Magistrate cannot be punished with Excommunication himselfe.
Ans. I retort it, he whose consent is required for threatning wrath ••o, and rebuking of offenders and scandalous men, he is not to be threatned with wrath, and rebuked for his own offences and scandals; because no man, no Theodosius, no godly Magistrate, when he seeth the present danger, will consent, that he be threatned with the wrath of God and rebuked himselfe; We know Nathan was afraid to rebuke a Magistrate according to Gods heart, but in the third Person. But Erastians teach that the Magistrate, when he scandalously of∣fends, should be threatned and rebuked; Ergo, the Magistrates consent is not requisite to threatnings and rebukings of Pastors. But the conclusion is against Erastus, for the Pastors preach, and re∣buke, and threaten as the deputies and servants of the Magistrate, and as sent by him; and the Magistrate preacheth, rebuketh, threat∣neth all offenders, and himselfe also in and through Pastors as his servants, as Erastus teacheth; then he must consent, that they threaten and rebuke himselfe. 2. The proposition is false, it is pre∣sumed, all the subjects do consent to lawfull penall Lawes against sorcery, murther, incest in the generall, and virtually, that they shall be put in execution against themselves: yet the Sorcerer will never formally consent, that he himselfe be put to death, though he once, as a subject, consented to the Law, that all Sorcerers be put to death: For when the penall Law against sorcery was enacted, he consented to this. 3. He whose consent accumulative is requisite, that scandalous offenders in generall be Excommunicated, but not that this or this man, possibly the Magistrate himselfe, he is not to be Excommunicated, is most false; he whose consent negative, is requi∣site for Excommunication, he is not to be Excommunicated himself, the proposition is true; But I assume, the Magistrates consent nega∣tive, is requisite to Excommunication, there is nothing more false: For shall that which the Church bindeth on earth, not be bound in heaven, except the King, the Iustice, or Master Constable say Amen to it on earth? We say not that the Magistrates consent as a Ma∣gistrate, is requisite, for the Excommunicating of himselfe. For though as a Magistrate he ought to give his consent to Excommu∣cate all offenders, and adde his civill sanction, as one of the seven wise men of Greece said, Patere legem, quam ipse tuleris. Yet he is not Excommunicated as a Magistrate (except with Kata-baptists,