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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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quàm pleno subsellia nostra Senatu Decernant infame Jovis pulvinar L. 1. Coner Symmach omne Idolium longè purgatâ ex urbe fugandum Quà voc at egregii sententia principis illùe Libera cùm pedibus tum corde frequentia transit NEC LOCVS invidiae est NVLLVM vis aspera terret Aute oculos sic velle patet cunctique probatum NON JVSSVM solâ capti ratione sequuntur Denique pro meritis terrestribus aequa rependens Munera SACRICOLIS SVMMOS impertit HONORES Dux bonus CERTARE sinit cum laude suorum Nec PAGO implicitos per debita culmina mundi Ire viros prohibet quoniam coelestia nunquam Terrenis solitum per iter gradientibus obstant Ipse Magistratum tibi Consulis About the same time I finde one Iustus of Rome made Governour for Asia a Zelot for Paganism sent from Constantinople thither where he found another ruler in Sardes called Hilarius who did sacrifice together and erected as it were an Academy of Heathens which they sent for from all parts and Eunapius was there with them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Crysanthius and Hellespontius Philosophers Eunap in vita Chrysanthii p. 188 c. ipse Tribunal Contulit auratumque togae donavit amictum Cujus Relligio tibi displicet ô pereuntûm Assertor Divûm Nor is this true only of the Heathen that he tolerated them the Sectarians found the same favour viz. Arians Novatians Macedonians and Eunomians none of which Theodosius molested Eunomius only excepted whom the Emperour exiled not his followers and that upon a breach of Civil obedience 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. because he raised Conventicles at his private house WITHIN Constantinople recited such speeches as he had written with a Rhetorical ostentation and infected many with his Doctrines He disquieted not the rest neither constrained them to his communion but licensed every one of them to frequent several conventicles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to embrace what opinion liked them best in Christian Religion And as he gave leave to all other Sects to erect them Churches WITHOUT the walls in the Suburbs so commanded that the Novatians maintaining together with him the faith of one substance should freely without disturbance and molestation enjoy and recover their former Churches within the Cities Socrat. Scholastic Hist Eccles lib. 5. cap. 20. And if he made any Laws against them you may learn out of Sozomen how to understand them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hist Eccles lib. 7. cap. 12. This Emperor made a law So Constantine the great made laws against Hereticks rather for shew and terrour then that he ever executed them So Sozomen tells us how the Novatians suffered little prejudice by any lawes of his for saith he I think the Emperour willingly did laxe those decrees as purposing rather to terrify then damnify his subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sozomen l. 2. c. 30. And who were those of his subjects whom he was so tender of The Novatians Cataphryges Valentians Marcionists Paucli●ns and all other Heretiques 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id ibid. that the Sectarians should have no Assemblies nor make any profession of their faith nor ordain Bishops and Pastours and that some of them should be banished citie and countrey others should be rendred infamous and not any way be publikely preferred as others were and this he enacted with severe penalties which nevertheless he did never inflict For he did not ordain these things with an intention to punish but to terrifie his Subjects that they might better agree in Religion and he used to commend those who were voluntarily converted The learned Bodin in his book de Repub. lib. 4. giveth the like account of Theodosius how at the beginning of his reign he found all the Empire full of Arians who were grown to that heighth and power under the Arian Emperours that they had strengthened their Doctrines by eight several Councils assembled at sundry times at Tyrus Sardis Sirmium Millain Seleucia Nice Tarsus and Arminium in the last whereof there were assembled 600 Bishops almost double the number of the first Council at Nice in which the Arians were condemned and the Nicene Creed made and might as well be called in the Language of those times if not better Oecumenicall who all unanimously avowed the doctrine of the Arians yea prosecuted the dissenters wich punishments and proscriptions yet did not Theodosius suppresse the Arians by punishments though he did hate them deadlily he granted to both parties Arians and Catholiques their severall Churches and in the Cityes each of them had their Bishops and though at the earnest solicitation of the Catholiques he did publish sundry edicts against them yet did he not put them in execution as his letters to Ambrose demonstrate in those words resigne unto the Arians the Church for all is in my power As for the Jewes to give an account of them once for all I finde them to have been persecuted under the heathen Emperours of Rome at the same time with the Cristians who were by the Heathen too called Judaei and it hath been a conjecture of mine that their sufferings had not a greater affinity then possibly the causes inducing the Heathen to such rigour were resembling I allready told you how the Christians did believe the personall reign of Christ their Messiah The Jewes after the destruction of Jerusalem did expect the coming of their Messiah and that he should rule the World Least any danger to the Empire might arise from these opinions which were divulged up and down by both parties the Romans I imagine may ading other motives and fictions against them have persecuted them especially having fresh in their memories how amongst other encouragements that Vespasian had to assume the Empire it was none of the meanest that Josephus the Historian accomodated to him the Prophecy of the Messiah telling him Thou shalt be both Caesar and Emperour as also thy Son thou art not only my Lord but Lord of the Sea and Land and of all Mankind As he himself relates it and Suetonius in the life of Vespasian and Orosius who further thus wordes the Oracle given to Vespasian at mount Carmel Sortes Carmel portendisse exortos a Judaeâ rerum potituros In which fullfilling of the prophesy since the Jewes did not acquiesce it was a remaining pretense for others to make use of either out of flattery to strangers again or out of interest for themselves as they did under Barcochebas in the t●me of the Emperour Adrian Under the Christian Emperours from the times of Honorius Arcadius Theodosius Primus and so upwards Selden de jure naturali gentium l. 2. c. 9. p. 243 c. though they had lost their City and Temple yet were they in a very flourishing condition They had severall famous Academyes or rather Commonweals such as the Soriana Pombodithana Nehardacensis besides their multitude of Synagogues and great immunityes
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
determine of it's choice This is an attempt no lesse impossible in it self then displeasing to Christ For he desires that the people should be willing in the day of his power their hearts must be made a voluntary and not enforced oblation nor doth he command that the mindes of men should be compelled but that they should be invited perswaded and convicted of the truth Besides what flesh and bloud dare be so presumptuous as to attempt that which onely the Spirit of God effects in those who dye not in finall impenitency He alone it is who enlightens perswades drawes yet saith he the Kings intentions were good and severall men both religious and learned possessed him with the lawfullnesse of the Act representing and recommending unto him the examples of other Christian Princes Thus there never have been nor will be wanting such men as well suite their discourses to the inclinations of their Kings Osor de reb Eman lib. 1. It were therefore to be desired from our hasty Zelots that when they vest any Magistrate with such a power they would farther qualifie him so as that as many as he layeth violent hands on may receive the holy Spirit and that they would instruct them with the time when the Holy Ghost bloweth and the place where for otherwise their force will be successe-lesse they may knock and yet not their hearts or ears open yea they may lay a stumbling block in his way and destroy him as much as in them lyeth for whom Christ died and whom he will bring in in his good time Is it not lawfull to destroy him by meat for whom Christ dyed Rom. 14. v. 15. which is a sca●●● taken not given and may we destroy him by violence and forcible meanes giving him occasion to speak evill of the good ways of God into which he shall at last be brought when it shall please him who goeth out at severall hours of the day to call in the labourers to his vineyard and who converts some at one age and some at another and sanctifies those meanes unto Paul at Damascus which had been uneffectuall unto him at Jerusalem when Stephen was stoned At the first Sermon of Peter Act. 2. v. 41. about three thousand souls were converted after that two thousand more were added Act. 4.4 to which it is probable the former teachings of the Apostles had been uneffectuall upon these considerations me thinks the decree of Justinian that all should embrace the Orthodox religion or go into banishment was as ridiculous as if he had decreed such or such windes determinately should blow at an appointed time God at the first creation said Let there be light and there was light So in the new creature he but speaks by his Apostle and as many believe as are ordained unto everlasting life God then and Christ when he bade the lame take up his bed and walke had been ridiculous unless his word had been powerfull to effect as well as signifie his will I would fain see an Act of Parliament that the blinde should receive sight that the lame should walke that the Sun should arise at midnight or that darkness should no more overspread the face of the Earth such commands would be as effectuall as others more spirituall since faith is the gift of God and no man comes unto the son but whom the Father drawes If any demoniack or possessed by an unclean spirit should be served by such an Arrest think you the messenger would be better treated then the sons of Scevas Act. 19.14 And will you think he will be outed from his spirituall breast-workes and strong-holds by some such like Ordinance you may as well imagine with King Henry the Eighth's target to quench the fiery darts of Satan as by his sword to plant true religion As for Gospel-precepts what can be more remote or inconsistent with them than that any Mortal should presume to have dominion over our faith whereas the Apostles could only be helpers of our joy 2 Cor. 2.24 Did Christ give his Disciples a command Go and teach not compel and if any one receive you not shake off the dust of your feet Matth 10.14 Did Paul and Barnabas shake off the dust of their feet at Antioch against the unbelieving Jews Acts 13. v. 51. That those who are neither Paul nor Barnabas should now trample upon men as dust under their feet It is said The servant of the Lord must not strive but be gentle unto all men apt to teach forbearing in meekness instructing those that are minded if God peradventure will give them repentance to the acknowledging of the truth that they may recover themselves out of the snare of the devil who are taken captive by him at his will 2 Tim. 2. v. 24. Are these instructions personal or do they not oblige the Ministry if bottomed upon their own pretences not to deliver men over to the secular Magistrate to be punish'd since thereby they are Authors of all his actions according to that old rule What a man does by another he does by himself So 1 Cor. 7.12 If any brother hath a wife that believeth not and she be pleased to dwell with him let him not put her away and the woman that hath an husband that believeth not and he be pleased to dwell with her let her not leave him but if the unbelieving depart let him depart a brother or a sister is not in bondage in such cases but God hath called us to peace for what knowest thou O wife whither thou shalt save thy husband and what knowest thou O man whether thou shalt save thy wife As GOD HATH DISTRIBVTED to every man as the Lord hath called every one so let him walk and so ordain I in all Churches Shall Justinian be impowered to banish all Infidels and yet hereby be obliged to retain an Heretical Eutychion for his wife To send them into exile and yet caresse her in his bosome may one without danger and sin which are the motives for suppressing discrepant Religions hugge and embrace a wife of different principles and perswasion and yet not allow a neighbour common civility without hazard may we not argue What knowest thou O man whether thou shalt save thy Neighbour having the experience of all ages that the Gospel hath been so propagated And in fine is it not usual in Scripture from particular cases to make diffuse and general conclusions AS GOD HATH DISTRIBUTED TO EVERY MAN AS THE LORD HATH CALLED EVERY ONE SO LET HIM WALK AND SO ORDAIN I IN ALL CHURCHES But besides the obligations to Meeknesse to Charity to become all things to all that we may gain some to Christ Ties from which no Magistrate can be exempted what will become of those other precepts To try the Spirits 1 John 4. v. 1. To prove all things 1 Thess 5. v. 21. Take heed that none deceive you Matth. 24. v. 4. What needs all this trouble and curiosity if we may not hold fast
that which we finde to be best if after our most serious and deliberate Election we shall be affrightned out of our consciences by penalties Ad vana inutilia nec lex dei nec hominis prudentis cogit To what purpose is there so much liberty permitted as may beget our torture and not permit us to rest where we finde satisfaction Either prohibit to search at all or let us be sensible of some benefit by searching To believe what appears untrue seems to me impossible To professe what we believe untrue I am sure is damnable Are there not now as many occasions for us to try the Spirits as formerly Are there not now as many errors broached as then And is the true Doctrine delivered infallibly by the Apostles and attested unto by miracles and wonders as of old Nay is it not foretold that the last times shall be more perillous for seduction and that the faith of the very elect if possible should be indangered That many false Christs should come and though any the Magistrate not excepted should say lo here or lo there is Christ are we not forbid to believe them was that a temporal injunction That every man should be perswaded in his own minde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 14.5 Must we under the Reformation only vary the Object of our implicit Faith not renounce the thing it self Surely Moses who left an High Priest with Vrim and Thummim light and perfection to resolve doubts and to preserve knowledge together with perspicuous Laws for Government Spiritual Surely I say he was more faithful than Christ and his Apostles since they left the world no infallible Judge to expound Scripture so as men might adhere unto their decisions because they were theirs The Spirit of God in each Saint is the sole Authentique Expositor of Scripture unto him that hath it the publike Spirit of the Church imaginary or Catholique hath been sufficiently exploded nor do I doubt but a Believer may safely acquiesce in his Explications upon whose Authority alone he receives the Text and in whom we all place the sure hopes of our Eternal welfare The Spirit bearing witnesse with our spirits that we are the sons of God Rom. 8.16 Yet this testimony of the private Spirit in the breast of a Saint however it be so clear and convincing that his Faith becomes the very substance of things hoped for and the evidence of things not seen Heb. 11. v. 1. yet is it like unto the white stone and the new name which no man knows but he that hath it Revel 2.17 it obligeth not others purely to a belief who have not received the like satisfaction What is Revelation to one is but Tradition to another and he who will believe every man that saith he is sent of Heaven may himself unless chance be as prevalent as choice in soul concerns go himself to Hell Thus Pilates wife was obliged to believe God speaking to her He was not bound to believe a woman speaking to him Have thou nothing to do with that just man for I have suffered many things this day in a dream because of him He might think she might be willing to deceive out of a natural compassion strong in that Sex or might be deceived her self calling that inspiration which was fancie This unsupplyable defect of common evidence in the delivery of Spirituall matters is of that nature as it alone would suffice to the enforceing a Toleration For though it be a confessed principle that whatsoever the prime verity doth say is an uncontroulable truth yet the course whereby he discovers himself in divers wayes and after divers manners unto the sons of men is followed with so much ambiguity waving that Soul-satisfying testimony of the Spirit as inquisitive men and sober if destitute of the highest gifts may upon a rationall ground if that way of arguing unto which we are bred up be true and sound suspect the sincerity the Revelation in the word and if he assent thereunto strongly and firmely he is rather to be accounted resolved then certaine And it is judiciously said All voluntary opinion that is grounded not in the understanding but will onely is vitious A sentence famous amongst the old phylosophers and confirmed by Austin that to give a direct assent to what you know to be uneertain is Turpe that is in our ordinary locution Sin in all propositions where we see no more then probability it is our part to withhold our assent till evidence or certainty deserve it The reason is cleare for if a man do strain his stomack with meat or drink his armes with pulling or walks himself off on his feet we blame him because he uses his body otherwise then is fitting or out of proportion to his dispositions and therefore wrongs it disappointing the end and use to which nature designed it Since then our understanding is our principall and most noble part farre lesse ought it to be strained against it's nature and which encreases the unworthiness of the Act this cannot be done to the understanding but by an inferiour whose end is good not truth and so no fit motive for faith and to obey or be ruled by its dictates Nor is this any derogation to God's word but a charge upon the weakness of man not being able to comprehend things certain in themselves and evident to some upon other accompts I shall not debate this matter any further it having been learnedly and unanswerably handled by Dr. Taylor in his Liberty of Prophesying I now come to shew that where there is wanting an infallible Expositor of the minde of God which being to be accepted upon Revelation is not to be discussed by Reason there is not onely cause for a Toleration for why should any be forced from what he holds to be true It is not ma●criall but formal certainty that obliges to belief unto that which another can not evidence but it may be false but sufficient ground from former practices and usages to reestablish the like forbearance Under the Jewish Kings before the captivity though they had an infallible direction by Vrim and Thummim for cases emergent and positive orders to recurre unto the High-Priest for resolution yet such was the power given or arrogated by their Kings these so intermedled with religion which then mostly consisted in outward ceremonies and types with a very slender explicite faith that all the forementioned circumstances were not a sufficient barre to keepe the people from idolatry who seemed so complyant as if they were absolute vassalls to their Soveraignes and onely rebellious towards God so dismall is that power when entrusted with the Magistrate and can we think a select Clergy founded upon Tithes that have no other right then what the Hands may take away which gave them not endowed with any substitute for the Vrim and Thummim but dictionary-learned Pasorians not assisted with extraordinary prophets as of old should bear up against a corrupt
thorough the particular indulgence of Princes Theodosius Arcadius and Honorius A A A. made the following Bescript unto Addaeus Comes Magister utriusque militiae It is evident enough that the Sect of the Jewes is not prohibited by any Law C. Theod. sib 16. tit 8. l 9 vide l. 12.25 Wherefore we are very angry that their Assemblies should be interdicted any where Your Excellency therefore having received these our commands will represse with due severity the too great number of those who under pretense of Christian religion commit all manner of licentiousness destroying and robbing their Synagogues Given at Constantiple 3º Kal. Octob. Theod. A. III. Abundantio Cons that is in the Year of our Lord 395. Three years after the former Rescript Arcadius and Honorius A. A. decreed unto the Jews ibid. l. 10. that the Governours of Provinces should not impose upon them any Moderator or Prefident and if any should assume or exercise any such power or charge over them besides themselves and their Noblesse then should the Governours of the Provinces punish him as an usurper and one who retrenched upon the Rights of others Yea the same Emperours in the same years appointed Claudianus Comes Orientis ibid. l. 11. If any should dare to make contumelious or dishonourable mention openly of the ILLVSTRIOVS the Patriarchs o the Jews he should be punished The year ensuing the said Emperours declare unto Caesarius Praefectus Praetorio C. Theod. lib. 16. tit 8. l. 13. Let us imitate our predecessours in upholding the priviledges of the Jews by whose decrees it is enacted that the priviledges of such as are under the illustrious the Patriarchs of the Jews the Rulers of their Synagogues Patriarchs Presbyters and others which are of that Religion by the consent of our Royal selves continue the same which with Reverence and sanctimony are payed to the principal of the Christian Clergie For thus the holy Emperours Constantinus Constantius Valentinianus and Valens by their Heavenly will and pleasure have ordained it ibid. l. 20. There are many more Edicts in favour of them That their Synagogues shall not be destroyed or seized upon and That they be not obliged to any performances inconsistent with the observation of their Sabbath ibid. l. 21. That none should be any way wronged or oppressed for being a Jew and since many to avoid several accusations curry favour or supply their wants did of Jews become Christians in pretense and not effectually it was ordered by the same Emperours Honorius and Theodosius ibid. l. 23. That if such were not real Converts they might without fear of punishment return again to their former worship and religion and this Reason is given which shewes how different their judgment was from that of men in our dayes who acknowledging that Faith cannot be enforced yet think an outside uniformity to be desirable and pious and the contrary scandalous and offensive viz. Quia magis Christianitati consulitur BECAUSE IT IS FOR THE ADVANTAGE OF CHRISTIANITY sc that they be open Jews than secretly such and only Christians by Profession Thus by the great favour of the Emperours did they enjoy their liberty and freedom which they were not to make use of to the injury of the Christians ibid. l. 15. Their Patriarchs being called by the titles of Illustres and Spectabiles Of all this that hath been said there are pretty probable grounds to be fetched out of Chrysostoms Homilies against the Jews wherein he doth inveigh against that familiarity which was between the Jews and Christians In a little time after the Jews growing proud and insolent by reason of their great priviledges and immunities became burthensome to the Christians and declined in the favour of the Emperours First therefore Honorius and Theodosius II. being Emperours they were excluded from Military employments whereof they were formerly capable and such as enjoyed any were deprived thereof This hapned 20 years after the Rescript unto Cesarius mentioned before ibid. l. 24. Honorius being the twelfth time and Theodosius the eighth time Consul Yet even in that decree which deprives them of warlike charges the Emperours seem tender of that Nation and by a faire alleviation and temperament to secure their reputation and other dignities The words are these Let none that adhere unto the Jewish worship and superstition have henceforward any oportunity of being a Souldier inter Palatinos inter agentes in rebus Whosoever of them are employed in a military way either in the Palace or elsewhere abroad we will permit them to finish the time they are to continue those their charges rather pardoning their acting then indulging it But hereafter let not that be done which for the present is an act of our grace As for those who following the Jewes in their pravity are convict to have ambition'd the bearing of armes let them without any doubt or demurr loose their cingulum or badge of the Soldatesque no regard being had to their former demerits We do not intend by this our mandate to exclude such Jewes as being instructed in the liberall arts and Sciences from being advocates or getting other Court-offices which is a liberty they may challenge by the prerogative of their birth and splendour of their familyes L. 17. C. Justinian de Judaeis C. Th. l. 16. tit 8. l. 29. wherewith since they ought to be satisfyed they must not think it a disgrace that they are interdicted military Truste We are sure they had their Sanhedrims in Palestine at that time nor did they absolutely lose their splendour dignity and priviledges till about fourty years after the Consulship of Eutropius against whom Claudian wrote so bitterly Then Theodos II. C. Justin tit de Iudaeis l. 19. being Consul with Festus the 17th time Val ntinian III. and the said Theodosius did wonderfully abate their priviledges and straighten their condition And now I think In the time of Hon●rius lived the Ph●losopher Le●nt●●● ●t Athens he was an Heathen yet made a legacy to his Sons leaving very little to his fair daughter Athenais which thereupon was forced to go and live at Constantinople with her Aunt where Theodosius the younger matryed her and she became a Christian was called Eudoxia and Empresse Mallela fol 225 I have given a fair account of what Toleration was allowed to the Gentiles Jews and all manner of Hereticks I could enlarge my catalogue under Honorius with recounting not only how much he favoured the Gentiles and Donatists with both which he is notwithstanding reported by the instigation of Stilico to have dealt somewhat severely so as that they rejoyced at his death but by reckoning Eucherius the son of Stilico for one Vid St. Claverium in m●scell ad Claudian cap. 9. of whom Orosius tells me lib. 7. cap. 27. that he intended to gain the favour of the Pagans by erecting them Temples and destroying Christian Churches and for an Heathen is he
stultitiam suam dum minuere velunt augeant longe diversa sunt carnificina p●●●as nec potest ●ut veritas cum vi aut justitia cum crudelitate conjungi quique sunt sacerdotes antistites religionum that all these Pagan Priests were then in being you may note how he directs his discourse in generall against persecution for Religion There needs no force nor injurious compulsion because Religion cannot be enforced to make men willing you must use perswasive words and not stripes Why then do they rage and persecute that so they may encrease instead of lessening their folly The Bible and the Gallowes Piety and cruelty are things of a quite defferent nature nor can truth subsist with force or justice with oppression Then he having objected in the behalf of the Heathens that they ought to defend the publique rites and religious worship he commends them for their tenderness in the behalf of Religion but reproves the wayes whereby they would preserve it Religion is to be defended not by slaying but dying Defendenda religio est non occidendo sed moriendo non saevitia sed patientia non scelere sed fide Illa enim malorum sunt haec bonorum Et necesse est bonum in rel gione versari non malum Nam si sagnine si tormentis si mala religione defendere velis jam non defendetur illa sed polluetur atque violabitur Nihil enim est tam voluntarium quam religio in qua si animus sacrificantis aversus est jam sublata iam n●lla est not by cruelty but patience not by wickedness but faith those are practices of the bad but these of the good If you will defend religion with bloodshed torments and oppressions you will rather pollute and defile Religion thereby then defend it Nothing is or ought to be so voluntary as Religion which ceaseth to be such if the Sacrificer worship with an unwilling mind Many more sayings of the ancients might be produced for the further illustrating of this point but in the relations which I have given of the Toleration allowed of old by the first Christian Emperours there is so much intermixed of their Judgment in reference to the case in hand that I shall forbear till further opportunity leaving the Reader to think that those Emperours had a Clergy living in those dayes though not endowed with Titles and that it may be presumed they did advise or concurr to those decrees which Justinian did absolutely infringe together with the Popes of Rome who in the declining of the Greek Empire advanced themselves to a secular principality I shall not insist upon the Toleration which hath been allowed and avowed under Protestants since the beginning of the Reformation he must be a great stranger in the world that knows not with what vehemency they have condemned Popery and the Popish inquisition It is not to be denyed that under Henry the fourth of France as also now in the same campe men of both religions fought for the same person and that the Protestants offered the Papists a Toleration and advised their King to it and thought it not only necessary but lawfull as again their King being turned Papist they sued for a Toleration and procured that Edict by the benefit whereof they enjoy their present Liberty In the Germane Diet at Spires 1626 the German Princes demanded an universall Toleration for Religion and that upon these motives 1. Because faith must be free and voluntary 2. Because it is the gift of God 3. Because Experience sheweth how force doth nothing avail 4. Because the Christians have always tolerated the Jews I desire the force and extent of these arguments may be weighed and see if they will include the Heretiques of our times Is their Faith to be lesse free Or lesse the gift of God Or can they be more compelled to believe then the Calvinists or Lutherans Is that argument a majori ad minus from the sufferance of the greater to the sufferance of the lesse more invalidated in our dayes than of old viz. If the Jewes have alwaies been tolerated who deny our whole Religion the Trinity the Messiah Justification c. the new Testament and Daniel in the old may we not tolerate such as differ from us in smaller cases How far Toleration hath been extentended in Transylvania Poland Hungary Austria the Hans-towns France Holland c. I cannot at present enlarge on nor recount the sayings of severall Kings or Divines to that purpose but I will undertake to evince the Lawfullness and possibility and manner of a firme Toleration out of the principles laid down in the reconciliatory discourses betwixt the Lutherans and Calvinists N.B. I am assured by Beza that the Lutherans are Nestorians and Eutichans ubiquitatis dogma quod ad Christi naturas attimet prorsus Nestorianum quod adearund●m idiomata spectat penitus E●tychianum est Bez. ●p ad Dudith And I appeal to all judicious persons whether therebe any greater difference betwixt the Heretiques abroad till Arminia nisme Semipeligianisone Episcopacy c. be new-named by Presbytery I shall so term them and those in England then that the one are removed from the other by the interposition of the Sea But against this Toleration in the utmost extent of it it will be objected That under the Law of Moses Idolaters and Blasphemers were put to death Exod. 22. v. 20. He that sacrificeth unto any God save unto the Lord only he shall be utterly destroyed and Deut. 13. If there arise among you a prophet or a dreamer of dreames and giveth thee a signe or a wonder and the signe or the wonder come to pass whereof he spake unto thee saying Let us go after other Gods which thou hast not known and let us serve them thou shalt not hearken unto the words of that Prophet or that dreamer of dreams for the Lord your God proveth you to know whether you love the Lord your God with all your heart and with all your Soul Ye shall walk after the Lord your God and fear him and keep his commandements and obey his voice and you shall serve him and cleave unto him And that Prophet or that dreamer of dreams shall be put to death because he hath spoken to turn you away from the Lord your God which brought you out of the Land of Egypt and redeemed you out of the house of bondage to thrust thee out of the way which the Lord thy God commanded thee to walk in so shalt thou put the evill away from the midst of thee If thy Brother the Son of thy Mother or thy Son or thy Daughter or the wife of thy bosome or thy friend which is as thine own So●l entise thee secretly saying let us go and serve other Gods which thou hast not known thou nor thy Fathers namely of the Gods of the people which are round about you nigh unto thee or farr off from thee from the one
here is subverted is self-condemned and known for such by him who is enjoyned to avoid him if there be any such Hereticks in our dayes he that can discern them let him avoid them but destroy them not till further orders Thus I have done with the case of Idolatry in the disquisition whereof I am not only at a loss in reference to the nature of Heresie the Judge of Heresie and the power to punish it together with the punishment it self but I am dis-satisfied whether it be not commanded to be tolerated in the Parable of the Tares Matth. 13. v. 24. By the Tares is not meant wicked and ungodly livers for then had Christ abolished Magistracy when he prohibited the extirpating such v. 30. to whom the Magistrate ought to be a terror and not to bear the Sword as these their Sickles in vain nor is it meant of Heresies as they are distinguished from Heathenism it being no inoculation of trees but a sowing of different feeds which in the conclusion of the Parable are the Children of the wicked one opposed to the Children of the Kingdom in fine they are burned in the fire whereas of most Heresies I dare only say that the professors of them shall escape but as it were by fire I come now to speak of Blasphemy and the Blasphemers which who they are I see not how I may well determine It is the general vogue of the Jews that it extends in the penal part of the Law unto a bare pronunciation of the sacred name Jehovah or to a reviling insolently the Vnity Verity or Power of God as hath been shewed Material blasphemy or the professing a Religion or worship which in effect repugns to the Truth Unity and Power of God is not the thing prohibited or punished hence was the Toleration of old amongst the Jews and of Heathens amongst the Christians as also of Arians c. who if they had been concluded under this Law should be censured with death and not slight or no penalties To dispute against the greatest truths seems not to have been accounted condemnable blasphemy for when Paul was at Ephesus he disputed with others and they with him concerning the things of the kingdom he said they were no Gods that were made with hands yet doth the Town-Clerk give Paul and his followers this testimony that they were neither robbers of Churches nor yet blasphemers of the Ephesian goddess Act. 19.37 This text puts me in minde of a general opinion which Baronius doth avow Tom. 1. ad ann 57. that the Jews and Christians did generally hold that even the Heathen Gods were not to be reviled or contumeliously spoken against Josephus recounteth it for one of Moses his Laws Let none blaspheme such as the other cities shall esteem as Gods Antic l. 4. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The same Authour in his second Book against Appian having interested the innocency and integrity of the Jews declines all bitter discourses and declamations against the Gods of the Heathen saying It is our custom to observe our own laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to accuse those of others Our Lawgiver hath directly prohibited us to revile or blaspheme such as are reputed Gods by others for of much as they bear the name of God And Philo saith that Moses did not so much as permit the Proselytes of justice or such as did entirely profess Judaism to blaspheme the Gods they had renounced least it should give occasion to others to blaspheme the true God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo de Monarch lib. 1. but of this I shall speak more in my proposals how to manage a Toleration whereunto though some light may be gathered from what I have here laid down yet if it be found that I have proved the lawfulness and necessity thereof I shall according as God shall enable me with strength and opportunity and as the publike exigency of affairs whereunto I think my self obliged to contribute all that I can shall call for it at my hands I shall endeavour to lay down such a method as thereby we may have that peace with all men the possibility whereof I have already evinced by matter of fact and could much more had I not tyed my self to the Roman and Greeke story and the necessity whereof we may learne from that Apostolicall precept If it be possible and as farre as lyes in you have peace with all men Rom. 12.18 Hebr. 12.14 Much more might be said of Hereticks and their punishment out of Austin and how it is generally acknowledged how the Orthodox Christians did never implore the aide of the Magistrate for 400. Years though the hereticks did and out of the same Father I could answer the greatest inconveniences attending this Toleration which was denyed to the Donatists Circumcellions men outragious in their ways and the latter of which did use to kill with swords and maime the orthodox party as also to put out their eyes with a mixture of lime and vinegar And will any one think this an entermedling of the Magistrate in Spirituall matters if he suppresse these Did the Magistrate of old ever punish or fine the Pelagians and Jovinians hereticks Quando Pelagianis Jovinianis ex Caesarum edictis dicta est mulcta Erasmus de inquisition and Adversus Pelagium nunquam agitatum est de implorandâ Caesarum ope quòd non perinde turbaret Reipub. tranquillitatem id de haeret puniend But I reserve these things for an Appendix to what hath been said or for a second Edition in which I shall faithfully represent all Objections that shall be made against this Treatise by private Letters or which I shall finde in Books whom I shall as much consult then as I have herein mine own thoughts If any shall think it fitting either by way of Letter privately or in Print to oppose what I have said here I desire he would explain the nature of Heresie out of Scripture or else not to think that I will ever grant any necessary conclusions from thence And that he would shew me why Hereticks of a greater or less allay and Schismaticks should become of a worse condition then Pagans since Dominion is noy founded in Grace and Excommunication is not the privation of any proper or peculiar good whereof the Transgressor of the Law was formerly possessed but of those common benefits which he should have reaped from the Church as of spiritual communion and receiving the Sacraments Medina in 1. secundae pag. 5●3 q. 96. art 4. as Medina words it out of Seto Besides let them shew how it is that that we come to be within their jurisdiction The Pope and most of the Papists do profess they have no power over them that are without they say Moores Jewes and Pagans ought not to be extirpated or forced from their Religion and that over them the Church hath no power That her power over Hereticks ariseth from their being Rebels and from
their deserting that profession which they have made of faith unto the Church And their reason is because every Republick ought to have power to punish offenders But as to their argument it is false that Christ hath any such Church organical as they mean and as I shall shew possibly in a discourse concerning the personal reign of Christ And if he had any such Chimarical Church yet would not that be destitute of power to subdue and chastise offenders For saith the Apostle though we walk in the flesh we do not warre after the flesh for the weapons of our warfare are not carnal but mighty through God to the pulling down of strong holds casting down imaginations and every high thing that exalteth it self against the knowledge of God and bringing into captivity every thought to the obedience of Christ And having in readiness to revenge all disobedience when your disobedience is fulfilled But since it is or may be stated that Baptisme is no admission into a particular Church nor an assent unto the Articles and Confession of a particular Church but something else and Babie-baptisme as established upon the resembling practise of the Jews in their Proselytes of justice was of no validity though conferred unlesse the childe baptized being come to years of discretion did own the act of the Church or Council which if he did not he was not looked upon as an Apostate but as one that had alwayes been a Gentile And I think if we enquire into the usage and judgment of the Ancients the said Infant-baptisme will amount to no such obligation without the Additional of Confirmation But let these things be true or false Roffensis in his book against Luther Art 33. saith that he denied both That the Pope could force men to return to the profession of that faith which they once embraced or punish them for such their relinquishing thereof Yet in this the Papists deal more ingenuously with those they persecute then others do for they shew them a Catholick Church to which they have vowed obedience They shew them a Judge and that an infallible authoritative one so as they can neither dispute the power nor the equity of the sentence All which pretenses though they be vain and empty cosenages yet is the procedure more fair and rational then if without these formalities and circumstances one should suffer To conclude I should here become an humble Supplyant for those of the Episcopal Divines who understanding the principles of that Church-way which they profess have learned in all conditions to be content and in their prosperity were neither rash in defining nor forward in persecuting soberly-tender Consciences It is certain we owe much to their learned defences of Protestancy against the Papists and several other their labours and may reap much more benefit thereby if they may have a greater security paying that respect which they ought to their Governours and praying for them that they may live peaceably under them then at present they enjoy in their walkings In like manner I should plead for such Catholicks as adhere to the doctrine of Widdrington or Preston and Blackwel c. denying the Popes power any way in Temporals to depose Magistrates I hope I do not by this Declaration reflect upon what hath been publikely noted concerning Popery and Prelacy it being to me inconceivable that by those terms any thing should be meant but the Popes power in temporals and the Bishops domineering in Parliament as Barons and spiritual Lords to dispose of lands or the civil obedience of subjects such being ready to sacrifice their lives as well as fortunes for the defence of their Heretical Governours in secular lawful quarrels since this is their judgement whatsoever Mr. Baxter ignorantly and foolishly charge the Papists in general with I DO PROFESSE UNTO THE WORLD AND ACQUIT MY SELF OF ANY WAY CONTRIBUTING TO THEIR OPPRESSION If I have evinced the Lawfulnesse and necessity of an universal Toleration and if it be the basis upon which our Common-wealth stands and Principle which is owned as neither of the aforesaid can suffer upon a Religious account so neither ought they to be damnified upon a Civil To vindicate the Widdringtonian Catholicks now in England I shall not recite any particular testimony out of their writings nor mention Mr. George Blackwell Arch-Presbyter of the English seminary Priests nor others who upon several occasions have declared themselves I shall only set down the testimony of thirteen Reverend and learned English Priests with whom twice thirty others would have joyned These are all Widd ington own word in h●● confutation of T. F part 1 cap. 5. if their protestation had not been made so suddenly who to give assurance of their loyalty to the late Queen Elizabeth did by a publike instrument written in parchment thus declare themselves WHereas it hath pleased our dread Soveraign Lady to take some notice of the Faith and Loyalty of us her natural born subjects Secular Priests as it appeareth in the late Proclamation and of her Prince-like Clentency hath given a sufficient earnest of some merciful savour towards us being all subject by the Laws of the Realm to death by our return into the Countrey after our taking the order of Priesthood since the first year of her Majesties reign and only demandeth of us a true profession of our allegiance thereby to be assured of our fidelity to her Majesties Person Crown Estate and Dignity We whose names are underwritten in most humble wise prostrate at her Majesties feet do acknowledge our selves infinitely bound unto her Majesty therefore and are most willing to give such Assurance and satisfaction in this point as any Catholique Priests can or ought to give unto their Sovereigns First therefore we acknowledge the Queens Majesty to have as full authority power soveraignity over us and over all the subjects of the Realm Thus farre in English out of VVidrington against T. F. what follows is translated out of his Latine copy published in append ad disp Theolog. part 2. Sect. 1. §. 6. as any her Highness Predecessours ever had Moreover we do acknowledg profess that we are of our own accord willing and ready in all occasions and emergencies to obey her commands as farre as any Christian Priests either in this kingdom or any other part of the world were ever obliged by the Law of God and Christianity to obey their temporal Princes viz. to pay taxes and other customs belonging to the Crown to obey her Majesties Laws and Magistrates in all Civil cases to pray to God that he would grant in his good pleasure unto her Majestie a quiet and peaceable reign in this life and hereafter eternal happiness And this our Recognition do we think to be so firmly grounded upon the word of God that no Authority Cause or pretense of such can absolve us more then any Protestant or ought to do so from paying her Majestie all Civil and Temporal