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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 3

CAP. III. Of the power of the Magiſtrate in matters Eccleſiaſticall.

QUEST. 1.

That Chriſt hath a ſpirituall Kingdom, not only in the power of preaching the word, but alſo in the power of the keys by diſcipline.

COncerning the Chriſtian Magiſtrate we are to conſider twoThat Chriſt hath a ſpirituall kingdom, not only in the power of preaching the word, but alſo in the power of the keys, by diſcipline. heads, the one negative, what he cannot do in the matters of Chriſts Kingdom: 2. Poſitive, What he ought to do, for the opening of the former: We are to cleare whether or no all externall ſcandalls Eccleſiaſticall, as well as civill, are to be puniſhed by the Civill Magiſtrate; and that as in Civill ſcandals, that diſturbeth the peace of the Common-wealth, the Magiſtrate hath a twofold power, one to command what is good and juſt, another to reward and puniſh; ſo the Lord Jeſus in his Kingdom, hath not onelyonly a directive power to teach and forbid, but alſo a power, by way of Diſcipline, upon the external man eccleſiaſtically to reward and puniſh, to binde and looſe, in an externall Court on earth. It is granted by the Adverſaries, that Chriſt as King hath a power of binding and looſing, but meerly internall, purely ſpirituall, in regard of the Conſcience, by the Preaching of the Word; but for any externall power to take in and caſt out of the Viſible Kingdom of Ieſus Chriſt his Viſible Church, This they deny, and ſo refuſe all externall Eccleſiaſticall cenſures of receiving into the boſome of the Church, and caſting out by rebukes, or Excommunication; and therefore that there is no externall Court in the Church to puniſh Eccleſiaſticall ſcandals, all ſcandals and externall offences of the Church, are to be puniſhed by the Chriſtian Magiſtrate onelyonly: In oppoſition to which error, I ſay,

1. Concluſion. There is not only a rebuking of an offender in the Church, by private admonition, as between Brother and Brother, common to all Chriſtians, Col. 3. 16. Levit. 19. 17. And of the Paſtor only, he applying the Word by way of Preaching to ſuch and ſuch offenders, and cloſing the Gates of the Kingdom of Heaven upon impenitent ſinners, which is acknowledged by the Adverſaries: But there is alſo a Church-rebuking by way of cenſure, which muſt preſuppoſe an Eccleſiaſticall Court, and a rebuking of a Publique ſin, put forth by many; whereas one only, not a Church or multitude may Preach the Word, and ſo rebuke by way of Preaching, which I make out from the Word of God, 2 Cor. 2. 6. Sufficient to ſuch a man is this puniſhment which was inflicted of many: The word foreign, a rebuke or puniſhment, in the old Tranſlation, it is Objurgatio, in the Newer, Increpatio; Piſcator Muleta, is a chaſtiſement, whether this puniſhment was actuall excommunication, as many Learned Interpreters do not improbably gather out of the Text; or if it was a Rebuke of the Church in order thereunto: Certain it included, a rebuking not of one man, but a Church-rebuking inflicted by many, 2 Cor. 2. 6. And by the Repreſentative Church of Corinth, gathered together with Pauls ſpirit and the power of the the Lord Jeſus, 1 Cor. 5. 4, 5. And ſo preſuppoſeth a Court or Convention of many inflicting this puniſhment. 2. The Adverſaries who deny that there is ſuch a thing as Excommunication, ſay it was onelyonly a rebuke; but if it was Excommunication, it muſt include a rebuke coming from the many who do excommunicate. 3. It is ſuch a rebuke as muſt be taken off and pardoned by many, as ver. 7. So that contrariwiſe, ye ought rather to forgive him, and comfort him, ver. 10. To whom ye forgive any thing, I alſo forgive. So here is a rebuking put upon an offender by many convened in a Court, who did rebuke by way of judiciall Authority, and the power of the Lord Ieſus; Ergo, it was ſome higher cenſure which was inflicted by many, and taken off by many; then that which was inflicted by one by way of Preaching, where there is no neceſſity that many either rebuke, or comfort the rebuked: for one Paſtor is to give out the ſentence of Death or Life, rebuking and comforting, toward any one offender, or a perſon Repenting, whether many be convened to conſent and joyn or not. Yea, I may, being a Paſtor of Ieſus Chriſt, diſpenſe rebukes and comforts by way of Preaching, againſt the will and minde of the whole flock: But a rebuke, and a forgiving by many, cannot be diſpenſed, except theſe many convene together in the Name of the Lord Ieſus in a Church way and conſent. 2. If the convened Church muſt be heard and obeyed when ſhe rebuketh a Brother, for a fault done between Brother and Brother, and that upon the Teſtimony of two or three witneſſes, then is the Church a Court that is to rebuke an offender, and ſo to convene him before her: and that is ſome other cenſure then by way of Preaching; but the former is true, Matth. 18. 16, 17. 3. If the Churches of Ieruſalem and Antioch, convened in a Synod, do give forth an Eccleſiaſticall rebuke on falſe Teachers, as thoſe that troubled the Churches, and perverted their Souls with falſe Doctrine; then is there rebuking of offenders by a Church or Churches, beſide a Paſtorall rebuking by one ſingle Brother or Paſtor: But the former is true, Act. 15. ver. 24, 25. The Propoſition is clear, in that a ſelect company of Apoſtles, Elders and Brethren, doth not only Doctrinally conclude againſt their errour who did hold the neceſſity of Circumciſion, but alſo againſt the Perſons, and their Schiſmaticall way, of troubling the Church by a foreign in making a ſide and Faction in the Church, ver. 2. 24. And this not any one ſingle man could do in an ordinary way, except we ſay that it was an idle and unneceſſary remedy which the Apoſtles uſed to quench the ſire, as if any one man might have done all this, or as if they had rebuked theſe men publikely, not having heard and convinced them by the Word of God; or as if an offence touching converſation and againſt the ſecond Table, had riſen betweene Church and Church, no leſſe then in the preſent caſe of an offence in matter of doctrine, that the Apoſtles would not have taken the ſame courſe, all which are not to be imagined. And in very deed this was not a point of meer doctrine, but alſo of peace and charity, violated by a Faction, ver. 2. And a ſcandall in eating things ſtrangled, was raiſed in the Churches, Acts 15. 24. 1 Cor. 10. 28, 29. Rom. 14. 14, 15, 16, 17. 4. If Timothy be to rebuke publikely, thoſe that ſin publikely, and that judicially upon the Teſtimony of Witneſſes. Then is there a publike Church-rebuking by way of cenſure, beſide the paſtorall rebuking. But the former is expreſly ſaid, 1 Tim. 5. 19, 20. This muſt be a rebuking in a Church-court, except we ſay Timothy his alone was the Church, and a Monarch of the Church, who hath power to lead witneſſes againſt Elders.

2. Concluſion. There is ſuch a cenſure as excommunication inThat there is ſuch a divine ordinance as Excommunication. the hands of the Church, by which ſcandalous offendors are to be debarred from the ſociety of the Church, and other holy Ordinances, that they do not prophane them, which is proved from Mat. 18. 15, 16, 17, 18. Thus, he who is to be of a brother eſteemed as no brother, but as a Heathen and a Publican, and whoſe offence is bound in Heaven, as the Church bindeth on Earth, and that upon the teſtimony of Witneſſes, he incurreth ſome other cenſure of reall ejection out of the ſociety of brethren in a Church State, then Paſtorall rebuking. But he who treſpaſſeth againſt his brother, and will neither be gained by private admonition, nor by the Church rebuking him, is in ſuch a caſe; Ergo, ſuch a one is to be excommunicated, and ſo Chriſt muſt have inſtituted ſuch a cenſure.

Divers reaſons are alledged againſt this ſenſe, as not favouring excommunication.

Object. 1. If thy brother treſpaſſe againſt thee, is, if thy brotherObjections againſt excommunication removed. treſpaſſe againſt God, thou knowing him to be guilty, art to deal with him, and to bring his fault to publike hearing that he may be puniſhed.

Anſw. 1. The ſame phraſe in the ſame doctrine of ſcandals is, Luke 17. 3. Take heed to your ſelves, foreign: If thy brother treſpaſſe againſt thee, rebuke him, and if he repent forgive him. But it cannot be ſaid that if our brother tranſgreſs againſt God, we knowing of that, we are not to forgive him a ſin committed againſt God, though he ſhould come to us, and ſay that he repenteth, for then might any private brother pardon murthers and ſorceries, and if this private brother were a Magiſtrate, by this he is to forgive bloods, and not uſe the ſword againſt the evill doer, and is to diſpence with it ſeventy ſeven times, if the offender ſay, he repenteth. 2. The text ſaith expreſly, If thy brother treſpaſſe foreign againſt thee, not foreign againſt God. It is true, ſinnes againſt a brother, are ſins againſt God, but it is evident from the text, that Chriſt ſpeakes of ſuch ſinnes in a ſpeciall manner, committed againſt me, or a particular brother, which are within the verge of my power or his to pardon, as no… being yet publikely ſcandalous. 3. Camero ſaith, to ſinne againſt any here, is not to ſinne againſtPraelee. in Math. 18. ver. 15. page 144. God with the knowledge of a brother, but it is to ſinne in private againſt a brother, ſo as the offended brother is in meeknes to labour to gaine him, and not bring his fault to publike, if he can be cured in private, and therefore with much lenity we are to proceed, whereas before Chriſt had exhorted not to contemne our brother, here he teacheth with what loving patience and longanimity we are to labour to gaine him when he is fallen, elſe Chriſt ſhould ſay but the ſame thing over againe, that he ſaid once.

Object. 2. But by this place of Scripture, I ſhould rebuke any brother whom I know to ſinne againſt God, to the end I may gaine him to repentance, and that before two witneſſes? Now this is abſurd: my Father, my King and Prince before two Witneſſes; And therfore by the Church is meant a number of private Chriſtians before whom I am to convince my brother, and that I am not to rebuke any offender whatſoever, is cleare in that Solomon ſaith, it is a mans glory to paſſe by an offence, and we are not to over-heare our ſervant curſing us, Ergo, We are not to rebuke every one, nor to bring them before any Church Court.

Anſw. 1. This argument is againſt Chriſt, as well as againſt us, for it tendeth to conclude that it is not univerſally true, that I am to rebuke every offending brother, which I will grant in ſome ſenſe. For 1. If the fault be ſmall, and poſſibly a matter of goods, with which I may diſpence, without leſſe hurt to my brothers ſoule, then the evill of ſcandall may be, if I complaine to either the Church or Magiſtrate, I am rather to ſuffer wrong, 1 Cor.We mayrebuke our brother in a prudent way. 6. 7. But becauſe I am not to rebuke my brother imprudently, may I not conclude from Chriſts words, I may rebuke him? Or becauſe a meane perſon may not rebuke a Ruler, or a Prince, or King? Will it follow that a Nathan may not rebuke King David, and becauſe Ionathan may not rebuke King Saul his Father, ſhall it follow that no other may rebuke King Saul? Or becauſe I may not rebuke a ſcorner, though a profeſſing brother, or becauſe I may not rebuke my brother before two or three witneſſes, who to my knowledge bear the offender ill will, and ſo I ſee my rebuking ſhall be ſo far from gaining him to repentance, that it ſhall provoke him to a greater offence, ſhall it therfore follow I am to ſuffer ſin in my brother and not to rebuke him at all, which the Spirit of God calleth a hating of my brother in my heart, Lev. 19. v. 18. This argument concludeth not that I may not rebuke my brother, but onelyonly that I may not rebuke my brother imprudently, or that any brother may not rebuke any brother, whoever he be, King or Ruler, Negatis modi non negat rem ipſam, ſo we are to paſſe by offences and to be willing to forgive them. Ergo, we are not to rebuke an offending brother, it doth not follow, I muſt be willing to forgive all, friend, or enemy, Ergo, by this reaſon I am not to rebuke any at all, and Solomon willeth us onelyonly not to be ſwift, too glad and willing, or too quicke and ſharpe eared to heare every ill word, Eccleſ. 7. 21. Alſo Heb. Give not thy heart to all words foreignthat are ſpoken, leaſt thou hear thy ſervant curſe thee. So is the ſame phraſe, Eccleſ. 1. 13. Prov. 23. 26. Eccleſ. 1. 17. Not unlike this is the phraſe Dan. 6. 14. The King ſet his heart to deliver Daniel, But this will not prove we are not to rebuke an offending brother. 2. That by the Church here, is meant a number of private Chriſtians, is againſt the Text, for then three witneſſes ſhould be a Church, being three private Chriſtians, but ſure it is Chriſt aſcendeth in his ſpeech to an higher degree, to the Church who is to heare the Witneſſes, the Plaintiffe and the Offender, who hath power to binde, and looſe, which is nothing but a Church-court. 2. Thou haſt gained thy brother, muſt be a ſpirituall gaining of him to repentance, as 1 Pet. 3. 1. That they may be gained by the converſation of the wives, 1 Cor. 9, 20. foreign That I may gain thoſe that are under the Law. Ver. 21. That I may gain thoſe that are without Law. ver. 19. That I might gaine the more. Ver. 20. foreign That I might gain the Iewes, ſo is the Word uſed for ſpirituall gaining, Mat. 2. 17, 20, 22. and Chriſt in his Sermons never ſpeaketh of civill gaining of brethren: And 2. Becauſe he ſpeaketh of the brother, as he is a member of a ſociety, where there be three or more brethren, and a Church of brethren whoſe helpe he may ſeeke to gaine a brother; it is cleare he muſt ſpeake of a Church-gaining, or of a gaining in order to a Church, and not with reference to any civill Sanedrim or Court of Magiſtrates.

Object. 3.The place (ſaith Eraſtus) is to be underſtood of lighterEraſtus. faults, for which one brother may pardon another, and which a private brother hath power to conceale, it cannot therefore in good ſenſe be extended to weighty ſcandals that are to be puniſhed with Excommunication.

Anſ. 1. A fault may be light and ſmall in its riſe, ſo long as it is private, which deſerveth not excommunication, but if contumacie ſhall come to the fault, as it is here in its growth and tendencie to ſcandalize many, it is not ſmall. 2. A private fault is not hence concluded to be ſmall; becauſe a brother may pardon it, and conconceale it. For Chriſt ſaith to ſcandalize on of the leaſt of theſe that beleeveth in him, is ſo great an offence, that it were good for the man ſo offending, to be caſt in the Sea, having a milſtone hanged Mat. 18.about his necke, ver. 6. And yet a brother is to forgive ſuch an offence, Luke 17. 2, 3, 4. 3. In that a brother is obliged to gaine his brother, from this fault, it is cleare; it is not ſo ſmall a fault, and 2. Becauſe it is a fault to be brought to the Church; and 3. If the Offender remaine obſtinate, he is therefore to be eſteemed as an Heathen and a Publican, or as no brother, nor any member of the Church; and 4. This ſinne is bound in earth and heaven. 5. The text will not bear that all weigh y faults, ſuch as Mu… ther, that defileth the Land, or ſolicitation to follow ſtrange Gods may be tranſacted betweene brother and brother and concealed. Deut. 13. 8. Though Ioſeph be in this called a juſt man, (as Beza obſerveth) in that he would not make Mary his wife a publike example, nor reveale her Adultery, which was by the Law to be puniſhed by death, for ſo Ioſeph conceived of her.

Tell the Church, that is, (ſaith Eraſtus) tell the civill SynedryObject. 4. of the Iewes, and therefore this place is nothing for excommunication, or any Spirituall Church Diſcipline, and if the Offendor refuſe to heare the Orthodoxe Magistrate, then may the offended brother plead his right before the Heathen Magiſtrate, and deale with the Offendor, as with a Heathen, and a Publican.

Anſw. In the Word of God, the word Eccleſia, Church, applyed to matters of Religion, (as it is evidently here, where it isThe church Mat. 18. is not the Civill Sanedrim. ſaid that the offended brother, is to labour to gaine the ſoule of his offending brother) doth never ſignifie a civill judicature and therefore the expoſition is inſolent, and the words foreign or foreign or foreign or foreign can never beare ſuch a ſenſe, we deſire one paralell place in the old or new Teſtament for it.

2. The ſcope of the place is the removall of ſcandals in Chriſts meek, brotherly and Chriſtian way, ver. 6. foreign &c. Who ever ſhall ſcandalize, &c. and ver. 7. Wo to the world becauſe of offences—ver. 8. Wherefore if thy hand or foot foreign, cauſe thee to offend, cut them off, ver. 10. Take heed that ye deſpiſe not one of theſe little ones, &c. And then he cometh from active ſcandals, whereby we offend others, and the way of removall of them, to paſſive ſcandals, whereby others offendeth us, and the way of removall of them, ver. 15. Moreover if thy brother ſhall treſpaſſe againſt thee, go tell him the fault betvveen thee and him. Now theſe ſins that are to be puniſhed by the ſword of the Civill Magiſtrate, or not ſuch ſins as may be tranſacted between brother and brother, for homicide, blaſphemy, ſorcery, extortion are to be taken away by the publick ſword, and this muſt have place, Thou ſhalt not conceal it, thy eye ſhall not ſpare him, and the Magiſtrate is the miniſter of God, a revenger, to execute wrath on him that doth evil, Rom. 13. 4.

3. Chriſt hinteth not, in any ſort, at any word of blood, wrath, vengeance, the ſword, evil doing, fear and terrour for the ſword, ſuch as are foreign, as the office of the civil magiſtrate is holden forth to us in other places, as Rom. 13. 1 Pet. 2. No man, except he intended violence to the text, can dream of ſuch a latent, forrain and co-acted ſenſe in the words, and if ſuch a ſenſe had been intended by our Saviour, he behoved in this place to erect a throne from a divine inſtitution, for the Magiſtrate, which no impartiall interpreter, can with any half ſide of a ſhadow perceive in the words.

4. The end of this proceſſe is ſpirituall: If he hear thee, thou haſt gained thy brother to repentance, as is confirmed already from Scripture. But whether the offender be gained to repentance or not, the Magiſtrate is to uſe the ſword, that others may fear; as a Magiſtrate, he is to regard the peace of the Common-wealth, not the ſalvation of the offender directly.

5. Chriſts way of proceeding to take away ſcandals between brother and brother, is ſpirituall, Tell him, admoniſh the offender, tell the Church, that they may rebuke and admoniſh, and this is a Morall way all along: But the Magiſtrates proceeding is not Morall, by requeſts, orations, admonitions, but by the reall uſe of the ſword to compell: for he beareth not the ſword in vain, Rom. 13. 4.

6. The proceeding here is with much lenity, patience, and long ſuffering to gain an offender, but having recourſe to the Magiſtrate to uſe his club and ſword, is rather a way of irritation, to make the gap the wider, and therefore Paul, 1 Cor. 6. condemnes this as repugnant to love, that they ſhould go to law one with another, before the heathen Magiſtrate.

7. Such an expreſſion as this, (Let him to thee as an heathen man and a Publican) is never taken for the civill complaining of him before an Heathen judge, nor doth it expreſſe the uſe of the ſword by the Magiſtrate; its ſo inſolent a phraſe, that all the Greek Authors that ever wrote, cannot parallel it; for this is a Spirituall and Morall reproach put on the offender, the Magiſtrates way is a reall inflicting of puniſhment.

8. This remedy is contrary to Pauls, 1 Cor. 6. For there the offended brother, though the offending party be never ſo contumacious, hath not this remedy of Chriſts to implead his brother before an heathen Magiſtrate, that the Apoſtle taketh for a ſinfull ſcandall, and ſin cannot be Chriſts remedy: Pauls remedy is, Suffer rather wrong and defraudation; Paul by this interpretation ſhould have commanded them the contrary.

9. Where is ever the ſupreame Magiſtrate (who cannot be excluded, if this expoſition ſtand) called by the name of the Church.

10. How incongruous is it, that Chriſt ſhould direct the Jews, who were to be diſperſed through all the earth; to go up to Jeruſalem for judgement, ſeeing Ieruſalem was to be laid equall with the ground; and the Iews, their ſtate, Church▪ policy, and the Scepter now removed from Iudah, let wiſe men judge.

11. The complaining to an Heathen Magiſtrate, or the puniſhing of an offender by the ſword, by no Scripture, is ſuch a binding on earth, by the power of the keys of the Kingdom of Heaven, as this is expounded, Matth. 16. 19. And ſuch a binding as is ratified in Heaven, and that by the joynt Prayers of two or three on earth, as is here ſpoken, ver. 18, 19, 20. A Heathen Magiſtrates Sentence, though never ſo juſt, ſhould not be valued, except it were confirmed by the Prayers of the Church, as the Sentence of Excommunication muſt be.

12. The Iewiſh Saenedrim was now to take an end, and expire with all the Iewiſh policy; it is not to be imagined that Ieſus Chriſt would appoint a periſhing remedy for a per…etuall and ever-enduring diſeaſe; now offences and ſcandals between brother and brother were to be in the world to the end, ver. 15. If thy brother offend, &c. And Chriſt ſaith, Offences muſt be, and the remedy here is morall and perpetuall: as 1. That Chriſt ſhall have a Church viſible on earth, againſt which the gates of Hell ſhall not prevail: 2. That we firſt deal to gain our brother in private, ere to his greater ſhame, he be brought in publick, before the Church. 3. The Lords ratifying in Heaven, what his ſervants ſhall binde and looſe on earth. 4. The agreeing of two to pray together, the conv…ening of two or three in the name of Chriſt, with a promiſe of the preſence of Chriſt, all theſe are Morall and perpetuall: The Lord never did the like of this, before or after.

13. In all the New-Teſtament we do not read, that Chriſt, who was the end of the Law, and the body now come in the fleſh to aboliſh all Ceremonials and temporary Laws of the Iewiſh Church and policy, as Iewiſh, did inſtitute any old-Teſtament Law, ſuch as the Sanedrim was for offending brethren: if it be ſaid that this was but the right expounding of an old divine Law, now almoſt buried through the corruption of men; then muſt Eraſtus ſhew that this was an old Law of divine inſtitution▪ that the Iews were to keep this threefold order in gaining an offending brother, and that this is now aboliſhed, and that the power of the Magiſtrate in Church-buſineſſe, by this place is not eſtabliſhed to the end of the world; both which are contrary to the Principles of Eraſtus, not to ſay that there is not in this whole Chapter, or Luk. 17. where the ſame purpoſe is handled, any ſhadow of reaſon to aſſert that Chriſt is reſtoring any Ceremoniall or Iudiciall Law to its genuine and ſound meaning and ſenſe, but by the contrary Chriſt ſpeaketh of the Morall and perpetuall Doctrine of ſcandall, and how we are to deal with an offending brother to gain him to repentance, either by our ſelves or the Church, and to forgive private injuries, even to ſeventy ſeven times: Laſtly, ſince Publicans and Romans converted to the Chriſtian ſaith from Paganiſme, even at this time were Brethren, who might both give and take ſcandals, it ſhall follow that Chriſt commandeth Gentiles to ſubmit to the Jewiſh Magiſtrates, this was againſt Chriſtian liberty, and to take from Ceſar thoſe things that are Ceſars, which is unjuſt.

But, ſaith Eraſtus, Publicans were not in Iuda excluded from ſacrifices, Lu…. 18. A Phariſee and a Publican went up to the Temple toHow Publicans were excluded from the Temple. pray, Chriſt himſelf did eat with Publicans and ſinners: therefore this phraſe (Let him be unto thee as an Heathen and a Publican) cannot expreſſe this (Let him be excommunicated) except you ſay, that all heathen and Publicans were ſo ſerved by Chriſt, and the Iews, as if they had been excommunicated.

Anſ. 1. Publicans, that were by Nation Heathens, were excluded from ſacrifices and the Temple, jure, by aD…u…. 23. 1, 2, 3, 4, 5. I'ſa. 79. 1. Lam. 1. 10.Gods Law; but not de facto, becauſe the Iews being under bondage to the Romane Emperour, and ſpoiled of their Liberties and Laws, might not put their Laws in execution againſt Heathen and Publicans; it is ſufficient to us, ſaith Beza, that Publicans were execrable and hatefull to the Iews, and (ſay I) that Heathen and Publicans remaining ſuch, are without the Church, bLev. 25 44. Lev. 26. 45 2 Kin. 16. 3. 2 Kin. 17. 8. 11. … Chro. 16. 35. 2 Chro. 33. 2, 9. Neh. 5. 8, 9 Pſa. 9. 19. Pſal. 10. 16. Pſal. 33. 10. Pſal. 44. 2. Pſa. 80. 9. Ier. 10. 2. Ezech. 23. 30. Eze. 25. 7. Ioel 2. 7. Obad. v. 15 Mi…. 5. 15. Hag. 2. 22. Zach. 1. 15.and not to be reputed as brethren, but enemies to the true Church of God, and this is that which to us is Excommunication.

I do not doubt but Publicans went to the Temple to pray, but that is but to Argue, A facto ad jus, not the right way, A jure ad factum: Publicans ought not to have done ſo. 2. Chriſt the Supream Lawgiver, who is above the Law, did often diſpenſe with ſacrifice and poſitive Laws, for a work of mercy, and if he touched the dead, and touched the skin of the Leaper, and ſuffered his diſciples to pluck the ears of Corne on the Sabbath day, what marvell then he did eat with Publicans and ſinners, contrary to the Letter of a poſitive Law, Knowing his own, whom the Father had given to him from eternity were to be brought in to himſelf, by his familiar converſing with them; why ſhould not the Phyſitian converſe with the ſick; the ſhepheard with the loſt ſheep; the Redeemer with his ranſomed ones? But this is no warrant, that therefore the cleanſed Leaper ſhould not ſhevv himſelf to the Prieſt, or that an obſtinate offender ſhould not be reputed as a Heathen, and not admitted into the Sanctuary. 3. That ſimple Publicans, or Heathen remaining ſuch, ſhould ſacrifice. I never read, ſacrifices were offered for Iobs friends, who were not within the viſible Church: But 1. by Gods own ſpeciall and immediate command: as we read, Iob 42. 7, 8. A poſitive Law for it (which yet was requiſite for ordinary worſhip of that kinde) we read not. 2. I think Iobs friends cannot in knowledge, Religion, Profeſſion, be eſteemed meer Heathens, and therefore as God tied not himſelf to a poſitive and ſtanding Law here, ſo neither was Chriſt, being the ſame God equall with the Father, ſo reſtrained from not familiar converſing with Heathen, and Publicans, but he might leap over a Ceremony to ſave a loſt ſoul.

Object. 6. But (the adverſaries ſay) Chriſt here uſeth words proper to the Iewiſh Synedry and the Old-Teſtament, as witneſſes, Eccleſia, or congregation, Heathen, Publican, and theſe are not New Teſtament words, nor was there ſuch a thing as a New Teſtament Church on earth at this time, and Chriſt having not yet aſcended to Heaven, nor ſent down the holy spirit, cannot be thought to hold forth the power and juriſdiction of a thing yet deſtitute of all being, ſuch as was the Chriſtian Church, nor can he here ſpeak of Chriſts spirituall Kingdom.

Anſ. 1. Chriſt did well to uſe theſe words, Witneſſes, Church, Congregation, Heathen, Publican, as well known to his hearers, and theſe ſame words in uſe amongſt the Iews are uſed in the New Teſtament, as 1 Cor. 16. 22. 1 Tim. 5. 19. Act. 15. 7, 17. Revel. 11. 2, 8. 1 Pet. 4. 3. 2 Pet. 1 19. 20, 21. Anathema Maeranatha, Witneſſes, Gentiles, ſinners of the Gentiles, impoſition of hands, &c. Indeed in ordinary, the Paſtor under the New Teſtament is not called Prieſt, nor high Prieſt, nor the Communion Table an Altar: But the words here uſed are obvious and very ſignificant; and the word foreign or Church is a moſt obvious word in both the Old and New Teſtament, and doth ſignifie any Aſſembly, Religious, civill or prophane, according as the nature, perſon and uſe or end of the meeting or Aſſembly was Religious and Prophane, as is evident by many places of the Old and New Teſtament; where the ſeventy Interpreters uſe the word for a Church-Aſſembly; for which ſee the due right of Presbyters, page 349, 350. and page 473, 474. And ſince the word Church here is cleerely, a company convened to gaine an offending brothers ſoule, by rebukes and cenſures, and which hath power to binde and looſe on earth, ſo as their fact is ratified in heaven, it cannot be any other, then a New Teſtament Church-meeting, ſeeing we find the Church of Corinth commanded to conveene and exerciſe ſuch a power, 1 Cor. 5. 1, 2, 3, 4. And therfore it cannot be expounded of the …ivill judge; not to adde, that Eraſtus, who objecteth this, ſaith the Syn…dre had both civill and ſpirituall or Eccl…ſiaſticall power, and therefore he hath no ground to expound the place of the Civill Magiſtrate. 2. Becauſe he was not yet aſcended to heaven, and had not ſent downe the Holy Spirit, it is no conſequence to ſay he ſpeaketh nothing of the Chriſtian Church of the Nevv Teſtament, for before his Aſcenſion he appointed the Miniſtery, the Sacraments, the power of Cenſures, and the keyes given to the Church of the New Teſtament, Math. 28. 19, 20. Joh. 20. v. 2…, 22. Math. 26. 20, 21, 22, 23, &c. Now it is as inconvenient, that precepts, ſuch as (Do this in remembrance of me,) (take yee, eate yee,) and (he that heareth you, heareth me,) ſhould be given to the chriſtian Church, which yet had no being, as for Chriſt to hold forth the power of juriſdiction of a Chriſtian church deſtitute of all being. Yea, this recurreth upon Eraſtus, who will have Chriſt here to hold forth the power of the Chriſtian Magiſtrate, as yet remoter from being, all Magiſtrates being profeſſed Enemies to Ieſus Chriſt, whereas there was at this time a ſeed, a bottome of a chriſtian viſible Church: There being eleven Apoſtles, ſeventy Diſciples, and many others who profeſſed faith in Chriſt already come. Yea though there be no formed inſtituted viſible Church of the New Teſtament, yet it became our great Prophet, who taught that Goſpell, yea, all that he heard of the Father, Ioh. 15. 15. to his Diſciples, which was to be a rule of the Faith of the Chriſtian viſible Church not yet inſtituted, and who erected a Miniſtery to teach them before his aſcenſion, alſo to furniſh that Miniſtery with the powerof the keyes & cenſures, as he expreſly doth before his death, Mat. 16. 17, 18, 19. Not to adde what Camero ſaith, that he ſpake theſe words when he was now to offer himſelfe on the Croſſe, and Math. 2. 16. He mentioneth the edifying of the Church of the New Teſtament, and the Diſciples aske vvho is to be greateſt in the Kingdome of God, ver. 1.

Object. 7. Let him be unto thee as an Heathen and Publican, can not meane as much as, Let him bee excommunicated, but onelyonly, let him plead vvith his obſtinate brother vvho contemneth the Chriſtian Magiſtrate, before the heathen Magiſtrate, and in preſerving the offendor, vvho is novv obſtinate, let him deale vvith him as with a Heathen and a Publican, onelyonly in this matter of purſuit, but otherwiſe the Publican was not excommunicate. 1. Becauſe the Publicans place and office was good and lawfull and from God, then to repute him as a Publican is not to repute him as a prophane man. 2. When Iohn Baptiſt is demanded by the Publicans what they ſhall doe, he doth not bid them lay downe the office of a Publican, but onelyonly not abuſe it to rapine and extortion, nor is Zacheus compelled by Chriſt to lay downe his office, but onelyonly to make reſtitution.

Anſw. 1. There is no neceſſity to condemne the office of the Publican, or the birth and condition of the Heathen as unlawfull. But a Publican went for a prophane man, and for a man who is a ſtranger to the true church of God, as Mat. 5. 46. If you love them that love you, what reward have you? Doe not even the Publicans the ſame? Ergo, It is Chriſts mind to exclude the Publicans from any ſpirituall or eternall reward, promiſed to theſe within the viſible Church; and when Chriſt was ſlandered by the Jewes, becauſe he went in to be a Gueſt with a Publican, Luke 19. 7. And becauſe hee did eate vvith Publicans, Mat. 9. 12, 13. Christ taketh it as granted that Publicans were prophane men and ſinners. But he ſaith they were ſicke ſinners and loſt, that is, ſuch as were ſenſible of their by-paſt prophanity, and deſired the Phyſitian Chriſt to cure them; and Gentiles or Heathen is taken for theſe who are without the Church, and are void of Religion, 1 Cor. 5. 1. Such fornication as is not ſo much as named amongſt the Gentiles, 1 Pet. 4. 3. Let it ſuffice you, that ye have vvrought the vvill of the Gentiles, Eph. 2. 11. Ye vvere in times paſt Gentiles, what is that, but Ver. 2. Ye vvalked according to the courſe of the World; according to the Prince of the povver of the aire? So a Samaritan, is taken for one that hath a Devill, yet to be a Samaritan Theophylact in Math. 18 foreign.by birth and nation is not unlawfull, it is then a diſtinctive terme ſpoken foreign to be an Heathen, or counted an Heathen and a Publican, that is, counted a prophane wicked perſon, not a brother, not a member of the church. Theophylact expoundeth this with us, If he heare not the Church, let him be an out-caſt, leaſt he rub any of his vvickednes upon others vvithin the Church.

And theſe words Let him be to thee, is a word of command, as Mat. 5. 37. foreign Let your ſpeech be yea, yea, Mat. 20. he that vvould be greateſt, let him be your ſervant; and, let him be to thee, is not to exclude the Church, but it is ſet downe in a Law-manner in the ſecond perſon, for farre more muſt the obſtinate offender be as an Heathen and a Publican to the Church.

Ver. 18. Verily I ſay unto you, What yee bind on earth, ſhall be bound in heaven, and what yee looſe on earth, ſhall be looſed in heaven. Theſe words contain a reaſon why he who contemneth the Church, is to be holden as a Heathen and a Publican. Why? is it ſuch an offence before God to deſpiſe the church? Yea, ſaith our Saviour, with a grave aſſeveration, Verily I ſay unto you, they that deſpiſe the ſentence of you the Miniſters of the Goſpel, being according to truth given out, they and their ſinnes ſhall be bound in Heaven.

Erastus ſaith, he is ſaid to bind, who doth retaine the ſinne, whenObject. 8. he maketh the obſtinate brother unexcuſable; and he looſeth, who remitteth or pardoneth the injury, and gaineth to repentance his brother by a brotherly admonition, for except he ſpeake of a brotherly compoſing of private injuries, to what end ſhould Chriſt ſubjoyne foreign Again I ſay to you if two agree, &c.

Anſw. 1. Chriſt doth argue from the leſſe to the more, he proveth what the Church bindeth on earth, ſhall be bound in Heaven, becauſe if the prayers of two or three gathered together in the name of God, and agreeing together on earth, are not rejected in Heaven, farre more ſhall that be ratified in heaven, which the whole church of Chriſt decreeth on earth in the name of the head of the Church, Ieſus Chriſt. 2. When in the chapter going before, Chriſt had aſcribed to the Apoſtles and Paſtors, which are the eyes of the Church, a power of the keyes, and here he aſcribeth to them the power of binding and looſing, there was no cauſe to dreame that he ſpeaketh here of a private forgiving of private finnes betweene Brother and brother, for then he might have ſaid at the firſt ſtep, Thou haſt gained thy brother, that gaining or convincing of thy brother ſhall be bound or looſed in heaven, no leſſe then the Churches judiciall binding and looſing in heaven, which yet is ſet downe as an higher degree of power. But I may here ſay with Beza in the whole Scripture, the word of binding and Beza de de Presbyterio & excom. p. 60.looſing is never ſpoken of any other but of theſe who are in publike places, and by a borrowed ſpeech, here it is ſpoken in regard of Spirituall power. To bind and to looſe, is by a judiciall power in ſubordination to Chriſt the King, to remit and retaine ſinnes. SoJoſeph de bello Iudai… l. 1. c. 4. Phariſaei omnia pro arbitrio adminiſtrabant, foreign Lucian. dialo. 1. foreign. Ioſephus ſaith, the Phariſees ruled all, ſo that they would baniſh or recall from baniſhment, looſe and binde whom they pleaſed, and upon the Authority according to the which Chriſt ſent his Diſciples as the Father ſent him, ſo he inſtructed his Miniſters with power to remit and retaine ſinnes, Ioh. 20. 23. and Mat. 16. 19. What thou bindeſt foreign, on earth, ſhall be bound in heaven, what thou looſeſt on earth, ſhall be looſed in heaven, foreign. So doth Lucian bring in that priſoner ſpeaking to Iupiter, Looſe me, O Iupiter, for I have ſuffered grievous things, Mat. 22. 13. Then the King ſaid to his ſervants, take him, foreign, binde him hand and foot; binding here (you ſee) is done by the command of the great King, Acts 21. 11. So ſhall the Iewes foreign binde Paul, they bound Paul with Law and authority, ſuch as it was, Iohn 18. 12. The Captaine and Officers tooke Ieſus, foreign and bound him, they bound him not by private authority, Mat. 27. 2. and Act. 24. 27. Felix left Paul foreign bound; if Lictors binde any Malefactors, they doe it by authoritie and Law. So do the Hebrews ſpeake, Pſal. 105. 20. The Ruler of the people looſed So doth the word foreign Num. 11. 28. ſignifie.him, Pſal. 102. 20. The Lord looketh downe from heaven, foreign to open or looſe the children of death. Pſal, 146. 7. The Lord looſeth the Priſoners, Iob 12. 18.

3. It cannot be denyed, but when one private brother pardons another repenting Brother, God ratifieth that in heaven. But it is cleare the pardon here holden forth by our Saviour, is ſuch a looſing, as hath witneſſes going before. 2. Such an one as cometh higher to the knowledge of the Chuuch. Nor doth the particleBinding and looſing acts judiciall. foreign again, ſignifie any thing but pretereà, moreover.

4. And who can ſay that binding and looſing here, is ſome other thing then binding and looſing in the Chap. 16. ver. 9. Where the ſame very phraſe in the Greeke is one and the ſame, except that the Lord ſpeaketh, Mat. 16. 19. in the ſingular number to Peter, as repreſenting the teachers and Governours of the Church, and here Mat. 18. He ſpeaketh in the Plurall number, relating to the Church. Now Mat. i6. i8, 19. binding on earth, and looſing, which is ratified in heaven, is evidently the exerciſe of the power of the keyes of the Kingdome of Heaven, I will give to thee the keyes of the Kingdom of Heaven. What be theſe keyes, he expoundeth in the ſame very verſe, and whatſoever thou ſhalt binde on earth, ſhall be bound in heaven, whatſoever thou ſhalt looſe on earth, ſhall be looſed in heaven; then binding and looſing on earth, muſt be in theſe to whom Chriſt hath committed the power of the keyes: but 1. Chriſt hath not committed the keyes to all, but to Church-rulers, that are the Stewards of the Houſe, and the diſpenſers of heavenly Myſteries. Hence the keyes in Scripture ſignifie authority and officiall dignity that is in Rulers, not in private men, as Eſa. 22. 22. And the key of the houſe of David will I lay upon his ſhoulder. So Chriſt is ſaid to have the key of David, to open and no man ſhutteth, to ſhut and no man openeth. By which out of doubt (ſaith aCamero prelect. in Mat. 16.Camero,) is pointed forth the kingly authority and power of Christ, ſo ſaith bVatablus on Eſay 22.Vatablus. And our owne cCalvin prelect. in Eſay 22,Calvin, dMuſcu. com, ibid,Muſculus, eGualther Homil. in loc.Gualther, fPiſcator ſhol. in Eſa.Piſcator, gBeza on Mat. 16.Beza, hPareus comment. in Mat. 16.Pareus agree, that the keyes are inſigne poteſtatis, an Enſigne of power given to the Steward or Maſter of a Noblemans houſe, who is a perſon in office; The giving of the keyes (ſai…h worthy Mr. Cotton,) is a giving power for the preaching of the word, the adminiſtring of the ſeales and cenſures, by which theſe inveſted with power doe open and ſhut the gates. Now we deſire any Word of God, by which it can be made good, that the keyes and power to binde and looſe is given to all that are in the houſe, even private Chriſtians. But we can ſhew the Keyes, and binding and looſing, and opening and ſhutting to be given to the Officers and Rulers of the houſe. Hence I argue that interpretation that confoundeth the key-bearers, and the Children, with the Servants of the Houſe; and the Governours that are over the people in the Lord, with the governed, and putteth the Characters proper to the Officers and Stewards, con…uſedly(i) Cotton Keyes of the Kingdome p. 2. upon all that are in the houſe, is not to be holden; but this interpretation is ſuch; Ergo, &c. alſo to binde and to looſe is expounded by Chriſt, Ioh. 20. 21. to be a power to retain and remit ſins on earth, which are accordingly retained and remitted in Heaven, and that by vertue of a calling, and Miniſteriall miſſion, according to which the Father ſent Christ Jeſus; and Ieſus Chriſt ſendeth his Apoſtles and Paſtors to the end of the world, as is clear, if we compare Matth. 18. 18. and Matth. 16. 19. with Ioh. 20. 20, 21, 22. 23. Mar. 16. ver. 15, 20. Matth. 28. 18, 19, 20. Luk. 24. 45, 46, 47, 48.

5. It is againſt the courſe of the Text, that we ſhould reſtrain this to private pardoning of light injuries between brother and brother: 1. Becaſe Chriſt labours to decline this, that one ſhall be both his brothers judge to put him in the condition of an Heathen and Publican, and binde his brothers ſins in Heaven and Earth, and alſo, that he ſhould be his party and accuſer: Now Chriſt will have the private brother do no more perſonally, but admoniſh his brother and gain him. 2. If that prevail not, then he is to admoniſh him before two or three witneſſes: See here, the brother is not both party and judge; but witneſſes have place. 3. If that prevail not, the buſineſſe is to aſcend higher, even to the Church, which undoubtedly is an Organicall body, 1 Cor. 12. 28. Rom. 8. 6, 7, &c. Act. 20. 28, 29, 30. Whereas two or three private Chriſtians are not a Church, but an homogeneal body: Now who would believe that Chriſt is to bring down the buſineſſe which is ſo high, as before the Church, to the loweſt ſtep again, to a private binding and looſing to one brother, who both as judge and party judgeth his brother; yea, and may do this, though there were no Chu…ch on earth? What power hath the Church above the offended brother, or the offender, if the one may binde the other under guiltineſſe in earth and heaven? 2. Eraſtus will have light and private offences only ſpoken of here: Now Chriſt ſpeaketh of offences that God taketh notice of in Heaven and earth. 3. Chriſts way is a wiſe and meek way, that that which one cannot do, and the offence that two, three, four cannot remove, the Church ſhall remove, but Eraſtus maketh one private man to remove it, and to Excommunicate andBeza de Pres byter, pag. 63, 64. binde in heaven and earth. I might cite, Tertullian, Cyprian, Auguſtine, Chryſoſtom, The ophylact, Hyeronimus, and all modern interpreters both Popiſh and Orthodox for this interpretation, not any of them dreaming of the inſolent opinion of Erastus, who miſapplieth Auguſtine and Theophylact for his own way, as Beza cleareth.