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death_n	day_n	lord_n	time_n	9,011	5	3.8322	3	true

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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

punished with excision or cutting off or the Law of Nature may lead us to condemn what it doth not enjoyn us to punish at least not this or that particular way This is evident as to the case in hand from the practise of sundry Nations and even that commandment which taught the Iew to keep the Sabbath and to condemn its breakers did not teach them what punishment they should inflict upon them Thus he that had gathered sticks upon that day was put in ward because it was not declared what should be done unto him Philo Judaeus de vita Mosis lib. 3. And the Lord said unto Moses The man shall surely be put to death all the Congregation shall stone him Numb 15.34 35. So the Blasphemer son of Shelomith though he had sinned against the Law delivered in the Mount Exod. 20.7 yet was he put in ward that the minde of the Lord might be shewed them and God commanded he should be stoned Levit. 24.12.16 Nor doth the example of God so punishing inferre that we ought to do in the like manner God by Moses punished Theft which is a breach of the Moral Law with a four-fold restitution amongst the Iews Exod. 22. v. 1. Luc. 19.8 Yet Mr. Selden shews how the strangers in Israel were punished for thievery with death as also amongst us they are Nor do I finde the usage to be condemned though every pettit transgression of the Sabbath we do not punish with death This then being a Political Law it cannot oblige us but upon the account of common equity and not as a part of the Iewish Polity for then all the judicial Law would be introduced into Christianity and since common equity nor the example of God doth not determine necessarily of the greatness and manner of the punishment I conceive a moderation requisite lest for the uncertain satisfying of one Law we run the certain hazard of breaking another which is that of committing no murther This will much more appear if we consider that the prohibition Exod. 22. v. 20. Is directly against Sacrificing which he that shall expound to be any sort of worship which is commanded not to be appayed to other Gods but Jehovah It is very hard measure and a Zeal not according to knowledge that because the law may without retre●ching upon impossibility be expounded so therefore the man must dye speaks more then is in the Text or can be necessarily deduced from any other places of Scripture wherein if it be sometimes used for worship in generall it doth not follow that it is alwayes so used and consequently that it must but that it may be so here The whole is a fallacious arguing from the punishment of one determinate species or kind of transgression with death to the punishment of all that agree therewith in a more large and genericall relation Adultery may be and is by our lawes punished more severely then fornication yet are both forbidden by the same commandement As for the place in Deut. c. 13. it is directed against prophets and dreamers things not to be heard of in our dayes in which those delusions as well as gifts are ceased and that of Deut 17. v. 2. c. is a punishment of corporall adorations and service paid to the Sun Moon and host of Heaven of which I know not nor do I hear of any among us However since this text thus urged maketh against Paganisme and its toleration I desire that not onely the practise of the Jewes but of the primitive Christian Emperours be considered and it will be evident how they did not think themselves concluded thereby It is no good argument which doth not weigh all circumstances the opponent must prove that all Common-wealths must be as to this point like unto that of Israel that their Magistrates have the same duty incumbent upon them though by the way to destroy Idolaters and seducers thereunto Hebraeorum meribus Hebraeus a Deo Dei lege deficiens aut ducem se ad f●lsos cultus praeb●ns Deut 13. ● illico a quovis homine poterat interfici Judicium Z●l● id vocabant Hebraei quod a Phinea primo exercitum aiunt Num. 25. inde ablisse in morem Sic Jud●um quendam Graecis se polluentem ritibus occidit Matthias 2 Maccab. 24. Sic trecen●i alii Judaei a p●pularibus suis occisi reseruntur libro qui vulgo dicitur Maccabaeorum tertius Nec alio obtentu instituta lapidatio in Stephanum Act. 7.57 conjuratio in Paulum Act. 23.13 multaque alia exempla eiusmo●i ex●ant apud Philonem apud I osephum Grotius de iur bell l. 2. c. 20. §. 8. was no Magistraticall act and what wonder is it if Jehu Josiah and Elijah do that which any member of that politicall constitution might doe And that the same power not only ought to be but is actually enstated in them And when they shall have proved this we shall grant them liberty of extirpating their Idolatrous subjects In the mean while I desire it may be observed that though it be argued out of the Text Deut. 13. v. 10 11. that the precept is urged with a perpetuall reason therefore its force is everlasting Cur ob eum finem perlata lex dicitur que perpetuò valere debet Sic enim scribitur in extrema lege Vt omnes Israelitae audiant timeant nè deinceps rem adeò nefandam designent Beza de pun haeret Thou shalt stone him with stones that he dye because he hath sought to thrust thee away from the Lord thy God And all Israell shall hear and fear and shall do no more any such wickednesse as this is among you The latter part of which words however Beza would make them to be a reason for the Action yet from the words I can gather no more then that God to whom nothing is hid saith that by way of event it shall happen that such exemplary punishments shall be attended with the consequent of Israel's obedience nor will collation of texts help us to any more full and also necessary deduction And as for the former part because he hath sought to thrust thee away from the Lord thy God though I should grant the reason to be perpetuall yet doth not it therefore in Scripture ratiocination follow that the law is to be perpetual Such is the case of abstaining from blood Levit 17. v. 10 11 13 14. not to instance in other laws is not that of the Sabbath enforced with a perpetuall reason as to the determinat day and yet do not Divines absolve us from the obligation thereof Is it not now as true as ever that in Six dayes the Lord made Heaven and Earth and rested the seventh day wherefore he blessed the Seventh day and hallowed it As for Mysticall or Figurative Idolatry I understand not how this text can with any pretense be urged against it unlesse they will find out some Analogicall punishment

his Annotations When Valentinian and Valens began to reign Maximus and Priscus the two Philosophers were impeached before them and the former was fined and banished into Asia for a Magician not Pagan and the latter was dismissed honourably Eunap in vit Maximi p. 97. yet Kharchus an Heathen being Governour of Asia after did free Maximus and reconcile him to the Emperor Ibid. p. 102. Valentinian in the beginning of this reign being willing to suppress all Sorcery and Witchcraft enacted that no rites of sacred worship should be performed by night which Law is recorded in the Code of Theodosius Tit. de Malefic cap. 7. but when Praetextatus Pro-Consul of Achaia had freely certified Valentinian how that law would ensnare all of the Greek perswasion that is Pagans and deprive them of their lives if they should under so strict penalty be prohibited the practise of their most chaste rites and adorations Valentinian did permit that the Greeks which is a common name for all Heathens should retain the worship of their Ancestours as Zosimus recordeth it in the beginning of his fourth book Which Decree of his is not now to be found which I desire may be observed in opposition to those who imagine that our Codes and collections of old Laws are more faithful then the Volume of Decretals but mention thereof is made Cod. Th. lege 9. de Malefic for so the Emperour Valentinian writes to the Senate I think or judge that Augury hath no affinity with Witchcraft Haruspicinam ego nullum cum maleficiorum causis habere commercium iu lico neque ipsam aut aliam praeterca concessam a maioribus RELIGIONEM genus esse arb●tror CRIMINIS Testes sunt leges a me in exordio imperii m●● datae quibus VNICUIQVE quod animo imbibisset colendi libera facultas tributa eft Cod. Theod. l. 9. tir 16. l. 9. nor do I esteem of that or any other RELIGION tolerated by my Ancestours as criminal Hereunto the Laws bear me witness which I made in the beginning of my reign whereby I gave liberty to every man to worship accordingly as he thinks meet The same is recorded by Symmachus ep l. 10. ep 54. and Ambrose in his Oration concerning the death of Valentinian as also in his 30 Letter to Valentinian concerning the Altar of Victory It was to this Orthodox Valentinian together with Theodosius and Arcadius that Symmachus did write the Letter aforesaid in the behalf if not of all yet of a great part of the Romane Senate as Ambrose confesses in his reply thereto that they might continue in Paganism I shall instance in some passages as shew what a Toleration was then and had been before allowed to different Religions Speaking of the Emperours he saith Preximus corum ceremonias patrum coluit recenti●r non removit Merito Divi Constantii factum diu non stetit Omniavobis exempla vitanda sunt quae mox remota didicistis Accipiat aeternitas vestra alia ciusdem princ●pi● sacta quae in usum diguius trabat Nil ille decerpsit sacrarum Virginum privilegiis decrevit nob l●bu● sacerd●tia Romanis ceremoniis non negavit impensas per omnes vias aeternae u●bis laetum secutus Senatum vidit plac●do ore delubra legi● in cripta fastigns Deum nomina percunctatus est Templorum origines mira●us est conditores Cumque alias religiones ipse sequeretur has servavit imperio the former professed Heathenism and the later did not abolish it And speaking of the Emperor Constantius how he removed the Altar of Victory from the Senate-House he addes That Act of Constantius was of no long continuance such examples are not to be followed as have been instantly abrogated There are other acts of his more presidential he did not diminish the priviledges of the Vestals he preferred the Nobless to the Sacerdotal dignity he did not refuse to defray the charges of the Roman solemnities and going round the citie with the Romane Senate he was not displeased with the sight of the Temples and Statues he read the inscriptions of the gods enquired about them and being himself of one religion he allowed the Empire another By the way I am to observe that not only Ambrose and Gregory Nazianzen but the Orthodox Emperour Valentinian were not baptized till they were much elder than is the custom in our time to say nothing of Constantine who whether he were baptized or not is uncertain so for Constantius the first was not baptized till he was to be made Bishop of Millain the second not till he was pretty aged Theod●sius was not baptized till after he was Emperour although he were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sozomen hist eceles l. 7. c. 4. and the last having sent for Ambrose to baptize him dyed before he received that Sacrament as Ambrose relates in his funeral Oration upon Valentinians death Nor doth Ambrose in his reply deny the truth of such a Toleration being granted but addes further that at that very time in which he writ That the Christian Clergie had not the priviledge of common inheriting by the Laws in being yet did not they complain they were not capable of Legacies Quod sacerdotibus phani legaverit Christiana vidua valet quod ministris Dei non valet quod ego non ut querar sed ut sciant quid non querar comprehendi The same man grants that though the lands were taken away from the Heathen Temples they were still capable of gifts and Legacies Nemo tamen do●aria delubris legata aruspicibus denegavit sola sublata sunt praedia c. He grants they had Idols every where he only desires the Senate whither Christians were to resort might be free Non illis satis sunt lavacra non porticus non plateae occupatae simulacris So that it is evident in Valentinians time there was a free Toleration by his means which extended to the dissenting Christians Arians c. no lesse then Heathen For Suidas tells us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He himself was a Christian and Orthodox yet did not injure those that dissented from him He made Valens his brother an Arian his Colleague and recalled the exiled Arians as well as Orthodox Cedren As for Valens if he inclined to the Arians he tolerated the Heathens Richemenes was a Pagan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet was he likely to be chosen Consul saith Libanius in his own life and Ammianas Marcellinus saith he was Comes Domesticorum to Valens and both those writers did live in those times He was also an assured friend of Theodosius the great Zozim lib. 4. It is of Valens that Themistius speaks in an Oration published in Latine by Dudithus You have decreed that every one should follow his own judgment in matters of Religion Sanxisti ut in colenda religione suo quisque uteretur judicio neve vel authoritate cujusquam vel minis ad aliam sententiam quam non probaret traduceretur

for as such Idolatry is not absolutely Idolatry but in some proportion for the extent whereof we have no warrant either in the customary interpretation of penall lawes which are not to be extended nor in Scripture which prohibits all addition to the text upon so severe a curse as one ought not upon probabilityes to run the danger of it nor they dreamers or false prophets The Apostle Peter Epist 1. cha 2. saith indeed That as of old there were false prophets so under the Gospel there should be false teachers which should deny the Lord that bought them Of these he saith That their Judgment now of a long time lingereth not and their Damnation flumbereth not v. 3. yet doth not be say they ought to be murthered or otherwise afflicted as of old under the Law but leaves them to God to be punished as were those of Sodom he reserves the unjust unto the Day of Judgment to be punished v. 9 and those false teachers bring upon themselves sw●ft destruction va● which neither was then nor for some hundreds of years after inflicted on them by the M●gistrate In that place of Peter I further observe in the natural signification of the words That Heresie as it is elsewhere called a work of the flesh is distinct from their denying of the Lord that bought them So that pernicious Heresiae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not a spiritual thing but a factiou or seditious joyning and siding with some Opinionist but in some proportion the prophet and dreamer being expresly such as shall give a sign or wonder and seduce them to the worship of strange Gods or Idols of which kind he that would make every discrepant or false notion in Theology must have recourse to other Glossaryes then I can admit of why then is there no restriction upon the punishment Or if it must stand for all Analogical Idolatry I hope that before they be punished with death who are not termed Idolaters in Scripture though they be termed Heretiques and Schismatiques that they who are positively in Scripture so termed shall be the first sufferers and then the covetous will not scape free nor they who are most vehement for persecution since Covetousnesse is a work of the flesh as Heresy It doth not appear from the text Gal. 5.20 that Heresy is a worke of the flesh as we do usually take the vvord but it signifies th●re a s●iding or factious b●andying and which the latter is not called but distinct from it Gal. 5.20 Idolatry Coloss 3.5 But to shew the difference between Heretiques and Idolaters is it not sufficient that the old Law condemn●s them to death and yet from Ezras time or not long after Tolērated these and that the Apostle bids us only avoid whom they say kill fire banish Tit. 3.10 A man that is an Heretique after the first and second admonition reject 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 excuse your self unto so Luc. 14.18 knowing that he that is such is subverted and sinneth being condemned of himself Concerning Heresy the word is not alwayes taken in a bad sense the Sadduces are called an Heresy Act. 5.17 and the Pharisees Act. 15.5 and Christianity it self Act. 28.22 and as often as I hear it mentioned almost me thinks I hear men speak as of a People that in a time of idlenesse and implicite faith dare enquire into the state of things and imploy their judgment Surely the case is very hard if they who having done all that was in their power to try all things if they misse of the truth and hold fast not which is good but which seems so either thorough invincible ignorance or such as he that made us knowes humane frailty to be lyable unto if they I say shall not be in as good a condition as those who received the Truth without tryall and embraced it upon no better an account then custome education or interest But however that I have no aversion upon this account for Heresy when it is named yet I do not relish accordingly that of Heretique 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For this latter denotes a person given to change often choosing or apt to doe so now I am advised by the wise man Prov. 24.21 Not to meddle with those that are given to change whereunto I may subjoyne the Apostles reason prealledged knowing that he that is such is subverted and sinneth being condemned of himself Questionlesse the fickle and unstable minded are subverted in their principle and when they embraced that which is good they do it upon such an account as a Christian hath little reason not to reject or excuse himself to them and they having such a sense of their own instability that they are clouds carryed with a temper trees whose fr●it withereth without fruit mistake or offend and condemn themselves in such their lapses at least of a mutability not becoming the spirit of God The converse wich such is like what the Apostle saith of Younger widowes refuse them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the word is the same in both places For when they begin to wax wanton against Christ they will marry having damnation because they have cast off their first faith 1 Tim. 5.11 12. But allowing the common notion of the word if there be any common notion thereof or certain definition which I am ignorant of as not knowing in this case what to professe where the Spirit of God is silent let there have been such a thing in Pauls time when men could joyn to the Church of God and yet condemn themselves in such their practise whilst they embraced opinions different from what the Apostles upon whom the Church was built and who were as the Vrim and Thummim under the old Testament before the Captivity did reveal and determine of that such were to be declined after one or two admonitions that such were subverted that such did sin and were self condemned and might be known under the circumstances aforesaid for such is to me undoubted But why did not Paul having here occasion to speak of Heresy and what was to be done thereupon ordain or give some item that for the present they should only avoid them but in after times when they should have lesse of the Spirit of God and more of the arm of flesh to assist them then they should hang burn imprison and fine them No he was farre from that as Christ was from saying to his Apostles Go your wayes behold I send you forth as lambs among wolves for the present Luc. 10.3 but when you shall have got strength not that strength which I put upon you whereby Ananias and Saphira shall fall and others shall be delivered to Satan for the destruction of the flesh but saving the spirit but such strength as the Kings of this world will contribute unto you then do you become wolves also or if you retain your sheepish-nature at least put on wolves cloathing In a word the Heretick