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

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obedience Secondly Seeing that of late years there have been several plots and designs against her Majesties Person and Realm and several hostile attempts have been made upon new pretenses and purposes for the restoring again of the Catholick Religion by force of Arms a thing promoted in other parts of the World but more particularly against the Queens Majestie and her dominions then any other Protestant Prince with which violent undertakings and practises her Majestie being otherwise gracious and milde in her behaviour towards her Subjects being grievously provoked against the Catholicks who owning and obeying the Apostolique Sea in the guidance of their Faith and Religion were easily suspected to favour such contrivances and invasions hath made more severe Lawes and executed them more rigorously then She would otherwise in case such hostile attempts and warrs had not intervened We that we may approve unto her Majesty our fidelity in this particular case do sincerely professe and by this our publique deed do notifie unto the whole Christian World that in case of Conspiracies and Plots against the life of Her Majesty of invasions and hostile attempts made by any Forreign Prelate Prince or Potentate either joyntly or singly for the disturbance or destruction of her Majesties person or dominions upon design or under pretence of restoring the Roman-Catholique Religion in England or Ireland that we will defend her Majesties Person Realmes and Dominions from all such hostile attempts and injuries And we do further profess that we will discover and reveal as well as oppose and resist to our utmost endeavour all Conspiracies and Designs of any Prelate Prince or Potentate whatsoever which shall tend any way to the destruction of her Majesties person and subversion of her Dominions and we will endeavour as farr as we shall be any way able to perswade all Catholiques into the like sentiments Thirdly if after any sentence of excommunication pronounced or to be pronounced against her Majesty or precedaneously to any conspiracy invasion or hostile attempt to be made the Pope should declare her Majesties native subjects to be excommunicated unlesse they relinquish their allegiance and the defence of her We in these and all such like cases professe that neither we our selves nor any Lay-Catholiques borne within her Majesties dominions should be obliged in Conscience by any such censure so as to obey it But notwithstanding any Authority or sentence of excommunication pronounced or to be pronounced as aforesaid we will adhere unto and defend our Queen and Native Country as we are bound in duty and performe all due obedience unto her Majesty in Temporalls Fourthly because it is certain that whilest we by a Christian and sincere profession manifest to her Majesty our good affection and fidelity towards her others will not be wanting to condemn such our deed and misinterpret and create odium unto us in al places but especially with his holinesse to the great prejudice of our good names and persons unlesse we timely prevent such their misreports We humbly desire that her Majesty would be pleased that as in this our recognition we render to her Grace what is due to Caesar so for the stopping the mouthes of all calumniators we may have liberty in the like publique manner to declare that whilest we professe due allegiance to her Majesty we do not intend to recede from that duty which we owe our Supream Spirituall Pastor Wherefore we acknowledge and confesse that the Bishop of Rome is the Successour of S. Peter in that Sea and that he hath not lesse nor yet more Authority and jurisdiction over us and all other Christians then the said Apostle had enstated on him by command and concession of Christ our Saviour and that we will obey his holinesse as farr as we are bounden by the Law of God which we doubt not but it may consist very well with such our obedience a we have above professed towards our Temporall Prince For as we are ready to adventure our lives for the defence of her Majesty and our N●ive Country so we are resolved to become a sacrifice rather then violate or diminish the lawfull Authority of the Catholique Church of Christ William Bishop John Colleton John Mush Robert Charnocke John Bossevile Antony Hebborne Roger Cadwallador Robert Drury Antony Champney John sackson Francis Barneby Oswald Needham Richard Button I thought fit to publish this their declaration that so all of that religion because of some Italianated or Hispaniolized Authors may not suffer This hath been the generall doctrine in France and England heretofore nor do I doubt but our State might obtain the like declaration in these dayes from multitudes of the Romish Church who thereupon might enjoy a Toleration moderated according to the conveniency of the Republique But as for the Jesuits and such as shall not assent unto some such full ample and satisfactory declaration I think all means are not onely necessary but requisite against them that may secure us from the abettours of a forreign power unto which they would subject us let them rejoyce in a foolish Canonization at Rome whilest they are executed at Tiburne for Traytors I have been told that the great sufferance of Papists under the late Arch-bishop of Canterbury did extend no further then those I plead for if so I must do him the right to lament the condition of great and invidious favorites whose best actions are lyable to misconstructions nor have they any defence against popular prejudices It hath been declared by the Episcoparians that they did not suffer for their Religion Oh! let not us be inferiour to them in goodly professions Let not us give the one or other cause of being in a fort Martyrs whilest we become persecutors James 3.17 18. The wisdom that is from above is first pure then peaceable gentle and easy to be intreated full of mercy and good fruites without partiality and without hypocrisy And the Fruit of righteousnesse is sown in peace of them that make peace FINIS
other right tha● Ahabs posterity might have pretended for Naboths Vineyard their Ancestours got i● unjustly and they had possession thereof Where a Total Conquest is made by a general subduing of the land to the will of the Victor the claim arising thence is no better than that of an High-way man to the purse of him whom he hath robbed and whatever subjection is paid upon that account if it be due out of a Religious and not Civil conscience on the part of the vanquished yet it cannot be received by the Vsurper if a Christian he being rather to make a manifold compensation for injuries offer'd than to continue them If the Conquest be but partial and an entrance only made by the sword But the people either because of the Right claimed by the Invader or their unwillingness to suffer the miseries of War or their apparent inability to stand out in a way of Besitance or some other consideration submit to a composition and contract of subjection to the Invader in this latter it is evident the Magistrates power is from the peoples consent and the Government is such as the contract and fundamental agreement makes it to be if it be the first Agreement and the Pretender hath no former Title which remains in force for then this latter is invalid if it include not and amount to a relinquishing and disanulling of the old Being vindicated to our Natural Liberty and acquitted from all Moral subjection that might be due upon such contracts as the violation whereof on the other side had nullified on ours It is the acknowledgment which one of the greatest Patrons of Monarchy doth make that he who takes an oath unto another as our Kings did unto the people is thereby confessed to be the inferiour Jusiurandum ceriè reverent●am cul●um bonorem prae se sert ejus cui praestatur Quo fit ut non Clienti Dominus sed Domino Cliens quanquam inter uirumque officiorum mutua quaedam obligatio est sac amenti religi●ne fid●m obsequ●um a ●stringat Quod si rex populo jurat in leges majorum instituta populum cer●e s●periorem i●o dominnm agnoscit cui non sacienda fugien aeque praes●●bat sed a quo sure legem accipiat Jusiurandum enim auetoramentum est obsequii quod ab homine tenuioris fortunae superiori de●etur Blackvod●us Apolog. pro reg C. 25. it being already shewed that power all just power is derived from the assent of the people that their safety is the end aimed at in the institution of Magistracy and that the Magistrate hath no other nor farther power than the people do conferre upon him I shall as briefly as I can discuss that Question Whether any Magistrate erected and constituted by such as have asserted themselves into freedom or such as may be constituted by them can now or hereafter be supposed to have power in spiritual Affairs and Concerns For the decision hereof it is necessary you remember that the case is not now concerning an outside Religion as the form of Gods Worship nor concerning such a Religion as the speculative part whereof extends no farther than the acknowledgement of an Eternal power and God-head the latter of which was clearly manifested unto all so that they are without excuse Rom. 1. v. 20. And the former being not to be deduced from common Principles nor having been declared by express Revelation might vary according to the different reasons or fancies of sundry Nations and there being no infallible rule for to determine of the right no worship could be censured as wrong That which we are to seek after is a Religion consisting in a multitude of Propositions especially as it is now managed by some that make the greatest noise in our age not to be proved by natural reason and common principles but pure Revelation which is delivered in the Scripture in Tongues disused and a phrase peculiar thereunto and for the explanation whereof Tradition is no way conducible but only the Spirit guiding those that are not reprobate unto all knowledge And as to the manner of the worship which we are to use towards God the regulation thereof only depends upon universal rules such as are Neither in this mount nor in Jerusalem but in Spirit and in Truth Let all things be done with order and decency to the glory of God to edification c. That our Magistrate should entermeddle authoritatively in such spiritual affairs by vertue of any power derived from his creators the People is to me morally impossible as well as unlawful Consider the quality of persons interested in the New Government they are not all under one dispensation nor do they walk all in one light But with variety of gifts sundry divisions of the Spirit and several Talent-distributions Christ in the Gospel-Parable Matth. 25. v. 14 saith The kingdom of heaven is as a man travailing into a far countrey who called his own servants and delivered them his goods and unto one he gave five talents to another two and to several ability and straightway took his journey Then he that had received five talents went and traded with them and made them other five talents and likewise he that had received two he also gained other two But he that received one went and digged in the earth and hid his Lords money This Parable is not to be understood of the Spiritual Kingdom of Heaven in which though there be diversity of gifts yet is there none idle none that bury their talent in the earth for ever until the coming of their Lord and Master But it is understood of that Oeconomy whereby God rules the World in general and it is that Method of Government by which the pillars of the earth are upheld So that however a Parable may be but an evil ground for a rational discourse in it self yet since the experience of all ages under the Gospel doth attest thereunto I shall take it for an unquestionable Truth That there is not onely a great variety amongst the sons of men as to naturall abilities but also spirituall endowments and that in such discr pancy as is the proportion betwixt one two and five talents That according to these Talents gifts and endowments men do act that is Men deport themselves according to the understanding upon which necssarily doth depend the will which they have and not according to what they have not That it is not possible for them of lower gifts and abilities to attain unto the measure of those perfections which are resplendant in men of greater gifts It is with those soul-embellishments as with the eye in seeing the short-sighted cannot discerne those things which are conspicuous enough to quicker eyes The naturall or animall man receiveth not the things of the Spirit of God for they are foolishness unto him neither CAN he know them because they are SPIRITV ALLY discerned But he that is spirituall judgeth all things 1. Cor.
reckoned C. Th. leg XIX So his father Stilico after whose death the Gentiles rose and murdered sundry Bishops Stilico made Saul a Jew barb●rus paganus saith Orosius l. 7.38 General of the Christian Army which is acknowledged by Baronius as also did the Donatists is by some reputed an Heathen Orosius saith that he à privato pueroque intended a persecution against the Christians but since Baronius and Cleverius will allow neither the one nor the other to have been a Pagau I shall so far assent unto the latter as to think the insertion of Eucherius's name into the Law aforesaid to be an additional gloss●ma foysted in by men of more zeal then honesty or knowledg the Emperour Honorius abrogated a law which had been made prohibiting any Gentile to bear arms or enjoy any preferment or command 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and made Generidus an Heathen General of all his forces granting to all retaining their own opinions liberty to command and serve in the wars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So Zosimus lib. 5. Baronius remarks upon this passage that Honorius did it out of necessity but the Author saith he did not more our of necessity then respect to Generidus who was so brave a captain and had underwent great dangers for the publike being ashamed that by such a Law Generidus should not wear a sword Let it pass for clear which Dr. Rives avowes in his book against Alemannus Dixi enim saepius fortasse dicet●● quo tempore ad im peri●habenas tractandas accissit Justinianus illud ge●us polytheorum praecipuam quamque ●eipub curationem dignitatem occupasse That when Justinian came to ruler the chiefest digniti●● and employments were in the possession of the Heathen Under the Emperour Justinian I have in the beginning of this discourse told you what Religions were then in the Empire The Samaritans who besides other Tenents denyed all the Scripture except the five Books of Moses had their Synagogues and were capable of civil Employments to what end else was that constitution of Justinians against the Samaritans Novel 129. That there should be no more Synagogues of the Samaritans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Citante ●lemanno in Procop p. 57. and that they should be incapable of publike office So in another place the said Justinian being consulted by Iohn Praefectus Praetoriorum concerning some Samaritanes Iews and Montanists or such like whether they were to enjoy the dignity of Senatours replyes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That they shall not receive any benefit by such their places but if there be any burthen or trouble therein that they should be lyable to Novel 25. As for the Iewes they had their Synagogues and Governours whether termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as appears from that Novel of Iustinian concerning such Iewes as should use the Greek Bible in their Synagogues We enact by our sacred will that those Jews be without let or molestation who will in their Synagogues read the Bible in the Greek tongue Novel 146. The Arians and other Hereticks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had their Churches 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Procopius in his Secret History tells us p. 51. The Heathens or Gentiles had all the great preferments In●●nt ad P●ocop p. 59. and places of trust or dignity in their possession and so continued them long as Dr. Ryves confesses whose words I have repeated and Alemannus informs us how when he persecuted the Gentiles the chiefest persons of his Court were found criminal in which number as Hesychius Procopius Theophanes and Suidas relate was Tribonianus Quaestor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suidas Thomas Magister officiorum Johannes Praefectus Praetorio to whom he wrote concerning the Jews Samaritans and Montanists as aforesaid and Phocas Patricius magister militum all which were principal men in making of the Code Theophanes doth adde to this number Asclepiodotus Praefectus Praetorio Macedonius Referendarius as doth Io. Mallela too and Pegasius Heliopolitanus Patricius Yea Procopius himself was an Heathen yet was he made by Iustinian one of the Illustres a Senator Assessor to the great Christian Captain Belizarius and after all Praefect of the Citie then which charge that Empire scarce had a greater Thus stood the Toleration in the time of Iustinian until he by little and little overthrew it not out of any Religious pretense but meer covetousness and to prey upon their Riches as Procopius who lived in those times leaves us to conjecture He commanded they should within three moneths time relinquish their opinions and become orthodox or forfeit their goods and be banished So Mallela so Theophanes yet did not his zeal extend to the principal of the Arians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theophanes citante Alemanno p. 26. called Hexacionitae those he let alone As for the Samaritans whether his Law occasioned their revolt or whether that revolt his Law I know not Procopius makes the Law to precede that Tumult but Mallela speaks not of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 277. This was in the 29 year of Iustinian and so after the Law as Cyrillus Scythopolitanus saith in Alema●nus only how the Samaritans Jews and Christians fell out and destroyed one anothers Temples and Churches and that the Emperour was angry with the Governour thereupon and beheaded him A●emannus makes out of Theophanes and the Alexandrian Chronicle two Seditions the one possibly when the Law was first made and thereupon remissely executed the other when they began to reinforce it But what effect had his persecution Men did not relinquish their Religion but the Profession thereof yea saith the Alexandrian Annals some having been Baptized to this day dissemble 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●●ante Ale man●o p 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Procop. Hist. Arc. p 5. V●d Procop Hist. Arc. p. 53. Iusti●●an made a law that no Pagan should b● capable of publike trusts 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mall●la fol. ● 9 but this was enacted after the suppression of the Samaritans 20000 of whom were stain and as many children and maids sold by a Saracen commander in the Roman army to the Persians id fol. 288. So Procopius relateth it how some seeing death and banishment before their eyes counterfeited Christianity whilst others offended at such a kinde of conversion turned Manichees and Polytheists The like he saith of the Heathens when Justinian be●an to persecute them with Confiscations and corporal punishments yea death saith Jo. Mallela for Asclepiodotus Macedonius c. were slain they renounced Heathenism to avoid the present danger but not long after relapsed to their former sacrifices and Paganism But if Covetousnesse or Reason of State the Arians in the Empire corresponding with the enemies thereof the Gothes be grounds for extirpating different Religions Justinian may be acquitted having first given an account why he lodged in his bosom an Eutychian for his Wife who headed that party whilest he countenanced the Orthodox