A Just Defense of Hearing the Sermons, Chapter 10 · Section 2
Sect. 2. The Scribes and Pharisees sate in Moses his chair as Teachers, not as Magistrates.
Many things are supposed by the Objecters, and taken for granted (and must be so by all that judge any weight to be in what is from this supposed command of Christ argued (which they will never be able to prove; and yet they are the very basis upon which the stress of the Objection lies. As 1. 'Tis supposed that the Scribes and Pharisees here spoken of, were in the Ministerial seat, Teachers and Expounders of the Law, which at first view seems to be a difficult task for any to demonstrate, That some of the Scribes and Pharisees (which were particular Sects among the Jews, as is known) were so, cannot be denied; that these here mentioned by our Saviour are such, is not so evident. They are expresly said to sit in Moses seat (not Aarons) who though he were of the Tribe of Levi, yet was not the Ministerial, but Magistratical seat committed to him. To the posterity of Aaron did the office of Priesthood appertain (as is known to all that have but in the least turned aside to consider of this affair) nor is it altogether frivolous, that is by some observed, that these Scribes and Pharisees are especially charged with the omission of judgement and mercy; things most nearly relating unto the Office of Magistracy, to whom it doth especially appertain to look thereunto. Nor will it in the least follow, that supposing Christ enjoyned his disciples to attend upon the Scribes and Phariseees, acting as Magistrates, and conform to what is justly and righteously prescribed by them as such: That therefore it is lawful to attend upon the present Ministers of England.
I reply, That it is indeed supposed, that the Scribes and Pharisees here spoken of, were in the seat of Moses, Teachers and Expounders of the Law: But not that they were Officers about the sacrifices and services belonging to the worship of God at the Templé, as were the Priests and Levites; nor need we so to suppose: It is sufficient for rhe Argument, That they took upon them the expounding of the Law, and to resolve consciences, what they were to do, they did as Casuists or Doctors of Divinity in Schools or Synagogues, or in the Temple: Which is proved from that which is said, That they did bind heavy burdens, and lay them on mens shoulders, v. 4. which was by their precepts, their affecting to be called of men, Rabbi, Rabbi, Masters, Fathers, foreign, Leaders, v. 8, 9, 10. foreign, Doctors, or Teachers, translated Master in Israel, John 3. but were foreign, Matth. 23.24. blind guides, Matth. 15.14. blind leaders of the blind. And that they were not Priests, appeared by their paying Tythes, Matth. 23 23. Luke 18.12. Nor were they ordinary Magistrates, except such as were in their Synedria; the Romans were then the ordinary Magistrates. Nor could they be said to sit in Moses chair, either as Magistrates having the same power he had, or as Law-givers. For the power and office of Moses, whether as Magistrate, Judge, or Prophet, was singular. He was a Prophet to whom there arose none like in Israel, Deut. 34.10. and he was a Judge or Prince under God supreme, who had jurisdiction and Empire supreme, in matters sacred and profane, although the function of doing holy rites was committed to Aaron and his sons, and the Levites, as is proved by Selden, l. 2. de Syned. Ebrae. c. 2. from Exod. 4.16. Deut. 33.5. the address to him in difficult causes his sentences, and other things acknowledged by Writers Jewish and Christian. It is not denied, that the Pharisees and Scribes were many of them Rulers of the Jews, as it is said of Nicodemus, John 3.1. and of the Priests and Levites John 1.19.24. But not as Scribes or Pharisees, who were, as such, onelyonly particular Sects among the Jews, as this Authour truly acknowledgeth: nor as sitting in Moses chair, which onelyonly noted their function of teaching and expounding of the Law, being bred up at the feet of Rabbins or Doctors of the Law, as St. Paul at the feet of Gamaliel, and after sitting in the School, or auditory of the Temple or Synagogues, where Moses of old time had in every City them that preached him, being read in the synagogues every sabbath-day, Acts 15.21. wherein the Scribes and Pharisees affected and obtained the chief seats, Matth. 23 6. and had much sway with the people, though they taught not with such authority as Christ did, Matth. 7.26. Mark 1.22. now wherein they taught according to Moses Law, or the truth, as about Elias coming Matth 17.10.11. they were to be heard in other things, as in their own traditions, and the commandments of men their doctrine was to be rejected, Matth. 15.9. It is frivolous which is observed, That because judgement and mercy, the omission of which is charged on the Scribes and Pharisees, Matth. 23.23. and those nearly relate to the office of Magistracy, to whom it doth especially appertain to look thereunto: that therefore the Scribes and Pharisees, v. 2, 3. are considered as Magistrates. For, as is in the Assembly Annotations on the place, the judgement, mercy, and faith, are just dealing with all men, mercy in relieving the poor, and faithfulness in covenants, promises and contracts, judgement being there taken for right ordering the conversation towards God and men, as Matth. 12.18. which is manifest, in that it is joyned with mercy and faith, or as it is Luke 11.4. The love of God opposed to ravening, extortion, intemperance or excess, Matth. 23.25. rapine and wickedness Luke 11.39. such as was when they devoured widows bouses, making long prayers for a pretence, Matth. 23.14. compassing sea and land to make one proselyte, and when he was made, making him twofold more the child of hell then themselves, v. 15. No such argument therefore is or needs be made, as this Authour frames as made by his opponent, That supposing Christ to injoyn his disciples to attend upon the Scribes and Pharisees acting as Magistrates; therefore it is lawful to attend upon the present Ministers of England: For neither do we say that Christ injoyned attendance on them, nor that they acted as Magistrates; but our supposition is, That they acted as Teachers, and his disciples were permitted to hear them, though liable to greater and more exceptions then the present Ministers. It is added,