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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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not trouble the reader with many quotations Yet to shew that this is no new doctrine I might produce some famous Romish authors who thought no lesse in the darkest times of ignorance for so Claude Fauchet hath left written a famous Historian and a Papist in his book of the liberties of the Gallicane church who out of Gregorie of Tours and the practise of his time proveth that the Kings of France were reputed heads of the church a title which many 100. years after was much found fault with in the Kings of England by the Romanists yea by some reformers He concludes his discourse thus which sheweth that the Bishops of that time did hold the King assisted by his counsell of State to be under God head on earth of the church in his Kingdom and not the Pope whom if they had looked on as the head they would have sent unto him the conclusion of the councill of Orleans and not to King Clovis So speaketh the author of the Review of the councill of Trent lib. 6. cap. 5. The ecclesiasticks in France do not hold their ecclesiastick jurisdiction from the Pope but from the King though the Iesuits teach otherwise CHAPTER VII The strength of Mr. Gillespies reasons to disprove that the magistrate is not chief governour of the church under Christ examined ALl that I have said doth sufficiently overthrow what Mr. Gillespie alledgeth for a double jurisdiction and against the magistrates being the chief governour of the church under Christ To make good that in a hundred places he doth much under value the magistrates power in sacred things namely p. 187. that the magistrate though Christian and godly doth not exnatura rei and in regard of his particular vocation intend the glory of Iesus Christ as mediator and King of the church In the next page The glory of Iesus Christ as mediatour and King of the church is not the end of magistracy And in the same page he saith that the end of magistracy is not godlinesse honesty but peace and quietnesse Pag. 235. he saith the magistrate is not to rule in the name of Christ Pag. 250. he saith the magistrate of England is not a member of the church as a magistrate but as a Christian In the 294. page the civil magistrate is Gods viceregent not Christs and ibid. If the magistrate be supreme head and governour of the church under Christ then the ministers of the church are the magistrates ministers as well as Christs and must act in the magistrates name and as subordinate to him and the magistrate shall be Christs minister and act in Christs name By all this he declareth his opinion more then he proveth it But to elude whatever strength this carries I further adde that God maketh use of two main instruments to promote and advance the Kingdom of Christ as mediatour 1. The first is the sacred function wholly set a part by God to preach the glad tidings of God reconciled to the world which function was first laid on Christ and then on the Apostles and the ministers of the Gospell who are embassadors and messengers of from Christ In this function there is no jurisdiction annexed but what the spirit in the word hath upon mens hearts for their conviction and conversion In the exercise of this function there is no law made by him that bears it but the law of the spirit no censure inflicted but on such as either willingly and not by constraint undergo it and chose whether they will or no or when it pleaseth God in judgement to afflict the despisers of Gods ministers ordinances This function I grant is not exercised in the magistrates name but Christs nor is it subordinate to him 2. The second thing servient if I may so speak and subservient to the promoting of the Kingdom of Christ is the magistrate and magistracy in as much as which I said before it cannot be that ministers and people assemble synods be called an outward government settled lawes published good men rewarded bad men punished heresies and hereticks rejected ministers maintained union preserved except ministers people synods be invested with a power of magistrate and magistracy These two as I suppose being undeniably true all Mr. Gillespies assertions above-mentioned will be found built upon the sand The magistrate having not the sacred function on him is no minister nor ambassadour of and from Christ neither doth the inward operative jurisdiction annexed to the sacred function arise from magistracy ex natura rei In that regard the minister preaching the Gospell and exercising his pastorall function is not the magistrates minister but Christs But as magistracy is the second necessary instrument which God employeth to promote the Kingdom of his Son in the world and for as much as it cannot be so much as imagined that magistracy is inherent in all pastors and assemblies of churches and synods no doubt but the ministers in that consideration may be called the magistrates ministers as both in the same respect are Christs ministers If Christs Kingdom cannot be nor ever was promoted without magistracy actually present and acting then the magistrate is a main minister of Christ in those acts Reverend and learned Mr. Lightfoot in his Harmony of the New Testament upon the 1 Cor. 5. clearly evinceth that church-officers cannot be so much as conceived to govern the churches without magistracy either assumed or delegated for having told us that every synagogue of the Jewes had magistracy within their own body judging betwixt party and party in matters of money Health damage yea inflicting corporall punishments he addeth all things well considered it may not be so monstrons as it seems to some to say it might very well be so in those times of Christian congregations for since as it might be shewed Christ and his Apostles in platforming the modell of Christian churches in those times did keep very close to the platform of synagogues and since the Romans in those times made no difference betwixt Iewes Iudaizing and Iewes that were turned Christians for as yet there was no persecution raised against Christianity why might not Christian congregations have and exercise their double function of ministry and magistracy in them as well as the Iewish synagogues and if that much controverted place 1 Tim. 5. 17. should be interpreted according to such a rule it were neither irrationall nor improbable Here by the way one may see that in synagogues there were severall functions but one Imperium and jurisdiction which was that of magistracy 2. that the churches of Christians were modelled according to Iewish synagogues 3. that every church had both ministery and magistracy By this likewise down goeth what he saith that the magistrate though Christian and godly doth not in regard of his particular vocation intend the glory of Jesus Christ as mediatour and King of the church The main end as well as duty of magistracy is the care of religion and so of
the sentence before he causeth it to be executed 3. that the magistrate having both the last judgement of approbation and of that they call imperative or command to yield obedience to the declarations and sentences of synods or consistories it is plain he is the soveraign judge of all ecclesiasticall judgements sentences and debates and that they are but counsells and advices till the magistrate approveth of them and commandeth them This single passage of Mr. Gillespie graunted unto him might serve for an answer to all his book would overthrow all ecclesiasticall jurisdiction And indeed all the controversie lieth in the narrow compasse of these few lines of his the matter of which by right should have been the main subject and bulk of his book and not have been so slightly passed over for this is the very hinge on which Gualterus and Maccovius conceive that the whole controversie betwixt Erastus and his opposites hung and which as it is stated by Maccovius will give a bone to pick till doomsday to the assertors of an ecclesiasticall jurisdiction it is a Gordian knot which they will never disintangle but by cutting of it the truth of it being so undeniable that it was never answered by Walaeus Apollinus Triglandius nor by Mr. Gillespie who indeed in this paragraph alledgeth the substance of Maccovius positions but doth not answer them to any purpose The three positions of Maccovius are brought by severall in various terms but all to the same purpose and are these 1. It is the duty of the magistrate to look and take order that the word of God be preached with purity that the Sacraments and the discipline of the church be duely administred and to make a diligent enquiry into the ministers performing of these and to punish them if either they misse or do amisse in the d●scharge of their places Which words of Maccovius Rivetus upon the decalogue doth expresse in equivalent terms It is the duty of ministers to infuse doctrine to wound by censures to administer the sacraments immediatly and personally and as they speak ex officio by their office Now the magistrate under whose authority these things are to be done if ministers do not perform them by his grave and commanding power may and ought to force them and enjo●n them to do these things and to do them well and to punish them that do otherwise then they should do 2. The second position of Maccovius is Since no determinations or sentences of presbyteries and synods have any force of obligation in them to obedience without the sanction of the magistrate therefore not the presbyteries and synods but the magistrate is the supreme judge giver and maker of all constitutions sentences and determinations of consistories and synods 3. The third is The magistrate is either to put his seal of sanction and give his judgement of approbation to all the judgements sentences and definitions of synods with a blind judgement and stand without disputing within himself to what they agreed and decreed among themselves or he must disapprove those things that in his own apprehension are not good and convenient and approve what he conceiveth to be true just and fit Whatever the opposers chose they are at a stand for they make the magistrate either a soveraign judge and arbiter over all ecclesiasticall matters or a sergeant and blind executioner of the judgements and sentences of synods and presbyteries Mr. Gillespie being not able any way to make invalide the strength of these positions of Maccovius only saith that the magistrate in having the last view and cognizance of all ecclesiasticall determinations and giving his sanction to them does not judicem agree but jud●care which I know not how to English but that in so doing he doth not the part of a judge and yet doth judge of the thing But what strength hath this That man doth the part of a judge in whose power and breast it is to make valid and currant or to disannull whatever is debated and determined by others Of much like strength is it when he saith that the magistrate judgeth whether he ought to adde his civil authority to this or that which seemeth good to church-officers and doth not concur therewith except he be satisfied in his conscience Which if he may do the magistrate hath as much as Maccovius proveth to belong to him for in that he is not satisfied and doth not concur with the judgements of church-officers he maketh all their judgements void null of no force to oblige either actively or passively any man or assembly under his jurisdiction Had not the states of the low-countreys approved and ratified the synod of Dordrecht their decrees would have been but counsells advices and answers of prudent and wise men and had not put any obligation upon the ministers churches schools and academies within their dominions more then upon England or France to be conformable to their determinations Next in the conclusion Mr. Gillespie saith that this doth not make him supreme judge and governour in ecclesiasticall causes which is the prerogative of Iesus Christ nor yet doth it invest the magistrate with the subordinate ministeriall forinsecall directive judgement in ecclesiasticall things or causes which belongeth to an ecclesiasticall not to a civil court I understand not wherefore he bringeth this for what he hath said before doth sufficiently evince the magistrate to be soveraign judge and governour over all persons and in all ecclesiasticall causes and censures so long as they are of no force and cannot be brought to execution except the magistrate approves of them and commands them It seemeth Mr. Gillespie by these words would put it to the vote who must be the supreme judge and governour in ecclesiasticall causes whether the ministers or the magistrate It is sure enough if we believe him the magistrate must not be It remains then that the ministers should be the supreme judges and governors for all M. Gillespies drift is to take from the magistrate that which he saith duly pertaineth to the ministers and in short to put as he conceiveth the saddle upon the right horse For to what end should he except against the magistrates being invested with the power of supreme judgement and government in ecclesiasticall causes but to reinvest the ministers into it and to declare that that usurpation in the magistrate was done to the prejudice and wrong of the ministers to whom it is due by right Here then Mr. Gillespie maketh the ministers of the Gospell supreme judges and governors in ecclesiasticall causes whereas he alwayes before declined those titles as belonging only to and being the prerogative of Jesus Christ But suppose ministers in synods and consistories had also the coercive power and were invested with that externall jurisdiction that giveth force and sanction to all their censures this I trow would not make them more or lesse supreme judges and governors in ecclesiasticall causes then the