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A81826 Of the right of churches and of the magistrates power over them. Wherein is further made out 1. the nullity and vanity of ecclesiasticall power (of ex-communicating, deposing, and making lawes) independent from the power of magistracy. 2. The absurdity of the distinctions of power and lawes into ecclesiasticall and civil, spirituall and temporall. 3. That these distinctions have introduced the mystery of iniquity into the world, and alwayes disunited the minds and affections of Christians and brethren. 4. That those reformers who have stood for a jurisdiction distinct from that of the magistrate, have unawares strenghthened [sic] the mystery of iniquity. / By Lewis du Moulin Professour of History in the Vniversity of Oxford. Du Moulin, Lewis, 1606-1680. 1658 (1658) Wing D2544; Thomason E2115_1; ESTC R212665 195,819 444

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the sons of the prophets multiplying and their house temple or auditory being too little they enlarged it and chap. 22. v. 14. Huldah the prephetesse is said to dwell in Bamischnah in a colledge or school of learning So from 1 Samuel 19. v. 18. and 20. one may gather that Samuel being the chief Rabbi and Prophet having many disciples under him had his house of oration school or Colledge at Naioth in Ramah where he did not only teach publickly upon sabbath● ayes but also instructed upon other days his disciples or young prophets called his sons as appeareth by the 20. verse except by prophecying be meant uttering marvellous things of Gods greatnesse goodnesse providence for the ordinary gift and charge of the prophets was not so much to declare hidden and foretell future things as to expound the law and to exhort the people and pray with them in which sense John Baptist is called by Jesus Christ a propher who yet never wrote nor uttered any prophecies and Exod. 7. v. 4. Aaron is called the prophet of Moses because he was his interpreter to the people And the great number of those prophets sheweth manifestly that their ordinary employment was to do what the prophets of the new Testament do to exhort teach comfort-rebuke no lesse number being required for that work under the old then under the new In the 1 Kings ch 18. when Jezabel did seek to destroy the Prophets Obadiah hid 100. in a cave and in the 2. book chap. 2. v. 16 the sons of the Prophets sead of their own body 50. men to seek after El jah Sure there was no need of so many to foretell future things when one of a 1000. Prophets might undergo that charge well enough to satisfy all the people of the mind of God concerning future things wherewith but few of the people need to be acquainted but all the people had need of teachers and instructers in the law of Moses and that in a considerable number for 1000. had not been enough to instruct the fourth part of the people in the ordinary way of prophecying that is teaching and exhorting for the Rabbins say that there were 480. such houses of convocation or prayer otherwise called synagogues in Jerusalem There is mention made of two houses which were famous one at Bethel the other at Jericho whither the sons of the Prophets repaired to Elisha They were frequented not only every sabbath-day and new moon for praying with the people of the neighbourhood as appeareth by 2 Kings v. 22. but also for teaching their disciples and resolving any that should come to them upon any doubt whither it is likely David did go Psal 73. v. 16. when being inwardly perplexed with distractions he could find no settlement till he went to the sanctuary of God to be instructed better then he was where by the sanctuary doubtless is meant such a house of convocation or school And in the 27. Psalme that one thing that David desired of the Lord was no doubt to have communion with God and with the faithfull people in the Temple or house of prayer whereto he resorted every sabbath for it is not likely he understood this of being partaker of the legall rites sacrifices in the Temple at Jerusalem which was not yet built What was the form and matter of the exercises in those houses the Scripture mentioneth not only we gather by what the Prophets of Baal did 1 Kings 18. v. 26. that likewise the Prophets of God in those synagogues or houses of convocation did pray from morning untill noon and then till evening taught by catechising and expounding for in the 29. verse the word prophesving is equivalent to teaching and instructing And Samuel 1. book c. 12. v 23. maketh two parts of his propheticall office viz. to pray and teach God forbid that I should sin against God in ceasing to pray for you but I will teach you Now as those prophets had no dependence on the Priests and Levites no more then the houses of convocation where they taught so neither do we read that there was any consociation of all these convocations into one nationall church under some church-judicatory made up of Priests and Levites or that they had any dependence on the Sanedrim or state-court prescribing them any orders how to govern themselves only they were not to teach and expound ought but the law whereof the magistrate was the keeper and guardian nor to thwart the duties of the publick worship commanded such as were the killing of the passeover at set times the appearing of the males three times in the year at the place that God was to chuse and performing all the sacrifices oblations and rites enjoyned and so far were the convocations depending on the magistrate For in the first institution we do not read that these convocations or synagogues or those that were over them were or needed to be invested with any jurisdiction but were like schools of learning whose masters and teachers were also like Plato Zeno Aristotle over the schools in Greece who had scholars men of ripe years and discretion that with a withing fulmission embraced their sayings and precepts so that the Prince or Dr. of the school needed not any restraining or coercive discipline to order them And indeed it is very likely that those heathenish schools of Philosophans had their first rise and ouginall from those 〈◊〉 wish schools But that each of those convocations where Prophets taught and expounded were independent from other convocations saving only so far as they were all members of the same Commonwealth will appear anone when we enquire into the nature of these convocations when they went currently under the name of synagogues and all jointly were not one Commonwealth in one countrey but lived dispersed for then every lynagogue was sui Iuris and governed it self though some R●manists would perswade us that many synagogues were aggregated under one Archisynagogue or chief 〈◊〉 which is a great mistake for some synagogues had sometimes many Archisynagogues It is true we read in the Theodosian code of Patriarchs of the J●wes lib. 8. tit 18. de Iudae●s coelicolis or Samaritanis but those Patriarchs were not over any matter concerning law or religion but were only publick treasurers of mony levied for the poor for building of synagogues the like 'T is true also that the nature of those synagogues being changed as long as the Senat at Jerusalem had any repute other synagogues did defer very much to it requesting letters of advice from them but submitted not to any command as from a superiour to an inferiour as we gather by Act. 9. v. 2. and 3. and ch 28. v. 21. But to follow the history of these convocations a little farther their independency is clearly to be seen when the faithfull people lived under idolatious Kings as under Jeroboam and his successours for they could not depend on the Sanedum at Jerusalem since it was a capitall
head of the Church WE proceed to examine what the Rever Assembly say that Jesus Christ hath instituted this ecclesiasticall ●…sdiction as King and head of his Church Mr. Gillespie one of their body and therefore the best interpreter of their meaning saith in his 2. book chap. 5. that Jesus Christ hath two Kingdoms 1. a generall as he is the eternall Son of God the head of all principalities powers raigning over all creatures 2. a particular Kingdom as he is mediatour raigning over the church only by which church he understandeth a visible church of saints combined in such a body as is the church of Scotland enjoying the ordinances and the discipline of Christ And of this Kingdom he understandeth Matth. 16. v. 28. There be some standing here which shall not taste of death till they see the Son of man coming in his Kingdom So doth Beza against Erastus who with Mr. Gillespie out of those words of Christ my Kingdom is not of this world concludeth two things 1. that the ecclesiasticall government is distinct from the civill or that of the magistrate 2. that that Kingdom is an aggregation of many churches under one presbytery In the 6. chap. of the same book he is very prolix to prove that Jesus Christ as mediatour and head of the Church hath not appointed the magistrate to be his viceregent in the government of the church in the second acception I confesse that the holy Scripture mentioneth two Kingdoms but that both these be visible ones I deny flatly particularly that Jesus Christ is called King and head of the church in reference to the visible congregations of Christians or that by the body of Christ is meant the visible assembly of those that make outward profession of the Christian religion Let us then consider in this Kingdom of Jesus Christ as mediatour the nature of the King and head of his scepter sword power weapons keyes fullnesse that so we may see if all these qualifications yea if any one of these are proper to any visible church particular and nationall Both Rivet and Reynolds in their comments upon the 110. Psalme make this Kingdom wholly spirituall not of this world much lesse seen in this world though known to be in this world It is that Kingdom which is many times mentioned in the Gospell but never once taken for a visible government of men professing outwardly the name of Christ but for the Kingdom of grace and that government which Christ hath over those whom he ruleth by his spirit of adoption The keyes of this Kingdom are the door of utterance in the ministery whereby men have entrance these keyes keep out from coming in those that are without doors but never put out any that are once in and therefore most absurd it is to ground the power of excommunication upon the power of the keyes committed by Jesus Christ to the Apostles if the Kingdom of which Christ speaketh is the Kingdom of heaven or of grace will they say that an excommunicated person is put o● of the Kingdom of grace The scepter and sword of this Kingdom is the word of God The weapons are not carnall nor are they used to the putting a man out by excommunication but to the pulling down the strong holds of sin not by tying a man with church-censures but bringing into captivity his imaginations to the obedience of Christ This truth broke through the darknesse of popery and was acknowledged by those that were oppressed by the Popes tyrannie so in the year 1080. the advocate of the Emperour confut 9. saith that the preaching of Gregory the 7. was new since the church had no other sword then that of the spirit which was the word of God This language was acknowledged by the canonists to be in the mouths of the Popes adversaries who yet kept within the communion of Rome never dreaming of a Wicleff or a Luther as can inter 33. quest 3. Ecclesia non habet gladium nisi spiritualem qui non occidit sed vivisificat The law of this Kingdom is not the discipline or censure of the church but the law both of the Gospell and of faith called also the law of the spirit For by the power of that Kingdom described by the holy Ghost in the new Testament and mentioned in 50. places is not in any of them understood the ecclesiasticall power or any such thing as the power of ministers presbyteries synods to make decrees canons to determine authoritatively to suspend excommunicate and absolve but alwayes is meant that power that translateth from darknesse to light and from the power of satan unto God by which we are made sons of God Ioh. 1. v. 12. by which we are enlightened Act. 26. v. 18. and raised unto newnesse of life The fullnesse of that Kingdom is the saving gifts and graces given to the members The head of this Kingdom is Jesus Christ our King Priest and Prophet ruling by his spirit his subjects which are his members offering satisfying and interceding only for them teaching none savingly but them There is no governour or viceregent of this church but the spirit of God working in the heart by the word preached or read and guiding into all truth Though God hath no visible governours of this Kingdom yet he hath externally many subservient instruments and ministers for the advancing of that Kingdom as magistrates by their jurisdiction pastors by their function all godly people by their generall calling and dutie their persecutions afflictions maladies and particularly the ministers of the Gospell are main agents in Gods hands for the building up of that Kingdom What they know they do is the least part of their ministery they themselves being ignorant what and how they work by it in mens hearts Gods chief minister is Christ in the word the power is the efficacious working of the word the keyes are the openings of the heart to the word or rather the openings of the word to the heart and the receiving of the person into the heavenly fellowship This power is not placed in the ministers but the word which though it is delivered by them not only in a way of beseeching and exhorting but also of commanding yet that jurisdiction is only effectuall on those that of unwilling are rendred willing so that it is rather the jurisdiction of the word then of the minister for the ministers operation in the ministery is like to that of the artists in their chymicall operations where they are rather spectators then actors admovendo agentia passivis for nature and fire are the main agents They are like an husbandman in a vintage who maketh not the wine but ordereth it powring it from one vessel to another This being the nature of the Kingdom and church of God of which Christ is the head and King it remaineth to enquire who is the viceregent of God in governing the visible congregations of Christians meeting about the worship of God Properly
7. It is very compauble that in one government there should be many ●anks and sorts of men contributing th●ir ca●e towards it so that all these cares be not coordinate but subordinate and every rank of men take care in its proper place and with subordination to some principall power that must have the chief care of it This the Papists as they hold so they practise for they make the magistrate but subservient to the care that the Pope is to take in governing the church yielding to his judgement and commands and executing his decrees and buls without controul But the presbyterians that are not yet agreed how to levell the duties of the ministers and of the magistrate about taking care of the government of the church have cast us into an endlesse unce●tainty which of them is to have the greatest ●hiefest care For whereas Rivetus saith that the magistates chief and first care is the administration of sacred things and the government of the church and his second care the government of the Common-wealth Walaus Apollonius Mr. Gillespie and a hundred more will tell us that that care doth mainly and first belong to ministers and next to them that magistrates have an auxiliary ecclesiasticall power by which they are to ayd the ministers in the government of the church So that if each party conceiveth that the care of the church doth not belong chiefly to the other but that he is to look to it as he thinks fitting and not to trust the main care with any one but himself I fear we shall need a third party to take care that these two may care but for one thing 8. Those words of Jesus Christ I will give thee the keyes of the Kingdom of Heaven and whatsoever thou shalt bind c. and against that church which they say is the Romish church the gates of Hell shall not prevail seem literally to confer a very great power yea to give an infallibility the power of remitting and retaining sins and of granting indulgences being not repugnant to the non-erring power But the giving this great power of the keyes of Heaven and of binding and loosing expressed in very high and emphaticall terms cannot be applyable to a presbyterian church against which the gares of hell shall not prevail nor can it stand with the little modulus of power of a presbytery which yet hath found no legs to walk on they not resolving us yet whether the pastor or the people or both must excommunicate that the sentence of excommunication may be valid nor how farre it reacheth 9. Particularly that saying of the Papists that there cannot be a greater argument that their judgements are infallible then this that God ratifieth them in Heaven is much according to the literall arguing of the Scripture saying that whatsoever shall be bound c. that is as they interpret it whatsoever shall be decreed by them and passed on earth shall afterwards be ratified and approved in Heaven For were their judgements fallible then God would not have tyed himself by his promise to approve of all the erroneous judgements of men which they say cannot be said without blasphemy But the fallibility of the judgements of presbyterian judicatories is repugnant to the letter of the Scripture which promiseth to ratify all the judgements that are passed by men on earth 10. So for the power of the Pope in absolving and loosing men from their oaths and promises and fidelity due to their soveraign it doth very well agree with the letter of the Scripture whatsoever ye shall loose on earth shall be loosed in heaven for here is a power given without any modification But that of presbyterian j●dicatory not challenging such a power and yet grounding their power upon the same Scripture must so much the more recede from the Scripture and therefore they need a place of Scripture as pregnant for their power as the Romanists have for theirs 11. Lastly the jurisdiction held by the Papists is a true valid jurisdiction for it is coercive and extendeth to the body estate liberty and good name the Pope and Bishops have their prisons but the presbyterian is a name without a thing for they are loth to call it coercive it must be then perswasive I wish they would hold there suspend their excommunication of any person till he be perswaded so to be which I think he will never be or till they can inform him that excommunication is an ordinance of Jesus Christ as well as the preaching of the word and the administration of the Sacraments as they tell us in the 63. page of their answer to the reasons of the dissenting brethren which neither do I think they ever will be able to doe 12. But though the ecclesiasticall presbyterian power as it is held to be independent and not subordinate to the magistrate is lesse consonant to Scripture and reason then the papall ecclesiasticall power yet I must say thus much for the brethren of the presbytery that their excommunication as they hold it from a power coordinate and independent from the magistrate is more consistent with reason then that excommunication held by the learned and rever Dr. Hammond agreeth with his subordinating the ecclesiasticall episcopall power to the magistrate as supreme governour of the church under Christ for according to the Doctors opinion one cannot conceive of the power of excommunicating but as the power of the magistrate and of excommunication but as a law of the magistrate which yet I believe he will not grant For were he willing to grant thus much then besides that he and I should not differ he would get reason and Scripture more on his side then 〈…〉 ur brethren of the presbytery or the Pap●…s have Now that some remaining within the communion of Rome have acknowledged as much as we concerning the nullity of a double jurisdiction the power of the magistrate in sacred things and the nature of the Kingdom of God I could prove by many of them truth breaking forth through the darknesse of popery whereas Mr. Rutherfurd and Gillespie were blind in so clear day of revealed truth I have already al●edged Claude Fauchet John du Tiller who t●ll us that there was no such thing as a double jurisdiction for many hundred years after Christ and with them agreeth the authour of the Review of the Councill of Trent wh●… the 6. book chap. 5. saith that the 〈…〉 F●ance hold their jurisdiction not from the Pope but from the King of France We have also alledged Tos●atus upon the 16. of Nauhew asserting that among the Jewes there was no distinction of jurisdiction Hotomannus a famous Lawyer and a Papist in his book of the Liberties hath these words It is certain that ecclesiasticks as ecclesiasticks have neither fisck nor territorie nor any jurisdiction but only liberty to declare what is fitting to be observed without receiving or execut on of their opinion But I will insist