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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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Testament when nothing hinders but that Kings may be ministers and ministers Kings CHAPTER XVIII The cause of mistakes in stating the nature of the church and calling that the true church which is not Three acceptions of the word church in holy writ The meaning of the word church Math. 18. v. 17. IN treating of the church I conceive a world of writers both Papists and Protestants might have spared themselves much labour about the nature power truenesse fallibility antiquity succession of it if both parties had not walked in the dark and if they had agreed upon some few and very easie common principles consonant to holy Scripture and reason How many volumes on our side are written to state how far the Romish church is a true church to vindicate us from schisme to prove that we have a right succession of churches power and ministry that the English church is a true Catholick church that the reformed in France have likewise a right to that title One party yields more then needs must and fearing to want for themselves a right of church-succession and Baptisme they will acknowledge the Romish church to be a true church and yet with such metaphysicall reservations and modifications that from a metaphysicall goodnesse they insensibly descend to a morall making of a magistrates power an ecclesiast call of a cadaver and carkasse a living body of an aggregation of churches under one presbytery of the same extent with the jurisdiction of the magistrate the only true church of Christ This made the late English hierarchy conceive that their best course was to approach as near as they could to the Romish yea to be one church with them that otherwise they could not make their power calling and succession good nor clear themselves from the guilt of schisme So that as all parties have been equally mistaken in their grounds so have they hardly understood one another raising doubts where there were none some by that weakning their own cause and strengthening that of their adversaries who took all concessions for truths putting their opposites to very great straights For not knowing well how to deny the church of Rome to be a true church and that salvation is to be had in it and not being able to shew an uninterrupted succession from the Apostles time as the Romanists can do nor vindicate themselves from schisme each party is very eager to call his neighbour schismatick rending the seamlesse coat of Jesus Christ that name being liberally bestowed by the Romanists upon the Protestants and by some of these upon those that adhere to the dissenting brethren each of them Papists and Presbyterians challenging that seamlesse coat of Christ even right of church and ecclesiasticall power and therefore for fear of schism rendings they will be sure to cast lots upon it that they may have it whole and entire Whereas had both been well informed of the nature of church and of schisme and that suceession is a needlesse plea neither availing the Romanists a whit nor prejudicing any way the reformers Baronius Bellarmin Stapleton as well as Whitaker Chamier and the like might have saved the world so much labour in reading them the first in putting the reformers upon the task of proving themselves a true church and the latter in taking off the aspersion of schismaticks for then no doubt all the hard task had been on the Romanists side who being not able to make invalid our grounds about the nature of the church the power of the church the calling of pastors their succession and of schisme had been wholly put upon vindicating themselves and not weakning our title for it had been to little purpose so long as we had retained the same grounds which do put us into a firm and unmoveable possession About the nature of schisme Dr. Owen whose grounds which is very strange though we never conferred our notes together are those that I stand upon in treating of the nature of the church hath so well resolved the world that it is but in vain for any one either to write after him or against him And having in my Paraenesis handled the nature of the church intending here only an extract of it I will say only so much of it as will make way to what I mainly intend to prove viz. that the parity and independency of churches each from the other in power of exercising all church acts best agreeth not only with Scripture antiquity and the opinion of Zuinglius Musculus Bullingerus and Erastus but also with the sense of the seven dissenting brethren sitting twelve years agone in Westminster together with the other members of the assembly of Divines yea that many forrain divines and other learned men Salmasius for one no way intending to favour the cause we have in hand have been strong patrons of it in severall of their writings and treating of the right of churches and of the power of the magistrate over them have laid the same foundations as we I find in holy writ specially in the new Testament that the word Church is taken properly three wayes I. for the mysticall body of Jesus Christ the elect justifyed and redeemed whereof the Gospell is full thus Hebr. 12. v. 23. and Ephes 5. v. 26 27. c. II. for the universality of men through the world outwardly called by the preaching of the word yielding an externall obedience to the Gospell and professing visibly Christianity of this mention is made 1 Tim. 3. v. 15. and 2 Tim. 2. v. 20. III. for a particular visible congregation with one accord meeting in one place for the worship of God according to his institution which is spoken of Rom. 16. v. 4. Gal. 1. v. 2. 1 Cor. 16. v. 1. 2 Cor. 8. v. 1. 1 Thess 2. v. 14. Act. 9. v. 31. Act. 15. v. 41. 1 Cor. 16. v. 19. yea such a church as is confined within a private family as Rom. 16. v. 5. St. Hierome upon the 1. of the Galatians takes the word church properly either for a particular church or for that church called the Body of Christ which hath neither spot nor wrinkle dupliciter ecclesia potest dici ea quae non habet maculam rugam vere est Christi corpus ea quae in Christi nomine congregatur relating to the words of Christ Matth. 18. v. 19. where two or three c. which cannot be understood of a nationall church There be two places in the new Testament where the word church is taken otherwise namely Act. 19. v. 41. for a concourse of people Matth. 18. v. 17. a place so much controverted and which when we speak of excommunication requireth we should insist upon it It sufficeth here to say that if by it were meant an ecclesiasticall assembly of pastors and elders some other parallel to it might be found in the old or new Testament I am sure as there is none in the new so neither in the old
Lord neither do I ●…sse honour the churches of Scotland then those of France I would fain make all churches and brethren friends without prejudice to the truth which I conceive I can retain inviolable by that temperament I have followed which giveth unto the magistrate his due and to private churches their right which denyeth not the presbyterians a discipline but only groundeth it upon a firmer and steadier foundation then they have hitherto done themselves The Lord reveal these truths which are very much subservient to saving truths to all sorts of people that so the minds of the people of God may be more settled and united to retain the foundation that is in Christ Iesus not by constraint and by an externall coercive jurisdiction but with a ready mind and that others who are otherwise led captive by their errors and ignorance in doctrine but much more swayed by this mystery of iniquity or ecclesiasticall jurisdiction may now by the discovery of this truth get freedom and by it the knowledge of saving truths hid from them because of their bondage Thus the truth of that saying of the Lord Iesus will be more manifest If ye know the truth ye shall be free indeed Did but those of the Romish communion understand that all Papall Episcopall Presbyteriall and Ecclesiasticall jurisdiction which is not subordinate to the power of magistracy is repugnant to Scripture and reason they would soon by the knowledge of this one truth recover their liberty and with it the opportunity of having saving truths taught them lying no longer in shackles for fear of men which though imaginarie ones have kept them in as much captivity as if they had been really of iron For the ecclesiasticall jurisdiction and excommunication the product of it put forth and exercised over magistrates and people by inconsiderable men for coercive power have hitherto been like to a child leading about an Elephant with a thred who if he knew his own strength would lead the strongest man that is with a single hair In short all ecclesiasticall jurisdiction without a power of magistracy is like the feathers of an arrow which can never hit nor have a direct motion but with the wood to which it is adjoyned The feathers alone may be made to fly at one but never to hurt or make any impression I will conclude this Preface with the words of Antonius de Dominis lib. 5. de rep cap. 2. who says that all ecclesiasticall jurisdiction is ineffectuall without a power of magistracy Nihil sine potestate laica obtinebimus neminem ecclesiastica potestate possumus extrudere abripere expellere If this which is the substance and the whole drift of my book can be made out to me not to be Scripture and reason I will not obstinatly maintain either this or any other errour but acknowledge it both to God and man as I ought continually all those of my life which as I hope God will forgive me so till I be otherwise taught I crave no pardon either of God or man for holding this which to some is an errour but to me and I hope in Gods good time it shall be so to others as clear a truth as that two and two are four ERRATA Pag. 121. l. 16. read to whom I give thanks Pag. 242. l. 11. dele common Pag. 215. l. 2. read Cornelius Nepos saith Pag. 292. l. 27. read next to the magistrates who have Pag. 311. l. 14. for was read is Pag. 355. l. 2. read supra quam Of the Right of CHVRCHES And of The Magistrates power over them CHAPTER I. OF the nature of power and authority That there are but two wayes to bring men to yield obedience either by a coactive power or by perswading them by advice counsell That there is no medium betwixt command and counsell which sheweth that Ecclesiasticall jurisdiction is a name without a thing not being exercised by either of them The division of power and of the subordination and coordination of powers Many errours and mistakes are discovered about subordination and coordination of powers That the power called Ecclesiasticall doth signifie nothing and such as it is is subordinate to that of the Magistrate THe nature of power right command obedience function law judgement are so twisted together and linked that it is not possible to treat of one alone for as the perfection of power is command so power is exercised with lawes by those that have right to it and a function in the state obedience is a yielding to power command lawes counsells and advices The word Potestas power denotes three things Person Right and Office Often it is taken for the person or persons that are the soveraign Magistrate it is also opposite to jus or right thus Tacitus in the third Book of his annals saith that right is weakned when power comes in In a large sense it is defined A faculty to bring any thing to passe either by right or by wrong or thus A faculty in the agent to move it self towards the patient either necessarily or at the will of the agent necessarily in a naturall body but arbitrarily in an intelligence either Divine or Angelicall and humane Authority as it hath relation to man is a faculty in the agent to move it self at the will of the patient for power is exercised over men against their will but authority is over those that willingly yield and are perswaded and convinced yet sometimes power and authority are promiscuously used But philosophers humanists and statists usually ascribe authority to men and writings that put no coercion or force to mens actions thus they attribute great authority to the placita and responsa of wise and prudent men whose judgements dictates and definitions who ever giveth no credit 〈◊〉 is taxed of foolishnesse not of rebellion or disobedience and so to men commendable for their age wisedome prudence and experience as the Heathens did to their Plato Socrates Aristoteles Zeno Princes of Schools who captivated the minds not the bodies of their hearers 'T is in that sense Cicero in his first Book of Offices in the very beginning speaks of the great authority that Cratippus and Athens had though neither of them had power either of legislation or of jurisdiction and in his Epistles he often mentioneth those that were in great favour and authority with Caesar and Pompey although they had no power of jurisdiction over them Albeit Grammarians should put no difference betwixt power authority yet nature custome and the practise of all nations yea the holy Scripture distinguisheth power of jurisdiction and command which imposeth penalties upon the transgressours from that authority which enforceth not the outward man but only worketh upon the soul perswadeth and begetteth belief respect and reverence Power of jurisdiction is alwayes attended with command and followed with obedience either active or passive to the command of the power but authority being for the most part attended with some of
Divines yet living both of the argument in hand and of the writings of the Author Of some mens strong prejudices against and harsh censures of him 369 The PREFACE I Intend here by way of Preface to give a brief account how I came to write of this subject Having a little before the beginning of the long Parliament in the year 1639. written a piece in Latin against the corrupted party of the English Hierarchy who made as near approaches as they could towards Popery and being a little while after engaged in that quarrell it so fell out that this corrupt party being soon foiled by the great torrent of opposition they met withall their opposers themselves who were very numerous did soon divide into parts and factions dissenting from one another particularly about church-way and discipline which afforded me new matter to study on which I did being indifferently affected towards the four kinds of opinions held in the reverend assembly of Divines viz. of Episcopacy moderated Presbytery Independency and Erastianisme and for many years together not giving my approbation more to one of them then to the rest before such time as I should be well resolved in the controversy I pittyed for a long time the preposterous endeavours of each party tending to make the rent wider while they sought rather the victory then the truth brother became eager against brother branding each other with schisme and heresy their principles so far dividing them asunder that partners in the same martyrdome and who had lost their ears together were soon together by the ears and Mr. Edwards by name in shewing rather his spleen then his zeal and Dr. Bastwick who stiled himself the Captain of the presbyterian army did but powre oyle upon the fire of dissention in stead of quenching it as likewise did our brethren the Scots when they wound up their string of ecclesiasticall jurisdiction to such an height that it was ready to break and ranked the Erastians in the list of abominable hereticks pointing therein particularly at poor and mild Mr. Coleman walking almost alone in a melancholy posture and who would not give rayling for rayling but mildly intreated all the brethren that dissented from him specially the presbyterians to give a satisfactory answer to the queries of the Parliament touching a jurisdiction and government of the church distinct from that of the magistrate and to shew in Scripture a place parallel to Matth. 18. v. 17. where by the word Church is meant either the ministers or a presbyterian consistory besides to find out in Scripture the name and thing of excommunication or that it is as well though not as much a soul-saving ordinance as preaching of the word and the administration of the Sacraments as the reverend presbyterian ministers would fain have perswaded him in their reasons against the dissenting brethren p. 63. At length being well satisfied that truth seldome lyes on the multitudes side as I did much pitty Mr. Coleman so did I fall to study him and thought it but reasonable ere I should join with the generall clamour against him to hear what he could say for himself And indeed his still voice did more work upon me then all the thundring voices of his opposites So then being convinced by him about eight years since I put forth in print a tract in English the drift whereof was only to assert the power of the magistrate in matters of religion which subject being but an answer to a letter I handled cursorily and superficially And while I was upon that work I was much in charity as I expresse in some passages of that tract with the churches of the congregationall-way no lesse cried out upon then Mr. Coleman both here and beyond seas specially in France where namely at Charenton near Paris a nationall synod condemned them by an authentick act yet then I had no such thought as to conceive or imagine that the power and right of private churches or congregations could agree well with the power of the magistrate in matters of religion But soon after the publishing of this English tract my uncle Dr. Andrew Rivet whose memory is very precious to me and to all the Churches of God sent me a Latin manuscript made by a Divine in France wherein he endeavoured the confuting of my English book and besides did much taxe me for favouring the congregationall way so much spoken-against amongst the reformed churches in France and expressely condemned by a nationall synod of theirs About the same time came Amyraldus forth in print as full of bitternesse and invectives against them as Mr. Edwards in his Gangrena Both which books I mean Amyraldus and that which Dr. Rivet sent me were the cause occasion and subject of writing my Paraenesis in Latin In writing of which I was insensibly carried to conceive and propound wayes of accommodation betwixt the brethren of the congregationall way and the assertors of that measure of power in sacred things allotted to the magistrate by Musculus Bullinger Gualterus and Erastus nothing doubting but that by these propositions of reconciliation and accommodation I have given with a very little yielding on both sides the true way and notion of settling in such a nation as this where the soveraign magistrate is orthodox might be made out and the Christian reformed religion worship established with more peace truth and holinesse of life then they were ever hitherto since the times of the Apostles These notions suting more to the purpose and interest of the English climat nation ought to have been then rather put in English then Latin but that I mistrusted my own abilities to appear in publick in any other tongue then Latin or French and that I had a great mind first to disabuse other nations particularly my own countreymen who were possessed with strange prejudices against the godly party of this nation as well presbyterians as others by the false suggestions and informations of Amyraldus so far that some have expressed to me by letters how much they bewailed the lamentable condition of England where all religion and fear of God was well-near quite extinct where there was no church-discipline no excommunication no synods no ordination no lay-elders no Lords prayer or ten commandements rehersed and no Sacrament of the Lords supper administred Now this present tract coming after the other and being otherwise digested and framed and those controversies that concern England being chiefly handled therein and all brought within a narrower compasse I do not despair but that my present designe will be excused though I come short of giving satisfaction to all parties I honour equally the persons learning and piety of those that I assent to and dissent from no lesse respecting the memory of Mr. Gillespie an eminent man for wit piety learning and soundnesse of faith but very erroneous in what he stiffely maintaineth in his Aarons Rod then that of Mr. Coleman or of any of Gods Ministers now with the