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. XXVI.

Quest. 22.

Whether appeals are to be made from the Assemblies of the Church, to the civill Magistrate, King or Parliament? and of Paul his ap∣peal to Cesar.

FOr the clearer explanation of the question, its possible these considerations may help to give light, 1. There be these opini∣ons touching the point: Some exclude the Magistrate from all care* 1.1 of Church-discipline, ••. As Iesuits 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 hang∣man, any writings of Iesuits 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 Ma∣gistrate ought to tollerate all Religions, even Turcisme and Iu∣daisme not excepted, because the conscience of man cannot be compelled: Some of them were Socinians▪ as Henry Slatius, who

saith right downe, he that useth the sword, or seeketh a Magistra∣cy▪* 1.2 is not a Christian; yea, war is against the command of Iesus Christ, or in any tearms to kill any; saith Henry Welsingius, Episco∣pius their chief man will have the Magistrate, going no further then reall or bodily mulcts or fines, Ioan. Geisteranus pronounceth it un∣lawfull to be a Magistrate to use the sword: But all say the Ma∣gistrate ought not to use the sword against Hereticks, 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 defence of the halfe of Gods 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 joynt of their Religion and a matter of conscience: and all these will be found to give to the Magistrate as the Magi∣strate, just as little as Iesuits do in the matters of Religion, and that is right downe nothing, except possibly the Magistrate be of their Religion only, whom he Governs only as a Christian man; the Ma∣gistrate 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 internall jurisdiction granteth to him all the externall government of the Church. 6. We hold that the Magistrate keeps both Tables of the Law, and that he hath an inspection in a civill coactive way, in preserving both Ta∣bles 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 Eccle∣siasticall constitutions, or in relation to the politick and civill Laws of a Common-wealth, is a far other thing.

3. As the Church is to approve and commend the just sentence of the civill judge in punishing ill doers, but only conditionally in so far as it is just, so is the magistrate obliged to follow, ratifie, and with his civil sanction to confirme the sound constitutions of the Church: But condi∣tionally, not absolutely, and blindely, 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 civill wronging of the Magistrate as the Magistrate, or of the mem∣bers 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 colours, proportion, and the counte∣nance beside the samplar, and the failing not against Art, but a∣gainst the Lawes of the King, in that he hath lavished out too much gold in the drawing of the image, doth belong to one judgement; 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* 1.3 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 erre and fail against the Law of Christ in the matter, and decree, the man to be a he∣retick, who is none, and that to be heresie which is truth; the op∣press••d man in a constituted Church may have his refuge to the godly Magistrate and complain, but he cannot appeal, for an appel∣lation is from an erring judge to an higher judge, in eadem s••rie, in the same nature and kinde of judicatures, as from a civill Court to a higher civill Court, and from an Ecclesiasticall Court to a higher; as suppose the Church of Antioch judge that the Gentiles must be circumcised, the godly there may appeal to the judgement of Apo∣stles and Elders, in a Councell conveened from Antioch and Ie∣rusalem both: and therefore because the Magistrate can no more judge what is heresie, 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 Sacra∣ments 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 againe, 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 himselfe; But the Ma∣gistrate may judge of the Painters breach of promise, who did ••a∣ction

to draw it exactly according to the samplar, and hath not kept faith to the man who payeth him wages; and therefore the Magi∣strate may either punish his▪ morall 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 a∣gain, 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 Ecclesiasticall rules in Church government, as Act. 15. then he meddleth with pain∣ting 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 Gods house, belongeth in a far nearer rela∣tion to the conscience of the godly Magistrate. I Answer, As touching the formall 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 Magi∣strate, to do these in his owne person formally; because God hath not called him to act these, then it belongeth to him to paint an Image, to sew shooes, to si•• at the helme 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 lesse hurt, or be∣nefit 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 Gods house, then any painting or Arts in the earth:* 1.4 Again, the Church proceeding in these things, that are against com∣mon iustice in all judicatures, no lesse then in the Church, as to condemn the party never heard, or not convinced, either by confes∣sion, 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 beleeveth, or thinketh, or falsly lyeth, 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 businesse belongeth not to him; those who follow Erastus, and deny all power of censures to the Church, doe 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 inferiour judicature, to a superiour judge, in eadem* 1.5 serie, in the same kind, and it is either proper or unproper: Pro∣per it is, when a particular Church doth appeal to a Synod of ma∣ny Churches in the same place: Unproper, when either a wron∣ged person hath recourse to one or many Pastors of Authority, as Chrysostome, 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 unpartially proceed to right an oppressed man, as Cabeljavius saith. Or, 3. When there is no Synods to be had, then as Triglandius* 1.6 saith well from Beza, the Christian Magistrate may provide ••it meanes of releeving the oppressed.

8. This would ever be remembred, that in case of the Churches erring in judgement, which must be thought of as a sort of extra∣ordinary case, the godly Magistrate may do more, then what or∣dinarily he can doe; and so may the Church, when the Magistrate oppresseth in judgement, as great Iunius saith.

9. We grant when any complaineth to the Magistrate, that they are oppressed in judgement by the Church, that the Church is ob∣liged to give an account of their doings, but that from common charitie to remove the scandall, 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 Iudges, nor yet to the Magistrate. 2. The Magistrate, when his judging is dee∣med scandalous, is to give an account to the preachers of the Gos∣pel, who watch for his soul: as King Saul gave an account to Sa∣muel, (with a false Apologie, I grant) that he had obeyed the Com∣mandement of the Lord; but if Saul had been faultlesse in sparing ••gag and the cattell, yet was he obliged to give an account to Sa∣muel.

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 Gods will, yet is it all the subordinati∣on that we require in this, according to that, And the people be∣leeved the Lord and Moses. Now all the Arguments before alledg∣ed to prove that Pastors as Pastors are not subordinate in their pastorall acts to the civill Magistrate, do also prove that there is no appeal from the Church in an Ecclesiasticall businesse to the ci∣vill Magistrate: For 1. If two Painters contend touching any con∣troversie in the mysterie of their Art, they cannot appeal to the King as Iudge; 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 appeale from the Church in a Church controversie, sure the King as King should be a Church Officer: if the Priests in controversie 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 farre as the Kings lips in that controversie 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 Cesar, if he had been a Christian, in the controversie touching circumcision; he should have determined who were perverters of souls, who not, and should have said by his office, as Emperour, It seemed good to the holy Ghost and to me. 3. We have not any practise, or pre∣cept or promise in the Old or New Testament, for any such ap∣peal, except they say, all hard questions belonging to the Priests office were to come before Moses as a civill Magistrate, and not as the great Prophet to whom God revealed his minde. 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 Arrius, that Christ is God consubstantiall with the Father, and all binding and loosing in Earth as in heaven, should be from the Magistrate as the Ma∣gistrate, he should forgive and retaine sins, and Christ should have

given the keyes of the Kingdome 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 ob∣scure in the New Testament, in which there is not one word of such a supream and chiefe officer as the Magistrate. 5. The Par∣liament, colledge of civill judges, as they are civill Magistrates, should be the Church assemblies, and determine all doctrines, de∣barre the ignorant and Hereticks, and Apostates from the Sacra∣ments, and totally cast them out of the Church and excommuni∣cate them; I see not but then the Parliament as the Parliament is the Church, and the two Kingdomes, Ioh. 18. 36. must be con∣founded, and no difference at all made between the civill state and the Church, because the Magistrate as the Magistrate is made by the adversaries the chiefe officer over the Church, the Ecclesiasti∣call head, the mixt Governour, halfe civill, whole Ecclesiasticall, 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. Pryn to call them Anti-Monarchicall, Anti-Parliamentary, and Novators, who deny that the Parliament hath any Nomothetick power in Church-canons. Nor hath hee in any measure answered the Arguments of those Learned and godly Divines, Mr. Iohn Goodwin, and Mr. Hen: Burton; he is pleased to cite the practise of many Parliaments of England, who laudably impatient of the Popes yoke, have made Church-ca∣nons, when the man of sin sate upon the neck of the Christian church; but these numerous citations of Parliaments and Coun∣cels in time of Popery conclude nothing against us, who grant when the Church is not her selfe, 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* 1.7 convocate Councels; It hath not strength against us, all our Di∣vines teach so. But how, 1. an accumulative civill power, so Iewel, Alley, Bilson, Whitaker, Willet, White, Roger, he might have cited more; but no privative, no Ecclesiasticall power, so as Synods may not lawfully conveen without the command of the civill Ma∣gistrate;

our Divines say many Synods and Church meetings were in the Apostolique Church without the consent and against the will of the civill Magistrate; our Divines oppose the Pope, who claimeth the only accumulative, civill, privative, and Ecclesiastick power to convocate Synods, and that no Synods are lawfull with∣out the consent and mandate of the holinesse of such a Beast. 2. Master Prinne saith, The Magistrate hath power to direct, for* 1.8 time and place, and to limit for matter and manner, the proceedings, liberty and freedome of all Church Assemblies: But, 1. he asserteth this in the most, from corrupt practises. 2. He proveth, Laymen should have hand as well in Synods, as Clergymen, the one having inte∣rest* 1.9 in the faith, as well as the other. Ans. Then must all the peo∣ple be members of Synods, for all have alike interest of Faith: but this proveth not interest of defining, which is the question; in dis∣pensing 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 lesse; yea, more principally then Pastors, as Erastus saith, the Magistrate more principally de∣termineth Synodicall constitutions: Hence this is easily answered, we may appeal in Church businesse to him as to the supream judge, who may punish the erring Church and Pastors; but the Magistrate may in Church businesse do this: For answer, 1. I retort it, the Ma∣gistrate in making civill Lawes, that must in their moralitie be de∣termined by the Word of God, may appeal to Pastors, whose lips by office should preserve knowledge; Ergo, the Magistrate in ma∣king civill Lawes, 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 Pa∣stors 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 Pastorall rebukings and threatnings, in believing of all Gos∣pel promises and threatnings, and fundamentall truths, appeal from Pastors to Magistrates as Magistrates, and Magistrates as such may determine all fundamentall truths, all conscionall promises and re∣bukes; and that is, formally they may preach, (for he that can di∣stinguish these hath a good engine) Because Magistrates may punish

hereticall 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 Disci∣pline; 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 burne incense in his own person, as Mr. Pryn will have him to make Church∣laws in his own person: Other Arguments of Mr. Pryns are light;* 1.10 as, that there were brethren, and Lay-men that had hand in the Councell at Hierusalem, Acts 15.

Ans. This is nothing for Magistrates as Magistrates, but all Christi∣ans as Christians so must have hand in Synods, which I grant in so far as concerneth their faith and practise, 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 Ecclesiasticall constitutions, as having in them all power of Ecclesiasticall jurisdiction, and deriving it to Bishops and Pastors at the second hand, as Mr. Pryn saith in the same booke.

Obj. But the King is head of the Church; Ergo, he maketh lawes* 1.11 to regulate the Family.

Ans. The Antecedent is false, if not blasphemous; it is proper to Iesus 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 Eccle∣siasticall persons have no manner of Iurisdiction Ecclesiasticall, but by, under, and from the Kings Royall Majesty, the onely and un∣doubted supream 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 Ecclesiasticall, and to correct all vice and sin whatsoever▪ for neither is the subject, the Archbishops, Bishops, &c. lawfull, nor is the limitation of the subject lawful, for Ecclesiasticall officers are the Ambassadors of Christ, not of the King.

Obj. All Christians are to try the Spirits▪ Ergo, Much more Magistrates.

Ans. This proveth that Christians as Christians, and Magistrates as Christians, may judge & determine of all things that concerneth their practise, and that they are not with blinde obedience to re∣ceive things; Mr. Pryn cannot say, that 1 Iohn 4. 1. is meant of a Royall, Parliamentary, or Magistraticall tryall, Iohn 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 Iohn 4. 1.* 1.12

The speciall 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 Iudge to a civill and a heathen Iudge, in a matter of Religion, when he said before Festus Acts 25. I appeal to Cesar; Ergo, so may the Ministers of Christ far more appeal to the Christian Magistrate, and that Paul did this jure, by Law, not by Priviledge, but by the impulsion of the Holy Ghost, is clear, in that he saith, He ought to be judged by Cesar; so Maccovius, so Vide∣lius, 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 Religi∣on, 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 constitu∣tions, and say, It seemed good to the holy Ghost and to me; and by this, Nero by office is to excommunicate, make or unmake Pa∣stors and Teachers, judge what is Orthodoxe Doctrine, what not, debarre hereticks, Apostates and mockers from the Table, and admit the worthie; and Paul the Apostle must have been the Ambassador and Deputie of Nero in preaching the Gospel, and governing the Church, and Nero is the mixt person, and invested by Iesus Christ with spirituall jurisdiction, and the keyes 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 controversie of Religion, to a Nero, a Heathen unbaptized Head of the Church, and referred his faith over to the will, judgement, 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, appeale from the Church to a Heathen without the Church, in a matter of Re∣ligion

and Conscience; then Nebuchadnezzar was head of the Church of Iudah, and supreame judge and governour in all cau∣ses and controversies of Religion, how can we beleeve the adver∣sarie, who doe not beleeve themselves? and shall we make Do∣mitian, Dioclesian, Trajan, and such heads of the Church of Christ?

2. It is not said that Paul appealed from the Church or any Ecclesiasticall judicature to the civill judge; for Paul appealed from Festus who was neither Church nor Church officer, and so Paul appealeth from an inferiour civill judge, to a superiour or civill judge, as is clear, Acts 28. 6. And when Festus had tarried amongst them more then ten dayes, he went downe to Cesarea, and the* 1.13 next day sitting in the judgement seat, commanded Paul to be brought, vers. 10. And Paul said, I stand at Cesars judgement seat, where I ought to be judged; he refused, v. 9, 10. to be judged by Festus at Ie∣rusalem, but saith, v. 11. I appeal to Cesar: Now he had rea∣son to appeal from Festus to Cesar, for the Iews laid many grievous complaints against Paul, which they could not prove, vers. 7. And it is said vers. 8. That Festus was willing to doe the Iewes a pleasure, and so was manifestly a partiall Iudge; and though the Sanedrim at Ierusalem could have judged in point of Law, that Paul was a blasphemer, and so by their Law he ought to die, for so Caiphas and the Priests and Pharisees dealt with Iesus Christ, yet his appeal from the Sanedrim, 1. corrupted, and having ma∣nifestly declared their bloodie intentions against Paul. 2. From a Sanedrim in its constitution false, and degenered far from what it ought to be by Gods institution, Deut. 17. 8, 9, 10. it now usurp∣ing civill businesse, which belonged not to them; Paul might also lawfully appeal from a bloodie and degenerating Church judi∣cature, acting according to the bloodie lusts of men against an in∣nocent man, to a more unpartiall judge, and yet be no contemner of the Church; this is nothing against our Thesis, which is, that it is not lawfull to appeal in a constituted Church, from a lawfull unmixt Church Judicature to the civill Magistrate in a matter of life and death. 3. Paul appealed from the Sanedrim, armed with the unjust and tyrannicall power of Festus, a man willing to please the bloodie accusers of Paul, as is clear, v. 9. And Festus willing to doe the Iewes a pleasure, answered Paul and said, Wilt thou go up to Ierusalem, and there be judged of these things before me?

3. The cause was not properly a Church businesse but a crime of bodily death and sedition; I deny not but in Pauls accusation, pro∣phaning of the Temple, teaching against the Law of Moses was ob∣jected to him. Materialiter the enemies made the cause of Paul a Church businesse, but formally it was sedition. 1. It was a businesse for which the Sanedrim sought Pauls life and blood, for which they had neither authority nor Law by divine Institution, there∣fore they sought the helpe of Felix, Festus and the Roman Depu∣ties; so Lysias vvrote to Felix, Act. 23. 29. I perceived Paul to be accused of questions of their law, but to have nothing layd to his charge worthy of death, or of bonds: Now it is clear the Roman De∣puties thought not any accusation for the Iewish Religion a mat∣ter of death and bonds, and therefore Gallio the Deputie of A∣chaia, Acts 18. 14. saith to the Iewes, if it were a matter of wrong and wicked lewdnes, O yee Iewes, reason were that I should bear with you. 15. But if it be a question of words and names, and of your Law, looke yee to it, for I will be no judge of such matters; Ergo, to the Romans, all the blasphemies of the Iewish law was not a matter of wicked lewdnesse, nor of death: Now the story is clear, they were seeking Pauls life, and for names and words, the Iewes 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 judgement 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 owne Superstition, and of one Iesus, who was dead, whom Paul affirmed to be alive: Here it is clear, all are but words, nothing worthy of death, which the Iewes chiefly intended; therefore they accuse him of treason, as we may collect from Pauls Apologie, Acts 25. 8. Neither against the Law of the Iewes, neither against the Temple, nor yet against Cesar have I offended any thing 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 Iewes, throughout all the world, see Acts 21. 38. of all which, though blasphemy according to the Iewish Law was something, yet sedition to the Romans, who only now had power of Pauls life, was all and some; and when the Deputies counted so little of Religion, the

Iews knew sedition and treason against Cesar behooved to do the turn, and Paul, seeing they pursued him for his life, appealed to Ce∣sar to be judged in that. Now, except the adversaries prove that Paul referred the resurrection of Iesus, and of the dead, and his preaching Christ, and the abolishing of sacrifices, the Temple, the Ceremoniall Law, to be judicially determined by Nero as by the head of the Church, they prove nothing against us: Hence their chiefe argument is soone answered; in what cause Paul was accused of the Iews, in that he appealed to Cesar: But he was accused not for his sedition, but for his Doctrine, Act. 26. 18. Ergo, Paul appealed to Cesar 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 Iews in that he appealed, true; but in what cause he was accused, in all and every Article of the points of his accusa∣tion and challenge, I deny that; for as touching doctrinals, and his being judged by a lawfull Church, and rightly constituted, he ap∣pealed neither from the Sanedrim, nor from Festus, but declined Festus, nor in these did he appeal to Cesar; he only appealed in all cases, which might concern his head and blood. 2. The assump∣tion 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 cor∣rupt men; yet that they believed, that Cesar, 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 justifie Pauls appeal in the tearms of the adversary.

Obj. But may not Nero accuse Paul, that he dare preach his Ie∣sus Christ in the Emperours dominions?

Ans. If his dominions be the Christian Churches conquered by his sword, he may accuse as he conquered, that is he may oppresse the consciences of men in accusing, as he oppressed them in their bodies and liberties in the conquering of them: But he may not* 1.14 as a conquerour accuse them for their conscience, he may if he con∣quer those that worship Sathan, cause instruct them in all meek∣nesse and lenity: But this he doth by the sword as a Christian ru∣ler, to inlarge 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 tollerating it; I conceive, though he have a definitive voyce 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 perpetuall truth, God never gave authority or power of the sword to do ill, ad malum non est potestas: what other things Vide∣lius and Vtenbogard have on the contrary, are answered: Hence* 1.15 we ask, 1. If the intrinsecall end of judging and censuring Ecclesi∣astically, be not the inlightning of the mind, the gaining of souls; and if Nero, or Christian, or Heathen Magistrates, be appointed for that spirituall end? 2. If Paul aymed to refer the judging of the Gospel to Nero? 3. If Paul knowing the Sanedrim sought his blood, not the gaining of his soul, might not appeal to the Magi∣strate 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 Magi∣strates Headship over the Church and Gospel? 5. If the Ecclesiasti∣call 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 lawfull to appeal and decline, and provoke to the civill Magistrate?

4. Moreover Paul appealed not to Cesar, in ordine ad censuram au•• pen••m Ecclesiasticam▪ in order to a Church censure, as if he thought Cesar should principally excommunicate and cast him out of the ••ynagogue, or judge him in an Ecclesiasticall 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 Ioh. Camero. prelectio, in Mat. 18. 15. p. 151. Christiani principes sunt precipui in Ecclesia in sensu diviso, sunt precipui et sunt in Eccle∣sia, non in sensu conjuncto, non sunt prec••pui Ecclesiastici: Non enim obtinent principes directe authoritatem Ecclesiasticam, sed indirectè▪ non quod velimus ulla in causa ullum eximi jurisdictione principis, sed quia ejus jurisdictio non nisi per media Ecclesiastica pertinet ad consci∣entiam, 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 directè, esset enim medicus, at indirectè princeps id studere debet, Itaque Col∣legium Magistratuum nullo modo Ecclesia dici potest, imo quatenus Magistratus est de Ecclesia, subjicitur hac in parte Collegio Ecclesi∣astico 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 fa∣ciunt 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 ver∣bum, Rex enim cum senatui Ecclesiastico paret, non paret illi obedi∣entia 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 Camero ascribeth more to the Magistrate then is due, for there is no rea∣son why he saith the Prince obeyeth the Church unproperly, more then the people; for it is the same obedience that Prince and peo∣ple* 1.16 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 Ma∣gistrates end and object, is not only peace and the good of the bo∣dy, and of the externall man, but also of the soul even a super∣naturall good, the externall 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 materiall object and end, (of the Iewish Kings I adde nothing to what I have an∣swered before) but in the formall end and object they differ: Its* 1.17 true, I have said that the intrinsecall end of the Magistrate is a su∣pernaturall good: But, 1. That I speak in opposition to the Au∣thor of the bloody Tenent, to Socinians, and such as exclude the Magistrate from all meddling with Religion, or using of the sword

against Hereticks, Apostates, and Idolaters. 2. That I understand on∣ly of the materiall end, because the Prince punishing Idolatry, may per accidens, and indirectly promote the salvation of the Church, by removing the temptations of Hereticks 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 eternall: but all this is but to act on the externall man by worldly power.

But saith Camero, it is not true that the Church must meddle with* 1.18 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 Physitian killeth a man either of temerity or negligence, there is no question but it is a great sin; yet the tryall of this belongeth not to the Church: so the Pastor may exhort the Magistrate to do his duty, but to give judgement 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 arte, You must be∣lieve every man in his owne Art and calling, otherwise great confu∣sion should follow.

Ans. Observe that Camero 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 poysoning of a Kings son, belongeth not to the King and Parliament; for a me∣dicinall and physicall trying, how the Physitian killeth a man, doth properly belong to the Colledge of Physitians; and if it be∣long not for this physicall reason to the Church court, because it is not their Art to judge of medicinall potions, no more shall it be∣long to the civill judge to try this murther by poyson: for as Pastors as Pastors are not Physitians, and so cannot judge of the fact; so Kings and civill judges, as such, are not Physitians, and cannot judge for circumstances of a fact of incest, murther, 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 arte, we must believe the judge in his owne Art, he saith this is an art of justice: then Isaiah and Ieremiah 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 fatherlesse and widow, and do not crush them, and Pastors cannot rebuke the sins of unjust judges, but you must be∣lieve they do just and right in their owne art; yea, many villanies and scandals are carried so mysteriously, and in the clouds, that we must believe the sinner in his owne art and trade of sinning, and be∣lieve the harlot, who wipeth her mouth and saith, I have not sin∣ned. For the practice of Constantine the Great, in the cause of Do∣natus* 1.19 and Cecilianus I remit to Eusebius l. 10. c. 5. to Optatus Meli∣vitanus who wrote the History of the Donatists carefully, to Au∣gustine Epistle 162. and for the determination of the question, see what the Emperour writeth to the Councell 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 judi∣cari, propter quod Dei solius inter vos exspectate judicium, &c.

That Nectarius was chosen and ordained Bishop of Constanti∣nople by Theodosius Socrates l. 5. c. 8. saith not, but by the contrary a centum et quinquaginta Episcopis qui tum aderant ordinatus. The∣odoretus l. 5. c. 8. saith he was designed Bishop by the Synod of Con∣stantinople: 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 devided in judgement; and its like they referred the matter to the godly Emperour: In the mean time Athanasius Epist. de solit vita, Ambros. l. 5. orat ad auxentium, and l. 5. Epist. 32. ad valentinianum. Zozomen l. 6. c. 7. Concilium Tole∣tanum. 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 adde Augustin, 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 lear∣ning.

Notes

• * 1.1

  Bellarmine de laicis c. 17. c. 18.
• * 1.2

  Slatius i•• aperta de∣claratione. p. 53. Ma∣gistratus non valet sub pena••∣terne con∣demnation is gladio uti, aut domi∣natum pete∣re, quisquus id facit, Christianus non est. Welsing. lib. de offici•• homi. Chri∣stiani. p. 1. Sim. Epis. dis. 13. c. 18. 19. Divers o∣pinions of the Magi∣strates po∣wer in causes Ec∣cle••iasticall.
• * 1.3

  It is one thing to complain to the Ma∣gistrate, another thing to appeal. What an appeal is.
• * 1.4

  Refuge to the Magi∣strate, is not an ap∣peal.
• * 1.5

  A twofold appeal.
• * 1.6

  De Lib. Eceles. c. 9. p. 134, 135. Iac. Trig. de civili & Ecclesiastic. potest. ••. 20. p. 420. 421.
• * 1.7

  Mr. Pryn his Truth Triumph∣ing sect. 2. and 3. p. 7, 8, &c.
• * 1.8

  16. Sect. 13▪ 14, 15, 16.
• * 1.9

  Prinne. Truth Triump. p. 31. The Magi∣strates pu∣nishing, or his interest of faith proveth him not be a judge in Synods.
• * 1.10

  Truth tri∣umphing, sect. 2. 31, 32.
• * 1.11

  Page 31.
• * 1.12

  Of Pauls appeal to Cesar, that it proveth not that in Ecclesiasti∣call contro∣versies we may appeal to Hea∣then or Christian Magistrates as to Iudges of matters Ecclesi∣astick, from the Church.
• * 1.13

  Paul appea∣led from an inferiour civill judge to a superi∣our civill and hea∣then judge, in a mat∣ter of his life, not in a matter of Religion.
• * 1.14

  What po∣wer a con∣querour hath to set up a religi∣on in a conquered nation.
• * 1.15

  Videlius de Episcopat. Constant. p. 77. Vtenbogard. p. 33.
• * 1.16

  Camero. prel••ct. in Mat. 16. v. 18. 19. Tu es p••trus. p. 17.
• * 1.17

  Due right of Presby∣teries. p. 435 436. 437 438. &c.
• * 1.18

  Camero, 16, 17. 18.
• * 1.19

  There were no appeals made to the godly Emperors of old. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.