God for it p. 12 13 Magistrates and Judges before Moses time before the Judiciall Lawes or Levitical Priesthood did punish for matters of Religion and command men under their power to worship God p. 13 14 Other Kings besides those of Israel and Iudah used their Power for the worship of God against Idolaters Blasphemers c p. 14 15 16 That objection against the Kings of Israel and Iudahs power in matters of Religion that they were tipes of Christ and that Land typical answered at large in eight distinct Answers where divers things are opened concerning Types and of those Kings being Types and how actions may be Typical and yet morall from p. 16 to 27 Idolatry and Idolaters not the adaequate object of the Magistrates coercive power under the old Testament but the whole worship and truth of God from p. 27 to 34 The 17. of Deut. 18. 19. opened and proved to give Magistrates the care of Religion p. 34 35 36 37 Vnder the Father in the fourth commandement and under sanctifying the Sabbath the Magistrates dutie to see the publick worship of God observed by his subjects proved p. 34 40. 41 The Magistrates dutie qua Magistrate in matters of Religion proved and yet with a difference of the Christian and Heathen Magistrates power in such matters p. 42 43 44 The commands in the Old Testament for Magistrates punishing in matters of the first Table as Exod. 22. 13. Deut. 13. 1 2 5. Deut. 17. 1. 2 3 4 5. Levit. 24. 16. Deut 18 20. 22. with divers others laid down p. 44 45 46 Reasons laid down to prove these commands for punishing Idolaters false Prophets c. Morall of common reason and equity given to all Nations and for all Ages from p. 46. to 53. Of Judiciall lawes under the Old Testament being in force under the New how far and in what respects with the reasons thereof from p. 53. to 58. The Magistrates punishing of sinnes immediately against God as Blasphemy Apostasie c. is of the light of nature p. 58 59 60 61 72 73 The Magistrates coercive power in matters of Religion as necessary under the Gospel for the glory of God salvation of mens soules peace of Church and State as under the Old yea more reasons for it under the Gospel then under the Law p. 62 63 64 The Magistrates punishing false Prophets c. is an act of our love to God and our Brethren p. 66 67 68 69 70 71 The reasons of those commands in 13. and 17. chap. of Deut. concerning putting to death false Prophets Apostates have been were and are stil the same of a like nature and force both before the commands given by Moses in Moses time and now under the Gospel p. 76 77 78 An Answer to that objection that if Moses laws bind now then Moses is alive under the new Testament p. 79 80 A full Answer to that objection If the Law in Deut. 13. be in force now t is in force in all the particulars for the manner of the punishment for a whole City not only al the Inhabitants but the cattell also c. in which answer many things are opened and cleared what 's morall in that Deut. 13. and what ceremoniall and that the law concerning the destroying of a city cattell c. is no part of the command spoken of in the first part of the 13. chap of Deut. p. 81 82 83 84 85 86 87. 173 174 175. 195 196 An answer to that obiection If Moses lawes bind under the New Testament then every person in an idolatrous State is bound to seek the death one of another yea the Magistrate bound to sentence to death all his subiects practising idolatry without exception p. 90 91 92 93 A full answer to that Evasion of Hagiomastix against the Old Testament lawes that the reason why the Magistrates did then punish false Prophets Blasphemers c. was because the Jewes to whom these laws were given in all difficult cases about matters of Religion had the opportunity of immediate consultation with God who did infallibly declare his mind to them in which answer many questions are discussed and cleared severall texts opened as whether God gave answers by Vrim and Thummim in difficulties arising about morall transgressionâ— against the first Table or rather whether those answers were not concerning the events of future things as about the successe of war c. as whether Infallibility or Fallibility be the proper grounds and reasons of punishing or not punishing in matters of faith and morall transgressions as whether there be not and how far and by what means an infallibility and certainty in matters of Religion now as well as under the Law as whether that Deut. 17. 8 9 10 11 12. be any proof for God giving answers by Vrim and Thummim or only a ground in difficult cases to go from lower Courts to higher and the highest of all who by reason of their number and abilities were more able from the law of God to resolve difficult cases then the inferior Courts with divers other particulars usefull to be known in these times from p. 95 to 165 A full answer to that Evasion brought by Hagiomastix and other Patrons of Toleration that the punishments under the Law were more bodily and afflictive to the outward man then under the Gospel and consequently were typicall Cutting off of Casting out now and typicall of eternall damnation and therefore by the comming of Christ ceased p. 165 166 167 168 169 170 A full answer to that objection That supposing all those lawes in Deut. 13. c. were morall and in force yet they could not reach to Hereticks and false Teachers among us as not being those false Prophets Idolaters Blasphemers spoken of in those lawes from p. 171 to 190 An answer to that objection That the Sadduces Herodians Pharises were tolerated by the Jewes and that Christ did never charge that Church and State with sin for not punishing them p. 29 30 compared with 190 191 192 193 194 Severall Reasons laid down to prove that if there were no commands nor examples in the New Testament to prove the Magistrates power of punishing Hereticks false Teachers yet the proofs of the Old Testament were binding p. 199 to 211 Besides all the Old Testament proofs some places of Scripture speaking of the dayes under the New Testament brought for Magistrates power in Religion and punishing false Teachers p. 212 213 214 215 Seven grounds from places of Scripture recorded in the New Testament proving Magistrates coercive power against false Teachers annd Hereticks laid down and cleared p 215 216 217 218. Published by Authority A TREATISE against the Magistrates Toleration And Permission of a Promiscuous use and Profession of all Religions Sects and Heresies and a partiall limited Toleration of some few Sects or of any one Sect way of Worship Church Government different from the true Religion established and setled HAving in my Preface and Prolegomena both
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
Lords holy One the glorious Ordinance of the Oracle of God among the Jewes by which they inquired and consulted immediately and received Sentences and Answers immediately and infallibly from the mouth of God to be appointed of God or ever made use of by the Priest upon the desire of the Magistrates and Elders in cases of resolving doubts whether this or that was Blasphemie Idolatry false prophecying and thereupon putting to death Blasphemers false Prophets Seducers to Idolatry Hagiomastix gives no place of Scripture at all for proof and upon serious perusall of all places of this kind both of commands and examples for punishing false Prophets Idolaters c I doe never find the Magistrates were commanded in those cases to enquire by Vrim or ever practised it Let Deut. 13. Deut. 17. Levit. 20. 2. 3 4 5. Deut. 18. 20 21 22. Levit. 24. 16. with the examples of Asa Josiah and others bee lookt into and wee shall not finde a word spoken of concering the deciding who were or who were not or killing false Prophets and Idolaters upon receiving an Answer from God by Vrim and Thummim but stil the grounds expressed of proceeding against them are upon the Law of God the nature of the sins and other reasons of a common nature and among the signes and marks by which false Prophets are to be known this discovery by the glorious Oracle is none of them but the thing following not nor comming to passe which was spoken in the name of the Lord their prophecying in Baal and causing the people to erre their strengthening the hands of evill doers that none returns from wickednesse their saying unto them that despise God Ye shall have peace and unto every one that walketh after the imagination of his owne heart no evill shall come upon you with divers such like as is evident by Deut. 18. 22. Jerem. 23. 13. 14 17. and many places out of Moses and the Prophets In Joshua 22. when the children of Israel heard of the two tribes and a halfe building an Altar they did not before they gathered themselves to goe up to warre enquire by Vrim and Thummim whether it was Idolatry or not and when an Answer was given to Phinebas and the ten Princes that they had not built an Altar to turne from following the Lord but only for a witnesse between them and the rest of the Tribes that it might not besaid to their children in time to come ye have no part in the Lord Phinehas the Priest and the Princes of the congregation did not consult the Oracle spoken of to be resolved in this Controversie Thus Asas and the Peoples entring into Covenant to put to death men or women for matters of religion was not founded on an Answer by Vrim and Thummim but upon whosoever would not seek the Lord God of Israel and for Asa's putting down Maachah his Mother from being Queen because she made an Idol in a grove there is not the least hint expressed of his consultation beforehand with that glorious Ordinance of the Oracle of God whether she was such a kind of Idolater and her Idolatry of such a nature as she was to be punished with that punishment of being removed from being Queen Josiah in all the exercise of his coercive Power upon the Violators of the first Table 2 King chapt 23. in sacrificing some of them upon Altars and burning their bones in putting down others c never enquired by Vrim whether those he killed were such kind of Idolaters as God by the Law intended should be put to death and whether the others were not such So the Priests Prophets and People in taking Jeremiah and saying he shall surely die and that he is worthy to die they pretend not to passe sentence upon enquiring by Vriâ— but upon his prophecying in the name of the Lord This house shall be like Shiloh and this city shall be desolate without an inhabitant Jerem. 26. 8 9 11. which they judged a Prophecying falsly upon mis-underst anding some Scriptures as appears plainly by those words why hast thou prophecied in the name of the Lord saying This House shall bee like Shiloh and this City shall be desolate without an inhabitant For because of Gods promise concerning the Temple that he would abide ever there Psal 132. 14 They presumed that it could never perish and accounted all preaching that looked that way blasphemous Matth. 26. 61. Acts 6. 13. of which see more in the late Annotations of our English Divines upon the 9. verse And Jeremiah in his judicial defence to the Court and Councell for so it appears it was a Court by verse 10. 16 17. speaking of certaine Elders of the Land rising up and speaking to the Assembly of the People pleading his immediate call from God to prophecie against the Citie as his Answer against their accusation and in all the contestation and Controversie that was between the Princes and certaine of the Elders and the Priests Prophets and People concerning Jeremiah's being worthy to die neither Jeremiah nor the Priests Elders and People that were for his being put to death or against it once offer for deciding this difficult case and doubtfull matter to propound the enquiring by Vrim and Thummim but both sides plead the case upon Scripture Grounds and examples as hee who reads the chapter may easily see and certainly if enquiring by Vrim and Thummim had been appointed of God and practised by the Church as the Oracle to which in all difficult cases about matters of religion the Iewes were to repaire by which to judge whether such things were Blasphemie Idolatrie Prophecying falsly yea or no and whether the persons were such kind of Blasphemers false Prophets Idolaters as the Law intended should be put to death it is strange that in all this sharpe contest and great Controversie about accusing Jeremiâ—h for prophecying falsly and arraigning him upon his life neither himselfe nor his enemies none of the Priests Princes Elders People nor Jeremiah should once move to enquire immediately from the mouth of God by Vrim and Thummim the infallible Resolution of this question whether Jeremiah prophecied falsly in the name of the Lord and deserved to dy And therfore from this and all the Premises yea upon serious searching into all places of Scripture that speak of Vrim and Thummim and of those who enquired of the Lord in that way and comparing them together with the helpe of many judicious and learned Interpreters besides consulting Divines who have written of Vrim and Thummim I cannot find the least Ground that the Iews either were commanded or ever made use of enquiring by Vrim to bee satisfied in judiciall Proceedings whether this or that was Idolatry or Blasphemie or this man an Idolater or false Prophet or no but they proceeded in those things by the Law of God given to them and in difficult cases too hard they were enjoyned to goe to the Priests by way of consultation
there is a Hell and eternall Death for all wicked impenâ—tent persons and a Heaven and eternall life for the Elect and true beleevers that for a Christian to worship and serve the Sun Moon and starres or foure-footed Beasts and creeping things is Apostasie and Idolatrie that to revile scoffe at and speak reproachfully of God is to blaspheme God that for a man to say God revealed to him the day of judgement should bee on such a day or such and such things should come to passe at such a time when the contrary is manifested to all be not to prophecy falsly and so I might instance in many more Unto which question if Master Goodwin answers affirmatively that Magistrates may in these and some other points of Religion infalliblity and certainly know the truth then the universall Toleration pleaded for by him in M. S. Some modest and humble Quaeries concerning a printed Paper entituled an ordinance for the preventing of the growing and spreading of Heresies c Hagiomastix Appendix 〈◊〉 Hagiomastix and other his Pamphlets falls to the ground and the Ordinance presented to the Honorable House of Commons for preventing Heresies and Blasphemies may take place and the Inflicters of heavy censures upon such who broach Doctrines contrary to these viz. that there is a God that he is perfectly holy â—ternal that hee is one in three persons c may infallibly know such Opinions are not the sacred Truths of God and the câ—eer reason of Hagiomastix in this 36. Section against the old Testament Law for putting false Prophets c to death now is of no force at all for in these Principles of religion named and divers others as the resurrection of the dead that Christ is God that Christ according to his humane nature was borne without sin c Christian Magistrates walke no more at midnight but at noon day then the Iewish Magistrates in cases of Blasphemie Apostasie Idolatrie Prophecying falsly c. are as certaine and sure as they who received Answers under the old Law in matters of Religion of Idolatrie Blasphemie supposing there had been any such from the Priests by the judgement of Vrim But now if Master Goodwin dare answer negatively that there is no infallible certaine knowledge in any point of Religion under the new Testament no man infallibly and certainly knowes that there is a God or that this God is holy perfect eternall that there is a Iesus Christ who died for our sins and rose againe from the dead that there is a resurrection of mens bodies and a day of judgement c t is all opinion and probabilitie the contrary may be the Sacred Truths of God and therefore there may be no punishing by death or other bodily punishment for holding any Doctrines or Opinions in Religion suppose contrary to admonition which for ought the said inflicters know except they make themselves infallible may be the sacred Truths of God I say and am ready to prove it against him that he overthrowes the Scriptures all Christian Religion all Faith yea all the comfort and salvation of Christians hee is a Sceptick an Antiscripturist a Newtrall in Religion and an Atheist Hee justifies the worst of the Papists in all they have written against the Scriptures calling it a nose of wax a dumb judge inkie Divinity c. for to hold nothing can bee known certainly and infallibly by the Scriptures is to make them a nose of wax an imperfect weak rule a doubtfull Oracle like that of Apollo's For if the Trumpet give an uncertaine Sound who shall prepare himselfe to the battell so likewise except the Spirit of God have by the holy pen-men uttered words that may bee understood how shall it be known what is written for this would make the Scriptures be as a speaking into the aire but as concerning that point of the Church under the new Testament knowing infallibly and certainly the Christian Religion and matters necessary to salvation both in faith and worship as the Church under the old by Vrim I shal speak fully to it in the seventh answer to this Reason only for a conclusion of this third Answer I adde I much wonder seeing under the new Testament according to Hagiomastix Doctrine no Magistrates nor Synods can be certaine in doubtfull cases about matters of Religion but the best Oracles Magistrates have to consult with are every way obnoxious unto error and mistake and that the wisest and most learned of them are not able cleerly or demonstratively to informe the Magistrate what blasphemy or what idolatry it was which was by God sentenced to death under the Law though by the way I must check Master Goodwins confidence for I who am the least of all the Ministers of Christ and not to be named with the wisest and most learned of them am able cleerly and demonstratively out of Deut. 17. 2. 3. 4. 5. to informe the Magistrate and Master Goodwin too if he will bee informed what Idolatrie it was which was by God sentenced to death under the Law viz for a Iew to goe serve and worship the Sun or Moon how Master Goodwin and divers Members of his Church come to be in many controverted points doubtfull cases about matters of Religion so confident and certaine as they make themselves certain that Presbyteriall Government is not Jure Divino certaine that Christian Magistrates may not exercise their coercive Power in any matters of Religion no not to the restraining of Blasphemie Idolatrie Heresie Scisme most certaine that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 credere faith in a proper sense is imputed to justification and not Christs Righteousnesse certaine that the way of the Congregation is the truth and so I might instance in divers other points To be confident as confidence it selfe can make a man to bee as sure as twice two makes four to have abundant satisfaction from God for what a man holds in pregnant strong cleer and rational demonstrations on the one hand and distinct clear and home Answers to all objections to the contrarie on the other hand that if light be light reason reason sense sence Scriptures Scriptures then such a Doctrine is truth that though the whole world should rise up as one man to oppose yet that should not shake nor unsettle a man in it is to attaine to a high measure of certaintie and infallibâ—litie Now whoever hath but read with due consideration Mr. Goodwins writings cannot but take notice in them of many high strains and professed solemne Declarations of his absolute certaintie and full demonstrative knowledge of many Points of Religion yea of some more doubtfull controverted as of Church-Governement and the way of the Congregation and yet I suppose hee hath no better Oracles to consult with then Christian Magistrates have There is no Priest with Vrim for him to enquire by unlesse the Sectaries have set him up as their Oracle to consult with in stead of the Scriptures and I think he will not
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
those things by the Law So that by all this and a great deal more that might be spoken to this effect as the Magistrates and Priests combining together c. the Iewes to whom the Law was given for putting false Prophets Blasphemers to death for all the opportunitie of immediate consultation with the mouth of God himselfe by Vrim and by Prophets might in many cases have been deceived mistaken and in as great uncertaintie every way as Hagiomastix supposes the Church to be in under the new Testament Thirdly supposing and granting there had been such a certaintie and infallibilitie in the matters of Religion under the old Law as is contended for by Hagiomastix and that free of all the exceptions now spoken of yet I affirme there is an infallibilitie and certaintie under the new also in the Doctrines of faith and worship and Christian Magistrates may infallibly and certainly know such and such Doctrines to be false and such true such Practises and speeches to be Idolatrous blasphemous as well as the Iewish Magistrates did and supposing that true which Hagiomastix saith that the Iewish Magistrates had a certaintie of knowledge in all difficult cases of Relgion by the judgement of Vrim which Christian Magistrates have not yet in another way and by other means they may have a certaintie and infallibilitie that these and these Doctrines are of God and other Doctrines are not of God when there are three or foure wayes to come to the certaine knowledge of a thing a man may be sure and certaine in one or two though he have not all the wayes A Iudge who hath three or foure honest witnesses and many circumstances with the parties own confession may be certaine though he might not see the fact committed nor have all wayes of knowledge that possible may be and so may Magistrates now in this case of Religion though they should want some one way the Magistrates under the new Testament had And for the certaintie and infallibilitie in matters of Religion under the new Testament it may apeeare thus 1. Hagiomastix must confesse upon his own Principles that during the Apostles times which was under the new Testament in all difficult cases that happened about matters of Religion Christian Magistrates might have had the same opportunities of immediate and infallible Answers as under the old Apostles Prophets then having as infallible immediate Revelations from God as the high Priests and therefore in case there had been Christian Magistrates in the Apostles days they might by this reason have exercised coercive power on Apostates Hereticks and Blasphemers as well as the Iewish Magistrates by which t is apparent those Lawes about false Prophets and Blasphemers were not only old Testament Lawes proper for Moses Paedagogie but new Testament Lawes and that for the prime flourishing state of the new Testament the Apostles times Secondly the Independents and Sectaries in many of their Books Sermonâ— and Discourses tell us of a time at hand wherein there will be a new and marveilous light when wee shall cleerly and certainly know the truth of these things now so much doubted of and controverted of the nature of a visible Church of the Government of the Church and such like Now then upon Master Goodwins cleare reason the old Testament Law for the putting of false Prophets c to death should be in force under the new Testament as well as under the old because then in all difficult cases in worship Doctrine c the Christians that live in those times may infallibly and certainly know the mind and pleasure of God in them Master Goodwin in his Postscript or Appendix to Hâ—giomastix the scope of which Discourse is to make inval'd that Zach. 13. 3. from being any ground for Civill coercive Power against false Prophets among other evasions interprets the place to relate to those times of refreshing to the Iewish Church and Nation the time when God intends to build up the Iewes again into a Church of far more inward grace and holines into a Nation of far more outward beauty strength and glory then ever was their portion since they first became a Church or Nation unto this day either in the one kind or in the other Now of that particular time and day of the new Testament t is especially Prophecied that outward coercive Power shall be exercised upon false Prophets And it shall come to passe that when any shall yet Prophesit then his Father and his Mother that begat him shall say unto him Thou shalt not live for thou speakest lyes in the name of the Lord and his Father and his Mother that begat him shall thrust him through when he Prophecieth As for Hagiomast figurative sense put upon these words against the literall and proper and other his glosses to corrupt the text I shall speak to them in the 19. Thesis where I shall prove that Zach. 13. 3. to be a good proofe of the Magistrates coercive Power under the Gospel Thirdly for that time and those dayes under the new Testament between the Primitive Apostolicall Churches and the calling of the Iewes into which we fall and among which our times are to be numbred there is an infallibilitie and certaintie to be had in Doctrines of faith and Christian Religion and the best Oracles Magistrates have to direct them in matters of Religion now are not fallible and every way obnoxious unto error and mistake The Scriptures are an infallible and certaine rule the voice and word of God himselfe God speaking by them as by Vrim and Thummim Learned Bishop Davenant in his Disputation De judice ac norma fidei Cultus Christiani in answering that objection of the Papists if generall Councels could erre their should be no firme Iudgement in the Church to compose Controversies answers If the Papists speak of a humane judgement we acknowledge nonâ— so firme and infallible to which all men may safely and securely commit their faith without triall But if they speak of a divine judgement we affirme there is a firme and perpetuall judgement in the Church of all the Doctrines of faith namely the judgement of God speaking in the Scriptures for he is not to be confuted with arguments but to be reckoned among Atheists who denies in the Scriptures in the things of faith that there is a sentence pronounced by God himselfe and that intelligible firme and infallible Were those Answers by Divine inspiration and immediate Revelation So are the Scriptures of divine inspiration and immediate revelation also 2 Tim. 3. 16. All Scripture is given by inspiration of God 2 Pet. 1. 20 21. No Prophesie of the Scripture is of any private Interpretation for the Prophecie came not in old time by the will of man but holy men of God spake as they were moved by the holy Ghost were those Answers sure and certaine the Oracles of God among them so are the Scriptures sure and certain Psal 19. 7. The Testimony of the
verses about false Prophets neither doe they give out signs or wonders to confirme their calling the parties instanced in the text being of daughters to Fathers Wifes to Husbands c were not likely so much as to pretend to them the name of Prophets speaking by inspiration of some deitie but rather drawing by their neernesse of relation intimatenesse of affection opportunities of private and constant converse which many phrases in those verses the wife of the bosome thy friend which is as thy owne soule entise thee secretly thou shalt not censent unto him neither shall thine eye pity and such like imply and yet these are commanded to be put to death as well as those Prophets who openly and bodily gave out signs and wonders to confirme their being Prophets of which the Reader may be further satisfied by reading Junius his Analytical explication on Deut. 13. And as Moses in that former part of the chapter showes plainly contrary to the affirmation of Hagiomastix and other Libertines that others who perswade men to the worship of a false god besides those who pretend themselves Prophets are to be killed so in the latter part of this chapter from v. 13. he layes downe how they are to be put to death also that are guilty of Apostasie that have suffered themselves to be drawn away from the true worship of God to other gods who are so far from comming under the notion of false Prophets endeavouring to perswade men to the worship of a false God and that by affirming they spake by the inspiration of some deitie as that they fal not under the Title of Seducers at all but the seduced and therefore Iunius writing upon this Deut. 13. analyzes the whole chap. concerning Apostasies into two First the Authors entising to Apostasie in the first 11. verses Secondly those who are guilty of Apostasie who suffer themselves to be withdrawn from the worship of God in the latter part of the chapter and he showes this is another part of the chap. in which Moses speaks not of those seducing false Prophets nor the clandestine Seducers but of those who yielded to their Seducements particularly of those who publickly to the view of all are Seduced and being in publick Order as a City rest in that Apostasie by the publick authoritie of men falling from God and openly defending that impietie So Deut. 17. from verse 2. to verse 8. sets downe a Law for putting to death those who are Idolaters and Apostates simply though they never went about to entice others Iunius upon this 17. c. observes that this Law differs from that in the 13 chapt the eleven first verses because there Moses speaks of Apostates who are Dogmatists and enticers to Apostasie but here of Idolaters simply In Deut. 17. from verse 8. to verse 13. there is a Law that in ecclesiastical cases in matters of Religion as well as Civil upon going from the lower Iudicatories to the supreme to the high Priest with the Colledge of Priests the man that would doe presumptuously and would not hearken unto the Priest even that man should die which was in other cases then Blasphemie Apostasie Prophecying falsly for it appears by the scope of that place and the stream of all interpreters that in too hard matters for inferior Courts they should goe to the High Ecclesiastical Synedrion and whoever presumptuously disobeyed their sentence according to the Law though in other things then the forenamed Blasphemie c as appears by this place verse 11. 12. speaking of the Law indefinitely with that 2 Chr. 19. 8 9 10 11. compared together mentioning what cause soever shal come to you of your brethren that dwell in their Cities between Law and commandement statutes and judgements should be put to death the ground of which putting to death here commanded was not only from the nature of these sins against the first Table of the highest forme as Apostasie Blasphemie and such like but for other sinnes in points of Religion though lesser when the sentence and resolution of the high Priest with his Colledges was presumptuously disobeyed so that the punishing of wilful scorneful contempt of supreme Ecclesiasticall Government determining doubts and Controversies according to the word of God though in other cases then Apostasie Blasphemie Prophecying falsly is here commanded But having spoken so much of this Deut. 17. already in p. 101. 102 103 104 105 135 159 160. I shal not enlarge further only I shal take my leave of this Scripture by adding a passage out of Master Cottons late Book against Mr. Williams in way of answer to an evasion of his that the capital punishment prescribed against the presumptuous rejection of the sentence of the highest Court in Israel was a figure of excommunication in the Church of Christ Unto which Master Cotton replyes That Law is of moral equity in all Nations and in all Ages Hee that shall presumptuously appeale from or rise up against the cheifest or highest Court in a free state is guilty laesae Majestatis publicae and therefore as a capital offender to be censured in any free common-wealth And certainly if that part of the Law in Deut. 17. of presumptuously appealing from or rising against the sentence of the cheifest and highest Court in a free State being punished with death be of universal and perpetual equitie then punishing so far at least as to restraine those who presumptuously rise up and contemn the sentence of the highest Ecclesiastical Iudicature in a Church going according to the word of God is of universall and perpetual equitie too and the command of God in that text for punishing is against the man that will not hearken unto the Priest as well as he that will not hearken unto the Judge Deut. 18. 20. sets downe a Law that the * Prophet which shal presume to speake a word in Gods name which he commanded him not to speak shal die as well as hee that shall speake in the name of other gods which place of Scripture proves expresly against Hagiomastix that other Prophets besides those that came in the name of false gods and with other false Doctrine then that let us goe after other gods which thou hast not known and let us serve them were to be put to death The command is indefinite concerning speaking any word in Gods name which he commanded not to speak which must needs extend further then a Prophet prophecying only of turning to another God for there were many false Doctrines and false worships against the Jewish Religion besides that of Apostasie to other gods Again the scope of the words and several phrases as if the thing follow not nor come to passe thou shalt not be afraid of him show t is meant of other Doctrine then saying let us goe after other gods namely of Doctrine foretelling of some things to come whereas enticing to goe and serve other gods is de praesenti Learned * Iunius writing
Prophets does not only signifie Prophets as Arias Montanus observes upon that place but foolish speakers and vaine talkers such namely who are the cunning devisers of vaine discourses and by the subtil illusious of words doe catch the people such as Peter speaks of 2 Pet. 2. false Teachers among the people who with fained words deceive among others such especially who when they are confuted by learned men by plain places of Scripture being destitute of all abilitie and means by which to defend them errors that they may delude weak people insolently hoast they have the Spirit all their discourses being full of the boasting of the Spirit their prayers disputations speeches to the People all full of that for which they thinke they should be more beleeved then for all reason testimonies imitating therein Mahomet that Prince of Hereticks who when be could not prove the things he taught then he fled to the authoritie of the Spirit saying the Spirit revealed those things to him Now all sorts of Hereticks and false Teachers besides those Prophets who say let us goe after other Gods are vain talkers and deceivers as they of the circumcision and others Tit. 1. 10. 3 In this place is understood Hereticks and false Teachers as well as false Prophets who teach the following after other Gods from the effects that follow upon the thrusting thorow in the 4. 5. 6. verses so Gualther upon the place saith that it ought to be understood of false Teachers out of what followes it shall be manifest as from saying I am no Prophet I am an but bandman for man taught me to keep cattell from my youth c. That is they shall ingenuously confessé their ignorance that they ought to be sent to the Plaw-taile and to keep cattel rather then to continue any longer in the Ministrie of the Church And this is fulfilled in our age in many Papists who have left many fat Livings and preferments to embrace the pure Doctrine of the Gospel and â—â—bet in the Church of Christ by the labor of their hands to get their living then in the tents of Anti-Christ to enjoy the greatest means Now Papists and such others however they are false Teachers venâ— corrupt unsound Doctrine yet they are not of those who deny the true God and Christ and perswade to serve strange Gods So that by all these places of Scripture opened wee may see fully proved against Hagiomastixs assertion by warrant of Scripture many corruptions in matters of Religion besides false Prophets publickly teaching Apostasie to false Gods outwardly and bodily punished as private Seducers though they pretend not to be Prophets as persons seduced not seducing as those who would not hearken to but contemne the sentence of the supreme Ecclesiasticall Assembly as Hereticks and false Teachers and whoever would see more of these instances of Magistrates punishing for corruptions of religion in points of wil-worship Sabboth breaking c let them look back to page 27. 28 29 of this present Tractate Secondly Supposing there had been no other commands nor examples for Magistrates under the old Testament putting to death for matters of Religion then those named by Hagiomast of false Prophets Apostates Blasphemers which is not true as I have now shown in this first Answer and page 28. of this present Book yet these were sufficient grounds to justifie the Magistrates punishing in like cases and that upon these Reasons 1. In all Laws and commands for the better knowing their nature what they require and would have t is good looking into the causes and reasons of them why such Lawes were given by God from the cause of making the Law the mind of the Law-giver is to be understood T is a knowne maxime Ratio legis est mens legis the reason of the Law is the mind of the Law Now the reasons and causes of both those commands both against false Prophets as also private Seducers in Deut. 13. from 1. to the 12 are 1. the seeking to turne men away from the Lord their God and thrusting them out of the way which the Lord commanded them to walke in 2. The putting away the evill from the midst of them that others may hear and fear and do no more any such wickednes among them these are the Spirit and substance of these commands that those are to bee punished who when they fal from God themselves tempt others to the like defection and therefore are to bee made examples that others may not doe the like And therefore whoever seeks to turne men away from the Lord God and thrust them out of the way which the Lord hath commanded them to walke in they come within the compasse of these commandements although they doe not tempt to goe after the false Gods of that time and those Countries which the false Prophets then enticed them to for the reason of the Law is expressed in a universall forme against those who seek to turne men away from the Lord their God and to thrust them out of the way which the Lord commanded them to walke in as Beza observes and therefore to be in force against those in generall who doe fal from the true Religion and enticers also which is done other wayes then by falling to the strange Gods in those times that Moses writ in yea the command it selfe verse 5. in the letter mentions as speaking to turne men away from the Lord their God so to thrust out of the way which the Lord their God commanded them to walke in which certainly in the Scripture sense and acception includes other Apostafie and Idolatrie then of other Gods and I aske whether Israels worshipping the golden calfe and the ten Tribes worshipping the golden calfe at Dan and Bethel though they worshipped Iehovah in and by them were not a going out of their way which the Lord their God commanded them to walke in Secondly It is common and usual that in the commands concerning the worship of God and in other places of Scripture where the worship of God is spoken of there are Synecdochicall speeches intending and containing many other things of like kind and nature although not formally and literally expressed Eliah whe he complained of the whole Covenant of God violated by the Israelites expresses it by a part thrown down thine Altars and slaine thy Prophets The Prophet Isaiah prophecying of Egypts embracing the true religion saith Egypt shall sweare to the Lord of hosts under that expressing the whole worship of God The commands of God are exceeding large and broad comprehending many things under one Rivet in his explication of the Decalogue among other Rules hee gives for understanding of the commandements hath this that in all the Precepts of the Decalogue we must acknowledge a Synecdecâ—e in which one kind being propounded all under the same genus are understood But that that Synecdoche may be rightly explained before all things the Scope of the Law-giver in
his other wicked Opinions M. Goodwin what Answer wil you make to God for these pretences brought against Scripture can you think against such expresse texts such poor shifts wil serve or wil hold water in the day of judgement what if these then prove but Adams fig-leaves meer shifts and tricks of wit to put off the word and bee not real what wil you then doe for all the dishonour of God ruine of precious souls occasioned by your means wil not Gods wrath sweepe away these Cobwebs I say no more thinke upon it Master Goodwin and be not deceived God is not mocked 18. THESIS Whereas the Patrons of Toleration commonly plead that all places of Scripture both of examples and commands for Magistrates punishing in matters of Religion are only from the old Testament and t is confessed by them that under the Law before Christs comming good Magistrates both did and might exercise coercive power on false Prophets Apostates Blasphemers but now since the new Testament t is otherwise It being the Will and Command of God that since the coming of his Son the Lord Jesus a Permission of the most Paganish Jewish Turkish or Anti-Christian Consciences and Worships be granted to all men in all Nations and Countries and they only to be fought against with that sword which is only in soule matters able to conquer to â—it the sword of Gods Spirit the word of God I lay downe this Thesis That all things concerning Religion and pietie constantly practised by the godly and by God commanded under the old Testament and by him never declared to be repealed bind as firmely under the new Testament although there be no particular command nor example a new approving them as they did under the old and that in such cases the comming of Christ into the world and his death are so far from giving any dispensation or Libertie that quite contrary some things before permitted to the Jewes are by Christ now taken away and all matters in reference to Religion and Holinesse upon the comming of Christ into the world are spoken of by the Scriptures as to be kept and done with greater exactnesse and strictnesse For proof of which I lay downe these following grounds First That the Scripture of the old Testament is the Canon and Rule of faith and Practice as well as the Scripture of the New and that it equally belongs to Christians as the Books of the New which point besides that it hath been held by the Orthodox in the Church of God in all times since Christ and denied only by Hereticks as the Simoniani the Maniches Socinians Antinomians Anabaptists I shall give these reasons 1. That Christ and the Apostles all along in the new Testament prove their Doctrine by the Scriptures of the old Testament Moses and the Prophets still referring the People in all Controversies of Faith and Practice to the Scriptures of the old Testament as is evident by these places Luk. 16. 29. John 5. 39. Rom. 15. 4. 2 Tim. 3. 15 16 17. 2 Pet. 1. 19. cum multis aliis which are all understood of the Scriptures of the old Testament as besides many things in those texts showing as much no Scriptures of the new Testament being then extant when Christ gave those exhortations to search the Scriptures and when Timothy was a child of which Scripture the Apostle speaks which Timothy learned of a child as Chrysostome well expounds Now that was the Scripture of the old Testament because the new was not as yet committed to writing then when Timothie was a child Nay further all the texts by way of Scripture prooâ—e brought in the new Testament to prove any thing in matter of faith and manners are all quoted out of the old Testament and not the new whereupon wee see how frequently Moses the Psalms and Prophets are cited by Christ and his Apostles but to my best remembrance I doe not find in all the new Testament any place of Scripture brought to prove any thing from the new Testament but that one passage out of Pauls Epistles 2 Pet. 3. 15 16. 2. The Apostle Paul 2 Tim. 3. 16. saith All Scripture is given by inspiration of God and is profitable for Doctrine for Reproofe for Correction for instruction in righteousnesse Now if all Scripture be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then the Scripture of the old Testament is so to and as given by inspiration is with all reverence to be acknowledged and received by Christians Againe if all Scripture be profitable for Doctrine for reproofe for Correction for instruction of righteousnesse therefore Doctrines of faith and Practises of life may be profitably fetched from thence and when things are laid downe in the old Testament they are commanded in the Scriptures they being the Scriptures too although not mentioned in the new But who so desires to be further satisfied in this question of the Scripture of the old Testament being of the same Authoritie with Christians as that of the new let him consult Bullingers Books against the Anabaptists lib. 4. cap. 4. 5 6 and Spanhemius his Disputations against the Anabaptists De usu Script V. Testaments in Ecclesia Christiana Secondly every command of God made knowne in the old Testament and never afterwards repealed nor revoked by him nor expiring in the nature of it is perpetual and in force whatever God once commands til he declares either particularly that t is not his will such a Law should any longer bind or at least generally in equivalencie obliges So that t is no good argument to say against a Practice as long as t is commanded in the old this cannot be proved out of the new Testament and therefore may not be done but rather on the contrary wee may inferre that the silence of the new Testament concerning a Law expresly and clearly delivered in the old Testament is a confirmation rather then an abrogation of it or an intimation that it is expired There are many particulars might be instanced in some expressely commanded and others forbidden in the old Testament which are not spoken of at all in the new Testament unlesse in general that yet are held by Orthodox Divines and I suppose by Hagiâ—mastix too binding under the new as many degrees of Marriages forbidden usury as Magistrates putting to death murderers and some other Malefactors with divers others that might be named Upon which occasion Master Cotton answers Master Williams If it be true that Christ gâ—ve no expresse Ordinance Praecept or President of killing men by material Swords for Religion sake It is as true that neither did he for any Breach of Civil Justice no not for murder nor Adultery And so supposing there were no new Testament proofes for the Magistrates punishing Apostates Blasphemers c. yet the old Testament affording such a cloud of witnesses is testimony abundant especially remembring what I have at large proved in divers pages of the last Thesis concerning
worship and false doctrine that denies God that is above is worthy to be punished by the Judges and this is further proved and illustrated that Idolatry is to be punished by Judges corporally by the 9 10 11. verses of this chapter where he speaks the same of adultery that 't is an iniquity to be punished by the Iudges so that the spirit of God here in Iob makes Adultery and Idolatry of the same cognizance and as Adultery is to be punished by the Civill Magistrate so Idolatry and all false wayes whereby men deny the God that is above are by this Scripture to be punished also And that it may further appear the Kings of Iudah and Israel did not qua Kings of Iudah and qua dwelling in such a Land as Kings over such a typicall people bearing visibly and executing typically the kingly office of Christ in his Church meddle in matters of Religion but as Kings in places of authority and power I shall show that other Kings not of the Tribe of Iudah ruling over other Kingdomes and Countries when by any of the great works of God done before them or upon any instinct of the Spirit of God upon them by any message from God by his Prophets and servants they came to be touched in heart and sensible of themselves they used their power in making Lawes and Edicts for the worship of God against Blasphemy and Idolatry and for punishing of those who were Idolaters and Blasphemers Thus Artaxerxes the King of Persia Ezra 7. makes a Decree that whosoever will not do the Law of God judgement shoule be executed speedily upon him whether it be unto death or unto banishment or to confiscation of goods or to imprisonment and Ezra blesseth God for it which showes it was well done of Artâ—xerxes Now whereas Master Goodwin would evade this by saying Ezra blesses God for Artaxerzes beautifying the house of God only not for the Decree of punishing those that would not do the Law of God I answer that 's a part indeed of that he blesses God for but not all as is evident by the 28. verse his blessing God having relation to that also as may appeare by that copulative and hath extended mercy unto me before the King and I was strengthned as the hand of the Lord my God was upon me and I gathered together out of Israel chief men to go up with me now let the 23. verse that speaks of Artaxerxes Decree to Ezra to set Magistrates and Judges to judge all the people and thereupon who will not do the Law of God to have judgement executed upon them whether it be unto death c. be laid to the 28. verse wherein hee blesses God for his hand upon him to gather chief men out of Israel to goe up with him which was to make Magistrates and Judges and 't is evident the Decree for punishing is included besides if this Decree of Artaxerxâ—s had beene according to Master Goodwine the Bloudy Tenet and other Libertines opinion such a wicked and bloudy doctrine Ezra the Priest the Scribe of the Law of the God of heaâ—en had beene bound to have instructed Artaxerxes better and humbly entreated him to have reversed that part of the Decree in the 26. verse and certainly would never have built up Artaxerxes in such a great sin by blessing God for his Decree and by taking care to set up Magistrates and Iudges to execute it but would have dealt clearly with the King blessing God for the Decree of the building of the Temple and showing him his mistake in the other part about punishing and to put it past question Ezra 10. verse 7 8. relates this Decree of the King was accordingly put in execution by Ezra and the Princes and Elders Proclamations being made throughout Iudah and Ierusalem unto all the Children of the captivity that they should gather themselves together unto Ierusalem And that whosoever would not come within three dayes according to the Councel of the Princes and the Elders all his substance should be forfeited which was one of the penalties of Artaxerxes Decree viz. confiscation of goods Nebuchadnezar Dan. 3. 28 29 30. as soone as he knew God upon that great work of Gods power in delivering the three children out of the fiery furnace made a Decree that whosoever should speak any thing amisse against him should be cut in pieces and their houses made a dunghill Darius Dan. 6. 25 26. upon Gods great work in delivering Daniel out of the Lions den made a Decree that in every Dominion of his Kingdome men tremble and feare before the God of Daniel Lastly the King of Niniveh upon Ienabs preaching yet forty dayes and Niniveh shall be destroyed did not only in his owne person arise from his Throne and cover himselfe with sackcloth and sit in ashes but caused it to be proclaimed and published by his Decree that all his subjects should do the like cry mightily unto God and turne from their evill wayes and this turning of Niniveh upon the command and edict of the King is blessed by Gods repenting of the evill that he said he would do unto them and so Gods owne seale of approbation set to the King of Ninivebs Edict for commanding in matters of Religion Augusâ—ine in his 50. Epistle ad Bonifacium makes use of the examples of the King of Niniveh Darius and Nebuchadonezar to show how a King must serve God as a King by commanding good things and forbidding the contrary as the King of Niniveh served God by compelling the whole City to please God as Nebuchadnezar served him by recalling all in his Kingdome from blaspheming God by a severe Law 13. THESIS As for that which is commonly said by the Patrons of Tolâ—ration that what the Iudges Magistrates Kings of Israel and Iudah did in a coerâ—ive way in matters of Religion in Israel and Iudah they did it not by vertue of their office as ordinary Kings and Magistrates towards their subjects but as Kings in a peculiar and extraordinary notion as typicall Kings types of Christ the King of the Church executing typically his kingly office the people also and the very Land over which they ruled being typicall which no Kings not people under heaven at this day are and that therefore their practises cannot be drawn into example by any Christian Magistrates now I desire the Reader well to observe these following answers and the rather because the maine strength of the Sectaries discourse upon this subject hangs by this string and this thred runs all along throughout their works M. S. the Bloudy Tenet The Antient bounds or Liberty of Conscience stated The Storming of Antichrist with many others place all their confidence here and this is their Sheild and buckler making much use of this typicalnesse under the Old Testament to evade all the instances of Kings and Magistrates brought from thence First to make this good there are some things supposed or asserted for proof
other such ought to be restrained and if they commit Idolatry or other corruptions not so great or so grosse yet by way of proportion and equity such ought to be though in a lower kind and way And 't is evident by many instances that the Iewish Magistrates Kings and others as Iosiah Nehemiah c. did punish in a proportion though not with death those who violated the worship of God and the first Table though they were not guilty of Idolatry and Apostafie to worship other gods nor of worshipping the true God by Idols as by the golden Calves of Jeroboam And if that be good Divinity which M. S. the Father of that Evafion of Idolatry and Idolaters being the adaequate object of the coercive power of the Kings of Judah in matters of Religion hath pag. 89. of the same Book That God prohibiting all manner of violence oppression and hard measure among his people one towards another though such Lawes as those in the letter of them respected only Civil transfactions and dealings betweene men yet the equity and spirit of them extends to spirituals also men being every whit as liable to violence oppressionâ— and hard measure from men for their conscience sake as in any other respects or upon any other grounds whatsoever then from that command Deut. 13. 5 6 7 8 9. and from those examples of Asa Iosiah to inferre an equity of punishing other offences in the same kinde though not named in the letter must needs be better Divinity because every one cannot but conceive that the equity and spirit of a Law may upon better grounds extend to things in the same kinde and of the same nature from one spirituall thing to another from Idolatry to Wil-worship or Heresie then from civill things to religious which differ totâ— genere But setting aside M. S. Concession is there not all the equity and reason in the world from those commands forementioned though granting according to the letter of those Lawes no man should be put to death for any thing lesse then that kind of Idolatry with Apostasie worshipping false gods that those who worship the true God by graven Images by making likenesses of him and that corrupt the doctrine of Faith and Religion should also by the Magistrates bee punished as well by suppressing their Conventicles putting them out of places of power c. though not so much as the others Or is there any equity and proportion in this that God should command punishing with death the highest kinde the Magistrate can inflict for Idolatrie in worshipping strange gods and should forbid any punishment or restraint at all of Idolatry and corruption of his worship in the next degree to that According to degrees of faults to have degrees of punishments is of the light of nature and right reason but to have a higher degree of an offence to bee punished with death and all others not to bee punished at all is against the light of nature and all reason Le ts but look into the Scriptures for the violation of other commands of God as in the 6 7 and 8th Commandements and wee shall finde that where the higher degrees and violations had greater punishments the others went not scorfree For example when adultery was punished with death fornication was punished with fifty shekels of silver and witâ—â— paying of money according to the dowry of virgins Exod. 22. 16. 17. compared with Deut. 22. 22. 28 29. So when stealing of men was death stealing of oxen and sheep was restoring five and foure-fold Exod. 21. 16. Exod. 22. 1. Seventhly there is a great agreement between the false Prophets under the old Testament and the false teachers under the New between Idolatry under the old Testament and Heresies now many Heresies being grosse Idolatries as is evident by many Scriptures of the New Testament which lively parallels and resembles these to each other so that it cannot bee upon any good ground conceived that the first sort should bee punished with death and the latter not punished at all but I referre the fuller clearing of this to the 17. Thesis where upon occasion of opening that 13. of Deuteroâ—omiâ— I shall speak more 15. THESIS Besides the full concurrent testimony and judgement of the most learned Protestant Divines Calvin Philip Melancton Beza Peter Martyr Zanchius Bullinger Musculus Chemnitius Gerardus Bucanus Bilson Cartwright Professores Leydenses Voetius Triglandus that the care of Religion and Gods worship belongs to the Magistrate that God hath given him a power and authority objective and externall in Ecclesiasticall causes to look to Religion as to Civil Justice so as he is bound to see the true Religion and service of God set up and maintained in his Dominions being therupon generally by all Divines cal'd Custos Curator utriusque Tabulae God himself in the Scriptures showes at much annexing the care of Religion and keeping the Law the first Table as well as the second to the Magistrate Deut. 17. 18 19. God there appoints that the King over his people when he comes to the Throne of his kingdome should have a Copie of the Law written out of that which was before the Priests the Levites to be alwayes with him Now the Law there spoken of is meant the whole Law of God the first Table as well as the second that which concerned God as well as man because it was a Copie of that Originall which was kept in the Tabernacle for the Priests and Levites whose office was principally about matters of the first Table and then the end expressed in the 19. verse that the King might learne to feare the Lord his God to keep all the words of this Law showes as much that by the name of the Law must be understood the whole Systeme of the Divine Law so that by this place of Scripture 't is evident that not only the second Table of the Morall Law that contains justice and righteousnesse is committed to the Magistrate but the first also concerning the worship of God is given to his custody And as t is understood of the whole Law so the custody of the Law of God is not here a Custodia legum personalis privata meant only of a personall private keeping as the Pleaders for Toleration evade saying that the King in his person as well as others was to keep the Law but also and cheifly of a Custodia Officialis publica quod Rex curare debeat ut Lex Domini pure doceatur ut cultus instituatur a publike keeping out of office it being the Kings office to care that the Law of God should be purely taught and his worship set up and that it must be so understood consider these following Reasons First this King verse 15. was to be one from among themselves a Brother not a stranger who was to know the Law of God and to keep it personally as well before he was a King as after the Law of God being
committed to private persons equally as to Kings for their particular personall observation and therefore sure in this solemne injunction there 's something new and more required of Kings then was of them before or is of persons meerly private Secondly this was not done till just hee was placed in the throne so saith the text verse 18. The Law was committed to the King as a King at his Coronation which showes it had not reference to the Kings private conversation as a meer man but to his Princely function as a Magistrate which stood in commanding others not in guiding himselfe For no man is a King in respect of himselfe but in ruling his Subjects So Augustin saith of Kings As a man hee serveth God one way as a King another way As a man by faithfull living as a King in setting forth Lawes to command that which is good and remove the contrary So that Kings as Kings serve God in doing that for his service which none but Kings can doe This is also proved from 2 Kings 11. 12. compared with 2 Chron. 23. 11. where to King Jehoash in his solemne inauguration as soon as the Crown is put upon him the Book of the Testimony was given him from the high Priest that hee might know the care and publick custody of the Law was committed to him in his being made a King and in that the command of God with the practise accordingly together with putting the Crown on the head was to give the Law in the Kings hand it showes it was to command it to others and make others keep it And that this was the meaning of it in Jehoash and so in other Princes it may further appeare in that the people at that time being much corrupted in Religion and Jehoaida the high priest desiring much their Reformation and the Restauration of Religion as a meanes to effect it made a covenant between the Lord and the people and as the medium and meanes that that people should bee the Lords people hee brings in the King between them that hee should interpose with his authority to make them the Lords people verse 17. And Iehoiada made a Covenant between the Lord and the King and the people that they should bee the Lords people that hee should set up and maintain the true worship of God and bee for God to bring in the people Thirdly the ends expressed in Deut. 17. Of the Kings prolonging his dayes in his Kingdome hee and his children in the midst of Israel of his not turning aside from the commandement to the right or to the left of his learning to fear the Lord God and keeping all the words of the Law show 't is understood of a publike officiall keeping the Law for the Kings of Israel and Judah could not prolong their dayes in their Kingdomes nor their children enjoy good dayes after them if they suffered Idolatry Apostasie c. in their land though themselves practised it not as may bee seen in Solomon and the stories of the Kings of Israel and Judah neither could they keep all the commands of God there being many commands given to the Iewish Magistrates as is confessed but pleaded to bee Iudiciall and peculiar to them to see their people serve God only and to punish Idolaters and false Prophets Fourthly the practise of the good Kings among the Iewes not only keeping the Law themselves but causing others also as Josiah Hezekiah Asae c. and that from this Text and such like showes it was meant of a publick keeping the Law the diligent execution of their office serves for an evident exposition what God required at their hands And as I have proved that of Deut. 17. speaks of a keeping the Law ex officio as a publick custos so for the taking of another evasion brought by Mr. Goodwin in his Hagiomastix page 132. I desire the Reader to observe that God having given power and authority to the Magistrate to see the first Table kept the duties commanded to bee performed by all under his jurisdiction and to bee guarded against all disobedience and contempt from men it must bee understood in the use of such meanes and wayes God hath allowed the Magistrate as distinct from private persons or ministers viz. such as are proper to him and which God hath given him by virtue of his place to use Now those meanes qua Magistrate are in the exercise of his coercive power by Lawes and Edicts and by the use of the temporall sword given him of God to restrain and hinder such evills and to promote and further such good So Melancton when as the Magistrate is the keeper of the Lawes hee himselfe obeys them and compells others to obey them and defends strongly their authority Therefore he is armed of God with the sword The Minister hee restraines and punishes only with the word of God with preaching and excommunication without bodily force But the Magistrate being armed with the sword punishes those who are conâ—umaicous with punishments of the body Triglandus showes how Ministers Fathers of families Magistrates and all people are commanded to keep the Law and are keepers of the Law and then layes down the difference between all these in keeping the Law The Minister hee teaches whole Assemblies the true rule of holinesse admonishes and exhorts al to subject to the command of Christ and by the power of the keyes casts out from the communion of the faithfull impenitent and refractorie persons The father of a family teaches in his family the exercise of true piety goes before them in example and by his authority restrains his that they shall not turne out of the good way Now he who is Magistrate doth not teach but as a beleever out of the Law of love as other beleevers doe and as a Father of a Family his owne household But as a Magistrate with his coercive power he commands and forces all within his Territories that they shall not outwardly offend against the true Religion and worship of God And so all our Divines who have written of the differences between Civill and Ecclesiasticall power as 〈◊〉 Zâ—â—chiuâ— Amesiâ—â— Apolloâ—â—◠〈◊〉 do show the lawfulnesse of the Magistrates using outward force by pâ—nall Lawes and bodily punishments towards those persons and things whereof God hath given them power I will quote one passage out of Amesiâ—â— Between the Magistrates and the Ministers of the Church there is this difference T is the duty of Magistrates by Civil means and coercive power to procure the common good as well spirituall as bodily of all those committed to their jurisdiction 1. Tim. 2. 2. but of Ministere by Ecclesiasticall means to procure the spirituall good of those committed to them And another out of Bilson Ministers may teach but not command perswasion is their part compulsion is the Princes By all which it appeares the Magistrate having power in matters of Religion as the
seven Precepts Juris Noachidarum seu Naturalis as they are called among which Idolatry and Blasphemy De Cultu extraneo De maledictione Nominis sanctissimi seu Numinis were the first Nay further he proveth that every Gentile which had not received those seven Precepts was to be punished with death if he stayed in the Jewes Territories and particularly in divers places of that Book showes that Idolatry and Blasphemy were punished by death upon all that lived in the Iewish Common-wealth though they were not Proselyti Justiciae and on those words Levit 24. And he that blasphemeth the name of the Lord he shall surely be put to death writes thus Id est sive fuerit Proselytus sen peregrinus sive indigena aut civis ex eo quod blasphemaverit nomen Domini morte plectendus est yea he saith that the Gentiles or Proselytes Domicilii were punished more severely then the Iewes in this case of Blasphemy not only for blaspheming the proper name of God but the Cognomen All which showes clearly these punishments were not inflicted upon the Iewes qua Iewes and qua a typicall people in a typicall Land c. but upon them as the nature of such crimes calling for such punishments and that 't is the Magistrates duty to restraine in Iews or Gentiles in all under their jurisdiction Idolatry blasphemie c. Thirdly the reasons and grounds of these Lawes and commands with the use and end of them upon which they are inforced are of common reason and equity that concern us under the New Testament as well as the Iewes I doe not finde one Ceremoniall or properly Iudiciall reason given of any one but all of them are laid downe either absolutely and simply without any reasons at all or else upon such reasons as are morall and perpetuall and I judge that in all commands which are not typicall and ceremoniall and so some other thing apppointed to come in upon the abolishment to make good their perpetuall end and use assigned that rule of Divines holds universally true Ratio immutabilis facit praeceptum immutabile which by the way may serve to answer the Evasions of Minus Gelsus Senensis and of Hagiomastix bringing instances in Circumcision and such like which the Scriptures declare expressely to be abolished having substituted Baptisme and other ordinances in their roome but have not said one word in the like kind of the commands in question besides that Christ the substance of those shadows is come and so they are of no further use at all And indeed Acontius though a great Libertine doth confesse that Law in the 13th of Deuterenomy of the stoning of the false Prophet and Seducer is not confined only to the time before Christ having no place at all under the Gospel and to the ground and conjecture as Acontius calls it of that opinion he saith that the reason set downe in the same is against it viz. All Israel shall beare and feare and shall do no more any such wickednesse as this is among you which reason certainly abides alwayes so that although this Law had exspired yet notwithstanding by vertue of it the Magistrate hath a right and power of making another like it as he hath of making Lawes against Murtherers Adulterers and other flagitious persons Fourthly Before these Lawes in Deut. 13. and Deut 17. for punishing Idolaters were given by Moses yea before Moses time or any Common-wealth among the Iewes was erected in other Countries remote from the Land of Canaan Idolatry in worshipping creatures deserved punishing by the Magistrate as I have showed already fully in page 13 14. of this Book yea the particular kind of Idolatry instanced in Deut. 17. 3. of worshipping the Sunne or Moone which among the Israelites was to be punished by death if it had been found in Job in the Land of Vz he had beene worthy of punishment from the Iudges for it Job 31. 26 27. 28. And other Princes not Iewes as Artaxerxes Nebuchadonezar c. made Lawes and Edicts for punishing those that blasphemed the God of heaven and transgressed his Lawes as the Scriptures testifie Now the Lawes properly judiciall that were the Iewes civill Lawes simply belonging to them as such a people in such a Countrey were in use only among themselves and not practised by other Nations and Countries but such Lawes and Customes used among them that were observed universally among all Nations or by divers Nations though not of all strictly speaking were not Iudiciall Lawes but the Lawes of Nature and Nations though according to the Discipline of the Iewes that is what was received in the Church and Common-wealth of the Iewes and accordingly accounted by them as the Law of the world of all men and ages or the Law of many Nations common to them with those Nations of all which the Reader may be further satisfied in that learned Peece of Mr. SELDEN'S De jure Naturali Gentium juxta disciplinam Ebraeorum and particularly in the Preface of that Book where he sheweth the reason of that Title and gives the summe of his work and undertaking and in his first Book And among the Iawes of Naturall right as distinguished from the civil lawes of the Jews or simply Israeliticall those commands of punishing for strange worship and Blasphemie are reckoned by the Jewes themselves as the Reader may find in the first book de Jure Naturali Gentium cap. 10. 2 book cap. 1. 12. 3 book cap. 1. Fifthly The Spirit of God under the New Testament Hebr. 10. 28 29. speaking according to the common equity and justice of the matter and not according to a Politicall law peculiar to one Nation saith of the despisers of Moses law that died without mercy under two or three witnesses that they were worthy of it as appears by the comparative Of how much sorer punishment suppose ye shall he be thought warthy Every comparative implying a positive The sorer punishment that he is worthy of who hath trodden under foot the Son of God supposes the other worthy of the sore punishment inflicted upon them by Moses law for despising it Now by Moses law in this place the breach whereof deserved capitall punishment must needs be meant sins against the first Table rather then against the second and that because the scope of the Apostle is to warne the Hebrews against Apostasie and falling off from the Christian religion for which end he brings these words among others and therefore would speak ad idem Beza upon 〈◊〉 place saith that the Apostle speaks not of the transgression of any one command but of the apostasie and totall defection from the true Religion of which Moses in Deut. 17. 2. had spoken So Calvin upon this text The law under Moses did not punish with death all sins or transgressions committed but Apostasie The Apostle had an eye to that of Deut. 17. 2. of stoning him that served strange gods And Pareus
found to make for the defence and preservation of the obedience of the Decalogue 3. If appear as usefull and necessary now for the glory of God the salvation of mens soules the peace safety of the Church and State as then Now all these do most clearly appear in punishments of sins immediately against God as Apostasie Idolatry Blasphemy c. For first these commands are of the light of nature thaâ— he who is in place and power should forbid and punish the speaking evill of God This sentence as Melancton writes is preacht to all men yea to all reasonable creatures every one in his place ought to forbid and hinder the manifest reproaches and dishonours of God And therefore Magistrates ought to forbid and punish Epicurean speeches worships of Idols profession of wicked doctrines Many Common-wealths among the Heathens have made Lawes against Epicures and Atheistâ— who have openly held there was no God or that there was no providence of God Peter Martyr in his Common Placeâ— that Heathen Princes used to care for Religion and have punished men even to death for the matters of Religion Thus Socrates was condemned at Athens for no other cause but for teaching of new gods I and for with drawing the youth from their old worship of the gods Zanchius on the fourth Commandement writes that by the Law of nature all Princes among the Heathen judged that the care of Religion belonged to them The Athenians judged so the Romans also and thereupon made Lawes and punished for violation of religion Beza gives three instances of punishments inflicted by heathen Magistrates upon three cheif Philosophers for matters of Religion Socrates Theodorus Protagoras the last of which was by the Athenians banished out of their Territories and his books burnt for writing contemptuously of the gods in these words De diis neque ut sint neque ut non sint habeo dicere Musculus in his Common Places speaking of Magistrates having the care of Religion saith the wise men among the Heathen acknowledged it and that the truth of this opinion was so manifest as that it could not lie hid from the Heathen it was jus gentium dictated by the light of nature and therefore ought to be much more acknowledged and embraced by us who in the knowledge of God go farre beyond not only the Gentiles but the Iewes Master Selden in divers places of that learned Book De Jure Naturali Gentium proves that those commands De Cultu Extraneo and De Maledictione Nominis sanctissimi seu Numinis were Jus Naturalis common to all men were indeed the cheif and first Heads of the Law of Nature and that in those precepts viz. for the negative part all the Gentiles who lived or but passed through the Land of Judea were punished by the Magistrate for Idolatry and blasphemy as well as the Iewes and that from Lawes common to the Iewes with the Gentiles though the kinds of the punishments viz. this or that as whether stoning c. were not of the same nature but more proper to the Iewes yea he showes it was an opinion held by some learned men that it was not lawfull for any Gentile to speak evill of and blaspheme his God which hee worshipped as the God of his Countrey and saith it was founded upon those words Levit. 24. 15. Whosoever curseth his god shall heare his sinne the blaspheming the name of the Lord being spoken of after in the 16. verse as if it were distinct from that in the 15. verse In which forme of speech divers learned men both Rabbins Fathers and others would have forbidden to all the sonnes of men not only speaking evill evill of the most holy and only God but also the speaking of those gods which they had chosen to themselves So as none of the Gentiles might blaspheme their false God which yet they had not renounced without the violation of that Law Whosoever curseth his god shall beare his sinne Master Burroughs in his Irenicum though he be for a Toleration in a great measure as in things controversall and doubtfull amongst godly and peaceable men and that with a liberty of declaration of difference of judgement and some different practise page 55. yea brings such Arguments for that Toleration that if they prove any thing they prove a generall Toleration yet confesses page 23. of that Book T is the dictate of nature that Magistrates should have some power in matters of Religion The generality of all people have ever thought it equall It hath ever been challenged of all Nations and Common-wealths The Heathens would never suffer their gods to be blasphemed but punished such as were guilty thereof by the power of the Magistrate Socrates was put to death for blaspheming their multiplicity of gods And Master Burroughs in page 19. of the same book affirmes that Principle That Magistrates have nothing to doe with matters of Religion is abhorring to nature Is it not an abhorring thing to any mans heart in the world that men suffer that God to be blasphemed whom they honour and that nothing should be done for the restraining any but to aske them why they doe so and perswade them to doe otherwise There hath ever been as great a contestation amongst people about Religion as about any thing Exod. 8. 25 26. Pharaoh hade Moses sacrifice in the Land But Moses said it is not meete so to doe for we shall sacrifice the abomination of the Egyptians Lo shall we sacrifice the abomination of the Egyptians before their eyes and will they not stone us Though they had leave of the King yet the people would not endure it By which place of Scripture 't is evident that the Egyptians who were heathens by the light of nature would not endure the dishonour of their gods to see those creatures they worshipped for gods to be killed as Oxen and Sheep the principall sacrifices of the Hebrewes but they would kill the Israelites for so doing And lastly Master Prynne in that late Book of his The sword of Christian Magistrates supported doth largely and excellently show that by the light of nature in all ages Heathen Magistrates have made Lawes against and punished such whom they esteemed Atheists Hereticks Blasphemers of their Gods or oppugners of their established Religion and that with no lesse then Capitall punishments unto which Book from page 14. to 19. I referre the Reader where he shall finde many examples of Heathen Kings and Nations recited and shall conclude this with that saying of Seneca De Benefic lib. 3. cap. 6. Violatarum Religionum aliubi atque aliubi diversa pâ—na est Sed vbique Aliqua as well as of homicide paricide poysoning Secondly the Magistrates sword in matters of Religion in punishing Blasphemies Idolatries Heresies hath been found by good experience in all ages to make greatly for the defence and preservation of the first Table to stirre men
the taking away of the evill from amongst the people be an act of love to God and man a vindication of the glory of God then the punishing of Blasphemie Idolatry and such like for the taking away of the evill is an act of love to God and our neighbour The punishing of menbers of the Church under the Gospel by excommunication is held an act of zeale to the glory of God and love to the Church the Reasons why such a censure ought to bee in the Church are refer'd to those heads by Divines yea by the Separatists and Independents themselves as Mr. Robinson and others and those very reasons and ends spoken of in Deut. of putting away the evill from among you as the people shall heare and feare and doe no more presumptuously are in the new Testament by Paul given as the reasons of Excommunication 1 Cor. 5. 2. 13. 1 Tim. 5. 20. 1 Tim. 1. 20. Those very phrases there used by Paul being alluded unto and taken from those in Deutâ—ronomie and therefore if love to God and men stands in these sentences under the Gospel borrowed from the Law of putting away the evil of others fearing and doing no more so then certainly love to God and men is contained in those reasons and ends under the Law the originall and fountaine from whence the Gospell took them nay yet further excommunication which I have shewed is founded on the reasons expressed in Deut. 13. 17. is made by Christ an act of brotherly love Matth. 18. 15 16 17. compared with Levit. 19. 17. Secondly because those Kings Magistrates and Persons recorded in Scripture above others for loving God and the people for being most zealous of Gods honour and glory used most this coercive power against Idolaters Seducers Blasphemers c. of all others and more especially at such times when they were at best for grace and goodnesse and commended by the spirit of God for their zeale and forwardnesse as Moses in the businesse of the golden Calf as the children of Israel in the case of the two Tribes and a halfe building an Altar as Asa Jehoshaphat Hezekiah Josiah then spoken of especially for zeale courage perfect hearts when they most exercised the power of the sword against Idolatry Apostasie and all Wil-worship When Jehu and Jehoash were at best had most zeale they destroyed Baal and his worshippers Manasses upon his conversion in his first love and zeale commanded Judah to serve the Lord God of Israel and took away the strange gods and all the Altars and cast them out of the City Nebuchadnezar Darius upon their hearts affected by the sight of the great works of God make Lawes for Gods honour against Blasphemy c. Christ out of his zeale of his Fathers House and love to his glory used coercive power upon those who made his Fathers House a house of Merchandise though he never used it in matters of the second Table but declined it John 2. 15 16 17. compared with Psal 69. 9. of which I shall speak more in the 20. Thesis Paul out of love and zeale to the glory of God and the salvation of the Galathians prayes for corporall capitall punishment upon false Teachers Gal. 5. 12. which place that t is so â—o be understood I shall prove it in the 20. Thesis And I desire the Patrons of Teleration to answer this question whether in their consciences they think not those godly Magistrates under the Old Testament as Moses Josiah c. punished Idolaters c. out of love to God and their Brethren whether love and zeale set them not awork which if they did certainly they were to continue under the Gospel For I would willingly know what good reason can be given that Magistrates under the Gospel should not have as much zeale and love to God and the publike as they had under the Law and if under the Law it made them restraine Blasphemers Idolaters c. if their zeale and love workt so why not now also when the glory of God and the safety of the Church requires it the Magistrate after other remedies used in vaine should draw the sword against Hereticks Apostates and Blasphemers Ames Casus Consc lib. 4. cap. 4. do Haeresi Thirdly the Magistrates punishing with the sword Traytors murtherers theeves adulterers that so God may not be dishonoured by those sinnes nor the Common-wealth and our neighbours hurt is an act of love to God and men as is evident by the Office Rom. 13. verse 3 4. compared with 8 9 10. verses and by other reasons that might be given if it were needfull Bullinger in his fifth Book chapter 6. page 177. against the Anabaptists showes that the punishing of offenders is according to Christian love that the Magistrates punishing is not only profitable for one man but for the whole Common-wealth the punishment of one guilty person preserving many alive and that just punishment is not against love neither doth true love abrogate punishments Zanchiâ— in his Tractate De Magistratâ— Quaest secunda writes to this effect that to punish offenders who are injurious to God and our neighbour is a work of charity which requires that we should defend the glory of God and the safety of our neighbour by all meanes that may be As when theeves robbers murtherers are by the Magistrate taken away lest the City and our neighbour should be hurt this certainly is a work of charity So doubtlesse those obstinate Hereticks who go on to blaspheme the name of God who overthrow religion and piety who corrupt the true and sound Doctrine who disturbe the peace of the Churches who steak from their neighbours the members of the Church not their estates neither kill their bodies but endeavour to destroy their soules doe most of all wrong God and their neighbour therefore to punish them is the greatest work of love to God and their neighbour Now if the restraining of those who spoyle men of their goods temporall lives outward dignities that corrupt and embase coyne bee a work of love to God and man then to hinder Blasphemies Treasons immediately against the Supreame Majesty of God and his Kingdome the ruining of immortall soules and the eternall lives of men the adulterating the truth of God and the Faith once delivered to the Saints is an act of higher love to Gods glory and our Brethren in as much as such offences immediately against God transcend any Treason against earthly Kings and the killing of soules is a greater evill then the killing of bodies and the corrupting the truth more dangerous then counterfeiting or mixing baser mettals with Gold or Silver Wolphius in Deut. 13. Si quis human at Tabulas depravatet magnum est quid de Divinis In a City if any one seeke to draw away persons from the Prince and government and to draw men to their side they are punished and should they escape unpunished for drawing men away from the King of
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
Evangelists and Apostles are now alive by this arguments because they were alive some of them thousands and others of them many hundred yeares agoe Thirdly besides this false consequence t is evident upon many grounds that Doctrines are alive doe bind when the Publishers and writers of them are dead yea they are written for that end that they may teach and bee a rule when the men who writ them are dead that being dead by these they may yet speak as the Apostle â—om 15. 4. tells us yea many things are spoken and written to be a rule of direction to the Church intended to take place rather after their death then in their life time as the Prophecies of the Prophets and some Prophecies also of the Apostles so that it may be said as Zâ—ch chapter 1. verse 6. Your Fathers where are they and the Prophets do they live for ever But my words and my Statuâ—â— which I commanded my servants the Prophets did they noâ— take hold of your Fathers though Pen-men and writers of Scripture die yet their words and Doctrine take hold and place when they are dead Fourthly by this reason of holding Moses is now alive if the law of God in the old Testament binds it will follow that all Moses Doctrine the ten commandements and all he writ in the Pentatench Genesis c. are void as well as these commands about punishing false Prophets c. for they were made known and written by Moses when hee was alive and to bee found in his Books together with these lawes termed judiciall So that the Antinomian may as well say the same against the morall law under the Gospell when the ten Commandements are pressed and the Socinian and Anabaptist against those commands to put to death murtherers which now Master John Goodwin doth against these lawes in Deut. 13. c. that men may as well prove the man Moses is now alive by these commands because he was alive under the old Testament as bring those places of Scripture written by Moses to prove the morall law in force and those commands who so sheddeth mans bloud by man shall his bloud bee shed Fifthly whatever Hagiomastix by way of scoffe hath spoken thus of proving as well Moses may be now alive t is evident besides the new Testaments Confirmation in many places of the Evangelists and Epistles of the old Testament being in force in the dayes of the Gospell of which I shall speak in the 18. THESIS and so will pare the Reader here it by name particularly ratifies the Doctrine and Authority of Moses writings and proves and urges severall things upon men under the Gospell from texts taken out of the five Books of Moses as these places in the new Testament unanswerably show Matth. 23. 2 3. Matth. 28 29 31 32. Mark 12. 26. Luke 16. 29 30 31. Luke 24. 27. John 1. 45. Acts 3. 22. Act. 26. 22. Acts 28. 23. Rom. 9. 7 9 15 16 17. Rom. 10. 6 8. Rom. 13. 8. 9. Ephes 6. 2. 3. yea severall particulars of the judiciall lawes are brought to prove duties required in the new Testament as page 56 57 60. of this Book showes and lastly Moses Authority and writings are of such sacred account under the new Testament that in the Pâ—â—lation the Book that concludes and shuts up the Canon of the new Testament the Book that speaks of things that shall be in the Church of the new Testament till the end of the world Moses his name and writing are joyned with the Lamb and that to be made use of by the most eminent and faithfull servants of God that have gotten the victory ever the beast and over his Image and over his marke and over the number of his name these standing on the sea of glasse having the harp of God sing the song of Moses the servant of God and the song of the Lamb saying great and marvellous are thy works Lord God almighty c. So that all these things being laid together I suppose by this time every ingenuous Reader must needs see that by this Answer to Deut. 13. c. Hagiomastix intended rather to spread a table of mirth for himselfe and his Church to feast on then to give any satisfaction to the Reverend Author of the Vindication of the printed Paper entituled an Ordinance for the preventing of Heresies c. and the rest of the Presbyterians Fourthly as to that answer of Hagiomastix p. 48. 49. they that will have the ancient law for putting Blasphemers Idolaters to death to be now in force must consequently hold t is in force not simply only as to the inflicting of death upon the offenders but in all other particulars commanded by the same Authority as not be killed after any maÌ„ner nor with any kind of death but with stones not only the seducer but the seduced themselves though whole cites not only the inhabitants but the cattel also with divers other particulars named in that of Deut. 13. For if men will urge this law as being still in force they make themselves debters to urge the execution of the whole in all the particularities and circumstances thereunto belonging For who hath any power to make an Election or Reprobation amongst the Commandements of God where God himself hath made none I reply it followes not t is no good consequence that all circumstances accessories particularities must bind because the substance of a command binds or that the substance and summe of a command must be taken away because some circumstances formes and particularities are not in force To argue a thing it selfe abolished because the modus of it binds not alwayes or that the substance and essentials must cease because divers accessories circumstantials and formes wherewith it was clothed most suitable to such a time Countrey condition of such a people are ceased is a fallacie a dicto secâ—ndum quid ad dictum simpliciter which all Logitians know is no good reasoning If I or any other Presbyterian had argued thus such a mans bond binds not now or this is not such a man hee is dead because his apparell haire place of abode with some other such accessories are changed antiquite altered we should certainly have spread a table of mirth for the Independents and therfore I judge for Hagiomastix thus to reason shows no great strength and I doe desire Mr. John Goodwin but to rub up his old Logick of the nature and difference of Substance and Accidents and then I know he will confesse though for him to confesse any thing as manifest as the light wherein he is mistaken in writing is as rare as a black Swan that Accidents may be varied and taken away salva substantia And that I may show the weaknes of this reasoning that this 13. of Deut. is therfore not in force because then the manner of punishing with stones and the person tempted to Idolatry though never so deare stoning him with divers other
substance there may well be a great change of accessories accidentals formes and manner of proceeding which neverthelesse give no ground for the taking away things and commands themselves but only clearly show there may bee a cessation of all such forms accessories manner of proceeding which were peculiar to that time and people And if wee do but observe and consider the composition of most of the mosaicall lawes how they are mixt of morall judiciall and ceremoniall how lawes judiciall have something morall and something ceremoniall in them and ceremonials have something judiciall and morall in them and how that those things which in their nature are moral and perpetuall have yet somewhat judiciall and ceremoniall annexed to them of all which we may be further satisfied in Zepperus his explanation of the mosaicall lawes we may easily conceive how in these mosaicall lawes a command the thing it selfe may be binding for the substance and yet severall particulars accompanying as being properly judiciall and ceremoniall may cease among which now the form and kinds of punishments the extent with rigor and severity of punishing to the cattell the making the city a heap for ever c may be reckoned And that these are but accessories and appendixes of these lawes for punishing Idolaters false Prophets which therefore may not bind though the commands for the substance be still in force may appeare thus because inflicting death simply upon Apostates false Prophets c is commanded without any of these accessories of destroying the cattel and making the city an heap c as these places Exod. 23. 20. Deut. 17. 2 5 6. and Deut. 18. 20. snow which is worthy to be taken notice of besides in the commands to punish those who offer up their children to Molech and that Blaspheme God Levit. 20. 2. Leuit. 24. 16. the inflicting of death upon them is required but none of those particulars mentioned Deut. 13 15 16 17. In the new Testament also though the punishing by death according to Moses law of Apostates be approved of as in page 52 53. of this Book I have showen and severall judiciall Lawes for the substance ratified page 56 57. yet the formalities accessories with all particularities of such Lawes never are spoken of and lastly though severe punishment by the Magistrate the substance of that command in Deut. 13. be both before Moses Lawes as in Jobs time and after Moses times by Artaxerxes Nebuchadnezzar Darius in cases of Apostasie Idolatry Blasphemie approved of yet there is not a word spoken of destroying Cattell the whole Cities c. And to stop Hagiomast mouth for ever I wish him to consider this that by vertue of commands under the old Testament Apostates false Prophets Idolaters may be now put to death and yet the Magistrates under the Gospel not bound to destroy whole Cities cattell nor fulfill the rest of his inferences For it will appeare by many instances in the old Testament even in that time of Administration of the Covenant wherein the 13. of Deut. was written that the Magistrates held not themselves bound to à ll those particulars of destroying all the inhabitants cattell c. though they inflicted punishments yea death upon some Idolaters and Apostates as these instances fully show viz. in Moses Exod. 32. commanding in the worship of the Golden Calfe three thousand to be slaine not all the people nor the cattell Numb 25. 2 3 4 5. commanding for the bowing downe to the gods of Moab the heads of the people to be hanged up not all the people neither the cattell to be killed in Eliah killing the Prophets of Baal only 1 Kings c. 18. not the people in Asa entring into Covenant that whosoever would not serve the Lord the God of Israel should be put to death and in deposing Machah his Mother for making an Idoll in a Grove 2 Chron. c. 15. but not entring into Covenant to destroy all the Cattell and the Cities where such persons lived in Josiah sacrificing all the Priest of the high places in Samaria that were there upon the Altars 2 Kings chapt 23. but not sacrificing the people nor the cattell and so in others which might be given And therfore if Magistrates under the old Testament though all thought it their duty to punish◠Idolaters and Apostates were not tied to all the particulars in Deut. 13. then certainly the Magistrates under the new are lesse tied to those accessories and formalities of that Law by all which t is apparent those things laid down in Deut. 13. 15 16 17. are only accessories accidentals of that cōmand of punishing with death those that goe after other Gods and not of the nature and essence of it yea holding only in some particular cases time but not generall to the Iewes themselves which in what cases and how I shall forbearespeaking of now for feare of inlarging this part beyond its proportion intended And for a conclusion of this the consideration of this mixture and composition of the Lawes of God under the old Testament is exceeding usefull for this purpose viz. that thereby wee may judge more easily of the mutabilitie or immutabilitie of them whether they be temporary or perpetuall and so whether they bind all men or only some In commands alledged out of the old Testament this is to bee carefully lookt into whether they be meerly and purely morall or ceremoniall or judiciall or whether mixt and compounded and how of what lawes mixt If the command bee pure and simple the thing is evident where morall is binds where ceremoniall or judiciall it binds not But if it bee mixt of judiciall ceremoniall and morall or of ceremoniall and morall the morall remains and is in force by all which wee may see the weaknes of Hagiomastixs inference that if that command in Deut. 13. does at all bind Christians it must binde in every particular there spoken of for what 's morall in Deut. 13. abides and yet what 's properly judiciall and ceremoniall is taken away look as that were no good argument against the fifth commandement being in force under the new Testament because then what was judiciall and ceremoniall in it as containing the promise of the Land of Canaan and a blessing in it c. must remaine under the Gospel so neither is this of Hagiomast For as a command morall may have somewhat judiciall mixed with it so may a command judiciall have much of morall in it but now what judiciall lawes and how mixed are temporary and changeable and upon what rules and grounds and what judiciall lawes are immutable and perpetuall and how to bee known I referre the Reader for satisfaction to Zepperus explanation of the Mosaicall Lawes 1. Book chapt 7 8 9 12. And as for those commands in question of Magistrates punishing in cases of Apostasie Idolatry Blasphemie they are upon all occasions reckoned by learned Divines among the immutable and perpetuall as by Zanchius De Magistratu Quaest Secunda
p. 170 171. Beza De Haeretiâ—is a Magistratuâ— puniendiâ— p. 152. 154 155. and by Zepperus in his explanation of the mosaicall judiciall laws first Book c. 10. page 72. and 4. Book chapt 2. p. 243. where hee makes the lawes against the false Prophet teaching publikely the private Seducer the publike defection of the whole City c to bee appendixes of the first command and of common right and particularly in the third chapter of that fourth Book proves by severall Reasons the punishing of false Teachers Hereticks Blasphemers ought to bee perpetuall which learned Authors notwithstanding grant the kinds of punishments the particular forms of those lawes and as they were given of Moses to bee constitutive of the Jewes pollicy to be changeable and not binding The kinds of punishments are taken away Christ would not have the Gentile Magistrate to be bound to those lawes for the kind of punishments which were given to the Jewish Magistrates but notwithstanding punishments in generall are not taken away but commanded In the constituting the kind of punishment there seems a peculiar reason to have been had of that Nation There were certaine peculiar things in those lawes that doe not now belong to us which particulars being taken away there are two things by vertue of those lawes remaine First that defection from the true Religion and seducing to tha defection should be punished by the Magistrate noâ— Secondly that Capitall punishment should be inflicted according to the greatnes of the Blasphemy and wickednesse upon factious and seditions Apostates For of such account ought the Majesty of God to be among all men in all ages of the world that whosoever shall despise and mock at that be who speakes evill of the Author of life is most worthy to have his life taken away So Zanchius De Magistratu Quaest secunda page 170. 171 172 and Beza De Haereticis a Magistratâ— pâ—niendis page 154 155. speake and therfore according to that three-fold distinction laid down page 53 54 55. of this Treatise this law in Deut. 13. may be in force 1. according to the substance and equity of it according as there is a common right in it common to other Nations with the Jewâ— and secondly as it contains a Doctrine made known by God for punishing such offences though wee Christians are not tied to the particular formes of that command according to the Mosaicall law or politie nor as it was given by Moses to one people nor to the utmost vigor and severity of it expressed in every particular which being in force under the Gospel but in this sense thus far fully makes good that which t is brought for the Magistrates coercive power under the new Testament to punish false Prophets Apostates c neither does the abating somewhat of the rigor of the Law sutable to the Mosaical Paedagogie or the relesiang of the particular forms of that Law the kind and manner of punishing abrogate all punishment and restraint For we may easily conceive and wee often see it in experience the rigor and utmost severity of a Law in regard of some circumstances abated and yet not all punishment neither the substance of it taken away and indeed if wee consider what the judiciall Law concerning punishing in criminall matters is as t is laid downe by divers learned men Beza Zepperus Amesius viz. that law which doth peculiarly explicate that part of righteousnesse and equitie concerning executing justice and judgement or the most accurate determination and fit application of the naturall right according to the speciall and singular condition of that people it must needs follow that though those circumstances which were proper to that speciall estate of the Jewes are ceased as of necessity they must the State of the Jewes being changed yet the things themselves as abstracted from their relation to the Jewish Church and state cannot be abolished as being naturalis juris which still doe hold forth to us the best determination of naturall right as Amesius speaks as the changing of the fashion forme and proportion of a mans clothing and apparell cannot alter a mans substance and person so neither can the forms and manner of the judiciall Law by which it was fitted for the Jewes condition as a garment is to a mans body take away the Law it selfe so that judicias being â—othing else but naturals and morals clothed for a time after such a manner to fit the nature and manners of such a people that time and people being passed away the substance viz. what 's naturall and morall must needs remaine Fifthly as to those other inferences added by Hagiomastix page 50. 51 52. to the former that if the obligation of the Mosaicall Law for putting Blasphemers Idolaters c to death was intended by God to continue under the new Testament why was the Apostle Paul so farre from enjoyning a beleeving brother to detect or to put to death his Idolatrous wife that hee doth not permit him so much as to put her away from him if the Law in question was to continue in force under the Gospel then was every person in an Idolatrous state and kingdome whilst it remained Idolatrous bound to seeke the death one of another yea to destroy one another with their own hands Yea the civil Magistrate was bound to sentence all his subjects that practised Idolatry to death without exception and to make a bloudy desolation throughout all his dominions then were beleevers in Idolatrous states and kingdomes upon their respective Conversions to the Christian faith bound to accuse their neighbours being Idolaters and Blasphemers round about them before the Magistrate especially if hee were a Christian and to require the execution of this Law of God upon them to have them put to death I answer M. Goodwins Ifâ— Thens proceed either out of the grosse ignorance of the state of the question of Toleration and scope of Deut. 13. or elsefrom a designe to delude and abuse the people with a show of some reason which though hee knowes in his conscience very well hath no waight at all yet he thinks will serve to mislead his followers who takes shadowes for men For whereas the question about punishing men with death or other severe punishments in cases of Idolatry and false Doctrine is understood by all Divines who write of the Controversie in case of Apostasie and defection meant of those who have once known and received the Christian faith and not of Jewes Turks and Pagans of Magistrates also in their owne jurisdiction and Territories not others and when it may bee with the safety and for the good of a Nation and Kingdome not to the manifest destruction and ruine of a Kingdome as he may find in the writings of many learned men who have writ upon the Question Calvin Beza Zanchius Bullinger Danaeus Musculus Gerardus Baldwins cases of conscience Zepperus Videlius Voetius Master Rutherfurd c and is evident
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
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
Apostles and Prophets in those Primitive times were infallible and immediately inspired of whose immediate infallibilitie how farre and in what way whether only in penning the holy Scriptures or how else whether ex hubituali asseâ—â—entia Spiritus or only de particulere assistantia Spiritus I shall speake at large in the second part of my Anti-Toleration in answering that Objection we have now no externall infallible Iudge yet all those they wâ—â—t unto in their Epistles every particular beleever man and woman were not neither are infallible not the Elect Lady and her children not all the beleeving Romans nor all those Christians to whom the Epistle generall of Iohn and Iude were written nor those Angels of the Churches of Pergamus and Thyatira nor Christians in our times to whom those commands and Rules are written and given by the Apostles as well as those who then lived for the Epistles did not concerne the times and the particular Churches and persons only to whom they were written as some wickedly affirme and yet these are commanded to stand fast in the Faith to avoid those who cause divisions contrary to the Doctrine which they have learned to prove al things are reproved found fault with by the Spirit of God for not censuring of Heresie false Doctrine c. which fully proves true Doctrine may be known from false false Teachers may be discovered and censured by persons not infallible and so the judging of what is Heresie Scism and who is a Heretick or a Scismatick and the punishing or not punishing of them depends not upon infallibilitie or fallibilitie of Spirit infallibilitie is not the ground of censure nor fallibilitie of non censure Thirdly The Apostles who were infallibly and immediately inspired yet in cases of Controversie arising in the Church and in censures and determinations thereupon did not act from infallibility and immediatenes of Answers from God but from Scripture grounds by way of reasoning and disputation deduced and in a Synodical way by the joint common resolution of Elders as well as themselves as is evident by Acts 15. Acts 21. 18 19 20 21. In that dissention that Paul and Barnabas had with certainemen that came downe from Judea about circumcision Paul and Barnabas were able to have determined it without their and others going up to Jerusalem to the Apostles and Elders Paul by his Apostolicall infallible Spirit could have determined as in Gal. 5. 2. Behold I Paul say unto you that if you be circumcised Christ shall profit you nothing but the whole businesse is debated decreed and the decrees sent forth by Synodicall Authoritie determined according to the word of God and not by extraordinary immediate infallible inspiration of the Spirit the proofe of which seing the Reader may find so fully and largely in many learned Authors I shall spare to write anything of it So upon Pauls comming to Hierusalem Acts 21. and the offence that many thousands of the Iewes which beleeved and were zealous of the Law took at him Paul went not upon his own infallibilitie of Spirit or immediate Revelation but upon the joint councell and direction of Iames and all the Elders verse 18. 20 21 23 24 25 26. Now if the Apostles in judging of false Doctrine and Scisme censuring the Authors of these and imposing upon the Churches their Decrees to be kept all which are spoken of in Aâ—ts 15. proceeded not in the way of infallible immediate Revelation from God laid it aside as it were but in an ordinary way by Scripture reason experience upon and after much debate as is apparent from verse 6. to verse 30. then t is evident that immediatnesse of Revelation with infallibilitie of Spirit is not the sole judge of Heresies and Errors and the only just reason of inflicting punishments upon Hereticks and Scismaticks Seventhly besides the other false Suppositions laid down by Hagiomastix in his 36. Sect. as the enquiring by Vrim and Thummim in cases of Idolatrie Blasphemie as that Inallibilitie is the ground of coercive power c this also is false that he supposeth under the new Testament there is no Infallibilitie nor certaintie to be had in difficult doubtfull matters of Religion but that in those things we walk at midnight in comparison of those under the old Law who walked at noon day which assertion of the uncertaintie and darkenesse of the Church in points of Religion under the new Testament compared with the old is contrary to these grounds First to many prophecies of the state of the Church after Christs comming which speak that then the earth shall be filled with the knowledge of the glory of the Lord as the waters cover the Sea and the light of the Moon shall bee as the light of the Sunne and the light of the Sun shall be seven sold as the light of seven dayes and unto the manner of the Administration of the Covenant of Grace under the new Testament which however for substance was but one and the same under the Law and the Gospel yet for manner of Dispensation and Application differed and is various as many Divines show and one of the main differences between them in manner of Administration stands in this that the Covenant of Grace under the new differs from the old in Cleernesse and Evidence in that the Doctrine of grace and salvation by Christ and of faith in him together with the Appendixes is more distinct and expresse then before it was not being now under a vaile but beheld with open face 2 Cor. 3. 12 13 17 18. Secondly then the Church of Christ under the new Testament should be in a far worse condition then the Iewes were under the old for whereas they were sure and certaine in their Religion and had an infallible way of being resolved in all doubts Christians now should be in continuall doubts and uncertainties in matters of faith not knowing what to doe or whether to turne themselves which must needs be a most miserable condition and the Iewes case in the time before Christs comming in the flesh was to be much preferred before ours for the burden of being under the Pedagogy of the Law with a certaintie and infallibilitie of knowing what to hold and beleeve is a light burden in comparison of being freed from the Ceremoniall Law and in the meane time to be without all certaintie and assurance in points of faith and worship Who would not chuse rather to undergoe some burden with an infallibilitie and certaintie of Religion then to enjoy a Libertie from a Yoake with an uncertaintie and continuall feares Is not the bondage of feare worse then a bondage of ceremonies and many outward Legal observations If the deliverance of us from the Pedagogie of the Law hath brought us into this condition out burden is greater in this thing then any that the Law laid upon the Iewes Hath Christ delivered us from one burden to lay a greater upon us Have wee
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
same reason the Decalogue the whole ten commandements are overthrown too for both in Moses his giving the moral Law and in the commands themselves with the preface from the second verse of the 20. of Exod. to verse 18. there are divers particulars typical and figurative of things under the Gospel temporall corporall things of spiritual and heavenly of which I having spoken before in this Book pag. 24. 25 83 85. and many learned Divines giving instances in this kind * as Zepperus Rivitus Master Burgesse I shall inlarge no further but referre the Reader to those Books Having laid downe divers reasons to prove the commands under the old Law for Magistrates punishing false Prophets Apostates Blasphemers to be of common reason and equity given to all Nations and for all Ages and having answered the most materiall grounds brought by the Patrons of Toleration to make void those commands as not binding under the new Testament I come in the third place to answer those evasions and shifts brought by Iacobus Acontius Minus Celsus Senensis and Hagiomastix `that if it should be granted that all and every the Lawes contested about as well that for putting to death the false Prophet as those for inflicting punishment upon the Idolater and Blasphemer were moral and still in force under the Gospel yet these could not reach unto Hereticks and false Teachers among us at not being those false Prophets Idolaters Blasphemers spoken of in the old Law If it can be proved that Hereticks are those Blasphemers false Prophets Apostates which Moses commands to be killed then it shall be acknowledged Hereticks are to be killed but there is a large difference between a Heretick and such a false Prophet or Apostate as the Presbyterians in their owne definition of Hereticks make A Heretick does not deny God the Creator of heaven and earth neither doth he teach that other gods are to be worshipped a Heretick does not deny the name of Christ a Heretick does not deny the word of God which an Apostate does So that the word of God may be used as a weapon against Hereticks which against an Apostate cannot A Heretick therefore is not mentioned nor touched in any one word of these Lawes But if any will go about to draw these Lawes unto an Heretick that cannot be done by the proper force of the words but as the Lawyers speake per extensionem latamque interpretationem by stretching of them and far fetched interpreation And it would first be well considered of whether every Law does admit of such extensions and if not every one which of them then does admit and wherfore and whether in this Law there are those things for which an extension is to be made By the false Prophet who was commanded to be put to death Deut. 13. 5. was not meant every Heretick or erroneous person nor yet those who taught or published any false Doctrine though of dangerous consequence but only those who endeavoured to perswade men to the worship of a false god that by affirming that they spake by the inspiration of some deitie and that their sayings were to be esteemed Oracles What Doctrine it was which made the Prophet or Teacher of it guilty of death is expresly determined in the Law it selfe and asserted to be this Let us goe after other gods which thou hast not known and let us serve them And that the Law of God made against false Prophets and worshippers of false Gods was not intended against those who otherwise held that the Law of God was to be kept but were infected with some other error is sufficiently evident from hence because in former times among the Iewes who were affected with a vehement love and zeale towards their law Hereticks notwithstanding were tolerated and particularly the Sadduces These although the greatest part of the people and the Rulers beleeved them to erre exceedingly neverthelesse they were not expelled the Citie neither exempted from being Magistrates or bearing any other Civill office yea they were not hindred from coming to the Temple or the Synagogues The Scribes and Pharisees also both held and taught many most dangerous and erroneous Doctrines yet were they also in great honor and esteeme in this Church and state And though our Saviour upon occasion reasoned against yea and reproved them all for holding and teaching these errors and gave warning to take heed of them yet did he never charge this Church or State or those that bare office in either with sin or unfaithfulnesse in their places for not proceeding against them in regard of their errors either by imprisonment or death And yet we know that the Zeale of his Fathers House did eat him up and that he attempted a reformation amongst them yea Christ did teach and presse upon men all and all manner of duties from judgement mercy and faith even to the paying tithe of Mint Annise and Cummin Now unto these and other such like besides some hints I have already given upon the 14. Thesis which may serve in part for satisfaction to some of these evasions I desire the Reader to mind these following Answers First there are other places of Scripture both of commands or else examples approved by God concerning the punishing with death or restraining by Civil power the last of which makes good the point in hand against Hagiomastix and other Libertines as well as that of death for other faults in matters of Religion besides Blasphemie Apostasie and false Prophecying in the sense now alledged by Hagiomastix and his Compeers which these following instances prove First in Deut. 13. 6 7 8 9 10 that very chapter verse 5. brought by Hagiomastix to prove only those were to be put to death who endeavoured to perswade men to the worship of a false God and that by affirming that they spake by the inspiration of some deitie and that their sayings were to be esteemed by Oracles the Holy Ghost layes downe the contrary giving a distinct Precept and command from that of the false Prophet or dreamer of dreams who publickly and openly sollicites to Apostasie concerning the killing of such who in a hidden and clancular way seduce T is observed by learned Junius in his Analytical explication on Deut. 13. that there are two sorts of Seducers to Apostasie commanded to be put to death the one of such who publickly and boldly sollicite who are spoken of in the 5 first verses the other of such who secretly intice in verse 6. and the five following Now however the false Prophet or dreamer of dreames might pretend to speak by the inspiration of some deitie for which the 5 verse of the 13. is quoted by Hagiomastix yet the private enticers to Apostasie as the daughter the wife of the bosome the Son besides that they are made a different sort from the Prophet and dreamer of dreams and those six verses from the sixt to the twelfth containe a distinct command from the five first
to punish for Murther Adulterery Theft more then for Idolatrie Blasphemie Hereâ—ie 2. Hagiomastix brings in the Church again as well as the State surely he is for a Toleration of all Heresies Blasphemies c in the Church as well as the State to have no man punished for his religion with any censure of Admonition Excommunication or Non-Communion In his M. S. he was for spiritual censures but in these 3. yeers last past the man is well improved belike to reason against any Church censure as well as State Punishment And by the way I desire the Reader to observe whatever reason in the wisedome of God there might be that nothing is set down in the Gospels of Christs charging the State with sin for not proceeding against the Sadduces c that cannot be the reason to show the unlawfulnes of Magistrates punishing Hereticks because Hagiom confesses the same of the Church that Christ charged not the Church nor the Officers with sin for not proceeding against the Sadduces and yet I suppose Hagiomastix will not openly professe t is a good Argument that no Church censures may be used against any Heretick however I am sure many of his Compeers in handling the question distinguish of a Toleration and censures granting Ecclesiastical censures though denying Civil And I am sure if Christs never charging the church nor those that bore office in her with sin for not proceeding against the Sadduces be no good argument to take away all Church censures neither is it to lay wast all Magistrates punishing in such cases 3. Christ did to the Scribes Pharisees Sadduces speak and reason against their errors yea reproved and threatned them for those errors which also is granted by Hagiomastix in doing of which he did equivalently and really presse upon them the suppressing and punishing of Heresies in persons under their power whilst he spake to men in Authoritie and denounced the judgements of God because of them He that preaches to a Prince against Idolatrie and showes the evils that will come upon a King and his Kingdome for it preaches to him to restraine Idolatrie though he doe not particularly in expresse words call upon him not to suffer any man to practice Idolatrie and therefore Christ speaking to the Scribes and Pharisees the Rulers and Elders that knew the Laws of God how Magistrates in Israel were to punish false Teachers in speaking so against false Prophets Hereticks and Sectaries as Sadduces c that was a charging them such a thing being spoken to such men to doe their duties against them which by the Law was more then if private persons and being spoken to qua such as Scribes c was a commanding them according to their places to proceed against them For t is a rule among Divines that in many things recorded in Scriptures which are delivered only in common and in general they are to be taken by every one according to their relations and places by the Magistrates according to their relation the Ministers according to theirs and the People according to their Sphere of which many instances may be given in the new Testament 4. Supposing it could be proved Christ never reproved the Jewish Church and State for suffering the Sadduces c yet it followes not Magistrates therefore should tolerate Hereticks and Sectaries and that both because Gods declaration of his mind in other parts of Scripture though not in the Gospel is a sufficient as also because there might be some particular reasons proper to the Iewish State as that Christ saw the Iewish State and Magistracie it selfe that then was to be leavened and corrupted with those errors and opinions to be either Sadduces Pharisees Scribes Herodians and such like so that to have spoken against Toleration and for punishing Sadduces c had been to have spoken to the State not to have suffered it selfe as if one should preach to the Parliament now not to tolerate but to punish themselves So was it for Christ to have urged those commands in Deut. 13. c and those examples of Iosiah Nehemiah c upon the Iewish State then 2. That in the times of Christs preaching the Civil Power of the Common-Wealth of the Jewes was much weakned if not wholly taken away from them by the Romans of which I have spoken something before page 30. and doe now adde that the Iewes had no power at all of capitall punishments then and therefore to what end should Christ charge them with those Lawes of putting false Prophets c to death for full prooâ—e of which I refer the Reader to Master Gillespies Aarons rod blossoming Book 1. chapt 3. page 29. 30 31 32 33 34 35. who learnedly proves that point both from Scripture and the Testimonies of many learned writers who have written of the Iewish Antiquities and Customes and Answers the contrary objections 3. Christ knew that Church and Common-wealth were to be certainly shortly dissolved the Christian Church to be set up and though he warned the People of those errors and wayes and denounced the judgements of God against them yet because he knew the purpose of God was to destroy the Iewish Common-wealth he might not speake for that and the other Reasons forenamed to the Magistrates as otherwise he would of which the Reader may read more in pag. 30. of this present Book And now for putting a Period to this 17. Thesis and to all the Answers given by me to those evasions brought against â—hose old Testament Lawes of Deut. 13. Deut. 17. and the rest I shall briefly adde 3 things First To cleare a little further some passages of Deut. 13. Secondly show the slightnesse and weaknesse of Hagiomast exceptions against those old Testament Laws Thirdly Show the excessive pride and folly of the man in boasting and glorying in such poor weak things as he brings against the Vindicator of the Ordinance for preventing the groth and spreading of Heresies in Sect. 34. 35 36 37 38 39 40 41. First As I shall adde two places more out of Moses Law before omitted in the beginning of the 17. Thesis to prove the Magistrates power of punishing in matters of the first Table viz Deut. 19. 16 17 18 19. and Numb 15. 30 31. the former in case of Apostaâ—ie the latter in case of blaspheming God so to all I have said of Deut. 13. I desire the Reader to observe that God having in the former chapter commanded the worshipping of the ture God and forbidden that of Idols which unquestionably is morall this 13. chap. is fitly added to it as an appendix in which God gives direction for removing the impediments opposite to his worship commanded particularly he commands the Authors of Apostasie not to be hearkned unto nor tolerated but to be punished with death and for that end that such who are obstinaâ—e and will not be amended nor regard their own salvation may be hindred at least from being an impediment to the salvation of