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

Theodosius was the first that put down the publique Temples and sacrifices of the Heathen which were till then maintained at the publique charge of the Roman Emperours though Christians And the Senate being all Heathens opposed him Zosim hist l. 4. Gratian who shared the Empire with Theodosius refused at his inauguration to be created Pontifex max. by the heathen Romish Priests it being till his dayes a constant custom that however the Emperours were Christians yet did they receive the sacerdotall habit and title of Pontifex maximus from the priests aforesaid Zosim histor l. 4. yet even the coynes of Gratian are to be seen as well as of Constantine the great Valentinianus Valens with a Pontificall habit and this inscription Pont. max. Chrysostome who lived as himself saith in the time of Julian untill the time of Honorius in his book against the Gentiles and concerning S Babylos having contemned the multiplicity of books written by the Heathen Sophisters and Philosophers against the truth which now men are so affraid of that they will not venture the Gospell amongst them as being ridiculous rather then dangerous even to the least childe or woman He tells the Gentiles further 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 None of us ever made warre against you for it is not lawfull for Christians to overthrow error by force and violence but by perswasion reason and meekness to gain men over to Salvation Wherfore no Emperor believing in Christ did ever make such edicts against you as Pagan-Emperours have done against us Yet notwithstanding so much tranquillity none molesting it at any time yet hath not the superstition and errour of the Heathen been able to subsist it fell of it self and so became extinct like corrupt bodies after long putrefaction they perish of themselves no outward force contributing thereunto These are not hasty words but spoken in an age and to Persons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that could and would have disproved his assertion if it had been false But to evince it that this was no empty flourish of his he repeateth the same thing in his commendation of the Martyr Drosis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Since the coming of Christ there have been Infidels Emperours and there have been Christians but of the Infidels most of them did persecute the faithfull Slaying Hanging Burning Drowning Tearing with Wild-beasts and using sundry other Torments and Punishments to make them renounce their faith but they prevailed not they were laught at by the Martyred Christians who did not lessen thereby but augmented their number As for the Christians NO GODLY Emperour ever yet did choose to punish or afflict any infidell that he might force him to renounce his errour and yet gentilisme of it self decayes and ceaseth that you may learne the strength of truth and the weaknesse of Errour the last falls away of it self none molesting it this infinitely rises and advanceth when it is most depressed But to come to particulars Constantine did allow an Vniversall To ration Euseb de vit Constant l 2. c. 55. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Let them that are in an error enjoy the same peace tranquillity with the faithful for a restauration of commerce may do much to reclaim them unto the right way Let no man molest another but let every one act what his soul listeth Let those that have a true opinion concerning God be perswaded that such only as regulate their lives by the rule of Gods Laws do lead a most holy and upright life But those that will not be conformable thereunto let them if they will erect Temples and consecrate Groves to vanity And chap. 59. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But let no man in that which it is clear he is convinced of give any offence or damage to another wherein any man hath made any discovery therein if it be possible let him benefit his neighbour but if he cannot let him be given over for it is one thing for a man willingly to contend for immortality and another to be compelled for fear of punishment These are the words of Constantine wherein he professeth that he is the larger because he would give an account and not conceal the Truth as also to refute those who should say and such speeches he observes to have been then given out how he had abolished the Heathenish rites and customs ibid. ch 59. There is another edict of his to the people that were Heathen Qui v●ro id vobis existimatis conducere adite aras publicas adque delubra consuetudinis v●strae elebrate sollemnia● n●c enim prohibemus praeteritae usurpationis officia l●bera luce tractari Dat id● Maii. Constantino A V. Licinnio Cons enacting free liberty of religion you that think it best go to the publique Altars and Temples and celebrate your accustomed rites for we doe not forbid the ancient practise to be continued by day-light God Theod. lib. 9. tit 16. l. 2. ad populum Scipio Ammiratus in his politique dissertations against Machiavell saith It is most certain that after Constantine had turned Christian Compertissimum est postquam Constantin ●●b●ptismatis lavacro regeneratus ●bristiano● sovisse● Eccl●sia exedific●sset persecutiones sustulisset privilegia immunitates Christianis largitus esset nihilominus gentilium templ● ab eo min ne desiructa imo permissum fuisse ut unusquisque suo arbitratu quam v●llet religionem co●eret quod Eusebius clare docet ad●● ut nullus dubitationi locus relinquatur Quod si in ●hoenicia in civitate Constantiae Deorum statuae d●rutae fucrunt tesiatur idem Eusebius hoc ab illis populis qui verae salutis cognitionem susceperant inania idola rejeccrant sponte factum fuisse Scip. Ammirat polit dissert 1 2 disc 12. built their Churches given them immunities and priviledges yet did not be destroy the Temples of the Gentiles nay he permitted that every one should live in what religion he pleased which Euseb doth so clearly declare that none can doubt it And if in Constantia a City of Phenicia the statues of the Gods were destroyed the same Eusebius tells us that it was done voluntarily by those people themselves who had renounced Idolatry and embraced the Truth in Christ In Baronius we find a speech made to the Romans Senate and people The words are these Inter divina humana servitia h●c interest quod humana servitia coacta sint divina autem voluntaria comprobentur Deus enim quia meate colitur sincero hominis veneratur affectu spontanea ejus debet esse cultura I ●hoc enim apparet quia Deus verus est quod per tanta secula contemporibus suis non iratus finem imposuit sed propitium se etiam qui coli debeat demonstravit indulgendo crimina salutem aminabus corporibus conferendo Sit ergo omnibus notum non necessitate coactos sed suo judicio liberos posse fieri Christianos nec humanum metuentes impertum

ad Dei culturam accedere aliquos oportere sed rationabili consideratione magis rogare ut Christianorum numero applicentur ab iis qui huic sacratissimae legi deserviunt Justum enim verumque conspicimus ut sicut petentibus culpa est si negetur ita non petentibus si tradatur iniquum Sed nec hoc aliqui metuant quod a nostrâ gratiâ divellantur si Christiani esse noluer in t Nostra enim clementia talis est ut a bono opere non mutetur The sum of which is That Christianity is not to be enforced that God requires the heart and sincere affection not outside worship And that he should favour the Christians but yet not any way disrespect them who should be ●otherwise minded Baron annal Eccles ad annum 324. § 81. In fine the Roman Cardinal concludes that it is evident how they are deceived who think Constantine did shut up the heathenish Temples Eunapius in the life of Edesius saith that when Constantine turned Christian and built them Churches one Sopator a Philosopher went to him to reclaime him from those proceedings and did so farr gain upon that Emperour that he seated him at his right hand openly in places of solemn appearance which was incredible for to be 〈◊〉 or related 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eunap in vita Edesii p. 3● 36. and prohibited their rites or made use of force in the propagation of Christianity id ibid § 91 92. And if any allegations to the contrary of what hath been avowed can be produced and find credit in an age so convinced of the many forgeries in cases of antiquity which have so great a subserviency to the ambition and interest of a sort of men in our days I must either say it was done upon a secular and politique account for preservation of the civil peace when men began to opiniate it and promote faction instead of religion as the Jesuits in England now suffer for sedition in owning a forreign power paramount to what is amongst us and able lawfully to dispose of our dominions and lands for dissenting from him and not for their Religion Or if it can be cleared that either the Heathens or Heretiques which are in the same condition and from whom God expects equally a willing heart and unfeigned services did suffer banishment as four or five together with Arius did or death or confiscations upon any other score I think Constantine did not onely swerve from his protestations in the East and West but from the truth as farr as the East is different from the West However if Constantine did banish Arius and a few others which yet is controverted the same man did exile Athanasius nor need we doubt that the Arians and Novatians had a toleration under him since under his Son they over-ran the whole Empire and it is credibly reported how they perverted him too before his Death It is very observable which Sozomen relates l. 2. c. 30. That before Constantines reign whilest Christianity was under persecution though there were a multitude of Sects and Heresyes yet did men of all professions as they suffered under one common name so did they entertain a joynt communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is true some may say that this union of theirs was to be attributed according to Sozomen not to any other cause then their common calamity which made them unable to molest each other which I confesse is an exception which the very words seem to suggest as I have represented them but it is no lesse true that he calls that molestation wherewith they could not disquiet each other a pragmaticalness and the sense may be that being all sufferers upon one cause among the Gentiles whatever they might otherwise have done upon the accompt of different judgments yet upon the account of common afflictions they could not be over-busy to disquiet each other not that they did not know each others differences or that they would communicate when communion was sinfull for who will ever believe such a thing of the Novatians and Cataphryges but because they thought them to be reall which could suffer for the name of Christ and agreeing to dye in the profession of the Gospel could not morally and in equity for otherwise they might have been excommunicated be molested for curiosities such as busy-heads might finde out Upon this account it was that though they had their particular meetings or Churches into which they were associated and wherein they did make their speciall confessions notwithstanding those several-tyes of Assemblies they did occasionally conserse with each other that owned the name of Christ nor though they were never so small a number did they separate from them till humane policy began to mould a Catholique Church and carnall prudence accomodated all to civill ends And after that Constantine had made an Edict against all Heretiques that they should unite to the publique Churches and have no private Assemblyes of their own Sozomon l. 2. c. 30. yet was not that law observed or made with an intent that it should be observed as I prove elsewhere but the Novatians differing from the Orthodox onely as Puritans from Episcoparians as one may say were tolerated at Constantinople in their free Assemblies having their proper Bishops as also at Alexandria and Rome untill the time of Honorius and Theodosius the younger under them it was that the Novatians were at Rome suppressed and their Churches which were many taken from them and their Bishop together with the great multitude of his adherents forced into corners But neither this nor the like act at Alexandria was done by Imperiall Authority but by the growing mystery of iniquity in Pope Celestinus and Cyrill of Alexandria who began to exercise a civill rather then Ecclesiasticall power Socrates is positive in this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But in Constantinople they were not molested Socrates lib. 7. cap. 7 11. Nor were the Novatians only tolerated in their Religion and way of Worship but preferred unto Secular Honours For Chrysanthus the son of Marcianus a Novatian Bishop who was himself at last chosen Bishop of the Novatians was at first a Commander under Theodosius the great prefect of Italy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and afterwards Vicegerent in the Brittish Isles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Socrates relates it in the same Book ch 12. And this Socrates did live in those times whereof be writes The Macedonian heretiques of a deep dye for they admitted not of the Nicene faith had their Churches in Constantinople Cyzicum and other places under Theodosius II. and Valentinianus III. as Socrates tells us l. 7. c. 31. And as for the Arians their doctrine and differences were not only looked upon as pettite quarrells for which the peace ought not to be broken in the judgment of Constantine see the Lord Faulkland of infalibility But after the Council of Nice and that Arius was anathematised yea and

invests them with whether they can diminish it what we say now is their duty will be but an Act of grace and all our rights will be changed into priviledges It is then clear that the People are the Efficient cause of Magistracy and that all true power is derived from them Who those People are I must referr you for brevity sake to a consideration of the Erection of the Common-wealth in Israel There is no Government now but hath its originall from the consent of some people which people if they were before ligued with any other number besides themselves are tyed by their mutuall promises and compacts to them and their common Magistrate so as not to erect any new one in opposition to him unlesse there be a violation of fundamentall agreements and all satisfaction for what is past together with reall security for the future be denyed or to be despayred of If the Magistrate alone injure them they may with the common or in case that cannot be had thorough the circumstances of affayres which is the default of the Governors not governed with an interpretative Consent call him to an accompt If the others dissent and defend him then are they free from all precedent obligations not onely towards their Magistrate but one another Since in conditionall pacts if the one party faile the other is at liberty If their quondam Magistrate with his partisans invade them then are they free to defend themselves or prevent such dangers as are threatned any way from him or them yea and so to manage their own safety which is the onely cause of a just war and the End of Government in general that they may at Length totally subdue and subject them To all that are by conquest thus subjected the new erected Magistrate of the conquering people is not properly a Magistrate but a provinciall Governour And if they gave just cause of fear to the conquerours at first their Conquest is just if otherwise then not And so long their subjecting is legitimate whilest that security is gained which the conquerours designed in the beginning and expect as the product of war This Magistrate hath no absolute power over the conquered but such as is derived from them in whose strength and for whose safety he doth act and to them he is accomptable for such his demeanour as is not founded upon the Rule of Self-preservation As in the Common-wealth of Israel when they were to choose a King that King was obliged to have a booke of the fundamental laws written in his own hand and to read herein all the days of his life that he might observe the said statutes and do them that so his heart might not be lifted up above his brethren and that he should not turne from the commandement to the right hand or to the left Deut. 17. v. 18.20 So it behoves such a people as impowers any for Magistracy upon severall cases to make them recognise their Authority from whom they have it and for whose sake it is that they rule not only over them but over new accquests they ought also to be very cautious of mixing their government with that of the provincials and such as do not close with them in their originall Constitutions of their Magistrate for their proper interest may be eaten out and their Magistrate become established upon the base of such articles as the conquered will assent unto for the bettering of their present condition no lesse then ruine of their conquerours Severall Kingdomes in Spain having permitted their Kings by marryage to unite different Kingdoms retaining different loves and qualified with discrepant principles of Government have now lost their priviledges and fundamentall rights each contributing to the others overthrow by the subtill counsells of their Magistrate If the People Are the Authors of Magistracy and he their creature Then it will follow that He is erected and established for the compassing of their good and that this is the End for which he was set up For since man in his actings is supposed to act voluntarily and the object of his will is some good either reall or apparently so it must likewise be supposed that in the constituting of Magistracy all did aime at something that might be an universall good it being not imagined how all should conspire for the procuring of any good of a particular man or number of men to their own detriment and disadvantage self-love is not onely the dictate of Nature but recommended by our Saviour as the rule and measure of such love as we are to bear towards our neighbour The Ends of Nations in the erecting severall fabricks of Government are as different as they themselves there being no thing universally good or universally approved of And as their intendments are discrepant so they disagree in the ways for attaining their purposes which variety arises from the various prejudices and capacityes they are born and educated to in different climates with difference of naturall tempers difference of dyet and customs c. The most obvious and universall end is the upholding society and entercourse by securing each in their property and manage of commerce betwixt one another for mutuall supply of things necessary After that the World grew populous and that men began to straiten in their plantations they formed severall petit Governments each Town being a principality upon the end specified That they did not erect them for nor impower them to determine of the word or worship of God seems manifest from Scripture Before Enos there were Cityes and communityes for Cain built one Gen. 4. v. 17. yet the Text saith positively after Enos was born unto Seth Then began men to call upon the name of the Lord. Gen. 4. v. 26. After that when Abraham travailed up and down into Egypt the land of Gerar c. he erected an altar at Bethell and worshipped his God who was not the acknowledged God of the nations amongst which he sojourned without a plea for toleration in summe the whole story of the Saints under the old Testament seems to evidence this truth that their Magistrates were purely civill and that though they might have a Nationall religion as in Egypt and possibly Salem yet did they not entermeddle with the particular religion of their subjects or them that sojourned amongst them It was Haman's counsell to King Ahasuerus to destroy the Jews for that their laws were different from all people neither kept they the Kings laws viz. concerning Religion for if they had been otherwise criminall they could not have escaped unpunished Esther 3. v. 8. It is the Opinion of Bellarmine in his booke de Laicis that the Heathens did grant an universall liberty in the worship of God which assertion is for the most part true for though they had peculiar Gods for their nations yet privately and publiquely they which worshipped a God whosoever or whatsoever it was were permitted though Diagoras and Protagoras the one doubting of

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