well belov'd by all many took it very ill at his hands for he was but newly got to that Dignity and not approv'd of or confirm'd in it by the Roman Governour And Eusebius in the second of his Ecclesiastical History chap. 23. tells us that this High Priest snatcht at this occasion of the interregnum But what 's all this to our purpose Was not Archelaus who was stiled King in his Father Herod's last Will and that by the Allowance and Gift of Caesar was he not therefore King because he refus'd the Name and Authority of a King till he had Caesar's confirmation for it And not the Magistrates of some Cities of which there are many in Germany who are subject to some particular Prince not true and lawful Magistrates because on the death of the Prince they are requir'd to pray the Confirmation of their Priviledges from the Successor But now that the High Priest had power after his Confirmation to convoke the Judges of the Sanedrim is clear enough for that they do not say to Albinus that this summoning them was in it self unlawful but that it ought not to have been done by him without the apprebation and privity of Albinus LII It has now been fully and solidly prov'd that Tell it unto the Church signifies no more than Tell it unto the Magistrate of thy People or who is of the same Religion with thy self before you implead your Brother in the Heathen Courts as St. Paul 1 Cor. 6. 5. hath incomparably expounded it where he commands them for this cause to chuse persons out of themselves to judge and arbitrate their Quarrels But now who doubts but that this Precept holds not where God hath blessed us with a pious Christian Magistracy a Magistracy of the same Religion with our selves Indeed St. Augustine in the second Chapter of Faith and Works plainly enough informs us that he accounted Excommunication supplied the place and defect of the visible Sword when the Church wanted that external aid for as he would have it Moses his punishing Transgressors with Death and Phineas his slaying the Adulterers did typifie and prefigure the punishing evil men by Degradations and Excommunications that is at such time as the material Sword the Civil Temporal Power should be wanting in the Church I remember that some Modern Writers hold that the Jews had and retain'd this Custom of Excommunicating because the Sword was taken from them which I have prov'd by irrefragable Reason Argument and Testimonies to be utterly false but were it but thus far true it must necessarily follow that there 's no occasion for Excommunication in such a Church which hath the Civil Authority of its side Nor is it requir'd as a thing obligatory to us to chuse Judges or Arbitrators other than the lawful Judicatures of the Land Be it how it will nothing can be more certain than that the word Church in this passage of Matthew signifies nothing less than a Church-Senate a Council of Clergie-men or Ecclesiasticks endowed with a Faculty a Right or Power to shut out whom they please from the Sacraments LIII Two Objections yet remain First How any one can be said to neglect to hear the Church if that and the Civil Magistrate who hath the power of the Sword are the same thing Secondly How that passage of binding and loosing Mat. 18. v. 18. suits with this matter To the first the Answer is intimated before That the Jews had not then power of judging in all matters but almost every thing that related not to Religion belong'd to the Roman Judicatures And therefore Christ permits that if any one neglects or contemns the Authority of the Sanedrim in such matters the injur'd person may prosecute his Right before the Heathen Magistrate in like manner as if he were to sue an Heathen or Publican Besides many cases may occur which the Law had not provided a distinct and proper punishment for or had not prohibited under any penalty at all in which case it may well be that the Offender may be dismist without more ado than a verbal chiding or admonition Now if the Wrong Doer does not yet leave wronging him the party injur'd may seek farther satisfaction and may again and again apply himself to the Church or Magistrate to punish the other's obstinacy But though this Answer hold true yet the former seems in my mind more apposite and suitable to the purpose and designe of Christ as well as to the several circumstances of time and place and the like LIV. To the second there is as little difficulty in framing it an Answer for since the manner of speaking is the same and almost the self-same words are here repeated which are used by Christ Mat. 16. 19. 't is necessary that they signifie either the same thing or something very like it but in Mat. 16. 19. to bind and to loose signifies nothing else but to preach the Gospel whereby he that believes in it is loosed from Sin and from Death and therefore can signifie here no more than the desiring his Brother to leave injuring him and rather to become good and affectionate to him this being a thing acceptable unto God and he will surely punish those that break this great Commandment of Love and Charity Now he that thus wins upon his Brother by soft advice and entreaties to forbear wronging him and urging to him the revealed Will of God and what Wrath he has in store for them that thus offend if his Admonitions have their effect he hath gained his Brother that is he hath loosed him if they return unsuccessful he is still bound the Wrath of God remains upon him in like manner as it doth upon him who having heard the Word of the Gospel preached unto him believes or disbelieves it But now that we might be ready and forward to forgive them that repent Christ labour'd to perswade us to it by that most apposite Parable of the Kings taking account of his servants which he subjoyn'd to this passage whereby Christ's meaning and purpose is mightily cleared as to the sence we have put upon it before LV. I cannot but infinitely wonder how or why some men do here expound this binding or loosing by driving men from the Sacraments and readmitting them thither again when throughout the whole Bible these words are never put for any such matter and the Apostles have neither by word or otherwise discover'd that they understood Christ in such a sence There is extant a Precept of Christ that if any refused to receive the Gospel they should depart out of that house or City shaking off the dust of their feet against them Luke 10. 11. Mat. 10. 14. which they put in practice Acts 13. 25. and 18. 6. But that they should deny any Sacrament to those that believed the Word and were baptized unto Christ and embraced his Religion and Doctrine we nowhere find it either enjoyned unto or practised by them as hath been before abundantly
this penalty to wit Exclusion from Sacraments to be inflicted on them who married strange women Deut. 7. v. 3. And in the 8th Chap. of 1 Esdras 't is shewn how he was to proceed against the Transgressors of the Law in that point to wit by Death Banishment Corporal Punishments Confiscation of Estates Bonds or Imprisonments But in fine 't was quite another thing to be thrust out from the company of them who had returned from the Captivity and to be shut out from the Temple and Sacrifices for it appears from Exod. 1. 2. 21. and Numb 9. 2. that the stranger that was circumcised was admitted to keep the Passover and then too many of those who either had continued in Judea or who of the Inhabitants had forsaken the filthiness and abominations of the Gentiles and became Jewish Proselytes did together with all the others celebrate the Passover as 't is written at the end of the 6th Chapter of Esdras These such as they were were not debarr'd the Sacrifices Temple or Ceremonious Rites though they were not reckoned among the number of them who return'd from Babylon In like manner did they remove some of the Priests from their Sacerdotal Function because they could not make out their Pedigree as appears 1 Esdras 2. And from all put together 't is plainly impossible that Excommunication can be shor'd up or supported hereby XXII There is yet one Objection left which some men hug themselves in and prize mightily and that is the casting out of the Synagogues for to assert Excommunication the more irrefragably they quote you what is written in John 9. v. 22. and ch 12. v. 42. and ch 16. v. 2. But many and true are the Answers to this The word Synagogue sometimes signifies a place as when Jesus is said to have entred into and taught in the Synagogue Sometimes a Convention or Meeting whether the same were in the Synagogue it self or elsewhere as when the Pharisees are said to chuse the chief Seats in the Synagogues and the uppermost Rooms at Feasts Mark 12. 39. Luke 20. 46. In this latter sence or rather in both of them is it used Mat. 10. v. 17. and ch 23. v. 34. where Christ foretels the scourging of his Followers in the Synagogues and Mat. 10. v. 17. Mark 13. v. 9. Luke 12. v. 11. and 21. v. 12. in which places the word signifies no more than the publick place of Judicature as 't is often used for the same by the Septuagint as we shall have opportunity to clear hereafter But in the last forecited places Mat. 10. v. 17. and Mark 13. v. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which we translate Councils and Synagogues are there put as if they both signified the same thing In the other places after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 presently follows 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings and Rulers as in Luke 21. v. 12. instead of which the same Evangelist ch 12. v. 11. puts 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistrates and Powers So in Mark 13. v. 9. Mat. 10. v. 17. By comparing these places 't is most plainly demonstrable that the Evangelists or rather Christ did not by the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Council and Synagogue understand or mean any thing more than the Jewish Judicatures which were held before several persons who sate as Judges though generally one had the Chair and something of Superiority or if more did act they did it in the name of one of them In these Assemblies or Synagogues those that were found adjudg'd guilty were buffeted and beaten with Rods and the like Mat. 10. 17. and 23. 34. Acts 17. 10. and 26. 11. and 2 Cor. 11. 25. which place may be easily understood by Deut. 25. 2 3. Now the casting out of this kind of Synagogue was a kind of Political or Civil Ignominy or Punishment and so a local banishment as 't were as we gather out of Luke 4. 28 29. which can never be applied to Sacraments which except it be that of Circumcision and some few others were celebrated in the Temple of which there was but one and at Jerusalem And of the same nature doth that punishment seem to be which we spoke of a little before in our clearing that of Esdras There is no body but knows that such Synagogues there were in every City therefore whether you take the word in that of John ch 10. v. 17. for the Assembly it self or for the place where they assembled it thwarts not our Opinion any manner of ways and if at most it were denied to be a Civil Assembly yet must it manifestly appertain to religious matters But I dispute not here whether he who entertains erroneous Opinions of the true Religion be to be excommunicated for the Pharisees says John 9. v. 22. agreed that if any man did confess that Jesus was Christ that he should be put out of the Synagogue But farther yet it was matter of Repute and Honour to be of the Synagogue as of the other hand 't was a piece of Reproach to be cast out of it as may methinks be easily gathered from Joh. 12. 42. where 't is said that among the Chief Rulers also of whom perhaps Nichodemus was one many believed on him but because of the Pharisees they did not confess him lest they should be put out of the Synagogue and the reason is added v. 43. for they loved the praise of men more than the praise of God Besides it appears that even the circumcised Publicans were not admitted into the Synagogues in the sence we now take the word for the Pharisees would not endure so much as to speak with them and one of their Cavils at Christ was for his familiar converse with those men But I cannot imagine that any one who understands himself can affirm that these very Publicans and Sinners were debarred from the Passover from the Temple or from Sacrifices therefore must they needs be two quite different things so to be dissynagogu'd and to be kept from the Sacraments and Rites of Gods own institution which is manifest as well from what has been already said as from Acts 5. v. 42. for the Disciples after they had been severely lesson'd by the Synagogue did not yet cease to teach and preach Jesus Christ dayly in the Temple What a many of Synagogues was Paul put out of but the Jews never cast it in his teeth never accus'd or condemn'd him for coming into the Temple and for offering there for himself and others But to close all this more may yet be said could it never so plainly be made out that the Pharisees counted it one and the same thing to exclude from the Synagogue and from the Sacraments which I shall make appear never was is or could be true yet they must needs have done this as well as many other things against the express Law of Moses and then are we obliged not to imitate but condemn
not provok'd and then too I used the utmost moderation in the managing them esteeming it as disadvantageous as needless to trouble our Churches with this Dispute when it did not yet appear that any body had imposed such a Form of Discipline upon them But others who think the relish of Government more sweet and pleasant than that of Obedience could not so temper their mouths but by all the Arts and Insinuations that they thought might work our most pious Prince to their designes they labour'd as I afterwards understood to introduce something very like this into our Churches and had not other rubs thwarted them God knows how far they might have prevailed Besides how did they lie at me all this while what Dirt did they throw upon me onely for that they knew how averse I was to their purposes and that I should not be wanting according to my best endeavours to frustrate them But this I need not here enlarge upon It happened about the same time that an English-man who was then said to have left his Country because he could not brook a Surplice and such-like Formalities then enjoyn'd desiring to commence Doctor proposed in his Theses Disputes concerning indifferent matters and religious habits Now our Divines would not admit of this man to his Doctorship for fear of giving distaste to the English Clergy though in the latter of his Theses something was proposed too relating to this matter but it seems they thought the peace and tranquillity of our own Church a trifle not worth the regarding And therefore amongst his other Theses this was one That in every Church that was rightly instituted there ought to be a Government or Discipline observed whereby the Ministry in conjunction with Elders for that purpose to be elected should have right and authority to excommunicate any vitious Liver even Princes themselves Now though I was not without apprehensions that this Dispute was not then taken up for nothing yet I hoped withal that no more would come of it than of an ordinary Disputation where the Question is agitated Pro and Con not for deciding the matter so much as to whet and exercise the young Disputants and to try how well qualified they are for the Degrees that they stand Candidates for I therefore stirr'd not thither and indeed other affairs hindered my being present And for others who I saw ready to take up the Cudgels I advised them to have a greater regard to the Churches Tranquillity than to the Follies of a few yet some disputed the point with them But it might have prov'd no more than a Disputation of course had they not called as well them as me Profane Satanical Devilish Makebates Enemies to Religion and Holiness Fanaticks and what not Truly for my self I can religiously say it never enter'd into my thoughts to set Pen to Paper in this matter till I both heard and saw with what intemperateness they comported themselves both publickly and privately so that I thought a longer silence but a betraying the Truth But as I was then more than ordinarily employed by reason of the sick Souldiers who return'd from France with Casimire in the year 1568. I set down my Thoughts but brokenly as in the intervals of my Employ things from time to time occurr'd to my mind which when I had amassed a pretty deal though confusedly and immethodically together I distributed and submitted them to the Censure of others intreating them withal that if they observ'd any thing false or but weakly maintain'd they would answer the one and strengthen the other with better Reasons And I hop'd to gain this if nothing else thereby that those of contrary Sentiments would become more calm and moderate upon the perusal of what I had writ and not differ from us farther than they had Arguments to bear them out One of the two persons with whom I thought of conferring most particularly saw and read three parts of four before the whole was transcribed and being then askt what was his Judgment of it he promised to give it when he should have perused the whole But something I know not what he said by the by of Leaven and that he thought the Consent of the antient Church was to be very much esteem'd of and in fine some other things did he let fall whereby 't was easie for me to make a Judgment of his Opinion in the case And I learnt quickly after that the very same person had writ a Tract about Excommunication in maintenance of the Vulgar Opinion which made me no longer-doubt what answer I should meet with from him for I knew him to be one who was not easily brought to retract what he had once asserted Therefore since I had in the latter part of my Book confuted all his Objections I presented it whole to another person who I thought the best Friend I had in the world He not onely took the Book from me with disdain and contempt whether he had an item of it before I know not but he plainly said he should not vouchsafe it a reading yet I left it with him for some days and besought him with all the earnestness and entreaties that I could that he would but look it over and give me his Judgment upon it But I understood upon good grounds that my Sollicitations had been fruitless I sent for my Book about twelve days after that I might get others Opinions upon it But because 't was long and could not be so soon read over by many persons I contracted it into certain Theses or Positions that I might the better communicate it into many hands so that hereby I quickly got the Opinion of the most eminent German Divines and others who had refused the reading of it at my request were at last thus drawn into it unawares But that it might appear to the World that I sought after nothing but the naked Truth I prefix'd a Preface to it wherein I requested two things First That all men would be pleased diligently to examine every point and weigh it by the Scale of Holy Writ and if they saw me in an Errour would endeavour to set me right again that I might be contributory to setting others to rights I promised from the bottom of my heart God the Searcher of hearts is my Witness that I would thank him both before God and man whoever should shew me my Errour And because I foresaw what after came to pass my second Request was That if they found fault with any thing that they would so do it that I might have a just liberty of explaining my self and of justly defending any thing they should undeservedly condemn for though I had approv'd my self a Friend to them in all good turns I could scarcely expect like measure again by what I had before experienced Nor was I deceived for the very men whom I had so fondly conceived to have been my best Friends turn'd suddenly my Enemies and would not so much
the boundaries and limits set unto the Jews As therefore God commanded that all that were externally circumcised should participate and communicate in the same Sacraments and Rites but that Criminals and other Transgressors should by the Sword and other civil Punishments be restrained and punished so is it Christ's Will that all who are baptized into him all that profess Christianity and have a right and sound sense of Religion should be admitted to the use of all external Ceremonies and Sacraments whilst the Wicked and Criminal fall under the correction of the Magistrate whether it be by Death Exile Imprisonments or other the like Penalties And the Parables of the Net Marriage and Tares seem to import no less XXXII We find among the Apostles Paul especially no fewer nor less plain and forcible Arguments for our Assertion First there are no Footsteps that the Apostles did either teach or practise such a kind of Excommunication This Argument though it be not so evincing and strong of it self yet will be made unanswerable if we consider that the Apostles all their time kept themselves to a strict observance of such Laws of Moses which Christ had not abrogated as may be gathered out of the 21th and 28th Chapters of the Acts of the Apostles for which cause they never did nor would attempt to put by any one from our Sacraments which differ from the Sacraments of their Forefathers in the signes and time of signifying onely if he be a professed Christian and make a right Confession of that Doctrine for they neither did nor taught any thing contrary to the Precepts of Moses which Christ had not before abrogated but kept themselves to as close and strict observance of the Law after his death as before as the chief of the Apostles bears witness in the before-cited places for that permission to live free from the Law of Moses was to the Gentiles onely not to the Convert Jews which ought carefully to be remark'd here for the sake of what follows And as to the substance of their Doctrine they taught nothing that interfer'd with Moses and the Prophets for had they taught any thing dissonant the Bereans could not have judged it agreeable to those Scriptures that they searched Acts 17. v. 11. XXXIII But to adventure yet one step farther Much may be said for the sense of Moses which jumps altogether with ours but for the contrary Opinion Paul affords us not one Argument for that Apostle in 1 Cor. 8. v. 7. excludes neither those who yet retaining some fear and conscience of the Idols thought them to be something nor those proud boasting Gnosticks who in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the House or Temple of the Idol at least in the Room that was set apart for their solemn and publick Idol-Festivals did promiscuously with the profane and impious Idolaters eat of the things offer'd to Idols A thing expresly forbid by Moses Exod. 34. v. 15. by the Apostles Acts 15. v. 29. by John Rev. 2. v. 14. This was a sin as hainous as 't would be now-a-days for a man to dare to be present and communicate at a Popish Mass as any one may easily gather out of the 10th Chapter of that Epistle for Paul there proves that such as those do not less declare themselves by that action to be Communicants and keep a Fellowship with Devils than they testifie themselves to be Members of the mystical Body of Christ by partaking of the Lords Supper XXXIV Again Paul 1 Cor. 10. 1 2 c. reasons the matter thus As says he God spared not in old time such as lusted after evil things nor Idolaters nor Fornicators nor such as tempted and murmured against Christ though all of them were baptized unto Moses in the same Baptism v. 2. and did all eat the same spiritual meat and did all drink the same spiritual drink v. 3 and 4. so shall he not spare even you too whoever of you are defiled with like abominations though you also all eat in like manner as did they of the same Bread and drink of the same Cup with the righteous and holy ones By this it is seen first that the Sacraments of the Jews before Christ and ours since are as to the internal and heavenly designe of them the very same else would the Apostles Argument be of no force Secondly 'T is evident that in both cases many vile and wicked Wretches and notoriously known and mark'd for such found admittance Thirdly 'T is also clear that none were commanded to keep away as the Excommunicated now-a-days always are for the Apostle doth not say that such whilst such should be kept from coming but foretels and denounces like punishments on them as befel such sinners of old Some of whom Moses with the Levites slew Exod. 32. v. 28. some God himself destroyed with Fire and Sword Serpents and Earthquakes which was these Corinthians case too for saith St. Paul 1 Cor. 11. v. 30. For this cause many are weak and sickly among you and many sleep that is are punished by Disease and Death from God XXXV In the next Chapter though St. Paul take notice of Divisions and Heresies among them and of some drunken at the Lords Supper yet neither are those Schismaticks and Sectaries those Drunkards or others of whatsoever debauched Principles commanded to be kept from eating it there 's no tittle or word of any such Interdiction Yet doth he there redress lesser matters as that every man should eat at home if he be hungry How could he have here pass'd over this in silence had he approved it had he thought it so necessary to the Church But the Apostle well knew that the Law commanded otherwise and that the use of Sacraments in the Church was to other purposes than the punishing of Moral Vices by their deprivation therefore commands he that every man examine himself 1 Cor. 11. 28. the Precept is not that they should try and examine one another Nay the Apostle there cautions them that they eat worthily For he that eateth and drinketh unworthily eateth and drinketh damnation to himself v. 29. He doth not in the least command that unworthy Communicants should be denied access but threatens them with sad dooms from the hand of God He divides the Eaters into two sorts according to their differing Complexions the worthy and unworthy ones he gives no Precept to either for their not eating but would that all should eat worthily XXXVI Afterwards in 2 Cor. ch 12 and 13. he threatens not those who 2 Cor. 12. v. 21. after a former admonition had not repented of the Uncleanness and Fornication and Lasciviousness which they had committed with exclusion from the Table of the Lord but 2 Cor. 13. 10. according to the power and authority which the Lord had given him to edification and not to destruction he would not spare ch 13. v. 2. and 10. that is he would proceed with rigour and severity according to his extraordinary and
by their Commission v. 12. I can't imagine but that Agrippa and Festus too knew well enough whether it was lawful or not for their Council to do so and sure they would not have acquitted him in the manner they did v. 34 35. had not the Authority he had been committed by been warrantable for Paul should have offended no less against Caesar than against the Pharisees For he who doth an unlawful act by the permission and command of them who have no right nor authority to permit and command transgresses no less than they that command it but no such thing is charg'd upon the Accusers or Accused but Paul is fully acquitted as one that hath done nothing worthy of death or of bonds And had not the Jewish Sanedrim had this authority and liberty then lest them Pilate could not have said to them Joh. 18. 31. Take ye him and judge him according to your law And when they answer that it was not lawful for them to put any man to death this must be understood either as St. Augustin interprets it at the time of that Festival for fear of the People or as St. Chrysostom expounds it of that kind of Death which they desired that Christ should die With which latter Opinion the words of St. John which immediately follow very well agree to wit That the saying of Jesus might be fulfilled which he spake signifying what death he should die To the same purpose is that of Mat. 26. 55 56. where Christ says I sate dayly with you teaching in the temple and ye laid no hold no me but all this was done that the Scriptures of the Prophets might be fulfilled They took him therefore at a time when by reason of the Feast then at hand and for fear of the People they could not put him to death vid. Mat. 26 5. and Mark 14. 2. Since therefore they could not bear that he should live any longer and they could not well take his life away themselves it follows of course that he must be deliver'd into the hands of the Romans that so all things which he had Mat. 24. foretold his Disciples might be fulfilled as the words of St. John intimate and as Augustine and Chrysostom agree And those Cries and Vociferations of the People Crucifie him crucifie him give farther Testimony to this Interpretation L. By what has been said the falsity of that Affirmation is apparently detected which says that the Sanedrim had not the power of the Sword that is the authority of Life and Death and that Stephen was ston'd tumultuously by the Rabble and not by Decree of the Council For I think I have proved beyond all contradiction that such a Power they had and for St. Stephen's case 't is clear that he was not tumultuously slain for that Acts 6. 12. he was solemnly brought and accused before the Council Witnesses were produced though false ones v. 13. they carried him out of the City and those Witnesses as the Law provides cast the first stones at him as may be easily gather'd from their laying down their Clothes at Saul's feet v. 58. The same too may be as fully proved out of other Histories for Josephus in his fourteenth book of the Antiquity of the Jews ch 12. 16 17. according to the Greek Copies tells us That the Romans gave liberty to all Nations and by name to the Jews who dwelt in or out of Judea to use their own Laws in things relating to Religion and to live freely according to their own Rites and Customs And in that twelfth Chapter he quotes Strabo for his Author that he writing of the City Cyrene says they had there a President or Chief Ruler who heard and decided their Causes and transacted all affairs as absolutely as if they had been an Independent State That also makes farther for us which we read Acts 18. 15. of Gallio the Deputy of Achaia where he tells them that if it be a matter of their Law they may look to it The same Josephus lib. 16. ch 4 5. recounts how Herod had obtained of Agrippa that the Jews in Asia might have the freedom of enjoying the Priviledges before that time indulg'd them by the Romans I take occasion to remember this because some object that Herod destroy'd and slew all the Sanedrim and stript them of all Authority as if none had succeeded those that were kill'd How likely is it that Herod should take from them in Jerusalem that power of judging in matters relating to Religion and determining therein according to their Law who endeavour'd to procure and preserve the same to all the other Asiaticks Besides the time of Christ's preaching fell not under Herod or Archelaus but under the Government of Pilate 'T is certain that the Jews forced even Pilate himself to send again out of the City the Roman Standards which he had caused to be privately introduc'd to prevent the breach of Gods Commands of suffering any Image in the City And that they reserv'd and continued this Power to themselves to the very destruction of Jerusalem may be clearly gathered from Josephus his Oration to the Besieged The Romans says he in his fifth Book of the Wars of the Jews ch 26. exact Tribute of us for that our Forefathers have a long time been wont to pay it to theirs If in this you comply they 'll neither sack this our City nor meddle with our Temple but leave both you your Goods and Families free and the free use and enjoyment of your sacred Laws Titus himself after his having taken the City said almost the very same to the Jews lib. 6. chap. 34. Whether therefore we consult the Holy Writ or the Jewish History 't is an undoubted truth that that Sanedrim which Christ commanded to tell it unto had the power of the Sword the power of Life and Death especially over those who sin'd against their Religion for in Civil matters and Causes of Right and Wrong where the Law had not specified the Punishment I do not question but that the Romans encroached and usurp'd if not all yet most of them to themselves as is easily discernable out of History and may well be conjectur'd out of Acts 18. v. 12. LI. And 't is no ways repugnant to what we have said that in Josephus his Antiquities of the Jews some of them tell Albinus that it was not lawful for the High Priest to call the Sanedrim or Council without his leave For he there as an Historian relates what others did not that he applauds or approves of the Fact thereby Besides peradventure the High Priest during the interregnum that is whilst Albinus after the death of Festus was no his Journey thither ought not to summon a Court for a matter of that weight and moment till the new Governour confirm'd him in that Authority for he had procur'd that James the Lords Brother who was vulgarly sirnamed the Just should be put to death who being a person