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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94081	An essay in defence of the good old cause, or A discourse concerning the rise and extent of the power of the civil magistrate in reference to spiritual affairs. With a præface concerning [brace] the name of the good old cause. An equal common-wealth. A co-ordinate synod. The holy common-wealth published lately by Mr. Richard Baxter. And a vindication of the honourable Sir Henry Vane from the false aspersions of Mr. Baxter. / By Henry Stubbe of Ch. Ch. in Oxon.	Stubbe, Henry, 1632-1676.; Stubbe, Henry, 1632-1676. Vindication of that prudent and honourable knight, Sir Henry Vane, from the lyes and calumnies of Mr. Richard Baxter, minister of Kidderminster.	1659 (1659)	Wing S6045; Thomason E1841_1; ESTC R209626	97,955	192

AN ESSAY In Defence of the GOOD OLD CAUSE OR A Discourse concerning the Rise and Extent of the power of the Civil Magistrate in reference to Spiritual Affairs WITH A PRAEFACE Concerning The Name of the Good old Cause An Equal Common-wealth A Co-ordinate Synod The Holy Common-wealth published lately by Mr. Richard Baxter AND A VINDICATION OF The Honourable Sir HENRY VANE from the false aspersions of Mr. BAXTER By HENRY STUBBE of Ch. Ch. in Oxon. Vincat Veritas London Printed in the Year 1659. A premonition to the Reader BEing unexpectedly called to this worke by the good providence of God in our late changes I must begge thy pardon of what judgment soever thou art for severall imperfections that may have happend in the attempt If thou art a friend to the Good old cause I be 〈◊〉 thee to excuse the defects of a person whose reall inclinations thou canst not question without wronging the greatest innocence in the World I have hast'ned the work that so my forwardness might recompense all other miscarryages what is now but an Essay may hereafter grow up to a just defence If thou art one who dissentest any way from me I must further acquaint thee that excepting the preface I never saw three of these sheets together they were never transcribed and in the writing as new passages did occurre to my memory so I pasted them on sometimes not where they should have come in but where I could conveniently place the labells so that if there be any lapses of Memory small incoherences transpositions or other errours as are the products of unusuall haste I must either entreat thy pardon or submit to what severity thou canst make use of after this acknowledgment in any part which is but as it were the fringe of the ensuing discourse I assure thee I have not imposed upon thee any citation but for the Truth of them thou must have recourse to their originals and not to versions which may deceive my adversary but have not me That Mallela whom I quote is a Greeke manuscript in Oxford library I think I have deserved moderation from all men unlesse Mr. Baxter quarrell with me whom I have dealt more roughly with then other wise I should because he seemed and I am informed was instigated by the Courtiers to revile in so opprobrous a manner the abettours of a Common-wealth if I am too confident against him and some others whom I name not I throw my self at the feet of the more learned and judicious Episcoparians if they convince me I shall lay my hand upon my mouth and willingly become a proselyte to Truth It is upon this account that as I professe my self to publish my own opinions without interesting any other in the debate so I have chosen no dedicitour being loath to engage any into the patronage of what upon a sober refutation I my self shall retract as solemnly as I do now d●vulge it I aime at nothing but Truth nor do I write to serve any party or designes of any men If any shall think me worthy of being their convert they shall not need to print against me I shall do them as much justice who being loath to write against a book with this Title may advise me by Letter as any who shall appear in print and I onely further adde that I desire they would calmly argue and not disquiet me 〈◊〉 ●●opular harangues and preach●● such as conclude nothing and 〈◊〉 ●nall reflections since I know 〈…〉 it is for men to say that he 〈…〉 a Toleration of all opinions is himself 〈◊〉 I do declare that there is no necessity of that and my history of Toleration will evince it and moreover I owne entirely Perkin's doctrine in the chaine of Salvation and if I differ from Beza about punishing hereticks I know not how I am bound up to call any man Master I must also desire the errata of the printer may be excused for I have not had any opportunity to revise any proofes From my Study in Ch. Ch. Oxon. July 4. 1659. Henry Stubbe The Preface I Am not ignorant with how much hazard any man writes in these days of ours but to write now and for THE GOOD OLD CAUSE which especially where I live is often mentioned with detestation reproach and scorne is to contend with all the discouragements that might terrifie one from becoming an Authour Some there are who like to Alexander the Copper-smith at Ephesus decrye the Goodnesse of what their interest leads them to condemne others question the Antiquity and doubt whither this Sumpsimus be more old then their Mumpsimus To the former I endeavoured a reply in the Treatise ensuing Of the latter sort of men I desire they would consider That it is not denyed but at the beginning and in the carrying on of the late Civill warres there were sundry causes that engaged severall parties into that Quarrell against the King particular Animosiities Scandalls sense of future Emoluments great or lesse Defence of Liberties and Religion under different garbs and apprehensions These besides what the publick declarations of Parliament held forth whilest neither the priviledges of Parliament nor the Liberties of the people on the one hand nor the Corruptions of a King of whom I may say as of Lewis the Eleventh of France All his evill councill did ride upon one horse were suffic ently discovered and the meanes for establishing the ●●rst and redressing such inconveniences a● the last might create us unthought on or at least such as might not be proposed to a Nation half-prejudiced for an inveterate Monarchy These were the incentives which prevailed with men to contribute to the effecting of such changes as we are witnesses of in England Yet had there been tenne thousand other motives I should not count it a Sole●s●e but Truth to say That LIBERTY civill and spiritual were the GOOD old cause And however some may say that it was none of The Old cause to assert any proper Sovereignty in the people yet I must tell them that the vindications of the Parliament against the papers of the King then in being shew us that such a Sovereignety was presupposed and if it were not the old cause it was the foundation thereof and avowed for such those rights and liberties of the people the maintenance of which occasioned the warre had not been the voluntary concessions of Kings but either of Usurpers or enforced from such as did not usurpe in person though in deed their whole succession was but a continued usurpation If the Soveraignty were elsewhere stated it was onely the executive part which is but an improper Soveraignty the Legislative paramount Authourity and concernes of the people had been long before avowed by Lawyers and Divines of the chiefest rank If it was none of the cause of our warre to change the Constitution of the Common-wealth into any other forme then we found it in I answer that that needed not to be since the forme

quàm pleno subsellia nostra Senatu Decernant infame Jovis pulvinar L. 1. Coner Symmach omne Idolium longè purgatâ ex urbe fugandum Quà voc at egregii sententia principis illùe Libera cùm pedibus tum corde frequentia transit NEC LOCVS invidiae est NVLLVM vis aspera terret Aute oculos sic velle patet cunctique probatum NON JVSSVM solâ capti ratione sequuntur Denique pro meritis terrestribus aequa rependens Munera SACRICOLIS SVMMOS impertit HONORES Dux bonus CERTARE sinit cum laude suorum Nec PAGO implicitos per debita culmina mundi Ire viros prohibet quoniam coelestia nunquam Terrenis solitum per iter gradientibus obstant Ipse Magistratum tibi Consulis About the same time I finde one Iustus of Rome made Governour for Asia a Zelot for Paganism sent from Constantinople thither where he found another ruler in Sardes called Hilarius who did sacrifice together and erected as it were an Academy of Heathens which they sent for from all parts and Eunapius was there with them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Crysanthius and Hellespontius Philosophers Eunap in vita Chrysanthii p. 188 c. ipse Tribunal Contulit auratumque togae donavit amictum Cujus Relligio tibi displicet ô pereuntûm Assertor Divûm Nor is this true only of the Heathen that he tolerated them the Sectarians found the same favour viz. Arians Novatians Macedonians and Eunomians none of which Theodosius molested Eunomius only excepted whom the Emperour exiled not his followers and that upon a breach of Civil obedience 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. because he raised Conventicles at his private house WITHIN Constantinople recited such speeches as he had written with a Rhetorical ostentation and infected many with his Doctrines He disquieted not the rest neither constrained them to his communion but licensed every one of them to frequent several conventicles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to embrace what opinion liked them best in Christian Religion And as he gave leave to all other Sects to erect them Churches WITHOUT the walls in the Suburbs so commanded that the Novatians maintaining together with him the faith of one substance should freely without disturbance and molestation enjoy and recover their former Churches within the Cities Socrat. Scholastic Hist Eccles lib. 5. cap. 20. And if he made any Laws against them you may learn out of Sozomen how to understand them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hist Eccles lib. 7. cap. 12. This Emperor made a law So Constantine the great made laws against Hereticks rather for shew and terrour then that he ever executed them So Sozomen tells us how the Novatians suffered little prejudice by any lawes of his for saith he I think the Emperour willingly did laxe those decrees as purposing rather to terrify then damnify his subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sozomen l. 2. c. 30. And who were those of his subjects whom he was so tender of The Novatians Cataphryges Valentians Marcionists Paucli●ns and all other Heretiques 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id ibid. that the Sectarians should have no Assemblies nor make any profession of their faith nor ordain Bishops and Pastours and that some of them should be banished citie and countrey others should be rendred infamous and not any way be publikely preferred as others were and this he enacted with severe penalties which nevertheless he did never inflict For he did not ordain these things with an intention to punish but to terrifie his Subjects that they might better agree in Religion and he used to commend those who were voluntarily converted The learned Bodin in his book de Repub. lib. 4. giveth the like account of Theodosius how at the beginning of his reign he found all the Empire full of Arians who were grown to that heighth and power under the Arian Emperours that they had strengthened their Doctrines by eight several Councils assembled at sundry times at Tyrus Sardis Sirmium Millain Seleucia Nice Tarsus and Arminium in the last whereof there were assembled 600 Bishops almost double the number of the first Council at Nice in which the Arians were condemned and the Nicene Creed made and might as well be called in the Language of those times if not better Oecumenicall who all unanimously avowed the doctrine of the Arians yea prosecuted the dissenters wich punishments and proscriptions yet did not Theodosius suppresse the Arians by punishments though he did hate them deadlily he granted to both parties Arians and Catholiques their severall Churches and in the Cityes each of them had their Bishops and though at the earnest solicitation of the Catholiques he did publish sundry edicts against them yet did he not put them in execution as his letters to Ambrose demonstrate in those words resigne unto the Arians the Church for all is in my power As for the Jewes to give an account of them once for all I finde them to have been persecuted under the heathen Emperours of Rome at the same time with the Cristians who were by the Heathen too called Judaei and it hath been a conjecture of mine that their sufferings had not a greater affinity then possibly the causes inducing the Heathen to such rigour were resembling I allready told you how the Christians did believe the personall reign of Christ their Messiah The Jewes after the destruction of Jerusalem did expect the coming of their Messiah and that he should rule the World Least any danger to the Empire might arise from these opinions which were divulged up and down by both parties the Romans I imagine may ading other motives and fictions against them have persecuted them especially having fresh in their memories how amongst other encouragements that Vespasian had to assume the Empire it was none of the meanest that Josephus the Historian accomodated to him the Prophecy of the Messiah telling him Thou shalt be both Caesar and Emperour as also thy Son thou art not only my Lord but Lord of the Sea and Land and of all Mankind As he himself relates it and Suetonius in the life of Vespasian and Orosius who further thus wordes the Oracle given to Vespasian at mount Carmel Sortes Carmel portendisse exortos a Judaeâ rerum potituros In which fullfilling of the prophesy since the Jewes did not acquiesce it was a remaining pretense for others to make use of either out of flattery to strangers again or out of interest for themselves as they did under Barcochebas in the t●me of the Emperour Adrian Under the Christian Emperours from the times of Honorius Arcadius Theodosius Primus and so upwards Selden de jure naturali gentium l. 2. c. 9. p. 243 c. though they had lost their City and Temple yet were they in a very flourishing condition They had severall famous Academyes or rather Commonweals such as the Soriana Pombodithana Nehardacensis besides their multitude of Synagogues and great immunityes

was not nor is now changed The Petition of right and other laws in being had already deposed Monarchy and we were onely to improve not create a Republick They who manage these objections had reduced us to that posture as a very little alteration in an invidious name and some other circumstances might secure the people in those Privile●ges and immunities from which they would not recede Whereas it is said further That the Soveraignty being mixed or distributed into the Hands of King Lords and Commons no part had Authority to change the Constitution I shall not aske these men How the Commons came to be admitted to share in that mixture of Government But to me it is indubitable that since the end of the establishing a King and Lords was the welfare of the people and Commons whatever distribution of Government may have been enacted yet it is the end that regulates the meanes and renders them useless and rejectaneous upon occasion and hereof either the Commons must be Judges who feele the Pressing inconveniences of the meanes controverted or else they who reape advantages by such deviations and grievances and who are too much interessed to determine aright If Pharaoah may judge he will say the Israelites are idle rather then oppressed with burdens If there be any yet so obstinately perverse as to explode the Title upon this account yet cannot any deny but that it is an Old as well as Good cause in opposition to the Instrument and that most non-sensicall paper called the petition and advise of such a juncto as must never be reputed of hereafter but with the infamy of Parlamentum indoctorum or a Parliament that lacked learning and wit or Honesty and it is so farre from impossibility that it is not abfur'd for the same thing in a different respect to be New and Old I shall illustrate this by something which if it be in it 's own nature lesse convincing yet it is not to be rejected by our most implacable Adversaries How often have our Parliaments declared this or that to be a fundamentall right and the birth-right of the subject which yet is not to be found established or bottomed upon any thing but that claim antecedent to our constituted laws whereunto Nature doth imbolden us That which the Parliament under the first acknowledged cause did avowe as the fundamentall constitution of this Kingdom that the Soveraignety thereof was mixed in a King and two Houses of Lords and Commons with severall other things of the like nature cannot be justifyed but by such a defence since the Monarchy is supposed to be founded at the Conquest or if we will rise higher yet will no enquiry direct us to a mixture of Soveraignety such as the Commons fundamentally share in there being no such order of Estates if I may so call it untill Henry the first and for their power it may be better disputed then proved by any other way then what will evince Our Cause to be Old as well as their priviledges c. Fundamentall I cannot informe my self of any other manner whereby to justify that Protestation of the Commons which is recorded by Dr. H●ylin in his Ad●e●t sement on the History of the Reigne of K. James And Rushworth in his collections The protestation of the Commons Jac. 19. 1621. THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Jurisdiction of Parliament are the ancient and undoubted Birth-right and inheritance of the Subjects of England and that the arduous and urgent affaires concerning the King state and defense of the Realme and of the Church of England and the maintenance and making of Laws and redresse of mischief and grievances which daily happen within this Realme are proper subjects and matter of Counsell and debate in Parliament And that in the handling and proceeding of those businesses every member of Parliament hath and of right ought to have Freedom of Speech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have likewise Liberty and Freedom to treat of the matters in such order as in their judgment shall seem fittest and that every member of the said house hath like Freedom from all impeachment imprisonment and molestation other then by censure of the House it self for or concerning any speaking reasoning or declaring any matter or matters touching the Parliament or Parliament businesse And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advise and assent of all the Commons assembled in Parliament before the King give credence to any priv●te Information This and many other Parliamentary expressions though True In the Civil Law he wh● was mode compleatly fere and one of the ingenui though his Mother had been and were a Servant or bond-woman and his birth Servile yet upon such his enfranchisement he was said natalibus restitui to be restored to his BIRTH-RIGHT that is not to such as he was borne to by his immediate parentage but such as appertained to him by descendence from Adam L. 2. D. de natalib restituend as it is cited by Selden de jur natur l. 2. c. 4. p. 163. just and equitable in former and later days can in my judgment be no better verifyed then the Old cause when most disadvantageously looked upon as being no otherwise Laws Priviledges and undoubted Birth-rights then that they should and ought to be so But to proceed I often communing with my own soul in private use to parallell our bondage under the Norman yoak and our deliverance there from to the continuance of the children of Israell in Egypt and their escape at last from that sla●ish condition and as the severall providences attending them in their journey into the land of promise have created in me thoughts of resembling mercies and distractions that have befallen us in our progresse to Freedom so particularly the late dispute about the Good Old cause did cause in me some reflexions upon the course which Moses tooke to disengage the people of the Lord in those days from their servitude God tells Moses that he would bring the Israelites out of the affliction of Egypt unto the land of the Can●anites to dwell there Exod. 3. v. 10 16 17 18. And this Message he was to impart unto the Elders of Israel Yet withall as Philo Judeus saith and the circumstances of the text render it certain he is commanded he and the Elders of Israel to say unto the King of Egypt the Lord God of the Hebrews hath met with us and now let us go we beseech thee three days journey into the wildernesse that we may sacrifice to the Lord our God Exod. 4. v. 29. So Moses gathered together all the Elders of

ad Dei culturam accedere aliquos oportere sed rationabili consideratione magis rogare ut Christianorum numero applicentur ab iis qui huic sacratissimae legi deserviunt Justum enim verumque conspicimus ut sicut petentibus culpa est si negetur ita non petentibus si tradatur iniquum Sed nec hoc aliqui metuant quod a nostrâ gratiâ divellantur si Christiani esse noluer in t Nostra enim clementia talis est ut a bono opere non mutetur The sum of which is That Christianity is not to be enforced that God requires the heart and sincere affection not outside worship And that he should favour the Christians but yet not any way disrespect them who should be ●otherwise minded Baron annal Eccles ad annum 324. § 81. In fine the Roman Cardinal concludes that it is evident how they are deceived who think Constantine did shut up the heathenish Temples Eunapius in the life of Edesius saith that when Constantine turned Christian and built them Churches one Sopator a Philosopher went to him to reclaime him from those proceedings and did so farr gain upon that Emperour that he seated him at his right hand openly in places of solemn appearance which was incredible for to be 〈◊〉 or related 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eunap in vita Edesii p. 3● 36. and prohibited their rites or made use of force in the propagation of Christianity id ibid § 91 92. And if any allegations to the contrary of what hath been avowed can be produced and find credit in an age so convinced of the many forgeries in cases of antiquity which have so great a subserviency to the ambition and interest of a sort of men in our days I must either say it was done upon a secular and politique account for preservation of the civil peace when men began to opiniate it and promote faction instead of religion as the Jesuits in England now suffer for sedition in owning a forreign power paramount to what is amongst us and able lawfully to dispose of our dominions and lands for dissenting from him and not for their Religion Or if it can be cleared that either the Heathens or Heretiques which are in the same condition and from whom God expects equally a willing heart and unfeigned services did suffer banishment as four or five together with Arius did or death or confiscations upon any other score I think Constantine did not onely swerve from his protestations in the East and West but from the truth as farr as the East is different from the West However if Constantine did banish Arius and a few others which yet is controverted the same man did exile Athanasius nor need we doubt that the Arians and Novatians had a toleration under him since under his Son they over-ran the whole Empire and it is credibly reported how they perverted him too before his Death It is very observable which Sozomen relates l. 2. c. 30. That before Constantines reign whilest Christianity was under persecution though there were a multitude of Sects and Heresyes yet did men of all professions as they suffered under one common name so did they entertain a joynt communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is true some may say that this union of theirs was to be attributed according to Sozomen not to any other cause then their common calamity which made them unable to molest each other which I confesse is an exception which the very words seem to suggest as I have represented them but it is no lesse true that he calls that molestation wherewith they could not disquiet each other a pragmaticalness and the sense may be that being all sufferers upon one cause among the Gentiles whatever they might otherwise have done upon the accompt of different judgments yet upon the account of common afflictions they could not be over-busy to disquiet each other not that they did not know each others differences or that they would communicate when communion was sinfull for who will ever believe such a thing of the Novatians and Cataphryges but because they thought them to be reall which could suffer for the name of Christ and agreeing to dye in the profession of the Gospel could not morally and in equity for otherwise they might have been excommunicated be molested for curiosities such as busy-heads might finde out Upon this account it was that though they had their particular meetings or Churches into which they were associated and wherein they did make their speciall confessions notwithstanding those several-tyes of Assemblies they did occasionally conserse with each other that owned the name of Christ nor though they were never so small a number did they separate from them till humane policy began to mould a Catholique Church and carnall prudence accomodated all to civill ends And after that Constantine had made an Edict against all Heretiques that they should unite to the publique Churches and have no private Assemblyes of their own Sozomon l. 2. c. 30. yet was not that law observed or made with an intent that it should be observed as I prove elsewhere but the Novatians differing from the Orthodox onely as Puritans from Episcoparians as one may say were tolerated at Constantinople in their free Assemblies having their proper Bishops as also at Alexandria and Rome untill the time of Honorius and Theodosius the younger under them it was that the Novatians were at Rome suppressed and their Churches which were many taken from them and their Bishop together with the great multitude of his adherents forced into corners But neither this nor the like act at Alexandria was done by Imperiall Authority but by the growing mystery of iniquity in Pope Celestinus and Cyrill of Alexandria who began to exercise a civill rather then Ecclesiasticall power Socrates is positive in this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But in Constantinople they were not molested Socrates lib. 7. cap. 7 11. Nor were the Novatians only tolerated in their Religion and way of Worship but preferred unto Secular Honours For Chrysanthus the son of Marcianus a Novatian Bishop who was himself at last chosen Bishop of the Novatians was at first a Commander under Theodosius the great prefect of Italy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and afterwards Vicegerent in the Brittish Isles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Socrates relates it in the same Book ch 12. And this Socrates did live in those times whereof be writes The Macedonian heretiques of a deep dye for they admitted not of the Nicene faith had their Churches in Constantinople Cyzicum and other places under Theodosius II. and Valentinianus III. as Socrates tells us l. 7. c. 31. And as for the Arians their doctrine and differences were not only looked upon as pettite quarrells for which the peace ought not to be broken in the judgment of Constantine see the Lord Faulkland of infalibility But after the Council of Nice and that Arius was anathematised yea and