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Archive for the ‘The Civil Magistrate’ Category

The following taken from Book 2, Chapter 4 of Aaron’s Rod Blossoming, pp. 184-194.

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CHAP. IV. Of the agreements and differences between the nature of the Civil and of the Ecclesiastical Powers or Governments.

Having now observed what our opposites yield to us, or we to them, I shall for further unfolding of what I plead for, or against, add here the chief agreements and differences between the Civil and Ecclesiastical powers, so far as I apprehend them. They both agree in these things: 1. They are both from God; both the Magistrate, and the Minister is authorized from God, both are the Ministers of God, and shall give account of their administrations to God. 2. Both are tied to observe the Law and Commandments of God: and both have certain directions from the Word of God to guide them in their administration. 3. Both Civil Magistrates and Church Officers are Fathers, and ought to be honoured and obeyed according to the fifth Commandment: Utrumque scilicet dominium, saith Luther, Tom. 1. fol. 139. both Governments, the Civil and the Ecclesiastical, do pertain to that Commandment. 4. Both Magistracy and Ministry are appointed for the glory of God as Supreme, and for the good of men as the subordinate end. 5. They are both of them mutually aiding and auxiliary, each to other. Magistracy strengthens the Ministry, and the Ministry strengthens Magistracy. 6. They agree in their general kind; they are both Powers and Governments. 7. Both of them require singular qualifications, eminent gifts and endowments, and of both it holds true, Quis ad haec idoneus? Both of them have degrees of censures and correction according to the degrees of offences. Neither the one nor the other may give out sentence against one who is not convict, or whose offence is not proved. Both of them have a certain kind of Jurisdiction in foro exteriori. For though the Ecclesiastical power be spiritual, and exercised about such things as belong to the inward man only; yet as Dr. Rivet upon the Decalogue, pag. 260, 261. saith truly, there is a two-fold power of external jurisdiction which is exercised in foro exteriori: one by Church-Censures, Excommunication, lesser and greater, which is not committed to the Magistrate, but to Church-Officers: Another, which is Civil and coercive, and that is the Magistrates. But Mr. Coleman told us, he was persuaded it will trouble the whole World to bound Ecclesiastical and Civil Jurisdiction, the one from the other; Maledicis pag. 7. Well: I have given ten agreements. I will now give ten differences.

The difference between them is great; they differ in their causes, effects, objects, adjuncts, correlations, executions, and ultimate terminations.

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The following selections are taken from George Gillespie’s Aaron’s Rod Blossoming (1646).

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7. That there is a distinction between Magistracy and Ministery, even Jure Divino. That the civill Magistrate hath not power to abolish or continuate the Ministery in abstracto at his pleasure; nor yet to make or unmake Ministers in concreto, that is, to ordain or depose Ministers, as he thinks fit.

    8. As the Offices are distinct (g) so is the power; Magistrates may do what Ministers may not doe: and Ministers may doe what Magistrates may not do.

    9. It is Juris Communis, a principle of common equity and naturall reason, that the directive Judgement in any matter doth chiefly belong to such as (by their profession and vocation) are devoted and set apart to the study and knowledge of such matters, and (in that respect) supposed to be ablest and fittest to give Judgement thereof. A consultation of Physicians is called for, when the Magistrate desires to know the nature, symptomes, or cure of some dangerous disease. A consultation of Lawyers, in Legall questions. A Councell of War in military expeditions. If the Magistrate be in a ship at Sea, he takes not on him the directive part of Navigation, which belongs to the master, with the mates and pilot. Neither doth the master of the ship (if it come to a Sea-fight) take on him the directive part in the fighting, which belongs to the Captain. And so in all other cases, Artifici in sua arte credendum. Wherefore though the Judgement of Christian prudence and discretion belongs to every Christian, and to the Magistrate in his Station; and though the Magistrate may be, and sometime is learned in the Scriptures, and well acquainted with the principles of true Divinity, yet ut plurimum, and ordinarily, especially in a rightly Reformed and well constituted Church, Ministers are to be supposed to be fittest and ablest to give a directive Judgement in things and causes Spirituall and Ecclesiasticall: with whom also other ruling Church-Officers do assist and joyne, who are more experimentally and practically (they ought also, and diverse times are more Theoretically) acquainted with the right way and rules of Church-government and censures; then the civill Magistrate (when he is no ruling Elder in the Church, which is but accidentall) can be rationally or ordinarily supposed to be.

    10. There is some power of Governement, in the Church given to the Ministery by Christ: else why are they said to be set over us in the Lord, and called Rulers and Governours, as we shall see afterward?

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Finally, The Presbyteriall Government hath no such liberty nor arbitrarinesse, as Civill or Military Government hath: there being in all civill or temporall affairs a great deal of latitude left to those who manage the same, so that they command nor act nothing against the Word of God. But Presbyteriall Government is tyed up to the rules of Scripture, in all such particulars as are properly spirituall and proper to the Church; Though in other particular, occasional circumstances of times, places, accommodations, and the like, the same light of nature and reason guideth both Church and State; yet in things properly Spirituall and Ecclesiasticall, there is not near so much latitude left to the Presbytery, as there is in civill affairs to the Magistrate.

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The following is chapter 9 of Jus Divinum Regiminis Ecclesiastici: Or, the Divine Right of Church-Government (1646) by several anonymous Presbyterian ministers in London at the time of the Westminster Assembly of Divines. Here is classic Reformed “Two Kingdom” theology, where the distinct, co-ordinate, and collaborative powers of church and state in a Christian land are set forth.

Listen to this and other recorded chapters here. Or scroll down to view a facsimile in a PDF.

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6. Of the proper receptacle and distinct subject of all this power and authority of Church government, which Christ hath peculiarly entrusted with the execution thereof, according to the Scriptures. And, 1. Negatively, That the political Magistrate is not the proper subject of this power.

    THUS we have taken a brief survey of church-government, both in the rule, root, kind, branches, and end thereof, all which are comprised in the former description, and being less controverted, have been more briefly handled: Now, the last thing in the description which comes under our consideration, is the proper receptacle of all this power from Christ, or the peculiar subject intrusted by Christ with this power and the execution thereof, viz. only Christ’s own officers. For church-government is a spiritual power or authority—derived from Jesus Christ our Mediator, only to his own officers, and by them exercised in dispensing of the word, &c. Now about this subject of the power will be the great knot of the controversy, forasmuch as there are many different claims thereof made, and urged with vehement importunity; (to omit, the Romish claim for the Pope: and the Prelatical claim, for the bishop;) the politic Erastian pretends that the only proper subject of all church-government, is the political or civil magistrate: the gross Brownists, or rigid Separatists, that it is the body of the people, or community of the faithful in an equal, even level: they that are more refined (who stile themselves for distinction’s sake Independents) that it is the single congregation, or the company of the faithful with their presbytery, or church-officers: the Presbyterians hold, that the proper subject wherein Christ hath seated, and intrusted all church-power, and the exercise thereof, is only his own church-officers; (as is in the description expressed.) Here therefore the way will be deeper, and the travelling slower; the opposition is much, and therefore the disquisition of this matter will unavoidably be the more.

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    While doing some research in a related area, I ran into this first article by Torrance Kirby in the great Italian Reformer, Peter Martyr Vermigli. I know rather little of him, though he has been recognized as a major figure alongside Calving, Bullinger, etc. I wasn’t aware of how involved he was with the Church of England. As of the moment, I haven’t read the following two I post here, but they look similarly interesting. Here’s the source for these online.

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    Pope Leo apparently just said, “Someone who says ‘I’m against abortion but says I am in favor of the death penalty’ is not really pro-life.”

    Thomas Aquinas said, “Therefore if a man be dangerous and infectious to the community, on account of some sin, it is praiseworthy and advantageous that he be killed in order to safeguard the common good . . . .” (ST IIa-IIae, q. 64, a. 2).

    And, “It is permissible to kill a criminal if this is necessary for the welfare of the whole community. However, this right belongs only to the one entrusted with the care of the whole community — just as a doctor may cut off an infected limb, since he has been entrusted with the care of the health of the whole body” (ST IIa-IIae, q. 64, a. 3).

    Rome the same, “everywhere, always, by all,” right?

    Semper protestans!

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    The following are quotes are from A Body of Practical Divinity (1838 edition):

    “We glorify God, when we give God the glory of all we do. . . . As the silk-worm, when she weaves her curious work, she hides herself under the silk, and is not seen; so when we have done Constantine did use to write the name of Christ over his door, so should we write the name of Christ over our duties; let him wear the garland of praise” (27).

    “The word being begun to be preached, hear it with reverence and holy attention. ‘A certain woman, named Lydia, attended unto the things which were spoken of Paul.’ Acts 16: 14. Constantine, the emperor, was noted for his reverent attention to the word” (381).

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    “We presume it to be agreed on both sides, that the outcast millions ought to be reclaimed from the ignorance and irreligion of heathenism. The only difference relates to the party at whose expense this great achievement ought to be perfected —whether by private Christians, under the impulse of a religious benevolence; or by an enlightened government under the impulse of a paternal regard for the highest weal of its subject population. We, the advocates of a National Establishment, hold it the duty and wisdom of every state, thus to undertake for the education of the great family under its charge, and to provide the requisite funds for the fulfilment of the enterprise—and this without prejudice, but the contrary, to the liberality of those individuals, who might choose of their own means to build more churches, and maintain more ministers—thus adding to the amount of Christian instruction in the land. Our antagonists on the other hand hold this to be only the fitting work of individuals, whether acting separately or in associated bodies—to be their concern, and theirs exclusively; and that the government of a country should have nothing to do with it” (Chalmers, Works 17:258-59).

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    Bumped into this online. Looks to have been a handout for public middle or high school students. Was pleasantly surprised over the lack of spite for the Puritans. A more balanced, secular treatment. And I’m for a major rethink of our criminal justice system. I think moderate corporal punishment is much more humane for many criminals than simply throwing them into a cage with other hardened animals for years on end.

    “A whip for the horse, a bridle for the ass, and a rod for the fool’s back” (Prov. 26:3).

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    “And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number.  Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee” (Deut. 25.2-3).

    “Now it follows: That the wicked man shall be condemned according to his desert. There is here no mention of such offences as were to be punished by death. For if there were murder committed, or adultery, or such like thing; they were punished by death. We have seen how God commanded that all such kinds of wickedness should be utterly rooted out: but here he speaks but of such injuries as deserve some other chastisement. And that is the cause why it is said, That the malefactor shall be punished according to his desert, yet so has he shall not have above forty stripes. For they used a whip made of an oxe hide, to chastise them which dealt wrongfully and outrageously with their neighbor, always provided that the offence deserved not death. It is said: That they shall not pass the number of forty strips. And why? To the intent that the man should not be mangled or disfigured in his body, but remain whole and found. You see then in effect what is here declared, to wit, first that the sentence must not be given in vain: and secondly that some moderation must be used, so as the rigor be not excessive. . . .

    “Moreover secondly in this place here is mention made of moderating the chastisements which are used. For the judges ought always to consider that they fit in justice in the behalf of God, and therefore into that seat which is holy and dedicated to the doing of right, they may not bring their own passions, to feed their own choler, and to deal crossly and overwartly as they themselves lift. God therefore in saying, that there shall be a certain number of stripes, declares expressly that there must be a reasonable measure used in punishing. Verily when a man is not to be clean rooted out, but to live still in the world, God will not have him maimed that he should become unprofitable as touching h is body. For what a thing were it if a man should be so rigorously handled as to be made a cripple so as he can no more help himself? It were better he had been put to death at the first, than to be left to pine away in this world, and to be as a block. Now therefore when a man is to be left alive still, GOD will have the judges to ave a regard that he be not beaten of scourged in such wise as he disfigured or made unable to help himself. That is the very thing which God will have men to look unto.”

    Calvin, Sermons on Deuteronomy, in loc.


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