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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

is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction restored to the Crowne by which Crowne none will I thinke understand the lawfull Heires and Successours of the Crowne but him or them that are actually in possession of the Gouernment or which is all one by the Crowne is meant the Supreame Judicature of the Kingdom for the time being where the Crowne is placed and to which the Jurisdiction belongeth what ever Title the Supreame Power for the time being may have for sure unlawfull possession of a Crowne doth not exempt subjects from the same Allegiance that the most lawfull Soveraigne can challenge for even I should much doubt whether Subjects may call any Supremacy of Power unlawfull or whether a Supreame Governour is not a lawfull Governour however possession is the great condition required for the duty of Allegiance which in expresse termes is said Eliz. 10. 50. Cap. 1. to be due to Kings and Queenes Possessors of the Crown But still the Lawes made by Henry the 4th 5th and 6th were never the lesse valid and of no lesse force for being made by Kings called pretended In the Statute Edward 4.10 Cap. 1. where some of their Acts were continued others repealed which word repealed would not so much as have been used had not these statutes been enacted in a lawfull assembly of the three states And as the validity of the Lawes under the said pretended Kings were never questioned so neither were the subjects blamed yea rather justified for bearing fealty and allegeance to the said Kings of which we have a notable example in the eleventh of Henry the seventh cap. 1.1 where in an act the Parliament declareth as a thing unreasonable against Law and Conscience that the subjects going with their Soveraigne meaning such as Henry the 4.5.6 and Richard the 3. for the time being and attending upon his person or being in other places by his commands within the Land or without should in any thing forfeit for doing their true duty and service of allegeance But the main reason why the people in England have alwayes obeyed him who was in possession de facto was because they were not to oppose the usurper till he was so lawfully declared So that I conceive had the Turk conquered England though no man can be so much devested of his reason as not to judge of him as of an usurper by a judgement of discretion yet there being by Gods providence who disposeth of Kingdomes as he will not any judgement of authority left that can lawfully declare the Turk to be an usurper I conceive I say that every Subjects duty is to impose silence to his own judgement without murmuring and commune thus with his own heart that God hath left the Kingdome without recourse that hee may dispose of it to another upon Upon all these grounds of Scripture reason and authority it being manifest that all powers that have attained to the supreame dignity are ordained of God and are to be submitted unto it followeth undenyably that every souls duty is to engage to be true and faithfull to such a power and thereupon that their priviledge is to be freed from all other engagements made to other powers I mean in such things that salva fide are alterable as to be ruled by this or that Magistrate and to be under this or that Government 〈◊〉 former engagement of that nature how circumstantially soever expressed being able to dispence any man from his present duty or from this command Let every soul be subiect to the superiour powers which are ordained of God Besides that every promise or oath of fealty and homage to a supream power is a sinfull act and therefore better broken then kept If some condition be not implyed as included in it though not expressed as it may be made evident by the ensuing queries 1. Whether an English man transporting his estate and family into a remote countrey and being minded to return no more to England is not loosed from the ties of the oath of Allegeance 2. Whether the same man may not tie himself by another oath of fealty and faithfullnesse to the supream Magistrate of that countrey where his abode is though occasionally yea consequently this oath proveth repugnant to the oath of Allegeance 3. Whether a warre being kindled between England and the countrey of his abode he finding the wrong to be on Englands side he may not lawfully adhere rather to the later oath and wage warre against England in the behalf of those among whom he liveth 4. Whether in ease the supream Magistrate be expelled and a new government setled the same man not being guilty of his expulsion and remaining still in England there is not par ratio and the like freedome and exemption from former oaths made to the expulsed Magistrate with that exemption when the same man leaving England doth swear Allegeance to another supream Magistrate in forreigne parts where he purposeth to continue 5. Whether the same man having continued ten yeares as for example in Venetia afterwards making a journey into England and finding there a new face of Government whether he must resume his obligation and tye to the oath of allegeance from which he was loosed when he was subject to the Venetians 6. And since a man leaving England is not onely loosed from the obligation to the Oath of Allegiance but also it is free for him to bequeath his Allegiance to what Lord or Soveraign Magistrate he pleaseth whether it may not be indifferent to him for matter of tye of conscience either to swear fealty to Governours newly set up in England or to other Governours in forreign parts whether they be new to him or lately come by their Soveraignty 7. Whether a Tenant holding of a Liege Lord his obligation of fealty and of paying a penny rent do not cease as to the person though not to the thing so long at least as the Lord is out of possession or that I may better english such a querie whether a freeman doing homage to his Lord of whom he holdeth in chief or otherwise swearing to become his man from this day forth for life member c. and to owe him his faith for the Lands he holdeth of him whether the said oath of homage is not conditionall viz. so long as his Lord hath possession of the Land held by the Farmer 8. Whether in those relations that are accidentall as those between King and Subjects Master and servant the promise as for example of the servant to be as long as he liveth faithfull and obedient to his Master doth not imply many conditions which not continuing do take away the obligation such are the Master decaying in his fortunes and the Servant bettering of his the Master turning out the Servant or being taken away from him 9. Yea whether without violation of faith and bonds which are between the Master and the Servant the relation may

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