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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	church_n	ecclesiastical_a	jurisdiction_n	1,518	5	9.0964	4	false

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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

a State bounded as England by certain limits no doubt if it be one State or Comon-wealth it hath one Soveraigne power reaching as well to Cumberland as to Kent and Cornwall over all persons actions and causes for if some persons or causes were exempted as for example the persons and causes they call Ecclesiasticall within the same limits of Land I do not conceive that there can be any such power nor can I Imagine where that power in matters Ecclesiasticall or ordering Church wayes should reside by which the Supreame Civill Magistrate is bounded but there may be as well ten thousand Supream powers and Courts Ecclesiasticall within England as one single generall power for the Civill Magistrates Jurisdiction being distinct from the Ecclesiasticall he may not hinder that multiplication of powers every one of these powers assuming to be sui Juris in sacred things or if he hinders it and prevaileth to have but one Soveraign power in Church matters in all his Dominions this very act of prevailing will be a sufficient demonstration that there is but one Soveraigne power over all causes and persons Ecclesiasticall and Civill indeed the taking away the branch of the Jurisdiction and power of the Christian Soveraign Magistrate in things pertaining to the Kingdome of heaven is as much as to destroy all Ecclesiasticall power and Jurisdiction for besides that this makes the Magistrate but a cipher or zero in sacred things it abolisheth all Ecclesiasticall Discipline Parish meetings publick and uniforme exercises of the ordinances which cannot be performed but by the supreame Magistrates ordering permission or at least connivence and it reduceth all Church wayes to the congregational which way though it cannot be disproved all men naturally having a power to associate themselves upon their ordinary affairs without the Supreame Powers leave or ordering much more when those meetings are pious innocent and without danger to the publick weale yet if there be no other Church-way within all the Dominions of the Soveraigne Magistrate then the Congregationall not onely all Power of the Keyes and Jurisdiction in Church-matters is quite taken away from the Christian Magistrate but also all Presbyteries Classes Synods and with them their Power and Jurisdiction vanisheth and comes to nothing and in truth it will come to nothing if you doe not make that publique ordering of Church-way setting up of Ordinances uniformity of Catechising confession of Faith discipline censures to be a branch of the Legislation and Jurisdiction which the Soveraign Christian Magistrate is to have over all causes persons and actions for in Gods name where can that Power in Church matters be seated but in the Christian Magistrate May be you will seat it in all the Christian people within the Magistrates Dominions But by this the Christian people having the Soveraign Power in Ecclesiasticall shall have the liberty not onely as I said before to make as in England either one two or more yea ten thousand Nationall Churches as far differing one from the other in Rites and Constitutions as the Scottish Church is from the English and the English from the French the word of God not stinting whether associated Christians ought to be many or few in one body or whether many bodies or few in one Nation as England and whether they must be a collection of Churches joyned in one body of a Nationall Church or not And which is more this absurdity and great inconvenience will follow from this dividing of Powers that it will be free for Christians to erect in two contiguous Countryes under two distinct Magistrates as France and the Territory of Geneva one collective body of Churches ruled by the same Synods and Decrees under one Soveraigne Power in Ecclesiasticall and thus shall you have not Imperium in Imperio but Imperium in duobus Imperijs a confusion of Empires for who may have right to keep them from so doing If you say that both the neighbour Soveraigne civill Powers may hinder them to that I say either it is an usurpation in them to doe so or if not then that Power by which the Church is ordered is subordinate to the Soveraigne Christian Magistrate which is all I intended to make good But it may be said againe that all the Christians or all the Congregations who are big enough to make a Church such as the little number of two or three of Christ in the Gospel gathered together in Christs name within the Dominions of the Soveraign civill Power will have that humane wisedome as to erect but one Nationall Church and of the same latitude and extent that the Dominions are To that I say that this very liberty and humane wisedome which they make use of without a certaine prescript from God doth sufficiently evidence that they make use of the same guide which the Supreame Power doth imploy in the governing of the State and that since humane wisedome must be be called to help for the ordering of these two things they will have to be distinct viz. the Church and State none can be better trusted with them then the Supream Power of the State where the Church must be constituted and indeed the Christian Emperours have always modelled the Church after the fashion of the State or if you will the State after the Church because they were to depend of one supreame Power for as they had Bishops in every City whose bounds and extent was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Parish so had they a Defensor Civitatis and in every Province the Arch-bishop or Metropolitan was answerable to the Praeses or Proconsul and in every Diocesse the Primate or Patriarch was like the Lieutenant or Vicarius or Legatus To summe up all as the primum movens in the naturall body extendeth it selfe to all parts and functions of the body so the Soveraigne Power in a State hath an equall Jus Imperij in Ecclesiasticall and civill matters And as the sensitive and vitall parts are equally extended and circumscribed by the same limits so all the causes of what kind soever they be are bounded by the same supreame Power within the same limits of land as if on the North side Barwick is the bound of the civill Power of England so is it of the Ecclesiasticall But it may be demanded how the soveraigne Power may be said to have Jus Imperij in Divine Lawes I answer that properly the office of a Soveraigne Power is only ministeriall and in regard of God it is rather an administration then a power but in regard of men because it bindeth to obedience 't is a Power and Authority Now his Law is either just or unjust if unjust yet the obedience to it being not sinfull it must be obeyed as a Law in force for the strength of a Law doth not consist in that it is just but in this because 't is a Law ordained by him who hath Authority Now if this Law be just it must be obeyed for two reasons

constrained to obedience but as they were ratified by the seale or supreame will of the Soveraigne Magistrate who usually did call and dissolved them VII Although all power and jurisdiction in all things be annexed to the Soveraigne Magistrate by that we doe not meane to diminish any thing of the nature of the Empire and jurisdiction which the Lord Iesus Christ even in this world hath over his Church whose members he knoweth by name and which he doth governe by his Word and Spirit VIII But to beleeve that the body of those that make an externall profession of the true Religion must be governed by Lawes made by persons distinct in jurisdiction or legislation from that power which belongeth to the Soveraigne Magistrate t is a thing which cannot be found in the Scripture where we doe read that the Church and Kingdome of the Iewes were the same thing and that in the Synedrium all causes were decided and all kinds of persons convented IX These things being premised as afore t is not understood that the government by Presbyteries Synods Classes or even by Bishops must therefore be abolished but onely that all their jurisdiction is like a branch or rivolet streaming from the fountain of power residing in the Soveraign Magistrate X. Neither is it understood that the Magistrate ought to give orders or preach the Word although magistracy and ministry be things very consistent no more then to create Doctrors of physick or the like but onely that the power to exercise any profession or calling externally is conferred by him and cannot be done without him XI That the calling of Lay-Elders is not of necessary use in a Country where the Magistrate is of the same Religion with the body of the people it being more then reasonable that so much or more power be granted to the Orthodox Christian Magistrate then they yeeld to the Elders in France XII Now because some think it unfit that the ministers and the causes which they maintaine to be of their cognizance should in all things be subalterne to the Soveraign Magistrate the only expedient if we beleeve them to make the Church and State to be one Christian Common-wealth under one Soveraigne power were that the Rulers and Over-seers of the Church as Ministers and Elders should have also the Common-wealth committed to them in the manner as the Waldenses or Albigenses were governed for it seemeth that such Ministers would be contented that the Church and Common-wealth were one so that they might have the whole rule and Government but rather then to misse a share they become strong assertors of a distinct jurisdiction whereof they may appropriate one unto themselves Sic hisuperiorem illi parem non ferunt A Letter Examining the foregoing Positions Sir YOu sent me certaine articles touching the Ecclesiastical policy and thereupon are earnest to know my opinion the which I was long in debate whether I should deliver or no questioning whether the declaring of my sence in this matter be of any weight or moment but since by your last you presse it further upon me telling me that some persons of wisdome and gravity and in authority in the state are earnest to know my sence and opinion thereon I have at length given way to your importunity leaving to your discretion either the suppressing of this writing or making of it publike The two first articles do lay down for a foundation that all humane actions ought to be done in faith and referred to the soveraign end which is to glorifie God and to obtaine salvation and that the duty of the soveraign visible power is to declare unto the people the will of the great Legislator and that the laws of the said soveraign power ought to be conformable at least no way repugnant to the Law of God All this is just and honest and it were a sinne against piety to contradict it The second article saith that the soveraign Magistrate hath right to regulate all humane actions which are tending to that soveraign end and that he alone ought to sway and preside over all meanes Lawes offices places and persons appertaining to the said actions else if there were two supreme Magistrates one over the actions they call Ecclesiasticall and another over the civill a great deal of confusion would ensue And that heresies schismes and wars did arise for the most part from the Popes dividing the said actions challenging to themselves the regulating of one part of them leaving the other to the Emperour and Kings thus setting up Imperium in imperio I am of opinion that there cannot be in a well composed State and so doth the scripture teach us more then one soveraign power and that all persons of what quality and condition soever are subject to the soveraign Magistrate and that the Pastors of the Church cannot be excepted or exempted from that subjection their duty being to exhort and dispose the people to be faithfull and obedient to that power by Gods providence set over them and chalk them the way by their example 1. Iosh all the people the Levites and the Priests being comprised speak thus to Ioshua All that thou commandest us will we do and whithersoever thou sendest us we wil go 1 King 1. v. 33. David saith to Bethsheba Take with you the servants of your Lord. The context shewes that Zadok the high Priest was of the servants of the King 2. King 23. v. 4. And the King commanded Helkiah the high Priest and the Priests of the second order And there he chideth them for not obeying his command in repairing of the temple S. Paul doth appeal to Cesar acknowledging him his Iudge Consideration NOte that S. Paul appeales to Caesar as to the supreme competent Iudge not onely in relation to his private person and cause but the cause of the Gospel for the question was whether there was any crime in preaching the Gospel and the Apostles acknowledge the worst of the Emperours the supreme power and Iudge Had Festus not been a competent Iudge in Ecclesiasticall matters but onely in civill instead of saying I am judged for the hope c. that is for the resurrection of the dead the chief point of Christianity he would have said I am not to be judged before thee in these matters Letter THe same Apostle Rom. 13. enjoyneth that all persons be subject to the higher powers acknowledging the powers that have the present rule to be given of God that is such as by a speciall act of his providence have the soverain power in hand St. Pet. 1.2 v. 13. Submit your selves to every ordinance of man for the Lords sake and note that the Emperour to whom obedience is commanded to be rendred was a tyrant and a most wicked man Nebuchadnezzar had subdued Iudea and lead the Iews captives yet Ieremiah speakes thus to the remnant of the Iewes not yet transported Submit your neck under the yoak of the King of Babylon and serve him

Pastors or society of Christians get an increase of power of Jurisdiction and Legslation if they be a Law unto themselves and practise the duties of piety and exhort one another so to do Plinius the younger in the 97 Epistle to Trajan and the tenth book where he speaks of Christians saith that one of their crimes was that they joyned themselves in a covenant to live unblameably not to steal not to commit fornication not to defraud his neighbour and the like I believe that none will from that practise of the Christians argue that they took upon them more power for so doing then they durst under a Christian Magistrate except he were of the mind of some of late in Authority in England who disliked and endeavoured to suppresse all godly private meetings under pretence of Factions Sure if I mistake it not it will be found that the Pastors power of the Keyes had no life to compell the disobedient to Gods ordinances till they received it from the Soveraigne Magistrate when he gave his name to Christ who both more honoured and exalted Gods ordinances raising them from the dust and added weight to the heavenly messages by the mouth of the Ministers by being a terrour to the evil and punishing the ungodly To the power of persuasion and declaration he addeth that of coaction in which the Pastors have nothing to do The Bishop saith Saint Paul must not be a striker 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And hereupon Chrysostome saith well If a man is drawn from the faith the Priest must undertake with patience to exhort him for he cannot redresse him by force onely he must strive to perswade him to bring him to the right Faith Pastors saith the same Father are appointed to preach 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to rule or command with authority Letter HEre I dare say that the Reformers of the Doctrine of the Pope have not retained the Keys that were under Popery In reforming the Doctrine they have also reformed the abuses cleaving to the Keyes which are abominable for in the Romish Church they extend the power of the Keyes so farre as pardoning sinnes in a judiciall way saying to the sinner I absolve thee from thy sinnes The Priest renders himself Judge in a cause wherein God is the party offended By vertue of these Keyes the Pope drawes souls out of Purgatory he looseth those he never bound and which are none of his flock he doth loose under earth because Jesus Christ hath said what ever you shall bind on earth he doth loose and dispence with oaths and vows and freeth Subjects from the obedience due to their Soveraigne Prince he separates marriages exempting also children from the obedience they owe to their Father and Mother These holy men of God who have reformed the Doctrine have left off those Keyes and kept those which Jesus Christ hath given to his Disciples and their successors I will give thee the Keyes of the Kingdome of heaven it was also impossible to reform the Doctrine without reforming the Keyes since those Keyes are a part of the Doctrine they have retained to themselves the power to bind and loose which Jesus Christ gave to his Disciples Math. 16. Whatsoever thou shalt bind on earth c which power goeth no further then Ecclesiasticall censures as the Lord Jesus Christ teacheth in the same place giving to understand that by this binding the rebellious sinner is put among the Publicanes and sinners who were excluded from the Communion of the Church Thus we must understand the power of remitting or reteining sinnes given by Jesus Christ to his Disciples The faithfull Pastors do remit sinnes when they release men of Ecclesiacall penalties and receive to the Communion of the Church the repenting sinner who was excluded Consideration THe Reformers have done as Richard the third in usurping a power which yet he exercised with moderation and making of good Lawes so did Augustus Caesar and some more Thus the Reformers have reteyned the Keyes to which they had no more right then the Pastors of the Romish Church but have taken away those adjuncts of abuses and abominations adhering to the power of the Keyes In that sence as Richard the third may be said to have usurped the Crowne as well as he who to usurpation hath added a tyrannicall Government and making of wicked and unjust Lawes so may it be said that the Reformers in reforming the Doctrine have reteined the power of the Keyes the Article thus speaking having no further meaning then to say that the Reformers in reforming the Doctrine have still challenged to themselves an Ecclesiasticall Iurisdiction not belonging to the Civil Magistrate even as the Pastours of the Romish Church have donc though not the same for qualifications As for the meaning of the words dic Ecclesiae tell it unto the Church it cannot have much strength what ever interpretation one may give to the words whether by the word Church we understand a Synagogue or judicatory as was that of the Iewes amongst which there was no difference between Church and State or Common-wealth or a society of faithfull men and though by the Church Pastours should be understood I do not see here any Iudiciall sentence binding him that trespasseth against his neighbour but still he may if he will hearken without fear of any coercive power seated in the Ministers and the words Let him be to thee a heathen or a publican have no further meaning then have him for such a one in thy thoughts and estimation a Publicans office was lawfull neither yet could he be excluded from the communion nor from the congregation the very heathen not being excluded from the latter for how else could they have been converted Letter THE Reformers then in reforming the abuses in the Doctrine and Keyes have retained the Keyes and power to bind and unbind committed to them by Jesus Christ The Author of the Articles acknowledgeth that the Pastors of the Church have well done to retain that power under the heathen Emperors that is almost for the space of 350 yeares from Christ to Constantine the first Christian Emperour since which Emperour the said Author thinks that the Bishops and Pastors were to part with that Power and that the Soveraigne Power of the Keyes did no longer belong to them but that they were to desert it in obedience to God which yet they have not done for all the ancient Councels although convened by the will of the Emperours are full of penitentiall canons prescribing the forme time and degrees for publique pennances in the execution of which canons the consent of the Emperours nor of their Lieutenants was never expected Consideration WE have seen before that the power of the Ministers is neither increased nor diminished whether the Magistrate be Orthodox or no and that the power of the keyes given them by God hath more lively actings under the Orthodox Magistrate To that part of the Letter which saith that in

persons are subject to the Soveraigne Magistrate in whose hands God hath put the Sword and that he hath power over the lives and goods of the Pastours of the Church and may iustly punish them when they are perturbators of the publick peace and become obnoxious by their wicked lives that the duty of the Magistrate is to restrain them if they behave themselves tyrannically in the use of the Keyes and break the peace of the State Consideration THis alone is sufficient to evince that in a Christian Common-wealth there can be but one Soveraigne power over all persons causes and actions for it is absurd to conceive that the Supream Magistrate hath power over the person of the Minister and not over the actions and causes for which he may and must be punished by the said Magistrate and 't is no lesse absurd to conceive that the Magistrate may justly put to death a Minister or punish him with banishment yet may not have the power to degrade him it being a rule in philosophy that if the whole be in the power much more a part of the whole and if the same Supream Magistrate may justly degrade him who doubts but he may as justly challenge to himself the right of choosing him else which is all one as if he had chosen the Pastour himself he may put by not onely the said Pastour but so many one after another as are substituted by the power they call Ecclesiasticall till the Pastor chosen be according to his owne mind Letter ANd because it might fall out that in Nationall and Provincial Synods the overseers of Churches should transgresse the limits of their calling and meddle with civill affaires in which the Civill Magistrate is interessed it stands with reason that these Synods be not convened without the will and consent of the Soveraign the ancient Emperours have yet done more then that for in the universall Councils they have been present as Constantine in the Council of Nicaea and Marcian at the opening of the Chalcedoine Council or in their stead they have sent Earls Patrices or Consuls as we may see in the Acts of the Council of Chalcedoine and the II. Councill of Nicaea in the said Acts we see that the said Patrices and Earles abated the insolency of some Bishops and commanded them absolutely The title given them by the Councill was Gloriosissimi Iudices Consideration THis likewise proveth the necessity of one Soveraigne power over all persons meetings causes and actions Synods being assemblies of wise and learned Councellours to advise the Supream power in matters of Doctrine and Discipline as the Supream Magistrates power is to call them so to determine the members that are called to it as Marsilius Patavinus saith Generale concilium convocare personas ad hoc idoneas determinare pertinet ad Legislatoris authoritatem part 2. cap. 20. and not onely so he only doth preside and reserveth himself the facultie of approving disproving examining and rejecting what he thinks fit even after the Synod is broken up and their conclusions and Canons are ratified by him as the Ecclesiasti-Historie tells us Letter AS for decisions of points touching Doctrine of faith although the Emperours never iudged of these matters yet did they maintain their authority giving Judges to whom they commanded to decide the differences as Constantine did when the Donatists came to complain to him for he gave them some Bishops for Judges to whose Judgement they not yielding he called a Councill to pronounce a definitive sentence but these Judges which the Emperour gave to decide matter of Doctrine were alwayes Bishops and Ecclesiasticall persons by that means the Emperonr kept his authority over Bishops Consideration OBserve that not the Churches nor the Synods but the Emperour nameth the Judges The difference was betwixt the Donatists and other Bishops of Africa the Donatists with a great deale of submission besought the Emperor to give them Judges out of France The Emperour gave them 3 French and with them Miltiades Bishop of Rome 'T is here further to be observed that as the Letter saith the Donatists did not condescend to the determinations of the 4 Judges which is not to be understood as if they rejected the sentence of the Judges or of the Emperor as issued from incompetent Judges or appealed to a Synod for quite contrary they appealed to the Emperour who indeed thereupon called another Synod to compose the controversie which was about Caecilianus accused by the Donatists of many crimes and to have been unduly elected from that Synod in which they were condemned they appealed againe to the Emperor who for the second time called another Councill at Arles of which the Donatists not being satisfied that Caecilianus should be confirmed in his Sea of Carthage appealed the third time from the Councill to the Emperour who condemned the Donatists and banished them Neither were the Donatists ignorant that the decision of the Emperour should be the ultimate definitive judgment And the very Bishops did use to give account of what passed in Synods Thus Constantine called the Bishops convened at Tyr to him to give an account of what passed in the Assembly Among the Councils of France we read that the heads of the debates in Synods were referred ad sacratissimum judicium that is the counsell of the King or rather the King himselfe and that in the year 813. the addresses to Charles the Great doe refer the determinations of the Councell to be examined amended and confirmed by him and that by his wisedome he would vouchsafe to supply what had beene wanting on their part Letter IF the Soveraigne Counsill be minded to reserve to himself the decision of points of Doctrine and of all Ecclesiasticall affaires it were in that case needfull that the Councill should be composed partly of Pastors and Doctors and Ecclesiasticall persons skilled in these matters as it was practised in the Palatinate afore the late troubles which is confirmed by the example alledged by the Author of the Articles We find saith he that in the Common-wealth of the Jewes in one onely Synedrium all causes were decided and all kinds of persons might be convented In this Synedrium the Nasi was President who usually was the High Priest and most in it were Priests or Levites The same thing was practised in England before these late alterations there being a Soveraign Counsell called the High Commission in which the Arch-bishop was President to whom were joyned in Commission as Assessors some Counsellors at Law of the Country Consideration 'T Is sufficiently granted that though it be admitted that Ecclesiasticall and Civill causes are belonging to two distinct Jurisdictions yet they may confluere in unum and be made of two one under one single Soveraign Power That the Powers were not divided in the Common-wealth of the Jewes it may be easily gathered by the Story of the Jewes from Moses to the Captivity Moses himselfe was a Soveraigne Judge in all causes

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 LONDON Printed by G. Dawson for FRANCIS EGLESFIELD at the Marygold in Pauls Church-yard 1650. To the Right HONORABLE Bulstrode Whitelocke Esquire Rich. Keble Esq Sergeant at Law John Lisle Esquire Lords Commissioners for the Custody of the Great Seal of England My Lords I Pretend not by this Dedication to loosen any one link of the chains of Civilities and unmerited favors whereby I am bound unto your Lordships But rather finding my selfe insolvent as a stranger destitute of other Sureties I have taken the occasion to give publick suretyship of my profest beholdingnesse Besides this personall motive there was another reall for intending this discourse onely as a Hue and Cry after truth which the self interest of some hath lurched from the knowledge of other Christians I should wrong this same truth if I did not entitle your Lordships to her patronage who are upon all occasions her so zealous abettors Your known goodnesse requires I presume no Apologie for the incongruous addresse or composure of a stranger I pretend to truth and if she be not as shee ought to be I am sure my English is starke naked in which condition if you please to cast over her the mantle of your protection the stormy age wherein we live shall no more hinder her production then abate the zeal of Your Lordships most devoted Servant LEWIS du MOULIN To the Reader HAving occasionally made some Considerations upon the ensuing Letter which gave me in one place pag. 20. c. a faire insinuation to speak of the Allegeance due by Subiects to the present power by Gods providence set over them I was the more willing to insist a little upon it and particularly upon the late Engagement which being tendred me in Oxford by order of the State by whose favour I am a member of that University I frely acknowledge I was not so scrupulous as many of my brethren of the University were men otherwise of known piety and integrity but have subscribed unto it for which undergoing various censures by many who either are not yet perswaded to subscribe or are engaged otherwise and being not conscious to my self that herein I have done against my duty or disobeyed Gods word or been prepossessed with particular interest I thought my selfe obliged to give publickly an account from what Scripture reason and humane authority I have received satisfaction and encouragement to subscribe thereby hoping even from the most averse either to be pardoned or excused Errata Pag. 81. lin 24. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 107. l. 9 Acts read Arts. p. 110. l. 13. 14. read over few Bishops Positions concerning the Power of the Christian Magistrate in Church matters I. THat all humane actions Naturall or Voluntary even the most mechanick and servile so they be necessary and not sinfull must be done in faith and are to be referred to the Soveraign end which is to glorifie God by words and deede and to obtain the Summum bonum of men which is the love of God and union with him II. That the principall duty of the Soveraigne visible Power in regulating the actions of mens society is not to make new Lawes but to declare the will of the Grand Legislator even God in his Word for the right governing of that society according to his divine will making Lawes agreeable or not repugnant to it holding forth to the people for a soveraign Law that God must be rather obeyed then man III. That since the Soveraigne Power hath right to regulate all humane actions which doe tend to that Soveraigne end he alone must preside over all Orders Lawes Offices Places and Persons which have any reference to the said actions Else if two Supreame Magistrates were constituted sharing betwixt them the Supreame power the one being over certain actions they call Ecclesiastical the other over the Civill such a State cannot be conceived without a great deal of confusion Humane actions of what kinde soever they be having so neare affinity among themselves and being included one within another IV. That for the most part the causes of Heresies and Wars which have troubled the World came from the Popes dividing the said actions vindicating to themselves the regulating of one part of them leaving the ordering of the other to the Emperour and Kings and thus erecting Imperium in Imperio and not only so but by reason of the great affinity there is betwixt humane actions reducing almost all of them under his cognizance V. That the Reformers have indeed repurged the doctrin from Popery but still have kept to themselves the Soveraign cognizance of the actions which they call Ecclesiasticall assuming to themselvs the power of the Keyes which in truth is restrained to this sentence That God must be rather obeyed then man and therefore when the Magistrate was unwilling to have a hand in the Reformation or the exercise of the true Religion as in the primitive times or in France they have done well even without or against the liking of the Magistrate to make a body of Congregations giving it an order which they call purely Ecclesiasticall Likewise they did well to create Elders who are the Deputies of the people for otherwise the word could not have been preached the Sacraments administred and the soules saved But where the Soveraigne Magistrate is of the same Religion with the body of the people these words Ecclesiasticall Civill Spiritual Temporall Clerck and Lay ought to cease and with them the diversity of legislation and jurisdiction and under such a Magistrate the Common-wealth is a Christian Visible Church these words having but an accidentall difference but yet such as have caused a reall difference Now such distinction of words which parts things that should not be divided ceasing the originall of all order and power over all actions and things is seated on the Soveraigne visible power and doth extend to and over all kinds of persons none being exempted nor any thing excepted if it be not contrary to Gods commands In summe the Supream Magistrate is none other then the Minister of God for the good and salvation of those that are under government VI. These things being so and the Christian visible Church being an assembly of good bad which have need to be governed for their temporall and eternall good it is manifest that under other words it is the same thing with the words of Christian Common-wealths and that the legislatiō jurisdiction which the Soveraigne Magistrate hath over it is extended over all persons and causes and in all Assemblies Synods and Classes for even the conclusions and canons of the ancient Councels had no force which