A92138:1613
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.
Answ. 1. All this argument is builded on a great mistake, and a1 consequence never proved, except by this one word of the Author. (Therefore say I) and it is this: The Magistrate hath no civill power over the soul, therefore (say I) he hath no power in soul matters, and cannot judge and punish in spiritual causes. Sir, this is a non sequitur, The learned Divine Rivetus saith well, The Magistrates power in spiritual things to judge and punish, is formaliter, and in it self and intrinsically civill, but objective in regard of the object and extrinsically, it is spiritual. 1. I ask when the Author and his take a professor into Church-communion, they judge whether he be just, merciful, and peaceable, when they excommunicate any member, for murder, for unjustice in taking away the goods of his brother? whether the Church doth judge and punish in the causes of justice, mercy and peace, which properly belongeth to the civill Magistrate, not to the Church properly; but only ratione scandali as they are offensive in the Church of God: I ask (I say) if the Churches power in judging and punishing be civill, or spiritual; not civill, for this Author will say, that the Church hath no power over the lives and goods of men, those belong to the Magistrate, and to his civill power: Yet he cannot deny, but the Churches power in judging and punishing here, is formally spiritual, and objectively and unproperly civill; so say I the Magistrate's power in spiritual causes, is formally civill and objectively only spiritual, ⟨p. 623⟩and he neither hath, nor needeth any spiritual power formally to attain his temporal end, nor needeth the Church any power formally civill to attain her spiritual end: The reason is, because powers have their specification and nature from their formal object, not from the material; because the Magistrate punisheth heresies and false Doctrine as they disturb the Peace of the civill State; therefore his power is civill, and because the Church censureth unjustice, incest, 1 Cor. 5, 1, 2. and sins against the second Table, because they are scandalous in the Church, and maketh the name of God to be ill spoken of, though materially those sins be punishable by the Magistrate, yet is the Churches power spiritual, because it judgeth those as scandalous and offensive to God;