Now let us consider next of what matters of our religion the Magistrate ought to take order.
“First, it belongeth unto him to appoint the ministers of the Church where they be lacking, whether he chose them himself, or whether hee confirme them after they be chosen by others, at his commandment.”
Again, Musculus, like many (or, perhaps, most) of his compatriots, sees the magistrate as a reforming, preserving force. He recognizes that opponents will appeal to the primitive church model when church officers were selected by the multitude. This was a matter of convenience, he answers, due to the absence of a Christian magistrate. “If you list to looke back to cal to remembrance the doings of those daies you must looke backe withal to the condition of the estate of those daises.”
Simple as (as they say)—this is Musculus’ constant refrain, as we’ve seen, and it is a good one. We could call it an argument from Providence and an assertion of a doctrine of development, so to speak. Its an argument akin to what Richard Baxter said:
“That which was first in intention, is last in execution. Mature Reason in Man, and Princely Government in Kingdom-Churches, was first in intention, tho' not in execution. Who would wish that Pagans had still Reigned?”
Now, again, this does not usurp the doctrinal, teaching competency of clergy. For the magistrate, in his selection, has a duty to select either immediately or mediately, for the good of the church, competent and godly ministers.
“[F]or because he can not alone do all that belongeth thereunto, he must be the aide and helpe of such persons as be faithfull, and do feare God, whether they bee in the ministerie of the word, or any other degree, that such may help to bear part of this burden upon their sholders also.”
There is a partnership of mutual aid here, but for Musculus there is no doubt as to who has the duty and power of ministerial selection.
Post-appointment, the Christian magistrate’s watch over the church is not ended.
“[H]e must be alwaies watchfull and ware, that the worde of life and saluation be rightly, conueniently, and faithfully set forth unto the churches, according unto the order of Christs Gospell.”
“Whereffore like as it was commanded to the king of Israell, that he should continually haue in his hand, reade ouer, and reade againe the booke of the law: it behoueth to the Christian Magistrate to trauaile continually in the booke of the new Testamet, and to be alwaies reading of him, that he may the more assuredly susteine the charge of setting forth sounde doctrine unto the church.”
Contra contemporary evangelical notions, Musculus holds that the church erred in doctrine and was enveloped in controversy only when the Christian magistrate was derelict in this duty. Full stop.
So much for the doctrinal consideration of the magistrate, which evidently implies some right of substantive judgment on part of the magistrate. That is, he, by his constant study of scripture and church doctrine can discern (at some level) when the church has erred, and then has a duty to restore the church to its last pristine point, so to speak.
But Musculus maintains that the magistrate also has a sacramental interest. He must insure its right administration but also guard admission. “The Emperor Justinian made a law that such Gentiles and Jewes as doe turne unto the faith of Christ, should be baptized after two years spent, in which space thei should be instructed and tried in the faith of Christ.” (Baptists should seize upon this fact, I should think.) Not only sacramental, the magistrate also possesses ceremonial interests. Again, this amounts to a reforming role according to what is profitable to the church, but Musculus also affords the magistrate power to discern what is “unclean” and thereafter “restore them that be dekeyed.”
More typically, the magistrate should pass laws that encourage participation in the sacraments and worship; he must care for schools to educate the ministry; he must “punish the disorders of all his subiects, specially of ministers;” he must protect the wellbeing and property of the church and direct right distribution of goods to those in need (i.e., widows)—ministers cannot be allowed to horde church funds.
Not all of this must the magistrate manage directly. Musculus counsels adhering to the advice of Jethro to Moses and delegating tasks to trustworthy officials for convenience’s sake.
What is left to the church ministry? The teaching and formulation of doctrine, the administration of sacraments, catechesis, and the like. None of these can the magistrate perform. Yet, in those things he does command, they are of God, for the power of the magistrate is ordained of God.
At this point, Musculus decides to survey Roman emperors and considers whether Christians (as distinct from pagans) require an emperor. 9That’s next.)