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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

and humane Laws saith Suarez is from Nature and the Law saith de jure gentium est omnis principatus That excellent and learned Lawyer Ferd. Vasquius saith That all Princedome hath its rise from the secondary Law of Nature to wit à jure gentium from the Law of Nations Hence Kings Princes Parliaments Iudges Lord justices Majors Sheriffes Constables c. in their root are naturall but in particulars Rulers are from the prudence of humane societies there is a higher institution for Church officers Eph. 4. 11. they have not their rise from Nature and therefore that Celebrious and renowned Antiquarie D. Salmasius in that learned work of his De primatu papae condemneth the dignity and jurisdiction of Patriarchs above Metropolitans as flowing from the writs of Princes and Synodical constitutions of Fathers not from any Divine Institution the highest was as Theodoret saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now God as creator and Nature doth not sure Nature cannot appoint a Vicar of the Mediator Christ for if the Magistrate be an Ecclesiasticall administration then it must be an office intrinsecally supernaturall and intrinsecally and directly tending to a supernaturall end now the Papists for shame doe build their head of the Church upon a divine institution and on Christs words Thou art Peter and on this rock I will build my Church and I will give to thee the keyes of the Kingdom of heaven Christ never said any such thing to a Magistrate and if the Magistrate be an Ecclesiasticall administration and the head of the Church and the Vicar of Christ as Mediator he must have more then this and the keyes of the Kingdom of God must be given to him above Peter and all the Apostles for all Church-officers act their part as such à sub Magistratu from and under the Magistrate as his Vicars so as the Magistrate in America who lived and died never hearing of the Gospel nor of his Lord Mediator is yet by office the Vicar of the Mediator and obliged as a Magistrate though a meer heathen to beleeve in him of whom he never heard if the adversary say right which is unpossible Rom. 10. 14. But saith Mr. Coleman If Christ be rightfull King of the whole earth where did Christ grant a liberty to a great part of the world to remain Infidels and enemies to him and his Government Arg. 4. In Answer to which I draw a fourth Argument All the Heathen Magistrates who never heard of the Mediator Christ and the Gospel cannot by office be the Deputies and Vicars of the mediatory Kingdom for they are not the professed subjects of Christ as Mediator nor given to him as his possession and inheritance neither actually nor in Gods decree for thousands of them lived and died without Christ or any obligation to beleeve in or serve the Lord Iesus as Mediator for if Christ be not their rightfull King as Mediator nor their King at all as Mediator they cannot be his subjects as Mediator far lesse can they be his Deputies and Vicars by office of his Kingdome but Christ is not King as Mediator in any sort or title of such as are Heathen Magistrates for as Mediator he is neither King titulo jure acquisitionis nor efficaci applicatione neither merito nor efficacia he neither gave a price as Mediator to buy them because the adversaries then must say that Christ is so King of the whole earth as he hath died for all and every one of mankind nor are they his subjects so much as in the profession of the word of his Kingdom for they never heard it if the Adversaries can say that Christ died for all and every one of mankinde and so for these Heathen Kings I can refute this Article of Arminianisme and though Christ had died for them yet are they not subjects in so much as in profession and so in no capacity nor obligation to serve with their sword Christ as Mediator for they are not in that state obliged to beleeve in him nor to know him as Mediator how then are they obliged by office to serve him as Mediator except he had revealed himself to them in the Gospel Hence I need not prove that Christ is their King by efficacious applying of the merits of his death to them nor can any say this Argument may prove that Pastors by office are the Ambassadors of Christ because they are not all the subjects of Christ given to him as Mediator either in the decree of Election nor actually redeemed for many Pastors who are by office the Ambassadors of Christ as Mediator are Reprobates as was Iudas and others for the Argument is not drawn from any saving claime that heathen Princes who never heard of Christ hath to Christ but it is drawn from no claim at all no not so much as in profession now this claim in profession all Pastors have else they cannot be Pastors It is doubtsome that Master Coloman saith and not to a purpose That Christ granteth not a liberty to the greatest part of the world to remain infidels and enemies to him and his Government For thus he giveth them a liberty negative so as they are not obliged to believe a Gospel that they never heard nor is their negative infidelity a sin for which they are condemned they are condemned Because they glorifie not the Creator as God Rom. 1. 21. And do not the things of the Law that are written in their hearts Rom. 2. 12. 14. Mat. 25. 42 43 44. And in this sense God giveth to them liberty to remain infidels but he giveth them not liberty positively to remain infidels and enemies to Christ that is he willeth not voluntate signi that they should live in a sinfull course of unrenewed nature but they are not positively enemies to Christ and to his Government who never by the least rumour heard of Christ or his Kingdom or Government Hence all our Divines say that privative unbeliefe of those that hear the Gospel doth condemn but not the negative unbeliefe of those who never heard the Gospel Thus the adversaries must say except they with Arminians and especically with Moses Amyrald teach That there be two wayes of preaching Christ and two sorts of faiths in Christ one of those that hear the Gospel and another of those who are to believe in Christ though they never hear of or know any letter of the Gospel who yet by the book of creation and providence are obliged to believe in Christ which were an irrationall obligation Rom. 10. 14. Arg. 5. All power mediatory in Heaven and in earth that is given to Iesus Christ as Mediator is all spirituall all Ecclesiasticall power and therefore Christ upon this receipt of all power Mat. 28. 18. draweth a conclusion v. 19. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Go●ye therefore and teach all Nations c. but a Kingly power of this world by carnall weapons and by sword to fight is not given to

contrary to what they judge in conscience ought to be done So Tell the Church to Erastus is Tell the one individuall single Magistrate who by office may judge without and contrary to the advice of all the Church Pastors Doctors Elders yea people and all Now though we grant that what the Emperour doth as Emperour and the Magistrate as Magistrate hath done that the Empire City and Incorporation doth which yet is never true in the Church which hath no King as a Church save onely the head and King Iesus Christ yet Erastus hath not proved what the Emperour doth without and contrary to the advice of all the Empire that the Empire hath done that Erastus Christ either understandeth by the Church the whole multitude of Ierusalem or then the Magistrates But he understandeth not the multitude 1. Because Christ would not change the Government of heathens farre lesse of that which his Father had appointed in Iudea in which the people did never Governe Yea the Apostles to their death did nothing against Moses his Law and how they take Christ to speak of a Church to be founded of new after his resurrection who beleeved not he should die and rise againe and after his resurrection knew not what a kingdome whether worldly or spirituall he was to ●ave cannot be conceived Ans 1. Many will deny the Major for he understood the rulers of the Christian Church not excluding the consent of the Christian Church of beleevers in the matter of Excommunication 2. I deny that Christ doth here re-establish a Synedry and bid them Tell the Scribes and Pharisees and those that were to crucifie himselfe and to persecute the Apostles to the death Christ knew those to be miserable healers of scandals betweene brother and brother 2. He knew this Sanedrim to be the Disciples of Christs capitall enemies he warned the Disciples to beware of the leaven of their corrupt Doctrine he prophecied this Sanedrim should be destroyed as a degenerated plant that his heavenly father had not planted and was it like Christ would direct them a perishing and degenerate remedie against scandals that he would have removed by his Church even till the end of the world 2. It is most false that the Apostles did keep to death the institutions and ordinances of Moses Act. 15. They abrogated all the ceremoniall Law except that of blood and things strangled and Paul said he that would amongst the Galathians be circumcised was fal●e from Christ see Col. 2. Gal. 4. Heb. 13. and elsewhere the contrary The Government was now to expire with Christs death and ascension in so farre as it was pedagogicall 3. Christ spake often of his Kingdome to them and they understood nothing but an earthly and temporall Kingdome and that they understood perfectly All this time the Church of Pastors Teachers Elders Deacons beleevers in Christ is denied Let Erastus answer when Christ said Mat. 16. He would build his Church on a rock unpregnable and insuperable to hell If the Apostles understood a Church to be founded after the resurrection and when Christ said Loe I am with you to the end of the world if Christ meant not he would give his presence to the Christian Church not then founded for even after his resurrection they dreamed of an earthly Kingdome Act. 1. and that our divines do rightly expound that place I am with you All the faithfull Pastors Doctors Church-officers and beleevers to the Lords second appearance is clear Erastus Christ bade Tell that Church which hath power to conveene the offender before it examine Witnesses judicially cognosce and give sentence but in Christs time the multitude could not doe this Ans Ergo the Church hath a spirituall judicature This is for u● 2. Nor had the Sanedrim the power in all offences as Erastus would make the world beleeve for it was but a shadow at this time void of power and used what power they had against Christ and the Gospel Nor needeth Erastus to prove that by the Church the multitude cannot be understood though he cannot exclude them from their owne part in Church Government both in consenting and in withdrawing from the Excommunicated Erastus But Tell the Church is all one vvith this Appoint some who in the name of the Church may mannage the businesse but how prove they this Then Christ bade Tell the Elders that then were else he did not accommodate himselfe to their understanding to whom he spake when he was to teach hovv our sacrifices pleaseth God be biddeth us first be reconciled to our brother and then sacrifice yet he knevv that sacrifices vvere to be abolished but by Analogie he vvould teach us vvhat he requireth vvhen he saith he vvill have mercy and not sacrifice Ergo by your ovvn confession to tell the Church is to tell the Sanedrim for there vvas then no Church but the multitude Ans 1. Tell the Church cannot in any sense have such a meaning as Appoint Elders and tell them for then Tell the Sanedrim must have this meaning set up a sound Sanedrim according as Moses appointed and tell the Sanedrim The Sanedrim in its right constitution and due power as the Law of Moses required it was not to be had at this time Herod had killed the Sanedrim the Romans made High Priests from yeere to yeere against the institution the power of life and death in the civill Sanedrim was now none at all The Scepter was departed from Iudah those that sate in Moses Chaire corrupted all so the right Sanedrim was no more now to be had then a Christian Church not yet erected Again Tell the Church presupposeth a constituted Church and therefore cannot include a command to erect a new mould 2. Tell the Elders of the Christian Church may as well be meant in these words Tell the Church as the Iewish Church can be understood 3. The word Church and to conveene offenders hear Witnesses give out sentence were all plaine Language to the disciples though they knew not the frame of the Gospell Church as yet Christ being now teaching an ordinance of a Church and the censure of Excommunication that was not to fall under practise while Christ should ascend to heaven and therefore though this Church was not yet it followeth not that the Lord Iesus speaketh of the Sanedrim 4. Say that he meane the Sanedrim Ergo say we he speaketh nothing of the Christian Magistrate 1. Because there was no Magistrate now but Iewish Magistrates as Erastus cannot deny 2. Because this Sanedrim that gained soules of offending brethren was Ecclesiasticall not civill 3. By proportion and Analogie Christ must understand the Church of Christians though the Sanedrim was to be removed shortly Erastus It is a great controversie vvho are to be chosen out of the bodie of the Church to excommunicate judicially Ans The controversie was moved partly by Erastus partly by Morellius not in the reformed Churches Erastus Some say the Magistrate

1 Cor. 5. 12. Ergo their being Members of the Church is not enough to admit them to the Lords Supper except they be to the Church otherwise qualified and fitted for it And this doth clearly evidence That the word of the Kingdom may ought to be Preached to many within the Church that they may be converted to whom the Supper is not to be dispensed that they may be cōverted which is enough for our point to exclude promiscuous admission of all to the Supper and to prove some other qualification must be requisite in those that come to the Supper before the Ministers without violation of the holy things of God and being guilty of not distributing aright can administer the Supper to them and this is another visible qualification then is requisite in those that hear the word For Erastus and Mr. Prynne require That all that come to the Supper be rightly instructed 2. That they promise amendment of life But they cannot say none are to be admitted to hear the word while they be qualified thus you exclude the ignorant from the Sacrament do you exclude the ignorant from hearing the word Farther I desire to be resolved why Erastus and his require any qualification at all in the one more then in the other according to their way For suppose persons Baptized be only negatively blamelesse and not visibly scandalous yet Erastus and Mr. Prynne cannot deny the Supper to such Suppose they know not whether they be as ignorant of God as Indians and suppose they promise no amendment and do positively professe no repentance at all 1. Ministers can deny no converting Ordinances to persons because ignorant for if the Supper of the Lord be a converting Ordinance it shall convert men from their ignorance and an Indian ignorant of Christ ought to be Baptized to the end that Baptisme may convert him from his ignorance Now I think our Brethren cannot say this and therefore they must yield that Ministers dare not admit all within the Church to the Seals except they would be guilty of their sin in eating to themselves damnation and yet they dare not debar the ignorant within the Church from hearing the word and so are no way compartners with them in the sin of unprofitable hearing 2. Mr. Prynne may here see some ignorants debarred from the Lords Supper yet I hope he would not be so rigid as to Excommunicate all ignorants because ignorant the most rigid Novatians would condemne that and here is sole suspension without Excommunication which Mr. Prynne saith is not to be found in all the word of God I wondred much when I read those words of the learned and reverend Master Prynne That God who bestoweth no Ordinances on men in vaine must intend in instituting the Supper that visible morall unregenerate Christians may be converted thereby as well as reall Saints be confirmed to which I reply 1. Neither word nor Sacraments nor any thing on the part of the Almighty can be intended in vaine though the end of the Ordinance be not obtained I should have expected some such divinity from the pen of Arminians and Socinians who make God to intend the salvation of all and every one in both the promises of the Gospel precepts and Sacraments and yet he falleth from this end so you may read in Arminius Anti-Perkins pag. 60. that God is disappointed in his end in both Law and Gospel and God shooting beside his mark misseth the salvation of many say the Remonstrants at the Synod of Dort pag. 216. and in their confession c. 7. sect 3. and because Socinus thought it hard thus to take from God wise intentions he did no lesse then blasphemously deprive him of his omniscience So Socians contra puccium c. 10. and in prelectionib Theolog. c. 11. made all things that are contingently to come uncertaine to God But if you speak of intentio operis non operantis that the Supper in its nature is ordained this may rather be your meaning that morall men like Cicero and Seneca and Iudas and the like for all are alike in regard of the nature of the ordinances and of that which is the genuine intention not of God but of this Sacrament then you speak not of the supper as divided from the word but as the word going before the Sacrament hath converted the man and the Sacrament following doth adde to and confirme in grace So Sir you depart from the question for we grant that the Sermon going before in the same day of the celebration of the Supper may and doth convert and thus if an Indian heare a Sermon to which the celebration of the Supper is annexed if he be converted by that Sermon as you teach the heart in those is only knowne to God the Church is not to judge he may forthwith ere he be baptised come at the same time to the Lords supper which were much precipitation little speed and so the word formally converteth not the Sacrament But if you mean that the Sacrament formally as the Sacrament is of its nature a mean of converting a morall Seneca you mistake the nature of the seal very farre God never intended that food as food should give life to the dead the Supper as the Supper is spirituall food and presupposeth the eater hath life and how gate he life but by the word of God 2. Doth the Sacrament as the Sacrament humble or speak one word of the Law doth the Sacrament say any thing here but Christ died for thee O Seneca and there is a pledge of his love in dying for thee and the like it speaketh to Iudas as Master Prinne thinketh and can this convert a morall man never yet humbled for sinne But I have gone thus out of the way in this purpose I returne and desire pardon for this digression not I hope fruitlesse at this time If the Magistrate be the chiefe Church-officer how is it that the Church was without Christian Magistrates in the Apostles time then is there no exact paterne of a Christian Church what it should be de jure hath Christ in the New Testament not moulded the Church the second temple in all the dimensions of it as Moses David Solomon did by immediate inspiration shew us the measure of the first Tabernacle Sanctuary and Temple finally should Cesar suppose he had been a Christian have received imposition of hands from the Elders a● his deputies the Ministers do and be over the Church in the Lord as King and receive accusations against Elders ordaine Elders in every Church put out and cast out the unworthy only for the iniquity of the time Ministers were forced to do these Erastus and his have not one word of Scripture for this or were the keys of the Kingdome of heaven given to Cesar and because Cesar was without the Church therefore Peter received them Matth. 16. while Cesar should be converted what Scripture have we for this for to rule the Church

intend to kill his Son Why is not eating the forbidden fruit Lawfull Only because God Commandeth and if God forbid Abraham to kill his Son and Command Adam to eat it is Lawfull 2. If this be good observe all the Ceremoniall Law so you lay not Divine necessity upon the observance thereof offer Sacrifices to God under the New Testament and you cannot fail in the worship against the Institutor So slaying of the Children to Molech so you count it free and changeable shall not fail against Gods Commandments of the first Table I Command it not They Answer To kill Children is Man slaughter but I Reply God doth no● Ier. 7. Reason against Offering the seed to Molech as it was murther and forbidden in the sixth Commandment but as false worship and forbidden in the second Commandment Else he proveth not that it was unlawfull worship against piety but that it was an act of cruelty Yea so it be thought free and bind not the Conscience it may be Lawfull worship and is not condemned by this God Commanded it not Ergo It is not Lawfull I Commanded not saith Morton and D. Burges that is I discommanded or forbade Ans So saith the Iesuit Valentia but so Circumcising of women boyling of the Paschall Lambe another Ark then Moses made should not be unlawfull for these are not expresly discommanded But Gods Commanding to Circumcise the Male-childe to Roast the Paschall Lambe to make this Ark and his silence of Circumcision of women and boyling the Passeover and silence of another Ark is a Command 2. The Text Jer. 7. Is wronged I Commanded not neither came it in my heart to Command this Abomination That is I never purposed it as worship else they knew to kill their Children except to God as Abraham was Commanded was unlawfull as Isa 63. 4. The day of Vengeance is in mine heart 2 King 10. 30. 1 King 8. 18. Gen 27. 41. To be in ones heart is to purpose a thing 3. Valentia saith Exod. 18. 20. I Commanded not the false Prophet to speak But how By not sending or calling him Else God did not say by a Positive Commandment to every false Prophet Prophecy not but because God b●de him not Prophecy he was to know God forbade him Else to speak Arbitrary Doctrines and Prophesies not tying the Conscience were no false Prophecying They Object 1 King 8. 17. It was well that it was in Davids heart to build a house to God and yet David had no warrant in Gods Word for to build an house to God So Morton Burges Ans David had a twofold will and purpose to build Gods house 1. Conditionall It was revealed to David that God would have an house built therefore David might conditionally purpose to build it so it was Gods will he should be the man This wanteth not Gods word We may desire what ever may promove Gods glory conditionally As that Petition teacheth Thy Kingdom come This was recommended of God and approved 2 Kin. 8. 17. 2. A resolute will upon Nathans mistake the blinde leading the blinde this was not Commanded though the desire of the end was good that is that a house should be built Morton 16. It was Lawfull upon common equity considering Gods mercy to him in subduing his enemies and that he dwelt in Cedars whereas God wanted an house but he could not actually perform it without Gods word So Burges Ans 1. The consequence without Gods word is as good to conclude that David might actually build Gods house as to will and purpose to build it Because the word is a perfect rule to our thoughts and purposes no lesse then to our actions if to build without Gods Word was unlawfull Ergo to purpose this without Gods Word was unlawfull A purpose of sin as of Adultery is sin a purpose of will worship is will-worship and sin 2. A man of blood is as unfit to purpose to be a type of a peaceable Saviour as to be a type of a Saviour 3. If God reprove Samuels light for judging according to the eye 1 Sam. 16. 7. Far more he rebuketh his purpose to Anoint a man without his word Who giveth Kingdoms to whom he pleaseth Yet Samuel had a good intention and Gods word in generall that one of Iesse's Sons should be King 4. I● that good purpose had remained with David deliberately to build the Lords house after the Lord had said Solomon not David must build the house it would have been sinfull yet the reasons upon common equity and a generall warrant that God would have an house had been as good as before if Mortons consequence be once good it s ever good 5. By this without the warrant of the Word we may purpose to glorifie God The Baptist without Gods warrant may purpose a New Sacrament Cajaphas may purpose that he shall be the man who shall dye for the people I may purpose to glorifie God by a thousand new means of worshipping Papists have good intentions in all they do 6. A purpose of heart is an inward substantiall worship warranted by Gods Word Psal 19. 14. Psal 50. 21. Psal 74. 11. Ier. 4. 14. Gen. 8. 2. Eccles 2 3. Isa 55. 7. Ergo The word is not a rule in substantiall and Morall Duties heart-purposes cannot be indifferent heart-ceremonies 7. David needed not aske counsell at Gods mouth and word for an indifferent heart-purpose grounded upon sufficient warrant of common equity whether he should act it or no● that which warranteth the good purpose warranteth the enacting of the good purpose 8. Who knoweth if God rewardeth additions to the word with a sure house and all indifferent Ceremonies All additions to Gods Word are unlawfull Deut. 4 ● Deut. 12. 32. Prov. 30. 6. Rev. 22. 18. Ioh. 20. 31. Luk. 16. 29 30. 2 Tim 3 17. Psalme 19. 7 8. So Basilius Hieron Cyprian Chrysostome Procopius Turtullian All the Fathers all Protestant Divines opposing Traditions put their seal and Pen to the plenitude of Scripture But humane Rites are Additions to Gods word Morton and Burges say God forbiddeth in the foresaid places additions of any thing as Divine and a part of Gods Word or additions contrary to Gods Word and corrupting the sense thereof but not additions perfecting and ●●●plaining his Word a● Commentaries and Annotations of the text So do Papists Answer Duvallius a Sorbonist He forbiddeth other new Sacrifices as of the Gentiles who offered their Sons and Daughters So Valentia Vasquez Bellarmine Suarez Cajetan They are not added which the Church addeth they are from the spirit of God So Bannes but all these do elude not expound the Texts 1. Because if the Iewish Princes had Commanded Arbitrary and conditionall Ar●s Sacrifices places of worship so they add● not heathenish and wicked as the Gentiles Sacrificing their Children they had no● failed by this answer yet

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

Ministers of the Gospel in this Government such as it is more then in dispensing the word and Sacraments Surely except the Magistrate put his hand to the Arke without warrant in the one he cannot in the other They answer the Magistrate may limit the Pastors in preaching no l●sse then governing because he may command the Pastor to preach this and this and if he preach not sound Doctrine he may punish him but I answer this is no limitting of Pastors in preaching Because this the Pastors may in the name and authority of God exhort the Magistrate to execute righteous judgement Ier. 22. and if he crush the poor and needy and turne a tyrant an heretick and an apostate the Pastors may not only denounce wrath from the Lord against them but also judge them dogs and swine and not dispense to them the pearls of the Gospel yet this is not the Pastor limiting the Magistrate as the Magistrate doth limit the Pastor as his Ambassadour and Deputie though the Magistrate take care that Physitians Painters Shoomakers Professors in Academies and Vniversities doe their dutie in their calling and punish them if they therein doe amisse yet he limiteth not the painter to draw this way not this way nor hath he a negative voyce in acts of Art as he pretendeth a negative voyce in Church-discipline 2. Nor can the Pastor so command the Magistrate in the name of God to execute justice as if he become a tyrant an heretick an apostate he will not only remove him from the Throne and the Bench but he will set himselfe downe in the place of the erring Magistrate and judge righteous judgement for him or in his place for Erastus saith that the Magistrate may dispence word and Sacraments if he had time and leasure as lawfully as the Pastor and I have in another place observed that many so make the King head of the Church and the like must be said of the little heads of inferior Magistrates as of the great head as he is a mixed person partly Civill partly Ecclesiasticall and sacred that is by office Ruler and Pope 3. The Magistrate doth limit the Pastors only in positives and in punishing and inflicting Church censures as they command to censure scandalous persons in such and such scandals but in no other scandals more hainous yet in all the challenges moved by Magistrates against Pastors The Magistrate never made any challenge against Pastors or Synod for their sinfull omissions and want of zeal in not censuring drunkards adulterers hereticks court parasites who injoy many benefices and leave the flock and I give instance in the disputes of the Divines of England making the King the head of the Church court-divines accused never the Pastors that they exceeded their limits in not censuring corrupt Prelates non-residents pluralists idle and unpreaching Pastors or idol-shepherds 4. In the contests of Holland when the Synod of Frizland gave in a declinature to the Senate justifying the deposition of Poppi● an unsound and scandalous Minister in all contests with Arminians there the controversie was ever for positives that the Church condemned and censured hereticks never that the Church had been slack in the matter of discipline 5. In Scotland in Master Blackes declinature and when the Ministers condemned to death and then banished such as the godly and zealous servants of Christ Master Iohn Welch Master Iohn Forbes and others appealed to the assemblies of the Church for their standing for the liberties of the Church and Kingdome of Christ King Iames did never quarrell with them Thus you have not done in your Ministery and Assemblies you have not excommunicated the Marquesse of Huntly a bloody man but it was for positives Thus and thus you have done against the mind and Majestie of the King and Authority Now corrupt Pastors need as much to be limited in wicked omissions as is clear You are dumbe dogs and barke not Isai 56. 10. And the diseased ye have not strengthened neither have ye healed that which was sick c. Ezech. 34. 4. as in exorbitances in their positive zeal And this saith that Magistrates intend to intrude upon Christs liberties in this plea rather then indeed to procure that the house of God may be builded and edified or the liberty of the subject vindicated And therefore the godly ought the rather to stand for the freedom of the Kingdome of the Lord Iesus which owe not this tribute to earthly Princes since Christ only is King and raigneth in his owne Church CHAP. XXIV Quest 20. Of the reprocation of the subordination of the Civill and Ecclesiasticall powers to each and their supremacie and independencie each from other FOr the clearing of the question I humbly offer these considerations to the Reader 1. There is subordination of the power and a subordination of the person indued with the power here to be considered 2. So is there a supremacy of power and a supremacy of the person 3. There is a foure fold judgement here considerable 1. The first is apprehensive apprehensivum and common to both Magistrate Christian Pastor and all which must be given to all to whom we can ascribe conscience 2. Discretivum the knowledge of discretion the connaturall guide and principle of every mans beliefe and obedience 3. Definiti●um of those that are in Authority and do command in the Lord. 4. Peremptorium et infallibile the supream judgement of the King of the Church who cannot erre The first is common to all Rom. 15. The second proper to Christians and is a judgement of faith 1 Thess 5. 2. 1 Ioh. 4. 1. and it must be builded on the first The third is the Authoritative judgement of the Church Act. 15. 28. Mat. 18. 17. and of judges and it must be swayed by the second both in the commander and the commanded The fourth is Iesus Christs only Rom. 14. 4. 1 Cor. 4. 5. 4. It is one thing that the power of the Ministers be subject to the Magistrate as the Magistrate and another thing that the persons of the Ministers should be subject Not any office at all in their power seems to me to be subordinate to either Magistrate or Minister because all Lawfull power and Lawfull and profitable offices and Arts in abstracto are from God some of them immediately As the the gift of prophesying healing speaking with tongues working of miracles and the offices of Apostle Evangelist Pastor and Teacher Ephe. 4. 11. those be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gif●s and graces above Nature that God without the interveening of human reason hath devised for a supernaturall end the edifying of his body the Church mens will and reason may interveen in the designation of persons to some of those offices as that Iohn Thomas qualified as 1 Tim. 3. be Pastors or teachers But if we speak of the power of the Ministery in abstracto without connotation of the persons in concerto then the power or the office it selfe is