cases too hard and difficult for them are commanded to goe higher to some superior Court and Assembly as those words cleerly show thou shalt arise and get thee up into the place which the Lord thy God shall chuse This place afterwards was Jerusalem as t is said Psal 122. 5. there were set thrones of judgement and in Ierusalem did Iehoshaphat set of the Levites and of the Priests and the chiefe of the Fathers of Israel for the judgement of the Lord and for Controversies 2 Chron. 19. 8. 9. 10. Ainsworth upon the place writes that by the Iudge that shall be in those dayes is understood the high Councell and Senate of Iudges which were of the cheif of the Fathers of Israel as they who are called Priests verse 9. are called verse 12. Priest so many Iudges are called Iudge only as among the Priests one was cheife so among the Iudges one was Prince 2 Chron. 19. 11. The Hebrew records say when any doubt aâ—ose in any case to any one of Israel hee asked of the judgement Hâ—ll that was in his Citie if they knew they told it him if not then hee that enquired together with the Synedrion or with the messengers thereof went up to Jerusalem and inquired of the Synedrion that was in the Mountaine of the Temple if they knew they told it them if not then they all come to the Synedrion that was at the door of the Court yard of the Temple if theâ— knew they told it them and if not they all came to the chamber of hewen stone to the great Synedrion and enquired and Interpreters generally understand these verses of Iudicatures and Courts in Israel and of the lower Courts going to the highest the great and high Synedrion Now I find no command noâ— example recorded in Scripture of any of the Iewish Courts Ecclesiast or Civil enquiring by Vrim of morall transgressions of what sort they were and what punishments the Committers of such sins should have but still they determined according to the Law and Iudgements Ezek. 44. 24. I never read of the high Synedrion either in Scripture or any other writers of it that they were wont to give their Answer by Vrim and Thummim If we observe those instances in Scripture of enquiring by Vrim wee shall see they are inquiries made of particular persons by the Priest not by a Court and of the high Priest not as sitting in Court nor as alwayes at Ierusalem nor of Criminall cases but of going in and out to warre and such like and whoever doth but consult with the Annotations of Ainsworth Diodate and Luther English Divines the Commentaries of Lyra Piscator and others on this place will confesse t is quite another thing is here spoken of then the judgement of Vrim 3. Amesius in his Cases of Conscience in his Answer to that question whether that Law Deut. 17. 12. of putting him to death who would not hearken to the Iudge and the Priest was just resolves it was and faith the equity of that Law will easily appeare and among other reasons gives this because that place speaks of disobedience in those things which out of the Law of God are cleerly and manifestly determined verse 11. so that wee see Ames judgement in the resolution of that case is that the Answer of the Iudge or Priest was made out of the Law of God and not by Vrim and it seems that learned men never dreamt of any such thing in this Deut. 17. for among all his reasons he mentions no such thing and certainly if that were the meaning of the place which Hagiomastix puts upon it that had been such a strong reason for the equity of putting those to death who would not hearken to the Priest giving them councell immediately and infallibly from God as that Dr. Ames could not have omitted it For if Mr. Goodwin who is so kind and charitable to all Atheists Antiscripturists Blasphemers Idolaters c in his Queries upon the printed Paper entituled an Ordinance against Heresies and his Hagiomastix as that he would have no coercive power made use of against them doth yet grant there was an equity in that Law that sentence of death should passe on such that would not hearken to the Priest speaking immediately and infallibly from God and saith that for his part if the Inquisitors now can give any satisfying account of any sentence awarded against Blasphemers Hereticks that comes by infallible Revelation from God hee shall thinke it equall and meet that hee that shall doe presumptuously and not hearken unto it should be put to death then Dr. Ames who was fully for the Magistrates coercive power in matters of Religion and for putting Blasphemous Hereticks to death could not have forgotten this reason Fourthly on Deut. 17. 8 9 10 11 12. is founded by the judgement of many great Divines that which is called the Councell the great Sanhedrin at Jerusalem the Seventy Spanhemius in his third part Dubiorum Evangelicorum page 800. 801. showes that by the command of the Law this very place Deut. 17. 8 9. to this supreame Tribunall of the Synedrion were referred all things whatsoever that could not be determined of the inferior Courts or were doubtfull and had tried the severall judgements of the inferior judges Gersom Bucerus in his Dissertat de Gubernat Ecclesiae page 62. quotes this Deut. 17. 8. 9. for the generall Convention at Ierusalem to which the hardest things were brought which could not be determined in the lower judicatories Walaeus in his Tractate de Discrimine muneris politici Ecclesiastici brings this place to prove the Synedrion or Colledge at Ierusalem that if among the Iudges or Priests in the lesser Cities and Townes there fell out some things of greater moment or if any one would not rest in their sentence the cause was devolved to higher Iudges who after Davids time had their Synedrion at Ierusalem as the cheife Metrapolis of Iudâ—â— Mr Gillespie in his Aarons rod blossoming 1. Book 3. chapt writeâ— thus T is agreed upon both by Iewish and Christian Expositors that this place holds forth a supream civill Court of Iudges and the Authority of the civill Sanhedrim is mainly grounded on this very text And as the high civil Synedria is founded here so many Divines show a supream Ecclesiast Sanhedrim distinct from the Civill is held forth in this very place to which the People of God weere bound as to the supream Ecclesiasticall Court to bring all the difficult Ecclesiasticall causes which could not be determined in the lower Assemblies in which Court they were determined without any other appeale of which the Reader may find more in Walaeus Gerson Bucerus Apollonii jus Magistratus circa sacra first part page 374. and second part second chapter page 48. and aboue all others in Mr. Gillespie his Aarons Rod blossoming Book 1. chapt 3. who at large handles this point that the Iewes had an
the campe and let all that heard him lay their hands on his head and let all the Congregation stone him Thirdly the declaration of the mind of the Lord in these two examples was no Answer by Vrim for besides that there is no mention in the text of the high Priest being spoken to put on the Ephod to enquire by Vrim neither doe any Interpreters understand it so both the texts are against it in those words And the Lord spake unto Moses saying bring forth him that hath cursed And the Lord said unto Moses The man shall surely bee put to death the declaration of Gods mind being to Moses immediately whereas in the judgement of Vrim it was to the Priest immediately so that these Answers of God were the Answers of a Law-giver giving Lawes and Penalties by the hand of Moses but not any new Interpretations and declarations of the meaning of the Law upon controversies and doubts arising and besides Gods way of answering Moses and answering by Vrim were different things as the Rabbins and other learned men who write of those things show Gods answering Moses and giving him Lawes and Commandements being by voice but answering by Vrim being in an other way by beholding the Breast-Plate and seeing therein by the Vision or Inspiration as these Scriptures Exod. 25. 22. Numb 7. 89. Exod. 28. 30. with Ainsworths Annotations expresse As for the immediatenesse of these Answers from God to Moses though not by the judgement of Vrim there were speciall reasons thereof God in an immediate way communicating to Moses all his Laws morall and judiciall Exod. 25. 22. and Moses being such a Prophet whom the Lord knew face to face and such an extraordinary man in severall respects as there was none like unto him Numb 12. 6 7 8. Exod. 33. 11. Deut. 34. 10 11. But for the Magistrates and Iudges that came after Moses to whom the morall Law and the Appendix of it the judiciall Law was given and delivered they were to proceed according to the written Law and there were in hard matters higher Courts consisting of a greater number more able to go to to determine what the lower could not then the highest of all the Synedrion at Jerusalem who were in all their judgements aboue morall transgressions to goe according to the Law of Moses as many Scriptures testifie Deut. 17. 11. c But no such Grounds after the whole Law morall ceremoniall and judiciall was published of immediatenesse of Answers from God to any of their Courts no not to the high Synedrion as to Moses who was to receive all for the first constituting of their policie according unto which all Courts and Iudicatures higher and lower were bound to goe Fourthly In these great and weighty cases of the Blasphemer and Sabbath-Breaker Moses did not presently passe sentence but made delayes put them in Prison till he knew the mind of the Lord and as for other reasons before alledged so for these following 1 to teach Iudges in matters of great weight of life and death not to be too sudden and hastie 2 in causes that are very hard to aske councell and to use all means to be well satisfied before they doe any thing In Ainsworths Annotations upon Numb 15. 34. the Reader may find the Chaldee paraphrazing thus This judgement was one of the foure judgements that came before Moses the Prophet which he judged according to the word of God Some of them were judgements of lesser moment and some of them judgements of life and death In the judgements of lesser moment of pecuniary matters Moses was readie but in judgements of life and death bee made delayes And both in the one and in the other Moses said I have not heard viz what God would have done For to teach the Heads or cheife of the Synâ—drions or Assises that should rise up after him that they should bee ready to dispatch inferior causes or money matters but not hasty in matters of life and death And that they should not be ashamed to inquire in causes that are too hard for them seeing Moses who was the Master of Israel had need to say I have not heard Therefore hee imprisoned him because as yet it was not declared what sentence should passe upon him Babington in his comfort Notes on Levit. 24. writes Moses although such a man yet will doe nothing hastily in judgement and especially touching life but he will be advised by God who then spake from betwixt the Cherubims Exod. 25. and Numb 7. But it followes not because Iudges and Courts of Iustice were to learne to be cautious and carefull in matters of religion for what they punish especially with death that therefore they may punish no violations in religion though expresly and directly against the word of God unlesse God doe immediately from heaven declare them Blasphemies c and such kind of Blasphemies which the Law intends death to And for a conclusion of my Answer to this Evasion of Master Goodwin of the judgement by Vrim in the cases of Blasphemie Idolatry Prophecying falsly the cleare reason why then they were punished with death but may not be so now that being ceased under the new Testament I shall say no more but this I challeng him among al the examples recorded in Scripture of punishing men with death imprisonment or banishment c for Blasphemie Idolatrie Prophecying falsly prophaning of the Sabbath marrying Idolatrous wives and other transgressions of Gods worship to produce any one Instance that by the Iudges or by the high Sanhedrin God was enquired by Vrim whether such and such facts were Blasphemie Idolatrie c and of that kind and nature intended by the Law as punishable with death or among all Classicall Authors Rabbins and others who have written of the customes of the Iewes of Vrim and Thummim of the Sanhedrin at Ierusalem to cite me out of them any passages that affirme the Iudges or the high Councel of Seventie at Ierusalem or the high Priest for them were wont in cases of Apostasie Blasphemie c. to enquire by Vrim and to passe sentence upon persons according to that Answer and not according to the law which if he cannot doe as I am confident upon serious search he cannot then the Reader may easily see what poor shifts this great Champion of the Sectaries is put unto to uphold his damned cursed cause of Toleration of all Religions and to elude the commands of God fore-named for punishing Blasphemers Apostates Idolaters and false Prophets Now among all who have written of the high Priest and of Deut. 17. 11 12. I find only some Papists going Hagiomastixs way as Tostatus Lorinus who from all places of Scripture of the high Priest drawing matter to the Pope for establishing his Authoritie doe from this place also that they may establish his Authoritie above the Scriptures and appeals to him in cases of Controversie as the sole infallible Judge speake of the
not cause to say Lord let any burthen of the Ceremoniall Law be laid upon our necks rather then this Thirdly unto the end of Christian Religion and the knowledge of it as it is written in the Scriptures particularly of the new Testament which is that Christians may have consolation and hope in life and death Rom. 15. 4. 1 Epist John 1. 4. Now there can be no solid comfort without certaintie and assurance of the truth of the thing in it felse at least which wee professe but in doubts fears uncertainties the soule must needs be in perplexities anxieties as upon the rack Feare hath torment 1 Iohn 4. 18. But Secondly the infallibilitie and certaintie under the old Testament by Vrim and Thummim of the Priest so much spoken of and magnified by Hagiomastix above that under the new was as much liable to questioning and doubts by cavilling and contentious Spirits as the way under the new and many exceptions might be made and Controversies to arise whether those who were to give sentence in cases of Religion upon the Answer by Vrim did according as they received it from God or according to their own corrupt affection and interest which considering what many of the Priests were under the old Testament corrupt and partiall and the silent manner of Gods Answer by Vrim might give occasion of questioning yea Hagiomastix himselfe supposes and implies in some cases a possibilitie of a wrong Answer and doing injustice after consultation with the glorious Ordinance of the Oracle of God as these words show So that except those that were to give sentence in cases of Religion had been desperately wicked end set upon bloud and had despised the glorious Ordinance of the Oracle of God amongst them they could not doe injustice Now t is evident there were high Priests among them and such who had power of sentence in cases of Religion that were desperately wicked who either might passe sentence without enquiring by Vrim or else not goe according to Gods Answer by Vrim but according to the lusts of their owne hearts Whosoever does but consider these examples following recorded in Scripture both of the Priests and other men going flat contrary to the mind of God and immediate Answers from him will not wonder but be satisfied The Priests in Ieremiahs time were desperately wicked and set upon bloud even upon having Ieremiahs bloud pronouncing sentence upon him This man is worthy to die and Thou shalt surely die Jerem. 26. 8 11. and there were many complaints by Ieremiah Ezekiel and other Prophets of the Priests and cheife Priests being out of the way through strong drink erring in vision and stumbling in judgement saying to a stock Thou art my Father and to a stone Thou hast brought me forth c offering violence to the Law and Prophaning of holy things putting no difference between the holy and prophane hiding there eyes from the Sabbaths the chiefe of the Priests transgressing very much and polluting the house of the Lord which he had hallowed in Ierusalem Esay 28. 7. Ierem. 2. 27. Ezek. 22. 26. 2 Chron. 36. 14. Now if the Priests would doe all this when they degenerated offer violence to the Law say to a stock thou art my Father pollute the house of the Lord and much more that is recorded in the Scripture of them then there is no question to be made but they might pervert the sentence by Vrim and give an Answer quite contrary to what they received immediately and infallibly from God therby condemning the innocent and clearing the guiltie making that prophecying falsly as in Ieremiahs case which was Prophecying truly making that Blasphemie which was none Yea they are particularly taxed for erring in vision and stumbling in judgement which words probably may be meant of their judgement by Vrim the Priests Answers in that way being cald the judgement of Vrim and judgement in divers places of Scripture as Numb 27. 21. Exod. 28. 15 29 30. So that for all Hagiomastixs cleer reason if the Priests were corrupt and partiall under the Law as some good Priests in some particular cases might be and were as Aaron in the golden calse Eli in the matter of his sonnes Hophni Phinehas and wicked ones would certainly be the Iews might be in danger in matters of Religion to be punished unjustly then in those dayes notwithstanding their Priests had immediate and infallible Answers from God as well as Christians now under the new Testament besides if we consider what the way of Answering by Vrim was and that as distinguished by Rabbins and other Divines from some other wayes of Gods Answers not by a loud voice that all who came to enquire might heare the Answer as well as the Priest but in a silent way and manner revealed only to the Priest either by inspiration or by looking into his breast-Plate upon the darknesse or brightnesse of his Iewels by which he knew or by some letters in the breast-Plate in which he read the will of God and so by the Priest communicated to the Iudges and standers by but if the Priests would pretend other Answers from God then he gave how should the Iewes disprove them and what more certaintie had those who in difficult doubtfull cases came to the high Priest to enquire by Vrim seing they received the Answers not from God immediately but from the high Priest and the Priest might possibly deceive them in cases falling out about their own children or neer bloud showing partialitie and affection then may be had by us now in these times nay going according to Master Goodwins Principles that the sentence of the high Priest was by Vrim and not by the Law the judgement of Vrim from the Priest was the supreme and last Iudge in case the Priests would be false as in some particular cases they might the Iewes were in a more uncertaine and worse condition then if to be judged by the Law or wee in these dayes who if our Magistrates and Iudges should degenerate might appeale to the Scriptures and urge them to them whereby to convince them but so could not the Iewes according to Hagiomastixs Doctrine the Priest by Vrim being appealed to in cases where they suppose the Law could not helpe and lastly if wee consider how Prophets under the old Testament who were as immediately and infallibly inspired as the high Priest by Vrim yet in all their Answers and Dictates were not without all possibilitie of mistake as is evident by Nathans Answer to David 2 Sam. 7. 4 5. c nor without all danger of deceiving those they spake to as is to be seen in that example of the old Prophet in Bethel 1 Kings 13. 11 17 18 21. and divers other places of Scripture speaking of Prophets wee may easily conceive how Magistrates and Iudges then might be liable to error as well as now especially if they tooke all the Priests and Prophets said without comparing and examining
learned men well setled in the faith may understand and beleeve certainly and not be led away with their error to fall from their stedfastnesse as that place in 2 Pet. 3. 16 17. implies That Controversie in Acts 15. about keeping the Law of Moses and circumcision was hard and difficult considering that time and state of the Church as appeares by many passages in that chapter and yet from the Scriptures by the means of a Synod after much disputation and debate the truth was certainly resolved on and so received by the Churches who when they heard it rejoyced in it Asts 15. 21. Secondly The Spirit of God in and by the Scriptures doth infallibly and certainly assure and perswade the heart of the truth of the Doctrines of faith t is a good saying of Luther The holy Spirit is no Sceptick neither doth it write doubts or opinions in our hearts but assertions more certaine and firme then life it selfe and all experience The illumination inward Teaching and Perswasion of the Spirit certainly assures us of the truth of the Doctrines of faith John 16. 13. 1 Cor. 2. 10 11. 1 Ioh. 2. 20 27. 1 John 5. 6. The Spirit of truth guides into all truth It is the Spirit that beareth witnesse because the Spirit is truth which Spirit as it seals and confirmes in our consciences the truth of all the Doctrines of faith and salvation so also it certainly perswades us those Books to be Canonicall from whence all those Doctrines of faith are drawn But concerning these points of the Scriptures being the infallible inflexible Rule and the Spirit of God speaking in and by the Scripture being the supreme infallible Iudge in Controversies of Religion and of the Plerophorie wrought in the minds of the faithfull concerning the Scriptures and the Doctrines of faith therein contained by the illumination and inward perswasion of the Spirit and that every mans private Spirit is not thereby made the Iudge of Controversies I referre the Reader for full satisfaction to the learned writings of Whitaker against the Papists upon that Controversie of the Scriptures De Scripturae Authoritate perspicuitate Interpretatione of Rivet in his Catholicus Orthodoxus first Tract Question 8. 17. and his Isagoge ad sacram Scripturam cap. 19. 20 21. of Davenant De Judice ac norma Fidei cap. 13. 30 32 33. and Cameron de ecclesiae constantia in retinenda veritate 291. 292. 3. Besides the certaintie and Infallibilitie by the Scriptures and the Spirit of God there is a certaintie in points of Religion even points controverted for Christian Magistrates to attaine unto by means of the Ministerie of the word in the preaching of Pastors and the Advice and resolutions of Synods and Councels for next after the absolute supreme judgement of the Scriptures and the Spirit in questions of faith God hath appointed a publick Ministeriall judgement of Pastors and Synods who have a delegated power from the supreme Iudge that what the Law hath defined in general they should according to the rule of the Law apply to particular cases Controversies and Persons Now however these Ministeriall Iudges are subject to error and mistake Synods and Councels may erre as the most earned Protestants hold against the Papists yet for all that they may certainly and infallibly judge in matters of faith yea and have A man may certainly know some things and yet not be infallible in all things A Physition is not infallible in judging of the nature of all drugs herbes c yet he may certainly know the nature of some drugs and that such a thing is ranck poison of which the Reader may find more in the Vindication of the Ordinance against Heresie Blasphemie c to which Hagiomastix answers never a word in his pretended Answer T is one thing to be subject to error posse errare and another thing actually to erre de facto errare it followes not because Ministers and Synods may erre that therefore in all particular Articles of faith propounded by them they do erre T is a knowne Axiome in the Schooles Aposse ad esse non valet consequentia And therefore Ministers and Synods in their Interpretations and Decisions going according to the word of God which is infallible judge infallibly and may be said to be infallible in their determinations in those points Hee that is directed by an infallible truth in his determinations he determines infallibly although he be a man of a fallible judgement Thus many Orthodox Councels and Synods in great Controversies and maine points of faith have determined the truth certainly and infallibly and so propounded them to the Churches to be certainly beleeved not that they thought their judgement to be infallible but that they knew the word of God according to which they judged to be infallible Doctor Davenant in his learned Tractate de judice ac norma Fidei in answering the Arguments of the Papists that General Councels cannot err and among others this that if all Generall Councels can err then it certainly followes that all Councels have admitted intolerable error answers T is one thing posse errare another thing de facto errare every particular Pastor mayerre as also every particular Councell yet therefore they doe not admit intolerable error as often as they propound to the People that which is drawn from the word of God where he further showes how a man may be said to judge infallibly that yet is fallible and for conclusion of this I desire the Reader to observe two things First that Synods and Councels however in themselves fallible and subject to erre yet being Lawfull quoad id quod requiritur intrinsecus and going according to the Scripture their results and determinations are from the holy Ghost and so infallibly and certainly true as that of Acts 15. 28. demonstrates It seemed good to the holy Ghost and to us which words a Synod having like cleare evidence of Scripture may without presumption use as well as that Councell at Jerusalem did for proofe of which kind of infallibilitie besides what I have already said p. 140 141 of this Booke I shal adde the judgement of learned Whittaker upon the words Other Lawful Councels may in like manner lassert their Decrees to be the Decrees of the holy Ghost if they shall be like to this Councel and shall keep the same rule which in this Councell the Apostles did keep and follow For if they shall decree and determine nothing but from Scripture which was done in this Councell and if they shall examine all Questions by the Scriptures and shall follow the voice of the Scriptures in all their Decrees then they may assert that the holy Ghost so decreed of learned Cameron in his Tractate De Infallibilitate Ecclesiae We doe easily grant Lawfull Councels Lawfull in respect of what is inwardly required in them that is Councels truely gathered together without all fallacie and deceit
to performe the Covenant Fourthly he caused all that were present in Jerusalem and Benjamin to stand to the Covenant and made all that were present in Israel to serve even to serve the Lord their God 2 Chron. 34. 32 33. that is all that were under his jurisdiction he kept them in such awe by his regall authority and penall lawes as they durst not but stand to the Covenant 10. THESIS As de facto 't is evident in the examples related besides divers others recorded in Scripture that good Magistrates did alwayes meddle for God and his truth against false worship and seducers so that they did it de jure and ought to do so is as clear from the approbations speciall testimonies promises rewards and blessings given by God of them made to them and bestowed by God on them for so doing There 's hardly any place mentioning what the Patriarchs Judges Kings Magistrates did in this kind but there 's some commendation some blessing some speciall testimony from God for so doing recorded in those places 2 Chron. 14. 2 3 4. Asa did that which was good and right in the eyes of the Lord his God For he took away the Altars of the strange gods and the high places c. So 't is said of Jehosophat Hezekiah Josiah they did that which was right in the fight of the Lord are highly commended have many blessings upon themselves and their Kingdoms and all for commanding by their Princely power their subjects to good and removing all false worship and the means of it God will not hide from Abraham the thing that he was doing concerning Sodom and the reason is given because he will command his children and his houshold after him to keep the way of the Lord. Iacob took away the strange Gods from his houshold and all that were with him and God manifests his approbation of it the terror of God was upon the Cities round about Iacob and they did not pursue after the sonnes of Iacob yea God gives such testimony to Princes and Magistrates suppressing false Prophets and false worships that he hath rewarded with temporall blessings wicked Kings for so doing as is evident in Iehu who for destroying Baal out of Israel though he departed not from the finnes of Ieroboam yet his children of the fourth generation should sit on the throne of Israel 2 Kings 10. 28 29 30. 11. THESIS Those Magistrates Judges and Princes even the dear servants of God who being in place of authority and power that out of carnall respects to wives children and other interests have suffered and tolerated Idolatry and other evils though they in their owne persons never practised much lesse commanded any such things nay disswaded from them and not used their power to restraine and hinder them have been both sharply reproved and severely punished by God for it King Solomon having power to hinder his wives from Idolatry and not doing it but suffering them God is provoked to bring wrath upon him and his family 1 King 11. 4 5 6 7 8 9. 10 11 12. to rend the Kingdome from him to stirr up an adversary unto Solomon Hadad the Edomite T is the opinion of many good Divines and that upon the first of Kings ch 11. and in answer to the Arminians upon that Article of falling from Grace that Solomon did not bring or admit Idols into the house of God neither did he command the people that either they should forsake the true worship of God or worship Idols neither can it be proved that he did in his owne person worship Idols This is only certaine that being bewitched by his Idolatrous wives he suffered them to build Altars and high places or at most commanded them to be built and this the word in the Hebrew vers 11. with thee not of thee implies as much for as much as this is done with thee implying done in his Kingdom and neer Ierusalem though not by Solomon himselfe Eli being a Judge because when his sonnes made themselves vile ht restrained them not redressed not their corruptions and abuses about the Sacrifices though he reproved and disswaded them from their wayes by many strong arguments therefore God brought fearfull ruine upon him and his house cutting off his arme and the arme of his fathers house c. as in 1 Sam. 2 3 4. chap. 't is laid down at large 12. THESIS Whereas the Patrons of Toleration except against the instances of the Judges Magistrates and Kings of Iudah and Israel as no sufficient proof for Magistrates power in suppressing falshood and commanding men to receive the truth because they were typicall Kings types of Christ as King of his Church and the Land of Canaan a typicall Land which no other Magistrates or Land beside ever were or are I desire that it may be remembred that other Magistrates Judges and Princes who were before the common wealth of Israel was erected and the judiciall lawes given and of other Common-wealths and Kingdoms did take away and punish Idolatry Blasphemy and command men under their power to worship God and some such examples are not only barely related in the Scripture but approved of Abraham Jacob and Job were before the time of Moses and Aaron before the judiciall Lawes or the Leviticall Priesthood for the Government and worship of the Jewish Church and Common-wealth were given For Abraham and Jacob that 's evident by the Book of Genesis and for Job that he lived in the time between Abraham and Moses is the judgement of many good Divines and Interpreters upon Job and that upon severall reasons given by them of which the Reader may read more in Bucolcerus Pineda Junius and Tremellius Mercerus Master Carylls Expositions on Job and divers others Now of Abraham and Iacobs commanding their children servants and all that were with them to keep the way of the Lord I have spoken of in the tenth Thesis And that in Iobs time and that out of the Land of Canam in the Land of Vz no typicall Land Idolatry and false worship were to be punished by the Magistrates is apparent by Iob 31 26 27 28. where Iob speaks of himselfe If I beheld the Sun when it shined or the Moon walking in brightnesse And my heart hath been secretly intised or my mouth hath kissed my band This also were an iniquity to be punished by the Iudge for I should have denied the God that is above the meaning of which place according to the judgement of the best Interpreters Mercer Merlinus Iunius Pineda and others is that Idolatry and worshiping the creatures as Sun Moon and the Heavens a worship much in use in the East where Iob lived was an iniquity worthy to be taken notice of and punished by the Judges so Mercer reads it digna est it deserves and ought to be punished by the Judges and then observe the reason for I should have denied the Lord that is above So that all false
to be informed of the true sense and meaning of Gods law and the Priests as the great Lawyers among the People practised in the meaning of Gods Law according to which judgement was to be given gave them Resolutions out of the Law and never in those cases upon consulting by Vrim as many Scriptures-show The resolution of the Priests upon enquiring of them in hard matters was to eaccording to the sentence of the Law Deut. 17. 8 9 10 11. Ier. 18. 18. the Law shall not perish from the Priest the meaning is though falsly applied against Jeremiah that the Priests keeping to the Law are the Oracles of truth and therefore Jeremiah is a false Prophet seing they who have Authoritie in the Church and understanding of the Law contradict him Mal. 2. 7. For the Priests Lip should keep knowledge and they should seeke the Law at his mouth he Priests lips keeping knowledge and seeking the Law at hiâ— mouth not new immediate Revelations from the mouth of God are here set downe to be looked after In questions about morall things sins and duties the Priests are to give answer from the Law As for that juâ—gement of Vrim spoken of in Numb 27. 21. which was by way of Oracle the high Priest having Vrim and Thumim about him giving answers in Gods name which were of infallible truth and made a supreame determination that was for the resolution of doubtfull and difficult businesses and enterprises in matters of events and successes of things for direction and counsell from God what course to take in distresses and such and such cases as about going to warre c. for discovery and revelation of hidden and secret causes of judgements but never was upon occasion of questions of things forbidden in the Morall Law and for determination of who or what was an Idolater or Idolatry a false Prophet or prophesying falsely a Blasphemer or Blasphemy and if we consult the Scriptures where the judgement of Vrim is spoken of wâ— shall finde as much which I desire the Reader well to observe All the places I have taken notice of that speak of enquiring of God by Vrim are thâ—se following Exod. 28. 15. 30. Numb 27. 21. Josh 9. 14. Judg. 1. 1. and 20 18 and 20. 1 Sam 23. 9 10 11 12. 28. 6. 30. 7 8. 2 Sam. 21. 1. all which speak only of enquiring of God in the cases forementioned and not in the least of controversies arising upon Morall transgressions against the first Table and of what punishments shall be inflicted upon men for them unto which considering the judgement of divers learned men in their Commentaries upon most of these places of Scripture concerning the enquiring by Vrim and others in their writings going this way of enquiring in cases of of warre distresses and for publick persons enquiring not hereby for a common man but either for the King or for him on whom the affaires of the Congregation lay but not giving any one instance in matters of Idolatrie Blasphemy Prophecying falsly or any other corruption in Religion I confesse I am much confirmed that the judgement of Vrim was not appointed for that use to resolve what violations of Religion were and what were not punishable by death Now that the judgement of Vrim was of any such use to enquire of God by the Priest in points of Idolatrie Blasphemie c I see not the leastcolor for it unlesse in these places of Scripture Deut. 17. 8 9 12. which place is urged by Hagiom p. 130. the sentence of the Priest against which hee that should doe presumptuously in not hearkening to it was to be put to death was only such a sentence with the Priest did upon inquirie by Vrim and Thummim receive immediately from the mouth of God himselfe Deut. 21. 5. Deut. 19. 16 17 18. and in those examples of him that blasphemed the name of the Lord being put in ward that the mind of the Lord might be showed â—hâ—m Levit. 24. 11. 12. and of him that gathered sticks put iâ—ward till the Lord should declare what shall be done to him But for Answer in none of these places or examples is there any thing spoken of consulting by Vrim For the first place only urged by Master Goodwin to say nothing that these verses are quite another thing from that command in the beginning of the chapter about putting to death for serving other gods and worshipping the Sun and Moon there being in that case not a word tending that way which yet is the point in question of going to the Priest and enquiring of him and upon this judgement putting to death besides this command being of things of another nature as â—erse 8 showes here is no direction in this place to enquire by Vrim but the matters here spokenof being difficult councell is given to goe to the Priests skilled in the meaning of the Law and in answering of doubts arising to be informed by them of the meaning of the Law many passages in those verses show as much and whereas in the case of enquiring by Vrim in all places expressions are used of enquiring of the Lord the Lords answering and such like here still all is put upon the Priest or Iudge and upon the sentence and judgement that they shall show and they shall tell and that this place cannot be meant of the judgement of Vrim t is evident thus because that Vrim and Thummim belonged only to the Priesthood Deut 33. 8. and particularly to the high Priest Numb 27. 21. Exod. 28. 30. Now he who would have God to bee inquired of concerning some great businesse did come to the Priest and the Priest putting on the Ephod to which the breast Plate of Vrim and Thummim was fastned verse 28. stood before the Arke of God and so God gave answers which were of infallible truth of which with a more particular relation of the manner of inquiry and the way of Answer by Vrim and Thummim the Reader may see more in Ainsworth Annotat. on Exod. 28. 30. and Numb 27. 21. Diodate Annotat. on Exod. 28. 15 30. Numb 27. 21. 1 Sam 23. 6 28 6. the Annotations of our English Divines on Exod. 28. 15. 30. 1 Sam. 23. 6. Peter Martyrs common places and Weems Christian Synagogue but never was the judgement of Vrim by a Iudge and Magistrate who was a Person distinct from the Priest Now t is evident Deut. 17. 9. 12. that the Priest and the Iudge are distinct and divers persons there and the man that will not hearken unto the Iudge even that man shall die as well as hee that will not hearken unto the Priest which fully showes that what Hagiomastix writes page 46. 47. and 130. of death inflicted only upon such who would not hearken to the Priest enquiring by Vrim to be an untruth Secondly the sense and meaning of this place from vers 3. to the 13. is that inferior Courts and Assemblies in
Zerubbabel would not let the Priests that knew not their genealogies eat of the most holy things so that some Priviledges are denied for want of Vrim and Thummim in a case of Geneologie and birth after a confusion and mixture of marriages for the space of about 70. yeares being a matter of fact of what genealogie verse 62. not a matter of Law but no restraints of punishments upon Prophaners of the Sabbath those who married strange wives c for want of Vrim and Thummim And long after the losse of Vrim and Thummim we find Artaxerxes Darius the King of Niniveh and Nebuchadnezzar making Lawes for punishing men in cases of Blasphemie and other matters of the first Table and the places of Scripture relating such Edicts and Lawes speak of them by way of approbation as I have shown before in the 15. and 16. pages of this Treatise whereunto I refer the Reader and shall only adde one passage out of Calvin upon that Edict of Nebuchadnezzar Dan. 3. 29. For this Edict Daniel celebrates and sets forth in which capitall punishment is denounced against any man that shall speake amisse of the God of Israel Truely t is no common honor that is given to a cruell Tyrant when God assignes his Prophet as the Preacher to publish the Lawes he made and puts those Lawes among his acts and numbers them among his holy Oracles What whether is Nebuchadnezzar praised by the Testimoniall of the Holy Spirit and of the Prophet for taking upon him according to his Power and Authoritie the defence of the glory of the true God that holy Magistrates should beare with the wicked prophanation of his glory and does not the Lord rather under the Person of a Prophane King showe what becomes them to doe And certainly what is more preposterous then in the bosome of the Church to foster unpunished wicked contumelies against God which was in Babylon enacted to be punished with capital punishment Fifthly this cleere Reason of Gods immediate and infallible declaring his own mind and pleasure under the old Testament even according to Hagiomastix Principles is so far from being any reason why Magistrates might then punish Blasphemers Idolaters false Prophets c but not now as that the contrary seems more reasonable for in cases of immediate and infallible Answers from Heaven God declaring who was an Idolater and what was Idolatrie c convincing men so powerfully as leaving them without all subterfugies one would think there should need the Magistrates Power a great deale lesse then in a time when there are no such immediate Answers from God nor discoveries of men from heaven For it cannot be thought but that very bad men when they certainly knew that if they prophecied falsly entised persons to Idolatrie c could not upon any Pretences whatsoever escape from being convicted but should by God himself from heaven be judged Idolaters false Prophets and thereupon bee but to death they would either wholly forbeare the outward acts or if committed any such they would confesse them repent and do no more so whereas when men know there is no such way of finding them out of God from heaven naming persons and things this is the man and this is Idolatrie Blasphemie c they would be incouraged both to doe such things and to maintaine them when they have done to bring Scripture against Scripture and Reason against Reason as knowing all immediate Answers and Discoveries to be ceased Unto which if that be added that under the old Testament God himselfe inflicted more outward bodily punishments upon persons for Idolatrie wil-worship Scisme c then hee does now under the new the judgements under the Gospel being more spirituall as many examples in the old Testament show being a more Immediate Iudge and Inflicted of bodily punishments on the Jewes as he was to them a more Immediate Legislator of which I have spoken before in page 64. of this Booke there appears lesse reason for those coercive commands being in force under the old Testament then now there being in both these respects now named without the Magistrates coercive Power greater means for awing and restraining Violators of the first Table viz. Gods immediate discovering and inflicting of punishment then in our times And for illustrating this wee may observe that in the Primitive times when there were extraordinary gifts in the Church of Miracles c and immediate Answers and Revelations by Apostles and Prophets then the Church needed not so much the helpe of the Magistrates and the civill sword God giving no Christian Magistrate all that time but the Magistrates that were in those dayes were Persecutors and enemies of the Christians but after the Planting of the Gospel and watering it and the extraordinary Gifts and Offices in the Church ceasing then God gave Kings and Princes to be nursing Fathers to defend the Church and the truth by their Laws and Power and hath continued such ever since as a great helpe to the Church as a wall to the weak Vine So when under the old Testament there was according to this Reason of Master Goodwin such immediate and infallible Answers from the Mouth of God himselfe in all difficult cases of Religion and such immediate visible judgements by the immediate hand of God upon Idolaters false Prophets especially upon Despisers of the glorious Ordinance of the Oracle of God amongst them except men had been desperately and outragiously wicked and had with a high hand despised God himselfe speaking and presently striking dead in case of disobedience they could not have been obstinate Seducers to Idolatrie false Prophets Blasphemers should neither so much have needed Magistrates armed with commission from God to execute those commands of the 13. and 17. chapters of Deut. c as in these dayes we doe wherein both these are wanting according to Hagiomastixs own confession and so much for the fifth Answer Sixthly If this bee a cleer Reason why that old Testament Law for the putting of false Prophets Blasphemers c to death should not be now in force because in all difficult cases that happened about matters of Religion the Jewes to whom this Law was given had the opportunitie of immediate consultation with the mouth of God himselfe who could and did from time to time infallibly declare what his owne mind and pleasure was in them So that except those that were to give sentence in cases of Religion had been desparately wicked and set upon bloud and had despised that glorious Ordinance of the Oracle of God among them they could not do injustice because God himselfe was alwayes at hand to declare unto them what was meet to be done whereas now the best Oracles that Magistrates and Iudges have to direct them in doubtfull cases about matters of Religion are men of very fallible judgements and every way obnoxious unto error and mistake then t is as cleer a Reason why the old Testament Law for punishing Murtherers and other
upon Heb. 10. 28 29. shewes that temporall death from the Magistrate for of that he speaks not of Gods judgements was justly inflicted by Moses law upon capitall transgressions as Blasphemie Apostasie and therupon infers from the lesse that much greater punishment must abide Apostates who despise the Gospel Infert à minori tanto gravius supplicium manere defectores illos Si legis contemptoribus supplicium mortis quo nihil est in hoc mundo acerhius justè irrogabitur utique supplicium quovis morte atrocius Apostatae Evangelii contemptores incurrent And 2 Heb. 2. in those words For if the word spoken by Angels was firm and every transgression and disobedience received a just recompence of reward the Apostle shews that the law of Moses given by Angels Gal. 3. 19. Act. 7. 30. had the breach and transgression of it justly punished mediately by the Magistrates to whom the execution of the laws was cōmitted by God which just punishment is there cheifly understood of transgressions against the first Table Sixthly Granting that 13. of Deut. with the other Texts of Scripture named to be judiciall politicall lawes of the Jews yet they may binde the Christian Magistrate under the Gospel Indeed the Ceremoniall law being given for certain uses and for a certain time till the comming of Christ upon the arising of this Sun all these shadowes vanished away as being but of one time But now the Judicial lawes however delivered to one Nation yet were not of one time never tied to one time only so that had the commonwealth of the Jewes continued untill this day excepting a few things belonging to the vindication of the ceremonies which would have ceased with the ceremonies they would have used their Political lawes still in regard the Gospel neither changed nor took away any of them as Beza observes in his Tractate de Haereticis à Magistratu puniendis p. 154. And for the better understanding and proving that the Judicial lawes under the Old Testament are still in force I shall lay down two or three distinctions 1. The judicial law may be considered so far as concerns the distinction of the Iewes from the Gentiles and the typical signification of the kingdome of Christ or only so much as belongs to the forme of Civil government Now the judicial law according to the first acception is absolutely and simply abrogated but secundum quid in part and some kinde only in the latter that is Whatever was in the judicial law of particular proper right peculiarly concerning the Jewes as of inheritances not to be transferred from one Tribe to another of the Tribe of Levi having no inheritance among the other Tribes Numb 18. 20 24. of the emancipation of an Hebrew servant or handmaid in the seventh yeer a mans marrying his brothers wife and raising up seed to his brother the forgiving of debts at the Jubile marrying with one of the same tribe with other such like all of this kind is ceased But what was of common right common to other Nations with them according to the common law of nature of which sort are lawes concerning the punishment of Moral transgressions and other such that all remains and is in force Of which distinction the Reader may find more in Piscator's Appendix to his Observations upon the 21 22 23 chap. of Exodus Bullinger and in Altingius his common places par 1. loc 7. de lege Dei p. 112. Lex judicialis simpliciter abrogata est quoad distinctionem Judaeorum à Gentibus typicam regni Christi significationem secundum quid verò quantum attinet formae gubernationis civilis Nam quod juris in ea fuit particularis Judaeos peculiariter concernans qualis fuit lex de officio Levitarum item alia de haereditatibus de tribu in tribum non transferendis id omne cessavit Quod autem juris suit communis secundum legem naturae omnibus communem sancitum cujusmodi sunt leges de paenis scelerum aliaeque id totum manet 2. The Iudicial lawes may be considered according to their substance and equity or according to many accessories circumstances forms manner of them Now though the Magistrate under the Gospel is not bound unto these lawes simply that is to every circumstance and particular of them for form manner time and place as for example not to the same kinds and formality of punishments set down in those lawes for those forms are accessions of the law and therfore out of the nature of persons times places and constitution of common-wealths mutable Yet he is bound to the substance equity of them so as not to derogate from the right of those lawes Of this distinction the Reader may find much said by Cartwright in his 2. Reply to Dr. Whitgift p. 98 99. Beza de Haereticis â Magistratu puniendis p. 154 155. Tremellius and Junius in their Preface before the five Books of Moses Thirdly these Lawes may be lookt upon as containing doctrine from God of punishment i. e. that those who seduce blaspheme God c. be restrained yea and by death in severall cases or else as in their latter according to the great rigor and severity expressed in them as in Deut. 13. c. by smiting the inhabitants of the City with the sword destroying it utterly and all that is therein and the cattle thereof with the edge of the sword and by gathering all the spoyle of it into the midst of the street thereof and burning with fire the City and all the spoyle of it every whit in not sparing them though they should have truly repented in enjoyning the sonne the wife of a mans bosome to bring forth the father husband and to stone them with stones Now though to the degrees and measures of punishment the severity and utmost rigor the Magistrate is not now tied yet to the thing in cases of Idolatry seduction false prophesying speaking lies in the name of the Lord he is bound and in some cases of grosse and high Idolatry and Blasphemy committed presumptuously to inflict capitall punishment of this distinction also let the Reader consult these Authors And of this question that the Iudiciall Lawes of Moses in the sense now given doe yet last and are in force besides the Resolution of many great Divines in the case Beza Calvin Cartwright Tremellius and Junius Bullinger Zinchius Peter Martyr Henricus Altingius and more especially Piscator who by eight Arguments proves the Question in controversie besides answering two and twenty Arguments brought against it I shall desire the Reader to observe these few Reasons 1. The Iudiciall Law differs from the Decalogue the Law of the ten Commandements in this that whereas the Decalogue comprehends in a few words all righteousnesse and equity in all kind of duties to God and man the Iudiciall explains only that part of righteousnesse and equity which stands in those things of which judgements
are appointed and therefore seeing the judicialls prescribe the equity of judgements which is a part of the Decalogue we must be bound to that as we are to the rest of the Decalogue viz. so farre as they containe a generall equity though we are not tied to the formes of the Mosaicall politie Now Christ saith Matth. 5. 17. he came not to destroy the Law but to fulfill it which words are comprehensive of the Judiciall Law as for the substance a part of the Moral Law the Iudicial being indeed an Appendix and a more particular explication of that part of the Morall Law concerning matters of Iustice and judgement and therefore must be understood by Christ to be established 2. Though there be many pregnant proofs in the New Testament for abolishing the Ceremoniall Law yet we nowhere read in the New Testament of making void the Iudiciall Law concerning the punishing of sinnes against the Morall Law in the number of which are Idolatry Heresie Blasphemy Now these Iudiciall Lawes being the Lawes of God and by his revealed will once settled they must needs so farre forth remaine as they appeare not by his will to be repealed They who hold the Magistrate under the Gospel is not bound to punish for such sinnes must prove from the Scripture those Lawes of God revoked and cancel'd which none of the Patrons of Toleration have ever yet done 3. The substance and equity of the Iudiciall Law remains in that Christ and his Apostles make use of transfer and prove by some Iudicial laws divers things under the New Testament Christ makes use of a Iudiciall Law concerning punishment Matth. 5. 38 39. An eye for an eye and a tooth for a tooth viz. that of poena talionis Exod. 21. 24. and frees it from the false glosse and interpretation of the Pharisees in which he teaches the Iudiciall Lawes of Moses understood in their right sense are to be observed in the New Testament For if Christ in that Sermon of which this is a part would teach the Decalogue belonged to Christians by his vindicating it from the false interpretations of the Scribes and Pharisees then it followes hee meant to teach the Iudiciall Lawes of Moses concerning the punishment of Morall transgressions belonged to them also because he vindicated also one of them of which particular with the proof of the consequence the Reader may finde more in Piscators Appendix to Exodus The Apostle Paul 1 Cor. 9. 9. 1 Tim. 5. 18. among other proofs brought by him from fimilitudes fetched from the common use of men that the Minister of the Gospel ought to be maintained of the Churches charge whereas they might object those were but humane reasons he alleadgeth as the eternall Law of God one of the Iudiciall Lawes of Moses which was that a man should not muzle the mouth of the Oxe which treadeth out the corne where 't is manifest he doubteth not to bind the conscience of the Churches unto the equity of that Law which was judiciall likewise from the 13. verse of those that minister about holy things and wait at the Altar living of the things of the Temple and being partakers of the Altar hee concludes that they which preach the Gospell should live of it Now this maintainance of the Priests albeit in the manner of provision it be held by many ceremoniall yet as it was a reward of their service due by men as the punishments also if they failed in their duties was meerly judiciall So the equity of that judiciall Law Exod. 22. 2. Of the smiting of a theife in the night that he dye is approved by Christ Matth. 24. 43. So Christ and Paul both transferre that judiciall Law of having two or three witnesses in judgement Deut. 19. verse 15. to bind Christians in their Ecclesiasticall censures and judgements Matthew 18. verse 16. 2 Cor. 13. verse 1. 1 Tim. 5. verse 19. By which instances and some other particulars that might bee given 't is evident that in those judicialls to all the circumstances whereof we are not bound wee are notwithstanding bound to the equity of which the Reader may read more in Cartwrights second Reply to Doctor Whitgifts second Answer pag. 98 99 100. 4. That God appointed under the Law Blasphemie Apostasie Idolatry Prophecying lies in thename of the Lord to bee punished by the Magistrate proceeded from Gods holinesse justice infinite hatred of such sinnes and from their nature being so contrary to his nature so derogatory to his honour and glory high treason against the Supreme Majesty so destructive to the precious soules of men so dangerous to Common-wealths and Kingdomes as the Scriptures in divers places where these Lawes of punishing are set down assignes these causes and reasons Now I would know of the Patrons of Toleration whether under the Gospel these finnes of Blasphemy Apostasie c. be not as much against Gods holinesse justice glory as pernicious and damnable as they were under the Law yea and in some respects more as being against the Declarations of the Sonne of God Hebr. 2. 2 3. and a treading under foot the Sonne of God and counting the bloud of the Covenant an unboly thing which being granted punishment by the Magistrate must needs continue The rule of just and unjust in God and in his Law is alwayes the same and immutable It is as equally just to punish evill things as to forbid evill things and therefore the right and Law of punishments is also immutable Where and of what things the causes are perpetuall there also the right is eternall and immutable but the grounds and causes why such offences were punished as Gods justice holinesse glory c. are perpetuall and eternal God is alwayes like to himselfe the morall transgressions of men doe alike at all times displease him no good reason can be given why the Majesty of God should be of lesse account with us then heretofore among the Iewes and therefore by the like reason to be punished now as well as then But the further proof of this the Reader may finde in some learned Divines Beza de Haereticis à Magistratu punieâ—â—â— 155. and in Tremellius and Juniâ—â— Preface before the Books of Moses 5. The Iudiciall Law concerning the punishments of â—iâ—kednesse for the substance viz. that it should be punished remains under the Gospel because it comes within the nature of the Morall Law and was prescribed to the Iewes not quae Iewes or a people peculiarly taken into Covenant but qua men subject to the Law of nature as other Nations were For the proof of which besides the judgement of divers learned Divines Philip Melanctoâ— Peter Martyr Zanchius Aâ—tingius the reason of common right from the proper peculiar right of the Iewes is known and distinguished by these following particulars 1. If the same things have beene also found to be concluded and by civill sanction established by other Law-givers from the light of nature 2. If
up to obedience and deterre them from the contempt and violation thereof whereas on the contrary for the want of this all Blasphemies Heresies and Errors have abounded of which I could give many instances but shall referre them to the more proper place of handling viz. to the Reasons for Magistrates punishing men for Idolatries Blasphemies Heresies Schismes only for the present shall hint that God himselfe saith twice once in Deut. 13. 11. the other Deut. 17. 13. the Magistrates punishing in such a case shall cause all the people to heare feare and to do no more presumptuously the Lord gives this blessing unto the punishment of such offendors that others not only which see but heare of them have the bridle of feare put upon them whereby kept from the like Thirdly and lastly this coercive power of the Magistrate will be found every whit as usefull and necessary now for the glory of God salvation of mens soules peace of Church and State as it was then yea and in some respectâ— more necessary there being in our dayes not only the same reasons and causes for that power of the Magistrate but others also Were there under the Law many incorrigible presumptuous offendors against God and his worship that could not be otherwise reclaimed and are there not such now were there then many grosse ways of false worship and Religion destroying foundations broacht among the people were they then infectious drawing away and seducing many soules were they then provoking the wrath of God causing it to waxe hot against his people Ought the glory and Name of God to bee then dear to Magistrates Why behold under the Gospel there are as incorrigible desperate persons broaching all kind of damnable Heresies making it their work to lay wast all Religion whom no Admonitions Church Censures can do any good upon Heresies and Errors now are as infectious spreading subverting whole houses eating as a Gaâ—grene and so in the rest Master Burroughs in his Irenicum page 23. confesses there is a necessity of the Magistrates power in matters of Religion 〈◊〉 truth now as there was then and showes though we cannot argue the being of spirituall Ordinances from our need of them but from their institution yet in naturall and civill things this way of arguing is strong enough there is need of such a help and therefore we should seeke to have it And the necessity of the Magistrates coercive power under the Gospel he sets down as follows Now sure the need we have of such a power is exceeding great we were in a most miserable condition if we had no externall civill power to restraine from any kind of Blasphemies and Seducements The condition of the Jewes O how happy was it in comparison of ours if this were denied us for if any of theirs did blaspheme God or seeke to seduce any from him they knew what to doe with him besides perswading of him to the contrary but if any should seeke to seduce the wives of our bosomes children of our bodies friends as deare to us as our owne lives into those wayes that wee thinke in our consciences will undâ—e their soules to all eternity yet we must only desire them they would not doe so we must only admonish or seeke to convince them or remove them but restraine them we cannet If the deliverance of us from the Pedagogy of the Law hath brought us into this condition our burden is greater in this thing then any that the Law laid upon our forefathers Hath Christ delivered us from one burden to lay a greater upon us Must we now see those who are dearest to us drawne into the way of eternall destruction and stand and looks on but no way left to help them or our selves unlesse we can perswade to the contrary Surely our condition is very sad Have we not cause to say Lord let any burden of the Ceremoniall Law be laid upon our necks rather then this If there were a company of mad men running up and downe the streets with knives and swords in their hands endeavouring to mischeif and kill all they meet with and we must doe nothing to restraine them if we could perswade them to doe otherwise well and good but that is all we can doe for helpe what a dangerous thing were this The case is the same when those who are mad with damnable Heresies run from place to place seeking to draw all they can from the truth If we have no meanes of helpe but 〈◊〉 it is ill with us Surely God hath not put his people â—â—to such a sad condition or this is be hath provided better for his people then thus And I appeale to the consciences and experience of men whether this power of the Magistrate of punishing Blasphemies and Heresies be not found to be usefull and necessary both for the honour of God the safety of other mens soules the peace of Church and State and whether all other mens without this when this might have beene had have made good these ends or whether this coming upon other means as Admonitions Instructions Synods Church Censures hath not suppressed Heresies Schisms vindicated the honor and truth of God recovered many souls setled the peace of Churches and States as among the Donatists of old and the Arminians in Holland of late Any mans reason yea sense may tell him that in this sinfull corrupted condition of man there is in coercive power a naturalnesse and sutablenesse to work upon the outward man for the furtherance of spirituall good and that when no other means can this power removes outward things that hindered keeps from outward evils applies outward means And yet further besides the same reasons and grounds now of the necessity of the Magistrates coercive power as well as under the Old Testament there seemes to be new reasons under the Gospel over and above that plead for the necessity of this power As that under the Gospel so many outward visible judgementâ— are not inflicted by God upon offenders as were under the Law whereupon Master Cartwright speaks Certainly if ever there had beene any time wherein the Magistrates sword might have rested in the sheath the time of the Law had of all beene fittest when the Lord did so visibly sit in his judgement seat and himselfe in proper person held the Assise and Gaile delivery For as the Lord doth not now by outward blessings give so plentifull testimony to the obedience of the Gospel as the Law so doth he not with so many and so severe punishments revenge the breach of it as in the time of the Law for in these outward punishments the dispensation of God under the Law is divers from that under the Gospel in that be did more terribly revenge disobedience and therefore God not striking now so often immediately Blasphemers Seducers false Prophets Schismaticks as under the Law the Magistrates have the more need not to beare the sword in vaine lest Hereticks and
before Moses from this command of God used this sword And this law therefore God inserted in the Israelitical laws which is not now taken away by Christs coming as a mosaicall coaction because Christ abrogated not the policie and law of nature Musculuâ— in his common places De Magistratibus shewing the Magistrates coercive power in matters of religion to be so manifest a truth as that the heathen could nor be ignoraÌ„t of it concluds t is to be much more acknowledged by Christians neither is it that any man should say it s not for us Christians to harken in points of religion what the light of our nature dictates unto us but what the Scripture speaks to us of which are given for that end that we may be instructed to every good work For although in those things which concerne the mysteries of our Faith the Law of nature is not to bee consulted with but rather the Scriptures yet also-those things ought not to be contemned which by God are written in our â—earts by nature as is that law of nature whose direction both the Prophets Christ and his Apostles commend to us Is not that power which fathers have over their children of the law of nature which the Scripture also confirms And who wiâ—l deny that it specially belongs to Parents to bring up their children in true religion and the feare of God In Abraham this was praised Gen. 18. Now if wee consider the Magistrate what is hee otherwise to be accounted of then the supreme Father of all his subjects whose power is much greater then of a Father over children and therefore it belongs more to him then to a Father that be should take upon him the care of Religion and among â—is subjects set it up As for Musculus Authority which is so much urged by Minus Celsus Senenfis Sect tertia page 183. that all the judiciall lawes are by the Gospell wholly antiquated and therefore those of Deut. 13. Deut. 17. c. concerning the killing of false Prophetâ— Blasphemers I answer t is evident that is not Musculus meaning that under the Gospell Magistrates may not make lawes or punish for points of Religion for in many of his writings he pleads for this coercive power as in the second Psal verse 11. Serve the Lord with feare Let them note this place who deny kingly and saecular power that the Magistrate bâ—th to doe in the cause of religion The spirit of God admonishes Kings and Judges of the earth to serve the Lord. But hee understands it of that service which is due to the Sonne of God Let them answer here in what thing Princes ought to serve Christ if in religion there be nothing at all which ought to be done by them When therefore Princes by their power doe care that the Doctrine of Gods word be kept in the Church Idolatry and false worships taken away Ministers conveniently provided for and adversaries suppressed forbidding also that the name of God be blasphemed and â—aring that those who live godly may be safe but the wicked and turbulent may be punished do they not serve Christ then So in his commentaries on the fifth of the Gal. 12. verse he is for cutting off false Teachers by the Christian Magistrate which Mr. Goodwiâ—â— page 74. of his Hâ—giomastix confesses of him So in his Common Places De Magistratibus and De Haeresi hee pleads for at large the coercive power of the Magistrates in matters of Religion and particularly of restraining and imprisoning Hereticks yea in case they be blasphemous against God of cutting them off by death For saith hee the law of God doth not suffer a Blasphemer to live By which testimonies of Musoulus and divers others that might be taken out of his writings t is apparent whatever his meaning was of the Abrogation of the whole judiciall law it could not bee that all the commands concerning the Magistrates coercive power against Hereticks false Prophets Blasphemers were by the comming of Christ wholly taken away For whereas Musoulus his expresse judgement is though against the Magistrates cutting off by death a simple Heretick for putting to death blasphemous Hereticks his proof is the law of God doth not suffer a blasphemer to live which law was given by Moses as well as those in the 13. and 17. chapter of Deut. and I find no law spoken of or example recorded in the new Testament for putting Blasphemers to death but what hath immediate reference to that law in Lâ—vit 24. 16. or was founded on the law of nature common to all Nations Now for that abrogation of the mosaicall law in Musâ—ulus common places de legibus spoken of by Minus Celsus Senensis t is not of the abrogation of the judiciall law only but of the morall also which is equally pleaded by Musculus in that chapter and yet t is well known that Musculus was no Antinomian So that however he differed in the way of his expressions from other great Divines about the manner how the morall law in the ten commandements binds us Christians viz. not as delivered by Moses legally to the Israelites but as agreeing with the law of nature justice and equity commanding good just and holy things so far tying all men to observance Musculus explains his own meaning that the observation of the Decalogue did not belong simply to the Israelites alone but secundum quid in some respects as given by Moses upon Mount Sinai and as it contained the Tables of a Covenant made by God with Israel So farre it binds not Heathens nor Christiens but only Israelites But the things containeâ— in the Decalogue the matter of it concernes all The Decalogue so farr as to be under Moses and his Paedagogie doth not binde Christians but as it contains things agreeable or contrary to righteousnesse and the law of Christ t is in force to and therfore coÌ„mands the one and forbids the other Musculus saith he is so farre from condemning the use of the ten Commandements in the Church of God that he greatly praises their study and diligence who first brought that in for a part of the Catechisme of the Church So that notwithstanding any thing Musculus hath of the abrogation of the mosaical law Moses Laws for punishing Idolaters false Prophets Blasphemers are in force now for the generall equity and reason of them as containing matter agreeable to the rules of reason and justice as well as the Decalogue and indeed confidering what Musculus in his Tractate de legibus writes of the judiciall lawes that they are Appendixes of the morall commands inserted here and there in Moses writings and added for exposition of the Decalogue as also what he saith De Magistratibus that the Magistrates power in matters of Religion is of the light of nature nature dictates it and that the law is still in force against Blasphemers then wee cannot understand the abrogation of these lawes of Moses of punishing
my pen to writefully against every particular passage in the 39. and 40. Section of Hagiomastix as I have done of some of them I should make his folly and weaknesse manifest to all but having hinted already his mistakes and the utter dissimilitude betweene that command in Deut. 13. and all his instances of an Idolatrous state and a Magistrate bound to make a bloudy desolation throughout al his Dominions c. I say no more but here is a great cry and a little wool and so come to the fixt head to give Answer to something that seems more materiall Sixthly to that Hagiomastix saith page 46. There is this cleer reason why that old Testament law for putting of false Prophets Blasphemers and Seducers to Idolatry to death should not now bee in force upon any such terms as it was when and where it was given because in all difficult cases that happened about maters of Religion the Iewes to whom this Law was given had the opportunity of immediate consultation with the mouth of God himselfe who could and did from time to time infallibly declare what his own mind and pleasure was in them So that except those that were to give sentence in cases of Religion had been desperately wicked and set upon bloud and despised that glorious Ordinance of the Oracle of God amongst them they could not doe injustice God being alwayes at hand to declare unto them what kind of Blasphemer and what kind of Idolater it was that hee by this Law intended should be put to death Whereas now the best Oracles that Magistrates and Iudges have to direct them in doubtfull cases about matters of Religion are men of very fallible judgemeÌ„ts and every way obnoxious to error and mistake Yea confident I am that the wisest most learned of them are not able cleerly or demonstratively to informe the Magistrate what Blasphemie or what Idolatry it was which was by God sentenced to death under the Law Therefore the going about to prove that the Law for putting Blasphemers and Seducers to Idolatry to death is now or amongst us in force because it was once given to the Jewes is as I should prove that a man may safely without danger walk among bogs praecipices ditches at midnight because he may well do it at noon day I answer in the generall this Section is full of many unsound and dangerous passages very prejudicial to the perspicuity perfection and certainty of the Scriptures very derogatorie to the state of the Church under the new Testament preferring the old before it for cleernesse and light as much as noon day before midnight which is contrary to many Prophecies in Scripture of the times under the Gospell and to divers texts in the new Testament 2 Cor. 3. 8 9 10 11 12 18. 2 Cor. 4. 4 6. and tending to bring in with a high hand Scepticisme and Pyrronian uncertainty in all poynts of Religion into the Church of God passages becomming a Iesuite and an Atheist but altogether unbeseeming a Protestant Minister and one who would bee accounted to have laboured more abundantly in vindicating the Authority of the Scriptures and building men on a rock then all other men Whoever does but compare the Iesuits Papists writings Stapleton Bellar. Turnebull Fisher c with learned Whittaker Chamier Rivet Cameron Doctor White Baron Willet and other Protestant Divines who have written of the Authority perspicuity perfection c of the Scriptures against the Papists and then look but upon this Section hee must needs say Higiomastix writes as one brought up in the Schools of the Iesuits and had sucked their breasts as also he that reads but Minus Celsus Senenses and the Socinians with the Netherland Arminians will confesse these lines are the very breathings and actings of that Spirit which dwels in that generation of men I could out of the writings of our Orthodox Divines written against Papists Socinians Arminians upon those heads of the authority perfection perspiculty certainty of the Scriptures and points of Christian faith at large confute him but these belong not properly to this Controversie about Toleration and therefore I shall not insist on them and further I desire the Reader to observe what followes that this cleere reason as Hagâ—omastix termes it may be resolved in that common evasion of Socinians and Armâ—nians and all our Sectaries of Infallibility and Fallibility Whoever well weighâ— that 36. Section of Hagiomastix with that part of the 107. Section page 130. fifth Answer will find the Summe and substance of all that discourse to be nothing else but the usuall Plea of the Patrons of Toleration in their late Libertine Pamphlets as Bloudy Tenet Storming of Antichrist Compassionate Samaritane Justification of Toleration Quaeres upon the Ordinance for preventing of Heresies c. that there is no infallible Iudge now all men are fallible subject to error or mistake and therefore the proper place of speaking to this will be in answering their Grounds for Toleration and pretended liberty of conscience where I hope by the grace of God to speak so fully to that particular of Infallibility and Fallibility that I doubt not to promise the Reader such ample satisfaction to that grand Argument as by the blessing of God all men who have not sold themselves to Libertinisme will never againe after that object it yet however for the present I shall hint these things by way of Reply 1. This very point of Infallibilitie and Fallibilitie was the main rise and cause of setting the Pope in his chair of making one that must be an infallible judge in the Church and so is the ground work of the Popes Authoritie and Tyrannie over the Church which all who understand the Controversies between the Papists and the Reformed Churches De Papa doe well know And on the other hand t is made the foundation of bringing in all Anarchie and Libertinisme into the Church to overthrow all power of Magistrates and of Synods and Councels in matters of Religion so that at on the one hand it hath exalted the Pope and given him an unjust Domination and usurpation so on the other it casts down the use of all civil and Ecclesiasticall power for the good of the Church so that the same thing that set up the Pope and made Antichrist sets up a Toleration and universall libertie of conscience which is a new and worse Popâ— But as the want of infallibility was no good ground for â—etting up the Pope as I suppose Hagiomast and all the Sectaries will grant so will it be found no good argument for a generall Toleration of all Religions a farre greater evill then a Pope Secondly I deny that which Hagiomastix takes for granted the reason it self upon which he founds why the old Testament law for the putting of false Prophets Blasphemers and Seducers to Idolatry to death should not now be in force I desire him to prove the Vrim and Thummim of the
Ecclesiasticall Sanhedrin distinct from the Civill and among other grounds from this of Deut. 17. 8 9 10 11 12. But none of these learned men not any but Papists that ever I met with give the least hint of any judgement by Vrim to bee meant in this place neither do I find in all the Authors that I have read concerning the way of passing sentence in the highest Synedrion at Jerusalem and determining the difficulties about the Law brought to them whether the Ecclesiasticall of which the high Priest was president or the Civill that ever for the satisfaction of the parties and giving the true sense of the Law thus controverted and so putting an end to all controversies they were wont in that Court to enquire by Vrim nay there are severall things written in the Scriptures and by learned men who write of the customes of the Iewes and proceedings in that Court which show the contrary as those words imply as much Deut. 17. the Priest and the Iudge that shall be in those dayes from whence the Hebrews gather that if the high Synedrion had judged and determined of a matter as seemed right in their eyes and after them another Synedrion rose up which upon reasons seeming good unto them disannulled the former sentence then it was disanulled and judgement passed according as it seemed good unto these latter thou art not bound to walke save after the Synedrion that are in thy generation Now if it were a sentence by Vrim immediate and infallible from God no following Synedrion might have disannull'd it So those words according to the sentence which they shall teach thee showes the sentence was to be according to the Law the word written and not by a voice from heaven as also that instance of Ierem. being condemned to die by the supreme Court at Ierusal the Court of the Priests doing their part judging him a false Prophet and worthy to die the Court of the Princes acquitting him as a true Propheâ— of which see more in Aarons Rod blossom p. 18. 19. both of them going upon Scripture Grounds as I have shown p. 99. but in this great Controversie never appealing to the judgement of Vrim and so in their way of trying false Prophets they went not by the Priests putting on the Ephod to enquire of the Lord but therein all say the Iewes was this If he had threatned a judgement to come although it came not yet hee was not a false Prophet for that God say they is gracious as hee was to the Ninivites and to Hezekiah But if hee promised a good thing and it came not to passe then hee was a lyar For every good thing which God promiseth he performeth so Ieremiah tried Ananias to be a false Prophet because hee promised a good thing to Zedekiah and it came not to passe Fifthly the current of the Scripture both in the Law and Prophets still speaks of going to the Law and according to that making that the last resolution of Practise and Controversies in all morall things both of duties and sins and that for private and publick persons Esaiah 8. 20. To the Law and to the Testimony if they speake not according to this word it is because there is no light in them Deut. 30. 10. 11. 12. 13. 14. the Iewes must hearken to the commandement written in the Book of the Law t is not hidden neither is it farre of t is not darke that it cannot be attained to It is not in heaven that it should be said who shall goe up for us to heaven and bring it unto us that wee may heare it and doe it But the worde is very nigh c Deut. 17. 18. v. the Law of God is to bee for the direction of the King and of the Priests and Levites The Book of the Law of the Lord given by Moses 2 Cron. 34. 15 19 30 31. compared with 2 Kings chapter 22. 8 11. v. chapter 23. 2 3. was that by which Josiah made his Reformation both in the removing of persons and things not once enquiring by Vrim whether he should slay Idolatrous Priests put downe others keep such a solemne passeover c and t is observable that the King commanded Hilkiah the high Priest and Shaphan the Scribe c to goe and enquire of the Lord for him and for the People concerning the words of this Book what judgement hanged over their heads and when it was like to fall and whether there were any means or whether it was not too late to appease his wrath and accordingly they went unto Huldah the Prophetesse yet he commanded not Hilkiah to enquire by Vrim neither did Hilkiah the high Priest put on the Ephod but went to the Prophetesse which is to me a great argument that the judgement of Vrim was only in some particular set cases as going in and out to war and such like but not for inquiry in cases of the Law what Reformation to be made or what transgressions of the Law to bee punished by death As for those other two places Deut. 19. 17 18. 21 and 5. I shall not spend many lines in clearing them as being not brought to prove the glorious Ordinance of the Oracle least I should be charged by Hagiomastix to show my valour in fighting with men of clouts of my owne setting up For the first t is understood of a single witnesse accusing one for seducing to Apostasie and revolt so Junius reads it ad testificandum in â—um Apostasiam and Ainsworth to testifie revolt against him not civill wrong as the English translation seems to carry it and the meaning is this although in all other causes two witnesses atleast are required by the Law yet in the businesse of religion one witnesse is sufficient to make a questioÌ„ of the partie by which God shows be would have the preservation of Doctrine commended to the Magistrate for this is an appendix of that Law which is spoken of Deut. 17. 2. So Iunius Diodate also on the place writes thus in case of a secret Seducement from Gods true service he that had been sollicited though hee were alone ought to detect the Seducer Deut. 13. 6. 8. and the Judges ought to proceed therein as upon an advice and denunciation not as upon a formall accusation which had required two witnesses And if the calumny was made to appeare unto them they were to observe this Law if it were truth that of Deut. 13. 9. So then this place holds forth no more then what Deut. 17. 8 9. does which hath nothing to doe with the judgement of Vâ—im as I have already showen at large and yet if this place had any thing in it more for enquiring by Vrim then the former it could doe Hagiomastix no good nor is to the point at all brought by him because this enquiring by Vrim is not to know from the Lord what kind of Idolatrie and Idolater this is whether that for which
death is to bee inflicted but whether this be a false or a true witnesse as the words cleerly show the question is not about matter of Law whether such a thing be Idolatrie or not what kind of Idolatry but of matter of fact whether the partie did commit such a thing or no of which he is accused And the Iudges shall make diligent inquisition and behold if the witnesse be a false witnesse and testifieth falsly against his brother then shall ye doe unto him as he had thought to have done to his brother so shalt thou put the evill away from amongst you As for that place Deut. 21. 5. the coherence and scope of the place showes it cannot be meant of the judgement by Vrim but those verses from the second to the tenth containe a direction from God of what course is to bee taken for the expiation of an unknowne murther and among other things that are to bee done for the putting away the guilt of innocent bloud from the Land as the Elders and Judges must doe according to the verse 2. 3 4. so the * fifth verse showes what the Priests are to do for the freeing the people of Israel from innocent bloud being laid to their charge namely in the audience of the people to pray for atonement and expiation that prayer in verse 8. The Elders were to wash their hands and say Our hands have not shed this bloud and the Priests said Be mercifull O Lord and lay not innocent bloud unto thy People Israels charge and if any thing else were to be decided about that businesse by the words of the Priests as expounders of Gods Law it should be determined not that they had any absolute or arbitrary power of themselves but by their word meaning the word of God which they should show as Deut. 17. 11. The subject matter of this Scripture is not to enquire of the Preists whether this were a casuall or a wilfull Murther and for them to tell who were the murtherers that had slaine this man the resolution of which questions by the Priests might indeed imply some colour for the Priests by enquiring by Vrim these things are not once named but all the matter is what 's to be done to expiate the bloud of a man slain in the Land it being not knowne who hath slaine him that 's supposed and is the case upon which all the direction both for Elders Priests and People is built Lastly as to those examples in Levit 24. 11 12 13. and that of Numb 15. 33 34 35 of the Blasphemer and Sabbath-breaker put into ward that Moses might receive an Answer immediately from God what to doe with them accordingly the Lord spake unto Moses that they should be stoned I answer First the Law concerning blasphemie was not yet given publickly to the Jews the mind of God declared what should be done to them that blasphemed the name of the Lord therfore no wonder the Blasphemer was put in ward that the Lord might be consulted with what kind of punishment should bee inflicted upon him by the light of nature and the Law of the Decalogue the people of the Jewes knew hee was to bee punished for it though the particular kinde and forme was not yet made known by God and therefore bring him to the supreame Magistrate Moses and make him fast till the mind of God for the particular kind of punishment should be made known upon which occasion God doth not only declare what shall be done to that particular man but gives them a Law concerning all Blasphemers in the 16. verse taking an occasion from this as hee did from other transgressions committed and his peoples ill manners to publish judiciall lawes the appendixes of the morall Law in matters of justice and judgement But though God was immediately consulted with before there was a law for that is the case here of which there was all the reason in the world how doth it follow that after an expresse Law is given and ordinary means and wayes appoynted by God for the full knowing and executing of that Law now Persons must immediately upon all occasions have immediate Answers from God whether and how they may punish upon that Law and indeed to what end were expresse laws written made known and knowing able men in those laws deputed by God to judge according to them if immediate and infallible Answers were to be sought from God upon all occasions and persons not to be judged by those Lawes And for the Sabbath Breaker in Numb 15 however the Law had said the Breaker of the Sabbath should die Exod. 31. 14. yet it was not declared by what kind of death hee should die as Ainsworth Diodate and our English Divines in their Annotations upon the place observe saying though there were a Law to put to death a Sabbath breaker yet it was not declared what manner of death hee should die and of that the question being proposed the Answer is made by declaring the kind of death he must suffer which is set down in the next ver Solo. Jarchi saith it was not declared what manner of death the Sabbath Breaker should die but they knew he that prophaned the Sabbath was to die Now the Israelites were to receive directions from God as well for the manner and kind of their Lawes and punishments as for the punishments themselves and some of them being not declared no wonder that Moses stayed till hee enquired of God but what 's all this to make good Hagiomastixâ— assertion that because Moses who was to receive Lawes from God both for matter and forme for that people did wait upon God by speciall immediate inquiring in cases of some transgressions that accordingly all things might bee done therefore after God had given all Lawes both for matter and forme in cases of Idolatry Blasphemie prophecying falsly as in Deut. 13. Deut. 17. 2. Levit. 24. 16. the Judges and Magistrates following must doe so too Secondly in both these instances alleadged the men were put into ward not to enquire of God concerning their sins committed whether they were Blasphemie and Sabbath-breaking there was no question in that kind both the people and Moses were satisfied in that as appeares by the stories and by putting them in ward but only in what manner they should be proceeded against God not having before declared his mind particularly in those cases so that these instances helpe Hagiomastix nothing at all as not speaking to the matter in hand For whereas Hagiomastix makes this ground of the Iews putting to death Blasphemers Idolaters their enquiring and Gods declaring by Vrim what kind of Blasphemer and so what kind of Idolater particularly it was that be by his Law intended should be put to death Moses and the people neither inquired any such thing what kind of Blasphemie it was nor did God speake to Moses in that kind but bring forth him that hath cursed in
high Priest in matters of morall transgressions giving Answers by Vrim and not by the sentence of the Law So Lorinus upon the 11. verse according to the sentence of the Law which they shall teach thee saith that by the name of the Law in this place is neither necessarily understood the Mosaicall Law nor the holy Scripture but the sentence it selfe of the Judge as the pronounâ— infinuates the Hereticks would have it to bee a conditionall command of hearâ—â—ning to the Priests according to the Law that they might take away the Authoritie of Traditions and appeale to the Scripture alone Luther long since writing upon this place observed as much of the Papists And the Papists with a great deale of endeavour have drawn this place to their Idol that they might set up the Papacie So that by this it seems the Papists and Sectaries are agreed upon the same Mediums to set up the Pope and his Infallibilitie and a Toleration and Dispensation to beleeve and professe whatsoever men please Thirdly this cleere reason of Master Goodwin in his 36. Section of Hagiomastix against the old Testament Law being now in force for putting of false Prophets Blasphemers and Seducers to Idolatris to death upon which hee vapours and triumphs so exceedingly over the Anti Quaerists certaine striplings of the Assembly as hee by way of scorne terms them is so farre from fighting against the Magistrates punishing even by virtue of that old law for matters of Religion where hee is sure and certaine the things hee punishes for are Apostasies Idolatries Heresies Blasphemies and that hee is not mistaken as that in all such cases of certaintie and infallibility it establishes the Magistrates coercive power in matters of the first Table and is indeed a strong reason for it For if that were the formall cause and reason why Magistrates might then punish Idolatrie false Prophecying c. because they might infallibly know such a thing was Idolatrie c. and so bee out of danger of fighting against God then what things may bee as certainly known under the Gospel to bee Idolatrie false Prophecying Apostasie c the Magistrate may as well restraine I shall not need to prove the consequence because besides its own evidence that it necessarily follows Master Goodwin in expresse terms grant and confesses page 130. that for his part hee shall thinke it equall nd meet hee that shall doe presumptuously and not hearken unto what is by infallible Revelation from God should be put to death and the only ground brought by him in this 36. Section of denying this power to Magistrates now is their uncertaintie in matters of Religion the best Oracles that Magistrates and Iudges have to direct them in doubtfull cases about matters of Religion being men of very fallible judgements and every way obnoxious unto error and mistake and therefore to goe about to prove that the old Law is now in force because it was once given to the Iewes is as if one should prove that a man may safely and without danger walke among bogges and praecipices at midnight because he may well do it at noone day So that by Hagiomastixs owne confession what 's certainly and infallibly known to be Error Idolatrie Blasphemie Heresie may and ought to be punished by the Magistrate under the new Testament which is indeed a yeelding the question that Magistrates may punish under the Gospell in matters of Religion for that 's not the question what is truth and what is Error what is Heresie and what is Idolatrie and whether any thing can bee known certainly under the Gospell to be truth or no and how the Magistrates come to know it and who shall tell them which is truth that is quite another question but the question in hand about Toleration and the Magistrates coercive Power in points of Religion is supposing and granting there are many things certaine in Religion which he certainly knows and beleeves whether then the Magistrate may punish which upon this very question whether Princes have full Power to command for truth was well observed by Bishop Bilson long since in his answer to a Jesuite making this objection Yea But who shall tell Magistrates which is truth That is not this question When wee reason whether Princes may command for truth and punish error you must not cavill about the meanes to know truth from error but suppose that truth were confessed and agreed on and in that case what may Princes doe for truth If I should aske you whether Princes may revenge Murthers and punish thefts were this an Answer to say but how shall they know what Murther is and who be theeves No more when we demand what duty Princes owe to God and his truth should you stand quarrelling what truth is or how truth may be known The Princes dutie to God is one question which wee now handle the way to discerne truth from error is another which anon shall ensue when once this is ended But first let us have your direct Answer whether Princes may command for truth or no And then the Iesuite answering for truth they may but if they take quid pro quo they both hazard themselves and their whole realms Bilson replies you slide to the second question again before the first be finished stay for that till this be tried Now then to bring this point to ahead and issue Hagiomastixs clear reason grants that in cases about matters of Religion sure and certaine the Magistrate may punish in the times of the Gospel which directly overthrowes that universall Toleration so much pleaded for in divers of his Books so that Master Goodwin by his own cleer reason is forced upon this Dilemma either to hold no points in matters of Religion and Doctrine of faith can be certainly and infallibly known under the Gospel or if they can then the violations of such may by the Magistrate be lawfully censured And here in this matter I doe appeale from Master Goodwins wanton wit great applause among his Seduced Members and from all others his ingagements to the Sectarian partie to his conscience if so bee in this point of pretended libertie of conscience he hath any conscience at all left to resolve me this question whether Christian Magistrates under the Gospell may not by the Scriptures and other meanes that God hath given and appointed in his Church infallibly and certainly know that there is a God that this God is but one that the Scriptures are the word and mind of this God that this God is holy just good wise eternall omniscient omnipotent mercifull perfect that this one God though but one in essence is three in persons the Father the Sonne and the Holy Ghost that the Son was manifested in the flesh became man that he died for our sinnes according to the Scriptures that hee rose again from the dead ascended into heaven sitteth at the right hand of God shall come to judge the world that
yet plead Revelations and visions for feare of his fate who said it was revealed to him the day of judgement should be on such a day in Aprill last now long since past Fourthly upon the same cleer reason and ground why the old Testament Law for punishing false Prophets c should not now be in force because the Iewes in all difficult cases about Religion might have immediate and infallible Answers from God it followes necessarily that all Scriptures brought out of the new Testament for Magistrates punishing in cases of Heresie Idolatrie Blasphemie or for Church-Officers censuring by Deposition Excommunication in points of Error should not bind now and so whatever is brought out of the Scriptures for punishing Errors and Heresies whether by Civill Punishments or Eccleâ—iasticall censures shall be all evaded for the same thing may be said and is said against the places of the new Testament that in the time when the Gospels Acts of the Apostles and Epistles were written the Churches had Apostles and Prophets who were immediately inspired and infallible and could in all difficult cases that happened about matters of Religion declare infallibly from God what was Heresie and Scisme and what was not and therefore a Heretick after the first and second admonition might be rejected and Hymeneus and Alexander delivered unto Satan and Iezabel for seducing censured because Christ was alwayes at hand by Apostles or Prophets to declare unto them infallibly who were Hereticks and seducers whereas now since the Apostles and Prophets are ceased and all extraordinary wayes the best Oracles Ministers and People have to direct them in doubtfull cases about matters of Religion are men of very fallible judgements and every way obnoxious unto error and mistake the best Synods and Councels being not infallible And so whatsoever Hagiomastix speakes of the old Law another may say the same of the new as to this effect I am confident that the wisest and most learned of the Ministers are not able cleerly or demonstratively to informe the Magistrate what Heresie or what Scisme it was or what kind of holding the resurrection past already it was for which the Apostles censured Hymeneus and commanded to reject avoid Hereticks and Scismaticks and therefore to goe about to prove those commands in the new Testament against false Prophets Hereticks Scismaticks Troublers of the Church to be in our dayes in force because they were given in the Apostles dayes and practised by them is as if one should prove that a man may safely and without danger walke among bogs Precipices and ditches at midnight because he may well doe it at noon day The Socinians upon this very ground plead against Excommunication and al Church censures in matters of Doctrine now however in use in the Primitive Churches and answer to the commands and examples alledged out of the new Testament after this manner For ther 's much difference between Hereticks now and those Hereticks in the Apostles dayes For grant them who now erre in matters of faith were set before that venerable companie of Apostles and their equals suppose them to be admonished and convinced and yet neverthelesse to persist obstinately though but in a light error who would not detest their malice In this case a light error is turned into the nature of a great wickednesse wherefore you will say because they dare to resist the Spirit speaking by the Apostles and when they have no cause of doubting of the Doctrine and faith of that Councell yet they would not beleeve nor obey But now although wee are veâ—emently perswaded of the certainty of our faith who can in such aname assure us or certifie that wee cannot erre What Councell can wee now perswade our selves so uncorrupt as that of the Apostles or Primitive Church Those who deny Excommunication of Hereticks say bring not arguments and reasons out of the new Testament but that power of the Spirit with which the Apostles being endowed delivered up to Satan and kild Hypocrites with a word If you want this Powerfull efficacie of the Spirit acknowledge your rashnes and iniquitie in condemning those to whom you cannot demonstrate your Interpretation of Scripture Neither is the Spirit now so weak but that bee is able to give Testimonies of the divine Authoritie and his presence in his Ministers now against his enemies It followes not because many things were not tolerated in the infancie of the Church in the Primitive times therefore they ought not to bee tolerated now in the old age of the Church They deceive and are deceived who would bring our times to the example of that flourishing age When the Church was healthfull and strong in that first flower of its age and whilst the company of the Apostles were living the using of violent remedies in respect of the Churches vigor was meet and agreeable Now the Church with diseases and old age being weakned and spent it now almost falls downe under its prevailing sicknesse neither is it any time more in danger then when it fals into the bands of cruell Physitians In time past its first vigor admitted of opening of veines and losse of bloud now if after strength exhausted by so many evils there remaine any vitall Iuyce and moisture it cannot but by letting bloud be poured out with the life and Spirit and therefore this remedie of the punishment of Hereticks for the Preservation of the Church ought to bee omitted now when it will bring more hurt and danger then profit to the Church So some of our Sectaries in a late Pamphlet put forth upon occasion of their Indigâ—ation at the late solemne Fast of the tenth of March against Heresies plead that the Scisme spoken against in the new Testament is only of separating from those Primitive Apostolicall Churches planted immediately by the Apostles and by infallible direction but hath no reference at all to the Churches of these times Nay further upon this cleere reason why that old Testament Law about false Prophets c should not now bind all the Lawes and commands written in the old Testament yea and in the new concerning the whole will of God may bee as well not in force and men may say for any thing pressed upon them out of the Scriptures of the old or new Testament that they concern them not because in all difficult cases that happened about matters of Religion in Doctrine Worship Government c the Iewes to whom those commands were given and the Churches in the Apostles dayes to whom the Epistles were written had the opportunity of immediate and infallible direction from God himselfe by the high Priest Prophets and Apostles who could and did in all doubts from time to time infallibly declare and resolve what was Gods mind and Pleasure what was Scisme what was Heresie what use the Law was of how often Christians should pray heare Gods word c whereas now the best Oracles Christians have to direct them about matters of Religion are
men of very fallible judgements and every way obnoxious unto error and mistake Yea the wisest and most learned of them are not able cleerly or demonstratively to informe now what the Government of the Church was in the Apostles dayes what the duties of a Minister are to the People as how oft he must preach so that upon Hagiomastixs cleere reason in his 36. Section against the old Testament Law for Magistrates punishing Blasphemers Idolaters c whatsoever can be brought out of the old or new Testament in matters of dutie may be evaded and it may be said this or that was commanded or forbidden because then they had the high Preists Prophets and Apostles who were infallible and could determine all difficulties In a word if some dissimilitude that may be shown either under the old Testament or the new in the times or state of things there when those Commands and Rules were given from the times and state of things now may be a sufficient reason of the Rules and Commands themselves being now not in force then it will follow that all morall duties laid down both in the Law and the Gospel bind not us because the same dissimilitude or as great may be shown in whatsoever dutie upon any Ordinance of Christ or relation among men is propounded Upon this ground the Sacrament of Baptisme shall not be perpetuall not universall in the Church because of some differences between that time when Christ instituted it and the times now as Socinus thereupon held Baptisme an indifferent thing belonging only to the infancie of the Church in which out of a rude people and accustomed to ceremonies a Church was gathered to Christ So neither an outward calling and Ordination of Ministers shall be perpetuall because then there were Apostles and other extraordinary men who in ordaining them could conferr the gifts of the Holy Ghost and had the gift of discerning of spirits So all the commands given by Paul and Peter of servants obeying their Masters and being subject to their Masters with all feare may be evaded and they may say they concerne not us because the servants in those times were their slaves bought with their money at their dispose but wee are borne free as well as our Masters and then those servants in any commands doubtfull had Apostles or other infallible men to go to to be resolved which wee have not they being long since ceased and so I might goe over all examples and commands both in the old or new Testament Fifthly This cleere reason of Hagiomastix in his 36. Section and 130. page why Magistrates under the old Law might exercise coercive Power upon false Prophets Blasphemers c because in all difficult cases of Religion the Iewes to whom this Law was given had the opportunitie of enquiring by Vrim and Thummim of immediate consultation with the mouth of God himselfe by the high Priest seems not to be any reason upon these grounds First that reason is never expressed in those commands or examples for putting to death false Prophets Blasphemers Idolaters c. but other reasons are alledged viz. from the nature of the sinnes drawing away from God the putting away of the evill and that others may feare and do no more so with other such like all reasons of a common nature to the times now as well as then Secondly before there was a high Priest and holy garments made for him particularly the brest plate of judgement the Vrim and Thummim Exod. 28. 15. 30. the Law was given for putting to death Idolaters Exod. 22. 20. and in Jobs time long before the high Priest and in a Land where the high Priest was not enquired by Idolatry was an iniquity worthy to be punished by the Iudges 3. Those who were Heathens strangers in the Land of Judea that beleeved not in the God of Israel nor understood not what the judgement of Vrim was and the sentence thereof yet the Iewish Magistrates would not suffer such whilst staid among them to blaspheme God to worship strange Gods or to offer their children to Molech as appears in Levit 20. 2. and in page 49. 50. of this Treatise Fourthly the Magistrates exercised their coercive Power in matters of Religion as freely after Vrim and Thummim were lost and that judgement ceased as they did before which cleerly showes the enquiring by Vrim under the old Law was not the cause of those Lawes concerning punishing Idolaters and false Prophets being in force It is the judgement of most of the learned writers both Robbins and others that the oraculous consultation with the Breast-plate continued no longer then to the captivitie of Babylon Vrim and Thummim being lost at the captivitie of Babylon and wanting at the Peoples returne as these Scriptures show Ezra 2 63. Nehem. 7. 65 neither do we find that ever God gave Answer by them any more divers learned men who write of the Iewish Church and State and of the first and second Temple of Hag gai 1. 8. Haggai 2. 9. The glory of this latter House shall be greater then of the former show the want of five things in the second Temple which had been in the first 1. The Aâ—ke with the mercy seat and Cherubims Secondly the fire from Heaven Thirdly the Majesty or divine presence Fourthly the holy Ghost Fifthly And the Vrim and Thummim of which the Reader may see fully in Ainsworths Annot. on Exod. 28. 30. Now that after the Captivitie of Babylon Princes and Magistrates used a coercive Power for offences against the first Table is plaine by those instances Ezra 10. 7 8. of making Proclamation that all who had taken strange wives of the People of the Land should come unto Jerusalem for the putting them away and such as were borne of them and that whosoever would not come within three dayes according to the Councell of the Princes and the Elders all his substance should be forfeited c Nehem. 9. 38. Nehem. 10. and 13. chapters Nehemiab and other Rulers entring into Covenant for Reformation in the matter of the Sabbath strange wives maintenance for the service of the House of God and Nehemiah commanding and contending to have matters reformed in the worship and house of God yea restraining and hindring the Prophanation of the Sabbaâ—h and smiting some for marrying wives of Ashdod of Ammon and of Moah Yea the want of a Priest standing up with Vrim and Thummim by whom the Magistrates might enquire was so far from hindring Magistrates in punishing about matters of Religion that the quite contrary is expressed both in Ezra and Nehemiah Ezra 2. 63. Nehem. 7. 65. some Priests being put from the Priesthood and forbidden by the Governor to eat of the most holy things till their stood up a Priest with Vrim and with Thummim that is for want of Vrim and Thummim by which God might be consulted with and his mind known herein Zerubbabel the Tirshatha is commonly said to be
Malefactors for offences against the second Table should not bee in force now and whatever is said by Hagiomastix in this reason against all bodily and civill punishment for transgressions of the first Table holds in all respects as strongly against the Magistrates punishing for killing stealing c and the Anabaptists Socinians and other Hereticks who wholly deny the Christian Magistrates sword or at least the use of it in point of death under the N. Testament against any transgression viz. Treason Murder adulterie c as well as Blasphemie Idolatrie may say the same for themselves and among all other Arguments brought by them against the Christian Magistrates killing or punishing Murder Theft Adulterie c they may adde this new one of Master Goodwins There is this cleere Reason why the old Testament Law for punishing of Murtherers Theeves Adulterers c should not now be in force upon any such terms as it was when and where it was given because in all difficult cases that happened about matters of the Second Table the Jewes to whom this Law was given had the opportunitie of immediate consultation with the mouth of God himselfe who could and did from time to time infallibly declare what his owne mind and pleasure was in them So that except those that were to give sentence in cases of bloud theft c had been desperately wicked and set upon bloud and had despised that glorious Ordinance of the Oracle amongst them they could not do injustice because God himselfe was alwayes at hand to declare unto them what was meet to be done and what kind of man-slayer was to be put to death and whether the person killed the man casually or wilfully c whereas now the best Oracles that Magistrates and Iudges have to direct them in doubtfull cases about matters of life estate c are men of very fallible judgements and the Lawes they are to proceede by of doubtfull Interpretation in many cases and therefore to goe about to prove that the Law for punishing Murtherers Theeves c is now or amongst us in force because it was once given unto the Jewes is as if men should prove that a man may safely and without danger walk among â—ogs Praecipices and ditches at midnight because he may well doe it at noon day I will undertake to make it good against Master Goodwin that whatsover he saith in this his cleere Reason for the Magistrates punishing in matters of Religion under the old Testament but against it now to show it was the same in matters of Iustice and Right among men then and is as strong against Magistrates coercive Power now in those things as in matters of Religion yea upon that head of difficult and doubtfull cases and danger of Magistrates erring and mistaking in judgement thereupon to give severall Reasons of the danger of Magistrates mistaking rather in difficult cases of the second then of the first Table Whoever hath but read and observed the Scriptures yea but the five Books of Moses must acknowledge there were many difficult and doubtfull cases under the old Law upon the commandements of the second Table as well as of the first and therefore superior and higher Courts divers one above another were appointed by God under the Law to which in hard matters concerning the second Table as of the first they might resort for advice and resolution Whoever doth but consider the many Questions and cases handled and written upon by the School-men Casuiâ—ls Canonists Civilians upon matters of the second Table as well as of the first together with the errrors and diversitie of Opinions that have been in the Church from the Apostles dayes down to this time upon every one of the commandements of the second Table as about Magistracie Polygamâ—e Communitie of Wives and Communitie of Goods about Christians being Magistrates the Lawfulnesse of Christians going to war about the Lawfulnesse of Lying dissimulation and aequivocation in divers cases c must confesse there are many Controversies and doubts about the Contents of the second Table That place in Deuteronomy 17. from the eigth verse to the twelfth brought by Master Goodwin for the judgement of Vrim in difficult cases about matters of Religion and so made the ground of Magistrates punishing for Religion then but not now speaks as well of hard matters in civill things betweene man and man as in the things of God There are some Divines who understand the Place wholly or Principally of hard matters and Controversies about the second Table so Luther upon the place laboring to free it from the corrupt Interpretation and sense put upon it by the Papists saith Moses doth here deale not concerningâ— the word or Doctrine or as they speake of the questions of faith which they would have referd to the Pope but of the sentence of Publick and Prophane Crimes So Aâ—â—sworth and our English Divines on the Place by blood and blood understand Murder of which the Iudges may be doubtfull and unable to find out whether it were wilfull which deserved death or unwilling for which exile into the Cities of Refuge was appointede by Plea and Plea pleading for and against in the same cause some accusing some denying as in 1 Kings 3. 16. 17. 18. by stroake and stroake may be also meant stroaks and Wounds that one man gave unto another whether of Malignitie or Casualtie and Hagiomastix in Section 107. in Answer to the Vindication of the Ordinance against Heresies which brought Deut. 17. 12. for a proofe of God making controverted points in Religion a matter of death or imprisonment carries his first and second Answers so as if that place were understood wholly or Principally of Controversies about the second Table between blood and blood between stroake and stroake Plea and Plea and if he meant not so those Answers are nothing to the Position of the Vindicator affirming that God in the old Testament gave Authority to make a controverted point in Religion for of Religion he speaks a matter of death or imprisonment But all Divines generally who write upon the place by way of exposition or who have written of the Judicatories among the Jewes and of Appeales from lower Courts to higher and of the distinction between Civill and Ecclesiasticall Courts do understand the hard matters in judgment and the matters of Controversie within the gates to bee meant of criminall matters in Civill things belonging to the second Table as sixth and eight Commandement as well as of Ecclesiasticall things the matter too hard between blood and blood between Plea and Plea is interpreted by learned Jâ—nius in his Analysis upon Deuterononie of shughter and killing and of contention in Civill causes about such things as belong to the accommodations of life as between stroak and stroak is of diseases as of the plague of Leprofie which was in an Ecclesiasticall and ceremoniall way according to the Law to be distinguished and therefore in this place the argument
that is handled is Politicall or Ecclesiasticall The Politicall is Criminall or Civill but the Ecclesiasticall is Ceremoniall So Lyra understands between blood and blood when one part of the Judges say that this shedding of blood is to be punished with death as being voluntary murder the other part sayes no it is but casuall Master Gillespie in his Aarous rod blossoming Book 1. chapt 3. showes t is agreed upon both by Jewish and Christian Expositors that this place holds forth a supreme Civill Court of Judges and that this text holds forth two sorts of causes some forenâ—icall betweene blood and blood some ceremoniall between stroak and stroake Now this Scripture speaking how that man shall die that will do presumptuously and will not hearken unto the Judge as well as he that will not hearken unto the Priest and speaking of matters of the second Table as well as of the first and the sentence of death here spoken of if immediate and infallible by Vrim extending equally to difficult cases in Civill matters as in matters of Religion or rather more there being divers particular instances in Scripture of Answers in Civill matters as of war and foretelling of some events in Civill affairs but none in matters of Religion if then the Magistrate because of his immediatenesse of consultation with God might punish in matters of Religion but not now that immediatenesse being ceased it will also follow he might then punish for bloud c because by Vrim hee might certainly know whether it was wilfull or voluntary but now he may not because t is possible and probable in doubtfull and difficult cases about mans life meum and tuum he may run into errors and mistake Sixthly this cleer Reason of Hagiomastixs making infallibility the ground of coercive Power and Fallibility a being subject to error and mistake the ground of the deniall of such a power is a fundamentall falsity and a grand mistake overthrowing equally all spirituall censures and punishments in cases of false Doctrines and Hereticks and all bodily outward punishments in Criminall Civill matters and so at once making void all the Civill Power of the Magistrate and all the Ecclesiasticall power of the Church For the Magistrate is not infallible absolutely free from all possibility of error and mistake in his judgement in matters of the second Table many Magistrates in those matters have and doe daily grosly mistake many innocent persons have suffered and doe daily and many guilty persons have and doe escape who does not see in Civill matters what mistakes there are and may bee both in point of law and matter of fact how Lawyers and Iudges are divided in their Opinions what controversies and difficulties arise upon cases what doubts and Scruples grow upon witnesses testifying quite contrary and other circumstances so that what Iudge can say hee is infallible and certaine that hee is not mistaken that hee saw such a fact committed that the accusers and witnesses have deposed nothing but truth I could Instance in a hundred particulars both in regard of the Law-Makers the Lawes the Jewry Witnesses the accused partie the Iudges themselves c wherein Magistrates are as fallible and as obnoxious unto error in matters of the second Table as in the first yea and in divers respects more but I must refer this to the second part of this subject where the Grounds for Toleration particularly that of no man being infallible in our dayes is to be answered Deut. 17. 8 9 10 11 12. showes us there are difficultcases and Controversies in matters of the second Table between blood and blood c and that among the Iudges themselves so that higher Courts are appointed to go unto and the highest of all the Councell of Seventie at Jerusalem Who sees not in Kingdomes about their Lawes and Civill Rights as high and great Controversies and Contestations as in matters of Religion each partie having great Lawyers and able men on their side So the Church with the best Councels and Synods are not infallible but may mistake and erre and in in some things have mistaken as many learned Protestants have shown against the Papists upon that question whether the Church may erre And therefore by this cleer reason of Master Goodwin it should not be only unlawfull for the Magistrates to punish for Idolatrie Blasphemie Heresie Scisme but for Murder Theft Polygamie Adulterie c yea as unlawfull for the Church to admonish and excommunicate for Idolatrie Heresie Blasphemie c as for the Magistrates to punish corporally But now M. S. Hagiomastix Ancient Bounds or Liberty of Conscieuce stated with divers of our Sectaries who write of this question yeeld the Magistrates power in matters of the second Table answering that of Rom. 13. 4. to be understood in things concerning the second Table and the Churches power in censuring for Heresies evading that of Revel 2. 20. to be meant of Ministers not Magistrates and of spirituall censures not Civill who yet are alike fallible and subject to error and mistake the Magistrates in Civill judgements and Ministers in spirituall as they are in punishing corporally in matters of Idolatrie Heresie and indeed considering the state of the question of Magistrates coercive Power in matters of Religion as I have laid it downe in the Prolegomena and so is to be understood viz. that the Magistrate is to doe it upon advice and after advice in all difficult doubtfull cases with the ablest Godliest Ministers in the Church by the advice of Synods with Solemne Prayers after meant of instruction and conviction used to the parties which means and helps being not in Civill causes nor in the censures of particular Churches are more liable to error and mistake then Magistrates So that if Magistrates and Churches may punish the one corporally in matters of the second Table the other spiritually in cases of both as is confessed by our grand Patrons of Toleration notwithstanding their fallibilitie and possibilitie of mistake then in difficult doubtfull cases Magistrates may punish in matters of the first Table notwithstanding they are men of very fallible judgements or in case the want of the Magistrates infallibilitie puts a supersedeas to his coercive Power in matters of Religion the same want deprives him of Power in Civill things and Ministers in Ecclesiastical because of their Possibilitie of erring in both By all which the Reader may see t is a very rotten foundation both to build upon or to take away the Power of censuring evill and erroneous persons upon the infallibilitie or fallibilitie of those who have Authoritie from God no certainly this Power and dutie of those who are in place both in Church and State are founded on the Ordinance and Institution of God in appointing such Offices and in the nature of the Crimes and offences and on the ends of vindicating Gods Glory and Name and preserving others from being ruined c but never on that that the persons who should
in the name of Christ cannot erre in those things which are of any great moment For we truly willingly confesse many Councels not to have erred yea wee confesse Lawfull Churches as in the sense above is explained by us that are truely gathered in the name of Christ not to erre in necessary things and of Baron in that acute and learned Reply of his to Turnebull the Iesuite wee doe not simply and absolutely condemne that which the Doctors of Paris doe teach of the infallibilitie of Councels For it may be piously and probably beleeved that Councels truely generall and Lawfull that is Lawfully gathered and proceeding to be so governed and directed by the holy Spirit that they may not erre in fundament all points I say this may be beleeved because t is certaine such Councels have never hitherto erred in Doctrines fundamentall Secondly although the Authoritie and Power of Synods and Councels is not of it selfe infallible neither appointed of God that it should be the supreme and principall Rule of our Faith and therefore cannot by it selfe and of its owne Authoritie bind the faithfull to beleeve whatever is determined in a Synod or Councell yet there is in them the supream Ecclesiastical Power of judging and determining Controversies of Faith and that appointed by God to avoid confusion and rents in the Church Hence the Authoritie of Lawfull Councels hath a speciall force and singular efficacie before many other motives of faith to beget a peswasion in the minds of men of the truth of the Doctrine agreed on in the Councell And because in our times the best Synods and Councels are rejected and flighted and every private person takes upon them a boundlesse Libertie of contradicting all Synodicall Decrees I shall therefore lay downe briefly out of divers learned Authors what preeminencie there is in Synods and Coâ—ncels towards the compounding of Controversies and doubts in Religion above what is in private Christians or single particular Ministers 1 There is an Authorite given them by God they are an Ordinance of Jesus Christ to judge of and determine Controversies of faith which no man of a sound mind affirmes of private Christians or particular Ministers Secondly they have a power of subjecting those to excommunication and other Ecclesiasticall censures who openly contradict their Decrees Thirdly they have a more peculiar assistance of the Spirit so greater then that which particular Ministers judgeing apart have Fourthly They have surer means of finding out the truth viz. The Prayers Fastings Disputations c. of the cheifest Pastors of the whole Church For as Cameron speaks In a Councell if there be present piouâ— and learned men they open things which before were shut by their mutual disquisition which cannot be so easily done of particular men apart Fifthly A better ground of knowing what is the judgement of the whole Church concerning any Question in Controversie and what the Churches have observed in such cases Sixthly A more easie way of reducing the Decrees and Determinations of the Church to practice Seventhly greater Reverence Respect and Obedience is owing to the Determinations and Decrees of Synods and Councels then of particular Persons or Churches the Authoritie of Synods in their place and degree is so to be looked upon that particular Ministers or private Christians should not lightly or easily for every probable Reason or conjecture reject their determinations Hence Cameron speaking of Councels well observes So oft as any thing is decreed by an Assembly of men who are put into Anthoritie in the Church that should be a ground that such a thing should not rashly nor without a great deale of accurate and serious observation be rejected For first of all we owe Reverence to a Synod even then when we judge it decrees false things A pious sonne of the Church doth not vainely insult over her but with a kind of Reverentiall shamefastnesse departs from her Secondly wee owe outward obedience unlesse wee doe evidently perceive the Synod to prescribe and determine false and wicked things for t is not Lawfull upon light and probable Reasons to oppose the judgement of the Pastors of the Church the certaine manifest Authoritie of God commands us to obey the decrees of the Church and when wee have only uncertaine conjectures and probable Reasons then that common rule is to be followed Hold that which is certaine leave the uncertaine And therefore they who doubt of the truth of the Decrees of a Synod or upon light and probable Reasons think their Opinion false but doe not certâ—inly know it to be such are bound by the Synodicall decrees to performe such an obedience as is agreeable to order comelinesse and peace which obedience is nothing else but the observance of Christian humilitie and modestie by which the faithfull in such cases abstaine both from a publike open profession of their Opinion and a condemning and confuting of the Synods Opinion and in the meane time by diligent searching of the Scripture do enquire out the truth and pray to God to manifest his truth to men and to discover the errors of the Synod that so they being knowne contrary Doctrine may be established in another Councel Of which seven particulars and divers others of Synods whoever would see more let them read Baron against Turnebull Tract 5. De Authorit Ecclesiae cap. 17. Camerons Praelect De Eccles Infallibilitate 292. 293. Apollon Jus Magist circ sacra first part cap. 4. 247. 248 249. Fourthly there is a greater degree of infallibilitie and certaintie in matters of faith and religion to be attained by means of the Scriptures then was by the high Priests answers by Vrim or then is to be had by miracles by one arising from the dead and comming to us then by an Apostle or an Angel from heaven yea or from a voice comming from heaven of each of which I will speake something briefly 1. There was more certaintie even under the old Testament in the word written in the Law then in the high Priests Answer which appeares thus because the Law was made by God himselfe the cheife rule and measure of the high Priests Answer and in difficult cases wherein the Iewes were commanded to come to the high Priest for resolution the last reference is made to the Law That very place Deut. 17. 9. 10 11 12. brought by Hagiomastix page 130. to prove the sentence there spoken of only such a sentence which the Priest did upon enquiry by Vrim and Thummim receive immediately or however infallibly from the mouth of God himselfe and by the Iesuits Bellarmine Lorinus Bailius c brought to prove the Pope the supreame infallible Iudge of Controversies and not the Scriptures showes cleerly whatever answers the high Priest gave in matters of judgement they are limited expresly to the word of God and that is made the supreme Iudge The Iewes were not simply to rest in the judgement of the high Priests whatever they
pronounced but as it was according to the Law There is an expresse limitation in the text in verses 10. 11. thou shalt doe according to the sentence of the Law which they shall teach thee In the Hebrew text t is twice written juxta os legis according to the mouth of the Law and the ordinary Glosse upon that place notes that t is not said unto them thou shalt obey unlesse they teach according to the Law these words according to the sentence of the Law doe signifie a condition not a promise as if God did promise the Priests they should never depart from the Law which our Divines observe against Bellarmine and other Papists yea Master Goodwin himselfe Sect. 107. of his Hagiomastix speaking of this place to be meant only of such a sentence which the Priest did upon enquiry by Vrim receive immediately or however infallibly from the mouth of God himselfe grants it and puts in the same Section this sentence of the high Priest under the Law and saith the command in that Scripture is with that Caution and limitation of going according to the sentence of the Law for proofe of which I shall quote his own words verbatim Thirdly nor doth God in this passage of Scripture speaking of Deut. 17. 12. expresly command without caution and limitation that even in this Controversie it selfe he that would not stand to the sentence of the Iudge or high Priest should be put to death but only then when the Priests the Levites and the Iudge should give sentence or informe them according to the sentence of the Law And for the Readers further Satisfaction of the Scope and meaning of Deut. 17. 8 9 10 11 12. to free it from Master Goodwins sense of only such a sentence which the Priest did upon enquiry by Vrim receive immediately by which he would evade all punishment from the Magistrate in matters of Religion though I have said much upon the place already I refer him to the first Tractate eight Question page 127. 128 129. of Rivets Catholious Orthodoxus 2. Then by miracles t is a saying of Chrysostome God hath left us the Scriptures more firme then any miracle where the word of God is for such a thing that thing is most true and certain the word of God standeth and ahideth for ever It is easier for heaven and earth to passe then one title of the Law to faile t is impossible for God to lie miracles accompanying Doctrines are not alwayes infallible proofes of the truth of them for false Prophets teaching false Doctrines may doe miracles and come with signs and wonders Deut. 13. 1 2 3. showes that false Prophets who say let us goe after other Gods may give signs and wonders and the signe or wonder may come to passe Matth. 7. 22 23. Christ tels us that many who prophecied in his Name plead they have cast out Devils and done many wonderfull workes were workers of iniquity upon which place * Maldonate though a Iesuite confesses those false Prophets of which Christ speakes wrought true miracles truely Prophecied truely Prophecied truely cast out Devils neither doth Christ answer them that they lied but that he knew them not although they had done such miracles and thereupon he grants there can be no necessary argument taken from true miracles to prove the truth of Doctrine So Matth. 24. 24. 2 Thes 2. 9. Revel 13. 13 14. fully set forth how false Prophets and Anti-Christ shall doe great miracles by means of which they shall deceive many In Augustines time the Donatists would alledge miracles done by them to prove the truth of their Church and Doctrine and so doe the Papists now against the Protestants making the glory of miracles a note of their Church but Augustine against the Donatists of his time and learned Protestants against the Papists upon that Question of the notes of the Church doe prove the word of God a surer note and Argument of the true Church and Faith then miracles as whoever consults the writings of * Augustine Whitaker Cameron Rivet Ames Willet Whites way to the Church and especially of learned Gerard shall find 3. The proofe of Doctrine by the Scripture is more infallible then the testimonie of one coming from the dead Luk. 16. 29 30 31. Mases and the Prophets for perswading to beleeve are preferred before one arising from the dead They who elude and wrest the Scriptures interpreting them according to their own iust if one should arise from the dead they would not believe him in what he said against their Opinions but would put off all one way or other Experience hath taught that as Maldonâ—ie observes Christ raised up Lazarus from the grave who as t is to be thought told the Scribes and Priests many things agreeable to those which Christ taught them and yet they were so farre from beleeving him that they would have killed him John 12. 9 10 So the Scribes and Pharisees after Christs resurrection from the dead beleeved him never a whit more then before 4. Then an Apostle for the Apostles notwithstanding the prerogative of infallibilitie their certaine and infallible knowledge of the Gospel by the immediate inspiration of the holy Ghost being infallible in their writings to the Churches and in those Doctrines of faith they preached to those to whom they were sent were in some things at some times subject to mistakes or errors Peter that great Apostle of the circumcision after the holy Ghost was given Acts 2. erred and mistooke in accounting the Gentiles at that time common and unclean as Acts 10. 13. 14 15 18 24 compared together fully showes and in the Doctrine of Christian Libertie compelling the Gentiles to live at the Jewes and not walking uprightly according to the truth of the Gospel for which Paul withstood him to the face because he was to be blamed Gal. 2. 11 12 13 14. But the Scriptures erre not at all are all fine gold without any drosse cannot deceive be perfect and glorious the Apostles themselves in their preachings and writings appealed to the Scriptures made them the chiefe rules of their Doctrines Acts 3. 21. Acts 4. 25 26. Acts 17 2 3. Acts 26. 22 23. Acts 28. 23 24 25 26 27. Rom. 1. 2. Rom. 3. 4. with many other places to the same purpose The 〈◊〉 are commended for that when Paul the Apostle preached to them they searched the Scriptures whether those things were so John the Baptist was sent from God 1 John 6. immediately inspired by the holy Ghost as well as the Apostles and yet Christ prefers the witnesse of the Scriptures before the Testimonie of John John 5. 34 36. 39. The Testimonie of the Scriptures is greater then the record of John of which see Willets Synops first general Controvers concerning the Scriptures quest fourth 5. Then an Angel Gal. 1. 8. But though wee or an Angel from heaven c. Paul prefers the Scriptures
of that knowne axiome A particulari ad universale non valet consequentia and therefore though that particular reason be ceased although I haue fully shown that never was any reason of those Laws under the old Testament for punishing of false Prophets but a meer device and a fancie t is no good consequence all the other reasons yea and the commands themselves should cease also Seventhly to that Hagiomastix saith that the punishments enjoyned by God then under the Law to be inflicted in his Church upon delinquents were more bodily and afflictive to the outward man then the punishments enjoyned under the Gospel and consequently were not only carnall or bodily but typicall also and prefignificative of those greater and more spirituall under the Gospel cutting off from his people then as of casting out from his people now cutting off under the Gospel being no where found to be used but in a metaphorical and allusive sense also to what Minus Celsus Senensis writes that that corporall punishment in Deut. 13. was a Type of eternall damnation and therefore that Law with all the rest given for the future signification of things by the comming of Christ ceased I answer as followes First I deny the punishments enjoyned by God under the Law to be inflicted in his Church upon delinquents to be bodily or afflictive at all to the outward man as by donfiscation of goods or by death but they were spirituall and inflicted upon the soules by suspension excommunication and such like spirituall censures as well as now under the Gospel T is true there were bodily outward punishments in the Civill Iudicatories inflicted then on the bodies of false Prophets Idolaters c but by the Magistrates the Civil Governors and not by the Priests the Ecclesiastical Governors in the Church of the Iewes For under the Law the Jewish Church and Common-wealth the Civil Government and Ecclesiastical the censures and punishments of Church and State were formally distinct as Master Gillespie hath fully and excellently proved in his Aarons rod blossoming in many places particularly 1. Book cap. 2. 3 4 5 and the Church of the Iewes proceeded then against false Prophets only with the sword of the Spirit and spirituall weapons and the State with the materiall Sword and bodily punishments Which truth is fully acknowledged also by Master Cotton however differing from Presbyterians about a National Church in his Answer to Master Williams Bloudy Tenet saying I should think mine eye not only obscured but the fight of it utterly put out if I should conceave as he doth that the National Church State of the Jewes did necessarily call for such weapons a speaking of a Sword of Iron or Steel to punish Hereticks more then the Congregetional State of particular Churches doth call for the same now in the dayes of the new Testament For was not the National Church of the Iewes as compleatly furnished with spirituall Armor to defend it selfe and to offend men and Divels as the particular Churches of the new Testament be Had they not power to convince false Prophets as Eliah did the Prophets of Baal Had they not power to seperate all evil doers from the fellowship of the Congregation what power have our particular Churches now which their National Church wanted or what efficacie is there found in the exercise of our power which was wanting to them It is therefore a Sophistical imagination of mans Braine to make a mans selfe or the world believe that the National Church State of the Iewes required a Civil Sword whereas the particular State of the Gospel needs no such helpe And was not the National Church of Israel as powerfully able by the same spirit to doe the same surely it was both spoken and meant of the National Church of the Jewes not by might nor by Power but my Spirit saith the Lord of Hosts Zach. 4. 6. So that by what I have already said Hagiomastix must either I suppose recall what he hath written of carnal bodily punishments enjoyned by God then to be inflicted in his Church upon delinquents or else must joyne with the Erastians in holding the Iewish Church and Common-wealth their Governement and Censures all one and the same Secondly The foundation upon which Hagiomastix rears this building of outward punishments under the old Testament being typical of spiritual under the new viz the Land of Canaan with the external happinesse and peace there being typical and therefore reasons a comparaâ—is and from the Analogie is sandie and unsound for the Land of Canaan with the external happinesse and long life in it whatsoever it was typical of was from what God had put into the Land being a Land healthful pleasant flowing with milke and honey abounding in excellent precious fruits the immediate blessings of God upon it and not from what came to it by the Magistrates Laws and their good Government for further satisfaction of which I wish Master Goodwin to resolve me this question whether the Land of Canaan were not typical as well in times of wars and troubles and under bad Princes as in dayes of peace and under good Princes and so to reason a comparatis to use his owne Phrase and adidem if temporall threatnings and bodily punishments inflicted upon delinquents under the old Testament were typicall and Praesignificative of greater under the Gospel they must be threatnings and bodily punishments inflicted from God upon false Prophets c not thoe executed by the Magistrates on them Thirdly Granting both Hagiomastixs foundation and the building reared upon it to be good yet they no whit prove bodily and outward punishments to be wholly taken away under the new Testament for suppose the temporal happinesse and the temporal punishments had typified more spiritual happinesse and lesse of the earth more spiritual judgements and lesse of outward or bodily sufferings under the Gospel yet it followes not they take away all outward happinesse and blessings and all outward bodily punishments there may be greater or lesser degrees of things under the old and new Testament suitable to some difference in the manner of Administration betweene the old and the new and yet not the substance of the things taken away These are knowne axioms Gradus non tollunt substantiam Magis Minus non variant speciem T is apparent by sense and experience that how much soever spirituall blessings and spiritual judgements in the dayes of the Gospel abound above the times under the Law yet they take not away all temporal outward blessings nor all temporal outward judgements but God for all that gives many outward blessings and sends many temporal judgements on the earth So supposing God should inflict more spiritual judgements on the soules of men under the new Testament and the Church greater spiritual censures then under the old it no way followes the Magistrates may inflict none at all especially when all spiritual judgements on the soule are slited and with a high hand
Oxe or Asse and giving money to the Owner of them did not bind as much if a Horse or a Sheep fell into it and yet the words of the Law are only the Oxe or the Asse and not a Horse or Sheep Whether that command concerning the putting to death those children that did curse or strike their Parents though it expressed not in the letter death for killing of them did not include much more death upon those who killed their Parents and so I might instance in many more particulars But for a conclusion of this fourth Answer I shall end with a passage out of Maccovius in a Disputation of his De Lege judiciali that the perfection of the judicial Laws require that we should hold no case can fal out which cannot from the analogie of the Law for of like there is the same judgement be determined From the analogie and similitude of things t is easie to understand that the same Law and Right is to be observed referring the Reader for more satisfaction to page 31. 32 33. of this present Tractate Fifthly as to that brought by Hagiomastix and the rest that the Law of God made against false Prophets and worshippers of false Gods was not intended against those who otherwise held the Law of God was to be kept but were infected with some error because in former times among the Jewes who were affected with a vebement love and zeale towards their Law Hereticks notwithstanding were tolerated and particularly the Sadduces these were not exempted from being Magistrates The Scribes and Pharisees also that taught many dangerous errors yet were in great honor in this Church and State I answer 1. Hagiomastixs foundation upon which he raises this argument is unfound for the Scribes Pheriâ—ees and others in place in the time of tolerating the Sadduces Herodians and other Hereticks which was in Christs time were not zealous of the Law of God as is evident by many of Christs Sermons reproving them for want of love and zeale to the Law and the true worship of God Matth. 5. from the 19. verse to the end of the chapter Matth. 15. from verse 3. to the 10. Matth. 23. from verse 3. to the 29. verse They were zealous indeed of the traditions of the Elders and of their owne Superstitions and Devices but not of the Law of God they corrupted and transgressed the Lawes of God by their traditions and hypocrisies but had no true love nor zeale to the Law nor the Jewish Religion and therefore no wonder they tolerated Sadduces Herodians c but of this point how religion was then mightily corrupted and all things out of order I have spoken before in p. 30. of this Treatise and so wil not tautologize 2. Can Hagiomastix upon second thoughts think the Practise of the Rulers of the Jewes and the people that followed them in a time so desparately corrupt as that was when Church and State hastened to destruction and all things were amisse a safe Ground for Christian Magistrates to walke by and not rather judge they did amisse in that as well as in other things and that their Practice is not a probable Rule to be followed I shall mind him of one particular instanced in by himselfe viz their not hindring the Sadduces and other Hereticks from coming to the Temple or the Synagogues which if it were well done t is by this argument as unlawful for the Church to censure her members with Ecclesiasticall censures for any Hereticall Tenets as for the Civil Magistrate to punish and so all Church Censures for Heresies and false Doctrines are overthrown as well as civil whereas I took it for granted Church censures in matters of Religion had been Lawfull viz. A spiritual weapon suitable by their owne confession for a spirituall evill Heresie and M. S. a good Friend of Hagiomastixs in answer to that Argument against Toleration Revel 2. 20. yeelds it saying that 's meant of Church censures but not of bodily outward punishment by the Magistrate and therefore I think the practise of the People and their Rulers suffering Sadduces and all other Hereticks to be no better argument for Justification of a Toleration then their practise of crucifying Christ a Justification of that 3. Besides that all may see what you and your party aime at in speaking of the Pharisees and Saduces being in honour in the Jewish State Magistrates and bearing civill offices not a bare Toleration of your consciences but that you may be in places of honour government and profit This gives us a cleare reason of the Toleration of Errors in those times namely that Scribes Pharisees and Saduces were in places of power and government had a great interest in Church and State and therefore no wonder if they would tolerate themselves and their owne Opinions can you think it a good argument that Adulterers and theeves ought to be tolerated because Adulterers and Theeves having power suffer such to goe unpunished Or can you thinke it reason to say many Papists Anabaptists being in places of Government suffered Papists Anabaptints therefore t is the duty of the godly Magistrate to suffer them and all other Hereticks Pray Master Hagiomastix resolve me this question seeing Scribes Pharisees and such like were Magistrates and in places of power and honour who should punish Pharisees and Saduces for their Errors and dangerous Opinions Sixthly as to that last clause that Christ did never charge this Church or State or those that bore office in either with â—in or unfaithfulnesse for not proceeding against the Sadduces Pharisees c. in regard of their Errors either by imprisonment or death and yet Christ did teach and presse upon men all and all manner of duties I answer First how is that proved he never did Can the Patrons of Toleration Minus Celsus Senensis Hagiomastix c make it follow by saying t is no where written in the Gospels and therefore he never reproved them can they reason from the Scriptures negatively in matters of fact such things never were because theâ— are not spoken of what thinkâ— they of that Axiome Anon dicto ad non factâ—â— noâ— valet consequentia were not there many things that Christ did which were not written Iohn 21. the last verse But if they will reply yes in some things but not in matters of judgement righteouâ—nesse such a weighty matter as this is made to be I rejoyne that in many weighty matters of the Law and justice Christ either spoke not particularly of them or if he did they are not written neither can be found in the Gospels more then this of punishing Sadduces and other Hereticks in matter of Religion I might instance in many things unquestionably forbidden or commanded by God in the Morall Law that are not particularly spoken of in the Gospels which yet from hence to reason against them wery vere bad Divinity What instances can be given of Christs giving any commands to those in place