The Divine Right of Church Government and Excommunication

Quest. 21.

Ans. All power deviating offensively, and to the disturbance of societies in Morals, is subject to the Civil power and the Sword; and every power failing against the Law and Gospel within the bosom of the Church, is subject to the Word of God, in the mouth of the Ministers, who are nothing but Servants and Heralds; so that the subjection is to God, not to the Church, and in a spiritual and Ecclesiastical way: See P. Martyr. Lo. Com. l. 4. c. 13. & seq; Its but a poor evasion of Vedelius, to say, That the Magistrate is subject to the Church Catachrestice & abusive, improperly and abusively. 1. Because the Ministers as the Ambassadors of Christ do properly and not abusively preach the Gospel to Magistrates. 2. Magistrates are not improperly the sheep of Christ; yea, they are to the adversaries chief Members of the Church; Ergo, they are that way subject as other Members, as Pareus saith, Com. Rom. 13. Nor, 3. Will that prove anything that the Pastors are Ministers, not Lord's: for to people and Prince as they have souls to be saved, they are Ministers, and by this people should abusively be subject as well as Magistrates: But Vedelius freeth Magistrates from subjection to Pastors; because they are subject to the Word of God, not to Pastors, but so are the people subject also the same way.

Ans. The case is one within the Church, and another without the Church. 2. It is one in the case of a confused, or backs •• ding Church, another in the Church rightly constitute and pure; without the Church, God intendeth nothing, either in the intention of the worker or the work; but the external peace of human society: Then, I grant the Magistrate is at the first without any previous labors of religious men, to save the soul of the offender, to take care of peace and the conservation of human society; But within the visible Church, where the Gospel is preached, it is presumed, that God intendeth salvation in regard of the intention of the work, the Gospel being preached to all within the visible Church; if therefore any within the visible Church, fall in horrible scandals, and such as are capital, in the intention of God's dispensation, without the Church, God intendeth nothing but peace; But in regard of the intention of God's dispensation, within the Church, where the Gospel is preached, he intendeth both peace by the godly Magistrates care and eternal life, by the preaching of the Gospel; Because therefore life eternal is more necessary then external peace, it is necessary that the Church first labor to try, cognosce of, and cure the man's soul by rebukes, threats, conviction; and (if need be) by excommunication, that the souls of many may be saved from the contagion of scandal, before the Magistrate punish either to death, (if the scandal so deserve) or by any coactive way by the sword, the genuine fruit whereof is not repentance and gaining of the man's soul, except by accident and through the co-operation of a higher hand, above nature even of free grace) but the external peace of the common-wealth; hence in a constitute Church, the Magistrate is not to proceed with the sword against the body of any Member of the Church, while the Church first try and attempt how to save his soul; therefore the Magistrate is to sentence none as punishable by the sword, while first he be labored on by the Church, and upon a previous sentence of the Church; then must the Magistrates judging of a scandalous Church-member be subsequent, and the Churches judging antecedent: But, 2. If the Church be remiss, this is a defect▪ and somewhat extraordinary; if the Magistrate command the Church to do their duty, and they neglect to do it, the Magistrates cognizance then may be antecedent and not consequent, and the case of a Church erring in a fact, is, as if, in that fact, there were no Church.

Ans. Vedelius shall never prove the Major, as touching the subjection or subordination in question; he is subject to the Magistrate, whose sentence or judgment is subject, in an antecedent cognizance, and in a coactive corporal way, it is true: But now the assumption is false, in a constitute Church, the sentence or thing sentenced or judged by the Church, is subject to the Magistrate in a subsequent cognizance, and in a corporal coactive way only: But not in an antecedent cognizance, and by a way of Ecclesiastical censuring; we acknowledge a subordination of the Churches sentence to the Magistrate, in regard of the Magistrates external care to punish iniquity in any; not in regard of intrinsical judging and dealing with the conscience, the Church is to give a reason of their sentence from the Word of God, to the Magistrate when he demandeth it.

Ans. I deny the antecedent: The Ministry as such is an Ordinance of God, and cannot be judged; nor are Ministers, nor Painters as Painters, nor Musicians as Musicians, nor Saylors as Saylors subjects; these reduplications be consening and deceiving notions▪ painters as painters are regulated by Art, & subject to be judged by painters; but as men they are subjects, & so are Ministers as men subject to Caesar; as Ministers they are the servants of Christ, & not subjects. Ob. As Ministers they are either Magistrates or subjects; but Ministers as Ministers are not Magistrates: He that is not with Christ is against him, M. Coleman in his Brotherly examination, p. 21. saith, He that doth not manage his office under Christ, and for Christ, must manage it under the Devil, and for the Devil; if therefore the Christian Magistrate do not manage his office under, and for Christ, he must manage it under, or for the Devil, which were blasphemous. Ans. I deny the Major proposition: Ministers as Ministers are neither Magistrates, nor subjects; but formally the separated servants of Christ, set a part for the work of gathering the Saints: Now to be subjects, is to be judged by the Magistrate in those things, in which they are subjects, that is, in all Civil business they are, and false teaching discerned by the Church to be false teaching, or in case the Church corrupt themselves, then are Ministers obnoxions to bodily punishment to be inflicted by the Magistrate; But this is properly to be a subject of the Magistrate, to be liable to the civil cognizance, trying, and bodily punishment inflicted by the Magistrate, and to be a subject; and a member of the other Kingdom, is to be subject to the Ecclesiastical cognizance, trial, and censure of the Church, as a matter that concerneth the soul; hence the former concerneth the body and outward man, the latter the inner man, and the soul. 2. The former concerneth peace with men and edification, to be procured by a mean extrinsical to edification, to wit, by the sword; the latter concerneth peace with God, by a spiritual sword, the Word of God. 3. The former is carnal, and of the Kingdom of this world; the latter spiritual and of Christ's other Kingdom, that is not of this world, John. 18. 36. 4. The former worketh by coaction and bodily violence; the latter by removing unwillingness and making a rebellious soul obedient. 5. The former is an act of justice not terminated on repentance, or the man's turning to God, as an end; for whether this end be obtained, or no, the Magistrate is to use the sword, the other is terminated on repentance, as its end: He that is not with Christ, is against Christ, and with the Devil; Its true, in all professors of the Gospel▪ as professors, no man, but he must be either on the one side, or on the other, either for, or with Christ, or against him: But it is not true with every reduplication; thus Ministers as Ministers are subjects of, or to the King, and to obey him in the Lord, and so with Christ, hath this sense, Ministers essentially and formally are subjects of, or to the King to obey him in the Lord; so as Ministers do lose the essence and formality of the office of the Ministry; if they be not the Kings subjects, and with Christ; this is most false, for Judas should not be a Minister of Christ then, in that he was not subject to the Law of Caesar, that is, that the servant and disciple should be for, and under his master and Lord, it only followeth; Ergo, Judas was not a godly Minister, but under the Devil, not under Christ; Magistrates do neither essentially as Magistrates cleave to Christ, nor • ight against Christ; but as holy men they cleave to Christ, as sinful men they fight against Christ. 2. Master Coleman knoweth that we speak of the office of a Magistrate as a Magistrate, not under the accidents of Christian, or heathenish; there was no reason he should apply his Argument to the Parliament, except to make us odious, as if we did not as much honor or pray for the Parliament and King, as himself: But it concludeth equally against all Magistrates, and let him see it in a heathen Magistrate as a Magistrate: for a heathen Magistrate as a Magistrate, doth either manage his office under Christ, and for Christ, or under the Devil, and for the Devil. This I and Master Coleman also shall deny, for a heathen Magistrate as a Magistrate, doth not manage his office under, or for Christ, as mediator; because he is utterly ignorant of Christ, for he hath no more, but what God as creator and nature gave him, saith Master Coleman, pag. 20. and the other horn of the Argument, is as weak for this, The heathen Magistrate as such manageth his office under, or for the Devil, is blasphemous, for so Magistracy and the office should be intrinsically unlawful, and for the Devil: But it is intrinsically the Ordinance of God, Rom. 13. and apply this to God as creator, it shall appear of force. The Magistrate as the Magistrate, doth either manage his office under, and for God creator, or under, and for the Devil. The former part is true, because God creator and nature made the office of Magistracy, apply it to a heathenish husband, Father, Master, Musician, Painter, under these reduplications and it shall make the relation of Husband Devilish, or this proposition, (a Husband, a Father as a Father, and a Husband, manage their office, under, and for Christ the mediator, or under, or for the Devil) is most false and blasphemous: the former part is false; for there should have been, and was Father and Husband which did manage the duties of these relations, for God creator, not for Christ mediator; though Christ had never taken on our nature, never been mediator, never been King and Priest of his redeemed Church. The latter part is blasphemous, for then Adam had managed the part of Husband and Father under the Devil, and for the Devil, even before he fell in sin, and in the state of Innocency. 3. Mr. Colemans meaning is, that the Magistrate as the Magistrate, and by office is under Christ mediator, as his supreme and immediate vicegerent as mediator; now in this sense, Christ's saying ( he that is not against us, is with us ) shall not prove the truth of the proposition, which must be this, and is most false, to wit, that (The Magistrate as the Magistrate, by office, is either under Christ mediator, as the supreme and immediate vicegerent of him as mediator, or he is by office under the Devil.) This we deny, for one might argue thus of the Apostle Paul, who was either as an Apostle for Christ, or against Christ; Paul as an Apostle is either under Christ the mediator, and his supreme and immediate vicegerent, having power of both Swords, or he is under the Devil: The proposition is most false; for Paul is neither of them, so say we here; the Magistrate doth neither manage his office, as a Magistrate under Christ mediator, as his Vicar, and a little head of the Church; nor yet doth the Magistrate manage his office under, or for the Devil, God save the Magistrate, datur tertium, he is for Christ as a Christian, and as a Christian; but as a Magistrate he is not for Christ as mediator, that is, as having his office of Christ as mediator, and being from Christ a Magistrate, that is, as M. Coleman expoundeth it an officer, having power of both the Swords: for Mr. Coleman saith, p. 20. Christian Magistracy is an Ecclesiastical administration; Ergo, he hath the power of the Spiritual Sword, and Paul, Rom. 13. saith, he hath from God the power of the other Sword: Yea, we cannot say that a Magistrate as a Magistrate, or a Minister as a Minister, are either redeemed and saved in Christ, nor no redeemed, or no saved in Christ, but in another reduplication: The Magistrate as a Magistrate, is not redeemed, but as an elected man; nor is he damned, or not redeemed as a Magistrate, but as a reprobate and an unbelieving man; and the like▪ I say of a Minister, he that is not with Christ, as his immediate and supreme swordbearer, is not against Christ, for so all the world except the Prince, should be against him.

Ans. Non concluditur negatum, We deny not but the Magistrate may judge and put to shame offenders, but it is civil shame, by which the Magistrate judgeth any offender to be an evil Citizen and hurtful member of the common-wealth, Judge. 18. 17. The Church hath no power thus to judge, or thus to put to shame: But there is an Ecclesiastical shame, in which the Church judgeth, whether such a man be a sound and faithful subject of the Kingdom of Christ, or a hurtful Member of the Church, and of this shame speaketh Paul, 2 Thess 3. 14. keep no company with him, that he may be ashamed; and the same way we are to distinguish, a good name for it is an honor, that it be said of any man, as Psal. 87. This man was borne in Zion.

Ans. What the Magistrate punisheth, that he judgeth distinguo: What he punisheth, that he judgeth, the way that he punisheth, for as he punisheth civilly and with the sword; so he judgeth in a civil way, not as a Church scandal, but as a civil disturbance. 2. In a constitute Church, by a subsequent judging after those whose lips should preserve knowledge, have judged it to be Idolatry, and heresy; he is to judge it, and in order to corporal punishment, its true, and thus the Major is granted: But the assumption is false, for the Magistrate judgeth nothing as scandalous, no Idolatry, or heresy, with an antecedent judgment, and with order to Ecclesiastical punishment to gain the soul. Obj. But there is no other judging or punishing required, but such as the magistrate inflicteth. Ans. This is a false principle, and everteth all Church Government.

Ans. The Church hath a Ministry, no dominion of Magistracy. 2. There is a collaterality without equality. The Magistrate is highest and worthiest, the other hath no dignity, no supereminency, but to be authoritative declarers of the mind of Christ. 3. The Magistrate is no more tied to the judgment of a Synod, or Church, then any private man is tied in his practice▪ the tie in Discipline and in all Synodical acts and determinations, is here as it is in preaching the Word, the tie is secondary, conditional, with limitation in so far as it agreeth with the Word, not absolutely obliging, not Papal, qua or because commanded, or because determined by the Church, and such as Magistrates, and all Christians may reject, when contrary to, or not warranted by the Word of God.

Ans. Non-subordination can never infer equality, who denieth that the Magistrate may command the Husband and Wife to do a duty to each other, the father not to provoke the son, the son not to disobey the Father, the Pastor and People, the Master and Servant, the Captain and Soldier, to do a duty each, one to another. And there is a proper right and liberty, and power immediately given by God, without the King or Magistrates interposing of their authority: to all these, the Kings authority maketh not the man a Father, nor the Son subject to the Father, nor the Servant to the Master, nor the Soldier to the Commander. God immediately made those powers, and God in the Law of nature hath given a power to the Father over the son, without the Magistrate; yea, though there had never been a Magistrate in the world: so the Pastors and Elders by divine institution, have a power and liberty to feed and govern the flock, over which the Holy Ghost hath made them overseers, and set them over as those who must give an account to the great Shepherd, Acts 20. 28, 29. 1 Thes. 5. 12, 13. Heb. 13. 17. 1 Tim. 5. 17. now it no more followeth that all Fathers are equal to the Magistrate, all Masters, all Captains to the King, then that the Church or Pastors are equal to the King, for Fathers, Masters, Captains, Husbands have immediately from God in the Law of Nature, a supreme, a high and independent Authority as the Church hath, without any intervention of the will or authority of King or any earthly Magistrate, and without any subordination as they are such to the Prince. 2. The emulation between the Magistrate and Pastors is no more in point of government, then in point of preaching, exhorting, rebuking even of Kings and all that are in Authority; now we have both demonstrated from the Word, and have the grant of Adversaries, that in point of preaching and rebuking, the Pastors have an immediate supremacy and independency under Jesus Christ; and all emulation here, is from men who will no • submit to the yoke of Christ. 3. If the Magistrate should usurp over Husbands, and Masters and Fathers, their jus maritale, herile, Paterum, and spoil them of Husband-power, and masterly and fatherly power, as our Adversaries counsel the Magistrate to take the spiritual right and power of the keys of the Kingdom of God, from the Church and Pastors, the former should complain, as do the latter.

Ans. If the King be converted first as a Christian, not as a Magistrate, he may spread the Gospel to others, and preach himself but not as a Magistrate, as Jehoshaphat commanded the Levites to do their duty, so might he command those of the house of Aaron, who had deserted the Priests office, to take the office on them, to which God had called them, so here gifts and faithfulness appearing to the new converted Prince, he is to command those so gifted, (for their gifts and faithfulness is as evident a call as to be borne the sons of Aaron, ) to take on them the calling of preaching and of dispensing the Seals. But▪ 1. he ordaineth them not Pastors as a Prince, but commandeth them to follow the calling which now the Church not constitute, cannot give. 2. He can preach himself as a gifted believer, in an extraordinary exigence, but he cannot do this as a Magistrate, yea, Moses did never prophecy as a Magistrate, nor David as a King. 2. All the rise that Religion hath from the Prince as the Prince in this case is civil, that men gifted may be commanded by civil Authority, to dispence Word and Sacraments, but nothing Ecclesiastical is here done by the Prince as the Prince. 3. The highest power in the Church as the Church, and the highest amongst men, as men, are much different. The Magistrates power in commanding that this Religion that is true and consonant to the Word of God be set up, and others that are false be not set up in his Kingdom, is a civil power, and due to him as a Magistrate, but a highest Church power, to dispense Word and Sacraments agreeth to no Magistrate as a Magistrate; but it followeth not, that when the true Religion is erected by his power as a Magistrate, that he may as a Magistrate dispence Word, Sacraments, and Synodical acts and censures; except God have called him to preach the Word, and to use the sword of the other Kingdom, as a Member of the Church joined with the Church.

Ans. 1. Let the subjection be unproper, there can no conclusion from thence be drawn against us, If 1. The Pastors as Pastors have their commissions from Christ and be his immediate Servants, and have no Commission Pastoral from the Magistrate, as the power of the Herald floweth immediately from the royal power of the King, and he is the Kings immediate servant; then to obey him in those acts which he performeth in the Kings name, is to obey the King; and in those acts subjects do properly obey the Herald; and so here Heb. 13. Obey those that are over you in the Lord, according to that, He that heareth you, heareth me, he that despiseth you despiseth me. 2. It is enough for our purpose that Magistrates are so to obey Pastors in the Lord, and Pastors are so supreme under Christ as the Magistrate is not above them, and they have their Ambassage, calling, and commission immediately from Jesus Christ, without the intervention of the Magistrates Authority.

Ans. It followeth not, for so we should give no kindly obedience to Kings, to Parents, to Masters, for we obey them only conditionally in the Lord, as they warrant their Commandment from the Word. Yet Vedelius will not say, it is unproper subjection we owe to the King, nor can he say that the Royal power is imperium alienum, a begged power, all obedience to men this way is begged, and if we come to Logic, if I should say the nature and definition of obedience agreeth not univocally to obedience to God, and to obedience to the creature, Vedelius should hardly refute me. It is enough Ministers of the Gospel discharge an Ambassage in the room and place of God, 2 Cor. 5. 20. God commandeth in his Ministers, a limited obedience, is kindly obedience.

Ans. You may see solid answers to this, in Walens, Cabel Iavius, and Iac. Triglandius. 1. The book of the Law was given to the King for his practice, that he might fear the Lord his God, and his heart not be lifted up above his brethren, Deut. 17. 18, 19, 20. and this was common to him, with the Priests and all the people of God, but to the King in an exemplary and special manner, that 1. The people might follow his Example, and therefore these same words which concern the practice of the King, Deut. 17. 19. are also given to the people, Deut. 6. 2. and 10. 13. and 111, 2, 13, 22. and 12. 1, 2, 28. and 13. 4. and 27. 1. and 28. 1. with a little change, sure no change that by any consequent will make the book of the Law to be delivered to the King to this end, that his lips by his Royal office, should preserve knowledge, and that the people should require the Law at the Kings mouth, which was the special office of the Priest, Mal. 2. 7. as proper and peculiar to the Priest, as the Covenant of Levi, ver. 8. and that they should not be partial in the Law, but should teach the people the difference between the clean and the unclean, the precious and the vile in Judgment, not accepting the persons of father and mother, Ezek. 44. 23, 24. and 22, 26. Lev. 10. 10, 11, Jeremiah▪ 15. 19. Deut. 33. 9. Yea, it was no less peculiar to the Priests, then to offer Sacrifice to the Lord, Leviticu • 10. 10, 11, 12, 13. Mal. 2. 7, 8. compared with v. 2. and with c. 1. v. 6, 7, 8. Now the King as King was not a confederate in the Covenant of Levi, to burn incense and teach the people, but in a far other Covenant, • Kin. 11. 17, 18. 2. In which the King was to use the sword in defense of the Law and punishing Idolaters: for 1. the King is neither commanded to teach Priests and people out of the book of the Law; Nor 2. rebuked for his neglect in this: both these we may read of the Priests everywhere in the Prophets, Deut. 33. 10. Mal. 2. 7. Lev. 10. 10, 11. Ier. 2. 8. and 6. 13, 14. Hos. 4. 6, 7, 8. Deut. 17. 11, 12. yea the book of the Law is put in the keeping of the Priests and Levites, Deut. 31. 25. And Moses commanded the Levites, which bare the Ark of the Covenant of the Lord, saying, 26. Take this book of the Law, and put it in the side of the Ark of the Covenant of the Lord your God. Now if the Priests had been only the Kings servants immediately subordinate to the King, and mediately only to Jesus Christ, the Ark, all the holy things, the book of the covenant, the burning of incense before the Lord, had been principally and first enjoined to the King. Ezra the Priest read the book of the Law, not Nehemiah; nor was it ever commanded that the King should read it in the hearing of the people, and give the sense of it, as the Priests were to do by their office; Hilkiah 2 Kin. 22. found the book of the Law that was lost, and Shaphan the Scribe read it before the King, that they might see their Apostasy, and Josiah might accordingly reform, 2 King. 22 9, 10.

Ans. This text is brought for the Popes Supremacy, but it is Isai. 60. 10. Their Kings 〈 in non-Latin alphabet 〉 shall serve thee, this is no dominion. And the breasts of Kings, which the Church is to suck, is not the sincere milk of the Word, which the King preacheth by himself or others, but the external strength, dignity, that the King shall add by his Authority to the Church, but the Tutor cannot • ob the Pupil of the Law and privileges of the inheritance. 2. The Prince is not a father spiritual of the second birth of the Church, as Paul was, 1 Cor. 4. 15.

Ans. The Major is false, and the Assumption untrue also, and all that the conclusion can bring forth, is, that the Prince hath 1. An external coactive care by way of dominion to procure the removal of Wolves from the fold. 2. To procure the good of the Church, in order to a natural and civil good. 3. To procure good to the Church as the Church in a coactive way, by the sword, in punishing Idolaters. 2. The Church as the Church is not subordinate to the Prince, but as Subjects of the common wealth, because he by a coactive power may procure the good of the Church as the Church; for indirectly and by the sword, the Magistrate defending godliness, and procuring the good of souls, doth not prove that his dominion and sword extendeth to their souls, or that he watcheth for their souls, as Heb. 13. 17.

Ans. I cannot trouble the Reader, to add here what I have answered elsewhere, but let the Reader see Triglandius, Ant. Walens, Gabel Iavius in the cited places, they have in the defection of the Priests, which is extraordinary, Reformed Religion. 2. They did many things as Prophets, not as Magistrates. 3. They have done much in Religion, quoad actus imperatos, non elicitos, by their civil power commanding Priests to do their duty.

Ans. All this is but wind, devised against the Magistrates punishing of Idolaters, and I show the same followeth upon the Magistrates, or Church erring, the one in abusing civil authority, or the other in profaning ordinances, or preaching the word; for instance, The Judges of a land, or of Jerusalem, make grievous and bloody decrees against the poor, the widows and the Orphan: A faithful Isaiah, a zealous preacher by authority from the Lord, judgeth and condemneth according to his conscience, these judges, and crieth out, as Isai. 10. 1 in the name of the Lord▪ before all the Congregation: Woe be to you who decree unrighteous decrees, and write (in the Bench) grievousness, to turn aside the needy from judgment, and to take away right from the poor: Now the Magistrate that decreed those decrees, judgeth in his conscience they are righteous decrees, and he according to his conscience no • enduring that Isaiah or any preacher should thus abuse and profane so holy an Ordinance of prophesying, and preaching: as to preach lies in the name of the Lord, he proceedeth in his civil court, and cu • teth off with the sword such false Prophets, because they • lander the Lord's annointed, and preach lies of him: is not here a reciprocation of judging in the same cause? What will the Author say to this? O saith he, the Magistrate ought not to use his sword against those Prophets, for they preach according to their conscience the truth of God: But say that Shimei were a Prophet, and he calls David his Prince a bloody murderer; and saith, this evil is come on him, for rising up against Saul his Master; The Magistrate may not punish him with the Sword, for railing against the Lord's anointed. 2. And if the Magistrate ought not to strike with the sword any Prophet, for preaching according to his conscience, for that is persecution to this Author; how shall the Prophets judge and condemn the Magistrate, for those same decrees which he hath given out according to his conscience? for this is a persecution with the tongue, Mat. 5. 11. Job 19. 22. and it is one and the same spiritual cause, saith this Author. 3. The same very Author and the Parliament, do reciprocally judge and condemn one another; for the Parliament make war against Papists, for drawing the King on their side, and causing him make war against the Lamb and his followers, that is, against godly Protestants: Now suppose Priests and Jesuits, preach this to the Queen and other Papists, and they according to their conscience make war against the flock of Christ, and the Parliament according to their conscience make war against them: this Author sitteth down, and judgeth and condemneth both sides as bloody persecutors, for point of conscience: Now though the Author in his Bench with his pen condemneth and judgeth both according to his conscience; yet if the Papists or possibly the Parliament, had this Author in their fingers, might not they reciprocally judge and condemn him? I think he cannot deny; how justly they should reciprocally judge the Author, I cannot say. 3. This Author would have a contradiction, such as is to make East and West both one, that one and the same man both sit in the Bench, and stand at the bar, that the Church judge the Magistrate, and the Magistrate judge the Church: But I hope contradictions were no more under the Old Testament to be admitted, nor under the New. Now in the Old Testament the King might put to death the Prophet, who should prophecy blasphemies, and again the Prophet might judge the King, by denouncing the judgment of the Lord against the King; let the Author say how the King, both did sit in the Bench, and stand at the ba •• e in divers respects: I think A • hab might judge and punish Micaiah unjustly, for prophesying that he should die at Ramoth Gilead, and Micaiah might in prophecy give out the sentence of death justly against him▪ but here be two contrary sentences, the like may fall out in Synodical constitutions. 2. To answer to his reasons. 1. It followeth not that in one and the same spiritual respect, one and the same person judgeth on the Bench, and is judged at the Bar; for the Churches judging is in a spiritual respect, as the officer ordained, may promote the building of God's House, the Magistrates suppressing him is no spiritual respect; but as it disturbeth the peace of the State, that so unworthy a person is an officer in God's House, and is hurtful to the Church of God in their edi • icatio • , which the Magistrate is to promote not in spiritual, but in a civil coactive way, by the power of the sword. 3. That one judge on the Bench, and the same stand at the Barre and be judged, at divers and sundry times, is not so impossible, by far, as to reconcile East and West together; A ••• b may judge Naboath to be condemned and stoned for his vineyard today, and immediately after Elias the Prophet may arraign him before the Barre and tribunal of God to be condemned, and adjudged to die in the portion of Jezreel, where the dogs may lick his blood: It is true Elias is not properly a judge, but a declarer, in a prophetical and authoritative way of the judgment of God; but this is all the judicial power which we ascribe to Church, or Presbytery and Pastors; they are mere Ministers or servants to declare the will and sentence of God: When the Minister preacheth wrath against the King for his sins, he judgeth the King in a Pastoral and Ministerial way, which is all we contend for, in many officers united in a Church way, and at that same time, the King hath power after that, to judge him for preaching treason for • ound Doctrine; if it be found to be treason by the Church, and this reciprocation of judging we maintain as consistent and necessary in Ministers of Gospel and Magistrates: But such a distance between them, as between East and West, we see not. The Author should have shown it to us by his own grounds: The Church may excommunicate a Magistrate as a persecutor, who cutteth off Idolaters for their conscience; yet the godly Magistrate may judge and punish them with the sword, for abusing the ordinance of Excommunication, so as to excommunicate the godly Magistrate, because he doth punish evil doing with the Sword, Rom. 13. 4. 4. The Author infers that tumults and bloods do arise from these two▪ But that will not prove these two to be inconsistent and contr • dictorious; tumults and blood arise from preaching the Gospel, what then? Ergo, the Gospel is a mass of contradictions, •• followeth not: The • umul • s and blood have their rise from men's lusts, who are impatient of the yoke of Christ, not from these two powers to judge Ecclesiastically in the Church, and to be judged civilly by the Magistrates: The Author draweth his instance to the actual judging of the same thing contradictory ways; for example, the Church ordaineth one to be a preacher, and this they do Ecclesiastically, and the Magistrate actually condemneth the same man civilly as unworthy to be a preacher: It is one thing to say, that the Church hath power to judge righteously in an Ecclesiastical way any matter, and another (that the Christian Magistrate hath power in a civil way, to judge righteously the same matter) and a • ar other thing it is to say, The Church hath a power Ecclesiastically to judge a matter righteously, according to the word, and the Magistrate hath power to judge the same matter civilly in a wrong and unjust way; the former we say, God hath given a power to the Church to ordain Ecclesiastically, Epaphroditus to be a preacher of the Gospel, because these graces and gifts are in him that are requisite to be in a faithful preacher; and God hath also given a power to the Christian Magistrate to add his civil sanction to the ordination and calling of the same Epaphroditus: But we do not teach that God hath given to the Church, a power to call Epaphroditus to the Ministry in an Ecclesiastical way, and that God hath given a power to the Christian Magistrate to anull this lawful ordination of Epaphroditus: Now the Author putteth such a supposition, that Church and Magistrate have two lawful powers toward contrary acts; the one of them a power to give out a just sentence, the other a power to give out an unjust sentence in one▪ and the same cause, which we teach not: God gave to none either▪ in Church or State a power to unjustice, ad malum n •• la▪ est potestas.

Ans. The Magistrate judges of these as a Magistrate, not in a Pastoral way or Ecclesiastically; for then by office, he should be a preacher of the Gospel, but civilly as they are agreeable, or contrary to the Laws of the Common-wealth made concerning Religion, and in order to the civil praise and reward of stipends, wages, or benefices, or to the bodily punishment inflicted by the sword, Rom. 13. 4, 5. So, though the object be spiritual, yet the judging is civil, and the Magistrates power in setting up true, or pulling down false ordinances, is objectively spiritual or civilly good, or ill (to speak so) against the duty, or agreeable to that which men owe as they are members of a civil incorporation, a City or Common-wealth: But the same power of the Magistrate is formally, essentially in it self, civil, and of this world.

Quest. 22.

FOr the clearer explanation of the question, its possible these considerations may help to give light, 1. There be these opinions touching the point: Some exclude the Magistrate from all care of Church-discipline, • . As Jesuits and Papists will have Princes not to examine what the Church, the Pope and the cursed Clergy of Rome decrees in their Synods. To these the Sorbonists of Paris oppose, and the Parliament of France cause to be burnt by the hand of the hangman, any writings of Jesuits that diminisheth the just right of the Magistrate. 2. Those who in the Low-countries did remonstrate under the name of Arminians, as they are called, hold, that the Magistrate ought to tolerate all Religions, even Turkism and Judaism not excepted, because the conscience of man cannot be compelled: Some of them were Socinians▪ as Henry Slatius, who saith right down, he that useth the sword, or seeketh a Magistracy▪ is not a Christian; yea, war is against the command of Jesus Christ, or in any terms to kill any; saith Henry Welsingius, Episcopius their chief man will have the Magistrate, going no further then real or bodily mulcts or fines, John. Geisteranus pronounceth it unlawful to be a Magistrate to use the sword: But all say the Magistrate ought not to use the sword against Heretics, Blasphemers, Idolaters, or against any man, for his conscience or Religion. 3. Those that think the Magistrate bear the sword lawfully, yet do confine him to the defense of the half of God's Law, the duties of the second Table, and not to these all, but to such as border not directly on conscience; for if some should sacrifice their children to Molech and Devils, as some do, the Magistrate were not to punish them, it being a joint of their Religion and a matter of conscience: and all these will be found to give to the Magistrate as the Magistrate, just as little as Jesuits do in the matters of Religion, and that is right down nothing, except possibly the Magistrate be of their Religion only, whom he Governs only as a Christian man; the Magistrate hath more with these, then with Papists. 4. Erastus giveth all in Doctrine and Discipline, both in power and exercise to the Magistrate, even to the dispensing of Word and Sacraments. 5. Others forsaking Erastus in a little, But following him in the main, deny power of order. 2. Power of internal jurisdiction granteth to him all the external government of the Church. 6. We hold that the Magistrate keeps both Tables of the Law, and that he hath an inspection in a civil coactive way, in preserving both Tables of the Law; but that he is not as a Magistrate a member of the Church, but as a Christian only.

2. The exercise of Discipline is one thing, and the exercise of it, (as the modus) the way of exercising of it, either in relation to Ecclesiastical constitutions, or in relation to the politick and civil Laws of a Common-wealth, is a far other thing.

3. As the Church is to approve and commend the just sentence of the civil judge in punishing ill doers, but only conditionally in so far as it is just, so is the magistrate obliged to follow, ratify, and with his civil sanction to confirm the sound constitutions of the Church: But conditionally, not absolutely, and blindly, but in so far as they agree with the Word of God.

4. Hence there is a wronging of the Church as the Church, and a civil wronging of the Magistrate as the Magistrate, or of the members of the Church as such, or of the members of the Common-wealth as such, the former and the latter both cannot belong to one judicature: No more then the failing of a Painter against the precepts of Art, because he hath drawn the colors, proportion, and the countenance beside the samplar, and the failing not against Art, but against the Laws of the King, in that he hath lavished out too much gold in the drawing of the image, doth belong to one judgment; for the Painter as a Painter, according to the Law of Art, must judge of the former, and the Magistrate as a Magistrate of the latter.

5. An appellation is one thing, and the complaint of an oppressed man is another thing; or a provocation to a competent judge is one thing, and the refugium, the refuge and fleeing of an oppressed man to a higher power, is another thing; if the Church err and fail against the Law of Christ in the matter, and decree, the man to be a heretic, who is none, and that to be heresy which is truth; the oppress • d man in a constituted Church may have his refuge to the godly Magistrate and complain, but he cannot appeal, for an appellation is from an erring judge to an higher judge, in eadem s • rie, in the same nature and kind of judicatures, as from a civil Court to a higher civil Court, and from an Ecclesiastical Court to a higher; as suppose the Church of Antioch judge that the Gentiles must be circumcised, the godly there may appeal to the judgment of Apostles and Elders, in a Council convened from Antioch and Jerusalem both: and therefore because the Magistrate can no more judge what is heresy, what truth, as a Magistrate, then he can dispense Word and Sacraments; an appeal cannot be made to him, who is no more a judge, ex officio, nor he can dispense the Sacraments ex officio, but a complaint may be made to the Magistrate; if the Church fail in their judging, the Magistrate is to command the Church to judge it over again, but the Magistrate cannot judge it himself; as there is a complaint made to the Magistrate that the P • inter hath not drawn the image exactly, according to the samplar, the Magistrate judgeth not of the Art of the Painter, nor can the Magistrate as the Magistrate draw the image himself; But the Magistrate may judge of the Painters breach of promise, who did • action to draw it exactly according to the samplar, and hath not kept faith to the man who payeth him wages; and therefore the Magistrate may either punish his▪ moral error, his breach of promise, not his error of Art, (the faculty or company of Painters must judge of of that) or then command the Painter to paint the same image again, according as the Painter convenanted: But it may be objected, You then make the Magistrate to meddle no more with matters of faith, and preaching truth or falsehood, and giving out Ecclesiastical rules in Church government, as Act. 15. then he meddleth with painting according to the principles of Art; now painting according to Art belongeth not at all to the conscience of the Magistrate, but sound preaching; right ruling in God's house, belongeth in a far nearer relation to the conscience of the godly Magistrate. I Answer, As touching the formal judging Ecclesiast • cally, and as concerning this, that the Magistrate should say, it seemed good to the Holy Ghost, and to me▪ or his dispensing of Word and Sacraments, or his burning incense before the Lord, it no more belongeth to him as a Magistrate, to do these in his own person formally; because God hath not called him to act these, then it belongeth to him to paint an Image, to sew shoes, to si • at the helm of a Ship, and stir and guide her to such a Port, as is clearer, Heb. 5. 4. 1 Cor. 7. 17. 21. Rom. 10. 14. 1 Tim. 5. 17. and 3. 1, 2, 3. Act. 13. 23. and 20. 28, 29, 30. Heb. 13. 17. 2 Chro. 26. 18, 19, 20, 21. But in another consideration, as sound or unsound dispensing of Word and Sacraments, as right or unjust ruling in the house of God, may more or less hurt, or benefit the souls of men, which he is to care for indirectly, in ordine ad penas vel premia civilia et corporalia; it belongeth more to the Magistrate, to take care of the Church, of Religion, of preaching and, governing God's house, then any painting or Arts in the earth: Again, the Church proceeding in these things, that are against common justice in all judicatures, no less then in the Church, as to condemn the party never heard, or not convinced, either by confession, or under two sufficient witnesses, or to do manifest unjustice in the manner of proceeding, leaveth a clear place to the wronged party, by the Law of nature▪ if not to appeal▪ yet to flee and have re-course to the Christian Magistrate, who is Par • ns Patrie▪ the father of the Common wealth▪

6. The question may▪ either be of any really▪ wronged by the Church whether he may appeal to the Magistrate, or whether he who either believeth, or thinketh, or falsely lieth, and saith that he was wronged, may appeal to the Magistrate.

7. An Appeal is different from a Declinature, a Declinature is properly a refusing to be judged, because the judge is incompetent, and the business belongeth not to him; those who follow Erastus, and deny all power of censures to the Church, do decline, but not appeal from the Church, thinking the Church hath no power at all to judge or censure the scandalous. An Appeal is properly from the same inferior judicature, to a superior judge, in eadem serie, in the same kind, and it is either proper or unproper: Proper it is, when a particular Church doth appeal to a Synod of many Churches in the same place: Unproper, when either a wronged person hath recourse to one or many Pastors of Authority, as Chrysostom, Flavianus, Athanasius appealed to the Bishop of Rome, that he would request the Church to proceed orderly: Or, 2. The godly Magistrate would command that the Church would impartially proceed to right an oppressed man, as Cabeljavius saith. Or, 3. When there is no Synods to be had, then as Triglandius saith well from Beza, the Christian Magistrate may provide • it means of relieving the oppressed.

8. This would ever be remembered, that in case of the Churches erring in judgment, which must be thought of as a sort of extraordinary case, the godly Magistrate may do more, then what ordinarily he can do; and so may the Church, when the Magistrate oppresseth in judgment, as great Junius saith.

9. We grant when any complaineth to the Magistrate, that they are oppressed in judgment by the Church, that the Church is obliged to give an account of their doings, but that from common charity to remove the scandal, and that they owe to all Christians, as may be evidently collected from 1 Pet. 4. 15. but this will not prove a subordination to common Christians as to Judges, nor yet to the Magistrate. 2. The Magistrate, when his judging is deemed scandalous, is to give an account to the preachers of the Gospel, who watch for his soul: as King Saul gave an account to Samuel, (with a false Apology, I grant) that he had obeyed the Commandment of the Lord; but if Saul had been faultless in sparing • gag and the cattle, yet was he obliged to give an account to Samuel. But that will not prove that King Saul was subordinate to Samuel to be judged of him, because Prophets are but servants and Ministers to declare God's will, yet is it all the subordination that we require in this, according to that, And the people believed the Lord and Moses. Now all the Arguments before alleged to prove that Pastors as Pastors are not subordinate in their pastoral acts to the civil Magistrate, do also prove that there is no appeal from the Church in an Ecclesiastical business to the civil Magistrate: For 1. If two Painters contend touching any controversy in the mystery of their Art, they cannot appeal to the King as Judge; the King then should formally be a painter, and which is absurd, not by accident; but as a King and so here, if the King were the judge, to whose determination we might appeal from the Church in a Church controversy, sure the King as King should be a Church Officer: if the Priests in controversy touching burning incense, or offering strange fire to God, should appeal to the decision of the King as the King; sure the King in that as King should be an eminent High Priest, and right of burning incense to the Lord, should belong to him, in as far as the Kings lips in that controversy should preserve knowledge, and they should seek the Law from his mouth, which is proper to the Priests, Mal. 2. 7. Ezek. 22, 26. and 44. 23, 24. Deut. 17. 11.

2. The Church of Antioch should have appealed to Caesar, if he had been a Christian, in the controversy touching circumcision; he should have determined who were perverters of souls, who not, and should have said by his office, as Emperor, It seemed good to the holy Ghost and to me. 3. We have not any practice, or precept or promise in the Old or New Testament, for any such appeal, except they say, all hard questions belonging to the Priests office were to come before Moses as a civil Magistrate, and not as the great Prophet to whom God revealed his mind. 4. If so, then all Church controversies in doctrine and discipline, should be ultimately resolved into the will of the Magistrate, speaking according to the word, and faith in most points should come by hearing a Magistrate determining against Arius, that Christ is God consubstantial with the Father, and all binding and loosing in Earth as in heaven, should be from the Magistrate as the Magistrate, he should forgive and retain sins, and Christ should have given the keys of the Kingdom of Heaven to the Magistrate as the Magistrate, certainly we should have the doctrine of the Church of Christ, and the building and edifying thereof most obscure in the New Testament, in which there is not one word of such a supreme and chief officer as the Magistrate. 5. The Parliament, college of civil judges, as they are civil Magistrates, should be the Church assemblies, and determine all doctrines, debar the ignorant and Heretics, and Apostates from the Sacraments, and totally cast them out of the Church and excommunicate them; I see not but then the Parliament as the Parliament is the Church, and the two Kingdoms, John. 18. 36. must be confounded, and no difference at all made between the civil state and the Church, because the Magistrate as the Magistrate is made by the adversaries the chief officer over the Church, the Ecclesiastical head, the mixed Governor, half civil, whole Ecclesiastical, in whose power all Pastors, Elders preach, dispense Sacraments, make Church-canons, as his Ministers and Servants; Christ when any brother trespasseth against a Christian brother saith, Tell the Church, never, Tell the Christian Magistrate. But truly it is a great mistake in the learned Mr. Prynne to call them Anti-Monarchical, Anti-Parliamentary, and Novators, who deny that the Parliament hath any Nomothetick power in Church-canons. Nor hath he in any measure answered the Arguments of those Learned and godly Divines, Mr. John Goodwin, and Mr. Hen: Burton; he is pleased to cite the practice of many Parliaments of England, who laudably impatient of the Popes yoke, have made Church-canons, when the man of sin sat upon the neck of the Christian church; but these numerous citations of Parliaments and Councils in time of Popery conclude nothing against us, who grant when the Church is not her self, the Christian Magistrate may extraordinarily reform and take from the man of sin his usurped power, but in a constituted Church the case must be otherwise: and 1. Whereas he proveth Emperors and Kings to have a power to convocate Councils; It hath not strength against us, all our Divines teach so. But how, 1. an accumulative civil power, so Jewel, Alley, Bilson, Whitaker, Willet, White, Roger, he might have cited more; but no privative, no Ecclesiastical power, so as Synods may not lawfully convene without the command of the civil Magistrate; our Divines say many Synods and Church meetings were in the Apostolic Church without the consent and against the will of the civil Magistrate; our Divines oppose the Pope, who claimeth the only accumulative, civil, privative, and Ecclesiastic power to convocate Synods, and that no Synods are lawful without the consent and mandate of the holiness of such a Beast. 2. Master Prinne saith, The Magistrate hath power to direct, for time and place, and to limit for matter and manner, the proceedings, liberty and freedom of all Church Assemblies: But, 1. he asserteth this in the most, from corrupt practices. 2. He proveth, Laymen should have hand as well in Synods, as Clergymen, the one having interest in the faith, as well as the other. Ans. Then must all the people be members of Synods, for all have alike interest of Faith: but this proveth not interest of defining, which is the question; in dispensing Word and Sacraments, they have interest of trying all things, as well as Pastors: but it followeth not; Ergo, they may dispense Word and Sacraments, no less; yea, more principally then Pastors, as Erastus saith, the Magistrate more principally determineth Synodical constitutions: Hence this is easily answered, we may appeal in Church business to him as to the supreme judge, who may punish the erring Church and Pastors; but the Magistrate may in Church business do this: For answer, 1. I retort it, the Magistrate in making civil Laws, that must in their morality be determined by the Word of God, may appeal to Pastors, whose lips by office should preserve knowledge; Ergo, the Magistrate in making civil Laws, may appeal to the Pastor, which is absurd. 2. If men in Church-constitutions may appeal to the Magistrate, as to one who may in his person determine Synodically in Assemblies above all the Pastors, 1. Because Magistrates may punish the Pastors erring and oppressing in Synods. 2. Because the Magistrate and all laymen have interest in the faith, as well as Pastors, then may people in hearing the Word and receiving the Sacraments, and in all Pastoral rebukings and threatenings, in believing of all Gospel promises and threatenings, and fundamental truths, appeal from Pastors to Magistrates as Magistrates, and Magistrates as such may determine all fundamental truths, all conscionall promises and rebukes; and that is, formally they may preach, (for he that can distinguish these hath a good engine) Because Magistrates may punish heretical preaching, and superstitions, and idolatrous abusing of the Sacraments by preachers, and Magistrates and all Laymen have interest of Faith, in Word, Doctrine, and Sacraments, as in Discipline; yea, the Magistrate may punish the Priest that offered strange fire to the Lord, offered bastard incense; and the people had their interest of saith, in sacrifices offered for their own sins: but can it follow, therefore the Magistrate might sacrifice and burn incense in his own person, as Mr. Prynne will have him to make Churchlaws in his own person: Other Arguments of Mr. Pryns are light; as, that there were brethren, and Lay-men that had hand in the Council at Jerusalem, Acts 15.

Ans. This is nothing for Magistrates as Magistrates, but all Christians as Christians so must have hand in Synods, which I grant in so far as concerneth their faith and practice, that they try all things, and try the Spirits whether they be of God or not; but will it follow, Ergo, Magistrates as Magistrates are those only who govern the Church, and make all Ecclesiastical constitutions, as having in them all power of Ecclesiastical jurisdiction, and deriving it to Bishops and Pastors at the second hand, as Mr. Prynne saith in the same book.

Ans. The Antecedent is false, if not blasphemous; it is proper to Jesus Christ only, Col. 1. 18. Eph. 1. 22. The King is the head of men, who are the Church materialiter, he is not formally as King, Head of the Church as the Church; and therefore we see not how this Statute agreeth with the Word of God, Henric. 8. Stat. 37. c. 17. The Archbishops, Bishops, Arch-deacons, and other Ecclesiastical persons have no manner of Jurisdiction Ecclesiastical, but by, under, and from the Kings Royal Majesty, the only and undoubted supreme head of the Church of England and Ireland, to whom by holy Scripture is given all authority and power, to hear and determine all manner of causes Ecclesiastical, and to correct all vice and sin whatsoever▪ for neither is the subject, the Archbishops, Bishops, &c. lawful, nor is the limitation of the subject lawful, for Ecclesiastical officers are the Ambassadors of Christ, not of the King.

Ans. This proveth that Christians as Christians, and Magistrates as Christians, may judge & determine of all things that concerneth their practice, and that they are not with blind obedience to receive things; Mr. Prynne cannot say, that 1 John 4. 1. is meant of a Royal, Parliamentary, or Magistratical trial, John speaketh to Christians as such: But this is nothing to prove the power of the Magistrate as the Magistrate, for thought the man were neither King nor Magistrate, he ought to try the Spirits, 1 John 4. 1.

The special objection moved for Appeals is, that which Paul did in a matter of Religion, that we may do in the like case, but Paul, Acts 25. did appeal from a Church Judge to a civil and a heathen Judge, in a matter of Religion, when he said before Festus Acts 25. I appeal to Caesar; Ergo, so may the Ministers of Christ far more appeal to the Christian Magistrate, and that Paul did this jure, by Law, not by Privilege, but by the impulsion of the Holy Ghost, is clear, in that he saith, He ought to be judged by Caesar; so Maccovius, so Videlius, so Vtenbogardus, so Erastus.

Ans. 1. This Argument, if it have nerves, shall make the great Turk, when he subdueth people and Churches of the Protestant Religion, to be the head of the Church; and as Erastus saith, by his place and office as he is a Magistrate, he may preach and dispense the Sacraments, and a Heathen Nero may make Church constitutions, and say, It seemed good to the holy Ghost and to me; and by this, Nero by office is to excommunicate, make or unmake Pastors and Teachers, judge what is Orthodox Doctrine, what not, debar heretics, Apostates and mockers from the Table, and admit the worthy; and Paul the Apostle must have been the Ambassador and Deputy of Nero in preaching the Gospel, and governing the Church, and Nero is the mixed person, and invested by Jesus Christ with spiritual jurisdiction, and the keys of the Kingdom of Heaven. This Argument to the Adversaries cannot quit its cost, • or by this way Paul appealed from the Church in a controversy of Religion, to a Nero, a Heathen unbaptized Head of the Church, and referred his faith over to the will, judgment, and determination of a professed Enemy of the Christian Church; and Paul must both jure by the Law of God, and the impulsion of the Holy Ghost, appeal from the Church to a Heathen without the Church, in a matter of Religion and Conscience; then Nebuchadnezzar was head of the Church of Judah, and supreme judge and governor in all causes and controversies of Religion, how can we believe the adversary, who do not believe themselves? and shall we make Domitian, Dioclesian, Trajan, and such heads of the Church of Christ?

2. It is not said that Paul appealed from the Church or any Ecclesiastical judicature to the civil judge; for Paul appealed from Festus who was neither Church nor Church officer, and so Paul appealeth from an inferior civil judge, to a superior or civil judge, as is clear, Acts 28. 6. And when Festus had tarried amongst them more then ten days, he went down to Cesarea, and the next day sitting in the judgment seat, commanded Paul to be brought, verse. 10. And Paul said, I stand at Caesars judgment seat, where I ought to be judged; he refused, v. 9, 10. to be judged by Festus at Jerusalem, but saith, v. 11. I appeal to Caesar: Now he had reason to appeal from Festus to Caesar, for the Jews laid many grievous complaints against Paul, which they could not prove, verse. 7. And it is said verse. 8. That Festus was willing to do the Jews a pleasure, and so was manifestly a partial Judge; and though the Sanhedrin at Jerusalem could have judged in point of Law, that Paul was a blasphemer, and so by their Law he ought to die, for so Caiaphas and the Priests and Pharisees dealt with Jesus Christ, yet his appeal from the Sanhedrin, 1. corrupted, and having manifestly declared their bloody intentions against Paul. 2. From a Sanhedrin in its constitution false, and degenered far from what it ought to be by God's institution, Deut. 17. 8, 9, 10. it now usurping civil business, which belonged not to them; Paul might also lawfully appeal from a bloody and degenerating Church judicature, acting according to the bloody lusts of men against an innocent man, to a more impartial judge, and yet be no contemner of the Church; this is nothing against our Thesis, which is, that it is not lawful to appeal in a constituted Church, from a lawful unmixed Church Judicature to the civil Magistrate in a matter of life and death. 3. Paul appealed from the Sanhedrin, armed with the unjust and tyrannical power of Festus, a man willing to please the bloody accusers of Paul, as is clear, v. 9. And Festus willing to do the Jews a pleasure, answered Paul and said, Wilt thou go up to Jerusalem, and there be judged of these things before me?

3. The cause was not properly a Church business but a crime of bodily death and sedition; I deny not but in Paul's accusation, profaning of the Temple, teaching against the Law of Moses was objected to him. Materialiter the enemies made the cause of Paul a Church business, but formally it was sedition. 1. It was a business for which the Sanhedrin sought Paul's life and blood, for which they had neither authority nor Law by divine Institution, therefore they sought the help of Felix, Festus and the Roman Deputies; so Lysias wrote to Felix, Act. 23. 29. I perceived Paul to be accused of questions of their law, but to have nothing laid to his charge worthy of death, or of bonds: Now it is clear the Roman Deputies thought not any accusation for the Jewish Religion a matter of death and bonds, and therefore Gallio the Deputy of Achaia, Acts 18. 14. saith to the Jews, if it were a matter of wrong and wicked lewdness, O ye Jews, reason were that I should bear with you. 15. But if it be a question of words and names, and of your Law, look ye to it, for I will be no judge of such matters; Ergo, to the Romans, all the blasphemies of the Jewish law was not a matter of wicked lewdness, nor of death: Now the story is clear, they were seeking Paul's life, and for names and words, the Jews should not reach Paul, nor move the Romans to put to death a Roman, except they could prove sedition or treason against him; and Acts 25. Festus saith to Agrippa, That the Priests and Elders desired to have judgment against Paul. 18. But against him they brought no accusation of such things as I supposed. 19. But had certain questions against him of their own Superstition, and of one Jesus, who was dead, whom Paul affirmed to be alive: Here it is clear, all are but words, nothing worthy of death, which the Jews chiefly intended; therefore they accuse him of treason, as we may collect from Paul's Apology, Acts 25. 8. Neither against the Law of the Jews, neither against the Temple, nor yet against Caesar have I offended anything at all. Therefore Act. 24. Tertullus a witty man burdeneth Paul with that which might cost him his head, v. 5. For we have found this man a pestilent fellow, a mover of sedition amongst all the Jews, throughout all the world, see Acts 21. 38. of all which, though blasphemy according to the Jewish Law was something, yet sedition to the Romans, who only now had power of Paul's life, was all and some; and when the Deputies counted so little of Religion, the Jews knew sedition and treason against Caesar behooved to do the turn, and Paul, seeing they pursued him for his life, appealed to Caesar to be judged in that. Now, except the adversaries prove that Paul referred the resurrection of Jesus, and of the dead, and his preaching Christ, and the abolishing of sacrifices, the Temple, the Ceremonial Law, to be judicially determined by Nero as by the head of the Church, they prove nothing against us: Hence their chief argument is soon answered; in what cause Paul was accused of the Jews, in that he appealed to Caesar: But he was accused not for his sedition, but for his Doctrine, Act. 26. 18. Ergo, Paul appealed to Caesar in the cause of Doctrine, not of sedition: For, 1. The Major is dubious, for in what cause he was accused of his head, which was the intent of the Jews in that he appealed, true; but in what cause he was accused, in all and every Article of the points of his accusation and challenge, I deny that; for as touching doctrinals, and his being judged by a lawful Church, and rightly constituted, he appealed neither from the Sanhedrin, nor from Festus, but declined Festus, nor in these did he appeal to Caesar; he only appealed in all cases, which might concern his head and blood. 2. The assumption is false, for he was accused of sedition, as is evident from Act. 25. 8. and 24. 5. 3. Though the Priests and Elders were most corrupt men; yet that they believed, that Caesar, or bloody Nero his lips should preserve knowledge, and that the Law should be sought from the mouth of Nero, as the head of the Church, can never be proved, which must be proved to justify Paul's appeal in the terms of the adversary.

Ans. If his dominions be the Christian Churches conquered by his sword, he may accuse as he conquered, that is he may oppress the consciences of men in accusing, as he oppressed them in their bodies and liberties in the conquering of them: But he may not as a conqueror accuse them for their conscience, he may if he conquer those that worship Satan, cause instruct them in all meekness and lenity: But this he doth by the sword as a Christian ruler, to enlarge the dominions of Christ; for when •• conquereth their bodies, it is not to be thought that he conquereth their souls, or acquireth any new dominion over their cons • i • nces: But though he do as a Magistrate command them to be instructed, I doubt if he have a negative voice in imposing any Religion that he will, though they be heathens, though some learned Divines say be have a definitive voice, in setting up what Religion he will or tolerating it; I conceive, though he have a definitive voice in erecting the only true Religion in his heathenish dominions, when there be no Ministers of the Gospel there; yet not for any false Religions, that being of perpetual truth, God never gave authority or power of the sword to do ill, ad malum non est potestas: what other things Videlius and Vtenbogard have on the contrary, are answered: Hence we ask, 1. If the intrinsical end of judging and censuring Ecclesiastically, be not the enlightening of the mind, the gaining of souls; and if Nero, or Christian, or Heathen Magistrates, be appointed for that spiritual end? 2. If Paul aimed to refer the judging of the Gospel to Nero? 3. If Paul knowing the Sanhedrin sought his blood, not the gaining of his soul, might not appeal to the Magistrate to save his life? 4. If it was not the Law of natures dictate in Paul so to do, and not any positive constitution of the Magistrates Headship over the Church and Gospel? 5. If the Ecclesiastical judicature will swell without its sphere of activity, to dispose of the life and blood of the Saints; if then the state of the question be not changed; and if then it be not lawful to appeal and decline, and provoke to the civil Magistrate?

4. Moreover Paul appealed not to Caesar, in ordine ad censuram au • pen • m Ecclesiasticam▪ in order to a Church censure, as if he thought Caesar should principally excommunicate and cast him out of the • ynagogue, or judge him in an Ecclesiastical way, whether he had done or preached against the Temple, and Law of Moses or not, which must be proved, if the adversaries will prove a proper appeal from the Church to the Prince, which is now our question. All this which is our mind is well explained by our Countryman John. Cameron. prelectio, in Mat. 18. 15. p. 151. Christiani principes sunt precipui in Ecclesia in sensu diviso, sunt precipui et sunt in Ecclesia, non in sensu conjuncto, non sunt prec • pui Ecclesiastici: Non enim obtinent principes direct authoritatem Ecclesiasticam, sed indirecte▪ non quod velimus ulla in causa ullum eximi jurisdictione principis, sed quia ejus jurisdictio non nisi per media Ecclesiastica pertinet ad conscientiam, nempe, princeps non predicat Evangelium, non ligat et solvit peceatores, at de officio principis est dare operam, ut sint qui predicent Evangelium, ut sint qui ligent et solvant peccatores, uno verbo perinde principis est curare salutem animarum, ac eiusdem est saluti corporum prospicere, non est enim principis providere ne morbi grassentur direct, esset enim medicus, at indirecte princeps id studere debet, Itaque Collegium Magistratuum nullo modo Ecclesia dici potest, imo quatenus Magistratus est de Ecclesia, subjicitur hac in parte Collegio Ecclesiastico neque tamen ista inter se pugnant, idem ut imperet Collegio Ecclesiastico, et pareat idem, imperat enim quemadmodum medi • o imperat Rex, paret ut medicao, nam si medicum facientem officium morte multet, non faciet quod decet sapientem principem, sed quod faciunt furiosi et insani, sin veneficum assiciat extremo supplicio, faciet quod jus et fas, et quod non facere ne • as esset. Sic imp •• reges et insani prophet as jusserunt interfici, pius Rex et idem sapientissimus David Nathanem exosculatus est, Ceterum accipiatur Caute parendi verbum, Rex enim cum senatui Ecclesiastico paret, non paret illi obedientia civili quae Collegium respiciat, sed obedientia Religiosa que deum respiciat. Sic qui lictori misso a senatu parebat non parebat lictori, sed senatui. Yet it cannot be denied, but the same Cameron ascribeth more to the Magistrate then is due, for there is no reason why he saith the Prince obeyeth the Church improperly, more then the people; for it is the same obedience that Prince and people yield, 2. He denieth that the Magistrate and Pastors differ in their end and object, but only in the way and means leading to the end; and in the same doth that learned Divine Dav. Pareus, though both be against the Erastian way: for they say the Magistrates end and object, is not only peace and the good of the body, and of the external man, but also of the soul even a supernatural good, the external salvation of men, because the Kings of Israel and Iud • ls were to read the book of the Law, and they only did reform Religion: Ans. This doth prove that the Church-teachers and Magistrate differ not in the material object and end, (of the Jewish Kings I add nothing to what I have answered before) but in the formal end and object they differ: Its true, I have said that the intrinsical end of the Magistrate is a supernatural good: But, 1. That I speak in opposition to the Author of the bloody Tenent, to Socinians, and such as exclude the Magistrate from all meddling with Religion, or using of the sword against Heretics, Apostates, and Idolaters. 2. That I understand only of the material end, because the Prince punishing Idolatry, may per accidens, and indirectly promote the salvation of the Church, by removing the temptations of Heretics from the Church; but • e doth that, not in order to the conscience of the Idolater, to gain • is soul, (for Pastors as Pastors do that) but to make the Church quiet, and peaceable in her journey to life eternal: but all this is but to act on the external man by worldly power.

But saith Cameron, it is not true that the Church must meddle with every sin that is scandalous; because for the circumstance it may be so hid, that the Church cannot judge it, especially in a matter of fact: A Physician killeth a man either of temerity or negligence, there is no question but it is a great sin; yet the trial of this belongeth not to the Church: so the Pastor may exhort the Magistrate to do his duty, but to give judgment what way the King should do this, and when he sinneth in this, belongeth to him who governeth the Common-wealth; for this must be true, eredendum est artifici in sua art, You must believe every man in his own Art and calling, otherwise great confusion should follow.

Ans. Observe that Cameron doth liberate the Magistrate from being subject to the rebukes of Pastors, but by accident; because the sins of Princes are hidden in the dark obscurity of intricate causes which they judge: But so the sins of Painters and tradesmen are hid, because judges see not the mysteries of trades. This is no Argument, but such as will equally prove, that the poisoning of a Kings son, belongeth not to the King and Parliament; for a medicinal and physical trying, how the Physician killeth a man, doth properly belong to the College of Physicians; and if it belong not for this physical reason to the Church court, because it is not their Art to judge of medicinal potions, no more shall it belong to the civil judge to try this murder by poison: for as Pastors as Pastors are not Physicians, and so cannot judge of the fact; so Kings and civil judges, as such, are not Physicians, and cannot judge for circumstances of a fact of incest, murder, parricide, and of all sins acknowledged to belong to both Church and Magistrate, in divers respects, may make the fact equally dark to all. 2. It is true Pastors cannot prescribe what way the Magistrate should judge; but if the Pastors cannot determine in hypothesie, that this is a fact of unjustice in a judge, and so rebuke, but credendum artifici in sua art, we must believe the judge in his own Art, he saith this is an art of justice: then Isaiah and Jeremiah should not cry out against unjust decrees, against crushing and oppressing the poor in the gate; because the wickedst judges say, all their decrees are just, they defend the fatherless and widow, and do not crush them, and Pastors cannot rebuke the sins of unjust judges, but you must believe they do just and right in their own art; yea, many villainies and scandals are carried so mysteriously, and in the clouds, that we must believe the sinner in his own art and trade of sinning, and believe the harlot, who wipeth her mouth and saith, I have not sinned. For the practice of Constantine the Great, in the cause of Donatus and Cecilianus I remit to Eusebius l. 10. c. 5. to Optatus Melivitanus who wrote the History of the Donatists carefully, to Augustine Epistle 162. and for the determination of the question, see what the Emperor writeth to the Council of Nice, Zozome l. 1. c. 16. Ruffin. l. 1. c. 2. Eusebius in vita Constant, Deus vos constituit sacerdotes et potestatem vobis dedit de nobis quoque judicandi et ideo nos a vobis recte judicamur, vos autem non potestis ab omnibus judicari, propter quod Dei solius inter vos exspectate judicium, &c.

That Nectarius was chosen and ordained Bishop of Constantinople by Theodosius Socrates l. 5. c. 8. saith not, but by the contrary a centum et quinquaginta Episcopis qui tum aderant ordinatus. Theodoretus l. 5. c. 8. saith he was designed Bishop by the Synod of Constantinople: Antiquity seemeth dubious in it, for Nicephorus l. 12. c. 12. Zozomen. l. 7. e. 8. Theodoretus. l. 5. c. 9. Historia tripartit. l. 9. c. 14. say that the Emperor ordained him, the Synod named him; the truth is, the Bishops were divided in judgment; and its like they referred the matter to the godly Emperor: In the mean time Athanasius Epist. de solit vita, Ambrose. l. 5. orat ad auxentium, and l. 5. Epist. 32. ad valentinianum. Zozomen l. 6. c. 7. Concilium Toletanum. III. Concilium milevitanum. and divers others which I have cited elsewhere, make the Emperor a Son of the Church, not a Head and Lord, intra Ecclesiam, filium Ecclesiae, non judicem, non dominum supra Ecclesiam: I might add Augustine, Epist. 48. 50. 162. l. 1. de doctr. Christ. c. 18. Cyril. Alexandrinus in an Epistle to the Synod of Antioch, all Protestant Divines of note and learning.

Quest. 23.

IT is most unjustly imputed to us, that we lay a Law upon the conscience of the Magistrates, that they are bound to assist with their power, the decrees of the Church; taking cognizance only of the fact of the Church, not inquiring into the Nature of the thing.

This Doctrine we disclaim, as Popish and Antichristian: It hath its rise from Boniface the III. who obtained from Phocas a bloody tyrant, who murdered Maurice and his Children, as Baronius confesseth: and yet he saith of this murderer optimortum imperatorum vestigia sequutus, he made an Edict that the Bishop of Constantinople should not be called Ecumenic nor universal Bishop; but that this should be given only to the Bishop of Rome: So Baronius yieldeth, this tyranny was enlarged by Hildebrand, named Gregorius the seventh, a monster of tyrannical wickedness, and yet by Papists, he is sanctitate et miraculis clarus, Baronius extolleth him, these and others invaded both the swords: Bishops would be civil judges, and trample first upon the neck, then upon the consciences of Emperors, and make Kings the horns of the beast, and seclude them from all Church businesses, except that with blind obedience, having given their power to the beast, as slaves they must execute the decrees of the Church. Paul the III. the confirmer of the order of Jesuits, who indicted the Council of Trent, as Onuphrius saith, up braideth Charles the V. for meddling with Church business: They write that Magistrates do not see in Church matters with their own eyes, but with Bishops eyes, and that they must obey without examining the decrees of Councils; and this they write of all subject to the Church, Toletus in Instruct Sacerd • t. l. 4. c. 3. Si Rusticus circa articulos fidei credat suo episcopo proponenti-aliquod dogma hereticum, mor • tur in credendo, licet sit error▪ Card. Cusanus excit. l. 6. sermon. obedientia irrationalis est consumata et perfectissima obedientia sicut Iumentum obedit domino. Ib. sententia pastoris ligat te, pro tua salute, etiam si injusta fuerit: Envy cannot ascribe this to us, Calvin, Beza, yea, all our writers condemn blind obedience as brutish: But our Adversaries in this are more Popish, for they substitute King and Parliament in a headship over the Church, giving to the King all the same power in causes Ecclesiastic, that the Pope usurped. 2. They make the King a mixed person, to exercise spiritual jurisdiction, to ordain Bishops, and deprive them; and Mr. Prinne calleth the opinion of those who deny Ecclesiastical jurisdiction, legislative (a high word proper to God only) coercive power of Christian Emperors, Kings, Magistrates, Parliaments, in all matters of Religion, (what, in fundamental Articles of salvation?) Church-government, Discipline, Ceremonies, &c. Anti-monarchical, Anti-parliamentarie, Anarchicall, as holden by Papists, Prelates, Anabaptists, Arminians, Socinians, &c. Its that which Arminians objects to us, and calleth the soul, heart, and form of papal tyranny.

But that the Magistrate is not obliged to execute the decrees of the Church, without further examination; whither they be right or wrong, as Papists teach that the Magistrate is to execute the decrees of their Popish councils with blind obedience, and submit his faith to them; because he is a layman, and may not dare to examine, whether the Church doth err, or not, is clear; 1. Because if in hearing the word, all should follow the example of the men of Berea, not relying on the Testimony of Paul or any preacher; try, whether th •• which concerneth their conscience and faith, be agreeable to the Scriptures or no, and accordingly receive or reject; so in all things of Discipline, the Magistrate is to try by the word, whether he ought to add his sanction to these decrees, which the Church gives out for edification, and whether he should draw the sword against such a one as a heretic, and a perverter of souls: But the former is true, the Magistrates practice in adding his civil sanction, and in punishing herericks concerneth his conscience, knowing that he must do it in faith, as he doth all his moral actions; Ergo, the Magistrate must examine what he practiseth in his office, according to the word, and must not take it upon the mere authority of the Church; else his faith in these moral acts of his office should be resolved ultimate on the authority of the Church, not on the word of God, which no doubt is Popery; for so the warrant of the Magistrates conscience, should not be, Thus saith the Lord, but Thus saith the Church in their decrees. 2. The Magistrate and all men have a command to try all things; Ergo, to try the decrees of the Church, and to retain what is good, 1 Thes. 5. 21. To try the spirits even of the Church, in their decrees, 1 Joh. 3. 1. 3. We behooved to lay down this Popish ground, that 1. The Church cannot err in their decrees. 2. Its against Scripture and reason, that Magistrates, and by the like reason, all others should obey the decrees of the Church with a blind faith, without inquiring in the warrants and grounds of their decrees, which is as good Popery, as, Magistrates and all men are to believe as the Church believeth with an implicit faith, so ignorance shall be the mother of Devotion; whoever impute this to us who have suffered for non-conformity, and upon this ground that Synods can err, refused the Ceremonies, are to consult with their own conscience whether this be not to make us appear disloyal & odious to Magistracy in that which we never thought, • ar less to teach and profess it to the world. 4. Their chief reason is, the Magistrate by our doctrine, by his office, is obliged, 1. To follow the judgment of the Church, and in that he is a servant or enslaved, Qui enim judicia aliorum sequi tenetur, is non regit, sed regitur, adeoque servus est, & mancipium brutum eorum, quorum judicium sequi obligatur, and the Magistrate (say they) as such, is neither to judge nor try what the Church decrees, but as a Burrio, or Hangman to execute that which the Church hath decreed. But 1. I put it in form, and retort it thus, They are servants and slaves who are obliged not to despise, but to hear and obey, and so to follow the judgment of the Prophets, the faithful Pastors of Christ, preaching the Word of God soundly and Orthodoxly.

But not only Magistrates, but all within the visible Church are obliged, not to despise, but to hear and obey, and so to follow the judgment of the Prophets, the faithful Pastors of Christ preaching the Word of God soundly and Orthodoxely; Ergo, Magistrates and all within the visible Church are slaves and servants.

But the conclusion is absurd; Ergo, some of the premises, but the Assumption is the word of God, Judah was carried captive, because they would not hear the Prophets rising early in the morning and speaking to them: Also in the New Testament, this is true to the second coming of Christ, He that heareth you, heareth me, he that despiseth you, despiseth me. And this, He that will not obey the servant of the supreme Magistrate, in that wherein he is a servant, and holdeth forth the Lawfull commands of the supreme Magistrate, he will not obey the supreme Magistrate: The Major proposition is the adversaries, the assumption is express Scripture; let them see then to the conclusion. 2. When the adversary shall answer this argument with equal strength made against preaching and hearing the word, they will answer their own argument made against Church-government. 3. This argument is made against Synods Popish, that cannot err▪ as our Protestant Divines object; and therefore the adversary is Popish here, not we: Thus they are servants and slaves who are obliged to follow the judgment of Councils absolutely, without limitation; and because they say it, whether they warrant their decrees by the word of God, or not, that is a true Major proposition: But now the assumption is most false, for neither Magistrates nor any other, are to follow the judgment of the Church absolutely without limitation, and because they say it. The other part is, they are servants and slaves, who are to follow the judgment of the Church and Councils, with a reserve, and a condition, and limitation, in so far as they agree with the word; now the Major is false.

2. He that is obliged to follow the judgment of another, does not rule, but is ruled, true, in that in which he followeth the judgment of another; the Magistrate in so far as in matters of Religion, that concerneth his conscience, faith, and practice, he followeth Pastors; he is not a ruler formally to those whose judgment he is obliged to follow: But in civil matters he may be, and is a ruler to those same; for we answer to Papists who by this same argument would prove, that Churchmen are not subject to the Magistrate, nor to civil Laws: He that is a sheep, is not to rule and command his shepherd; but the Magistrate is a sheep and a member of the Church, and Pastors and Doctors are shepherds: We answer, in divers considerations a Magistrate as a Magistrate in civil things, is not ruled by Pastors and Doctors, but he is to rule them: But a Magistrate as a member of the Church, as a Christian in things that concerneth his conscience, is a sheep and to be ruled, not a ruler to Pastors and Doctors, and so here; and therefore, non concluditur quod est 〈 in non-Latin alphabet 〉 .

3. The adversaries are to answer this also; for if Pastors and Doctors be as such, but servants under the Magistrate; and if he have that same Architectonica potestas, that same supremacy and headship in Ecclesiastical matters, as in civil matters, to command alike in both by the same power: Then, 1. The Pastors and Doctors are obliged to follow his judgment, without appeal or examination, and they are servants and slaves, and ruled, and not 〈 in non-Latin alphabet 〉 not over the Magistrates as Christians, neither over the people in the Lord. 2. The Elders as Elders, are not to examine what the Magistrates as Magistrates command in Ecclesiastical matters or in Religion, they may possibly not as Elders but as as Christians, judge with the judgment of discretion, as all other Christians may do; For Videlius, Erastus, and other Adversaries say, the Magistrate may not command what he pleaseth; for in Church matters he may command but according to the rule of the word, and in civil matters according to equity, justice, and prudence. True: But, 1. The Magistrate as supreme head of the Church, is by office, to judge what government of the Church is most agreeable to the word, what is sinful, Antichristian, and tyrannical; and the Magistrates lips in thus judging, as he is a Magistrate, and not the Pastors are to preserve knowledge; and both Pastors as Pastors, and the people as members of the Church, and as they may worship and serve God in this government, or may sin, are to seek the Law at the Magistrates mouth, and directions for their conscience from him, as from a Magistrate, and not as from a Christian, not from Pastors as Pastors that handle the Law. And if the government as a way of serving God, may be prescribed and held forth to the consciences of all by the Magistrate as the Magistrate; by the same reason all the ways of God, in which the Church of Ephesus, Pergamos, Thyatira, may so approve themselves to Christ, and as he is to walk in the midst of the Golden Candlesticks, and as a Magistrate, he is to forbid such sins in Government, as may procure the removing of the Candlestick; and why may he not by the same reason, hold forth to their conscience all the other parts of the Gospel? If any say, who can deny but the Magistrate as the Magistrate may command that which is obedience to Christ, and reward it, and forbid sin and punish it?

Ans. But the Magistrate as such, forbiddeth not sin as sin, for then as a Magistrate he should forbid sin under the punishment of eternal wrath, which he cannot do as a Magistrate, he only can forbid sin under the pain of his temporary punishment, which he can inflict, and as it disturbes societies, and incorporations.

Ans. I utterly deny this consequence: For 1. the Magistrate may serve Christ as Christ, and promote and advance the Kingdom of Jesus Christ as Mediator, when he contributes his power to those things that materially conduce to a supernatural end, though he do not contribute anything that formally conduceth to such an end. 2. So you may say a Christian Husband as a Husband; a godly Physician, as a Physician, a Printer who printeth the Bible, do nothing serviceable to Christ as Christ, and in promoting Christ's Mediatory Kingdom, when the one begetteth children, that being borne in the visible Church are made heirs of the Kingdom of Christ; and the other when by his Art and skill he preserveth the life of a godly and zealous Preacher: The third, when by his Art he publisheth in print the Testament of Christ; the Physician doth somewhat as a Physician that is serviceable to Christ as Mediator, yet (I hope) it is no Ecclesiastical business to restore to health a godly Minister; nor to beget a child who is made an heir of Grace, nor to print the Bible; so a Philosopher as a Philosopher doth convince one that worshippeth bread, that the man leaveth his error, and this is materially service to Christ, and a promoting of Christ's Mediatory Kingdom; but neither Husband, Physician, Printer or Philosopher, are in these acts, the Vicars and Deputies of Jesus Christ, as the Magistrate is holden to be by the Adversary: Nor 2. do they as Ecclesiastical persons formally advance the kingdom of Christ as do the preachers of the Gospel, far less more principally do they advance Christ's Kingdom, as the Magistrate is supposed to do. Nor 3. hath their thus promoting of Christ's Kingdom any influence upon the conscience as the Magistrate must have, if he forbid sin as sin; now the Magistrate as such, doth nothing to promote formally the mediatory Kingdom of Christ, for he may do, and doth all he doth as a Magistrate; yea suppose he were a Turk set over▪ Christians as their Magistrate granting that Christ was a true Prophet, yet may he as a Magistrate, punish those who shall teach that Christ was a false Prophet and an impostor, and though his Magistratical acts be serviceable to Christ materially, yet not formally. 1. Because this Magistrate denieth Christ to be the Savior of the world, and yet as a Magistrate he justly punisheth the man that blasphemo • sly calleth Christ a deceiver, and an impostor. 2. Because as a Magistrate he believeth him not to be God, and so ex intention operantis, he punisheth him not for a wrong done to Christ as Christ, and as the Savior of mankind, but as a wrong done to the common wealth, and as a disturber of the peace thereof; Hence these Propositions touching the Magistrates relation to the Mediator Christ and his Church.

Propos. 1. The Magistrate as a Magistrate is not the Vicar nor Deputy of Jesus Christ as Mediator; 1. Because this is the heart and soul of Popery, that the Papists teach that Christ as Mediator hath left a temporal, an earthly and visible Monarch as his Vicar on earth. Now that learned and singular ornament of the Protestant Churches, Andreas Rivet hath well said, Christ hath instituted neither Kings nor Princes in the Church as his successors, nor any Vicars with a domination, but only Ministers and Servants, who are to discharge their Embassage, in the Name of the only Prince Christ; for an Embassage cannot institute other Ambassadors, either Kings or Princes, but only Ministers, who do serve, not reign in the Kingdom of Christ, he himself only reigns; the Servants of this great King promote the Kingdom of their Prince, nor do they ever usurp the royal power. Yea, all the arguments of Protestants that are brought to prove that the Pope, a Bishop, and a Church man▪ because he is a Bishop and a Steward in the Church, and in Christ's spiritual Kingdom that is not of this world, cannot be an earthly Prince and Monarch having power either directly or indirectly in ordine ad spiritualia, to dispose of Kingdoms and crowns, and enthrone and dethrone Kings, do also prove that the King cannot be head of the Church, nor the Magistrate an Officer of the Church. Do not Protestant Divines condemn that blasphemous speech of Cardinal Bertrandus, that Christ who was a temporal Lord on earth, should not seem a discreet and wise Prince, if he had not left a Temporal Vicar behind him in the Church, and that of Armacanus to be false; that Christ by birth was the true King of Judea, and so a Temporary Prince, hence (say they) there should be a temporary Prince, and an earthly Monarch, the successor of Christ as King and Mediator. This Becanus the Jesuit maketh a special ground of the Popes Headship of the Church, and for this Suarez disputeth; yea, the Jesuit Aegid. Conninck saith, It is the common and received opi ••• n of all the (Romish) Doctors, that Christ as man hath a true Kingly power, and a direct dominion over all the Kingdoms of the world, to give them laws, and to exercise all Kingly power over them, though de facto he abstained from it; and is not upon this pillar built the Popes Supremacy? and that which Augustinus de Ancona saith, Idem esse dominium dei & Pap • , it is the same dominion which God and the Pope hath, because it is the same jurisdiction of the Ambassador, and of the Lord who sent him? I deny not, but many Papists give to Christ an indirect Kingly power, and to the Pope they give the same indirect power in ordine ad spiritualia, as Vasquez, and Pet. Waldingus and others; but this we say; if Jesus Christ forbid a preacher of the Gospel remaining a preacher to be a civil Magistrate or temporal Lord, as he doth both by precept and and practice, Luke 22. 24, 25, 26. and 12. 13, 14. John. 18, 36. and 6, 15. then upon the same ground he must forbid the civil Magistrate to be a Church Governor, as if God should forbid a Physician to be a Painter, (because the two callings cannot lawfully consist in the person of one man) he should also forbid a Painter to be a Physician; then the Arguments against a Monarchy and Magistratical power in the Bishop of Rome, must fight against any Ecclesiastical power in a Magistrate, if then the Pastors do as Pastors, rebuke, exhort, excommunicate, and censure, as directly subordinate to the Magistrate, then Pastors as Pastors discharge their office as inferior and under Magistrates, and so they partake in so far of a temporal dominion, being direct instruments under Temporal Lord's; and if the Magistrate as the Magistrate do command them to dispense Word, and Sacraments and discipline, and make and unmake Pastors, and regulate and limit them, and make Laws to them, then the Magistrate as the Magistrate doth partake of an Ecclesiastical jurisdiction, and both are forbidden by Christ in the places cited. 2. If the Magistrate be the only supreme Church Governor under Christ, the government of the Church must be a visible Monarchy, and the Magistrate must have both the Swords, Temporal and Spiritual, and Christ's Kingdom must be of this world, and the weapons thereof carnal to fight for Christ, and the supreme Churchofficer as such must bear the Sword, be a valiant man of war by office, and Christ's Kingdom must be not of this world, and the weapons thereof not carnal, but spiritual, Joh. 18. 36. 2 Cor. 10. 4, 5. and the supreme Church-officer must be no striker, no fighter, no man of war, no sword-bearer by office, which are contradictory. 3. We prove the Pope to be no Vicar of Christ, because we read not in the Word of any such Vicar, nor do we read anything of a supreme Church-officer, who is the Vicar of Christ. 4. No spiritual Ambassador as such, can substitute other Ambassadors with Majority of power, that he hath in his Name to dispense Word, Sacraments; and Discipline; nor can one great Ministerial Church-head create lesser Ministerial Church-heads, such as Justices, Majors, Sheriffs, Bailiffs, Constables, no more then the High Priest could substitute in his place other little High Priests, if he were sick and absent, to go into the Holy of Holiest with blood once a year, no more then the Apostle Paul immediately called of God can substitute other lesser Apostles immediately called of God to act as lesser Apostles, but limited by the higher, in the exercise of power; nor can these lesser Apostles create other Apostles yet lesser, and these in a subalternation yet lesser, while you come as low as a Constable, as the King doth send lesser Kings endued in part with his Royalty or Judges under him, and those Judges may appoint other Judges under them; and because the whole visible Catholic Church hath an external visible policy, if Ecumenic councils have any warrant in the word, then ought Christ to have instituted one civil Emperor over all the Churches on earth, to convene Ecumenic Synods, to preside in them, to limit and regulate them, to make Laws to all the world; and that this is not, it falleth out through man's corruption, but it ought to be according to divine institution, no less then every single Magistrate is by institution the head of every particular Church, endued as our adversary say with that supreme power under Christ the mediator, that they call Potestas Architectonica, the headship of the Church.

Proposi. 2. The Magistrate as such is not a Vicar of Christ's mediatory Kingdom, 1. Because then as the Magistrates are called God's 〈 in non-Latin alphabet 〉 in Scripture, Exod. 21. 6. Psal. 82. 1 John. 10. 34, 35. so the Magistrates should be called little Mediators, or submediators, between God and man; little Kings of the Church, little Priests, little Prophets of the Church: for God giveth his name to Magistrates, because he communicateth also to them some of his Majesty and power; now what mediatory, what Princely, Priestly, o • Prophetical power hath Christ communicated to Magistrates as Magistrates: Erastus saith, they may dispense word and Sacraments, if they had leisure: But if they be by office, little mediators, and Pastors under Christ, they should take leisure; for every Magistrate ought to say, woe be unto me if I preach not: And Master Coleman saith, that Christian Magistracy is an Ecclesiastical administration; he must speak of Christian Magistracy formally, as Christian Magistracy, other ways a Christian Tentmaker, a believing fisher was an Apostle; if he mean that Christian Magistracy is a Church officer formally, he might say, it is a Mediatory office, and a Princely and Kingly office under Christ, to give repentance to Israel and forgiveness of sins instrumentally; would Master Coleman teach us how the Magistrates sword openeth the eyes of the blind, converteth men from the power of Satan to God, begetteth men through the Gospel to Christ, as Pastors do; and that formally as Magistrates, we should thank him. 2. Christian Magistracy, if it be a Church or Ecclesiastical administration, then is it formally so either as Magistracy, or as Christian; not as Magistracy, for then all Heathen Magistrates must formally, ho • ipso, that they be Magistrates, be Ecclesiastical persons: so Nero when Rome makes him Emperor, they make him formally a Church-officer, and invest him with power to dispence Word and Sacraments, and Discipline, if he might find leisure for killing of men, and such business, so to do; for quod convenit 〈 in non-Latin alphabet 〉 convenit 〈 in non-Latin alphabet 〉 where doth the Old or New Testament hold forth such an office given by Christ, as a fruit of his ascension to heaven? Where do the Apostles who show us the duty of Magistrates, Fathers, Masters, Pastors, Teachers, Rulers, Deacons, Husbands, insinuate any such office? If as Christian, Christian Magistracy be an Ecclesiastical office and administration: Christianity, 1. Is common to the Magistrate with all other professors, Painters, Merchants, Seamen, Lawyers, Musicians; and no more can Christianity make a heathen formally a Church-officer, then it can make a Painter formally a Church-officer? can faith in Christ, and professing thereof make any to be formally Church-officers? then must all be Church-officers that are Members of the Church, for posita causa formali ponitur effectus formali • : Now Master Coleman saith, The heathen Magistrate as a Magistrate is an Ecclesiastical administration; because (saith he) he should, and ought to manage his power for Christ; as the heathen and uttermost parts of the earth are given for Christ's possession and inheritance, and Christ hath given no liberty to a great part of the world, to remain infidels and enemies to him and his Government: I suppose Christ hath all Nations given to him, and all Nations ought to receive Christ, though as yet actually they do not; God and Nature hath made Magistrates, and these Magistrates thus made, God hath given to Christ: But, 1. The title of Christian added to Magistracy, by this is superfluous, and put in only ad faciendum populum, for Christianity maketh no man formally a Magistrate by M. Colemans way; yet saith he pag. 17. a Christian Magistrate as a Christian Magistrate, is a Governor in the Church: he should say by his way, a Magistrate Christian as a Magistrate, is a Governor not only in the Church, but a Governor of the Church.

Arg. 2. If the Magistrate as the Magistrate be the Vicar and deputy of Christ's mediatory kingdom, then all and every Magistrate as Magistrate by his office, is obliged under the pain of God's wrath, to command that the Gospel be preached, and that men believe and obey Christ as mediator, in all his dominions; that so he may manage his office for Christ: But the latter is utterly false, and contrary to the Gospel; Ergo, so is the former. The Major is undeniable, all service that Magistrates by office do, they sin before God, if they do it not; and so must be obliged under the pain of sin, and God's wrath to do it: And therefore are obliged to command that the Gospel be preached, and that men believe and obey Christ, if by office they be the Vicars and deputies of the mediatory Kingdom. I prove the assumption, These Magistrates amongst the Americans and other Heathen, who never by any rumour heard of Jesus Christ, are essentially and formally Magistrates: But neither are they obliged to command that the Gospel be preached, nor their people they are over, obliged to believe and obey Christ as mediator; because only those to whom Christ and the Gospel cometh, can be guilty of not receiving Christ the mediator, and of not promoting the mediatory Kingdom: Such Magistrates are obliged only with their sword to glorify God the creator, and to punish sins against the Law of Nature, nor are they guilty for not punishing the not receiving of the Gospel, or for sins against the mediator, of whom they never heard; for this is invincible and insuperable ignorance, and can make no man guilty, who never heard nor could hear of the Gospel, according to that, John. 15. 22. If I had not come and spoken to them, they should not have had sin, but now they have no cloak for their sin, Rom. 2. 12. For as many as have sinned without Law, shall also perish without Law, and as many as have sinned in the Law, shall be judged by the Law; Ergo, they that never heard of the Gospel or the mediator, cannot perish, nor be judged for refusing the Gospel; and it were strange, if Magistrates were invincibly ignorant of their office, which is to set up the mediator Christ and his Church and visible Kingdom, if yet they never heard, nor ever could hear of the Word of the Kingdom; for then to do and perform the duties of their office, should not only morally, but invincibly and physically be impossible, and so they should not be obliged to do the duties of their office.

Ans. 1. The Antecedent is denied, for when the heathen Magistrate is converted to the Christian faith, he is not obliged by his office, as a Magistrate to command his people (whom we suppose now to be hearers of the Gospel, and possibly converted also) to believe and prosesse Christ, nor is he obliged as a Magistrate to promote the mediatory Kingdom of Christ, as his mediatory and spiritual Kingdom (he or his sword have nothing to do with spirits or consciences as they are such, nor with the subjects of a spiritual Kingdom) nor can he punish blasphemers of Christ as such: nay, nor can he punish such as sin against God the creator, as they sin against God the Creator, by virtue of his office of a Magistrate, for so formally he commandeth obedience to Christ mediator, or to God creator, and punisheth sins and blasphemies against the mediator, or against God the creator only as such obedience and such blasphemies, may promote the external safety, prosperity, and peace of the civil society, whereof he is head, or may dissolve the sinnues and nerves of that society. What he doth to uphold that society which is a part of Christ's redeemed Kingdom, • e doth it as a Magistrate in a far other Notion then the Pastors and reachers, who by office as spiritual watchmen, are to promote Christ's mediatory Kingdom, as such a spiritual incorporation professing union with Christ the head of the body the Church.

Ans. 1. It followeth not that the heathen Magistrate, being ignorant (while he remaineth in that state) of some acts, which would conduce to the peace and external safety of the State, if the state were Christian, that he is invincibly ignorant of his office; to be unable to exercise some acts of an office not consistent with an heathenish state, can never argue invincible ignorance of the office. 2. The consequence is naught, that because he is ignorant of some acts, and cannot exercise them; that therefore the heathen Magistrate remaining heathen, is by office, and actu primo, an officer and vicegerent of Christ's mediatory Kingdom: for at no time, and in no state, hath the Magistrates sword any influence in the mediatory Kingdom at all, but in so far as the sword may procure external peace to the society of that Kingdom as they are a civil body, which peace he might by office procure by other means then by commanding the Gospel to be preached, or by punishing such as blaspheme Christ: for though the material object of the Magistrates sword be the spiritual Kingdom of Christ, yet the formal object is the natural and civil peace of this Kingdom as a civil society, for to promote spiritual means, and to punish spiritual sins, such as heresy and blaspheming of Christ, do often conduce very much for civil peace. 3. It is false that the heathen Magistrate is unable to exercise his magistraticall power for the mediator Christ through his own sinful ignorance, his not knowing Christ of whom he never heard, is not any sin at all, nor is he obliged to know or believe in him, of whom he never heard, Rom. 10. 14.

Arg. 3. Every Magistrate is 〈 in non-Latin alphabet 〉 an human Ordinance, 1 Pet. 2. 13. and is appointed by God the creator, and by a rational Nature, yea saith Mr. Coleman, God and Nature made Magistrates, he must mean God the Creator and Nature, but I hope God as creator, and Nature made not the Magistrate the head of the Church, the Vicar of the Mediator Christ, this must have its rise from a higher fountain then Nature; Ecclesiastical Offices tend to a supernatural end, Magistracy and human Laws (saith Suarez) is from Nature, and the Law saith, de jure gentium est omnis principatus. That excellent and learned Lawyer, Ferd. Vasquius saith, That all Princedom hath its rise from the secondary Law of Nature, to wit, à jure gentium, from the Law of Nations: Hence Kings, Princes, Parliaments, Judges, Lord justices, Majors, Sheriffs, Constables, &c. in their root are natural, but in particulars, Rulers are from the prudence of human societies, there is a higher institution for Church▪ officers, Eph. 4. 11. they have not their rise from Nature, and therefore that Celebrious and renowned Antiquarie, D. Salmasius in that learned work of his, De primatu papae condemneth the dignity and jurisdiction of Patriarchs above Metropolitans, as flowing from the writs of Princes, and Synodical constitutions of Fathers, not from any Divine Institution, the highest was as Theodoret saith, 〈 in non-Latin alphabet 〉 ▪ Now God as creator and Nature doth not, sure Nature cannot appoint a Vicar of the Mediator Christ, for if the Magistrate be an Ecclesiastical administration, then it must be an office intrinsically supernatural, and intrinsically and directly tending to a supernatural end; now the Papists for shame do build their head of the Church upon a divine institution, and on Christ's words, Thou art Peter, and on this rock I will build my Church, and I will give to thee the keys of the Kingdom of heaven; Christ never said any such thing to a Magistrate; and if the Magistrate be an Ecclesiastical administration, and the head of the Church, and the Vicar of Christ as Mediator, he must have more then this, and the keys of the Kingdom of God must be given to him above Peter and all the Apostles, for all Church-officers act their part as such, à & sub Magistratu, from and under the Magistrate, as his Vicars, so as the Magistrate in America who lived and died never hearing of the Gospel, nor of his Lord Mediator, is yet by office the Vicar of the Mediator, and obliged as a Magistrate though a mere heathen to believe in him of whom he never heard, if the adversary say right, which is unpossible, Rom. 10. 14. But saith Mr. Coleman, If Christ be rightful King of the whole earth, where did Christ grant a liberty to a great part of the world, to remain Infidels and enemies to him and his Government?

Arg. 4. In Answer to which, I draw a fourth Argument; All the Heathen Magistrates who never heard of the Mediator Christ and the Gospel, cannot by office be the Deputies and Vicars of the mediatory Kingdom, for they are not the professed subjects of Christ as Mediator, nor given to him as his possession and inheritance, neither actually, nor in God's decree; for thousands of them lived and died without Christ or any obligation to believe in, or serve the Lord Jesus as Mediator, for if Christ be not their rightful King as Mediator, nor their King at all as Mediator, they cannot be his subjects as Mediator, far less can they be his Deputies and Vicars by office of his Kingdom; but Christ is not King as Mediator in any sort or title of such as are Heathen Magistrates, for as Mediator he is neither King, titulo & jure acquisitionis, nor efficaci applicatione, neither merito, nor efficacia, he neither gave a price as Mediator to buy them, because the adversaries then must say, that Christ is so King of the whole earth, as he hath died for all and everyone of mankind: nor are they his subjects so much as in the profession of the word of his Kingdom, for they never heard it; if the Adversaries can say that Christ died for all and everyone of mankind, and so for these Heathen Kings, I can refute this Article of Arminianism; and though Christ had died for them, yet are they not subjects in so much as in profession, and so in no capacity nor obligation to serve with their sword, Christ as Mediator, for they are not in that state obliged to believe in him, nor to know him as Mediator; how then are they obliged by office to serve him as Mediator, except he had revealed himself to them in the Gospel? Hence I need not prove that Christ is their King by efficacious applying of the merits of his death to them, nor can any say this Argument may prove that Pastors by office are the Ambassadors of Christ, because they are not all the subjects of Christ given to him as Mediator, either in the decree of Election, nor actually redeemed; for many Pastors who are by office the Ambassadors of Christ as Mediator, are Reprobates, as was Judas and others; for the Argument is not drawn from any saving claim that heathen Princes who never heard of Christ hath to Christ, but it is drawn from no claim at all, no not so much as in profession; now this claim in profession all Pastors have, else they cannot be Pastors.

It is doubtsome that Master Coloman saith, and not to a purpose, That Christ granteth not a liberty to the greatest part of the world, to remain infidels and enemies to him and his Government: For thus he giveth them a liberty negative, so as they are not obliged to believe a Gospel that they never heard, nor is their negative infidelity a sin, for which they are condemned: they are condemned, Because they glorify not the Creator as God, Rom. 1. 21. And do not the things of the Law, that are written in their hearts, Rom. 2. 12. 14. Mat. 25. 42, 43, 44. And in this sense God giveth to them liberty to remain infidels, but he giveth them not liberty positively to remain infidels and enemies to Christ, that is, he willeth not voluntate signi; that they should live in a sinful course of unrenewed nature; but they are not positively enemies to Christ and to his Government, who never by the least rumour heard of Christ or his Kingdom or Government: Hence all our Divines say, that privative unbelief of those that hear the Gospel, doth condemn, but not the negative unbelief of those who never heard the Gospel: Thus the adversaries must say, except they with Arminians, and especically with Moses Amyrald teach, That there be two ways of preaching Christ, and two sorts of faiths in Christ, one of those that hear the Gospel, and another of those who are to believe in Christ, though they never hear of, or know any letter of the Gospel, who yet by the book of creation and providence are obliged to believe in Christ, which were an irrational obligation, Rom. 10. 14.

Arg. 5. All power mediatory in Heaven and in earth, that is given to Jesus Christ as Mediator, is all spiritual, all Ecclesiastical power; and therefore Christ upon this receipt of all power, Mat. 28. 18. draweth a conclusion, v. 19. 〈 in non-Latin alphabet 〉 , &c. Go • ye therefore and teach all Nations, &c. but a Kingly power of this world by carnal weapons, and by sword to fight, is not given to Christ mediator; for he denieth expressly, John. 18. 36. that he hath such a Kingdom as Mediator, or that he was instructed with the sword as Mediator, Luk. 12. 13. Now as God and Creator of the world, Christ could not deny but he had a Kingdom worldly, and that he hath a regnum potentiae, an universal Kingdom of power, as Lord of Hosts; to dispose of all the Kingdoms of the world, and to rule amongst the children of men, and to rule over the children of men, and to give them to whomsoever he will, Dan. 4. 25. & 8. 18. • er. 27. v. 6, 7, 8, 9. Psal. 24. 1. Psal. 50. v. 12. Nor is this Kingdom and Power given to Christ, nor is he made Prince and a King as God; but as Mediator to give repentance to the House of Israel, and forgiveness of sins, Act. 5. 31. I grant it is said, Phil. 2. 9. God hath highly exalted Christ, and given him a name above every name, that at the name of Jesus every knee should bow, of things in heaven, and of things in earth, and things under the earth. What? doth not this (say the adversaries) comprehend a royal power given to Christ? and hath not Christ from this power to substitute Magistrates in his place, as his vicars under him, and as little mediators? I answer, it doth in no sort follow: for that is a spiritual power, as is clear, Rom. 14. v. 9. For to this end Christ both died, and rose, and revived, that he might be Lord both of dead and living, v. 11. For it is written, as I live saith the Lord, every knee shall bow to me, and every tongue shall confess God: So it is clearly expounded of Christ's exalting at the right hand of God, Act. 5. 31. for spiritual and supernatural ends, I grant as Mediator and King he breaketh his enemies, Devils, and men, Psal. 2. 9. With a rod of iron, and dasheth them in pieces like a potters vessel, and maketh his enemies his footstool, Psal. 110. 1. But that is no carnal power, such as earthly Kings useth, it is a spiritual power, for the reason is given, ver. 2. The Lord shall send the rod of thy strength out of Zion: By which v. 5. as a great Anti-royalist, He strikes through Kings in the day of his wrath: Now Christ as Mediator sendeth not out Kings and Princes to conquer souls to him with their sword: Renowned Salmasius saith, When Christ sent his Apostles first to preach the Gospel, and to lay the foundation of the Christian Church, did he send out with them lictors, pursevants, men of war with a bundell of rods, and with axes to compel men to come in to his Kingdom? Commanded he to smite them with swords and axes, who would not receive the Gospel? No, yea he would not have them to take with them a staff, a scrip, or shoes: But though Christ subdue all his enemies, Devils, and wicked men, it shall never follow that Christ is for that, King and head of Devils, and wicked men: For Christ is as Mediator King and Head, or mediatory King and Head of those that are the subjects, and redeemed conquest of this King, and of those who are members of the body of which he is Head, now this body is his Church only, Col. 1. 18. He is the Head of the Body the Church, Eph. 1. 22, 23. And gave him to be Head over all things to the Church, Which is his Body, the fullness of him that filleth all: The Body of Christ to be edified, Ephesi. 4 12. Till we all (all that body of the Saints to be perfected, v. 11.) come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fullness of Christ, v. 16. from whom the whole Body fitly joined together, and compacted by that which every joint supplieth, according to the effectual working in the measure of every part, maketh increase of the Body unto the edifying of it self in love: Now never Divine can say, that Devils and wicked men, who shall bow to Jesus, are the subjects of this Kingdom of Christ, who have right to the fruits of the Kingdom, Righteousness and peace, and joy in the Holy Ghost, Rom. 14. 17. far less that they are of the Body; that is, Christ's Body, Christ's fullness, Christ's Body to be perfected, edified, to Come in the unity of faith, and of the knowledge of the Son of God, into a perfect man, &c.

Arg. 6. These Megistrates that are the mediatory vicars, deputies, and heads of the Head Jesus Christ and his Kingdom, these are of his Body, and subjects under the King and Mediator Christ, the chief Head and King: For it is not to be presumed, that Christ will appoint these to be heads and vicars of his Body, and little Kings over his Kingdom, as he is Mediator, who are not members of his Church, nor subjects of his mediatory Kingdom: But Magistrates as Magistrates, are not members of his Church, nor subjects of his mediatory Kingdom: no more then Husbands as Husbands, Fathers as Fathers, are members; and their should have been Husbands and Fathers, though the Lord Jesus never had been Mediator, advocate, and Priest of a redeemed Church.

Ans. If eyes and ears be members of the body, and watchmen members of the city, then are they, ex officio, by their office members of the Church▪ But if the Magistrate as a Magistrate be a member of the Church, then all Magistrates, Heathen, and Turkish are members of the Christian Church, ex officio, by virtue of their office.

Arg. 7. That opinion is not to be holden which layeth ground, that Christ Mediator is a temporary King, hath under him Magistrates, even heathenish, who have nothing to do with a Mediator to bear a temporal sword: for a supernatural and spiritual end as Christ • under heirs, he himself being the first heir of all such▪ and so maketh heathens within the verge of the mediatory Kingdom; as if Christ were as Mediator, a King to Heathen, and all and everyone of mankind, who must have Magistrates, and so maketh the Kingdom of men as men, and the Kingdom of Grace commensurable, and of alike latitude and extension, and maketh nature and grace of equal comprehension: But such is the former opinion, the proposition cannot be denied, except by Arminians, Socinians, Papists, who do maintain an universal redemption, a grace universal, a Catholic Kingdom of Grace comprehensive of all and every man, of Pharaoh, Evil▪merodach, Belshazer, all the Kings of Romans, Persians, Assyrians, Chaldeans, and of Turk, India, and such as worship the Sun and Moon, the Devil, and the work of men's hands: The assumption is granted by Master Coleman who saith, Christ is the rightful King of the whole earth, he meaneth Christ as Mediator, to whom the Father hath given a Kingdom.

Ans. The Lord Jesus Christ's power Kingly, and his power mediatory, which includeth a power as God (for he is Mediator and a mediatory King, according to both natures) doth no way make him King of Devils, of Hell, of sin, of the reprobate, and damned, no more then David's power over Ammonites, and Moabites, makes him King and feeder of the Ammonites and Moabites: Never Divine said, that Christ was King of Devils, and King of Hell; though he subdue Devils and Hell, and make them his footstool, Col. 2. 15. But as hability and gifts was not sufficient to make Christ a Priest, but he behooved to have 〈 in non-Latin alphabet 〉 authority and a lawful calling, Heb. 5. 4, 5. so he behooved to be called, set, and established on the Holy-hill of Zion, as a King of the Fathers making, Psal. 2. 5, 6. Psal. 89. 26, 27, 28, 29. Luk. 1. 32, 33. ver. 68, 69. 54, 55. And therefore though as King and an eternal King, he subdue all things, even his enemies; yet it followeth not, he is King and Mediator, and Head of his enemies.

Arg. 8. All those whom Christ maketh officers, Legates and Ambassadors of his mediatory Kingdom, they have either the word of the Kingdom committed to them, as Pastors and Doctors, and of old, Apostles, Evangelists, Prophets, that they may make work on the consciences of men to make them Kings and Priests unto God, or they are by the word of admonition and rebuke, to deal for the same end, as governors and Elders, 1 Cor. 12. 28. 1 Tim. 5. 17. for the officers of the Kingdom, and sword or scepter of the Kingdom, the Word of God, Psal. 45. 4. Rev. 19. 15. Heb. 4. 11. Rev. 1. 16. which are the means, are congruously proportioned, to the end, the gathering of the Saints, the perfecting of his body, Eph. 2. 11, 12. But never did Christ appoint the Magistrate with his sword, and his temporary rewards, and praise of well doing, to have any action on the conscience of men, or to co-operate for so high an end directly and kindly; for sure the sword cannot reach that end, except indirectly and by accident, in some imperated acts: He may procure that there be such means as word and seals, and Church-officers, and so be an intrinsical mean to set up those which are the spiritual and truly intrinsical means, and this is all.

Ans. It is a calumnious consequence, Pastors and Teachers will not be judged by the Magistrate in things merely Ecclesisticall, • o stand to his Ecclesiastical decision, as if his lips, ex officio, should preserve knowledge; Ergo, Pastors and Doctors do exempt themselves from the Lawfull power of the Magistrate in his civil judging by the sword; it is as if they would say, Church-men refuse to submit to an usurped and unlawful power of the Magistrate; Ergo, they refuse to submit to their lawful power. 2. They bring not one word to prove, that this was the first step of papal tyranny; now a supremacy▪ and independency in doctrinals and civil things, the adversaries deny not: If King Ahab find the Priests of Jehovah turn Priests of Baal, and the Prophets prophesy lies, we and the adversaries agree that King Ahab hath a supreme independent power, to judge and punish them with the sword, and if King Ahab will take on him to burn incense to the Lord, the Priests and Prophets of the Lord have an immediate supreme independent power, to rebuke King Ahab for usurping that which is independently and incommunicably proper to the Priests only, and they may refuse to be judged by King Ahab, when he would judge them for giving out this sentence, It belongeth not to King Ahab, or King Uzziah to burn incense to the Lord, but to the Priests, the sons of Aaron, 2 Chron. 26. Will they say this supremacy of the Priests is a step to papal Tyranny? 3. This is rather papal Tyranny it self that the Magistrate as head of the Church, and as an Ecclesiastical person may as a Magistrate govern, in all externals, the Church, as he pleaseth, with a royal, supreme, independent power; and because the Magistrate may send others to rule for him, 2 Chron. 19. 8, 9. 1 Pet. 2. 13, 14. Ergo, he may commit this royal power to a creature called a Prelate as to his Deputy, in his name to judge; as Phocas gave first a supremacy to Boniface the third, which no Bishop of Rome had before; and judge if this be not the first step to Papal Tyranny? They possibly may say, The Magistrate can commit no Magistratical power to any Churchman, for Christ for bad them to take on them the civil domination of the Lord's of Gentiles, Luke 22. 26, 27.

Ans. But this is an Ecclesiastic, not a civil administration; and if it be a lawful Ecclesiastical supremacy, why may not the Magistrate who hath power to send Deputies to act in his name, depute a lawful Ecclesiastical power, to Ecclesiastical persons, Pastors and Doctors, who in the mind of the adversaries are all but the Deputies of the Magistrate in all that they do.

Ans. I know not, if the Lictor with blind obedience be to behead John the Baptist, or if Doeg should kill the Lord's Priests, because King Saul commandeth him. 2. This Argument concludeth that neither Magistrate nor people should believe Articles of faith, because the Church and Pastors saith so, but because Jehovah saith so, nor is the Ruler to believe or execute what the Church decrees, because they decree it, but because he believeth it is the will of Christ, what they give out in Name of Christ. 3. Is it not Popery that the Pastors and Teachers should execute the laws of the Magistrate both in dispensing Word, Sacraments, and Discipline? for they may not as Pastors and Doctors judge whether the Ecclesiastical decrees of the Magistrate be the will and mind of Jesus Christ or no. The Magistrate in doctrine and discipline is the only supreme judge here, as in all causes civil, as he exerciseth a 〈 in non-Latin alphabet 〉 and a dominion in the on Luke 22. 27. so also in the other, except the Adversaries show us a difference. Yea as Mr. Prynne with the Erastians say, Because there is no certain form of the government of the Church in Scripture, he hath an Arbitrary power as Magistrate to appoint any government in the Church not contrary to the Word, any Officers, Prelates, and Cardinals, any ceremonies as pleaseth him, and may impose them on the consciences of Pastors and people, which is the highest Papal Tyranny on earth.

Ans. 1. This is not the total, complete, and adequate cause, why the Magistrate in spiritual things is subject to the Church, but the half of the cause only; you must take in the other consideration, he is in spiritualibus, subject to the Church, not only as he doth sin; but 1. As he may sin scandalously. 2. As he may be directed, informed, and swayed with precepts, promises, counsels, threatenings toward a supernatural end to eternal life; take in all these three, and we grant all. The Magistrate and all in other relations and professions and callings are equally in spiritual things subject to the Church, as the Ministers of Christ, and in all other relations and callings, as fathers, husbands, painters, musitians, are in civil things equally subject to the Magistrate, according to the three former cases in a civil consideration.

Ans. It is enough if I prove that the Magistrate is subject to the Church, to Pastors and Doctors in things belonging to his soul, and as a man and a Christian in civil things are subject to him, which to me is clear in the Word of God, as 1. Because Timothy and all watchmen in their person are commanded to rebuke them that sin before all, and that in the sight of God, and the Lord Jesus, and the elect Angels, without preferring one before another, or doing anything by partiality, 1 Tim. 5. 20, 21. 2 Tim. 4. 2. And if Levi must not know his father or his mother, in the Lord's cause, Deut. 33. 9. and Jeremiah in rebuking not be dismayed of Kings, Princes, and Prophets, Ier. 1. 17. neither must Ministers accept the persons of judges, Christ rebuked his mother to whom otherwise he was subject, John. 2. 4. Luke 2. 51. 2. There is the practice of the Prophets, Christ and the Apostles, that they have rebuked Kings, Rulers, Magistrates, Priests, Prophets, every page almost of the Old and New Testament saith this. 3. God hath no whit exempted the Rulers from rebukes, as they be men, they can and do sin. 4. Princes are the sheep of Christ, and redeemed as a part of the flock for the which Christ gave the blood of God; Ergo, they are to be fed and watched over, lest they also as grievous wolves prey upon the flock, Acts 20. 28, 29, 30. then there must be some over them, and those who should speak the word of the Lord to them, and so the word of rebuke, and who should watch for the souls of Magistrates, as those who must give an account, whom the Magistrates must obey as others in the same condition who have souls, Heb. 13. 7, 17. 1 Pet. 5. 1, 2, 3.▪ 1 Thes. 5. 12, 13, 14. 5. All the censures of the Church are for the good of souls, that the Spirit may be saved in the day of the Lord, 2 Thes. 3. 14, 15. 1 Tim. 1. 19, 20. 1 Cor. 5. 5, 6. and for edification, 2 Cor. 10. 8. Jude v. 23. Ergo, the souls of Magistrates should not be defrauded of this mean of edification. 6. Pastors as Ministers, Stewards, Ambassadors, Watchmen, are entrusted with the word of reconciliation, 1 Cor. 4. 1, 2. and 1 Cor. 3. 5. and 4. 15. 2 Cor. 5. 19, 20. 1 Tim. 3. 1. 2 Cor. 4 7. Ergo, they must divide the Word aright to all within the family, 2 Tim. 2. 15. and rebukes and censures are a part of the word of reconciliation, no less then promises, and they are to prophecy death and life, as God in his word commandeth, Ezek. 3. 17, 18, 19, 20. and 13. 19. and 33. 7, 8, 9. 10.

7. The power of the Lord Jesus in censuring, is extended to men as • ll doers, not as Magistrates, or not Magistrates, 1 Cor. 5. 2. Gal. 5. 10. the power of binding and loosing is extended to a trespassing brother, who will not hear the Church, Mat. 18. 15, 16. and 16. 19, 20. The Magistrate is a brother, Deut. 17. 15. one of the Israel of God, as Saul was of of the Tribe of Benjamin, David of Judah.

8. The Church may judge such as are within the Church, 1 Cor. 5. 12. but such is the Christian Magistrate.

9. Correction is a privilege of sons and Members of the family, Heb. 12. 6, 7. Rev. 3. 19. Ergo, the Magistrate should not be deprived of that wherein all Christians share, Gal. 2. 28.

10. Discipline is a part of Christ's Kingly government, if the government be on Christ's shoulders as King, as it is Mat. 28. 19, 20. Ephes. 4. 11, 12. Esa. 22. 22. and if the Gospel be the Word and Scepter of his Kingdom, Mark. 1. 14, 15. and 4. 11. Matth. 21 43. Luke 4. 43. and 8. 1. Acts 1. 3. and 8. 12. and 20. 25. and 28. 31. Psal. 45. 3. Rev. 1. 16. Then if Magistrates be the subjects of Christ as King of the Church, they must be subject to those who preach the Kingdom, carry the Scepter, and rule under Christ as King.

11. Upon the same ground, if they decree grievous decrees, Isa. 10. 1. Micah 3. 1. and be wolves ravening the prey, Ezek. 22. 27. let them have either Royal or Parliamentary power, they are to be rebuked, debarred from the holy things of God, excommunicated, and their sins bound in earth, as in heaven, Mat. 18, 18. Mat. 16. 19. Nor should Courts or Parliaments or Thrones, be cities of refuge to unjust and scandalous men.

12. Upon the same ground Magistrates are not to be deprived 〈1 page duplicate〉 〈1 page duplicate〉 of the good of private rebukes, and admonitions, except we hate the Magistrate in our heart, and strive not to gain his soul, Levite. 19. 17. Mat. 18. 15, 16. Luk. 17. 3, 4. Psal. 141. 5.

13. Erastus himself granteth, that Magistrates may be rebuked; and when he granteth that Apostates and Idolaters are not members of the Church, and that they are to be cast out of the Church, as he doth also; he must either grant that Christian Magistrates cannot turn Apostates and Idolaters, which is against Scripture and experience, or that if they turn Apostates and Idolaters, they remain no longer members of the Church, but are to be excommunicated; or then Christ must have made some special exception, that Kings though Idolaters and Apostates, do yet remain members of the Church, and are not to be cast out of the Church, which (beside that Erastus cannot show) is contradictory to his words: Hence it is clear, the Magistrate if he turn as Saul did, a wicked man, he is to be excommunicated: But 1. By whom? by the Church? Erastus will deny he can be judged by the Church, because he is above the Church: by himself? that is against reason: By other Magistrates? he is the only supreme in that Church, and by what reason he is above the Church, he is above the other Magistrates, and other Magistrates are guilty of the same fault.

Ans. 1. There is no reason to say, that the supreme and principal power by way of royal dominion (as the argument supposeth) in Church matters, should agree to either Magistrate on earth, or Church; it is a Rose of the Crown of him who is the only King of Kings, and Lord of Lord's, and so the Major is false: Nor is that care and inspection which is due to the Magistrate, taken from him when we ascribe to Christ what is his due. 2. Neither doth it follow, that the Magistrate is directly obliged to follow the judgment of the Church, except we did make the judgment of the Church supreme and absolute, and armed with such a dominion as the adversaries give to the Magistrate; in which case it followeth, that the Church is directly and absolutely obliged to follow the judgment of the Magistrate, according to the way of the adversaries; and that if this argument be good, they must ascribe blind obedience, either to the Church or Magistrate, not to the Magistrate they say; Ergo, to the Church: Nor can they take it off by saying that the Magistrates dominon is limited by the Word of God; for they know that we teach, that all the constitutions and decrees of Synods made by the Church as the Church, is limited by the Word of God; yet they cease not to object to us, that we make the Magistrate a servant, and a lictor to the Church, and obliged by his place to give blind obedience to the Church, and therefore they are obliged to answer the argument, and remove papal dominion from their way, according to their own argument, if they will be willing to take in to themselves, with the same measure, that they give out to others: But if they give a ministerial power of judging to the Church, (the argument is easily answered) which they cannot give to the Magistrate, except they make his office to oblige the conscience, and his commands as magistraticall to be given out under the pain of the second death: Now his sword is too short to reach to this, I hope, except you make the vengeance that he executeth on evil doers Rom. 13. to be eternal fire, and his sword to be no material nor visible sword, but such as commandeth Devils and Hell, which is absurd; for the Magistrates power of judging and commanding, is commensurable to his power of rewarding and punishing, that is, both is temporary, within time, on the body of this world: The Pastors have a power of commanding, though only ministerial, but free of all domination, or external coaction, which is spiritual, and the punishment is accordingly spiritual, a binding in earth and heaven; I borrow only the word of punishment, it being no such thing properly.

Answ. 1. All this argument is built on a great mistake, and a conseqence never proved, except by this one word of the Author. (Therefore say I) and it is this: The Magistrate hath no civil power over the soul, therefore (say I) he hath no power in soul matters, and cannot judge and punish in spiritual causes. Sir, this is a non sequitur, The learned Divine Rivet saith well, The Magistrates power in spiritual things to judge and punish, is formaliter, and in itself and intrinsically civil, but objective in regard of the object and extrinsically, it is spiritual. 1. I ask when the Author and his take a professor into Church-communion, they judge whether he be just, merciful, and peaceable, when they excommunicate any member, for murder, for unjustice in taking away the goods of his brother? whether the Church doth judge and punish in the causes of justice, mercy and peace, which properly belongeth to the civil Magistrate, not to the Church properly; but only ration scandali as they are offensive in the Church of God: I ask (I say) if the Churches power in judging and punishing be civil, or spiritual; not civil, for this Author will say, that the Church hath no power over the lives and goods of men, those belong to the Magistrate, and to his civil power: Yet he cannot deny, but the Churches power in judging and punishing here, is formally spiritual, and objectively and improperly civil; so say I the Mgaistrates power in spiritual causes, is formally civil and objectivel • only spiritual, and he neither hath, nor needeth any spiritual power formally to attain his temporal end, nor needeth the Church any power formally civil to attain her spiritual end: The reason is, because powers have their specification and nature from their formal object, not from the material; because the Magistrate punisheth here • ies and false Doctrine as they disturb the Peace of the civil State; therefore his power is civil, and because the Church censureth unjustice, incest, 1 Cor. 5, 1, 2. and sins against the second Table, because they are scandalous in the Church, and maketh the name of God to be ill spoken of, though materially those sins be punishable by the Magistrate, yet is the Churches power spiritual, because it judgeth those as scandalous and offensive to God; and therefore the power is spiritual, because the object, to wit, as scandalous to the Church, and as offensive to God is spiritual, even as destructive to civil Peace, is formally a civil object. 2. The Magistrate without any spiritual power judges what is the true Church and true ordinances, setteth them up by his sword; he doth set them up only for a civil end, because they conduce most for the peace and flourishing condition of the civil state, whereof he is head, not that the members of his state may attain life eternal; for the Magistrate intendeth life eternal to his subjects in setting up a true Church, and true Ordinances, not as a Magistrate, but as a godly man: As the woman of Samaria brought out the Samaritans, that they might receive Christ in their heart by saith, as she had done: But as a Magistrate he intendeth not life eternal to his subjects; so a Master as a Master, hireth a man to serve who is a believer, and as a Master he judgeth such a one will be most faithful, and active in his service; now the Master judgeth him not to be a Saint, that he may be a fit member of the Church: The Church only as the Church is to judge so of this servant, nor doth he judge him a believer, that he may obtain life eternal, nor doth he love and choose him as his servant, that he may obtain life eternal; Christians as Christians, judge and love one another that way: So the Husband as a Husband doth choose a believing woman for his Wife, judging she will perform the duties of a Wife, better then an unbelieving Wife, he judgeth her to be a believer as a Husband, and loveth her with a Husband-love as a Husband; but if he love her because the image of God is in her, and as an heir of life eternal, then he loveth her as a Christian man, not as a Husband, and it is a Christian love he hath to her, such as he hath to other godly women that are also co▪ heirs with himself of life eternal; and this is a lawful and a Christian love: But if this Husband should bear a Husband-love, such as he doth to his own Wife, to all other godly Wives, it should be an adulterous and unlawful love: So the Magistrate as a Magistrate, judges, loves, chooses, and setteth up true Ordinances, a true Church, as means of a flourishing Kingdom, and of external Peace, and pulleth down the contrary as means destructive to the peace and safety of his subjects: But he judgeth not in a spiritual manner, and with any spiritual power of the sword, of those as fitting and conducing to life eternal, and inward peace of conscience with God; but as a justified and believing Saint, he judgeth, chooseth, and loveth Ordinances, and the true Church in this consideration, and no wise as a Magistrate: If those Relations of Magistrate and Christian had been considered by the Author, he had not compared the Magistrate punishing idolatry to the Dragon, and the godly Pastors who exhort the Magistrate to punish false teachers to the Beast, and the false Prophet, who maketh war with the Lamb: For the godly magistrate who advanceth the throne of the Lamb, is praise worthy; he doth cut off all wicked doers from the city of the Lord, Psal. 101. 8. and doth this as a Magistrate, that his Kingdom might have peace and well grounded prosperity; but as a man according to God's heart he doth it formally set on high the throne of the Lamb, nor would he have compared those worthy and dear brethren of New England the Saints of the most high, especially reverend Master Cotton to the frogs that proceeded out of the mouth of the false Prophet, Rev. 17. 3. Nor do the Papists use this argument at all, but another argument, and for a contrary conclusion; for the Pope as the Pope is an earthly Monarch, and as Pope hath power to translate Crowns and Kingdoms, and as Pope the Holy Ghost in him commandeth the Kings of the Earth, to make war with the Lamb and his followers, as Papists teach; do we ascribe any such power be the Church or Churchmen? are Malignants, Prelates, and Papists, the followers of the Lamb?

Ans. 1. No doubt the power that makes Magistrates, because of virtue and dexterity to govern, may unmake them when they turn tyrants, and abuse their power; and upon the same ground, as men create Magistrates, so Christian men as Christian men, act to choose Christian and gracious Magistrates: as if a Husband as a man choose a Wife (as grace perfumeth and spiritualizeth all the common actions of men) so Christian men are to choose Christian Wives, Christian Masters, Christian servants; so is a Church to choose a Christian, not an American Magistrate, Deu. 17. they are not to choose a stranger, but one from amongst their brethren, and men fearing God, and hating coveteousnes, Exo. 18. 21. Deu. 17. 15, 16, 17, 18, 19, 20. and 1. 16. and that a Christian Magistrate receive power to govern in the Church (I deny him to be a Governor of the Church) from Christian people, I see no inconvenience: Suppose that a Christian woman choose a Pagan Husband, she sins in her choice; and as a sinful woman chooseth a Pagan who hath no other then a Pagan conscience, to be the guide of her youth, and her head, and to love her, as Christ loved his Church, and to rule her according to his marital and Husband-power in some acts of her Christian conversation: Yea, when Christians did fight under Heathen Emperors, they gave power as all soldiers do to their Commanders, to those Heathen Captains, to command Christians according to their Pagan consciences, for other consciences it cannot be supposed Heathen have as this Author speaketh; nor do I see such an inconvenience, that men as men choose a Magistrate who is a Heathen, to see not the Church as the Church; but men of the Church do their duty, and to punish them civilly when they omit Church duties, when providence compelleth Judah: Yea, when God commandeth Judah to submit to a Babylonish or Persian King, who according to his Babylonish conscience is to command them to keep the oath of God, to abstain from murder▪ yea, to build again the house of God, and is to punish the men of Judah, if they do the contrary: Here evidently the Church is to choose Heathen Kings, who according to their Heathen consciences, are to judge and punish sins against both Tables; but they choose them to add there auxiliary power to help and descend the Church, not any privative or absolute power to set up what ordinances they will: Nor is it supposed that men as men may give to Indian and American Magistrates, power to judge, by rule of Indian consciences; what is blasphemy against Jesus Christ, what is apostasy from the Christian saith, to Judah • sme, and to punish it: For in that fare, the Indian Magistrate is uncapable of Magistracy in those acts, though essentially he be a lawful Magistrate in other acts; just as Christian men and Saints by calling may make a Christian Corinthia • amongst themselves, their Magistrate; and yet he cannot judge whether Ti • ius the Physi • ian in Corinth hath poisoned Sempronius, as he hath a Christian conscience, but not a medicinal conscience (to speak so) or the skill and art of a Physi • ian to know what is poison, what not; yet did men as men create this Christian Magistrate, to judge & punish murders, and poisoning of Christians. 2. Let us also turn the Tables: the Author cannot deny, but Ten thousand Christians and Indians, half of each side, may come to be one civil incorporation; they create with common consent a Christian Magistrate over themselves, this they do as a society of men. The Indians worship their God in that society, by offering their children to the Devil, and this is their Indian conscience; for it is not to be supposed that an Indian can worship his God with other then an Indian conscience: By this Authors way, Indians and Christians gave to this Christian Magistrate, to judge of this Indian and bloody worship, with a Christian conscience, for it is supposed he can judge with no other conscience: I demand whether or not this Magistrate be obliged to punish such horrid shedding of innocent blood? If he be, he is set over this incorporation to bear the sword of the Lord, and with a Christian conscience to judge and punish Indian consciences: Is not this as great an inconvenience as what he objecteth to us? Besides that, according to this way, he must not punish the killing of the children to the Devil; why? this is against the will of the meek Savior in whom the Christian Magistrate believes, to persecute an Indian for his conscience, as this Author thinketh: Now it is no less an Indian conscience worship, and no murder to offer an innocent child to the Indian God, then it was to the Jews to offer an innocent Bullock or a Ram to Jehovah.

Ans. In the Law of nature God hath forbidden all false worship. 2. The Law of nature hath forbidden to offer any blood to God, that is, the Law of nature will never warrant us to offer in a whole brunt offering an innocent Beast to God, created for the use of man, and it should be against the Law of nature, to kill Beasts for any religious use, or for any use, except to be food or medicine for man: Except God in a positive Law, had commanded whole burnt offerings, and offering of Beasts to God: so the Law of nature forbids Indians to kill infants; but they tell you, there is a positive Law of their God, and in conscience they are obliged to kill their children to this God, and you must convince their conscience, that this is murder, not right worship, by reason and light of truth, not with a club and force of sword, which hath no influence upon the conscience.

3. It followeth not, that God hath subjected God, Christ, Heaven, the Spirit to natural men; for an Indian Magistrate remaining an Indian, never received power from mem as men, nor from God, to judge of Christian worship: yea, Indian Magistrates as Indians are uncapable of judging or punishing what is against Christ, Heaven, the Spirit, and yet they are Lawfull Magistrates; for their ignorance of Christ excludeth them from having any such formal power; what Magistratical power they have which they cannot put forth in acts, is not to a purpose for this power, which they cannot exercise, shall never subject, Christ, Heaven, the Spirit to the consciences of natural men, or Indian Magistrates: this consequence therefore should have been proved▪ not presumed as a truth. 4. He saith, If any Church should arise amongst those who have Indian Magistrates, Christ should betrust the Indian civil power with his Church. I answer, This is non-consequence also, for the state of heathenship in the Indian, should exclude him from any such trust; if a Church arise they are to be under the Indian Magistrate, while God in his providence free them from under him, that they may choose a Christian Magistrate, who may be a nurse-father to them? 5. The Lord be trusteth his Church to the civil power as an auxiliary power, not to exercise any magistraticall power over the Church, and over their conscience; but only for the Churches good, and for their conscience.

These would be distinguished, a governor of, or over the Church. 2. A Governor in the Church. 3. A Governor for the Church; neither Christian nor Heathen Magistrate is a Governor of the Church, or over the Church: An Heathen Magistrate may be a Governor in the Church, giving to the Church in his dominion leave to live under him, as Nebuchadnezzar did to the Church in captivity. The Christian Magistrate is a Governor for the Church; 1. Men are governed as men politically by Magistrates though Heathen. 2. Men are governed as Christians and Citizens of Heaven, and Members of Christ's invisible body, by the inward government of the Spirit and Word. 3. Men are governed as Members of Christ's visible Body in Church-society Ecclesiastically, by Church-officers called 〈 in non-Latin alphabet 〉 , Heb. 13. 7. 13. who watcheth for our Souls, and are over us in the Lord, and must give an account to God, whom we are to obey in a Church-society: so Pilate is called, Mat. 27. 2. it is given to Kings and Rulers, 1 Pet. 2. 14. 〈 in non-Latin alphabet 〉 , Act. 23. 24. so it is opposed to 〈 in non-Latin alphabet 〉 to one that serveth, Luk. 22. 26. no question it is a word borrowed from the seventy interpreters who use it, Josh. 13. 21. Mich. 3. 9. Ezech. 44. 3. Dan. 3. 2. the words 〈 in non-Latin alphabet 〉 , 1 Tim. 5. 17. 〈 in non-Latin alphabet 〉 , Rom. 12. 8. 1 Thes. 5. 12. are ascribed to Church-officers: Yea, the word 〈 in non-Latin alphabet 〉 a Ruler or a Commander, Act. 23. 5. is ascribed to the High Priest, who was but a Church-officer, and the style given to Rulers, Exod. 22. 28. from which these words are taken, is God's: so John. 10. 35, 36. compared with Psal. 82. 1. Exod. 21. 6. and proveth the same, though Church-officers be only Ministers, not Lord's, not Princes, having any dominion over the Lord's inheritance.

Ans. This Erastian way will intricate us not a little, and is destructive of the Covenant of both Kingdoms. 1. Its a distinction void of Scripture and reason, for the Apostolic Churches by it must have no Government as Churches at all: for to publish the Gospel which is made the one half; Yea, all Church-government (for this punitive part is a dream) is not Church-government, nor any part thereof.

1. Master Coleman desires that the Parliament would give to preachers Doctrine and power of preaching and wages, learning and competency: as for Governing of the Church, let the Magistrate have that, Ministers have other work to do, and such as will take up the whole man. Sermon, Pag. 24, 25. Then preaching the Word to the Church, cannot be any part of Governing of the Church.

2. Because Church government is properly acted by the Church, with the power of the keys, to bind and loose in earth, as in Heaven by Church-censures, and pardoning of an offender, and committed to many, to the Church, to a society gathered together, Mat. 18. 18. 1 Cor. 5. 1, 2, 3, 4, 5. But publishing of the Gospel is done by one single Pastor, even to the end of the world, even where there is no Church, even in the hearts of the Athenienses, Act. 17. 33, 34. of Felix, Act. 24. 25. of the Jailor not Baptized, Act. 16. 29, 30, 31. of the woman of Samaria, John. 4. 28, 29, 30. The Gospel exerciseth a doctrinal and external government on thousands, the like without the Church visible: yea, and who never are members of a visible Church; is this any Church-government of which we now speak? and in all the Scripture a power of the keys to govern the visible Church, was never committed to any one single man by Jesus Christ; if an Apostolic-privilege of Paul's excommunicating his alone be objected, I can easily answer, Apostles continue not to the end of the world. 2. This doctrinal publishing of the word, is the plants and flowers of the Gardens but Church-government is the hedge, and those two are not to be confounded. 3. Paul differenceth them as two distinct qualities of a Preacher, 1 Tim. 3. while he will have him apt to teach, ver. 2. and v. 4, 5. one that can rule the Church of God well; and 1 Tim. 5. 17. ruling well, is distinguished from laboring in the Word and Doctrine as a charge worthy of less honor, from a charge worthy of double honor. 4. All Protestant Divines distinguish Doctrine and Government, the former belonging to the being and essence of a visible Church, as an essential note thereof, I mean the public and settled publishing of the Gospel; the other is only a thing belonging to the well being of the visible Church, and an accident thereof; so it is a heedless tenent to make the former a part with the latter. 5. When we swear a conformity of Doctrine and worship in one Confession, one Catechism, one Directory, we do not swear the same over again, when we swear to endeavor the nearest uniformity in Church-government, &c. which we cannot but do, if the Doctrine and Worship be nothing but a part of Church-government; or if it be all Church-government: n • w if Mr. Colemans punitive part be but his own dream, as I hope is easily proved, there is no Church Government at all. Now how Mr. Coleman did swear to endeavor the nearest uniformity of a Chimera, and a thing that is just nothing, let himself consider.

As for Mr. Colemans punitive part of Church Government by the Magistrate, this by his way is done by the power of the sword of the Magistrate, saith he, and therefore citeth Rom. 13. He beareth not the sword in vain, &c. Hence either the Apostolic Church had no censures at all, and so no visible government and order, but preaching of the Word was all; and except we would add to our pattern, and be more wise then the Holy Ghost and the Apostles, we ought to have no Church Government, but only preaching the Word; or then the Apostles, Pastors, and Teachers meddled with the sword of the Emperor Nero in discharging the punitive part, for with no other instrument doth the Magistrate punish ill-doers, but with the sword, Rom. 13. 4, 5. This text Mr. Coleman citeth to make bloody Nero a Church-governor: But no ground is for this in the Word, that Paul, Peter, Timothy, Archippus meddled with the Emperors sword, or that the weapons of their warfare were carnal; or that Paul was the Minister of God, bearing the sword for the punishment of evil doers: I think Paul speaketh of civil bodily punishing, Rom. 13. and no violence greater can be offered to the Word of God; for if that power be an Ecclesiastical administration, every soul, and so the Christian Magistrate, is to be subject to this Ecclesiastical and Church power; and if so, then to the Church: If Mr. Coleman deny the consequence, I conceive to be subject to the Magistrate, is Rom. 13. to be subject to the power civil, that is, of God: If the Magistracy be an Ecclesiastical ordinance and a vicegerent power of the mediator, as they say it is; then to be subject to the Magistrate, is to be subject to this Church power, and to be subject to the Church. 2. The punishing power of the Magistrate as such, doth not bind and loose on Earth, and open and shut Heaven; for then hoc ipso, because the Magistrate doth judge and punish evil doers, the man's sin should be bound in Heaven; now so the judging and punishing power should take hold of the conscience: But it is certain, the Magistrate as judge may take away the life of a Capital Delinquent, when he knoweth the man repenteth and believeth, and findeth mercy with God; Ergo, this magistratical power is not Ecclesiastical; for if the man to the knowledge of all repent, the Church hath no power to bind his sin on Earth, nor will God bind his sin in Heaven; but yet the Magistrate as a Magistrate is to punish; Ergo, this punishing power is no Ecelesiastical power, nor any part of Church-government.

3. The punitive power of the Magistrate hath influence on men as ill-doers, whether they be within the Church or without the Church, and worketh on men as Members of the Common wealth, whether Christians, or Heathens, Indians, or Americans: But no punitive power of the Church, is or can be extended to those that are without the Church, but Pastors and the Church leaveth them to be judged of God, 1 Cor. 5. 12. nor can they be cast out of the visible Church, who were never within it.

4. The punitive power of the Church as such, floweth from Christ as Mediator, Head and King of the Church; because Christ as Head and Mediator, hath appointed a shepherds staff, discipline, or rebukes, Church-censures, and Excommunication for his sheep, his redeemed ones, family, and people, for whom he is Mediator, his Scepter and Rod must be congruously and suitably proportioned to his Crown, and spiritual Royal power: But the punitive power of Magistrates floweth from God the Creator, as the whole world is the family of God; so for the preservation of human society, the Lord hath been pleased to appoint Magistrates, and the punitive power of them by the sword, to correct ill-doers for the peace, good, and safety of human societies.

5. All punitive Church-power is for edification, 2 Cor. 10. 8. That the man's spirit may be savdd in the day of the Lord, 1 Cor. 5. 5. that the party may be gained by private and public Church rebukes, Mat. 18. 15. If he hear thee, thou hast gained thy Brother, v. 18. If he neglect to hear the Church, let him be to thee as an Heathen, &c. Ergo, if he hear the Church his soul is gained, 2 Thess. 3. 14, 15. 1 Tim. 1. 19. but the intrinsical end of punishing an evil doer, is not the gaining of his soul, but a political civil satisfaction of justice for a wrong done to human society, that others may fear, and do so no more; the Magistrate in using his sword as a Magistrate, looketh not to this as the intrinsical end of the sword, to convert a soul, to augment the number of the subjects of Christ's mediatory Kingdom; nor doth he as a Magistrate proportion the measure of the stroke of the sword according to the repentance and godly sorrow of the man who hath sinned; but in justice his eye is not to pity or spare the blasphemer, though as dear to him as a father and friend, Deut. 13. 6, 8, 9. 10. Deut. 33. 9. whether he repent, or not repent; but the Church censure, respecting intrinsically the gaining of the soul, is proportioned to the offenders sorrow for his sin, that he be not swallowed with over much sorrow, 2 Cor. 2. 7, 8, 9, 10.

6. This punitive part of Church Government, is neither in name, nor in thing: in Scripture Triglandius denieth that there is any Ecclesiastical, co-active, or compulsive power properly so called in the Church; there is no violence used by Christ as King of his Church; this shepherd carrieth the Lambs in his bosom▪ Isai. 40. 11. Hyeronimus said well, The King or Magistrate ruleth over men that are unwilling, he meaneth in punishing them; but the Pastor doth it to men that are willing: And renowned Salmasius citing this, addeth that of the Apostle Peter to the Elders, Feed the flock 〈 in non-Latin alphabet 〉 ; It is not pena a proper punishment that the Church doth inflict, nor doth the Scripture speak so, nor is the thing itself punishment, or any punitive power here; indeed all co-active power of the Magistrate as the Magistrate, and all punishment issuing from it, is against the will of the punished, and is inflicted with the dominion of the sword; we know how the Adversarie side here with Papists who make all Church censures to be pennances inflicted upon penitents against their will: Therefore saith Salmasius, Of old, censures were so voluntary, that to deny them was a punishment, and they were desired and sought as a Benefit, as the ancient Canons of Councils, and Canonic Epistles, and writings of Fathers bear witness; and this doth prove, if Jesus Christ have a willing people, Psal. 110. and if rebukes and censures be to the Saints as medicine that will not break the head, Psal. 141. 5. no medicine is received unwillingly by wise men, and no medicine is a punishment; then the punitive power of the Magistrate hath no place in the Church as the Church.

7. The Magistrate dispenseth no Ecclesiastical censures as a Magistrate: For 1. He rebuketh not as a Magistrate, for rebukes as rebukes intrinsically tend to the gaining of the soul; so as to receive rebukes willingly, is a Character of a child of God, and to hate it a sign of a wicked man, Ecclesi. 7. 5. Prov. 28. 23. and 6. 23. and 1. 23. c. 13. 18. c. 15. 5. 10. 31. 32. Prov. 5. 12. and 10. 17. and 15. 10. and 9. 8. and 13. 1. so the sword cannot inflict this censure, nor can the Magistrate cast out of the Synagogue or Church; he can banish, which is a local casting out; but not excommunicate, if he be said to be an Ecclesiastical person exercising punitive power in the Church, because he judgeth and punisheth sins against the Church, 1. This is nothing, except he inflict spiritual punishment of rebuking and excommunication, which he cannot do, because he hath not to do with the conscience, or the converting of a sinner. 2. If he be a Church-governor, because he punisheth sins against the Church, but in so far as they disturb the Peace of the State, then Pastors may be civil Governors, and use the sword, which Christ forbiddeth, Luk. 22. 26, 27. and 12. 13, 14. because they inflict spiritual punishment, such as public rebukes on murderers, parricides, but in a spiritual way, to gain souls to Jesus Christ; and they rebuke murders, thefts, thought not as committed against the State and Peace of human societies, but as offensive to God, scandalous to the Church, and destructive to the souls of those who commit such offenses: All the punishment Ecclesiastical which we plead for (though we borrow only the name, it being improperly so called) is spiritual rebukes, debarring of wicked men from the society of the Saints, and the holy things of God, that they pollute not such pearls. Bullinger is alleged by Erastus as a favourer of this way, and some private Epistles of Bullinger written to Erastus cited, but nothing of the public writings of Bullinger: It is true he saith, he is pleased with Erastus his Theses, but 1. That he was not of Erastus his mind wholly, is evinced from these Epistles. 1. Bullinger strove with the Anabaptists of his time, who contended for either a Church of regenerate persons, or none. Bullinger. Diu cum Anabaptistis nostris contendimus hac de re, et ostendimus veram Ecclesiam posse esse, et dici Ecclesiam, quae excommunicatione hâc careat. 2. He saith, he himself, D. Wolfius, Lavater, Hallerus, Zwinglius, Gualther, never condemned the Church of Geneva; Ergo, they never condemned Presbyterial Government. 3. He saith it will be for the edification of the Churches of the Palatine, that this excommunication be. Now we know divers there ascribed to the Magistrate plus aequo, and said that the tithes belonged jure divino to the Magistrate: The truth is these Divines were too obnoxious to the lust of Christian Magistrates. Calvin, Farel, complain much of the Magistrates usurpation in this. 4. They thought hard to exulcerate the minds of Princes to excommunicate the Magistrate, and longe magis abalienatos reddere, inferiores gradus conscendere, superiores vero intactos reddere: But was it not an abuse to excommunicate the poor people, and spare the Magistrate?

3. Bullinger would not have the question of excommunication to come in public; why? cum hoc tempore alias satis afflicta sit Ecclesia.

4. He seems to incline that none should be debarred from the Lord's Table, that acknowledgeth their sins, coena sit libera omnibus peccata sua agnoscentibus et veniam a Christo petentibus; we say Amen, so they be truly penitent to the Church, and not such as Paul speak of, 2 Tim. 3. 1, 2, 3, 4, 5. to whom confession of sins before the Church is a manifest form of godliness.

5. Bullinger and Gualther writ to the Prince Elector to punish scandalous persons: But with all quanquam arbitramur illust. Principem admonitionem nostram sibi soli reservaturum, qua duntaxat dissidia manefesta in Ecclesia praevenire voluimus: Hence this ( tecum sentimus ) of Bullinger written to Erastus was; 1. His private opinion, that he desired not to be known to the Churches; therefore Erastus wronged Bullinger, who left his secret letters to be printed. 2. Many learned men in these Churches beside Anabaptists, and the Palatinate Catechism were against Erastus.

6. He saith Zwinglius was the chief man to have excommunication brought in inductam cuperet.

7. He desired Beza not to answer Erastus, for peaces cause, and the same he wrote to Erastus.

A learned and holy preacher to the Prince Elector, wrote thus to Bullinger. Queror (fr. m. d. dilecte) quod approbaris Theseis D. Erasti, contra disciplinam Ecclesiasticam scriptas, quae non tantum impiae sunt, sed viam sternunt ad Atheismum; hortor et obsecro ut publice testeris te novas illas Theseis improbare, Quod nisi seceris, futurum est ut videaris dissentire non tantum a doctâ illa vetustate, sed etiam a Zwinglio, et Oecolampadio aliisque, adeoque et cum teips • pugnare.

Bullinger in 1 Cor. 5. Excommunicatio non est exercenda, ut Anabaptistae volunt, a toto Ecclesiae coetu, sed a dilectis ad hoc hominibus.

Excommunicatio apud veteres est exclusio a communion Sacramentorum.

Excommunicatio est supplicium temporale, disciplina externa ad medendam instituta.

Bullinger in Mat. 18. esse Ethnicum et publicanum significat esse et haberi inter facinorosos, quibus nihil neque officij neque sinceri committas.

Idem. Hortor ut salutare hoc pharmacum (excommunicationis) e caetu Sanctorum pontificis avarit • a eliminatum reducatur.

Idem in Mat. 18. finis consilij domini est, (in negotio disciplinae) ut corrigantur scelerati in Ecclesia, et auferantur scandala.

Bullinger in 2 Thes. 3. hic habemus abstensionem sen exclusionem, qua a tribuum societate et publicorum pascisorum usu-fructu excludimus • on •• maces et omnes admonitiones contemnentes; aliter etiam locus potest interpretari. These be contradictory to Erastus his expositions, and way which maketh excommunication nothing, and putteth all Church-discipline on the point of the Magistrates sword. I cannot say but that saying did too little prevail with Bullinger, Amicus Socrates, Amicus Plato, sed magis amica veritas: for Erastus was his intimate and too dear friend, etiam er • ores amicorum et n •• i sunt nobis pergrati.

Bullinger in Mat. 18. in illa: Dic Ecclesiae. Excommunicatio est disciplina • xterna sanctorum in Ecclesia conversantium, quâ ex communion abii • iuntur sanctorum, aut commode alioqui corriguntur, coercent •• ve qui scandalizant Ecclesiam,—hae particulares Ecclesiae deligunt sibi quoque veluti Senatum Collegiumve optimorum virorum qui juxta Canonem sacrism disciplinam hanc exerceant: What is this but a Presbytery? Ceterum qualis fuerit Ethnicorum et publicanorum reputatio facile est colliger • ex Evangelio et Paulo ad Ephe. 2. Certe alieni sunt a gratia, nihil Communionis haebentes cum sort sanctorum.

Bullinger, Ser. 5. decad. 10. pag. 384. Sicut autem dominus privatim voluit admoneri et corripi praevaricantes Ecclesiae Ministres, ita ejusdem admonitions et correctionis bonum extendit ad universam Ecclesiam: Ergo, h • buit vetus Ecclesia sanctum Presbyterorum senatum, qui delinquentes in Ecclesia diligenter admonebat, corripiebat graviter, add et consortio excludebat Ecclesiastico, si nihil emendationis expectari posse videretur, —1 Cor. 5. decrevi ut is qui hot seelus patravir, &c.

Musculus in locis Commun. de Ministris verbi, pag. 204. disciplina Ecclesiastica includi • morum correctionem, tum privatorum, tum publicorum, deinde et judicia Ecclesiastica—hisce quoque de rebus non constituet Minister suopte arbitratu, sed erit ad institutionem earum director, et ad • ib • bit suffragia et consensum suae plebis, ne quid invitae Ecclesiae imponatur; denique curabit ut plebs ipsa viros graves, timentes. Dei ac boni Testiomnij deligat, quorum cur • et vigilantiâ Ecclesiae disciplina administretur, et si quid gravioris momenti accidat ad Ecclesiam ipsam referatur.

I grant it was the error of that worthy instrument of Reformation that he referreth all to the Christian Magistrate: and so he saith, haec omnia—pertinen • ad illas Ecclesias tantum quae Christianum Magistratum non habent; non potest hic certi quiequam praescribi, sed fideles et prudentes Ministri pro conditione temporum, publici status et necessitatis Ecclesiasticae disciplinam hanc sic attemperabunt, ut omnia fiant decenter, honest et in aedificationem Ecclesiae in Mat. 18. Habendi sunt pro hominibus prophanis et a Rep. Christianorum alienis, qui excommunicati sunt.

He favors not a little the Erastian way; for he maketh Moses the institutor of Religion to Aaron, and the Ministers the servants of the Christian Magistrate, loc. de Magistratu. Wolfangus Musculus 16 de Magist. pag. 630. penes Magistratum est locorum Ecclesiasticorum constitutio; defendere leges possunt Inferiores, sed constituere non possunt nisi Superiores, pag. 631, 632.— Respondet ad illud dic Ecclesiae. Ecclesiae Dei magistratui pio ac fideli tunc distribuebantur ut ecclesiis ab apostolis plantatis usu uenit: Yet he goeth not with Erastus, for he saith, pag. 634. Neque docet Magistratus, neque administrat Sacramenta, sed haec faciunt Ministri, pag. 628. Moses primus Catholicus Israelis Magistratus—omnem in populo Dei religionem constituit ipsique Aaraoni et Levitarum ordini facienda et vitanda praescripsit—adeo ut cura instituendae ac moderandae religions pertineat ad Magistratum, administrandae vero ad sacerdotem; porro si peccaverit formam praescribit—quomodo procedendum sit cum impaenitentibus.

Lucratus es fratrem; fructus est laboris tui. Dic Ecclesiae. Tertius gradus habet provocationem ad totam ecclesiam h. e. ad coetum fidelium cujus vos estis membra; est autem Ecclesiae hic cetus fidelium in quo verbum Christi et Sacramenta recte administrantur; hanc formulam post secuti sunt apostoli, ut est 1 Cor. 5. 3. et 2 Cor. 2. 6. sit tibi h. e. quo loco aperti hosts Christi et aperti peccatores habentur; sic illum habeto; nihil sit tibi cum eo negotij, separa te ab illo, satis jam cognovisti hominem, constat eum induratum et reprobum esse; hic est authoritas finalis sententiae Ecclesiae.

Aretius Coment. in 1 Cor. 5. propositio. Homines Christum professi, quoad fieri potest, flagitiosos vitare debent. Corinthiis omni studio laborandum ut incestuosum suo et Ecclesiae bono ad tempus excludant.

Finis excommunieationis alter vt salvus sit totus homo in di • mortis, vel in novissimo judicio—alter finis respicit Ecclesiam, sic omnibus vitanda est vobis contagio.

In Matthew 7. Sanctum canibus non dandum. Vult Christus ostendere doctrinam Evangely et mysteria pietatis non esse Communicanda ingratis et contemptoribus—persecutoribus et voluptuarijs hominibus. Gualtherus in Matthew 18. homili. 220. Sit tibi volut quispiam Ethnicus et quispiam publicanus, id est, hoc judicio agnosce eum non esse civem aut membrum germanum Ecclesiae, et quia ipse sese a societate Ecclesiae segregat, dum hujus judicio refragatur, sit tibi Ethnici et publicani loco, cum quo nihil p • rro consorty habeas, sed Dei judicio illum permit, qui tantam contumaciam inultam minime sinet; but he addeth, hunc ordinem observarunt olim Christiani homines dum nullos haberent Magistratus Christian • s.

Interdum etiam Satanae tradebant tales, quod non ex paucorum arbitrio fiebat, sed cum publico Ecclesiae consensu, 1 Cor. 5.

Quod autem hoc omne ad suam excommunicationem Anabaptistae detorquent nimium inepte et ridicul • (ut alia omnia) faciunt; nam primo insolenter vendicant quod apostolis datum fuit, et Satanae tradere volunt homines excommunicatione suâ, quâ ne culicem quidem possunt occidere; deinde etiam in coenam invehunt sine Christi instituto et exemplo: To which I must say the Anabaptists were right, and Gualther in an error in this point.

Gualther. in 1 Cor. 5. accusat Eccl • siam propter incestum, quod incestuosum non sine publicâ totius Eccl • siae infamiâ nimis diu tolerarint—propter unius hominis scelus totam Corinthiorum Ecclesiam, et imprimis hujus praefectos et doctores (quid hoc aliud est quam Col. legium pastorum et Seniorum) tam graviter accusat; sed ita illi merebantur, quod indulgentiores fuissent hactenus erga eum, quem punire poterant, et cujus libidinem coercere jam pridem debuissent.

Tota Ecclesia excommunicate—erant in Ecclesia tunc constituti Seniores, at horum arbitrio causam non permittit apostolus`—quotquot ergo rem tanti momenti ad paucos referunt, vel etiam sibi soli vindicant excommunicandi potestatem, ii Ecclesiam jure suo spoliant, & Tyrannidem affectant piis intolerabilem.

Nec enim mihi necessarium videtur, ut Ecclesiae Christi • nae ist a ad se trahant, quae principes habent vere Christianos, quorum authoritate, morum disciplina constitui & conservari potest, urgent quidem-Excommunicationem Anabaptistae, & quia hanc improbamus, nos Ecclesias impuras habereclamant; sunt etiam alii qui etsi principes habeant vere Christianos, neque leges desint quibus morum licentia coercetur, ad hoc tamen senatu Eccl • siastico opus esse aiunt, qui in quorumvis mores animadvertat, et cui in principes quoque jus sit, et eos qui scandalum aliquod publicum dederunt, a caenae dominioae communion arceat, et eosdem non nisi suo judicio probatos, et praestitis prius satisfactionibus publicis ad Ecclesiae societatem et caenae usum rursus admittat—quasi vero non alia disciplinae forma institui posset, quam quae ipsis conficta est. Distingunt illi inter jurisdictionem Ecclesiasticam et politicam quoad meram disciplinam et scelerum poenas, at distinctio ista ex pontificorum officina deprompta est; in sacris vero scriptures nusquam habetur.

In Lucam. c. 12. in illa (quis me constituit judicem) docet ut singuli se intra metas suas contineant neque res aggrediantur a sua vocatione alienas: He speaketh against Anabaptists of that time who preached without a calling.

The Reader may perceive that Bullinger, Gualther, and Musculus 1. Do acknowledge, that the place Mat. 18. and 1 Cor. 5. do clearly prove an Ecclesiastical excommunication, which Erastus denieth. 2. That Erastus expoundeth these two places against the mind of those his friends: And never Divine in the world, Protestant, Papist, Lutheran, never Council, Father, Doctor, Ancient, or Modern, expounded the place Let him be to thee as a Heathen, as Erastus doth. 3. These Divines difference the Magistrate and the Church, in censures, power, function. Erastus confoundeth them, and saith as the Anabaptists of old did; against whom, Luther, Bullinger, Gualther, Lavater, Musculus, Wolfius, Aretius, Simlerus, disputed, that the civil Magistrate may lawfully dispence the Word and Sacraments. 4. They never condemned the Discipline of Geneva; Erastus doth. 5. They acknowledge there was in the apostolick Church, an Ecclesiastical Senate or Presbytery: Erastus saith, this is a devise wanting Scripture. 6. They denied Excommunication to be exercised by all the Church, as a devise of the Anabaptists: Bullinger saith, 1 Cor. 5. a dilectis ad hoc hominibus. Erastus saith, it must be exercised by the whole Church, if there be any such thing. 7. Bullinger and Gualther, think that Discipline is necessary in the Church: Erastus refuseth any such thing.

2. Bullinger and Gualther do think, that the Lord's Supper, which is an action of public thanksgiving and communion, should not be turned into a punishment, which is a Use that Christ and his Apostles hath not taught us: But this is easily answered, 1. The pearls and holy things of the Gospel are not turned into another Use then Christ hath ordained; because they are denied to dogs and swine as a punishment of their swinish disposition; and if these pearls were given to swine, should they not be turned to another Use then is ordained by Christ? Is not the union of members in a Church-body a sweet bound? is this communion translated to a bastard end, unknown to Christ and the Apostles? because the incestuous man is cast out of that Communion? This is as who would say, the Table of the House is a symbol of a sweet Communion of all the children of the House; Ergo, the Table is turned from its native Use, and is abused, if a flagitious and wicked son be turned out at the doors and removed from the Table. I think the contrary is true; the Lord's Table ordained for children, is converted into an Use not known to Christ and his Apostles, when the Table is prepared for dogs and swine; and this argument is against Christ, Mat. 7. as much as against us. 2. By this the excommunicated cast out of the House, is not debarred from the Table of the House. What sense is here? the offender is cast out from amongst the children of the Lord's family, and yet is admitted to the Table of the family?

3. These great Divines teach, that in the days of Christ and the Apostles, there was such an ordinance as excommunication, and that the Church who worketh not miracles, for anything that we read, and received a precept from the Holy Ghost for Excommunication, as a moral and perpetual mean to remove scandals, to humble and shame an obstinate offender, to preserve the Church from contagion, and to edify all, as is clear, Mat. 18. 15, 16, 17, 18, 19. 1 Cor. 5. 1, 2, 3, 4, 5, 6. 2 Thes. 3. 14, 15. Rom. 16. 17. 2 Cor. 10. 8. that the Church (I say) or men must be wiser then Christ, and remove this mean of edification, and substitute the sword of the Magistrate that hath no activity or intrinsical influence for such a supernatural end as edification: this cannot but be a condemning of the lawgiver Christ's wisdom. Whereas Mr. Prinne and others say, that by the preaching of the Word, not by Church-discipline, men are converted to Christ, as witness the many thousands of godly people in England where there have been no government, but prelatical: I answer▪ 1. This is to dispute against the wisdom of Christ who ascribeth to private rebukes and Church censures, the gaining of souls, the saving of the spirit, repentance, and humiliation, Mat. 18. 15, 16. 1 Cor. 5. 5, 6. 2 Cor. 2. 6, 7, 8, 9. 2 Thes. 3. 14, 15. Rom. 16. 17. 2 Cor. 10. 8. because preaching is more effectual; Ergo, is the Discipline not effectual? 2. Consider if thousands more would not have been converted if Christ's Government had been set up for which Mr. Cartwright, Mr. Udal, Mr. Dearing, and the godliest did supplicate the Parliament. 3. Consider if there hath not been in Scotland as many thousands, comparing the numbers rightly, when the Church was terrible as an Army with Banners. 4. Consider how the Tigurine Churches and others, for want of the hedge, have been scandalously wicked. 5. The Magistrate by punishing drunkenness, or fornication or extortion (for he cannot take away the life for these) doth not keep the lump of the whole Church from being leavened and infected with the contagion of such: The Church by removing and casting out such an one, must do that; and the personal separating from such as walk inordinately, cannot be an act of the Magistrate, and yet cannot but be a perpetual and moral mean or ordinance that the Church is to use, not only when they have not a Christian Magistrate, but perpetually; for we are to withdraw from those that walk inordinately, and are not to be corrupted with having entire fellowship with wicked men, whether the Church have a Christian Magistrate or no: I am to gain my brother by rebuking, and by telling the Church, and to esteem one that heareth not the Church, as an Heathen, or a Publican, that I may gain him: Whether there be a Christian or an Heathen Magistrate in the Church, except it can be proved, that the Magistrate as the Magistrate, is to gain souls to God: Yea, Musculus, Bullinger, and Gualther, have alike reason to say, there is no need that we rebuke privately a trespasing brother, and that we forgive him seven times a day, when the Church hath a Christian Magistrate, as they can say there is no need of Excommunication: for if the sword can supply the room of one spiritual ordinance of God, why not of another also? and the text will bear us out as well to say, we are not to eschew the company of a scandalous brother, for shaming of him, and for the danger of being leavened by him, because the Magistrates sword may supply the want of that mean of edifying, as well as it may supply the want of Excommunication: Yea, they may say there is no need of public rebukes by the Word, the sword may supply these also.