SECTION 1.

Such power is granted by the reformed churches and orthodox writers to the political magistrate, in reference to church affairs. Take it in these particulars.

A defensive, protecting, patronizing power to the church, and all the members thereof. "Kings shall be thy nursing-fathers," &c., Isa. xlix.

23. "The magistrate is the minister of G.o.d for good to well-doers, as well as the avenger, executing wrath upon evil-doers; a terror not to good works, but to the evil," Rom. xiii. 3, 4; he is called _an heir, or, possessor of restraint, to put men to shame_, Judges xviii. 7. And as the church ought to pray for kings and all in authority, so consequently all in authority should endeavor to defend it, that the church and people of G.o.d should lead a quiet and peaceable life, (under the wing of their protection,) "in all G.o.dliness and honesty," 1 Tim.

ii. 2; and this is evident from the end and scope of these prayers here prescribed, as interpreters unanimously agree. And hereupon are those promises to the church, "The sons of strangers shall build up thy walls, and their kings shall minister unto thee," Isa. lx. 10; "and thou shalt suck the breast of kings," Isa. lx. 16. Now, this nursing, protecting care of magistrates towards the church, puts forth itself in these or like acts, viz: He,

1. Removes all external impediments of true religion, worship of G.o.d, &c., by his civil power, whether persons or things, whether persecutions, profaneness, heresy, idolatry, superst.i.tion, &c., that truth and G.o.dliness may purely flourish: as did Jehoshaphat, Asa, Hezekiah, Josiah. And hereupon it is that G.o.d so oft condemns the not removing and demolishing of the high places and monuments of idolatry, 1 Kings xv. 14, with 2 Chron. xv. 17; 1 Kings xxii. 44; 2 Kings xii. 3: and highly commends the contrary in Asa, 2 Chron. xv. 8, 16: in Jehoshaphat, 2 Chron. xvii. 3, 4, 6-10: in Hezekiah, 2 Chron. x.x.xi. 1; 2 Kings xviii. 4: in Mana.s.seh, 2 Chron. x.x.xiii. 15: in Josiah, 2 Kings xxiii. 8, 13, 19, 20, 24: whereupon the Holy Ghost gives him that superlative commendation above all kings before and after him, ver. 25.

2. Countenanceth, advanceth, and encourageth by his authority and example the public exercise of all G.o.d's ordinances, and duties of religion within his dominions, whether in matter of divine worship, discipline, and government, maintaining for the Church the fulness of spiritual liberties and privileges communicated to her from Christ: as did Asa, 2 Chron. xv. 9-16: Jehoshaphat, 2 Chron. xx. 7-9: Hezekiah, 2 Chron. xxix., x.x.x., and x.x.xi. chapters throughout: Josiah, 2 Chron.

x.x.xiv. and x.x.xv. chapters. And to this end G.o.d prescribed in the law that the king should still have a copy of the law of G.o.d by him, therein to read continually, Deut. xvii. 18-20; because he was to be not only a practiser, but also a protector thereof, a keeper of both tables.

3. Supplies the Church with all external necessaries, provisions, means, and worldly helps in matters of religion: as convenient public places to worship in, sufficient maintenance for ministers, (as the Scripture requireth, 1 Tim. v. 17, 18; 1 Cor. ix. 6-15; Gal. vi. 6:) schools and colleges, for promoting of literature, as nurseries to the prophets, &c.; together with the peaceable and effectual enjoyment of all these worldly necessaries, for comfortably carrying on of all public ordinances of Christ. Thus David prepared materials, but Solomon built the temple, 1 Chron. xxii. Hezekiah commanded the people that dwelt in Jerusalem, to give the portion of the priests and the Levites, that they might be encouraged in the law of the Lord; and Hezekiah himself and his princes came and saw it performed, 2 Chron. x.x.xi. 4, &c., 8: Josiah repaired the house of G.o.d, 2 Chron. x.x.xiv.

Nor need the magistrate think scorn, but rather count it his honor to be an earthly protector of the Church, which is the _body of Christ, the Lamb's wife_, for redeeming of which Christ died, and for gathering and perfecting of which the very world is continued.

An ordering, regulating power is also allowed to the magistrate about ecclesiastical matters in a political way, so that he warrantably,

1. Reforms the Church, when corrupted in divine worship, discipline, or government: as did Moses, Exod. x.x.xii.; Joshua, Josh. xxiv.; Asa, 2 Chron. xv.; Jehoshaphat, 2 Chron. xvii.; Hezekiah, 2 Kings xviii.; Josiah, 2 Kings xxiii.; 2 Chron. x.x.xiv.

2. Convenes or convocates synods and councils, made up of ecclesiastical persons, to consult, advise, and conclude determinatively, according to the word, how the church is to be reformed and refined from corruptions, and how to be guided and governed when reformed, &c. For, 1. Pious magistrates under the Old Testament called the Church together, convened councils. David, about bringing back the ark, 1 Chron. xiii. 1, 2, and another council when he was old, 1 Chron. xiii. 1; Solomon, 1 Kings viii. 1; Hezekiah, 2 Chron. xxix. 4; and Josiah, 2 Kings xxiii. 1, 2. 2.

All ought to be subject to superior powers, who ought to procure the public peace and prosperity of the Church, Rom. xiii. 1, 2, &c.; 1 Pet.

ii. 13, &c., 17; 1 Tim. ii. 2. Therefore superior powers may convocate councils. 3. Christian magistrates called the four general councils: Constantine the first Nicene council; Theodosius, senior, the first council of Constantinople; Theodosius, junior, the first Ephesian council; Marcian Emperor, the Chalcedon council; and, 4. Hereunto antiquity subscribes, as Dr. Whitaker observes.

3. Supports the laws of G.o.d with his secular authority, as a keeper of the tables, enjoining and commanding, under civil penalties, all under his dominion, strictly and inviolably to observe the same: as "Josiah made all that were present in Israel to serve the Lord their G.o.d," 2 Chron. x.x.xiv. 33. Nehemiah made the sabbath to be sanctified, and strange wives to be put away, Neb. xii. 13, &c. Yea, Nebuchadnezzar, a heathen king, decreed, that "Whosoever should speak amiss of the G.o.d of Shadrach," &c., "should be cut in pieces, and their houses made a dunghill," Dan. iii. 28, 29. And Darius decreed, "That in every dominion of his kingdom men tremble and fear before the G.o.d of Daniel," &c., Dan.

vi. 26, 27.

And as he strengthens the laws and ordinances of G.o.d by his civil authority, so he ratifies and establishes within his dominions the just and necessary decrees of the Church in synods and councils (which are agreeable to G.o.d's word) by his civil sanction.

4. Judges and determines definitively with a consequent political judgment, or judgment of political discretion, concerning the things judged and determined antecedently by the Church, in reference to his own act. Whether he will approve such ecclesiasticals or not; and in what manner he will so approve, or do otherwise by his public authority; for he is not a brutish agent, (as papists would have him,) to do whatsoever the Church enjoins him unto blind obedience, but is to act prudently and knowingly in all his office; and therefore the judgment of discerning (which belongs to every Christian, for the well-ordering of his own act) cannot be denied to the Christian magistrate, in respect of his office.

5. Takes care politically, that even matters and ordinances merely and formally ecclesiastical, be duly managed by ecclesiastical persons orderly called thereto. Thus Hezekiah commanded the priests and Levites to do their duties, 2 Chron. xxix. 5, 24, and the people to do theirs, 2 Chron. x.x.x. 1; and for this he is commended, that therein he did cleave unto the Lord, and observed his precepts which he had commanded Moses, 2 Kings xviii. 6. Thus when the king is commanded to observe and do all the precepts of the law, the Lord (as orthodox divines do judge) intended that he should keep them, not only as a private man, but as a king, by using all care and endeavor that all his subjects with him perform all duties to G.o.d and man, Deut. xvii. 18-20.

6. A compulsive, coactive, punitive, or corrective power, formally political, is also granted to the political magistrate in matters of religion, in reference to all sorts of persons and things under his jurisdiction. He may politically compel the outward man of all persons, church officers, or others under his dominions, unto external performance of their respective duties, and offices in matters of religion, punishing them, if either they neglect to do their duty at all, or do it corruptly, not only against equity and sobriety, contrary to the second table, but against truth and piety, contrary to the first table of the decalogue. We have sufficient intimation of the magistrate's punitive power in cases against the second table; as the stubborn and rebellious, incorrigible son, that was a glutton and a drunkard, sinning against the fifth commandment, was to be stoned to death, Deut. xxi. 18-21. The murderer, sinning against the sixth commandment, was to be punished with death, Gen. ix. 6; Numb. x.x.xv.

30-34; Deut. x. 11-13. The unclean person, sinning against the seventh commandment, was to be punished with death, Lev. xx. 11, 12, 14, 17, 19-25; and before that, see Gen. x.x.xviii. 24. Yea, Job, who is thought to live before Moses, and before this law was made, intimates that adultery is a heinous crime, yea, it is an iniquity to be punished by the judges, Job x.x.xi. 9,11. The thief, sinning against the eighth commandment, was to be punished by rest.i.tution, Exod. xxii. 1, 15, &c.

The false witness, sinning against the ninth commandment, was to be dealt withal as he would have had his brother dealt with, by the law of retaliation, Deut. xix. 16, to the end of the chapter, &c. Yea, the magistrate's punitive power is extended also to offences against the first table; whether these offences be against the first commandment, by false prophets teaching lies, errors, and heresies in the name of the Lord, endeavoring to seduce people from the true G.o.d. "If there arise among you a prophet, or a dreamer of dreams, that prophet, or that dreamer of dreams shall be put to death, because he hath spoken to turn you away from the Lord your G.o.d, which brought you out of the land of Egypt," &c., Deut. xiii. 1-6. From which place Calvin notably a.s.serts the punitive power of magistrates against false prophets and impostors that would draw G.o.d's people to a defection from the true G.o.d, showing that this power also belongs to the Christian magistrate in like cases now under the gospel.

Yea, in case of such seducement from G.o.d, though by nearest allies, severe punishment was to be inflicted upon the seducer, Deut. xiii.

6-12. See also ver. 12, to the end of the chapter, how a city is to be punished in the like case. And Mr. Burroughs,[27] in his Irenic.u.m, shows that this place of Deut. xiii. 6, &c., belongs even to us under the gospel.

Or whether these offences be against the second commandment, the magistrate's punitive power reaches them, Deut. xvii. 1-8; Lev. xvii.

2-8; 2 Chron. xvi. 13, 16. "Maachah, the mother of Asa the king, he removed from being queen, because she had made an idol in a grove." Job x.x.xi. 26-28, herewith compare Exod. viii. 25, 26. Or whether the offences be against the third commandment, "And thou shalt speak unto the children of Israel, saying, Whosoever curseth G.o.d shall bear his sin: and he that blasphemeth the name of the Lord he shall surely be put to death, and all the congregation shall certainly stone him, as well the stranger as he that is born in the land, when he blasphemeth the name of the Lord shall be put to death," Lev. xxiv. 15, 16. Yea, the heathen king Nebuchadnezzar made a notable decree to this purpose, against blaspheming G.o.d, saying, "I make a decree, that every people, nation, and language, who speak any thing amiss against the G.o.d of Shadrach, Meshech, and Abednego, shall be cut in pieces, and their houses shall be made a dunghill," Dan. iii. 29: and the pagan magistrate, king Artaxerxes, made a more full decree against all contempt of the law of G.o.d: "And whosoever will not do the law of thy G.o.d," saith he to Ezra, "and the law of the king, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment:" and Ezra blesses G.o.d for this, Ezra vii. 26, 27.

Besides all this light of nature, and evidence of the Old Testament, for the ruler's political punitive power for offences against G.o.d, there are divers places in the New Testament showing that a civil punitive power rests still in the civil magistrate: witness those general expressions in those texts--Rom. xiii. 3, 4: "Rulers are not a terror to good works, but to the evil. If thou do that which is evil, be afraid, for he beareth not the sword in vain: for he is the minister of G.o.d, a revenger _to execute_ wrath upon him that doeth evil." 1 Pet. ii. 13, 14: "Submit yourselves unto every ordinance of man for the Lord's sake, whether it be to the king as to the supreme, or unto governors which are sent for the _punishment_ of evil-doers,[28] and the praise of them that do well." Now, (as Mr. Burroughs[29] notes,) seeing the Scripture speaks thus generally, except the nature of the thing require, why should we distinguish where the Scripture doth not? so that these expressions may be extended to those sorts of evil-doing against the first as well as against the second table; against murdering of souls by heresy, as well as murdering of men's bodies with the sword; against the blaspheming of the G.o.d of heaven, as well as against blaspheming of kings and rulers, that are counted G.o.ds on earth. That place seems to have much force in it to this purpose, Heb. x. 28, 29: "He that despised Moses' law, died without mercy under two or three witnesses. Of how much sorer punishment, suppose ye, shall he be thought worthy who hath trodden under foot the Son of G.o.d, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace?" Yea, what deserve such as deny the Spirit to be of G.o.d? Papists exempt their clergy from the judgment of the civil power, though they be delinquents against it; and their states, both civil and spiritual, from civil taxes, tributes, and penalties, both which we deny to ours: for, 1st, This is repugnant to the law of nature, that church officers and members, as parts and members of the commonwealth, should not be subject to the government of that commonwealth whereof they are parts. 2d, Repugnant to the laws and practices of the Old Testament, under which we read of no such exemptions. Yea, we have instance of Abiathar the high-priest, who, for his partnership with Adonijah in his rebellion, was exiled by king Solomon, and so consequently deprived of the exercise of his office, 1 Kings ii. 26, 27.

3d, Inconsistent with our Saviour's example, who, as subject to the law, held himself obliged to pay tribute to avoid offence, (Matt. xvii. 26,) which was an active scandal; and he confesses Pilate's power to condemn or release him was _given him from above_, John xix. 11. 4th, And finally, contrary to the apostolical precepts, _enjoining all to be subject to superior powers_, Rom. xiii. 1-4; 1 Pet. ii. 13-15.

Now, all the former power that is granted, or may be granted to the magistrate about religion, is only c.u.mulative and objective, as divines used to express it; thus understand them:--

c.u.mulative, not privative; adding to, not detracting from any liberties or privileges granted her from Christ. The heathen magistrate may be a _nurse-father_, Isa. xlix. 23; 1 Tim. ii. 2, may not be a _step-father_: may protect the Church, religion, &c., and order many things in a political way about religion; may not extirpate or persecute the Church; may help her in reformation; may not hinder her in reforming herself, convening synods in herself, as in Acts xv., &c., if he will not help her therein; otherwise her condition were better without than with a magistrate. The Christian magistrate much less ought to hinder her therein, otherwise her state were worse under the Christian than under the pagan magistrate.

Objective or objectively ecclesiastical, as being exercised about objects ecclesiastical, but politically, not ecclesiastically. His proper power is _about_, not _in_ religious matters. He may politically, outwardly exercise his power about objects or matters spiritual; but not spiritually, inwardly, formally act any power in the Church. He may act in church affairs as did Asa, Jehoshaphat, Hezekiah, Josiah; not as did Corah, Saul, Uzzah, or Uzziah. He is an overseer of things without, not of things within. And in a word, his whole power about church offices and religion is merely, properly, and formally civil or political.[30]

Nor is this only our private judgment, or the opinion of some few particular persons touching the granting or bounding of the magistrate's power about matters of religion; but with us we have the suffrage of many reformed churches, who, in their Confessions of Faith published to the world, do fully and clearly express themselves to the same effect.

The Helvetian church thus: Since every magistrate is of G.o.d, it is (unless he would exercise tyranny) his chief duty, all blasphemy being repressed, to defend and provide for religion, and to execute this to his utmost strength, as the prophet teacheth out of the word; in which respect the pure and free preaching of G.o.d's word, a right, diligent, and well-inst.i.tuted discipline of youth, citizens and scholars; a just and liberal maintenance of the ministers of the church, and a solicitous care of the poor, (whereunto all ecclesiastical means belong,) have the first place. After this, &c.

The French churches thus: He also therefore committed the sword into the magistrates' hands, that they might repress faults committed not only against the second table, but also against the first; therefore we affirm, that their laws and statutes ought to be obeyed, tribute to be paid, and other burdens to be borne, the yoke of subjection voluntarily to be undergone, yea, though the magistrates should be infidels, so long as the supreme government of G.o.d remains perfect and untouched, Matt.

xxiv.; Acts iv. 17, and v. 19; Jude verse 8.

The church of Scotland thus: Moreover we affirm, that the purging and conserving of religion is the first and most especial duty of kings, princes, governors, and magistrates. So that they are ordained of G.o.d not only for civil polity, but also for the conservation of true religion, and that all idolatry and superst.i.tion may be suppressed: as is evident in David, Jehoshaphat, Josiah, Hezekiah, and others, adorned with high praises for their singular zeal.

The Belgic church thus: Therefore he hath armed the magistrates with a sword, that they may punish the bad and defend the good. Furthermore, it is their duty not only to be solicitous about preserving of civil polity, but also to give diligence that the sacred ministry may be preserved, all idolatry and adulterate worship of G.o.d may be taken out of the way, the kingdom of antichrist may be pulled down, but Christ's kingdom propagated. Finally, it is their part to take course, that the holy word of the gospel be preached on every side, that all may freely and purely serve and worship G.o.d according to the prescript of his word.

And all men, of whatsoever dignity, condition, or state they be, ought to be subject to lawful magistrates, to pay them tribute and subsidies, to obey them in all things which are not repugnant to the word of G.o.d; to pour out prayers for them, that G.o.d would vouchsafe to direct them in all their actions, _and that we may under them lead a quiet and peaceable life in all G.o.dliness and honesty_. Wherefore we detest the Anabaptists and all turbulent men who cast off superior dominions and magistrates, pervert laws and judgments, make all goods common, and finally abolish or confound all orders and degrees which G.o.d hath const.i.tuted for honesty's sake among men.

The church in Bohemia thus: They teach also that it is commanded in the word of G.o.d that _all should be subject to the higher powers_ in all things, yet in those things only which are not repugnant to G.o.d and his word. But as touching those things which concern men's souls, faith, and salvation, they teach that men should hearken only to G.o.d's word, &c., his ministers, as Christ himself saith, _Render to Caesar the things that are Caesar's, and to G.o.d those things that are G.o.d's._ But if any would compel them to those things which are against G.o.d, and fight and strive against his word, which abideth forever; they teach them to make use of the apostle's example, who thus answered the magistrate at Jerusalem: _It is meet_ (say they) _to obey G.o.d rather than men_.

Finally, the church in Saxony hath expressed herself notably in this point, saying, among many other pa.s.sages, G.o.d will have all men, yea, even unregenerate men, to be ruled and restrained by political government. And in this government the wisdom, justice, and goodness of G.o.d to mankind do shine forth. His wisdom, order declares, which is the difference of virtues and vices, and the consociation of men by lawful governments and contracts ordained in wonderful wisdom. G.o.d's justice also is seen in political government, who will have manifest wickednesses to be punished by magistrates; and when they that rule punish not the guilty, G.o.d himself wonderfully draws them to punishment, and regularly punishes heinous faults with heinous penalties in this life, as it is said, _He that takes the sword shall perish by the sword_; and, _Wh.o.r.emongers and adulterers G.o.d will judge_. G.o.d will have in these punishments the difference of vices and virtues to be seen; and will have us learn that G.o.d is wise, just, true, chaste. G.o.d's goodness also to mankind is beheld, because by this means he preserves the society of men, and therefore he preserves it that thence the Church may be gathered, and will have polities to be the Church's inns. Of these divine and immoveable laws, which are testimonies of G.o.d, and the chief rule of manners, the magistrate is to be keeper in punishing all that violate them. For the voice of the law, without punishment and execution, is of small avail to bridle and restrain men; therefore it is said by Paul, _The power should be a terror to evil works, and an honor to the good._ And antiquity rightly said, _The magistrate is the keeper of the law, both of the first and second table,_ so far as appertains to _good order_. And though many in their governments neglect the glory of G.o.d, yet this ought to be their chief care, to hear and embrace the true doctrine touching the Son of G.o.d, and to foster the churches, as the psalm saith, _And now understand, ye kings, and be instructed, ye judges of the earth._ Again, _Open your gates, ye princes_, i.e., Open your empires to the gospel, and afford harbor to the Son of G.o.d. And Isa.

xlix.: _And kings shall be thy nursing-fathers, and queens_, i.e., commonwealths, _shall be thy nursing-mothers_, i.e., of the Church, they shall afford lodgings to churches and pious studies. And kings and princes themselves shall be members of the Church, and shall rightly understand doctrine, shall not help those that establish false doctrine, and exercise unjust cruelty, but shall be mindful of this saying, "I will glorify them that glorify me." And Daniel exhorteth the king of Babylon unto the acknowledgment of G.o.d's wrath, and to clemency towards the exiled Church, when he saith, "Break off thy sins by righteousness, and thine iniquities by showing mercy to the poor." And since they are among the chief members of the Church, they should see that judgment be rightly exercised in the Church, as Constantine, Theodosius, Arcadius, Marcia.n.u.s, Charles the Great, and many pious kings, took care that the judgments of the Church should be rightly exercised, &c.

Thus those of the presbyterian judgment are willing to give to Caesar those things that are Caesar's, even about matters of religion, that the magistrate may see, it is far from their intention in the least degree to intrench upon his just power, by a.s.serting the spiritual power, which Christ hath seated in his church officers, distinct from the magistratical power: but as for them of the independent judgment, and their adherents, they divest the magistrate of such power.[31]

SECTION II.

II. Some power on the other hand touching religion and church affairs, is utterly denied to the civil magistrate, as no way belonging to him at all by virtue of his office of magistracy. Take it thus:

Jesus Christ, our Mediator, now under the New Testament, hath committed no spiritual power at all, magisterial or ministerial, properly, internally, formally, or virtually ecclesiastical, nor any exercise thereof, for the government of his Church, to the political magistrate, heathen or Christian, as the subject or receptacle thereof by virtue of his magistratical office.

For explication hereof briefly thus: 1. What is meant by spiritual power, magisterial and ministerial, is laid down in the general nature of the government, Chap. III. And, That all magisterial lordly power over the Church, belongs peculiarly and only to Jesus Christ our Mediator, Lord of all, is proved, Chap. V. Consequently, the civil magistrate can challenge no such power, without usurpation upon Christ's prerogative. We hence condemn the Pope as Antichrist, while he claims to be Christ's vicar-general over Christ's visible Church on earth. So that all the question here will be about the ministerial power, whether any such belong to the civil magistrate. 2. What is meant by power, properly, internally, formally, or virtually ecclesiastical?

Thus conceive: These several terms are purposely used, the more clearly and fully to distinguish power purely ecclesiastical, which is denied to the magistrate, from power purely political about ecclesiastical objects, which is granted to him; which is called ecclesiastical, not properly, but improperly; not internally, but externally; not formally, but only objectively, as conversant about ecclesiastical objects. Nor hath he any such ecclesiastical power in him virtually, i.e. so as to convey and give it to any other under him. He may grant and protect the public exercise of that power within his dominions; but designation of particular persons to the office and power, is from the Church; the donation of the office and power only from Christ himself. So that magistracy doth not formally nor virtually comprehend in it ecclesiastical power for church government; for a magistrate, as a magistrate, hath no inward ecclesiastical power at all belonging to him.

For confirmation of this proposition, consider these ensuing arguments.

_Argum_. 1st. The keys of the kingdom of heaven were never given by Christ to the civil magistrate, as such: therefore he cannot be the proper subject of church government as a magistrate. We may thus reason:

_Major_. No power of the keys of the kingdom of heaven was ever given by Christ to the civil magistrate, as a magistrate.

_Minor_. But all formal power of church government is at least part of the power of the keys of the kingdom of heaven.

_Conclusion_. Therefore no formal power of church government was ever given by Christ to the civil magistrate, as a magistrate.

The major proposition is evident.

1. Because when Christ gave the keys of the kingdom of heaven, he makes no mention at all of the civil magistrate directly or indirectly, expressly or implicitly, as the recipient subject thereof. Compare Matt.

xvi. 19, and xviii. 18, John ii. 21-23, with Matt. xxvii. 18-20. 2.

Because, in Christ's giving the keys of the kingdom of heaven, he makes express mention of church officers,[32] which are really and essentially different from the civil magistrate, viz. of Peter, in name of all the rest, Matt. xvi. 18, 19, and of the rest of the apostles as the receptacle of the keys with him, Matt. xviii. 18, all the disciples save Thomas being together, he gave them the same commission in other words, John xx. 20-24, and Matt. xxviii. 18-20. Now if Christ should have given the keys, or any power thereof to the magistrate, as a magistrate, he must consequently have given them only to the magistrate, and then how could he have given them to his apostles, being officers in the Church really distinct from the magistrate?