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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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viz. first for conscience sake and for wrath that is the tye of every Christian in all the commands of the Magistrate is to obey God and doe whatsoever just and honest thing lies in ones power then for feare of punishment for any precept though morall and never so just although it bindes the conscience yet 't is no Law binding to obedience in foro humano till it be reduced into a Law by the Legislative Power of the Soveraigne Magistrate for even the supream power though Christian and godly cannot punish a theife for transgressing the commandement Thou shalt not steale except this Law be also a Law of the State But againe it may be demanded what authority and power doe you entitle on the Ministers of the Gospel to whom the Scripture committeth the power of the Keyes and giveth high Titles Names and Eloges I answer that still they have the highest honour in the world even higher then the Magistrates and Kings higher then Judges for all men shall be judged by their Gospel they are Ambassadours from Christ to earthly powers as the Kingdom committed to them is not of this world so their weapons are not earthy but spirituall and sharper then any two edged sword they condemn when they doe denounce the judgments of God to impenitent sinners they pardon declaring the mercies of God to penitent and mourning sinners they rebuke all kinds of men teach exhort admonish and have a kind of power and authoritie binding as much or more to obedience then the commands of the Soveraigne Magistrate for a man once convinced by the preaching of the word the word of of the Minister apprehended to be the truth of God or a command from God will be like the Intellect which being enlightened doth more powerfully work upon the will to act then when it is compelled by an externall agent and even civilly the respect one hath to an Artist binds in a manner to follow his prescriptions 'T is no marvell then if Theodosius being rebuked sharply by Ambros yielded to a censure rather coming from God which he was willing to undergo being conscious of his sinfulnesse and deserts then that it proceeded from a man endowed with a coercive power of excommunication to which not to yield had been a rebellion against God as Christ alone is the true spirituall Legislatour so he alone doth either withold or remit sinnes Solus saith Hilarius the Deacon peccata dimittit qui solus pro peccatis nostris mortuus est and the words of Lombard are very expresse to shew the extent of the power of the Keyes Sacerdotibus tribuit Deus potestatem solvendi ligandi id est ostendendi homines solutos vel ligatos God giveth the Priests power to loose and bind that is to make known they are either tied or loosed li. 4. dis 18. Saint Hierome upon the 26. of Matth. teacheth us what this potestas Clavium is as the Priest makes the Leprous either clean or unclean so doth the Bishop or Priest bind or unbind and saint Cyprian lib. de lapsis and other where saith that by the preaching of Ministers men receive not forgivenes of sins but are brought by it to be converted by getting a Knowledge of their sins And saint Augustine in many places saith that the Minister is some body in the administring of the Sacraments and dispensing the word but no body for the Iustification of a sinner and for working inwardly except he that made man worketh in the man Were the nature of Christs Kingdome well understood I suppose that the power of the Keyes would be easily stated I mean that Kingdome and power by which Christ worketh by his word and spirit upon the spirits of men inclining them to do his will by perswading and not constraining them by any coercive power delegated to the Apostles and their successors in the Ministery Christ himself saith he is not come into the world to Iudge the world but that the world should be saved by his preaching And the comparing of Christs Kingdome to a grain of Mustard seed and to leaven hid in the dough sheweth manifestly that this Kingdome is propagated by secret perswasions and workings and not by a Iudiciall external power seated in the Ministers constraining to obededience upon bodily or pecuniary penalties Were the visible Kingdome of Christ a different Kingdome from that of the Christian Magistrate we should read in the Gospel of some Lawes besides those about the sacraments for the regulating of the said Kingdome The precepts to believe to repent and to be baptised are no such Lawes that for the non-performance of them men should incurre punition or damnation for the not obeying of the Evangelicall precepts is an argument that the wrath of God is upon the transgressors and not an effect following upon the transgression He that doth not believe in Christ is condemned already man refusing to accept of the remedy in the Gospel is left to his former miserable estate and the Law onely takes hold of him Now this Law denouncing both temporall eternal punishment to the transgressors it is evident that the power to judge in the world according to that Law in ordering all causes and punishing all kinds of persons transgressing doth belong only to one Soveraigne power subaltern not to Christ as the Soveraigne Preacher and Mediatour but as God in Trinity and Trinity in unity or as God Creatour and Supream Governour over all causes persons estates and conditions temporall or eternall Letter A Midst all these difficulties it will be a work pleasing to God to find a mean to keep the caling of the Ministery of the Gospell in the posture and condition as it was established by Jesus Christ without any abating and diminishing of the dignity and power of the Soveraigne Magistrate and I believe that just and easie means may be found out Consideration THere is but one means which is that of Queene Elisabeth King James and of Hooker in his book of Ecclesiasticall polity wherein under the words of Royall power Crown and dignity he teacheth us that all power and Iurisdiction Ecclesiasticall is derived from the Supream power of England and is upholden and defended by him The words of the Act Elizab. 1. cap. 1. are very expresse omitting nothing which can be of Pastours and Synods cognizance which be not mentioned to be of the Iurisdiction of the Supream Magistrate All Ecclesiasticall and spirituall Jurisdiction is annexed to the Crown to visit reform redresse order correct and amend all such heresies schismes abuses offences contempts and enormities whatsoever which by any manner spirituall or Ecclesiasticall power authority or Jurisdiction can or may be lawfully reformed In the same statute it is enacted and ordained that no opinion shall be judged or determined to be heresie but by the high Court of Parliament of the Realm Letter WE have already laid down for a firme and constant ground and ordained by God that all Ecclesiasticall
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