A92138:1523
The divine right of church-government and excommunication
The divine right of church-government and excommunication: or a peaceable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justified, the six books of Tho: Erastus against excommunication are briefly examined; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.
London: printed by John Field for Christopher Meredith, 1646
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
4. Hence there is a wronging of the Church as the Church, and a civill wronging of the Magistrate as the Magistrate, or of the members of the Church as such, or of the members of the Common-wealth as such, the former and the latter both cannot belong to one judicature: No more then the failing of a Painter against the precepts of Art, because he hath drawn the colours, proportion, and the countenance beside the sampler, and the failing not against Art, but against the Laws of the King, in that he hath lavished out too much gold in the drawing of the image, doth belong to one judgement; for the Painter as a Painter, according to the Law of Art, must judge of the former, and the Magistrate as a Magistrate of the latter.
4. Hence there is a wronging of the Church as the Church, and a civill wronging of the Magistrate as the Magistrate, or of the members of the Church as such, or of the members of the Common-wealth as such, the former and the latter both cannot belong to one judicature: No more then the failing of a Painter against the precepts of Art, because he hath drawn the colours, proportion, and the countenance beside the samplar, and the failing not against Art, but against the Lawes of the King, in that he hath lavished out too much gold in the drawing of the image, doth belong to one judgement; for the Painter as a Painter, according to the Law of Art, must judge of the former, and the Magistrate as a Magistrate of the latter.
5. An appellation is one thing, and the complaint of an oppressed 1man is another thing; or a provocation to a competent judge is one thing, and the refugium, the refuge and fleeing of an oppressed man to a higher power, is another thing; if the Church err and fail against the Law of Christ in the matter, and decree, the man to be a heretic, who is none, and that to be heresy which is truth; the oppressed man in a constituted Church may have his refuge to the godly Magistrate and complain, but he cannot appeal, for an appellation is from an erring judge to an higher judge, in eadem s•rie, in the same nature and kind of judicatures, as from a civill Court to a higher civill Court, and from an Ecclesiastical Court to a higher; as suppose the Church of Antioch judge that the Gentiles must be circumcised, the godly there may appeal to the judgement of Apostles and Elders, in a Council convened from Antioch and Jerusalem both: and therefore because the Magistrate can no more judge what is heresy, what truth, as a Magistrate, then he can dispense Word and Sacraments; an appeal cannot be made to him, who is no more a judge, ex officio, nor he can dispense the Sacraments ex officio, but a complaint may be made to the Magistrate; if the Church fail in their judging, the Magistrate is to command the Church to judge it over again, but the Magistrate cannot judge it himself; as there is a complaint made to the Magistrate that the Pinter hath not drawn the image exactly, according to the sampler, the Magistrate judgeth not of the Art of the Painter, nor can the Magistrate as the Magistrate draw the image himself; But the Magistrate may judge of the Painters breach of promise, who did action