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A94294 A discourse of the right of the Church in a Christian state: by Herbert Thorndike. Thorndike, Herbert, 1598-1672. 1649 (1649) Wing T1045; Thomason E1232_1; ESTC R203741 232,634 531

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the Pharisee Luc. XVIII 12. that the Mundays and Thursdays were then and before then observed by the Jews as since they have been And as you see the like done in the Feast of Lots ordained in Esthers time and that of the Dedication in Judas Maccabcus his And in the same Prophet Zac. XII 12 13 14. you have a manifest allusion to the Jews ceremonies at their Funerals recorded by Maimont in the title of Mourners cap. IX clearly shewing that they were in force in that Prophets time As it is manifest that they began before the Law it self not only by that which we reade of the Funerals of Jacob in Genesis but chiefly because it required an expresse Law of God to derogate from it as to the Priests in the case of Aarons sons Levit. X. 6. XXI 1 10 11 12. Many more there are to be observed in the Old Testament if these were not enough to evidence that which cannot be denied that it appears indeed by Scripture that there were such Laws in force but that they were commanded by revelations from God is quite another thing Though men of learning sometimes make themselves ridiculous by mistaking as if all that is recorded in the Scriptures were commanded by God when all that comes from God is the record of them as true not the authority of them as divine The case is not much otherwise in the New Testament where it is manifest that many Constitutions Ordinances or Traditions as the Apostle sometimes calls them 1 Cor. XI 2. are recorded which no man can say that they obliged not the Church and yet this force of binding the Church comes not from the mention of them which we finde in severall places of Scripture For they must needs be in force before they could be mentioned as such in the Scriptures but from that Power which God had appointed to order and determine such things in his Church This difference indeed there is between the Old and New Testament that this being all written in the Apostles time can mention nothing of that nature but that which comming from the Apostles might come by immediate revelation from God Which of the Old cannot be said For though there were Prophets in all ages of it and those Prophets endowed with such trust that if they commanded to dispense with any of Gods own positive Laws they were to be obeyed as appears by Elias commanding to Sacrifice in Mount Carmell contrary to the Law of Levit. XVII 4. and this by virtue of the Law Deut. XVIII 18 19. because he that gave the Law by Moses might by another as well dispense with it yet it is manifestly certain that neverthelesse they had not the power of making those Constitutions which were to bind the people in the exercise of their Religion according to the Law For when the Law makes them subject to be judged by the Consistory whether true Prophets or not whereupon we see that they were many times persecuted and our Lord at last put to death by them that would not acknowledge them because they had not the grace to obey them as you saw afore it cannot be imagined that they were enabled to any such act of government as giving those Laws to the Synagogue Especially seeing by the Law of Deut. XVII 8-12 this power and this right is manifestly setled upon the Consistory For seeing that by the Law all questions arising about the Law are remitted to the place of Gods worship where the Consistory sate in all ages and the determination of a case doubtfull in Law to be obeyed under pain of death is manifestly a Law which all are obliged to live by of necessity therefore those who have power to determine what the written Law had not determined doe give Law to the people And this right our Lord himself who as a Prophet had right to reprove even the publick government where it was amisse establishes as ready to maintain them in it had they submitted to the Gospel when he says Mat. XXIII 2. The Scribes and Pharisees sit in Moses Chair all therefore that they teach you observe and doe The Scribes and Pharisees being either limbs and members or appendences of the Consistory who under pain of death were not to teach any thing to determine any thing that the Law had not determined contrary to that which the Consistory had first agreed Whereby it is manifest that all these Laws and Ordinances aforenamed and all others of like nature which all common sense must allow to have been more then the Scripture any where mentions are the productions of this Right and Power placed by God in the Consistory on purpose to avoid Schism and keep the body of the people in Unity by shewing them what to stand to when the Law had not determined So that this is nothing contrary to the Law of Deut. IV. 2. XII 32. which forbiddeth to adde to or take from Gods Law the Law remaining intire when it is supplied by the Power which it self appointeth And he that will see the truth of this with his eys let him look upon the Jews Constitutions compiled into the Body of their Talmud Which though they are now written and in our Saviours time were taught from hand to hand though by succession of time and change in the State of that People they cannot continue in all points the same as they were in our Saviours time yet it is manifest that the substance of them was then in force because whatsoever the Gospel mentions of them is found to agree with that which they have now in writing And are all manifestly the effect of the lawfull power of the Consistory Nor let any man object that they are the Doctrines of the Pharisees which they pretended that Moses received from God in Mount Sinai and delivered by word of mouth to his Successors and that the Sadduces were of another opinion who never acknowledged any such unwritten Law but tied themselves to the letter as doth at this day one part of the Jews which renounce the Talmud and rest in the letter of the Law who are therefore called Karaim that is Scripturaries For though all this be true yet neither Pharisees nor Sadduces then neither Talmudists nor Scripturaries now did or do make question of acknowledging such Laws and Constitutions as are necessary to determine that which grows questionable in the practice of the Law but are both in the wrong when as to gain credit to those Orders and Constitutions which both bodies respectively acknowledge the one will have them delivered by God to Moses the other will needs draw them by consequence out of the letter of the Scripture And so entitle them to God otherwise then he appointed which is only as the results and productions of that power which he ordained to end all matter of difference by limiting that which the Law had not The same reason necessarily takes place under the New Testament saving the difference
and professed Christianity they oppose the saying of the Apostle that it stands not with charity for the Church to injoin any thing which weak consciences may be offended at And that of our Lord that this would be will-worship and serving of God according to humane traditions which are all the arguments which those of the Congregations allege for their opinion so farre as I can learn It will be therefore worth the while to consider the cases which the Apostle decides upon that principle though I have done it in part already in my larger Discourse p. 309. for so long as the case is not understood in which the Apostle alleges it no marvell if it be brought to prove that which he never intended by it We know he resolves both the Romanes and the Corinthians by this sentence With the Corinthians the case was concerning the eating of things sacrificed to Idols which the Apostle manifestly distinguishes that it may be done two ways materially and formally materially when a man eats it as a creature of God giving him thanks for it which the Apostle therefore determines to be agreeable to Christianity 1 Cor. VIII 7. formally when a man eats it with conscience of the Idoll as a thing sacrificed to it as the Apostle expresses it that is with a religious respect to it which therefore he shews at large to be Idolatry 1 Cor. X. 7 14 Wherefore though things sacrificed to Idols be as free for Christians to eat as any men else yet in some cases and circumstances it so fell out that a Christian eating with a Gentile of their Sacrifices the remains whereof were the cheer which they feasted upon and their Feasts part of the Religion which they served their Idols with might be thought by a weak Christian to hold their Sacrificing as indifferent as their meat and he that thus thought be induced to eat them formally as things offered to Idols As eating them in the Temples of Idols or at a Feast made by a Gentile upon occasion of some Sacrifices 1 Cor. VIII 10. X. 27. In this case the Apostle determines that charity requires a Christian to forbear the use of his freedome when the use of it may occasion a weak Christian to fall into misprision of Idolatry But among the Romanes the case which S. Paul speaks to was between Christians converted from Jews and from Gentiles as appears by the particulars which he mentions to be scrupled at to wit days and meats kom XIV 2 5. and the offence likely thereby to come to passe this that Jewish Christians seeing the Heathenish eat things forbidden by the Law and perhaps among the rest things sacrificed to Idols forbidden not by the letter of the Law but by the interpretation and determination of it in force by the authority of the Synagogue or Consistory might imagine that Christians renounced the Law of God and by consequence the God of the Law and so out of zeal to the true God fall from Christianity and perish For this is manifestly the offence and stumbling which the Apostle speaks of Rom. XIV 13 15 20. as I have shewed out of Origen in the place afore quoted Here is then the sentence of the Apostle that when the use of those things wherein Christians are not limited by the Law of God becomes an occasion of falling into sin to those that understand not the reason of the freedome of Christians charity requires a Christian to forbear the use of this freedom From whence who so inferres that therefore no Ecclesiasticall Law can be of force when it meets with a weak conscience and therefore never because it may always meet with such will conclude the contrary of the Apostles meaning For when Christianity makes all things free to a Christian that are not limited by Gods Law it makes not the use of this freedome necessary to Christianity the Apostle saying expresly that the Kingdome of God is not meat and drink Rom. XIV 17. by consequence not the observing or not observing of days That is consists no more in not eating or not observing days then in eating in observing them So that as he that submits unto the Law of charity must forbear his freedome once and as often as the use of it ministreth offence so for the same reason must he always forbear the use of it whensoever the use of it comes to be restrained though not by Gods Law yet by the Law of the Church Because the greatest offence the greatest breach of charity is to call in question the Order established in the Church in the preservation whereof the Unity of the Church consisteth Whereunto thus much may be added that as the things that are determined by the Canons of the Church are not determined by Gods Law as to the species of the matter and subject of them yet as to the authority from whence the determination of them may proceed they may be said to be determined by Gods Law in as much as by Gods Law that authority is established by which those things are determinable which the good Order and Unity of the Church requires to be determined The evidence of which authority is as expresse in Gods Book as it can be in any Book inspired by God Those of the Congregations indeed betake themselves here to a Fort which they think cannot be approached when they say that what is written in the Scripture is revealed from above and therefore the Laws that are there recorded are no precedents to the Church to use the like right For it is manifest by the Scriptures of the Old Testament that there were many Laws Ordinances Constitutions or what you please to call them in force at that time which no Scripture can shew to have been commanded by revelation from God as the Law of God Daniel forbore the Kings meat because a portion of it was sacrificed to their Idols dedicating the whole to the honour of the same That is he forbore to eate things sacrificed to Idols materially Therefore that Order which we see was afterwards in force among the Jews was then in use and practice Not by the written Law of God therefore by the determination of those whom the Law gave Power to determine such matters The Prophet Joel reckons up many circumstances and ceremonies of the Jews publick Fasts and Humiliations Joel II. 15 16 17. which are so farre from being commanded by the law that the Jews Doctors confesse there is no further Order for any Fasts in the Law then that which they draw by a consequence far enough fetched out of Num. X. 9. where Order is given for making the Trumpets which they say and the Prophet supposes that their Fasts were proclaimed with Maimoni Tit. Taanith cap. I. In another Prophet Zac. VII 3. VIII 19. it appears that there were set Fasts which they were bound to solemnize every year on the fourth fifth seventh and tenth moneths As also it appears by the words of