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

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Surplice or some such like But since we have a pattern of perfectly formed Churches in the Apostles times who had power even In actu excercit● of Discipline and Church-worship and the Apostles mention things of an inferiour nature How is it that we have no hint of Crossing Kneeling Surplice corner Cap nor any such like unto these And yet they were as necessary for decency then 1 Cor. 5. Col. 2. 5. 1 Cor. 11. 20. c. Rev. 2. 1. 2 14 18 20 21. 1 Cor. 14. 40. as now Others of great learning reply that Christ is not the only immediate Head King Law-giver and Governour of the Church for that is quite contrary to Gods Ordinance in establishing Kings Magistrates higher powers nurse-Fathers Pastors Doctors Elders for by this there should be no Kings Parliaments Synods no power of jurisdiction in them to make Lawes to suppresse and punish all manner of Idolatry Superstition Heresies But I answer that Christ is the only immediate Head King Law-giver and Governour of his Church as upon his shoulder only is the Government Isa 9. 6. And the key of the house of David Isa 22. 22. And by what right he is the head of all things and set above all principalities and power and might and dominion and every name that is named not only in this vvorld but also in that vvhich is t● come He is the head of the Catholick Church which is his body Eph. 1. 21 22 23. And he is such a head even in externals in giving Apostles Prophets Evangelists Pastors and Teachers who for the vvork of the ministery perfecteth the Saints in vvhom the vvhole body of the Church is fitly joyned together and compacted by that which every joynt supplieth according to the effectuall vvorking in the measure of every part maketh increase of the body to the edifying of it self in love Ephes 4. 11 12 13 14 15 16. Now these places maketh Christ the only immediate head in externals and internall operation of that body which is the fulnesse of Christ Let any of the Formalists if Christ be not the only immediate Head Shew us of King or Bishop who is the Mediate Ministeriall inferior Head of the Catholick Church even in externall Government For Iohn Hart in his conference with D. Roinald saith Christ is the only principall imperiall and invisible Head but the Pope saith he is the visible and Ministeriall Head So do all Papists say but our Protestant Divines Answer That it is a repugnancy that a Subject or a Member of the King and Head should be in any sense both a Subject and a King a part or Member and a Head and Roynald saith This name to be Head of the Church is the Royall Prerogative of Jesus Christ Yea the head in externals must be with the Catholick body as Christ hath promised to be with his Church to the end of the world neither King nor Pope can in the externall Government be with the particular Churches to the end It is true the King may be with his Church by his Laws and power yea but so may the Pope be if all Pastors on earth be but his Deputies and if Pastors be but the Kings Deputies and sent by the King so is the King the Head of the Church but then the Catholick Church hath as many heads as there be lawfull Kings on earth But we desire to know what mediate acts of Law-giving which is essentiall to Kings and Parliaments in civill things doth agree to Kings Parliaments and Synods Christ hath not made Pastors under-Kings to create any Laws morally obliging the conscience to obedience in the Court of God which God hath not made to their hand if the King and Synods only declare and propound by a power of jurisdiction that which God in the Law of nature or the written word hath commanded they are not the Law-makers nor creators of that morality in the Law which layeth bonds on the conscience yea they have no Organicall nor inferiour influence in creating that morality God only by an immediate act as the only immediate King made the morality and if King Parliaments and Synods be under Kings and under Law-givers they must have an under-action and a Ministeriall subservient active influence under Christ in creating as second causes that which is the formall reason and essence of all Lawes binding the conscience and that is the morality that obligeth the soul to eternal wrath though King Parliament Pastors or Synods should never command such a Morall thing Now to propound or declare that Gods will is to be done in such an act or Synodicall Directory or Canon and to command it to be observed under Civill and Ecclesiasticall paine is not to make a Law it is indeed to act authoritatively under Christ as King but it maketh them neither Kings nor Law-givers no more then Heralds are little Kings or inferiour Law-givers and Parliaments because in the name and Authority of King and Parliament they Promulgate the Lawes of King and Parliament the Heralds are meer servants and do indeed represent King and Parliament and therefore to wrong them in the promulgation of Lawes is to wrong King and Parliament but the Heralds had no action no hand at all in making the Laws they may be made when all the Heralds are sleeping and so by no propriety of speech can Heralds be called mediat Kings under-Law-givers just so here as touching the morality of all humane Laws whether Civill or Ecclesiasticall God himself immediatly yea from Eternity by an Act of his free-pleasure made that without advice of men or Angels for who instructed him neither Moses nor Prophet nor Apostle yea all here are Meri precones only Heralds yet are not all these Heralds who declare the morality of Lawes equals may declare them charitative By way of charity to equals but these only are to be obeyed as Heralds of Laws whom God hath placed in Authority as Kings Parliaments Synods the Church Masters Fathers Captains And it followeth no wayes that we disclaime the Authority of all these because we will not inthrone them in the chaire of the Supreame and only Lawgiver and head of the Church they are not under-Law-givers and little Kings to create Laws the morality of which bindeth the conscience for this God only can do Ergo there be no Parliaments no Kings no Rulers that have Authority over men it is a most unjust consequence for all our Divines against Papists deny that humane Laws as humane do binde the conscience but they deny not but assert the power of jurisdiction in Kings Parliaments Synods Pastors SECT III. IF Iesus Christ be as Faithfull as Moses and above him as the Lord of the house above the servant Heb. 3. 1 2 3 4. Then as Moses was admonished of God when he was about to make the Tabernacle for saith he See thou make all things according to the pattern● shewed unto thee in the mount Heb. 8. 5. And
not subjected to them in conscience after any Ecclesiasticall way for the power of commanding in magistrates as magistrates must be commensurable to the power of punishing the transgressors of the command if the one be in order to a temporary good the other cannot but be in order to an eternall ill if ministers command in the name of Christ in order to an eternall reward they cannot threaten the transgressors in order to a temporary punishment but it must be in order to an eternall punishment so that it is most clear that the magistrate though he be in some sense a little God and invested with the authority and Majesty of God in that he commandeth and threatneth upon proposall of temporary reward and temporary good the very same duties that God injoyneth and forbiddeth the same evills of sinne that God forbiddeth yet he holdeth not these out to the soul and conscience of the subjects as the Ambassador of Iesus Christ upon condition of eternall life if they obey and of eternall death if they disobey but he holdeth out to the external man these that are materially divine commandements divine inhibitions but in another consideration but formally only they are the mandates of the Magistrates in order to temporary reward and temporary punishment Then the Ministers as Ministers in preaching and Synods forbid adultery incest murther but they propose them to those that are within the visible Church And that 1. to their consciences 2. Under the paine of eternall wrath 3. As the Ambassadors of Christ craving spirituall subjection of conscience and divine faith to those charges But Magistrates as Magistrates hold forth in their Law-abstinence from those same sinnes of adultery incest murther But 1. Not to the consciences of their subjects but to the outer man as Members of the common-wealth 2. Not under the paine of eternall wrath and condemnation before the judge of quick and dead Magistrates as Magistrates have neither calling office place nor power to threaten or inflict eternall punishment if Magistrates do perswade the equity of abstinence from adultery incest murther in their Statutes or Acts of Parliament from the word of God from the sixth and seventh command of the Decalogue from the judgement and eternall punishment that followeth these sinnes they so perswade not as Magistrates but as Divines and as godly and Christian men yet my sense is not that the Magistrate can Lawfully command obedience in matters of Religion not understood or knowne by the subjects that were to exact blind obedience but my meaning is that the Magistrate as the Magistrate holdeth not forth his commandements to teach and informe the conscience as Pastors do but he presupposeth that his mandates are knowne to be agreeable to the word of God and proposeth them to the subjects to be obeyed 3. Magistrates as Magistrates hold forth in their Law abstinence from these sinnes not as the Ambassadors of Christ craving subjection of co●science and divine faith to those charges but only externall obedience for though Ministers as Ministers crave faith and subjection of conscience to all commandements and inhibitions as in Christs stead 2 Co. 5. 19 20. yet the Magistrate as the Magistrate doth not crave either faith or subjection of conscience nor is he in Christs stead to lay divine bands on the conscience to submit the soul and conscience to beleeve and abstaine he is the dep●●y of God as the God of Order and as the Creator and founder and another of humane societies and of Peace to exact externall obedience and to lay bands on your hands not to shed innoceat blood and on your body not to defile it with adultery or incest nor to violate the ch●st●●y of your brother hence it is evident that the adversaries are far our who would have Ministers who do hold forth commands that layeth hold on the conscience and craveth faith and soul-submission under the paine of eternall wrath to do and act as the deputies and Vicars of those who have nothing to do with the conscience and have neither office nor authority to crave soul submission or to threaten or inflict any punishment but such as is circum●cribed within the limits of time and which the body of clay is capable of yea when the Magistrate punisheth spirituall sinnes heresie idolatry he punisheth them only with temporary punishment Obj. 5. When a Minister speaketh that which is treason against the Prince in the Pulpit by way of Doctrine the Church only doth take on them to judge him and censure him and he will not answer the civill judge for his Doctrine but decline him and appeal to a Synod and yet if another man in private speak these same words of treason he is judged by the civill judge and can give no de●linature against this civill judicature this must be unequall dealing except the civill judge may by his office judge whether the Minister spoke treason or not Ans It cannot be denied but that which is spoken by way of Doctrine by an Ambassador speaking the word in publick and that which is spoken in private although the ●ame words are very different for a private man in private to slander the Prince may be treason he hath no place nor calling to speak of the Prince but a Pastor hath a calling as the watchman of the Lord of hosts to rebuke Herod for incest and in a constitute Church the Church is to try whether Iohn Baptist preached treason or not 2. If it be a slander of the Prince and treason indeed the Prophet who preached it is first subject to the Prophets who are to condemne and censure him and then the magistrate is to inflict bodily punishment on him for it but the Church should labour to gaine the slanderers soule before the civill judge take away his life IV. Assert The Magistrate de jure is obliged not only to permit but also to procure the free exercise of the ministery in dispensing Word Sacraments and Discipline and owe his accumulative power to convene Synods to adde his sanction to the lawfull and necessary constitutions and ordination of worthy and to the Deposition of unworthy officers in the Church 1. Because he is a Nurse-father in the Church Isa 49 23. 2. And by office as a Publike father to procure the good of the soules of the subjects in his coactive way that we may lead a quiet and peaceable life in all godlines and honesty 1 Tim. 2. 2. 3. He is not onely to permit but also positively to procure all peace in the exercise of all lawfull and profitable trades and Arts Ergo farre more that glory may dwell in the Land and that the Peace thereof may be as a River Isa 48. 18. by the presence of Christ walking in the midst of the Golden Candlesticks V. Assertion When the Magistrate commandeth painfull and sound administration in preaching and governing with provision of the praysing and rewarding of well doing he doth not subordinate
them but in publick places and at all occasions and dayly in the Temple and in every house they c●●sed not to teach and preach Iesus Christ Act. 6. 2 4. 4. 1. 20. 5. 20 21. The Magistrate being Antichristian forbiddeth not preaching of saving truths because of the place be it private or publick but he forbiddeth them because they are saving and if Iesus Christ have called a man to preach in publick in the house tops the Magistrate hath no power from God to silence him in publick more then in private the Magistrate forbiddeth that any teach false Doctrine not for the place but because it is injurious and hurtfull to humane societies that men should be principled in a false Religion and cannot but disturbe the publick peace IX Asser The Christian magistrate must here come under a threefold consideration 1. As the Object of that high office is meerly and purely civill and positive relating only to a civill end of Peace as in importing or exporting of goods of wooll waxe moneys for the good of the common-wealth the crying up or crying downe of the value of coyned Gold or Silver the making of Lawes meerly civill as not to carry Armor in the night in such a City So in Warre Commanders Captains and Colonels are Magistrates to order the Battle lay stratagems the way of besieging Townes of fortifying Castles of issuing out mandates for the Navy The Parliaments power in disposing of Fouling Fishing Hunting Eating of Flesh or not eating at such a time all these as the Word of God doth not particularly warrant the one side more then the other are meerly civill and positive It is sure the Magistrate hath a supremacy and an independency above the Church or Ministers of the Gospel in all these and as these prescinde from all Morality of the first and second Table I hold that neither the power nor person of the Magistrate is subordinate to the Church and Church-assemblies and Ministers of the Gospel should 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and exceed the limits and bounds of their calling if they should meddle with these as the Church should exceed their bounds if they should make Canons touching the way of sayling painting tilling the earth according to such and such principles of Art for these are without the sphere of the Churches activity in this consideration that learned and grave Divine Doctor Andrew Rivetus in Decalo in c. 5. saith well pag. 204. That as we beleeve a man well skilled in his owne Art so that his judgement is a supream rule so the supream authority of the Magistrate to us in things positive is a rule for indeed it cannot be denied but there be Arcana Imperi● secrets of State that are not to be communicated to Pastors or to any in which the Rulers have a supremacy The Magistrate falleth under a second consideration as he giveth out Lawes just or unjust and executeth judgement in the morning or suffereth the eyes of the poore the widdow and Orphane to faile for went of justice and in these he is not subject to the Church and Pastors so but only as if he sinne in making Lawes the Pastors may humbly supplicate that he would recall those unjust Lawes and judge over againe righteous judgement and this exhorting of the Pastors is a subjecting of the Magistrate to the Pastors quoad actus imperatos so have Generall assemblies in the Church of Scotland humbly supplicated the King and Parliament to retreat Laws made against the liberties of the Church in savour of Antichristian Prelates and Ceremonies but quoad actus elicitos The Church and Pastors themselves cannot usurpe the throne and give out civill Lawes that are righteous and judge righteously for the poor in the place of King Parliament and Iudges for in this also the judges are supream and independent and subject only to God the Creator as his Vicars and Deputies in Gods universall Kingdome of power called universale regnum potentiae by Divines they are Gods and the shields of the world and here only as they erre not as they iudge are they subject to rebukes and threatnings and admonitions of the Church and Ministers of the Gospel Even as the Magistrate may command the Pastors to preach and dispense the Sacraments aright but the Magistrate himselfe can neither preach nor dispense the Sacraments so the Schoolmen say that the actions of the understanding depend on the will quoad excercitium the will may set the mind to think on this or that truth but not quoad specificationem The will it selfe can neither assent nor dissent from a truth nor can the will command the mind to assent to a known untruth or dissent from a known truth the mind or understanding naturally doth both and this distinction holdeth in acts of the civill power and in acts meerly Ecclesiasticall The third consideration of the Christian Magistrate is as he is a man and a member of a Christian Church who hath a soul to be saved and in this he is to submit to Pastors as those that watch for his soul Heb. 13. 17. as others who have souls to be saved X. Ass Hence I am not affraid to assert a reciprocation of subordinations between the Church and the Magistrate and a sort of collaterality and independent supremacy in their own kind common to both for every soul Pastors and others are subject to the Magistrate as the higher power in all civill things Rom. 13. 1 2 3 4. Tit. 3 1. 1 Pet. 2. 13 14. Mat. 22. 21. and all members of the common-wealth being members of the Church in soul-matters are subject to the Church and Pastors in their authoritative dispensing of Word Sacraments and Church censures Nor are any Magistrates or other who have souls excepted Heb. 13. 17. Mat. 16. 19. Mat. 18. ●8 Joh. 20. 21. Act. 15. 20 21 22 23. Mat. 10. 4● 41 42. So Protestant writers who have written on this subject Teach As the learned Walens judicious Trig. that most learned Divine And. Rivetus the grave and learned professors of Leyden Zipperus Calv. Petr. Cabel Javi●● reverend and pious M. Iohn Cotton judicious P. Mar. D. Pareus all the Protestant confessions The Augustine confession distinctly of Helvetia The confession of Sweden the Saxon. The English confession and that of Scotland all our Divines while Erastus Vtenbogard Hu. Grotius Vedelius Bullinger Gualth●rus going before them yet not every way theirs did teach the contrary The Arminians in Holland did thus flatter the Magistrate for their owne politick ends and some Court Divines made the King of England Head of the Church in the place of the Pope which P. Mar. excused and expounded benignly some say it is against reason that there should be two supream collaterall powers and especially in a mutuall subordination But can we deny this reciprocation of subordinations it is evident in many things if the King be in an extream feaver one of his own subjects a