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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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against the common enemy and for keeping communion as of saints so of churches that those church judicatories were set up not for conscience sake or in obedience to any prescript of Christ but for orders sake as the reverend man wrote to me but a few weeks before he died CHAPTER XXIII The consistency of the right and power of private churches with the mag●strates power in ordering publick worship proved by the example of the Iewes that they had through all the land particular convocations synagogues or churches called also colledges or schools where the Prophets sons of the Prophets taught especially on the sabbath-day that they were independent from any church-judicatory How synagogues were altered from their first institution and that being converted into Christian churches they retained the same right power and way of government THe most convincing proof for the consistency of the right and power of particular churches with the magistrates power in ordering settling and commanding the publick Divine worship of the Nation is the example of the Commonwealth of the Jewes wherein we are informed of three main things which taken into consideration will clear all doubts about the right and power of particular churches and the magistrates jurisdiction in matters of religion and publick worship 1. That in the Commonwealth of Israel at their first institution there were particular churches throughout all the land near every families dwelling-place called synagogues 2. That these churches were independent both from any of their own of the Priests or Levites judicatories 3. That the while the magistrates power and jurisdiction remained whose entire and undivided over all persons and in all causes and matters particularly in ordering settling and commanding the publick nationall worship of God For the first that such churches were instituted in the land of Canaan we have a very expresse proof Leviticus 23. v. 1 2 and 3. Speak unto the children of Israel c. six dayes shall work be done but the seventh day is the sabbath of rest an holy convocation ye shall do no work therein it is the sabbath of the Lord in all your habitations 1. We have here a convocation and an holy one every sabbath 2. near every families dwelling place at that distance which is called in the Gospell a sabbath-days journey and to travell a sabbath-days journey was equivalent to go as far as the house of convocation which was esteemed a fulfilling of the command Exod. 16. v. 29. abide every man in his place let no man go out of his place on the seventh day For he that went no further then the place of convocation or meeting to attend on the ordinances where they use to tarry from morning to evening obeyed that command let no man go out of his place on the seventh day For how could they keep a sabbath-day holy without an holy convocation and how could that be frequented and they not stir from their own place except by not going out of his place be meant not going any whither but to the place of convocation For they could not keep the sabbath without a holy convocation kept near every ones dwelling Now that this convocation cannot be meant of nationall and festivall meetings is evident for those were appointed but thrice in the year and far from every ones dwelling-place and after the building of the Temple they were celebrated either before the Tabernacle or in the fore-court of the Temple Now had they been bound to repair to Jerusalem every sabbath-day it would have been against the command not to stir from their own places on that day These convocations or synagogues were particular churches assembled in a temple or house called also schools or colledges where Prophets and their sons or scholars dwelt and taught daily but on the sabbath-day they had a more solemn meeting of all those that dwelt near for prayer expounding of the law exhortations conferences the main action being performed by the Rabbies yet the disciples were not silent but sate at their feet asking questions and hearing their answers and resolutions sometimes a new comer in might interpose as we see in the example of Jesus Christ Luke the fourth who being unknown had the priviledge to expound the Scripture and to ask questions and give answers so had St. Paul as we read in the Acts of the Apostles chap. 13 v 15. But to speak more particularly of the place the teachers and the matter and form of worship in those places of meeting or synagogues I say first one may trace the place in the old and new Testament In the 26. Psalm David saith he will blesse the Lord in the congregations and Psal 68. v. 26. blesse ye God in the congregation which doubtlesse ought to be understood of those convocations in temples which are called synagogues Psal 74. v. 8. they have burnt up all the synagogues of God in the land Which texts make it good that such places for an holy convocation were erected through all the land Calvin upon the place saith that the people met in syngogues every sabbath-day to read and expound the Prophets and call upon God by prayer The 29. Psalme v. 9. doth not obscurely mention them for the Psalmist relates that while the works of God sounded by haile rain and thunder the faithfull not only under a shelter of stones and timber but of Gods gracious providence and protection did attend the service of God Of this House and Temple David also speaketh Psal 87. v. 2. The Lord loveth the gates of Sion more then all the dwellings or tents of Iacob The sense of which words paraphrastically I think to be this although God graced with his blessing and presence those convocations which at first were kept under tents in the wildernesse yet he is much more taken with that glorious manifestation of his between the cherubins whereby God setteth out the Lord Jesus Christ Also Salomon Ecclesiastes 5. v. 1. and 2. speaketh of these houses or meetings when he warneth men to be more ready to hear then to speak in the house of God intimating that there was a freedome for the faithfull in those convocations and synagogues more then one to speak and besides that there were no other sacrifices performed in them but those of preaching praying and thanksgiving This house of convocation was also a place to train up disciples called the sons of the Prophets which were indifferently of all tribes and therefore by the way the ministers of the Gospell that do not succeed the Priests and Levites but those Prophets who had neither ordination nor jurisdiction cannot pretend other call or power then such as these sons of the Prophets had So then these house or places for convocation were also colledges and schools and therefore Philo in the life of Moses calleth them both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 houses of prayer and of learning of which you have mention 2 Kings 6. v. 1. where
for expressely all kinds of debates about matters criminall not criminall were to be judged by them jointly So then the elders of the Jewish church cannot be a fit parallel with the elders of the church of the new Testament since the elders under the old Testament were judges even in capitall causes but under the new they were not besides that the elders under the old Testament were to make but one councell one judicatorie with the Commonwealth with the Judges and Princes of the land but neither the Rev. Assembly nor M. Gillespie will allow the elders of the new Testament to have any thing to do to sit as church-officers with the judges of the land and to decide causes betwixt blood and blood 3. But the eleventh verse concerning Amariah the chief Priest appointed to be over all matters of the Lord and Zebadiah for the Kings businesses doth further clear that there was no such thing amongst the Jewes as a government distinct from that of the magistrate though many cry here 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if it were a strong place for a distinct and double jurisdiction for it is plain here that Amariah the chief Priest was appointed to be as Mr. Gillespie confesseth p. 146. the Nasi or Prince of the Sanedrim and chief ruler of the Senate whereof mention is made in the 8. verse and which was made up of Priests Levites and the elders of the people of Israel and judged of such causes and matters as usually a high court of Parliament do This Amariah in that place of chief-presidency in the Senate is said to be over all matters of the Lord because as all manner of lawes constitutions and ordinances were all from God the author and latour and from Moses under God the giver of them all so every matter or businesse concerning any of those lawes violated and broken or that needeth further explanation by reason of the infinity of cases and the seeming contradictions between one law and another was truely and properly called the matter of the Lord and was debated in the Senate for no doubt all causes about ceremoniall lawes and judgements concerning degrees of marriages inheritances and such like were as well matter of the Lord as the judgement of leprosy sacrifices and the like In that Senate which debated such matters of the Lord was Amariah Mr. Speaker Mr. G●…spie acknowledgeth that he was the ruler and judge of the people for thus he speaketh p. 140. that the high Priest was a ruler of the people as well as of the Priests and Levites is man fest from Act. 23. v. 5. where Paul applyeth to the high Priest that law Thou shalt not speak evil of the ruler of thy people Thus M● Gillespie pleadeth for us with as strong arguments as we could ever produce for our selves viz. 1. that the jurisdiction of the high Priest as such was not distinct from that of the magistrate neither before nor since Christs time 2. that his jurisdiction was not annexed to the Priestly office but to the office of a judge and ●uler of the land 3. that he judged of the matters of the Lord as judge ruler and Prince of the Senate and not as a high Priest 4. that there being not two Senates as Mr. Gillespie acknowledgeth in Christs time nor before his time one ecclesiasticall another civil that one S●nate that was standing could not properly be called either ecclesiasticall or civil ●ut the magistrates Senate endowed with one and that externall jurisdiction in all causes and matters and over all persons 4. Now for Zebadiah the case is clear that he was appointed either Steward or Mr. Controller it may be chamberlain of the Kings houshold or rather a principall minister not of State but set over his familie lands armies moneys jewels c. 5. This alone that Iehosaphat appointed both Amariah and Zebadiah to be chief magistrates and rulers one over the matters of God the other of the King evinceth that all jurisdiction was united in the King depended on him and was subordinate to him For it is plain out of Iosephus lib. 9. cap. 1. that these two magistrates Amariah and Zebadiah and the setting of them over the matter of God and the businesse of the King was an act of sovereign jurisdiction or of magistracy summos magistratus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex amicorum numero praeposuit 6. The matter judged in that Sanedrim where Amariah was Speaker argueth that it was no ecclesiasticall court Mr. Gillespie understandeth betwixt blood and blood not of capitall offences but concerning forbidden degrees of marriages Which though it were he must prove that matrimoniall causes belonged to the cognizance not of civil but of ecclesiasticall tribunals which no man will ever be able to prove 7. To take away all doubt but that Amariah was appointed the chief ruler of the people of God under the King in all matters that concerned the lawes given by God to his people of whatever nature they were and Zebadiah Governour under the King of the Kings house and affairs there is a pregnant place 1 Chronic. 26. vers 30. and 32. For in the 30. verse Hashabiah and his brethren even one thousand and seven hundred officers on this side Iordan westward are said to be set over the businesse of the Lord and the service of the King and 〈◊〉 the 32. it is said that David made ruiers over the Reubenites the Gadites and the half tribe of Manasseh for every matter pertaining to God and the affairs of the King First here we see neither Priests nor Levites but men of other tribes set promiscuously over both the matter of the Lord and the affairs of the King 2. Who seeth not that the matter of God is the matter of the Commonwealth even all judgements lawes constitutions appointed by God by which the people of God were judged and righted and that the affairs of the King were those that pertain to the Kings demeasnes rents armie c. 3. And who seeth not that all the affairs and all the matters that needed to be ordered and regulated in those places and tribes are divided into two classes viz. into the matter of God or the people of God and the affairs that respected the Kings own businesse and service 4. What absurdity then would it be to imagine that the affairs of the King were civil businesses judged and handled by secular men and the matter of God ecclesiasticall causes judged by ecclesiasticall men in an ecclesiasticall judicatory For even admitting Mr. Gillespies sense why should not the affairs of the church be the affairs of the King since he was set by God and appointed to reform it and why should not the affairs of the Commonwealth be the affairs of God 8. Mr. Gillespie p. 14. is of another mind then he meaneth to be p. 140. whence we have quoted him for us for in the 14. page he approveth that the reverend and learned assembly of
respect the pastor others the fellow-members Those that respect the pastor or pastors are to maintain observe respect and honour them first for their callings sake looking upon them as Ambassadours from Christ and then for their work and the word that they bear to receive their commands as commands of Christ and yet not with a blind obedience but first being perswaded and convinced yea judging them by the judgement of spirituall men and by a judgement of discretion and approbation proving the pastors doctrine though it came out of another St. Pauls mouth The acts and duties of church-members as such one towards another are to love edifie forbear and submit one to another But a main act of a church-member as such is not to submit his own reason to the number of his fellow-members in assenting to or dissenting from such a doctrine act or law made by them but to the weight and to what he by his reason inlightened by the word conceiveth to be most good true just and reasonable yet for conformity sake and mutuall edification yielding as far as he may The acts of the power of the church by a naturall divine politick civil right not as they are Christians or church-members but as they are a society of men endowed with humane prudence freedom of body and mind and have discretion as to govern themselves and their private families so to contribute their advice and help towards the government of any society of men whereof they are members these acts I say are common to all other societies as to a company a hall a corporation a colledge or school these acts are to do all things orderly to chuse their own church-officers that orders made by the major part of the society shall oblige the minor dissenting part to chuse time and place of meeting to admit or reject such officers or members as the major part of the members shall think fit that each member shall stand to any order of the discipline once consented unto by him till the order be reversed by the consent of the major part All these acts are to be guided not only by the light of reason and common prudence but chiefly by that measure of light of grace or faith that God hath imparted to every church-member which light being not known but to him that hath received it and the springs and motives which induce each member of a church-society rather to be of this then of that judgement in ordering and governing the society being unknown to the universality of the society therefore church-members are to be governed as the members of any other society by the dictate of men as men and not as Christians submitting either actively or passively to an order and law because it is an order and law not because it is good and reasonable It is better in such things as they say that a mischief should happen then an inconvenience for if one member though alone in the right should dissent from the rest of his fellow-members no man but will judge that it is much better that this one dissenting member should submit to that which is wrong either by acting or suffering then that all proceedings for order and discipline should be stayed Were no law valid but to him that thinketh it so the world would be in a strange confusion So then an assembly of Christians being a society of men and a Christian having the face like a lawyer a physitian or a merchant and nothing being seen but the out-side they must be all governed by the same dictate which appeareth prima fronte to be reason to a man considered as a man and not as he is a Christian lawyer or physitian And as Dionysius governed his Kingdom and school by the same dictates of reason so must a society of merchants a colledge of physitians a family and so a society of Christians Of these two kinds of acts as every society hath one proper to it self as it is a society of merchants physitians lawyers Christians so one kind of these acts is common to all as they are equally a society of men that must have a government and magistracy set up within themselves and so must a society of Christians meeting about the worship of God have But to make it evident that all church-acts are not acts of men as church-members but as members of a society and not as Christians but as invested with magistracy either assumed by a confederate discipline or delegated I might instance the like necessity of two kinds of acts in all societies of men that can be imagined not considered as Christians For example these two kinds of acts will be found in a colledge of physitians who as physitians joyn in consultation upon a case propounded to them send bills to their apothecaries examine and judge of the worth of those that are candidates or have license to practise physick discourse of their art either asunder or in a body as in a consultation but as a society of men invested with jurisdiction and magistracy they chuse a president censors and officers they make choise of time and place to sit they do all things orderly they admit or expell members they give authority and license to practise physick they bind themselves to stand to those orders that are made by the major part of their fellows which act is no act of physitians as physitians but a dictate of any other society who usually take that for a law of the society that hath passed by the major part of their members By this by the way we see what plea synods except they be infallible as the synod of the Apostles was can have for making decrees and canons by an ecclesiasticall jurisdiction it being in truth no other then what is assumed by all societies whose orders do passe for lawes as to themselves if made by the major part of their members But some of our brethren will interpose and say that if the Lord Jesus Christ hath appointed a set rule for governing of particular churches as some of them are of opinion and this rule be not arbitrary nor left to the dictate of mens common reason prudence then it followeth that those acts for taking care that those set rules of Christ for government be according to the mind of Christ are duties of church-members as such and not as members of a society To this I answer were it so that the Lord Jesus Christ had appointed an exact and expresse rule for government in particular churches I confess that those acts to see the mind of Christ fulfilled are acts of church-members as such so far as both pastor and members do act in obedience to God and not unto men not by constraint but willingly for so the preaching and hearing of the word are to be performed by church-members as such but these same acts specially about government as far as they are commanded and imposed and require externall obedience and that the