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A81829 The povver of the Christian magistrate in sacred things Delivered in some positions, sent to a friend, upon which, a returne of his opinion was desired. With some considerations, upon the answer; and a digression concerning allegiance, and submission to the supreame magistrate. By Lewis du Moulin, History-reader of the University of Oxford. Du Moulin, Lewis, 1606-1680. 1650 (1650) Wing D2551; Thomason E1366_4; ESTC R209267 40,736 161

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and over all persons no prophet in his time prophesied but the 70 Elders who yet prophesied by the spirit of Moses communicated to them In Joshuah's time the Regall or Civill Supreame Power was joyned with the Sacerdotall and seated in Eleazar as we may read Numb 27. vers 18 19. c. And St. Peter in his 1 Epistle chap. 2. vers 9. he coupleth them together or rather maketh but one of them calling the Common-wealth of Israel a Royall Priesthood That these Powers were no lesse divided in Samuel appeareth by the word of God to him 1 Sam. 8. ver 7. They have not rejected thee but me as if he should have said this people is weary to be under thy government they must needs have a King of their owne but in so doing they have not so much cast thee off as me who had set thee over them After Saul the High Priests attempted nothing except it were by a speciall command of God without the Kings consent Thus when the Booke of the Law had been a long time lost and then found the Priests enquired of the Lord concerning that Book by the command and direction of Josias so that the supreame visible authority to judge whether the Booke found was to be received for the Law of Moses and the word of God did only belong to the King as we see in the 2 Book of King chap 22. 23. where we read that the King called together all sorts of men viz. Elders Priests Prophets and all the people and read the Book of the Law before them all and withall was the author of the Covenant to which all the people stood under the word people all ranks of men being comprised After the return from the captivity it is knowne that the Sacerdotall Kingdome was againe set up as it was in Joshuah's time and under the Judges Letter IN the 10th Article he saith it is not understood that the Soveraigne Magistrate ought to give orders which concession will serve to keep a part of the authority belonging to the Ministers for if the ordination doe belong to none but the Pastors only it followeth that to them only belongeth the degrading and exauctorating of Ministers which are either vicious or hereticks or yet uncapable They may take away what they have given but still the punishing of them for crimes is in the power of the Soveraign Magistrate Consideration THere might be yet a question made whether when the Supreame and Regall Power is set in it hath not much of the Ministeriall and Sacerdotall Office annexed to the Regall calling and paternall Right for 1500 yeares together the Soveraigne Power was joyned with the Sacerdotall and among the chiefe Cities of Greece the Kings were Priests omnino apud veteres saith Cicero qui rerum potiebantur iidem auguria tenebant ut enim sapere sic divinare regali ducebant The division that was made to Aaron was not of the Soveraign Power but of the exercise of the Office Besides Aaron was an expresse figure of Christ our great High Priest which office near the time of Christ even soone after the Captivitie was againe confounded with the Regall but not to make use of this plea I say it is of ordination as of taking of the degree of Doctor of Physick or Law in an Academy This co-optation though made without the speciall privacie of the Supream Power yet in generall 't is not done without his consent permission he hath stil an inspection over the man quatenus Physitian or Lawyer and so long as he exerciseth the profession In like manner though the Soveraigne Power doth not ordaine this particular man yet is ordination of his appointment and one of his Lawes though it comes first from God for so doth the morall Law which notwithstanding after it hath been published under certaine penalties becomes the Law of the Supream Legislator of the State we have amongst the Constitutions of Justinian some bearing that title De ordinatione Episcoporum Clericorum Letter NOw if the Orthodox Magistrate under whose shadow the Church subsisteth and the true Religion maintained should transgresse the limites vindicating to himselfe more power over the Church then God hath given him in his Word I shall alwayes give counsell to the Pastors of the Church and to the people to beare that yoake with patience without murmuring giving thankes to God for bestowing Magistrates who are conservators of the purity of the Gospel under whose shelter and protection the souls are directed to the way that leads to salvation Consideration I Conceive that if the Soveraigne Magistrate takes upon him the care of ordering Church matters that the Pastor and Church have a yoak so much the lighter and therefore have need of lesse patience to beare it then if they carried it themselves neither doe I conceive that the transgression here mentioned in the Letter can be any trespasse in the Magistrate and though it were one that it is not much materiall nor of any dangerous consequence he having as the Letter saith the maine qualification required in a Magistrate which is to be conservator of the purity of the Gospel and besides the main end being obtained which can ever be desired and aymed at in any government which is to be directed to the way that leads to salvation But suppose that the Magistrate abuseth his own power over the Christian people in ordering the things which concern the Kingdome of God I doe likewise conceive that here the Magistrate does trespasse as a tyrant and not as an usurper and is like him that is drunke with his owne wine and not with anothers in which there is yet a double trespasse the one against his owne body the other against the good creature of God which he spils to no purpose But as they say by way of proverb right is right still and wrong wrong in what ever disguise they appeare So mischiefe is a mischief still and as great a mischief in the Soveraigne Magistrate whether his power exceedeth in things they call Civill or things which pertaine to the Kingdome of heaven though the inconvenience be farre greater in mis-ordering the latter God having equally entrusted him over all persons and causes in a Christian Common-wealth In the discharge of which trust it were to be wished that all Christian Magistrates would governe without that distinction of Powers Ecclesiasticall and Civill FINIS February 25. 1649. Imprimatur Nathaniel Brent