The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.

CHAP. XXV.

Quest. 21.

Objections touching the subordinations of Magistrate and Church removed.

THere is nothing more hated by the Adversaries then the pre∣tended emulation of those two superlatives and highest pow∣ers: Some Object, 1. Are not all powers on earth subject to the Magistrate? Ministers of the Gospel not excepted; doth not the Ma∣gistrate command the Pastors to preach the Word?

Ans. All power deviating offensively, and to the disturbance of societies in Morals, is subject to the Civill power and the Sword; and every power failing against the Law and Gospel within the bo∣some 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 spirituall and Ecclesiasticall way: See P. Martyr. Lo. Com. l. 4. c. 13. & seq; Its but a poor evasion of Vedelius, to say, That the Magistrate is sub∣ject to the Church Catachrestice & abusive, unproperly and abusively. 1. Because the Ministers as the Ambassadors of Christ do properly and not abusively preach the Gospel to Magistrates. 2. Magi∣strates are not unproperly the sheepe 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 any thing that the Pastors are Ministers, not Lords: for to people and Prince as they have souls to be saved, they are Ministers, and by this people should abusively be subiect 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.

Obj. 2. Then may the Church censure all sinnes, even those that are most proper to the civill judge, such as sorcery, parricide, sodomie, for the which the Magistrate is to draw the sword, and for which the Lord made the land to cast out seven great Nations.

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; with∣out the Church, God intendeth nothing, either in the intention of the worker or the work; but the externall peace of humane socie∣ty: Then, I grant the Magistrate is at the first without any pre∣vious labours of religious men, to save the soul of the offender, to take care of peace and the conservation of humane society; But within the visible Church, where the Gospel is preached, it is pre∣sumed, 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 horri∣ble scandals, and such as are capitall, in the intention of Gods dis∣pensation, without the Church, God intendeth nothing but peace; But in regard of the intention of Gods dispensation, within the Church, where the Gospel is preached, he intendeth both peace by the godly Magistrates care and eternall life, by the preaching of the Gospel; Because therefore life eternall is more necessary then externall peace, it is necessary that the Church first labour to try, cognosce of, and cure the mans soul by rebukes, threats, convicti∣on; 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 co∣active way by the sword, the genuine fruit whereof is not repen∣tance and gaining of the mans soul, except by accident and through the co-operation of a higher hand, above nature even of free grace)

but the externall peace of the common-wealth; hence in a consti∣tute Church, the Magistrate is not to proceed with the sword a∣gainst 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 la∣boured 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 antece∣dent: But, 2. If the Church be remisse, this is a defect▪ and some∣what 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.

Obj. 3. Those are subordinate to the Church, whose judgement and sentences are subjected to the Church, to be tryed or condemned by the Church, but the judgement and sentences of the Magistrate are subjected to the Church; Ergo, and by the like they prove, Pastors to be subjected to the Civill Magistrate, because their preaching, their dispensing of the seals, their sentences in their Presbytery are subjected to the Magistrate, so as he may absolve, or condemne.

Ans. Vedelius shall never prove the Major, as touching the sub∣jection or subordination in question; he is subject to the Magistrate, whose sentence or judgement is subject, in an antecedent cognizance, and in a coactive corporall 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 corporall coactive way only: But not in an an∣tecedent cognizance, and by a way of Ecclesiasticall censuring; we acknowledge a subordination of the Churches sentence to the Ma∣gistrate, in regard of the Magistrates externall care to punish ini∣quity in any; not in regard of intrinsecall 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.

Obj. 4. Ministers as Ministers are subjects of the King; Ergo, the King judgeth them as Ministers.

Ans. I deny the antecedent: The Ministery as such is an Ordi∣nance of God, and cannot be judged; nor are Ministers, nor Pain∣ters as Painters, nor Musitians as Musitians, 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 sub∣ject to Cesar; as Ministers they are the servants of Christ, & not sub∣jects. Ob. As Ministers they are either Magistrates or subjects; but Mi∣nisters 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 Chri∣stian 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* 1.1 subjects, is to be judged by the Magistrate in those things, in which they are subjects, that is, in all Civill businesse 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 bodi∣ly punishment to be inflicted by the Magistrate; But this is proper∣ly to be a subject of the Magistrate, to be lyable to the civill cogni∣zance, trying, and bodily punishment inflicted by the Magistrate, and to be a subject; and a member of the other Kingdome, is to be subject to the Ecclesiasticall cognizance, tryall, and censure of the Church, as a matter that concerneth the soul; hence the former con∣cerneth 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 extrinsecall to edification, to wit, by the sword; the latter concerneth peace with God, by a spirituall sword, the Word of God. 3. The former is carnall, and of the Kingdome of this world; the latter spirituall and of Christs other Kingdome, that is not of this world, Ioh. 18. 36. 4. The former worketh by coaction and bodily violence; the latter by removing unwillingnesse and making a rebellious soul obedient. 5. The former is an act of justice not terminated on repentance, or the mans 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 essen∣tially 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 Ministery; if they be not the Kings subjects, and with Christ; this is most false, for Iudas should not be a Minister of Christ then, in that he was not subject to the Law of Cesar, that is, that the ser∣vant and disciple should be for, and under his master and Lord, it only followeth; Ergo, Iudas 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 sinfull men they fight against Christ. 2. Master Coleman knoweth that we speak of the office of a Magi∣strate as a Magistrate, not under the accidents of Christian, or hea∣thenish; there was no reason he should apply his Argument to the Parliament, except to make us odious, as if we did not as much ho∣nour or pray for the Parliament and King, as himselfe: But it con∣cludeth equally against all Magistrates, and let him see it in a hea∣then Magistrate as a Magistrate: for a heathen Magistrate as a Ma∣gistrate, 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 horne of the Argument, is as weak for this, The heathen Magistrate as such manageth his office under, or for the De∣vil, is blasphemous, for so Magistracy and the office should be in∣trinsecally unlawfull, and for the Devil: But it is intrinsecally the Ordinance of God, Rom. 13. and apply this to God as creator, it shall appear of force. The Magistrate as the Magistrate, doth ei∣ther 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 hus∣band, Father, Master, Musitian, Painter, under these reduplications and it shall make the relation of Husband Devilish, or this propo∣sition,

(a Husband, a Father as a Father, and a Husband, manage their office, under, and for Christ the mediator, or under, or for the De∣vil) 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 sinne, 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 supream and immediate vicegerent as mediator; now in this sense, Christs 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 supream 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 A∣postle for Christ, or against Christ; Paul as an Apostle is either under Christ the mediator, and his supream and immediate vicege∣rent, 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 De∣vil, 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 medi∣ator, 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 Ecclesiasticall admi∣nistration; Ergo, he hath the power of the Spirituall 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 reduplica∣tion: 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 unbeleeving man; and the like▪ I say of a Minister, he that is not with Christ, as his immediate and supream swordbearer, is not against Christ, for so all the world except the Prince, should be against him.

Obj. 5. The Magistrate as he defendeth the body, and goods, so also the the fame of men; hence what is a matter of good or ill report is judged by the Magistrate, who may put ill doers to shame, Iudg. c. 187. But Church scandals, blasphemy, heresie, apostacy, are matters of ill report, and of shame; Ergo, they are to be judged by the Magi∣strate.

Ans. Non concluditur negatum, We deny not but the Magi∣strate may judge and put to shame offenders, but it is civill shame, by which the Magistrate judgeth any offender to be an evill Citi∣zen and hurtfull member of the common-wealth, Iudg. 18. 17. The Church hath no power thus to judge, or thus to put to shame: But there is an Ecclesiasticall shame, in which the Church judgeth, whe∣ther such a man be a sound and faithfull subject of the Kingdome of Christ, or a hurtfull Member of the Church, and of this shame spea∣keth 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 honour, that it be said of any man, as Psal. 87. This man was borne in Zion.

Obj. 6. What the Magistrate as a Magistrate punisheth, that as a Magistrate he judgeth; but as a Magistrate he punisheth Idolatry and heresie; Ergo, as a magistrate he judgeth it.

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 ci∣vill way, not as a Church scandal, but as a civill disturbance. 2. In a constitute Church, by a subsequent judging after those whose lips should preserve knowledge, have judged it to be Idolatry, and here∣sie; he is to judge it, and in order to corporall punishment, its true, and thus the Major is granted: But the assumption is false, for the Magistrate judgeth nothing as scandalous, no Idolatry, or heresie, with an antecedent judgement, and with order to Ecclesiasticall pu∣nishment to gain the soul. Obj. But there is no other judging or pu∣nishing required, but such as the magistrate inflicteth. Ans. This is

a false principle, and everteth all Church Government.

Obj. 7. But so you make two supream magistrates, the King and the Church, two collaterall supremacies; yet so as the magistrates conscience lyeth under the feet of the Church.

Ans. The Church hath a Ministery, 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 Ma∣gistrate is no more tyed to the judgement of a Synod, or Church, then any private man is tyed in his practice▪ the tye in Discipline and in all Synodicall acts and determinations, is here as it is in preaching the Word, the tye is secondary, conditionall, with limita∣tion in so farre as it agreeth with the Word, not absolutely obli∣ging, not Papal, qua or because commanded, or because determi∣ned by the Church, and such as Magistrates, and all Christians may reject, when contrary to, or not warranted by the Word of God.

Obj. 8. But Pastors have authority equally immediate and inde∣pendent under God, as the magistrate hath, and what more can they have except the Crowne and Scepter? is not this an emulous and odi∣ous equality, beside a collaterality? hence they cry the liberty, the li∣berty of the Kingdome of Christ, the right, the power of the Church is taken away, so often as the magistrate punisheth scandals.

Ans. Non-subordination can never inferre equality, who deni∣eth that the Magistrate may command the Husband and Wife to do a duty to each other, the father not to provoke the son, the sonne not to disobey the Father, the Pastor and People, the Master and Servant, the Captaine and Souldier, to do a duty each, one to ano∣ther. And there is a proper right and liberty, and power immedi∣ately 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 Sonne subject to the Father, nor the Ser∣vant to the Master, nor the Souldier to the Commander. God im∣mediately made those powers, and God in the Law of nature hath given a power to the Father over the sonne, without the Magi∣strate; 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 governe 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 equall to the Magistrate, all Masters, all Captains to the King, then that the Church or Pastors are equall to the King, for Fathers, Masters, Captaines, Husbands have immediately from God in the Law of Nature, a supream, 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 be∣tween the Magistrate and Pastors is no more in point of govern∣ment, then in point of preaching, exhorting, rebuking even of Kings and all that are in Authority; now we have both demon∣strated 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 Iesus Christ; and all emu∣lation here, is from men who will no•• submit to the yoke of Christ. 3. If the Magistrate should usurpe 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 counsell the Magistrate to take the spirituall right and power of the keyes of the Kingdome of God, from the Church and Pastors, the former should complaine, as do the latter.

Object. 8. But if the Kingdome be heathenish, and the heart of the King be first supernaturally affected, then Religion beginneth at him as a Magistrate, and he may appoint gifted men after they are con∣verted to preach the Gospell; Ergo, The first rise of Religion is from the Magistrate as the Magistrate.

Ans. If the King be converted first as a Christian, not as a Ma∣gistrate, he may spread the Gospell to others, and preach himselfe but not as a Magistrate, as Iehoshaphat commanded the Levites to do their dutie, 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 faithfulnes appea∣ring to the new converted Prince, he is to command those so gifted, (for their gifts and faithfulnes is as evident a call as to be borne the sonnes of Aaron,) to take on them the calling of preach∣ing 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 himselfe as a gifted beleever, in an extraordinary exigence,* 1.2 but he cannot doe this as a Magistrate, yea, Moses did never pro∣phecy 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 civill, that men gifted may be commanded by civill Authority, to dis∣pence Word and Sacraments, but nothing Ecclesiasticall 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 Kingdome, is a ci∣vill power, and due to him as a Magistrate, but a highest Church power, to dispense Word and Sacraments agreeth to no Magi∣strate 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 Synodicall acts and censures; except God have called him to preach the Word, and to use the sword of the other Kingdome, as a Member of the Church joyned with the Church.

Object. 9. But the Magistrate is unproperly subject to the Pastor, who is but a meer Herald, servant, and Minister, who hath all his* 1.3 authority from the word of another, and so it is but imperium alie∣num, a borrowed power, he is subject properly to Christ speaking in his Word. Titius is subject to the King properly, but unproperly to the Kings Herald.

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 Pastorall from the Magistrate, as the po∣wer of the Herald floweth immediately from the royall 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 o∣bey the King; and in those acts subjects doe 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 Ma∣gistrates

are so to obey Pastors in the Lord, and Pastors are so su∣preame under Christ as the Magistrate is not above them, and they have their Ambassage, calling, and commission immediately from Iesus Christ, without the intervention of the Magistrates Au∣thority.

Obj. But the obedience of the Magistrate to the Pastors, is not ab∣solute, but conditionall, if they command in the Lord; Ergo, It is no kindly obedience and subjection.

Ans. It followeth not, for so we should give no kindly obedi∣ence to Kings, to Parents, to Masters, for we obey them onely conditionally in the Lord, as they warrant their Commandement from the Word. Yet Vedelius will not say, it is unproper subjecti∣on we owe to the King, nor can he say that the Royall power is imperium alienum, a begged power, all obedience to men this way is begged, and if we come to Logick, 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 re∣fute me. It is enough Ministers of the Gospell discharge an Am∣bassage in the roome and place of God, 2 Cor. 5. 20. God com∣mandeth in his Ministers, a limited obedience, is kindly obedience.

Obj. 10. The keeping of the booke of the Law is given to the King, Deut. 17. and 2 Kin. 11. v. 12. Iehoiada the Priest gave the booke* 1.4 of the Testimony to King Iehoash, when they made him King, the Priests indeed kept the booke of the Law in the side of the Arke, but as servants of the King, and custodes Templi.

Ans. You may see solid answers to this, in Walens, Cabel Iavius, and Iac. Triglandius. 1. The booke of the Law was given to the King for his practise, that he might feare 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 speciall manner, that 1. The people might follow his Example, and therefore these same words which concerne 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 Royall office, should preserve knowledge, and that the people

should require the Law at the Kings mouth, which was the speciall* 1.5 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 par∣tiall in the Law, but should teach the people the difference between the cleane and the unclean, the precious and the vile in Iudgement, not accepting the persons of father and mother, Ezek. 44. 23, 24. and 22, 26. Lev. 10. 10, 11, Ieremiah▪ 15. 19. Deut. 33. 9. Yea, it was no lesse 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 burne incense and teach the people, but in a farre other Covenant, •• Kin. 11. 17, 18. 2. In which the King was to use the sword in defence of the Law and punish∣ing Idolaters: for 1. the King is neither commanded to teach Priests and people out of the booke of the Law; Nor 2. rebuked for his neglect in this: both these we may read of the Priests eve∣ry where 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 booke of the Law is put in the keeping of the Priests and Levites, Deut. 31. 25. And Moses commanded the Levites, which bare the Arke of the Covenant of the Lord, saying, 26. Take this book of the Law, and put it in the side of the Arke of the Covenant of the Lord your God. Now if the Priests had been onely the Kings servants immediately subordinate to the King, and mediately onely to Iesus Christ, the Arke, all the holy things, the booke of the covenant, the burning of incense before the Lord, had been principally and first injoyned 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 doe by their office; Hilkiah 2 Kin. 22. found the booke of the Law that was lost, and Shaphan the Scribe read it before the King, that they might see their Apostacie, and Iosiah might accordingly reforme, 2 King. 22 9, 10.

Object. 11. Isai. 49. Kings shall be thy Nurse-fathers: Ergo, Kings were Fathers and heads of the Church.

Ans. This text is brought for the Popes Supremacy, but it is Isai. 60. 10. Their Kings 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shall serve thee, this is no domi∣nion. 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 externall strength, dignity, that the King shall adde by his Authority to the Church, but the Tutor cannot ••ob the Pupil of the Law and priviledges of the inheritance. 2. The Prince is not a father spirituall of the second birth of the Church, as Paul was, 1 Cor. 4. 15.

Object. 12. He for whom we are to pray, that under him we may lead a quiet and peaceable life in all godlinesse and honesty, and procureth the good of the Church as the Church; to him as the supream Officer and Shepherd, is the Church as the Church subject; but the Magistrate is such, 1 Tim. 2. 1, 2. Ergo.

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 ex∣ternall coactive care by way of dominion to procure the remo∣vall of Wolves from the fold. 2. To procure the good of the Church, in order to a naturall and civill good. 3. To procure good to the Church as the Church in a coactive way, by the sword, in punishing Idolators. 2. The Church as the Church is not subor∣dinate to the Prince, but as Subjects of the common wealth, be∣cause he by a coactive power may procure the good of the Church as the Church; for indirectly and by the sword, the Magistrate defending godlines, and procuring the good of souls, doth not prove that his dominion and sword extendeth to their soules, or that he watcheth for their soules, as Heb. 13. 17.

Obj. 13. The Kings of Israel and Iudah have reformed Religion.

Ans. I cannot trouble the Reader, to adde here what I have answered elsewhere, but let the Reader see Triglandius, Ant. Walens, Gabel Iavius in the cited places, they have in the defecti∣on 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 civill power commanding Priests to doe their dutie.

Object. 14. Its true in severall respects, he that is a Governour, may be a subject, but in one and the same spirituall respect, to judge* 1.6 and to be judged, to sit on the Bench, and stand at the barre of Christ Iesus, is as impossible as to reconcile the East and the VVest together, so The Bloodie Tenent, I demand if the Church be a Delinquent, who shall judge? It is answered the, magistrate. Again if the magistrate

be a delinquent, I ask who shall judge it? It is answered, The Church. Whence I observe (which is, in most cases of the world monstrous) that one person, to wit, the Church or the Magistrate, shall be at one time* 1.7 the delinquent at the Barre, and the judge upon the Bench: for the Church must judge when the magistrate offends; and yet the magi∣strate must judge when the Church offends, whether she contem•••• civill authority, in the Second Table for thus dealing with him, or whether she hath broken the rules of the first table of which (say they) God hath made him a keeper and preserver, what blood, what tumults hath been, and must be spilt upon these grounds? Ib. so* 1.8 the Church calleth one of her members to office, and ordaineth him an officer: The Magistrate opposeth him as an unworthy officer, and accor∣ding to his conscience suppresseth him; upon this the Church complaineth of the Magistrates violation of her priviledges, and that he is turned persecutor, and not prevailing with admonition, She excommunicateth the Magistrate: The Magistrate again not induring such violation of or∣dinances, he cutteth off with the sword, such prophaners of ordinances.

Ans. All this is but wind, devised against the Magistrates pu∣nishing* 1.9 of Idolaters, and I shew the same followeth upon the Ma∣gistrates, or Church erring, the one in abusing civill authority, or the other in prophaning ordinances, or preaching the word; for instance, The Iudges of a land, or of Ierusalem, make grievous and bloody decrees against the poor, the widdows and the Or∣phane: A faithfull Isaiah, a zealous preacher by authority from the Lord, judgeth and condemneth according to his conscience, these judges, and cryeth 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) grievousnesse, to turne aside the needy from judgement, and to take away right from the poore: Now the Magistrate that decreed those decrees, judgeth in his conscience they are righteous decrees, and he according to his conscience no•• induring that Isaiah or any preacher should thus abuse and pro∣phane so holy an Ordinance of prophecying, and preaching: as to preach lies in the name of the Lord, he proceedeth in his civill court, and cu••teth off with the sword such false Prophets, because they ••lander the Lords annoynted, 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 consci∣ence the truth of God: But say that Shimei were a Prophet, and he calls David his Prince a bloody murtherer; and saith, this evill is come on him, for rising up against Saul his Master; The Magi∣strate may not punish him with the Sword, for railing against the Lords anoynted. 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 condemne the Magistrate, for those same decrees which he hath given out according to his conscience? for this is a persecuti∣on with the tongue, Mat. 5. 11. Iob 19. 22. and it is one and the same spirituall cause, saith this Author. 3. The same very Author and the Parliament, do reciprocally judge and condemne one ano∣ther; for the Parliament make warre against Papists, for drawing the King on their side, and causing him make warre against the Lambe and his followers, that is, against godly Protestants: Now suppose Priests and Iesuits, preach this to the Queen and other Pa∣pists, and they according to their conscience make warre against the flock of Christ, and the Parliament according to their conscience make warre against them: this Author sitteth downe, and judgeth and condemneth both sides as bloody persecutors, for point of con∣science: Now though the Author in his Bench with his penne con∣demneth 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 condemne 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 barre, that the Church judge the Magistrate, and the Magistrate judge the Church: But I hope con∣tradictions 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 judgement 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 pro∣phecying that he should dye 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 Synodicall constitutions. 2. To answer to his reasons. 1. It followeth not that in one and the same spirituall respect, one and the same person judgeth on the Bench, and is judged at the Bar; for the Churches judging is in a spirituall respect, as the officer ordained, may pro∣mote the building of Gods House, the Magistrates suppressing him is no spirituall respect; but as it disturbeth the peace of the State, that so unworthy a person is an officer in Gods House, and is hurt∣full to the Church of God in their edi••icatio••, which the Magistrate is to promote not in spirituall, but in a civill 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 farre, as to reconcile East and West toge∣ther; A••••••b may judge Naboath to be condemned and stoned for his vineyard to day, and immediately after Elias the Prophet may arraigne him before the Barre and tribunall of God to be condem∣ned, and adjudged to dye in the portion of Iezreel, where the dogs may lick his blood: It is true Elias is not properly a judge, but a declarer, in a propheticall and authoritative way of the judgement of God; but this is all the judiciall power which we ascribe to Church, or Presbytery and Pastors; they are meer Ministers or servants to declare the will and sentence of God: When the Mini∣ster preacheth wrath against the King for his sins, he judgeth the King in a Pastorall and Ministeriall 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 maintaine as consistent and ne∣cessary in Ministers of Gospel and Magistrates: But such a distance betweene them, as between East and West, we see not. The Au∣thor should have shewne it to us by his owne grounds: The Church may excommunicate a Magistrate as a persecutor, who cut∣teth off Idolaters for their conscience; yet the godly Magistrate may judge and punish them with the sword, for abusing the ordi∣nance of Excommunication, so as to excommunicate the godly Ma∣gistrate, because he doth punish evill 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 masse of contradictions, •••• followeth not: The ••umul••s and blood have their rise from mens lusts, who are impatient of the yoak of Christ, not from these two powers to judge Ecclesiastically in the Church, and to be judged ci∣villy by the Magistrates: The Author draweth his instance to the actuall judging of the same thing contradictory wayes; for exam∣ple, 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 Ecclesi∣asticall way any matter, and another (that the Christian Magistrate hath power in a civill way, to judge righteously the same matter) and a ••ar other thing it is to say, The Church hath a power Ec∣clesiastically* 1.10 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 ordaine Ecclesiastically, Epaphroditus to be a preacher of the Gospel, because these graces and gifts are in him that are requisite to be in a faithfull preacher; and God hath also given a power to the Christian Magistrate to adde his civill sancti∣on 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 Ministery in an Ecclesiasticall way, and that God hath given a power to the Christian Magistrate to anull this lawfull ordination of Epaphroditus: Now the Author putteth such a supposition, that Church and Magistrate have two lawfull 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 po∣testas.

Obj. 14. How can the Magistrate determine, what the true Church and ordinances are, and then set them up with the power of the sword? and how can he give judgement of a ••alse Church, false Ministery, false Doctrine, and false Ordinances, and so pull them down by the sword? and yet you say the Magistrate is to give no spi∣rituall

judgement of these, nor hath he any spirituall power for these* 1.11 ends and purposes. Bloody Tenent.

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

Notes

• * 1.1

  The Mini∣sters as Ministers neither Magistrates nor sub∣jects. The Ma∣gistrate as such nei∣ther mana∣geth his of∣fice under Christ as mediator, nor under Satan, but under God as creator.
• * 1.2

  A Prince as a gifted Christian may preach and spread the Gos∣pell to a land where the Gospell hath not bin heard be∣fore, but not as a Magi∣strate.
• * 1.3

  Ità videlius Ep. Const. quest. 11.
• * 1.4

  Vtenbogard cont. Ponti∣fic. primat. p. 71, 72, 73 Anto. Wal. p. 2. p. 30, 31. Cabcl Iavius apol. disser. de l. Eccles. c. 6. p. 82. Iac. Trig. Des. Thho.
• * 1.5

  The King and the Priest kept the book of the Law, but in a farre diffe∣rent way.
• * 1.6

  Bloody Tenent, Cap. 82. page 119.
• * 1.7

  C. 65. ••a. 123.
• * 1.8

  C. 85. pa. 124.
• * 1.9

  The Pa∣stors and the Iudges do recipro∣cally judge and cen∣sure one another.
• * 1.10

  God hath not given a power to the magi∣strate and Church and to judge contrary wayes, just∣ly and un∣justly in one and the same cause.
• * 1.11

  Bloody Te. c. 84. p. ••22.