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

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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
Consideration I Shall take liberty to digresse a little upon that passage of Ieremy which doth not onely justifie but command submission to the power which by Gods providence is set over us for lo here the Israelits spoiled of their goods and lands driven from their habitations and enthraled in grievous bondage are commanded to pray for the prosperity of their oppressour and for a quiet government over them as if their peace had been included in his for as saith Calvin in the 4. book of his Institut ch 20. § 28. when God hath exalted a new power he doth declare that it is his pleasure he should have the power and sway Detuli Nebuchadnesar regnum saith God 2 Dan. v. 37. God hath given thee kingdomes and power See Calvin in the quoted place who is much insisting upon the words of the Apostle Rom. 13.1 Submit your selves to the superior powers whereby 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some would not have the unlawfull powers but onely the lawfull understood which though it were granted the text will very well bear this sence that when God hath exalted some in authority his will is that his power should be held for a lawfull power but the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is for the most part taken generally for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whether lawfull or usurped We read in Steven out of Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to steal where none will say that that power of stealing is a lawfull power Thus in the 1 to the Colossians St. Paul saying That God hath delivered us from the power of darknes that power being likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can no more be said to be good and lawfull then the translation to Christs Kingdome spoken in the following words be said to be bad or unlawfull And according to the best sence you can give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the said Steven well observes 't is but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as Cicero defines Potestas vivendi ut velis a power to live as you list Now if the potestas spoken of by the Apostle be a priviledge or power to rule as the Supreame Magistrate listeth I conceive that this faculty or priviledge is as well or rather proper to Tyrannicall Governments as most of them were in the time of St. Paul both in the meanes to attaine to the Supreame Magistracie and in the exercise of it that is as well in the adeption as in the fruition But Calvin both in the said place and most expresly upon the 13 to the Romanes expounds the Supream Power that power which by Gods providence permission or approbation is set over men yea that power which hath gotten the upper hand by intrusion These be his words Hoc verbo videtur Apostolus tollere frivolam hominum curiositatem qui saepe solent inquirere quo jure adepti fuerint potestatem qui rerum potiuntur satis autem nobis esse debet quod praesunt non enim conscenderunt sua ipsi virtute sed manu dei sunt impositi By that word the Apostle seemeth to take off the frivolous curiosity of men who are wont often to enquire how and by what right have those in Supreame Authority come by their Power It ought to suffice us that they Governe and that they have not ascended by their owne vertue but are set over and appointed by God Learned Deodati giveth the same interpretation All those that attaine to dignity doe so either by his manifest will and approbation Now it is fitting that men should approve and tolerate that which God approves and tolerates which sence and words of Deodati have so much the more weight for being approved and in the same words upon the matter transferred by the Reverend Divines of the Assembly in England into their Exposition and Comment upon the place Ordained of God or ordered that is instituted of God among mankind to rule and govern men in order as in Gods stead for God is the author of this order in the World And all those which attaine unto this dignity or excellency doe attaine unto it either by his manifest will and approbation when the means are just and lawfull or else by his secret providence with permission and toleration where the means are unlawfull And it is just and equall that men should approve and tolerate that which God himselfe approves and tolerates which cannot by any lawfull meanes appointed by him decline and avoyd All therefore who resist Authority make war after a sort with God himselfe But this acception of power in St. Paul only for a lawfull one is attended with unavoydable inconveniences that I may not say absurdities for first who shall be judge what power is lawfull shall all joyntly or every particular man under a power be judge whether that power over them is lawfull which is to seat the Superior Power no where and to erect a Tribunall within every particular Dominion distinct from that of the Supreame Magistrate which shall judge of the right they came by to their Superiority Secondly since this lawfulnesse is as well in the adeption as in the fruition or the exercise of the Supreame Power it shall be presently lawfull for Subjects who are to judge of both to resist the Supream Magistrate not onely because he is an Usurper but also for governing tyrannically to which government if we beleeve the new Expositors of St. Pauls meaning the Apostle forbiddeth to submit and even to pay tribute for whereas he commandeth to pay tribute to whom tribute belongeth when the subject shall judge that submission is not in conscience and in obedience to Gods Word due unto such a Magistrate he must by the same tye of conscience deny to pay him tribute and suffer his house rather to be forcibly entred and his truncks to be broke open then to pay it with his own hands lest his will should seeme any way to concurre in the doing of a sinfull thing as is to pay tribute to whom it doth not belong But which is much materiall it hath been often seen that Subjects have refused to obey the commands of the Supreame Magistrate opposing by resistance of Armes the unjust managing of the power but seldome or never so much as questioning the Title of the Supream Power or Magistrate but yeelding Fealty or Homage to him that had possession de facto though not de jure which hath beene alwayes practised in England under all the Kings since the Conquest who although for the greatest part they had no just title to the Crown yet to avoyd confusion and the itching humour of people questioning the validity of Lawes and Law-givers the Law hath alwayes provided that Allegiance should be given him to whom the Imperiall Crowne of these Realmes shall descend by which Imperiall Crowne the Person is not principally meant but the Realme no man owing other Allegiance but such as is yeelded in and for the defence of the Realme This