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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Letter that Jesus Christ did not except against the power that Pilate tooke to judge him but rather said that that power was given him from God Thus in the fourth of the Acts Peter and John doe not except against the validity of the Court over them but freely acknowledge their Judges We are examined say they of the good deed done in the impotent man The state of the controversie was whether it was lawfull to heal any one in the name of Jesus Peter in the name of the Apostles proved it was lawfull because Jesus was an Head over the Church and was author of Salvation which they further strengthened by proofes from his Resurrection and antecedent Oracles and when they were forbidden to preach any more in the name of Jesus they replied Judge yee whether it be right in the sight of God to hearken unto you more then unto God Intimating that even the power of judging whether Jesus was the Messias did belong unto them Letter Of the Power of Kings over the lives and calling of the High Priest we have a cleare example in the 1 Book of the Kings Chap. 2. Vers 26. where Salomon saith to Abiathar Thou art worthy of death but I will not at this time put thee to death only was contented to thrust him out from being Priest unto the Lord and confined him to his house at Anatoth and oft-times the Roman Emperors and the Christian Kings have punished Bishops and Pastors with banishments stripes yea with death The Emperour Constantius did remove Liberius Bishop of Rome from the function of his Episcopacy and banished him to Berea Consideration THis example and many more he addeth are sufficient to evince that the Magistrate hath power to exauctorate or degrade and thereupon to put another in the place He that hath power to expell a Bishop from his Dominion hath also power to thrust him out of his Sea which is within the Dominion and if the Election was not an Act of the Soveraign Power either by his concession or delegation to others the Minister or Bishop could not be put out but by the power that invested him Any Act which may contribute towards the securitie peace and weal of the state is of the cognizance of the supream power of that State and the Jus sacrum was comprised under Jus publicum for the definition of Jus is the knowledge of Divine and humane things Letter IN the dayes of Valentinian Damasus and Ursicinus being competitors of the sea of Rome the sedition being grown to that height as that there was found 137 dead bodies in a Basilisk but the commotion was appeased by the authority of the Emperour who expelled Ursicinus and setled Damasus In the yeare of our Lord 420. there arose a great strife between Bonifacius and Eulalius competitors for the sea of Rome by the clashing of the Suffrages of the people of Rome to whom at that time belonged the power and right of election But the authority of Honorius intervening he thrust out Eulalius and preferred Bonifacius and withall made this Law that if it falls out that against right and by the rashnesse of the contending parties two are made Bishops we will not suffer that either of them be Bishops this Law is found in the Decree of Gratian Distinct 79. Canon si duo forte Consideration THough the election of Pastors should naturally belong to other Pastors or Christian people as naturally every one chuseth a Tutour to his sonne a Patient what Physician he liketh best a Merchant his Factor yet no doubt but the Soveraign power may exercise such actions that have no definitive bounds and rules prescribed by the dictates of nature thus in many places the Soveraigne power will provide Tutors for Pupills publick Schoolmasters for youth Physicians for Townes and Cities Besides the Factions Schismes and Heresies may so rend the State that if the supream power hath not a chief regulating hand in the election of Pastors calling or convocation of Synods it will never be able to settle the peace and security of the State upon a right Basis The Canons about elections have no life nor validity but what they receive from the supream power much lesse the elections which are regulated according to the canons and decrees Letter IN the yeare of our Lord 451. The Emperour Theodosius the II. whose piety and goodnesse is generally commended expelled Nestorius Patriarch of Constantinople and banished him In the yeare 498. a great strife happened about the election of a Bishop of Rome betwixt Symmachus and Laurentius the King Theodorick taking notice of the strife and hearing that Symmachus had been first named preferred him before Laurentius but soon after Symmachus being accused of many crimes he appointed Peter Bishop of Altin to iudge of the accusations and look to the disorders of Rome In the year 525. King Theodorick sent Iohn Bishop of Rome Ambassadour to Iustine the Emperour but this Iohn behaving himselfe contrary to his instructions Theodorick put him to death in prison Gregory the I. Bishop of Rome who wrote about the yeare of our Lord 595. writing to Maurice the Emperour calls himself unworthy servant and subject to his commands yea dust and ashes in his presence and a worme In the yeare 654. Constant the Emperour put Martin the Bishop of Rome in chaines and banished him to Chersonesus where he died Under Pepin Charles the Great and Lewis le Debonaire the power of the Romane Pontife grew by the liberality of those Kings yea since them have they been often ill intreated punished degraded and deposed by the Emperours of Germany and the Kings of Italy and the Histories of Germany France and England are full of examples of Emperours and Kings who have dealt roughly with the Bishops putting them out of their sea c. There is no doubt made when the King Clouis was a heathen but that he had an absolute power over all French both Lay and Ecclesiasticall and that retained still the a Christian he being afterwards same power else he had been a loser by his change and suffered a diminution of authority in his Empire Under the first line of our Kings Councells were assembled by their command and the Bishop of Rome never intermedled and had neither Nuncioes nor Legats in France Consideration THat the Supream power even of contrary Religion challenged power as well over Eclesiasticall persons as causes and were acknowledged competent Iudges we may see by the appeal of Saint Paul who appealed to Cesar I stand saith he at the Judiciall seat of Cesar there I must be indged and when Saint Peter not declining the Iudgement of the Councell said Act. 4. Whether we ought rather to obey God or man Judge yee And the great controversie about the Temples of Jerusalem and Garizin between the Iewes and the Samaritanes was decided by Ptolomeus King of Egypt and which was most materiall by the Law of Moses and his judgement was right pronouncing to

that their duty is not onely to render him his own but also instruct him and make him know the extent of his power and tell him his duty is to throw his scepter at the feet of Christ and mainly seek and care for the things pertaining to the Kingdome of God And likewise if the said Magistrate upon deliberation takes that charge upon him who doubts but that although the duties of the Pastours be never the lesse their burden is so much the lighter and that they have lesse to care for The civil Lawyers tell us that if a man by Will is appointed Guardian to a Pupil and cannot produce the Will the soveraign Magistrate may ordain any one to be Guardian till the Will be produced This is the very case and the application is easie that the Soveraign Magistrate is set Tutour over the Christian people by the will of God now the while a Will is concealed it is well if some body takes care of the Ward and it matters not much who be the Guardian so that the Ward do not suffer dammage in his person or estate but when the Will is produced to the Supream Magistrate good reason then he should discharge the part of a faithfull Tutour and the maine trust laid on him and intended in the Will which is that those that are under his tuition may inherit the Kingdom of heaven To that purpose the Author of the book de regimine Principum ascribed to Thomas Aquinas hath a golden saying The end which principally the King must intend in himself and Subjects is eternall beatitude which consisteth in the vision of God and because that vision is the most perfect good every King or Lord is chiefly to endeavour himself that his Subjects may attain to that end Letter ANd since the Scripture saith the Church is made up of two kinds of persons viz. Shepherd and sheep he should have declared whether he ranked the Magistrate amongst the Pastours or Sheep Consideration THE Magistrate is among the Sheep in relation to the Pastour as he is a Patient in respect of his Physician and a Disciple in respect of his master teaching him Arts and Sciences in a ship he is but one of the vectores in relation to him that guideth the Ship and sits at the stern Beside in some regard the Soveraign Magistrate is the Pastor as David is so called and the Christian people the Sheep these relations being mutable accidents and not inseparable properties do not in themselves either abase or elevate the nature of the Subject Letter THis also is a point worthy the consideration If when a Magistrate liveth disorderly and is guilty of enormous crimes the Pastour may not deal with him with reprehensions and admonitions and when the Pastour seeth apparantly that such a Magistrate cannot be partaker of the holy Supper of the Lord but to his condemnation whether he may let him perish without reproving and advertising of him Consideration AS a Magistrate being sick is subject to the orders of the Physician so as a Sheep he is no lesse yea more subject to the power of the Keyes then the meanest of the flock for the more he is exposed to contagious vices which he doth countenance by his example the more need hath he of antidotes and preservatives It was an old and true saying miser est Imperator cui vera reticentur The power of the Keyes declaring from God a message no doubt but the Soveraign Magistrate is equally concerned to heare God speaking as any one of the common people Letter ANd since the Authour of these Articles saith that the Soveraign Magistrate ought to have in all causes and actions and over all persons an absolute power so that he commands not any thing contrary to the word of God for in these cases he holds disobedience to be just it had been needfull that the said Authour had told us who shall be Judge whether the Magistrates commands are repugnant to Gods commandements in case any difference be moved thereupon Consideration TO this question I answer that none can be a visible Judge but he that is the Soveraigne power of the Common-wealth and though he judgeth erroneously and partially he hath onely God that shall judge him Pastors or Congregations must either acquiesce to his judgement and decision as being onely legall or they must suffer for righteousnesse sake Now if one saith the Pastours must be Judges this Judgement must be either of authority or of discretion This latter judgement is that by which every man having reason and conscience is able to discern what is true what is false what is fit and usefull and what is unprofitable and hurtfull by this judgement every Pastor yea any other man may judge of the wrong wayes the Magistrate takes and the Pastour may go yet further for being convinced in his judgement and conscience that the Magistrate liveth in an ungodly way he may and must presse unto his conscience Gods word and his Iudgements but by the first kind of judgement which is of Authority I do not conceive the Pastors can judge the Soveraign Magistrate only they must strive to perswade him counsell him and use no other forcible arms then prayers to God and tears Lachrymae meae arma sunt saith St. Ambros to the Emperor Valentinian II. for it cannot be conceived that two soveraign powers can stand together in a State and Civilians have ever so contrived Laws and Courts as they do not justle and clash one against another Thus though paternall right is most naturall and ancient yet have they alwayes subjected it to the Soveraigne Magistrate and make that yield to this Now as they make three kinds of actions Ecclesiasticall Iudiciall and Military suppose the Soveraigne power Ecclesiasticall should bid a man to go to Church the second power should bid him to go to the market and the third power to the Leaguer I demand how shall this man be able to fulfill all these commands at once belike he will obey none for as saith Tacitus ubi omnes praecipiunt nemo exequitur when all do command there is none that obey therefore there must bee an order among the powers one being subaltern to the other else you can no more conceive a parity of powers then two Gods in the world Letter ANd because ofttimes dicussions may happen in the discussion of the true Doctrine and upon points of great concernment to the Christian Religion the authour of these Articles should have declared whether he understands that the Soveraigne Magistrate is to decide those controversies and whether his meaning is that the Supream counsel be made up of Divines expert in these matters Consideration THough the Soveraigne power should have little or no insight in things pertaining to the Kingdome of heaven yet being by Gods providence the Supream Iudicature of the Countrey this must be taken for a Iudgement of God who as it is said in the 4th of Daniel in his

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