Diotrephes Catechized

Sixteen Important Questions touching the Ecclesiastical Jurisdiction and Censures, Contradistinct to Civil, now challenged by a Divine Right.

T He serious consideration of the importunate Claimes of a new kind of Ecclesiastical Jurisdiction, by a pretended Divine Right, by those very men who of late so eagerly declaymed against the Old, as Antichristian and Papal, when challenged by our Prelates upon the self-same grounds and Title, hath induced me to propound these few Important Questions to the over- •… asger prosecutors of this supposed Divine Authority, at leastwise to moderate, if not extomgio •… those unseasonable deplorable late kindled flames of Contention, which if not timely prevented may prove more fatal to our Churches Kingdoms, then all the former Dissensions, and break forth into a new Civil War, between ourselves, when we have totally vanquished the Common Enemy. The Prelates deserting of their undoubted Jus hum inum, and unadvised challenge of a Ius Divinum to advance, perpetuate their Jurisdictions, and sweating men to this their Title by a new, &c. Oath, was the immediate forerunner, yea principal means of the utter subversion both of their Hierarchy and Authority. And we have cause to fear that some over-ridged Presbyterians in considerate zeal, in waving the Presbyterial Authority vested in them by an unquestionable Ordinance of Parliament (to their full contents as most men deemed;) and resorting to a more dubious disputable (pretended) Ius Divinum (formerly laid aside by both houses of Parliament and the Assembly, though now resumed, revived,) the more highly to advance and firmly settle it in ou •… Churches, may produce the like contrary unexpected effects: and either revive the old exploded Luciferian Episcopacy, or introduce that more feared Anarchicall Hydra or Bable of Independenc y, which they most endeavor to suppress; or at leastwise revolve the censorius or corrective power of all scandalous sins and sinners into the Civil Magistrates hands, the far safest of the three: on whose be •… e, I shall with the spirit of Peace and Meekness propose these following Queries, both to my Presbyterian and Independent Brethren; desiring their acquiescens in or serious answers to them after sound deliberation, laying aside all private Interests and designs, whatsoever, which may misguide their Judgments) for the sifting out of that one Golden medium of sacred Truth, which can only reconcile and •… ordially re-unite us in the Bonds of Love.

1. Whether all scandalous Sins and Offences now pretended by Presbyteri •… s or 〈◊〉 to be of Eccle •… sticall cognizance, be not by God's own Institution and Command [as well before, as undet the Law, and through out the Old Testament, ] inquirable, examinable, and to be determined, In ged only by the temporal Magistrates, or Civil powers, and punished only with temporal or corporal punishments, not by any Ecclesiastical Persons, Officers, or Church-Censures only, distinct from civil; since, we read, that the several scandalous sins of Idolatry, Cursing, Blaspheming, Sabbath-breaking, Disobedience to Parents natural or civil, Whoredom, Adultery Incest, Rape, Sodomy, Buggery, Murder, Witchcraft, Sorcery, with sundry other sins, were by God's own precept, to be inquired after, censured, punished by the Temporal Majestra'e, civil Congregation, powers People and only, with civil punishments alone, as putting or stoning to death, burning, [ ] hanging fines, stripes and the like, but never enjoined to be examined, censured by Ecclesiastical Persons, Officers or to be punished by them with Church-censures, as Excommunication, Suspention from the Passover, Circumcision, Sacrifices, Festivalls, or any public Ordinances then in use, or exclusion from the Temple or Synagogues, as the marginal texts demonstrate. And more especially Ezra. 7. 25. 26. where King Artaxerxes sending Ezra the Priest (descended linially from the High-Priests before him, as is evident by v. 1. to 6) up to Jerusalem, with a special Commission to repair the City, Temple, restore the service of God therein, and settle the Government of that place according to the Law of God, gives him this command: And thou Ezra, after the wisdom of thy God, that is in thine hand, set Magistrates and Judges that may judge ALL THE PEOPLE that are beyond the River, all such as know the LA •… OF THY GOD, and teach ye them that know them not: AND WHOSOEVER WILL NOT DO THE LAW OF THY GOD, and the Law of the King; let Judgment be executed speedily against him, (not by Ezra the Priest, or any Ecclesiastical Consistory or Presbytery of Priests, with mere Ecclesiastical Censures of Excommunication or suspension from the Temple, or public Ordinances of God, no such Church-Officers punishments being then known, or instituted by God's Law; but by the Magistrates and Judges appointed, who were to punish them only with temporal Censures as the following words thus resolve) Whether it be unto DEATH, or to BANISHMENT, or to CONFISCATION OF GOODS or to IMPRISONMENT: the only punishments, censures then inflicted on Delinquents against God's Law, as well as against the Kings: Yea had there been any other Censures Ecclefiasticall distinct from these temporal, which ought by any Divine Right or institution to have been then inflicted upon notorious scandalous offenders against God's Law, by the high Priest, or any other Church Officers or Judicatory, no doubt this devcut King upon this occasion would have expressly commanded Ezra the Priest himself, or those Church-Officers or Judicatories to have duly executed the same, when he gave him this large Commission, and extended so much extraordinary favor to him, that he cries out in the very next ensuing words. v. 27. Blessed be the Lord God of our Fathers, who hath put such a thing as this into the Kings heart, &c. Which as it expressly determines, that this Commission, and forecited direction was inspired into the Kings heart by God himself, and so most consonant to his written word and Law: so it insinuates, that by the Law of God in those days, all scandalous Offenders against God's Law were to be punished only by the civil Magistrates and Judges with civil punishments, not by any Ecclesiastical Officers, or Judicatory, with any Church-censures whatsoever. This may be further evidenced by the Priests, Prophets, Peoples, and Princes proceedings against Jeremiah, & Uriah, who for preaching and prophesying falsely, (as was supposed) were punished by the King, and Princes, upon the Priests, Prophets, & people's malicious accusation only by Imprisonment & Death alone, not by Church-cen • res, Church Iudicatories: Yea Deuter. 13. 5. False Prophets are expressly enjoined to be put to death by the Civil Majest ••• s, not punished by the Ecclesiastical powers with excommunications or suspentions. And it is most clear and undeniable by the 1 King 22. 26. 27. 2 Chron. 16. 10. c: 18. 25. 26. Math. 14. 3. 4. 5. Luk. 22. 23. Acts 5. 18. 19. c. 8. 3. c. 12. 2. 3. 4. c. 16. 23. 24. c. 22 19. 20 to 30. c. 24 & 25, & 26 2 Cor. 6, 5, Hebr. 11, 36, 37. That both in the old and New Testament False Prophets, Teachers and broachers of Erronious Doctrines; (or such who were so reputed though true) yea the Apostls & Saints of Christ, for preaching, professing the Gospel and truth of God, amongst the Jews and others who reputed it Heresy, Schism, or false Doctrine, contrary to what they had formerly received, were usually convented before the civil Magistrates, and punished with imprisonment, stripes, putting or stoning to death, and the like, but not with Excommunication, or any Ecclesiastical Censures of divine institution though now made matters of mere Ecclesiastical Cognisance. And if so; whether the Temporal Christian Magistrates and civil Powers, as such, have not now the selfsame divine Authority to punish such sins and sinners under the Gospel, only with temporal punishments, without the interposition, Examination or Censures of any Church-Officers or Presbyteries, as the Godly temporal Magistrates & Civil powers had then under the Law? If not, how the contrary can be evidenced by clear Scriptures, and by what texts in particular?

2. Whether the texts of Deut. 17. 8. to 14. & 2. Chron. 19. 8. to the end, do warrant any Ecclesiastical Jurisdiction, Congregational or Classical in Causes merely Ecclesiastical, or any mere Church censures, distinct from the Civil Majestracy, and temporal Censures, as some now pretend? Whether the genuine scope and sense of these texts, hold forth anymore or other jurisdiction and power in the Priests, Levites, or High Priest himself, then this: That they jointly with the temporal Judges, and chief of the Fathers of Israel [not alone by themselves] should resolve (not ordinary plain, or undisputable, but only] all such doubtful, civil cases, or controversies which the ordinary Judges or Majestrats in their Cities held dubious, or too hard for them to determine aright, between [not scandal and scandal, • or who should be excommunicated, suspended from the Ordinances as scandalous, ignorant or unfit, and who not] but, between blood and blood, plea and plea, stroke and stroke, ( being matters of civil controversy) in their gates; and between Law and Commandment, Statutes and Iudgments, [to wit the Judicial written Law of God] upon whose exposition any civil doubts, or controversies should arise which the people themselves could not resolve,] whose superior resolutions they should submit to, and proceed accordingly to execution; and he that would presumptuously disobey and not submit to their sentence, was not to be excommunicated or suspended, but put to death; (a mere civil censure) to terrify others. And if this only be the full sense and meaning of these texts, whether any episcopal, Presbyterial, classical or congregational Jurisdiction to correct scandals with mere Ecclesiastical censures can be deduced from them? Whether that speech of Jehoshaphat 2. Chron. 19. 11. And behold Amariah the Chief Priest is over you in all matters of the Lord (not scandalous sins and Ecclesiastical Offences committed by the Priests or people, no matters of the Lord, but sins of men, detested by the Lord;] imply or necessarily enforce, that he had any Ecclesiastical Jurisdiction in point of judicature, to censure, punish all or any sort of scandalous sinners with Church censures [of which there is not one syllable in the text] vested in him by any divine Authority? And if so, whether it makes not more for Papal and Archiepiscopall, then Presbyterial, Classical, or Congregational Authority? this power or superintendent Jurisdiction over all matters of the Lord, being vested in this High Priest alone, and no other. Or rather, whether it be not clearly meant, that as King Josiah himself did by his own Regal Authority appoint Judges in the Land and in Jerusalem, in the preceeding 5. 6. 7. 8. 9. & 10. verses, to determine all controversies & punish all Offences whatsoever, according to the Laws of God and that Kingdom; so he did by the selfsame regal Authority appoint Amariah, then chief Priest, over the Priests & Levites only, [implied in the word You, not over the people of the Land] in all matters of the Lord, that is to Order, direct the Priests and Levites under him in their several courses, and all matters whatsoever concerning the worship, service Oblations, and sacrifices of the Lord, to be performed by them in the Temple at Jerusalem: in the selfsame manner, as he set Zebadiah the Ruler of the House of Judah, over all the Kings matters; in the very next ensuing words? That is, (as all consent,) not over the people and Kingdom for to judge and govern them for that the Judges forementioned were to do: but over his househould, Lands, Revenews as his Lord Treasurer, or Lord High Steward of the Revenewes of the Crown, as the comparing of it with •• Chron. 26. 30. 33. ( And of the Hibronises, Hashabiah and his Brethren, men of valor a thousand and seven hundred were Officers among them of Israel on this side Jordan westward IN ALL BVSINESSES OF THE LORD, & in the service of the King, &c. And his Brethren, men of Vallour were two thousand seven hundred chief Fathers, whom King David Made Rulers over the Rubenites, Gadites, and the half Tribe of Manasseh, for EVERY MATTER PERTAINING VNTO GOD and Officers of the King; jointly: (therefore Church Officers made only by the King, and alterable at his pleasure, not by any Divine institution of God himself;) and the paralelling it with these explanatory texts, 1 Chron. 9. 10. to 35. c. 23. & 24. & 25. & 26. 2 Chron. 5. 7. to 14. c. 8. 14. 15. c. 13. 9. 10. 11. 12. c. 26. 16. to 21. c. 29. 3. to 35. c. 30. 16. c. 31. 2. 3. 11. to 20. c. 35. 2. 12. Ezra. 6. 17. 18. Neh. 12. 40. to 47. compared with Heb. 5. 1. 2. For every high Priest taken from among men, is ordained for men IN THINGS PERTAINING To GOD, that he may offer both gifts and sacrifices for sins, &c. insallibly demonstrate? And if so, then what Divine warrant is there from hence for any such Ecclesiastical Jurisdiction distinct from the Temporal as many now contend for, from these two noted Texts? or for any Priests, Ministers of the Gospel, or Church Officers distinct from the temporal Majestracy, to examine, correct any scandalous Ostences by a mere Ecclesiastical power, or to punish them with Church Censures, disterent from civil punishments?

3. Whether the Priests Jurisdiction to judge of all causes of Leprosy (no scandalous sin nor offense, but a mere natural infirmity,) and that only among the Jews, yea as well in Houses, Garments, Vessells, [no subjects of Ecclesiastical censures] as Persons: or their proceedings in the case of Jelousie, by virtue of express special Levitical or Judicial Laws (the only cases wherein the Priests were appointed to be as Judges in the Old Testament, whose proper Office was, to offer sacrifices and make atonement for sins, not to censure or punish them; ] be any infallible proof of the Aaronicall Priests or Presbyteries Ecclesiastical Judicature or Jurisdiction to censure all spiritual Leprosies of the soul with Church censures? Or of the Ecclesiastical jurisdiction of Presbyteries or Independent Congregations to judge or censure all causes of spiritual Leprosy, or scandalous offenses under the Gospel? And whither we may not as soundly argue from the Writ, De Leproso amovendo; and the Statute of 1 Iac. chap. 31. as they from these Texts; Majors, Bailiffs of Towns, Justices of Peace, Constables and other Officers may lawfully remove Lepers, and shut up persons infected with the Plague of Pestilence, Ergo, they may excommunicate and suspend from the Sacrament all such as are scandalously or notoriously infected with the Leprosy and plague of sin?

4. Whither, Deut. 13. 12, 13, 14, Josh. 22. 10. to 34. Judge. 20. 1. to 18. 2 Chron. 19. 9. to 11. Ezra 10. 16, 17. [where we read of temporal Officers, Princes sent and employed Commissioners, as well as Priests, to inquire after Idolaters, Idolatry, rapes, marriages with heathenish Wives, and other Ecclesiastical crimes] compared together, he not a stronger Scripture evidence for proof of the Parliaments, and Lay. Commissioners Authority, to inquire after, yea punish Idolaters and scandalous sinners; then any texts that can be produced by the Presbyterians or Independents out of the Old Testament for probat of a divine right, either in their Classes, Presbyteries or Independent Congregations to censure scandalous sins and sinners with Ecclesiastical censures? And whither the Statutes of 26. Hen. 8. cap. 1. 31. Hen. 8. c. 10. [appointing a Lay Vicegerent in all Ecclesiastical matters ] 37 H. 8. c. 17. 1 E. 6. c. 2. 1. Eliz. c. 1. do not justify such Commissioners to be legal as well as these texts, warrant them to be in some sort divine?

5ly. Whether there be any precept or president in all the Old Testament directly or punctually determining, that there was by divine institution an unquestionable Ecclesiastical jurisdiction vested by God Himself in Priests, Levites, or any Jewish Officers, to examine witnesses upon Oath, convent or censure any scandalous sinners by excommunication, or suspension of them from the Tabernacle, Temple, public Assemblies, Synagougs, Sacrifices, solemn public Festivalls, or other sacred Ordinances for any scandalous fin whatsoever? If so, then what are these precepts, presidents, and scandalous sins in particular? And whether it be probable they had any direct authority given them by God •… imselfe, to suspend or put back any from the Sacraments of Circumcision, or the Passover (which Baptism and the Lord's Supper now succeed) since both of them originally were ordered to be performed in private, by the Parents or Masters of the Family, not Priests or Levites; and executed or eaten by them in their several private houses, where the Priests and Levites had no Ecclesiastical jurisdiction that we read of, and were not present at these sacred actions unless only at some few solemn general Passovers at Jerusalem, where they were but Ministerial, to help kill the Passover, and sprinkle the blood, not Magisterial, to keep any back from eating thereof, by any pretext of Ecclesiastical Authority?

6ly. Whether Ministers or Presbyteries under the Gospel, have any other or greater Ecclesiastical jurisdiction then the Jewish High Priest, Priests, and Levites had under the Law? And whither Christian Kings, Magistrates have not as large an Ecclesiastical power and Authority under the Gospel, as any godly Kings or Magistrates exercised under the Law? If you answer Negatively to the first, and affirmatively to the latter of these demands; then how can that Ecclesiastical jurisdiction of Presbyteries or Congregations, and their power of Church-censures, distinct from the civil Magistracy, be any way justified or maintained by the Scripture? If affirmatively in the first, and Negatively in the latter, then show us direct Scripture Authorities to convince our judgments of what you thus assert, or else give over your pretence of Ius divinum? It is confessed both by the Presbyterians, or Independents, and clear by sundry express texts, that Christian Magistrates are Jure divin •… , and have an undoubted divine Authority, yea command to punish and cut off all scandalous sinners, Psal. 100 5, 7, 8. Rom. 13. 1. to 8. Pro. 20. 26. Whether Presbyteries, or Independent Congregations, have any divine Ecclesiastical right to punish them with Church censures, is very disputable and denied by many. Therefore it is the safest, readiest way to Unity and Reformation, to remit the punishment of all scandalous offenses to the civil Magistrate, rather than to the pretended disputable questioned a •… hority of Presbyteries, Classes, or Indedependent Congregations.

7ly, whether there be any express texts in all the New Testament, and what in particular, which infallibly evince an Ecclesiastical jurisdiction by divine right to be settled by Christ in all Christian Ministers. Presbyteries, or Congregations, & in which of them in particular, to continue unalterably in all Churches of Christ to the end of the world, for the excommunication or suspension of all kinds of scandalous persons from the Sacrament, though they externally pretend and profess their sincere repentance in general? Or any certain rules prescribed them in the Gospel, and in what particular Texts fo •… the due execution of this jurisdiction in all cases or scandals that may happen? If not, whether it can probably be imagined that Christ in his wisdom would erect, institute and vest an Ecclesiastical Government in Church officers, without prescribing them any certain rules whereby to manage it in all particulars, and leave them to proceed in an arbitrary way, according to their me •… pleasure •… con rary to Mat. 28 19. 20. If yea, then produce these texts to us for our satisfaction.

8ly. What rules or presidents are there in Scripture to re ieve parties grieved by unjust. Ecclesiastical censures either by appeals or other ways and to what superior Tribunals? If no such rules or presidents appea •… e therein; (admitting Presbyteries, or Congregations Ecclesiastical jurisdictions, censures to be Jure divino ] then 〈◊〉 by Go •… s own Law which pro •… ides them no re •… iefe, the parties injured must not remain remediles when most injuriously sentenced by any private Presbytery, Classis, congregation without any help or benefit of Appeale to Provincial, National Synods, Parliaments, or the Civil Magistràte? And if so: whether this will not introduce as many absolute tyrannies, and arbitrary Tribunals, (against which we have so much contested of late) as there are Presbyteries, or Congregations: especially if we grant them a general power of all things they themselves shall judge to be scandals, without confining them to particulars, or establish their jurisdictions by a divine right, which no mere human power or i •… stitution can control?

Ninthly, whither if Christ hath instituted or left any exact Ecclesiastical jurisdiction, discipline or power of censures to his Church distinct from the civil Magistracy and censures, this pretended jurisdiction, discipline or power be so absolute and sufficient of itself alone, as to be fully able to correct, redress, reform all abuses, scandals, corruptions, and suppress all Heresies, Schisms, Errors, Vices, arising in every Church? If •… ot, then we may justly suspect, it is no real jurisdiction nor discipline instituted by Christ, who would institute and bequeath no incompleate, nor imperfect jurisdiction, judicatory, or discipline to his best-Beloved Spouse the Church: If yea, whither is that jurisdiction now contended for by Presoyterians or Independents, such? If so, then it is complete, and every way selfesufficient without the concurrence or assistance of the Christian Magistrate or any temporal authority to assist, maintain it, or supply its defects: But this none can truly assert nor affirm.

For First, no Pres •… ytery, Classis, or Independent Congregation hath yet challenged, nor can claim by divine right, any coercive power by way of attachment, imprisonment, or fine, to bring any party or witness summoned so much as to appear before them, in case of willful neglect or refusal to appear, or be examined, to prepare any cause •… or sentence.

Secondly, In case any Ecclesiastical Censure of Excommunication or Suspention be inflicted by them upon scandalous persons after full hearing, if they absolutely contemn the same or refuse to conform themselves, or by open violence intrude into the Congregation, Church or force the Minister to give the Sacrament to them though excommunicated or suspended.

Thirdly, In case any Heretic, Schismatic, or profane person shall wilsu'lie separate from our Congregations, (as thousands now do) refufing to communicate with us in any Ordinances, proclaiming us to be no Churches, and pass a schismatical sentence of Non-Communion with us, by reason of some unjust exceptions or pretences against our Orthodox Doctrine, di •… cipline, or form of Government; and thereupon refuse to appear before our Presbyteries, Congregations, or to submit unto their jurisdictions or censures; in all these and such like cases, the pretended divine Ecclesiastical power, censures of Presbyteries, Classes, or Independent Congregations are at a Nonplus, & so defective, invalid of themselves 〈◊〉 enforce obedience to such contumatious, or reduce, reclaim such here •… icall, schismatical, or profane persons from their obstinacy, Heresies, Schisms and neglect of public Ordinances, that they are enforced to pray in aid from the Civil Magistrate by Capias excommunicatums, imprisonments, fines, or other such civil compulsory means (the only effectual course by way of censure used in all ages to suppress, reform Heresies, Schisms, and the only way to suppress, redress them now) without which all their Ecclesiastical censures, are both contemptible, ineffectual, and altogether insufficient to reform abuses: So that if the Magistrates be Infidels, Heretics, or Schismatics, who will not; or profane, negligent, timorous or licentious persons, who care not or dare not to assist the Presoyteries, Classes, or Congregations, in forcing submission to their Church processes, censures, they are so defective and ineffectual of themselves, that none can justly call, or infallibly prove them to be the Kingdom, Scepter, Government, descip •… ine and censures of Christ, whereby his Church must only be governed, purged, reformed, as some now pretend them to be.

10ly. Whither Matth. 18. 15. 16, 17. (if meant of Christian Presbyteries or Church-officers, as is pretended, not of the civil Magistracy or Jewish Sanhedrim;) gives any authority to them to proceed ex officio against notorious scandalous sins [as Idolatry, Blasphemy, swearing, drunkenness, &c. ) since it speaks not of any public scandalous offenses against God and the Church, but only of private personal trespasses between man and man, to be proceeded against only upon the voluntary complaint of the party offended, after previous private admonitions, and then reproofs before witnesses, yea, of such offenses, which upon private satisfaction we are to forgive 77. times, without any public complaint, or censure, Luke 17. 3. 4. Therefore not meant of mere public scandals, which no private man can remit, nor no Church or Presbyterie will grant that they ought to be 77. times remitted one after another, without the least suspension or excommunication, upon mere external shows of Repentance: And whether, thou hast gained thy brother, in this Text, be meant properly of gaining him to God by true Repentance, or only unto him who gains him, by way of reconciliation, and renewing friendship, as the phrase it self, compared with Prov. 18. 19. intimates.

11ly. Whether, Acts 15. 1. to 36. where a Synod of Apostles, Elders, and Brethren met together at Jerusalem, to debate and resolve a dubious point of doctrine only about circumcision, without exercising any act of discipline or Ecclesiastical censure on any seandalous per •… son, be a sound divine Authority, to evidence to any man's conscience, the Divine Right of Presbyteries, Classes, or Independent Congregations, to inflict Ecclesiastical censures upon scandalous Delinquents, or to examine witnesses upon Oath against them, of which there is not one syllable in that Text?

12ly. Whether the precept of Paul, 1 Cor. 5. 13. for putting away from among them the incestuous person, written to this particular Church in this one case of Incest only, against which heinous scandalous sin, being then under Heathen Magistrates, they could not safely complain to them of it without great scandal, nor go to Law before them for ordinary just civil things without great offense, as appears by the very next words, 1 Cor. 6. 1. to 9. when as by the Law of God, had the Magistrates there been Jews or Christians, this sin of Incest was to be punished by them, not with excommunication or suspension from the Church, but death it self, Leviticus 18. 8. c. 20. 11. 12. Be any satisfactory or infallible argument for the continuance and exercise of Excommunication, or Suspention from the Sacrament in all Churches of Christ in all succeeding ages in all other cases of sin or scandal, though the Magistrates in them be Christian, and may, yea ought to punish those sins with death or other temporal censures, if complained of? Whether those that press this text, may not as well conclude from the very next words 1 Cor. 6. 1. to 9. that it is unlawful for Christians to go to Law before any Christian Judges now, and that they must sue only before Presbiteries or Congregations for mere temporal matters, because Paul then commanded the Corinthians, not to go to Law before heathen Judges to prevent scandal, but only in the Church before the Saints, or such Judges as the Church should appoint them? As infer, that all Scandalous persons must be excommunicated and suspended from the Sacrament by Classes Presbyteryes, and censured only by them now, not by the Christian Majestrate, because the incestuous Corinthian was then Ordered to be put away and pun •… hed by the Church and Saints of Corinth, for want of a Christian Majestrate to punish him with death, or corporal censures? Yea whether they may not as Logically and Theologically argue from the very next chapter. 1 Cor. 7. 27. where Paul writes thus: I suppose therefore that this is good for the present distress ( or necessity) for a man not to touch a Woman, or marry; Ergo, it is lawful, yea necessary for Christian men or Women in all ages, Churches of Christ to vow perpetual Virginity, and not to mary at all, as the Papists thence infer in defense of their Monks, Nons, and u •… married Clergy. As reason from this text, That Paul in regard of the Corinthians present distress and necessity for want of Christian Magistrates to punish this incestuous, person with death and civil Censures adviseth the Church of Corinth, To put away from AMONG THEMSELVES that wicked person; [or thing as some read it:] Ergo all Ministers Presbyteries, and particular congregations of Christ have a divine inherent Ecclesiastical right and power in them to punish not only incestuous persons, but all other scandalous sinners with Excommunication, suspension from the Sacrament, & other Church-censures, even when & where there is no such necessity nor defect of Christian Magistrates, but sufficient s •… ore of them both able and willing to punish such with civil punishments answerable to their crimes and scandals? This is all that can be extracted from this text, whereon they most realy; Which must needs be a gross inconsequent, because no Apostolical advice to any one particular Church upon a private extraordinary occasion and necessity only, can or ought to be a general binding Law or Institution of Christ to oblige all other. Churches whatsoever in the like, or any other cases, where there is no such extraordinary occasion or necessity; As is clear by one pregnant evidence in the 16. chap. of this very Epistle, c. 1. 2. concerning the Collection then advised to be made for the Saints, by the Corinthians every first day of the week, or weekly; which being but a particular advice and direction to this Church for tha •… one Collection; is no binding Law or Rule to all other Churches of Christ strictly to imitate in all their ensuing Collections, as is evident by Acts 13. 28, 29, 30. 2 Cor. 8. 1. to 21. c. 9. 1. to 15. R •… m. 13. 25 26. Phil. 4. 14. to 20. Else no Church could since appoint any public monthly Collections on week days, but only weekly Collections on the Lord's-Day, under pain of transgressing the institustitution of Christ and this Apostle; which none dare aver: However, since the Apostle writes not here to any Classis, Presbytery, or Presbyt •… r, but to the whole Church at Corinth; TO PUT AWAY FROM AMONG THEMSELVES, that wicked person: [that is, to seclude him wholly from their Congregation, Church, company, and not so much as to eat with him at their Tables or keep any company with him at all, as is evident by ver. 7. 9. 11.) not to suspend him only from the Lord's Supper of which there is not one syllable in this Chap. nor of any such suspension in the 10. & 11 chap. where he purposely treats of this Sacrament; we may very well question, whether it makes not more against Presbyteries and Classes divine power of Excommunication, and a bare suspension, of scandalous persons from the Lord's Supper only, without secluding them from all other Ordinances and Church Assemblies as well as it, then for them; it being contrary to the very difinition & practice of excommunication hitherto known and used in the Church, to Excommunicate a notorious scandalous person from the Lord supper only once a Moneth, a quarter, a year, for fear of infecting others, and yet to admit him daily or weekly to joy ne with the Church in all other Ordinances but it alone: when all [ a] Schoolmen Canonists resolve, t •… at excommunication [especially that they call Major Excommunication ] excludes men, not only from the Sacrament, but likewise from entering into the Church, the society of men, prayers of the faithful; and those who wittingly keep company, buy or sell with such, are to be ipso facto excommunicated. Whereas many now pretend it should seclude men from the Lord's Supper only, but not from any other Ordinance, contrary to thi •… , to [ ] other Texts and all sound Antiquity.

13ly. Whether there be any ground or example at all in Scripture to enjoin the Civil Christian Majestrate, in cases of obstinacy, contumacy against Church censures, inflicted by Presbyteries or Congregations to become a mere servant and executioner to Pre, byteries, Congregations or Church-Officers, (as the Pope and Prelates anciently made them.) to enforce obedience to their censures by imprisonment or other coercive means, without any particular examination of the merits of the cause, or justice of the proceedings? Whether such Ministerial executions of their censures, if admitted, do not necessarily subject the people to a double jurisdiction, vexation, for one & the selfsame scandalous crime, which may prove more intollerably oppressive to them then the most exo •… bitant country Committees, or Prelates consistories, if not exactly bounded & subordinate the Majestracy to the Ministry, Presbytery and particular Congregations, in point of Authority? which if obliged by any divine Law to see Church censures executed and enforce obedience to them then certainly Christian Magistrates as such, must either be Church Offic •… rs as well as Ministers, or Lay-Elders; the rather because all Precepts given to Magistrates themselves in Scripture, are given only to such ] Godly or Christian Magistrates who believe, embrace the Scriptures, and are Members of a visible Church or Christian state, as such; not to any infidels or Heathen Magistrates, as heathenish, or mere Magistrates out of the Church (as some grossly mistake,) else they were not obliged by God's Law to see Church cen. sures executed, obeyed, submitted too, if no Church officers.

14ly. Whether it be not more agreeable to the word of God, the Rules of Justice and more conducing to the Churches Peace for the Civil M •… jestrate juditially to examine, punish, all pretended scandalous persons with temporal cen •… ures and then if they still continue impenitent to certify the proofs taken before him to the 〈◊〉 , 〈◊〉 or Congregation, upon their request, •… or their conviction t •… ere to ground an •… xcommunication or suspension upon, if there b •… e cause: then to •… ive them immediatpower to examine all scandals themselves upon Oath, without first acquainting the Civil Majest •… ate with it, or desiring his 〈◊〉 examination of the scandals, of purpose to subject them to Church censures? Since we read of no such Examinations upon Oath practiced by Presbyteries, Church-Officers, or particular Congregations among the Jews or Christians in Scripture: which if taken in writing and recorded (as they ought to be, that so they may be produced, scanned upon Appeales) there must then be a particular examiner, or Register at least appointed in every Presbyterie, Classis, and Provincial Synod to record them; for which they will expect a constant Fee from the Church or State, or an answerable recompense from the parties accusing or accused; which cannot be settled without Act or Ordinauce of Parliament (being new Fees and Offices) and so it will draw a very great unnecessary charge (far greater then that of Bishops and their Officials) upon the people, which they will very unwillingly bear. In which regard it is fitest the civil Magistrates or Justices of Peace should only take the Examinations, of scandals as they do in cases of Felony and other crimes, and certify them to the Presbyteries, or Classis, as there shall be need.

15ly. Whether it be not both unjust and unreasonable to press the Parliament to settle any kind of Church-government as prescribed Iure divino, before it be clearly demonstrated or manifested to their Judgments consciences to be so, by perspicuous undeniable proofs from Scripture? Or to importune them to grant any unlimited arbitrary power to Classes, Presbiteries, or Congregations, to judge of unknown contingent scandals, (never yet thus censured from Adams or Christ's days til now] before they can so much as conjecture what they are, or where ever they will be perpetrated in our Churches? since offenses always use to precede Laws made to punish them; and, ex malis moribus optimae oriuntur leges, as all Politicians have resolved? Whether the demanding of such an unlimited power to be now established, be not as bad yea more unreasonable then the late Prelates, &c. Oath (most justly damned declaimed against,) and savors not more of wilfullnes then Conscience, of the spirit of Diotrephes, then of Christ, of whose Kingdom some pretend it to be a most necessary and inseparable Branch? And whether any Prophet, Apostle, Godly Presbyter, private Congregation or Classis, in the primitive Church, ever solicited their Princes or Parliaments for such an exorbitant unlimited power?

16. Whether Christian Princes and Magistrates indulging of over-much power, Honor, and Ecclesiastical Authority in point of Jurisdiction, Church Censures, and Excommunication in former ages to the Clergy, under this apprehention, persuasion, that they were most pious, conscientious, holy, moderate, just and humble persons who would exercise it for God's Glory only, and the Churches good; hath not been the true Original cause of all that Antichristian Tyranny, Persecution, exorbitances, of Popish Prelates, and Clergymen, which have over-spread, corrupted, infested the Church and people of God? And whether former examples of this kind may not justly lesson us to beware of the like Error for the present; though our Ministers who claim this Ecclesiastical Jurisdiction now contested for by a Divine Right be never so Godly, upright, discreet, humble, conscientious, since we know not what many of our Ministers, Elders, who must exercise it in the Country are for the present; or what the best of them all or their successors at least may prove for the future, ( ambition being man's first sin and most pleasing to our corrupt Natures; as we see by the example of Christ's own Apostles, and daily experiences everywhere) especially when they have engrossed more Ecclesiastical power into their hands by pretext of a Divine Right, then ever the express Law of God, or Christ Himself in his Gospel hath delegated to them. It is very observable, that while the ( o ) Popes claimed their Papacy and Superiority over other Churches by grants and donations from the Christian Emperors of Rome, they were very humble, loyal, and obsequious to them. But after the long enjoyment of their transcendent jurisdiction by imperial donations had so far puffed them up with pride, as by degrees to desert their true ancient claim, and challenge both their Papacy and Supremacy by a divine Right from Christ Himself, by wresting divers Scriptures to their purpose, (and some of those among others which our Divines now principally insist upon,) they presently cast off both their subjection & Loyalty to the Emperors at once; & so prosecuted them with Excommunications, Interdicts suspentions, rebellions, force of Arms, and parties raised against them in their own Empires; that at last they quite trampled them under their feet, disposing of their Crowns at pleasure, making them swear solemn homage to them as their Vassalls, and to hold their Imperial Crowns from them alone, who formetly did homage to, and held their Bishoprics, with all the Papal Jurisdiction they enjoyed only from them: Yea if our Presbyteries, Classes or Independent Congregations shall be admitted to hold and enjoy all the Ecclesiastical Jurisdiction they now pretend to, by a Divine Right; and the Parliament their power, authority, only by a meet human Institution, and not by as clear a Divine Right as theirs; the next consequence I fear will be (and we see it already maintained in some Presbyterians, and more Independents printed Books;) That our Parliaments, Kings, and temporal Magistrates must have nothing at all to do with Church Officers or Church Government by way of direction, correction, or appeal, but merely as their subordinate Ministers, to ratify their determinations, and enforce obedience to their censures; which if they neglect or refuse to do, or stop their proceedings by any Prohibitions, or legal course, for ought I know, when their Divine pretended Authority is settled to their minds, the next thing they shall hear of will be; that which our Kings, Judges, and Officers did heretofore from our Clergy in Archbishop Boniface his time, when they opposed their extravagances, even a serious admonition to obey their Dictates, and after that an Interdiction of all their Lands, Castles, Towns, with a suspension of them from the Sacrament, or excommunication from or Non-communion with their Congregations for this Contumacy: And then Lord have mercy upon us miserable sinners, we may sooner bewail then remove that spiritual Yoak of bondage which we thus suffer voluntarily to be imposed both on our own and others necks. It being a very difficult task and work of many ages to moderate, abate, regulate or suppress any Ecclesiastical jurisdiction, though never so exorbitant, especially if once legally settled, or but encroached by color of a Divine Right, as we see by the Papacy, and our late exploded Prelacy.

I shall therefore close up all with the Apostles seasonable advice, Gal. 5. 1. Stand fast therefore in the liberty wherewith Christ hath made us f • ee and he not again entangled with any Yoake of Bondage, which Christ Himself hath not imposed on us by a clear and evident institution in his word: Christ's Yoake is easy, and his burden light, to which all people must with cheerfulness submit: if the Presbyterians yoke, in suspending men from the Sacrament for all kind of supposed scandals, though they profess unfeigned penitence for all their sins, & earnestly desire to receive it; or the Independents Yoak, in non-admitting or secluding those from their Congregations whom they judge not real Saints, or will not subscribe to their private Church Covenants, (without any express precept or president in Scripture, to warrant these their practices, proceedings) be not such, we may justly suspect and reject them too, as none of Christ's.