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James Durham 1622 - 1658
[Job 31: 26; idolatry].
" Vs. 26. // / have looked to the Sun, or moon, when they shined, and my heart hath been secretly enticed or my mouth hath kissed my hand. He gives two reasons why he would riot do this.
[1] Because it is a heinous sin; for as little as folks think of false worship or idolatry; yea, an iniquity to be punished by the judge. Job was not of their religion that plead for toleration. He knew that God's law gave warrant to them then (and it gives also warrant to us now) to punish idolaters, and the judge ought to do it."
James Durham, Lectures on Job. Edt. by C. Coldwell. (Dallas, Texas; Naphtali Press,1995) p.170. Note that Durham declares the death penalty decreed by Deut.22:22 to be a moral law. 90 ibid., p. 172
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Thomas Cartwright 1535-1603
[Judicial Law and equity;].
" And, as for the judicial law, forasmuch as there are some of them made in regard of the region where they were given, and of the people to whom they were given, the prince and the magistrate, keeping the substance and equity of them ( as it were the marrow), may change the circumstance of them, as the times and places and manners of the people shall require. But to say that any magistrate can save the life of blasphemers contemptuous and stubborn idolaters, murderers, adulterers, incestuous persons, and such like, which God by his judicial law hath commanded to be put to death, I do utterly deny, and am ready to prove, if that pertained to this question ".
"SecondReply" 1575 cited in Worksof John Whitgift,1.270. ParkerSoc. 1851
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William Perkins: A Commentarie upon the Epistle to the Galatians. Lon.1617 [ Pilgrim Press, 1989] pp. 202-204.
Example 3. Hee that blasphemeth the name of God, shall bee put to death, Leuv.24.16. Understand this law of manifest and notorious blasphemies, that pearce through God, as the words import: and then it is a maine fence to the third commaundement. For Gods name may in no wise be abused, and troad under foot: and therefore blasphemers pearcing God, are to be cut off. This is the very law of nature, as appeares by Nabuchadnezzar , who gave in commandement to his people, that whosoever blasphemed the name of the true God should be put to death, Dan.3.29. Here note, that manifest and convicted Atheists, if they bee put to death, have but their deserts.
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John Cotton (December 4, 1585 "“ December 23, 1652)
Excerpt from a Copy of a Letter from Mr. Cotton to Lord Say and Seal in the year 1636
I am very apt to believe, what Mr. Perkins hath, in one of his prefatory pages to his golden chain, that the word, and scriptures of God do contain a short upoluposis, or platform, not only of theology, but also of other sacred sciences, (as he calleth them) attendants, and handmaids thereunto, which he maketh ethics, economics, politics, church-government, prophecy, academy. It is very suitable to God´s all-sufficient wisdom, and to the fullness and perfection of Holy Scriptures, not only to prescribe perfect rules for the right ordering of a private man´s soul to everlasting blessedness with Himself, but also for the right ordering of a man´s family, yea, of the commonwealth too, so far as both of them are subordinate to spiritual ends, and yet avoid both the churches usurpation upon civil jurisdictions, in ordine ad spiritualia, and the commonwealths invasion upon ecclesiastical administrations, in ordine to civil peace, and conformity to the civil state. God´s institutions (such as the government of church and commonwealth be) may be close and compact, and co-ordinate one to another, and yet not be confounded. God hath so framed the state of church government and ordinances, that they may be compatible to any common-wealth, though never so much disordered in his frame. But yet when a commonwealth hath liberty to mold his own frame I conceive the scripture hath given full direction for the right ordering of the same, and that, in such sort as may best maintain the euexia of the church. Mr. Hooker doth often quote a saying out of Mr. Cartwright (though I have not read it in him) that no man fashioneth his house to his hangings, but his hangings to his house. It is better that the commonwealth be fashioned to the setting forth of God´s house, which is his church: than to accommodate the church frame to the civil state. Democracy, I do not conceive that ever God did ordain as a fit government either for church or commonwealth. If the people be governors, who shall be governed? As for monarchy, and aristocracy, they are both of them clearly approved, and directed in scripture, yet so as referreth the sovereignty to himself, and setteth up Theocracy in both, as the best form of government in the commonwealth, as well in the church.
Cotton, John cited in Puritan Political Ideas 1558-1794 ed. By Edmund Morgan, 1965, p.170-171
Abstract of the Laws of New England
CHAPTER VII.
Of Crimes. And first, of such as deserve capital punishment, or cutting off from a man's people, whether by death or banishment.
1. FIRST, blasphemy, which is a cursing of God by atheism, or the like, to be punished with death.
2. Idolatry to be punished with death.
3. Witchcraft, which is fellowship by covenant with a familiar spirit, to be punished with death.
4. Consulters with witches not to be tolerated, but either to be cut off by death or banishment.
5. Heresy, which is the maintenance of some wicked errors, overthrowing the foundation of the christian religion; which obstinacy, if it be joined with endeavour to seduce others thereunto, to be punished with death; because such an heretick, no less than an idolater, seeketh to thrust the souls of men from the Lord their God.
6. To worship God in a molten or graven image, to be punished with death.
7. Such members of the church, as do wilfully reject to walk, after due admonition and conviction, in the churches' establishment, and their christian admonition and censures, shall be cut off by banishment.
8. Whosoever shall revile the religion and worship of God, and the government of the church, as it is now established, to be cut off by banishment. Cor. 5:5.
11. Profaning of the Lord's day, in a careless and scornful neglect or contempt thereof, to be punished with death.
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James Fergusson 1621-1667
[The magistrate's right to punish idolatry etc.].
" The main question then is, concerning State Toleration. Concerning which some do affirm, That whatever the Church may do in inflicting Church censures on Heriticks, Maintainers of Heterodox Opinions: Yet, Say they, no civil Punishment, such as Death, Imprisonment, Mulcts, or fines, should be inflicted on any Error or Blashemy whatsoever; providing the Maintainers of them carry themselves peaceably, do not trouble the State, or do evil against the Commonwealth in civil Things: We again on the contrary do hold, that it is the duty of the Civil Magistrate to suppress Error, Heresies, and every sin against the First Table, as well as it is his Duty to suppress Adultery, Fornication, Sedition, and other sins against the Second Table: And that he is not only bound to suppress Errors and Blashemies, that are contrary to fundamental Truths, or the Light of Nature; but all Error contrary to other points of Truth."
81 James Fergusson, A Brief Refutation Of The Errors Of Toleration, Erastianism, Independancy And Separatbn. 1692. pp. 51-52. These sermons were originally preached in 1652 but published posthumously by his son.
The magistrate's power to punish blasphemy and heresy].
" If it was the approven practice of Kings and Magistrates under the Old Testament to suppress Error, Heresie, and Blasphemy, then Magistrates under the New Testament are bound to do the like."
ibid., pg. 54. Later [pp.61-62], Fergusson says That whatever was commanded to be done by Magistrates under the Old Testament as a part of their duty, this Magistrates under the New Testament are obliged to as a part of their duty also, ."he cites Exod.22.20; Lev.24.15,16;Deut.13.1
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David Dickson 1583-1663
[Chapter 20; Of Christian Liberty, Quest. IV; Magistrate to punish by the law].
"Do not lastly the Lutherans, Anabaptists, Arminians, Quakers, and all sort of Hereticks, and Sectaries err, who maintain, ( under the pretext of Christian Liberty) that the Civil Magistrate, is not obliged in duty, to punish any man with the sword, for errors in doctrine, but that they ought to be tolerated, and suffered, providing such persons as own them, do not trouble, or molest the Common-wealth? Yes: By what reasons are they confuted? ... The Lutherans, Anabaptists, Arminians, and other sectaries are confuted? (1) Because, it is evident, from many examples of Godly Magistrats, who did extirpat Idolatry, and inflict punishment upon Idolaters, as did Jacob the Patriarch, ... Of Asa, who decreed that whosoever would not seek the Lord God of Israel (according to the law of God; Deut. 13.9.) should be put to death, whether small or great, whether man, or woman; 2 Chron.15.13....(4) It is evident from the office of the Magistrat, who is the Minister of God against them, that do evil, and beareth not the sword in vain: Rom. 13.3,4. (5) Because, it is expressly commanded in Scripture, that punishment be inflicted upon Idolaters, even by the nearest relations. If then, the Father may kill the Son, may kill the Daughter, the Husband the Wife of his bosom: and if one brother may stone another brother with stones, that he die, for being Idolaters; much more may the Civil Magistrat do this; Deut.13.6 to the 13 verse;
Deut.17.2 to the 7 verse; Lev.24.16 (8) Because, Ezra did esteem it, a great favour and blessing of God, conferred upon the Church; for which he thanked God, that had inclined the heart of Artaxerxes, to publish a Decree, for the punishment of those, that did not observe the Law, whether it be, (saith the Text) unto death, or to banishment, or to confiscation of goods, or to imprisonment; Chap.7.23,25,28 ".
David Dickson, Truth's Victory Over Error. Edin. 1684. pp. 157-162
[WCF. chapter. 23; Of the Civil Magistrate Quest.1. Magistrate; Power of sword].
" CHAP. XXIII. Of the Civil Magistrate. Question 1. Hath God armed the Civil Magistrat, with the power of the Sword, for the defence, and encouragement of them that are good, and for the punishment of evil doers? Yes. Rom.13.1,2,3,4. I Peter 2.13.14. Well then, do not the Socinians err, who maintain, that it is not the duty of the Civil Magistrate, to punish the guilty with death? Yes. By what reasons are they confuted? (1) Because, GOD hath expressly commanded, that transgressing Idolaters be put to death; Deut.17.7. Deut. 19.21. (2) Because, it appertains to the office, and duty of the Magistrate, to punish the guilty with death; Rom. 13A I Peter 2.14. (3) Because, the capital punishment of evil doers makes others stand in awe, and fear to offend; Deut. 13.11 Deut. 19.20:..."
ibid., p. 206. Dickson further cited Exod. 21.12. The use of Case law confirms that by "evildoers" in Romans 13, is meant transgressors of the Law of God.
[WCF. chpt. 23 Quest. II. Civil magistrate; punishment of blasphemies, etc.]
" Quest.II. Is it the duty of the Civil Magistrate, to take order, that all Blaspemies, and Heresies be suppressed, all the ordinances of God duely settled, administered, and observed; all abuses in worship, and discipline reformed, all Idolaters, Gainsayers, and other obstinate dissenters, be obliged and forced to quite their tenets and opinions, and conform themselves to the true worship , and service of
God, according to his law? Yes (5) Because, whosoever blasphemed the name of the Lord, was surely put to death; lev.24.16....(6) Because, the supream magistrate is Custos utriusque Tabulae, a keeper of both tables of the law of God. as well the first Table, which relates to Religion, and our duty to God; as of the second which relates to righteousness, and our duty to our neighbour. If then, he may punish evil doers, who offend against the second Table, and force and compel them to obedience, by the sword of justice, which God hath put into his hand, much more may he punish Idolaters, and Blashemers, who offend against the first Table, and force and compell them to obedience:..."
ibid., pp. 210-211. Dickson uses an afortiori argument (from the lesser to the greater), which depends on a belief in the right of the magistrate to punish 2nd. table crimes. Thus the Christian may be a Civil magistrate.. " (3) Because, the Magistrate exercises, and executes Gods judgements; Deut.1.17."p.212
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Samuel Rutherford ** 1600 - 1661
[Magistrate's to punish idolatry, as keeper of two tables of the law].
"And this is the cause (I conceive) why great Divines have said the object of the Magistrates power as a Magistrate is the externall man, and earthly things, because he doth not in such a spirituall way of working, take care of the two Tables of the Law, as the Pastor doth; and yet the spirituall good and edification of the Church in the right preaching of the Word, Sacraments, and pure discipline is his end. It is true, whether the blashemer professe repentance, or not, the Magistrate is to punish, yea and to take his life, if he in seducing of many, have prevailed, but yet his end is edification, even in taking away the life; for he is to put away evill, that all Israel may feare, and doe so no more; but this edification is procured by the sword, and by a coactive power, and so the Church power and the kingly power differ in their formall objects, and their formall ends."
Samuel Rutherford, The Due Right of Presbyteries or, A Peacable Plea, etc. Lon 1644. p. 398
[Deut. 17; Magistrate's to read the law].
" It is true as King hee is oblieged to read continually in the booke of the Law of God, Deut. 17. and to know what is truth, what heresie, in so farre as hee commandeth that Pastors preach sound doctrine, and that as a Judge hee is to punish heresie."
ibid., p. 429
[Punishment requires witnesses for all Old Testament crimes which are perpetual as to equity].
" It is clear the question must be thus stated, for all the lawes of the old Testament (which we hold in their Morall equitie to be perpetuall) that are touching blasphemies, heresies, solicitation to worship false Gods and the breach of which the Godly Magistrate was to punish, command or forbid onely such things as may be proved by two or three witnesses, and which husband and wife are not to conceal, and from which all Israel must abstain for fear of the like punishment. Deut. 13.8,9,10,11; Deut. 17.5,6; Levit.20.1,2,3,4,5. But opinions in the minde, acts of the understanding, can never be proved by witnesses and such as neither Magistrates nor Church can censure."
Samuel Rutherford, A Free Disputation Against Pretended Liberty ofConscience etc... (Lon-1649). p. 47
[Seducers to idolatry to be punished now as then].
" For neither under Moses more then now, could the sword convert men to the true Religion, yet bodily death was to be inflicted on the seducer, then, as now. Deut.13.11."
ibid., p. 55.
[Duty of the Magistrate from Deut.13 & Rom.13 perpetual].
"... the intrinsecall worke and end of the Magistrate is to avenge evill doing, and so to remove the fierce anger of the Lord from a land, that the people may feare and not do any such wickednesse, as is cleare, Deut.13:10,11. Exod.32:29,30. Deut. 19:20. Rom. 13:3,4,5. 1 Pet.2:14. Now the false Prophet is such as brings on all these evills, and therefore if Magistrates stand under the new Testament, and if there be such a sin now as thrusting away people from the Lord who hath, in Christ, delivered us from a greater bondage then that of Aegypt, this must be a perpetuall Law."
ibid., pp. 186-187
[Lev.24:10-14 a perpetual law against blasphemy].
" Levit.24:10,11,12,13,14. which is,ver.15,16. Whosoever curseth his God shall beare his sin, 16. And whosoever blasphemeth the name of the Lord hee shall surely be put to death; and all the congregation shall certainly stone him, as well the stranger as hee that is borne in the land, when hee blasphemeth the name of the Lord shall be put to death: there be two things here for me that proveth this was no judiciall temporary law binding Israel onely. 1. His God, Holdeth forth, that nature abhorreth, and the sum of the first command written in the heart is, hee that curseth his maker whom he is to blesse, love, and serve with all his heart, should dye. 2. This law obliegeth the stranger, and any heathen to be put to death, if hee should blaspheme God, saith it is the law of nature, and obliegeth us under the New Testament as being the highest sin that nature crieth shame, and woe upon;"
ibid., p. 183
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George Gillespie** 1613-1648
[ The Judicial law; its continuing authority].
" 1. Though we have clear and full scriptures in the New Testament of the abolishing the ceremonial law, yet we no where read in all the New Testament of the abolishing of the judicial law, so far as it did concern the punishing of sins against the moral law, of which heresy and seducing of souls is one, and a great one. Once God did reveal his will for punishing those sins by such and such punishments. He who will hold that the Christian Magistrate is not bound to inflict such punishments for such sins, is bound to prove that those former laws of God are abolished, and show some Scripture for it."
George Gillespie, Wholesome Severity Reconciled with Christian Liberty, Lon. 1645 (reprinted in;Naphtali Press, Anthology of Presbyterian & Reformed Literature, Volume 4. Dallas Texas, 1991)
pp.183
[Capital punishment by magistrates].
" It is but a poor argument whereby Bishop Bilson, Of the Government of the Church, chap.4, would prove the cutting off not to be meant of excommunication, because it is applied even to capital offences, such as the law elsewhere appointeth men to be put to death for, as if it were any absurdity to say, that one and the same offence is to be punished sub formalitate scandali with excommunication, and sub formalitate criminis with capital punishment; and who knoweth not that a capital crime is a cause of excommunication, which is also sometimes the sole punishment, the magistrate neglecting his duty. If a known blashemer or incestuous person be not cut off by the magistrate, as he ought by the Law of God, shall he therefore not be cut off by excommunication. If he had proved that all the causes of cutting off in the law were capital crimes, he had said much; but that will never be proved."
Aaron 's Rod Blossoming; p. 30
[ The Magistrates duty to enforce punishments against law].
" 2. I heartily yield that a lawful magistrate, whether Christian or heathen, ought to be a keeper or guardian of both tables; and, as God's vicegerent, hath authority to punish heinous sins against either table, by civil or corporal punishments, which proves nothing against a distinct church government for keeping pure the ordinances of Christ."
ibid., p. 67
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Philip Nye ** 1596-1672
[Distinction between civil and ecclesiastical sanctions].
" Blasphemy may be punished with two punishments, if a sin may be punished with two punishments; as for example, theft: if a man were a church member he might be excommunicated first, and hanged afterwards. That was not a fallacy.
There were two places that Mr. Collier had [alleged]. They must not punish idolaters then because the magistrate was so. But for the woman taken in adultery, this was the reason that Christ did not judge her, because he would not meddle with magistratical matters. All the while Christ lived no Jewish rite was abolished."
Puritanism And Liberty Being the Army Debates (1647-9) from the Clarke Manuscripts, edt. by A.S.P. Woodhouse. Lon-1974 p. 128. All words in square brackets have been added by the editor to
give the sense of the MSS.
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Thomas Hodges ** d.1672
[Parliament is to enforce God's Law against blasphemy].
" By your Censures and Punishments, let all the world take notice you are sensible of Gods dishonour, and that there is nothing more you affect, then to do him service in this great businesse: If nothing else will do it, (t) the Seducing Prophet must die the death, for offering to thrust Gods people from him; Eliah slayes (u) Baals Prophets, the like doth (w) Jehu, (x) The People of the land slay Mattan. If any offer sacrifice to Idols on altars, let him be cut off with the sword, says Constantine; Valentinian, Theodosius, Martian , were alike disposed against such persons. I confesse, such executions should be after other means made use of, all endeavor frustrated; desperate Doctrines broached, with Haeresie, Blasphemy, or Sedition mingled. The Thunderbolt smites few, but frights many."
Thomas Hodges, The Growth and Spreading of Haeresie. Set forth in a Sermon preached before the Honourable House of Commons, Lon. 1647. p.57. The proof texts cited in the margin are (t) Deut.13.5.(u)1 King. 18. (w) 2 King. 10.24. (x) 2 King. 11.18.
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Richard Vines ** 1600-1655
[Blasphemers and seditious heretics still to be executed].
" For the blasphemous and seditious Haeritickes, both Lutherans and others of the Reformed churches do agree that they may be punished capitally, that is for their blasphemy or sedition; but the Socinian stands out here also, and denies it; alleadging that the punishment of false Prophets in the old Testament was speciali jure by speciali law granted to the Israelites, and therefore you must not looke (saith the Socinian ) into the olde Testament for a rule of proceeding against false Prophets and blasphemers: Nor (saith Calvin and Catharinus ) can you find in the new Testament any precept for the punishment of Theeves, Traytors, Adulterers, Witches, murtherers and the like, and yet they may, or at least some of them bee capitally punisht: for the Gospell destroys not the just lawes of civill policy or Common¬wealths;... "
Richard Vines, The Authours, Nature, and Danger of Haeresie. Laid open in a sermon Preached before the Honourable House of Commons... March 1646. Lon. 1647 p. 64
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Nathanial Hardy 1618-1670
[God to be honoured more than Man].
"...divers Nations appoint various punishments, all some, for those that violate Religion, tell me, I beseech you, Is it a capital! crime to speak Treason against the three Estates of the Land, and shall it deserve lesse to belch out blasphemy against any of the three Persons in the sacred Trinity? Is it an offence worthie of punishment to abuse the Sonne of a King? and is it lesse to dishonour the Sonne of God? shall they who rob your houses be condemned, and these that rob your soules escape? are those women which adulterate their husbands beds justly sentenced? and shall those that adulterate Gods sacred Word go free? Fidem ne sen/are Deo levius quam homini? Is it a more veniell offence to break faith with God then man ? "
Nathanial Hardy, The Arraignment of Licentious Libertie, and Oppressing Tyrannie. In a Sermon before the Right honourable House of Peeres.Febr.24.1646 p.18.
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William Reyner ** d.1666
[How we may prevent idolatry].
" Execute judgment for God, every one as farre as his power will stretch. First, doe judgment upon thine owne selfe for thy sinnes in all wayes of godly revenge, as by Fasting & c. sing mercy and judgment to thy family, as David Psa.101. Doe thy best that judgment that hath beene turned to wormewood and hemlocke, may run downe like a mighty streame, in publique. and where thy hand cannot reach a blow, or cast a stone at an idolater, blasphemer persecutor, & c. let thy heart at least doe it. For if a mans consenting to, or approving of an act of injustice may in guilt him, as I may say, in it as it was with the Jewes, whose state was ruined for killing Christ and the Prophets, though most part of them had never seene any of them Mat.23.37. why may not a mans executing judgment, with his heart, when he can proceed no further, be accepted, in respect of him, for an act of justice, by him that is pleased both in good and evill actions, to accept the will for the deed?
This duty is principally incumbent upon the Magistrate, who is to execute judgment of the Lord, not arbitrarily as himself pleaseth; but according to the rule of the Word, both for mater and manner.
1. For the matter man hath no warrant either to leave grosse and horrid sinnes unpunished in the committers of them; such as are the ring leaders in idolatry and persecution; nor yet to commute or change the nature of the punishment."
William Reyner, Babylons Ruining- Earthquake and the Restauration ofZion delivered in a sermon before the honourable house of commons... Aug. 28 1644. p.44 Leter Reyner questions the
motives of Magistrates who punish theft, yet do not pursue idolaters etc.
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William Ames - Conscience and Cases Thereof, 1639 Book IV, Chap. 4 Of Heresy
Question 6 - Whether are Heretics to be punished by the civil Magistrate?
12. A.1. That Heretics are to be resisted by everyone that is godly, according to the calling and power which he hath received from God, it appears sufficiently from the nature of the thing: because all the godly are called to a christian warfare, and are in their stations every one to oppose themselves to the kingdom of darkness.
13. A.2. The place and office of a Magistrate requires, that he repress wicked men that trouble the Church, even with the sword, or with public and external power if there be need, Rom. 13.4, 1 Tim. 2.2.
14. A.3 If therefore Heretics be manifestly known and publicly hurful, they are to be restrained of the Magistrate by public power.
15. A.4. And if they be manifestly blasphemous, and pernacious, and stubborn in those blasphemies, may suffer capital punishment. for that Law Lev.24.15,16 although it bind not Christians as it is a Law, yet as it is a doctrine coming from God, it does belong to the direction of Christians in cases of the like nature. When therefore the glory of God, and the safty of the Church requires such a punishment, it may, and if other remedies have been used in vain, it ought to be inflicted by the Christian Magistrate.
Book V. Chap. XXV Of the Mutual obligation between Magistrates and Subjects
8.3 The chief care of the Magistrate ought to be, that he promote true Religion, and repress impiety. Isa 49.23. Psalm 2.11. Examples of this care are commended in David, Solomon, Josaphat, Hezikiah, Josiah, etc. The business of the Lord, and the business of the King, are not so disproportionate, (as you may see in the 2. Chron. 19.11) but that the care and knowledge of the things which are Gods, may well belong to the King: But they are thus truly distinguished, that in the managing of affairs the King play his part politically, and the Priest his Ecclesiastically.