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A84062 The nullity of church-censures: or A dispute written by that illustrious philosopher, expert physician, and pious divine Dr Thomas Erastus, publick professor in the University of Heidelbertge, and Basil. Wherein is proved by the holy Scriptures, and sound reason; that excommunication, and church-senates or members, exercising the same, are not of divine institution; but a meere humane invention. Erastus, Thomas, 1542-1583. 1659 (1659) Wing E3217; Thomason E1783_2; ESTC R209663 63,863 128

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this man the Arke of God was carried and things belonging to religion were done as is manifest by the whole Book of Joshua Samuel and Eli when they did discharge both the Offices they did offer as Priests and as Judges they put in order things belonging to the Common-wealth together with Religion And indeed it was lawfull for the high Priests in the Old Testament to govern also civill business because they were Types of Christ as King and Priest but to our Priests it is said but you shall not do so 1 Pet. 5. which belongeth likewise to this place LXXIV When ye come to the Kings of the Jews the matter is also clear of David no man doubteth who did dispose of all Offices and Ministers of the Church as is manifest Let any man read who will 1 Chron. 22 27. Afterwards Salomon the King did not only build the Temple but did also consecrate it and not a Priest Hitherto belongeth that famous History of Jehosophat 2 Chron. 19. which being diligently pondered will clear this cause excellently as doth likewise the History of most holy King Ezekias and to conclude the whole Old Testament Wherefore if that Common-wealth and Church was most wisely founded ordered and constitute That Church cannot but be praised that cometh as near as the circumstances and present matters will permit to its forme Therefore wheresomever the Magistrate is pious and Christian there there is not read in any person who under another name of life should governe or punish as if the pious Magistrate differed nothing from the prophane It is really the worst of all errors saith Mr. Wolfgang Musculus in his common places of the Magistrate out of which I have written out what next proceeded that most part think no otherwise of the Christian Magistrates then of the dominion of the profane whose power is only to be acknowledged in civill matters Therefore if the godly Magistrate hath not only received power to constitute religion according to the precept of the holy Scriptures and to dispose of its Offices and Ministers for which cause Moses commandeth him Which is chosen King with his own hand to write out the Book of the Law or Moses's own writings and to exercise himself therein continually But likewise also to punish vices Then in vain do now some amongst us thinke of a new forme of judgment which shall reduce the Magistrate himself orderly and under his own subjects For that Ecclesiastick judgment-Seat of manners for Doctrine the Magistrates ought ever to consult them that are most acquainted therewith it is not to be found commanded in any place of the holy Scriptures LXXV But in these Churches that live under an ungodly Magistrate to wit under a Popish or Turkish grave and godly men must be chosen who must give judgment betwixt men that are at strife and must compose all differences and do other things of this kind And the same men ought together with the Pastours to admonish and rebuke unclean and defiled persons And if they prevaile nothing they must punish them either by denying them private commerce or by publick rebuke or by taking some other such notice of them But they cannot debar them that desire to come to the Sacraments instituted by God For who judgeth the heart but God It may come to pass that a sparke may be kindled by the publick Preaching To norish which by any means that opposeth not Piety is not only unprofitable but altogether fruitfull And I pray you how can it not be absurd and therefore ungodly to debar one from the publick and solemn Thanksgiving for the remembrance of the death of the Lord which findeth in his heart that he is compeld to celebrate the same together with the Church and who is willing to declare himself to be a member thereof and will publickly declare that his by-past life i●d ispleasing to him Appendix PErchance it will not be besides the purpose if in place of an addition or corollary I adde what was decreed by all the Orders of the Laicks belonging to the Empire in their meeting at Nurenberge Anno. 1523. concerning this matter and were offered to the Pope of Rome For by this meanes-will appear that before about 46. years ago the Divines begun to thinke of this Dispute neither are we the first that move the same Indeed I believe there is not any that is but in a mean measure acquainted with the Germane affaires which either thinketh or believeth that any of these things were decreed or desired from the Pope without the knowledg of the Divines But that the matter might be more clear it pleased me to conferre the Dutch examples which was writ in the writing it self with the Latine one which was sent to the Pope which Illyricus Printed with this Book of the Sects and Schisms of Popery at Basil 1565. and out of the colation of both is set down the whole Decree Therefore amongst the one hundred grievances which were two years before done at Wormes but were now set down more distinctly at Nurenberg the Thirty fourth pronounce thus Item Many Christians at Rome and in other places also are Excommunicated by Arch-Bishops Bishops and their Ecclesiastick Judges for profane causes and temporall goods And many infirme consciences are afflicted therewith and led into dispaire So for many and for transitory things and very oft for very light causes some besides that they loose their honour and their fortunes are thrown into the danger both of soul and body When notwithstanding no man ought to be Excommunicate or ought to be esteemed for an Excommunicate person as the holy Scriptures witnesseth except he that is convict of Heresie Wherefore the Laick orders of the holy Empire beseecheth the Popes holiness as becometh him and appears in a Religious Father that he would altogether abrogate this burden of Excommunication at Rome or in the Roman Court and that he would have a care that it should be taken away every where in all other places from Arch-Bishops Bishops and their Judges And to conclude That he would command that no man should be Excommunicate or holden for an Excommunicate Person for any other cause but for the manifest and convicted sin of Heresie belonging to Religion For men ought altogether otherwise either for temporall goods or for any other humane offences be removed or separate from God and his Church except for Infidelity and Heresie Hitherto likewise belongeth that which John Stiumfius in his Chronicle of Helvetia Book 2. of Germany Chap. 29. That the Priests through Swablan about the year of our Lord 1245. when by the instigation of the Pope Hendric Lantgrave of Turengia and after his death William Earle of Holland was chosen against the Emperour Frethrick the second and his Son Conrad did constantly amongst other things teach That it was not granted to any mortall man under the Sun to forbid Christians spirituall duties and the worship of God For this cause they continually say a Masse
Christs Passion do first demonstrate this and the next this other testimonies also This sendeth forth armed men to apprehend Jesus it examineth witnesses against him as it would have it to seem commandeth Christ to be brought be brought before it and delivereth him bound to Pilate having condemned him first publickly It condemneth Stephen openly and commandeth him to be kil'd It commandeth the Apostles to be shut up in publick Prisons it commandeth them to be beaten holding a publick counsell concerning that matter it giveth to Paul a commission and power to draw from other Towns the godly being bound to Jerusalem that they miuht be kild there Acts 24. The Jews themselves and the Judges or Synedrium in plain tearms affirme this by Tertullus the Orator when they accused Paul to Faelix Tertellus saith According to our Law we would have condemned him except Lysias had by force taken him out of our hands Acts 23. Paul saies to the chief Priest dost thou sit to judg me here according to the Law and yet against the mind of the Law commands me to besmitten Afterwards Acts 26. he confesseth before Agrippa and Festus that he put many Saints at Jerusalem and other places in Prison having received power for this purpose from the chief Priests and that he likewise kild them with the sentence and voice and that he compeld them with torments and punishments to blaspheme through all the Synagogues and he received power from the chief Priests likewise to handle the Saints in forreign Towns and among these in Damascus I believe Agrippa and Festus knew whither it was lawfull for the Synedrium or not to do these things Except it had had this power they would not have absolved Paul by their votes as immediately they do For Pauls sins should have been no less against Caesar then the Pharisees for he offends no less who doth unlawfull things by the permission and command of them to whom it doth not belong to permit or command it then he who doth command such things but neither of them are accused and Paul is clearly absolved as one that hath done nothing worthy of bonds Neither would Pilate have said John 18. take the him away and according to your Law judg him if they had not had thts power therefore when they say it is not lawfull to kill any body this is to be understood of the feast day for fear of the people as Augustin expoundeth it or of the sort of death to which they desired Christ to be put as Chrysostome interpreteth it to this opinion the words of John fitly agrees these things was done saith he that it might be fulfilled which Christ had spoken signifying what death he should die Hither also it belongs that in the 26. of Matthew Christ saith That he could not be taken at other times by them when he sate in the Temple and taught because the Scriptures might have been fulfilled therefore then they took him when for fear of the people and the feast instant they could not kill him Matthew 26. Marke 14. Wherefore seeing they could indure him no longer neither was it safe for them to put him to death it followed that he should be delivered up to the Romans that so all things might might come to pass as he had foretold should come to pass unto his Disciples Mat. 20. which are first insinuate by Johns words and after by Augustins and Chrysostoms To this likewise belongs that crying out of the people Cruci●e him crucifie him Matthew 27. Mark 15. Luke 23. John 19. L. From these it appeareth that it is not true that is affirmed by some that the Synedrium had no power of the Sword nor right to put to death and that Steven was stoned of it in atumultuary manner That they had a power I approved with unanswerable Arguments that Stephen was not kild in a tumult appeareth from that that he was accused before the Judgment seat That witnesses were heard albeit false witnesses that he was led out of the Towne that the same witnesses did according to the command of the Law throw first stones at him as may clearly be known by laying down their cloaths at the feet of Paul the same is proved also perspicuously from Historie For the Romanes permitted all people but namely the Jews that living within and without Judea to use their own Laws in matters belonging to Religion and so freely according to the Law and rites and manners as Josephus witnesseth In the fourteenth Book of his Jews antiquities in the 12.16 and 17. Chapters thereof according to the distinction of the Greek Copies and in the 12. Chapter he setteth Strabo as his Author writing of the Town of Cyrene that they there had a chief Ruler who heard all their causes and that did govern their common wealth no otheswise then as if he had been a Prince of a perfect Republick Hitherto likewise belongs those things which are read Acts 18. concerning Gallio the prefect of Corinth The same Author the 16. Book and 4. and 5. Chapter relates how Herod obtained from Agrippa unto the Jews that live through Asia that it should be lawfull for them afterwards to live according to the priviledges that were now already granted unto them by the Romans I therefore mention these thing because some object that Herod did kill the Synedrium and did bereave it of all power How could Herod take from them at Jerusalem the power of judging and decerning of things belonging unto their Religion according to the Law who indeavoured to preserve and procure the same to them that dwelt in Asia Moreover Christ did not teach under Herod or Archelaus but under Pilate Indeed the Jews made Pilate himself take his military Banners out of the Towne which he had caus'd secretly to be convoid in Least they should against the precepts of God suffer Images to be in their Town They keep this power to themselves to the destruction of the Town which is clearly understood by the Oration which Joseph had to the besieged The Romanes saith he in the 5 Book of his Jewish war do desire that tribute which our Ancestors were wont to pay to their fathers which if they obtain they neither will plunder the Town nor at all touch our holy things they grant to you your Families Children and possessions and suffer your holy Laws to remaine safe After the taking of the Town Titus himself speaks all most the same words to the Jews in the 6. Book of Josephus Therefore whither we consult the holy or Jewish History it doth most certainly appear that the Synedrium unto which Christ bid us complain had the power of the Sword or of putting to death but chiefly of those that should act any thing against their Religion But in politick matters and in cases of wrong where the Law had constitute nothing of certainity I do not doubt but that the Romans had taken to themselves either all or most part and usurpt
the Sword that is when the Magistrates were made Christians nevertheless this power remaines still in the Bishops Partly because it was believed to be a divine ordination and partly because they would hardly lay down this spirituall Sword for which they were feared by the greatest Princes For they easily perswaded others which they more easily and willingly believed themselves to wit that Christ was the Author of this business Superstition confirmed the opinion by ascribing safety to the Sacraments for it was written and believed that some men could not die before they had been made pertakers of the Sacraments Therefore either by reason of this errour men did very much fear Excommunication or from Excommunication this error did spring among the unlearneder People that life was put in receiving of the Sacraments and death in deniall of the same when they saw wicked men punished with the deniall of them as with the last and greatest punishment LXXI But as farre as we can know by conjecture it seemeth that at the beginning the Administrators thereof were those Elders of whom we read the 1 Cor. 6. who carried the place of Magistrates in the Church together with the Ministers Afterwards this whole power remaind to the Bishops who did cognosce in all causes compose all differences gave judgment and did Administer all such things As we clearly see out of Augustine complaining of those labours and the History of that time Ambrose indeed affirmeth that those Elders without which nothing used to be done in the Church had then place whenas yet they wanted Bishops But by the Apostle it appeareth that they ought to have been overseers of this Office so long as the Church was pressed with an ungodly Magistracy By which that likewise is understood that as under a godly Magistracy their Office ceased so likewise Excommunication should cease under the same Albeit they had exercised the same before in the mean time it must be noted that these Elders were in the place of the Magistrate and did meddle with civill matters and were not an Ecclesiastick Judicatory which at this day they distinguish from the politick for it is clearly said that they ought to meddle with debates and matters belonging to the sustentation and use of mans life LXXII The fruits that it brought forth in the Church would scarcely be explained in many Books truly they cannot be comprehended in a few Lines First They brought this to pass that men begun to ascribe safety to the Sacraments For thus they reasoned The deniall of the Sacraments bringeth destruction therefore the receiving of the same giveth life they could not doubt of that which is the Antecedent whilst they heard that those were afflicted with great punishments and believed were delivered to Satan unto whom the Sacraments were denied Hence it was believed that some could not die without receiving of the Supper as I said a little before those many and great and long satisfactions and Ceremonies did augment the errors and likewise chiefly that that they permitted the use of the Supper to men that were only a doing that they should not depart hence without food necessary for their souls Which if it did not happen they esteem'd him condemned to whom this befell as if God would not forgive them that were heartily penitent for their sins and give them life except those Elders judg them worthy of the Lords Supper what can be thought more horrid then this error then likewise it brought this to pass that every one almost believed it was in the power of a man to shut and open Heaven to whatsomever person he pleased So the Emperor Theodosius the yonger would not dine because he was Excommunicate by a Monke unto whom he denied something to him that he had demanded Albeit the Bishop of Constantinople told him such exclusion was invalid nevertheless he would not be quiet till at last he had absolved him who had bound him So the Elder was compeld by Ambrose for eight Moneths to abstaine from the Church and Preachings Indeed he had sinned but much lightlier then Ambrose which may be known by any man that is not void of judgment out of the History of Nicephorus and Chronicle of Mr. Philip Melancthon To conclude By this meanes it was brought to pass that the Bishop of Rome did bring the West under his obedience and compeld the Kings Princes Emperours to serve his lusts and by reason that some Emperours and Kings were Excommunicate some hundred thousands of men have been kild in the Germane Empire Moreover according to his own Arbitrement he changed uncorrupted Religion whilest for feare of this Thunder-bolt now durst hiss against his Laws and Statutes and truly he that will ponder the matter rightly shall find that that God of strength in Daniel signifieth nothing but Excommunication or a prohibition of holy things chiefly of the Lords Supper For this Excommunication truly was and at this day also is that God of strength whereby the Pope of Rome hath subjected unto himself all things and whereby now others also go about to subject likewise unto themselves the Empires of all men But I hope that this false God shall be known and shall hereafter less hurt the Church To conclude the whole matter It brought business to this pass that all men for the most part believed that these men who might judg it unworthy of eternall life were out of the favour of God and on the other part that all men whom it desired to be saved were altogether saved do we hope that men of our age will be better and more sober then the Ancients he is deceived that believeth it and neither hath he examined well the Scriptures neither hath he any experience in present affairs LXXIII I see not why the Christian Magistrate ought not to do the same at this time in the Jewish Common-wealth he was commanded by God to do Do we thinke that we can constitute a better form of Church and Common-wealth In the 4. Chapter of Deutronomy we read that for the judgment and statutes which God had given to the people of Israel that all Nations should admire and praise their wisdome and understanding but they wanted this Excommunication And the power of restraining unclean and criminall persons was in the Magistrate whose duty it was not only to punish these men according to the Law of God but likewise to constitute all the externall Religion for not Aaron but Moses did this God so commanding Which power afterwards we know was translated to Joshua and not to Eleazer for God commandeth Joshua not Eliazer that he should have a care that the Israelites the second time should be Circumcised neither commanded he to except any albeit many amongst them were most wicked and he commanded him likewise to celebrate the Passover so soone as they had passed Jordan neither do we read that he repulst any because they had not lived religiously and honestly enough At the command of