this of Saint Paul, 1 Cor. 6. is a Rule for them to walk by, as to going to Law.
But if the Romans had not Conquer'd and given Laws to the Jews (as they did in our Saviour's time) and also if Christians do not live under a Heathen-Government, then Matt. 18.17. and 1 Cor. 6. has no place, nor is there any occa∣sion for those Rules, but they are Rules only in such cases; nor is it heard of in an Age (I know it, that have liv'd amongst the Jews) that the Jews go to Law one with another before the Christians, or put them into a Court-Christi∣an, or Court-Mahometan.
But in a Kingdom or Country where the chief Magistrates are Christians or Jews, there is no place nor occasion for this Rule; namely, Let him be unto thee as an Heathen-man or a Publican: And therefore this Text is nothing to prove, or colour Excommunication at this day, nor ever was in our Saviour's time; 'tis nothing to the purpose, but a foolish Popish groundless Comment.
But as this Comment arose from Popish Politicks and Prelatical Usurpation, so it was grounded, and is yet countenanced, by and from a vulgar error;
Namely, That the Synagogue or Sanhedrim amongst the Jews, was only a Spiritual-Court, or Kirk-Administration; and that all the weapons they had, was putting out of the Synagogue, or debarring and excluding from the Sacraments, Ordinances, Divine-Service, and all Spiritual and Ecclesiastical-Communion: And not one of a thousand at this day but so accept it.
Whereas in truth, the Sanhedrim, Kirk, or Synagogue, was no more a Spiri∣tual Ecclesiastical Court, than those amongst us in Westminster-Hall, or at the Assizes: For the Sanhedrim or Synagogue acted by a standing Commission of Oyer and Terminer; there was not amongst the Jews (especially in our Savi∣ours time, when he spoke those words, Matt. 18.17.) two distinct Jurisdictions, Ecclesiastical and Temporal, one for the Soul, another for the Body: (for such differen Courts are apt to clash, and keep a quarrelling, or ado, with Prohibitions, Consultations, and I know not what.)
But the Lord-Chief-Justice was also High-Priest and Chief Magistrate: and all the Inferiour Courts had Jurisdiction over all Persons, and in all Causes Ec∣clesiastical and Temporal, called the Sanhedrim, (the great, the less) and some∣times, and usually, the Synagogue.
Which Synagogue, I say, was carried on by Commission of Oyer and Termi∣ner, and never Excommunicated any man; that is, never debarr'd any man Synagogue, Church and never shut any man out of the Church or Temple if he was a Jew, though never so prophane.
But the Kirk or Synagoghe, Church or Judges, or Justices of Peace, Magistrates (call them what you will, for they) were one and the same men, as they are at this day in Turk•…•…, Persia, and the greatest part of the well-govern'd World, as well as in the Theocratye of the Jews, the Government of Gods own making.
Moses was Lord-Chief-Justice and Priest too, and Consecrated and Ordain'd Aaron and his Son; Moses Promulgated Canons and Constitutions (not only temporal, but) Ecclesiastical.
Joshua (nor Eleazar) was commanded by God to look to and take care that the Israelites should be Circumcised the second time; neither was he to except any amongst them, or debar them from the Ordinance, although the most wick∣ed and debaucht; (except haply they were Circumcised before upon another score, then indeed I do not know how they should be Circumcised again.)
And God commanded Joshua (not Eleazar) to Celebrate the Sacrament or Passeover, as soon as they had got over Jordan; nor from that Sacrament was the most vitious debarr'd, that ever we read of: the greatest Sinner sure had most need of it, for the whole have no need of Physick, but them that are sick. Ely was Lord-Chief-Justice and Chief-Priest too, and so was Samuel.
King David also was the Prophet David;
and King Solomon the Wise, was Ecclesiastes or the Preacher, and both of them order'd the House of God, and how matters should be carried on there; and plac'd and displac'd the Priests, and set them their Lessons, and told them their business and their errand: and