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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

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

wrath sets the most contemptible amongst men and children for Kings even children in judgement over the people that they may depend more on the King of Heaven Yet the most part what they want in personall abilities to act of themselves they recompence in judgement and discretion about the choice of Counsellours many unlearned Fathers and unacquainted in the wayes of education of children will have a good sagacity in choosing able Tutours for their children In like manner the Soveraigne Magistrate may wisely order the course of Law Sciences Arts Trades Manufactures though he be litttle or nothing versed at all in any of them And if it were required that the Soveraigne power should be exactly conversant in all the actions they order there had need to be in a State so many Soveraigne powers as there be acts and disciplines and were they never so capable yet they will do wisely to choose able Counsellours much more in a matter of so high importance as is the deciding of controversies in Religion and ordering the actions belonging to the Kingdome of heaven ubi magna negotia magnis egent adjutoribus and amongst those Counsellours none will be so fit as Divines men of Learning Gravity and Piety Thus if the Soveraigne power goeth about to reform the abuses of severall Professions and Arts within his Dominions as for example of Physick no doubt but he will joyn with his Counsell the most skilfull of that Art But that the Pastours or Ministers are not the fittest to have a Supream Iurisdiction over persons and causes they call Ecclesiasticall reason and the sad experience of former times teacheth us for were they endowed with knowledge by Revelation and had Ecclesiasticall Assemblies compounded meerely of Divines a non-erring gift not communicable to any other Assemblies of men I should willingly and necessarily admit that Divines ought to be assisting the Christian Magistrate not onely as Counsellours but also as Iudges coequall to them yea Superiours in that Iurisdiction which they challenge to themselves but the gifts of Government being not inseparably joyned with those of preaching and the Ministers not being endowed with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or infallibility more then those that sit at the Stern of the State can be I do not see but that their proper place and employment is to be counsellours to the Soveraigne power in matters belonging to the Kingdome of heaven But being falne insensibly upon the rank and station that Ministers ought to keep in a Christian Common-wealth because it is a matter complicate with the question in hand concerning the pretended Ecclesiasticall Jurisdiction distinct from the Civil it will not be amisse to discusse which of the Governments either by Bishops or onely Presbyters is most consistent and compatible with the peace and safety of a Christian Protestant State If it be admitted on all sides that there is but one power of Legislation and Jurisdiction in all causes and over all persons belonging to the Supream Magistrate I conceive that then Bishops overseers set over many Congregations besides that they are more agreeable with the Primitive institution will much ease the Supream power of the care they must take in ordering persons and causes nearer concerning the Kingdome of heaven for his inspection being but over the Bishops Factions and Heresies will not so easily spread among the multitude of the Christian people as if he were immediately to overlook the actions of the great body of Presbyters who being numerous may easily escape his eyes and have a greater freedome to innovate Therefore Moses being Supream in all causes and over all persons It was a wise counsel of Jethro his father in Law to wish him to set under him men over the people who besides that they bore the burden with him those men being far lesse for number then the people it was easie for Moses to oversee them But under those Magistrates who should condescend to a divided and distinct Iurisdiction one being civill and exercised by themselves the other Ecclesiasticall and of Divine right belonging to the Ministers of the Gospell In that case I do conceive that few Bishops set over Presbyters and being Independent from any other power have a greater opportunity to Lord and tyrannize over the Christian people then a numerous company of Presbyters of the same rank and equall Authority can have Letter NOw for that the Author of the articles would have this distinction of civill and spiritual abolished 't is a thing very hard to change and alter the nature of things as if one would take away the distinction betwixt black and white Let men doe what they can and say what they will the questions about Faith will be still spirituall things and suites in Law for money or houses will be still civill and temporall matters If we change the words the nature of things cannot suffer alteration Consideration THe Magistrate is no more head of two things Church State then of thousand kinds of actions in a Christian Common-wealth which for every one of them needs not a particular Soveraign a Power Now these two things Christian Church and Common-wealth cannot be so much as conceived to have a reall being without each other for as every man is a reasonable creature and every reasonable creature a man so every Christian Common-wealth is a Church and every Christian Church a Common-wealth I speak of those Churches that have as large and spacious extent of place as the Common-wealth it selfe for in some other sence a family in a house is called a Church and according to that acception every Church should not be a Christian Common-wealth I think the Church is not different from the Christian Common-wealth more then the understanding is from the Soul for as powers and faculties are believed by great Philosophers not to be distinguished really from the Soul however though there should be a difference it cannot be so distinct as that the power can have a distinct being from the Soul but that at least all powers are subaltern and subordinate to the chief power called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which sits at the stern of all faculties and directs and modifies all actions though never so severall contributing as well to ratiocination and vision as to the coction and expulsion In the like manner that Soveraigne power in a State though one in essence hath its severall faculties or powers from which severall actions do stream tending to the ordering of the whole man in his being and well-being as well in things of the inward man as the outward And to follow he analogy between the body of man and the State it is no little illustration to beget belief that as the primum movens or Soveraigne power is one and extends it self as far as it is circumscribed by the cuticula or thin skin there being not one Soveraigne power for the head another for the lower regions and a third for the hands and feet So in

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