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The Divine Right of Church Government and Excommunication · Samuel Rutherford

The Divine Right of Church Government and Excommunication, Religious polemic · Chapter 25

CHAP. XXV.

Queſt. 21.

Objections touching the ſubordinations of Magiſtrate and Church removed.

THere is nothing more hated by the Adverſaries then the pretended emulation of thoſe two ſuperlatives and higheſt powers: Some Object, 1. Are not all powers on earth ſubject to the Magiſtrate? Miniſters of the Goſpel not excepted; doth not the Magiſtrate 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 boſome 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 ſubject 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. Magiſtrates 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; without the Church, God intendeth nothing, either in the intention of the worker or the work; but the externall peace of humane ſociety: Then, I grant the Magiſtrate is at the firſt without any previous 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 preſumed, 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 horrible ſcandals, and ſuch as are capitall, in the intention of Gods diſpenſation, 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, conviction; 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 coactive way by the ſword, the genuine fruit whereof is not repentance 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 conſtitute Church, the Magiſtrate is not to proceed with the ſword againſt 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 laboured 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 antecedent: But, 2. If the Church be remiſſe, this is a defect▪ and ſomewhat 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 ſubjection 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 antecedent cognizance, and by a way of Eccleſiaſticall cenſuring; we acknowledge a ſubordination of the Churches ſentence to the Magiſtrate, in regard of the Magiſtrates externall care to puniſh iniquity 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 Ordinance of God, and cannot be judged; nor are Miniſters, nor Painters 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 ſubject to Ceſar; as Miniſters they are the ſervants of Chriſt, & not ſubjects. Ob. As Miniſters they are either Magiſtrates or ſubjects; but Miniſters 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 Chriſtian 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 beThe Miniſters as Miniſters neither Magiſtrates nor ſubjects. The Magiſtrate as ſuch neither manageth his office under Chriſt as mediator, nor under Satan, but under God as creator. 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 bodily puniſhment to be inflicted by the Magiſtrate; But this is properly to be a ſubject of the Magiſtrate, to be lyable to the civill cognizance, 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 concerneth 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 eſſentially 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 ſervant 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 Magiſtrate as a Magiſtrate, not under the accidents of Chriſtian, or heatheniſh; there was no reaſon he ſhould apply his Argument to the Parliament, except to make us odious, as if we did not as much honour or pray for the Parliament and King, as himſelfe: But it concludeth equally againſt all Magiſtrates, and let him ſee it in a heathen Magiſtrate as a Magiſtrate: for a heathen Magiſtrate as a Magiſtrate, 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 Devil, is blaſphemous, for ſo Magiſtracy and the office ſhould be intrinſecally 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 either 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 huſband, Father, Maſter, Muſitian, Painter, under theſe reduplications and it ſhall make the relation of Husband Deviliſh, or this propoſition, (a Husband, a Father as a Father, and a Husband, manage their office, under, and for Chriſt the mediator, or under, or for the Devil) 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 Apoſtle for Chriſt, or againſt Chriſt; Paul as an Apoſtle is either under Chriſt the mediator, and his ſupream and immediate vicegerent, 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 Devil, 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 mediator, 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 adminiſtration; 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 reduplication: 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 Magiſtrate.

Anſ. Non concluditur negatum, We deny not but the Magiſtrate may judge and put to ſhame offenders, but it is civill ſhame, by which the Magiſtrate judgeth any offender to be an evill Citizen 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, whether 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 ſpeaketh 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 civill 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 hereſie; 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 puniſhment to gain the ſoul. Obj. But there is no other judging or puniſhing 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 Magiſtrate 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 limitation in ſo farre as it agreeth with the Word, not abſolutely obliging, not Papal, qua or becauſe commanded, or becauſe determined 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 independent under God, as the magiſtrate hath, and what more can they have except the Crowne and Scepter? is not this an emulous and odious equality, beſide a collaterality? hence they cry the liberty, the liberty 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 denieth 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 another. And there is a proper right and liberty, and power immediately 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 Servant to the Maſter, nor the Souldier to the Commander. God immediately made thoſe powers, and God in the Law of nature hath given a power to the Father over the ſonne, without the Magiſtrate; 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 between the Magiſtrate and Paſtors is no more in point of government, then in point of preaching, exhorting, rebuking even of Kings and all that are in Authority; now we have both demonſtrated 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 emulation 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 converted 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 Magiſtrate, 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 appearing 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 preaching 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,A Prince as a gifted Chriſtian may preach and ſpread the Goſpell to a land where the Goſpell hath not bin heard before, but not as a Magiſtrate. but he cannot doe this as a Magiſtrate, yea, Moſes did never prophecy 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 diſpence 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 civill power, and due to him as a Magiſtrate, but a higheſt Church power, to diſpenſe Word and Sacraments agreeth to no Magiſtrate 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 hisItà videlius Ep. Conſt. queſt. 11. authority from the word of another, and ſo it is but imperium alienum, 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 power 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 obey 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 Magiſtrates are ſo to obey Paſtors in the Lord, and Paſtors are ſo ſupreame 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 Authority.

Obj. But the obedience of the Magiſtrate to the Paſtors, is not abſolute, 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 obedience to Kings, to Parents, to Maſters, for we obey them onelyonly conditionally in the Lord, as they warrant their Commandement from the Word. Yet Vedelius will not ſay, it is unproper ſubjection 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 refute me. It is enough Miniſters of the Goſpell diſcharge an Ambaſſage in the roome and place of God, 2 Cor. 5. 20. God commandeth 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 bookeVtenbogard cont. Pontific. 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. 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 ſpeciallThe King and the Prieſt kept the book of the Law, but in a farre different way. 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 partiall 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 puniſhing 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 every 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 onelyonly the Kings ſervants immediately ſubordinate to the King, and mediately onelyonly 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 foreign ſhall ſerve thee, this is no dominion. 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 externall coactive care by way of dominion to procure the removall 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 ſubordinate to the Prince, but as Subjects of the common wealth, becauſe 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 defection 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 judgeBloody Tenent, Cap. 82. page 119. 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 timeC. 65. …a. 123. the delinquent at the Barre, and the judge upon the Bench: for the Church muſt judge when the magiſtrate offends; and yet the magiſtrate 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. ſoC. 85. pa. 124. the Church calleth one of her members to office, and ordaineth him an officer: The Magiſtrate oppoſeth him as an unworthy officer, and according 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 ordinances, he cutteth off with the ſword, ſuch prophaners of ordinances.

Anſ. All this is but wind, deviſed againſt the Magiſtrates puniſhingThe Paſtors and the Iudges do reciprocally judge and cenſure one another. of Idolaters, and I ſhew the ſame followeth upon the Magiſtrates, 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 Orphane: 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 prophane 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 conſcience 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 Magiſtrate 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 perſecution 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 another; 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 Papiſts, 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 conſcience: Now though the Author in his Bench with his penne condemneth 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 contradictions 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 prophecying 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 promote 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 hurtfull 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 together; 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 condemned, 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 Miniſter 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 neceſſary in Miniſters of Goſpel and Magiſtrates: But ſuch a diſtance betweene them, as between Eaſt and Weſt, we ſee not. The Author ſhould have ſhewne it to us by his owne grounds: The Church may excommunicate a Magiſtrate as a perſecutor, who cutteth off Idolaters for their conſcience; yet the godly Magiſtrate may judge and puniſh them with the ſword, for abuſing the ordinance of Excommunication, ſo as to excommunicate the godly Magiſtrate, 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 civilly by the Magiſtrates: The Author draweth his inſtance to the actuall judging of the ſame thing contradictory wayes; for example, 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 Eccleſiaſticall 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 EccleſiaſticallyGod hath not given a power to the magiſtrate and Church and to judge contrary wayes, juſtly and unjuſtly in one and the ſame cauſe. 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 ſanction 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 poteſtas.

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 ſpirituall judgement of theſe, nor hath he any ſpirituall power for theſeBloody Te. c. 84. p. …22. 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 contrary to the Laws of the Common-wealth made concerning Religion, and in order to the civill praiſe and reward of ſtipends, wages, 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 Common-wealth: But the ſame power of the Magiſtrate is formally, eſſentially in it ſelfe, civill, and of this world.