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 hâ—â— 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
was not nor is now changed The Petition of right and other laws in being had already deposed Monarchy and we were onely to improve not create a Republick They who manage these objections had reduced us to that posture as a very little alteration in an invidious name and some other circumstances might secure the people in those Privileâ—ges and immunities from which they would not recede Whereas it is said further That the Soveraignty being mixed or distributed into the Hands of King Lords and Commons no part had Authority to change the Constitution I shall not aske these men How the Commons came to be admitted to share in that mixture of Government But to me it is indubitable that since the end of the establishing a King and Lords was the welfare of the people and Commons whatever distribution of Government may have been enacted yet it is the end that regulates the meanes and renders them useless and rejectaneous upon occasion and hereof either the Commons must be Judges who feele the Pressing inconveniences of the meanes controverted or else they who reape advantages by such deviations and grievances and who are too much interessed to determine aright If Pharaoah may judge he will say the Israelites are idle rather then oppressed with burdens If there be any yet so obstinately perverse as to explode the Title upon this account yet cannot any deny but that it is an Old as well as Good cause in opposition to the Instrument and that most non-sensicall paper called the petition and advise of such a juncto as must never be reputed of hereafter but with the infamy of Parlamentum indoctorum or a Parliament that lacked learning and wit or Honesty and it is so farre from impossibility that it is not abfur'd for the same thing in a different respect to be New and Old I shall illustrate this by something which if it be in it 's own nature lesse convincing yet it is not to be rejected by our most implacable Adversaries How often have our Parliaments declared this or that to be a fundamentall right and the birth-right of the subject which yet is not to be found established or bottomed upon any thing but that claim antecedent to our constituted laws whereunto Nature doth imbolden us That which the Parliament under the first acknowledged cause did avowe as the fundamentall constitution of this Kingdom that the Soveraignety thereof was mixed in a King and two Houses of Lords and Commons with severall other things of the like nature cannot be justifyed but by such a defence since the Monarchy is supposed to be founded at the Conquest or if we will rise higher yet will no enquiry direct us to a mixture of Soveraignety such as the Commons fundamentally share in there being no such order of Estates if I may so call it untill Henry the first and for their power it may be better disputed then proved by any other way then what will evince Our Cause to be Old as well as their priviledges c. Fundamentall I cannot informe my self of any other manner whereby to justify that Protestation of the Commons which is recorded by Dr. Hâ—ylin in his Adâ—eâ—t sement on the History of the Reigne of K. James And Rushworth in his collections The protestation of the Commons Jac. 19. 1621. THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Jurisdiction of Parliament are the ancient and undoubted Birth-right and inheritance of the Subjects of England and that the arduous and urgent affaires concerning the King state and defense of the Realme and of the Church of England and the maintenance and making of Laws and redresse of mischief and grievances which daily happen within this Realme are proper subjects and matter of Counsell and debate in Parliament And that in the handling and proceeding of those businesses every member of Parliament hath and of right ought to have Freedom of Speech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have likewise Liberty and Freedom to treat of the matters in such order as in their judgment shall seem fittest and that every member of the said house hath like Freedom from all impeachment imprisonment and molestation other then by censure of the House it self for or concerning any speaking reasoning or declaring any matter or matters touching the Parliament or Parliament businesse And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advise and assent of all the Commons assembled in Parliament before the King give credence to any privâ—te Information This and many other Parliamentary expressions though True In the Civil Law he whâ— was mode compleatly fere and one of the ingenui though his Mother had been and were a Servant or bond-woman and his birth Servile yet upon such his enfranchisement he was said natalibus restitui to be restored to his BIRTH-RIGHT that is not to such as he was borne to by his immediate parentage but such as appertained to him by descendence from Adam L. 2. D. de natalib restituend as it is cited by Selden de jur natur l. 2. c. 4. p. 163. just and equitable in former and later days can in my judgment be no better verifyed then the Old cause when most disadvantageously looked upon as being no otherwise Laws Priviledges and undoubted Birth-rights then that they should and ought to be so But to proceed I often communing with my own soul in private use to parallell our bondage under the Norman yoak and our deliverance there from to the continuance of the children of Israell in Egypt and their escape at last from that slaâ—ish condition and as the severall providences attending them in their journey into the land of promise have created in me thoughts of resembling mercies and distractions that have befallen us in our progresse to Freedom so particularly the late dispute about the Good Old cause did cause in me some reflexions upon the course which Moses tooke to disengage the people of the Lord in those days from their servitude God tells Moses that he would bring the Israelites out of the affliction of Egypt unto the land of the Canâ—anites to dwell there Exod. 3. v. 10 16 17 18. And this Message he was to impart unto the Elders of Israel Yet withall as Philo Judeus saith and the circumstances of the text render it certain he is commanded he and the Elders of Israel to say unto the King of Egypt the Lord God of the Hebrews hath met with us and now let us go we beseech thee three days journey into the wildernesse that we may sacrifice to the Lord our God Exod. 4. v. 29. So Moses gathered together all the Elders of
compleate proselytisme least the apprehensions of temporall benefies might prevaile with multitudes to come in and so the Assembly be swayed by the Proselytes notwithstanding the Orders and concurrence of the multitude of Israelites in whom was solely the executive part of Magistracy and more Furthermore if Rome and Israel by accessionall proselytes and Venice might grow up to such an inequality as to be an Aristocracy in comparison of some parties or provinces why may not a Common-wealth at first be so erected Since Oceana is the first complexive Republick we have not onely the establishment but flourishing estate continuance and Security of all Republicks almost for to encourage us And in a diffused Republick at first if the Government of one Moses Lycurgus or â—imoleon ruling purely for the good of the people and with intentions to enstate them in a perfect freedom doth not create a Tyranny why should otherwise a coordinate Senate made up of many Solons Lycurgus's and Thrasybulus's be termed an Oligarchy when acting onely for the same ends I cannot but declare my judgment for the promoting of Mr. Harrington's modell in the prayses whereof I would enlarge did I not think my self too inconsiderable to adde any thing to those applauds which the understanding part of the World must bestowe upon him and which though Eloquence itself should turne Panegyrist he not onely merits but transcends yet as limited to the good people which have adhered to the Good old canse and I suppose the Common-wealth of Israel may herein as in other causes become our pattern But if we must stretch the cords farther I see no security but in some influencing Senate who may so long continue as the necessity of the nation shall require it for to determine them a time of durance and not to be able to determine a period to what is the cause of their durance is not onely presumptuous but it carries with it this further inconvenience that the maligners of a Common-wealth will know how long to cherish their hopes for an after-game and so will not comply whereas by this indeterminate constitution of theirs they will be forced to abandon such thoughts since there will be state-holders whilest they shall not cease to give occasion for their continuance How farre this Coordinate Senate may proceed how it may not degenerate into an Oligarchy they which proposed it will doubtlesse find out I think the example of the Decemviri hath nothing in it to their prejudice and it is so farre from being likely that I think it impossible for any number of our patriots to erect an Oligarchy by such a Senate for which I have greater motives then the confidence of their Goodness which yet I have an extraordinary beleef of That other exception made by some against entrusting an equall Common-wealth in the sense vulgarly urged is that such is the posture of this nation at present that if they be universally enstated in a perfect Liberty they will invade Liberty of Conscience That they may do it notwithstanding established Orders is I think clear from what I have already said in case it should be their will and intent That there is just cause to fear they will do it may appear from these as well as other considerations They who are for a free Toleration are the lesse numerons beyond all proportion and their advantage is that they are possessed with the Militia of the nation and under good commanders resolute in themselves and assisted with prudent councellours On the other side they which would overthrowe Toleration are the more numerous greater-landed men so that possibly it may be found that in the ballance of land they possesse five parts of seven or the like the expensivenesse of their ways renders many as traders or dependants obnoxious to them if you arme them they will soon take courage and renew their interest in their dependants which never sinkes but with their estates though it may be broken thorough defect of power which will be taken away by the Equality instituted and what such dependants may do you may see in the Common-wealth of Ephesus in the tumult of Alexander the Copper-smith especially having these encouragements that however it be impossible for the Episcoparians and Presbyterians to prosper and continue together yet may they rise together as did Presbytery and Independency and both have hopes of cheating each other into an uniformity or out of the profits accruing from a destroyed-Sectarian-Toleration the difficulties whereof at long-running are not so great but the quick wit and sight of the one party and the short-sightednesse of the other may justify any seeming complyance by an event not much more uncertain confidering withall the temper of our nation then it is certaine that the glory and pride which depends upon a religious-Soveraignty will be overthrowne by the abettors of a free Toleration Their joynt grounds of confidence are a Ministry totally disaffected from such courses and ready to make Opposition to be the Cause of God and possesse-weak spirits with the hopes of prospering here and assurance of Salvation hereafter I have read it somewhere how the principall thing which kept the Spanyard from securing Portugal at first when he had it in possession was the Ministry or Epiests there at the concluâ—on of each masse they used to desire the people to say one Ave Mary for to â—e delivered from the Castiltan whereby the old animosities were still upheld And now since the Pope refuses to confirm the Portugall clergy whereby vacanâ— advantageous places are unsupplyed they are inclined to the Spanyard again and dispose the people to a revolt and so are mainly Authors of the present danger of their Country what influence these aprehensions may have upon the mindes of men we both have and do experience nor would I have any think the repute of the Ministry so decayed as that they are contemptible or that they ever will be whilest there is so great a number to be served by their continuance and yet gaine by their being humbled Having all these spokesmen scattered over the land they have the Universities in their hands from whence they are Masters of all the education of the youth in the nation so that their party is strengthened with a succession of persons resolute knowing in their way and in esteem with the people with whom to have been at the Vniversity and to be a Scholar a wise-man c. it is all one besides the dependances which the gift of fellowships and other places of emolument doth procure them besides they do not onely strengthen themselves by their hold in the Vniversities but they are thereby in a condition to weaken the Good people of this land for if they send their sonnes and relations to the Vniversity they are there partly by advise the Tutors being universally disaffected or such as will not concern themselves on any side looking upon all with indifferency and partly by example either
God himself when he gave a King to Israel he did but propose the People did set him over them Magistracy is not a paternall right nor consequent thereof either in Scripture or Nature But suppose Adam Monarch of the whole Earth and that Monarchy was instituted when yet there were but two in the world Gen. 3.16 where God tells the woman that her Husband should rule over her I would faine know whither Adam had this Dominion as Father which is not proved from the text or as being the first man created in a world devoyd of Landlords and so falling to the first that should possess it If the latter to wave that question so much debated whither in New found Lands more accrue to the first comer and discoverer then he takes Seisin of Then we ought to employ Sr. Tho. Vrchard to search out one universall Monarch Successour to Adam or it must be proved that our present division of Lands and Kingdomes under Magistrates is of his approbation But both Adams Successour and his will are impossible to be found out and so that rearch is at an end If he had that Dominion as Father then all Fathers have the like power so Adams Monarchy determines with his life and all Magistracy will be at least resolved into the People when many Families and Fatherless Persons unite into one estate If he had that Dominion as the first Father from whose Loynes all mankind issued I would faine know to whom he did bequeath that power Whither it did Naturally descend to his Eldest Son or might be conferred or communicated to other his Children arbitrarily But the right of primogeniture cannot be evinced out of Scripture whilst the stories of Esau Reuben Manasseth David Succeeding to the prejudice of Sauls Sons Adonijahs being displaced by Solomon Jeâ—oahas the son Josiah his preceeding his Elder Brother Jehoiakin in the succession as the Jewes note and out of them Mr. Selden are preserved nor can it be deduced from the customes of Nations the only interpretor of Nature which vary in that point and if the claim of the first-born doth not conclude necessarily as it doth not neither in ancient or moderne Practise the pretenses of other Children are less valid Aristotle saith that succession in Kings by way of primogeniture was the custome of Barbarians that in the time of the Heroes men did rule otherwise Polit. l. 3. If all might be conferred or imparted arbitrarily let such Grantees produce their title from Seths pillars or elsewhere and we shall consider their plea. In the mean while since neither the descendants of Cain nor any other appear to challenge any such rights as mercenary divines and Lawyers have ascribed to Kings for no King or Magistrate I ever read of avowed such his right nor was it thought on either at the founding of the Common-wealth of Israel or the Election of Saul c. I cannot find any Magistracy in the world but what is derived from the People more or less consenting and impowering thereunto And thus if one Apostle call Magistracy the ordinance of God for of that he speaks abstractively Rom. 13. v. 2. Yet Magistrates or Magistracy in the concrete are of humane constitution and the creatures of men 1 Pet. 2. v. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Be thou subject unto every humane creature or creature of man for so the word signifyes and not Ordinance no more then Marc. 16.15 preach to every creature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the Lords sake whether it be to the King c. To the making a Creature it is necessary that it's production be out of nothing or at least out of no matter predisposed for such a forme thus Adam was created and this is the Physicall sense of the word In a Morall sense then to the Creation of a Magistrate it is to be supposed that he neither is already vested with such a power nor in such a capacity as without the accessional of mans creation to grow up thereunto And indeed if all men are equall before they embody by cohabitation the voisinage gives no man superiority over another There are some which phancy that Power is indeed from the People only as Electing to it not as conferring it that they have only the presentation to that authority which God immediately gives This opinion seems to enterfere with that Text which represents the Magistrate as a creature of man but because in Scripture propriety of speech is not too rigorously to be insisted on and makes the case only probable not certain I further say that this is but the resuery of men whose imagination rather then judgement is extraordinary who must place the strength of their cause in Assertions that are only so farr disproveable in that they cannot be proved The People never owned such their suffrage in the most solemn elections of Saul David c. nor did God declare his power to be such though both parties did there severally interpose It cannot be evidenced out of Gods word Nature and Reason teach us no such thing the Relations of our King no less then those of other Nations hold forth the contrary and it were absolute folly for us upon slender probabilities and no greater evidence then a quick wit may give to the most despicable untruths to renounce the professions and practise of all Nations in all Ages which render our Opinion more then probable In fine it layes us open to all the whimseys imaginable that any bold assertour can impose upon the Almighty in hopes of not being refuted till doomesday The Papists will thus defend their Transubstantiation and prove that to be really the Body and Blood of Christ which we see to be Bread The same persons say that in Ordination a Character is imprinted upon the soul of the Priest ordained The English Bishops breathed upon their Creatures saying receive the Holy Ghost A thousand such cheats may be imposed upon the unwary if we admit of these suppositions and quit our sense for that which is non-sense I would faine know what is the Nature of the power thus invisibly collated what is the Tenour of this celestiall charter Is it arbitrary or Limited If Limited how farr These things are necessary for the people to know that they may not transgresse what they are as yet invincibly ignorant of This is a course which renders all Kings Absolute yea and all inferiour Magistrates too for the text distinguishes not of the ones being more from God then the other and it makes the Peoples misfortunes infinite and irrelievable since they are subjected to one upon they know not what termes by one to whom they can make no appeal but by Prayers and Tears This plea doth unsettle all the Governments in the civilized world making all Concessions null or at least in their origine unlawfull that were extorted from tyrants or granted by such Magistrates as are not satisfied with that plenitude of power which God
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 PRAEFACE Concerning 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. Vincat Veritas London Printed in the Year 1659. A premonition to the Reader BEing unexpectedly called to this worke by the good providence of God in our late changes I must begge thy pardon of what judgment soever thou art for severall imperfections that may have happend in the attempt If thou art a friend to the Good old cause I be 〈◊〉 thee to excuse the defects of a person whose reall inclinations thou canst not question without wronging the greatest innocence in the World I have hast'ned the work that so my forwardness might recompense all other miscarryages what is now but an Essay may hereafter grow up to a just defence If thou art one who dissentest any way from me I must further acquaint thee that excepting the preface I never saw three of these sheets together they were never transcribed and in the writing as new passages did occurre to my memory so I pasted them on sometimes not where they should have come in but where I could conveniently place the labells so that if there be any lapses of Memory small incoherences transpositions or other errours as are the products of unusuall haste I must either entreat thy pardon or submit to what severity thou canst make use of after this acknowledgment in any part which is but as it were the fringe of the ensuing discourse I assure thee I have not imposed upon thee any citation but for the Truth of them thou must have recourse to their originals and not to versions which may deceive my adversary but have not me That Mallela whom I quote is a Greeke manuscript in Oxford library I think I have deserved moderation from all men unlesse Mr. Baxter quarrell with me whom I have dealt more roughly with then other wise I should because he seemed and I am informed was instigated by the Courtiers to revile in so opprobrous a manner the abettours of a Common-wealth if I am too confident against him and some others whom I name not I throw my self at the feet of the more learned and judicious Episcoparians if they convince me I shall lay my hand upon my mouth and willingly become a proselyte to Truth It is upon this account that as I professe my self to publish my own opinions without interesting any other in the debate so I have chosen no dedicitour being loath to engage any into the patronage of what upon a sober refutation I my self shall retract as solemnly as I do now dâ—vulge it I aime at nothing but Truth nor do I write to serve any party or designes of any men If any shall think me worthy of being their convert they shall not need to print against me I shall do them as much justice who being loath to write against a book with this Title may advise me by Letter as any who shall appear in print and I onely further adde that I desire they would calmly argue and not disquiet me 〈◊〉 â—â—opular harangues and preachâ—â— such as conclude nothing and 〈◊〉 â—nall reflections since I know 〈…〉 it is for men to say that he 〈…〉 a Toleration of all opinions is himself 〈◊〉 I do declare that there is no necessity of that and my history of Toleration will evince it and moreover I owne entirely Perkin's doctrine in the chaine of Salvation and if I differ from Beza about punishing hereticks I know not how I am bound up to call any man Master I must also desire the errata of the printer may be excused for I have not had any opportunity to revise any proofes From my Study in Ch. Ch. Oxon. July 4. 1659. Henry Stubbe The Preface I Am not ignorant with how much hazard any man writes in these days of ours but to write now and for THE GOOD OLD CAUSE which especially where I live is often mentioned with detestation reproach and scorne is to contend with all the discouragements that might terrifie one from becoming an Authour Some there are who like to Alexander the Copper-smith at Ephesus decrye the Goodnesse of what their interest leads them to condemne others question the Antiquity and doubt whither this Sumpsimus be more old then their Mumpsimus To the former I endeavoured a reply in the Treatise ensuing Of the latter sort of men I desire they would consider That it is not denyed but at the beginning and in the carrying on of the late Civill warres there were sundry causes that engaged severall parties into that Quarrell against the King particular Animosiities Scandalls sense of future Emoluments great or lesse Defence of Liberties and Religion under different garbs and apprehensions These besides what the publick declarations of Parliament held forth whilest neither the priviledges of Parliament nor the Liberties of the people on the one hand nor the Corruptions of a King of whom I may say as of Lewis the Eleventh of France All his evill councill did ride upon one horse were suffic ently discovered and the meanes for establishing the â—â—rst and redressing such inconveniences aâ— the last might create us unthought on or at least such as might not be proposed to a Nation half-prejudiced for an inveterate Monarchy These were the incentives which prevailed with men to contribute to the effecting of such changes as we are witnesses of in England Yet had there been tenne thousand other motives I should not count it a Soleâ—sâ—e but Truth to say That LIBERTY civill and spiritual were the GOOD old cause And however some may say that it was none of The Old cause to assert any proper Sovereignty in the people yet I must tell them that the vindications of the Parliament against the papers of the King then in being shew us that such a Sovereignety was presupposed and if it were not the old cause it was the foundation thereof and avowed for such those rights and liberties of the people the maintenance of which occasioned the warre had not been the voluntary concessions of Kings but either of Usurpers or enforced from such as did not usurpe in person though in deed their whole succession was but a continued usurpation If the Soveraignty were elsewhere stated it was onely the executive part which is but an improper Soveraignty the Legislative paramount Authourity and concernes of the people had been long before avowed by Lawyers and Divines of the chiefest rank If it was none of the cause of our warre to change the Constitution of the Common-wealth into any other forme then we found it in I answer that that needed not to be since the forme
to the nullifying of Government and therefore it is said four times over in the Judges chap. 17. v. 6. chap. 18. v. 1. chap. 19. v. 1. chap. 21. v. 25. That in those dayes there was no King in Israel and twice it is added but every man did what is right in his own eyes as if there had been no Government at all There is no such insinuation in the Text at all nor is the Defect of a King in Israel more true where it is expressed then where it is not throughout the Book of Judges What if it had been said in the dayes of Joshuah there was no King in Israel Or in the dayes of Gideon when the people desired him to be King over them Judg. 8.22 23. The men of Israel said unto Gideon rule thou over us both thou and thy sonne and thy sons son also for thou hast delivered us from the hand of Midian And Gideon said unto them I will not rule over you neither shall my son rule over you the Lord shall rule over you Those dull Israelites were not sensible of the confusion which they did live in nor did Gideon perceive it They did offer him the Kingdom because he had delivered them out of the hands of the Midianites the inducement is Gratitude and none of Mr. Baxters difficulties He refuseth the Kingdom because that in those dayes when there should be no King in Israel and every man should do what was right in his own eyes then the Lord should rule over them This very passage together with that of God to Samuel in the like circumstances 1 Sam. 8.7 They have not rejected thee but they have rejected me that I should not reign over them These places are a sufficient confutation of what Master Baxter addes to the Text. But let any judge if it be more for the dispraise of a Republike that without any further addition it is said in those dayes there was no King in Israel then to Monarchy after that in those dayes reigned King David or in those dayes there was no King in Israel but every man did that which was right in his own eyes and afterwards there ruled Jeroboam who made Israel to sin Another of Master Baxters arguments is p. 90. Thes 82. Nothing more incident to corrupted nature than self-love to blinde men and every man to be partiall in his own cause now it is the people that are to be governed judged punished c. and therefore how likely are they by partiality to themselves to make the Government next to none I answer that Mr. Baxter p. 102. Thes 99. objecteth against a Democracy that it is the worst because it will exercise the greatest cruelties which though it be false yet is a charge inconsistent with that of partiality Secondly this objection is either ill framed or it is destructive to all Government for in all Governments some must be Judges in their own Case and this Exception is non-sense The Question is whether seeing Arbitrary power or a power to judge in ones own case must reside somewhere where then is it best fixed I suppose in the people and that it is as impossible for a Democracy to be partial as for one upon a hundred Dice to cast as many or fifty one aces which is a security infinitely greater than what Mr. Baxters one Die will afford us And this is security enough against what Mr. Baxter urges p. 93. That the Laws cannot hold a Democracy from abrogating Christianity I answer no not if they will but if it be once prevalent you have a pretty good security a moral Impossibility that it should ever be exterminated What may happen under a Monarchy the narrations of Japan besides the actings of Jeroboam Nebuchadnezzar and others will testifie but it is evident that no Common-wealth permits the Inquisition and Christianity was much more easily planted in Common-wealths for the Jewes after the Captivity however they had the name of Kings sometimes among them were a kinde of one or an Aristocracy as Josephus tells us and when but a few made up all Christendome with how much difficulty was our Saviour put to death Whereas Mr Baxter saith further p. 93 94. that he is a Fungus and not a man that knoweth not by experience how easily bad men can make good Laws to be a nose of Waxe This saying doth not become a Divine who disavowe it in the Scripture which being a law without an Authenticall publick interpreter is avowed to lye under no such inconveniences In a Republick where there is an appeal to the people it is Morally impossible it should be so we ought not to think it so easy to delude a multitude as a few nor ought we to vouch the experience of corrupt Officers under a Monarchy for other experience no man in England of his own knowledg can alledge to the like issues under a Republick where these and all other difficulties are prevented neither can the maleconstitution of Rome whence proceeded all it's defaults prejudice Mr. Harrington's Oceana where all are remedied and this is a sufficient reply to all those arguments from inconveniencies which Mr. Baxter brings they being all Ignoratio elenchi But who would not laugh at the following Sophisms in the Kederminster disputant such as I have scarce heard from fresh-men here p. 95. Thes 88. Democracy is furthest from Unity and therefore furthest from perfection and therefore the most imperfect sort of Government O Malvezzi how hast thou exploded this argument in thy discourses upon Tacitus as if it were an unity of persons and not unanimity which made a Government perfect That unity is the companion of perfection and division departeth from it as it doth from unity is commonly acknowledged which caused the Pythagoreans to curse the number of Two because it was the first that presumed to depart from unity Is not this a fine argument for a Theologue Doth not it overthrow the Trinity as well as a Common-wealth Was it not a simplicity in the Pythagoreans if they were so absurd as Mr. Baxter makes them which they were not but he understands neither them nor Greek to attribute Presumption to things destitute of understanding and to curse Arithmetick because a man might mis-tell his Money or the like This is a sallacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They who cursed two would not have admitted three to bear witness in Heaven and if two were such an execrable division how is it that God having made one man did not think it meet he should be alone Thes 8.9 ' That is the most imperfect Government which departeth farthest from the divine universal Form but so doth popular Government For the universal kingdom hath but one King This is a pretty Topick and such as Bellarmine and the Papists make use of to prove that there ought to be one Pope head of the Church Let the world judge whose cause Mr. Baxter pleads and what contumelies might be fastned on him It
is not the Unity of a Governour in person that makes a Common-wealth resemble God for Aristotle and he is of more credit than Pythagoras saith that to be ruled by Laws is to be ruled by God but to be ruled by a Man is to be ruled by a Bruite But further there is as little consequence in the Argument as distance betwixt Heaven and Earth Where there is a disparity in the ruled there must be no parity of rulers but in Mankinde there is no disparity all are equally free none are born Subjects or Rulers and to make a Monarchy best you must introduce such a disparity as that one may transcend as God for if many excell an Aristocracy or Democracy is best His other arguments from Angelical Natures and the government used by nature in man are no lesse ridiculous I wonder how he missed that of Crowes Bees c. That Government is best which is most suited to the nature of man now that varies according to circumstances as Mr. Baxter acknowledges How ignorantly done was it then by Mr. Baxter to bring such arguments as either prove Monarchy alwaves best or not at all for it will still be true that the Universal kingdom hath but one King without the danger of succession for a worse and without hazard of tumults c. but it is not so in Mankinde These Objections and the like concern not only the Independents to answer but Presbyterians for they prove against an Aristocracie in Church as well as State though Mr. Baxter cannot prove that the Government of the Church was or ought to be Monarchical but popular and if it had onely been for the name sake he should have declined the mention of the Church which is Ecclesia and what non-sense is it for him to argue p. 97. As Christ himself is the Monarch a King of his Church and the One head of his body so did he settle in every particular Church those Bishops Presbyters or Pastors whom he hath commanded the people to obey as Ruâ—ers The comparison is nought as Christ is the one head to one body so he hath subjected the people too in his Church to many heads I desire that Mr. Baxter would evince that Christ did settle in every particular Church Bishops and that the Order of Grace did so farre overthrowe the Order of Nature that the people should be the origine of the one power as I do now suppose and not of the other Sure I am that Embassadours to a people are not thereby rulers over a people His arguments from the want of Secrecy c. have been refuted by the contrary experience as well of reason in Malvezzi Boccalini and others so that I may well think that Mr. Baxter took us for a Common-wealth of Bees and therefore instead of solid Reasonings and a coherent Republick he thought to dissipate us by casting dust into the Air. I intended to have said more against that Book of his but finding my self now under a more necessary diversion then that work would be I hope I may be excused till another time Whether the Civil Magistrate hath any power in things of Spiritual concernment THough it seem that this Question may be easily decided out of a consideration of the very Terms themselves things Civil and Spiritual being of a different nature and not subordinate so as he who is deputed to administer the former is not thereby impowered to entermeddle with the latter any way the Appellation of Civil Magistrate no less determines the Object and extent of his power than the contrary Title of Spiritual Lord would restrain him that should be so constituted from any jurisdiction in Temporals or a Commission for N. N. to be Admiral at Sea limits his command so as he hath no rule upon Land But since the Implication of the Terms is not convincing enough with them who are either resolved or interested otherwise I shall make a brief inquiry into the rise and originall of Magistracy and the limitation of such power Magistracy it is the exercise of a Morall power one of these is the root and measure of the other which if it exceed it becomes exorbitant and is no longer Magistracy but a corruption thereof Almighty God hath so ordered the affaires of this world that Man partly thorough his own inclinations partly out of a sense of his necessityes not otherwise relieveable then by mutuall assistance is become naturally Sociable and Society as man is corrupted by Adams fall cannot be upheld and preserved but by the deputation of some that may make it their principal business to attend unto the good of the community and securing of each individuall in such rights as they respectively shall agree upon towards each other and for the executing of which trust they do mutually promise amongst themselves and to their Governour or Governours that they will be assistant unto him or them with their utmost power From Gods having so disposed of things Magistracy is called Gods ordinance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the Conscience hereof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or apprehension that man hath of such sociable inclinations in him as often as he diligently consults his own thoughts is the reason of our subjection to Magistracy as well as that other of wrath and dangers likely to ensue upon any disobedience Rom. 13. v. 2.5 As to the severall kinds of Magistracy noâ— Higher and Subordinate but Supream viz. Monarchy Aristocracy and Democracy they likewise are commonly Gods ordinance by the former claim of his disposing mens hearts and other extrinsque and internall circumstances so as they embrace this or that form That the East is generally affected to and ruled by an absolute Monarchy whilst the West and North admit only of a Republique or such a mixture as however their Governours may be called Kings yet are they not Monarchs Sometimes God more immediately constituteth this or that particular forme of Government as first a Common-wealth in Israel and after that â—s his wrath a Monarchy God hath no where in his word determined what is the power of the Magistrate how farr it extends it self what will be the practise of Kings and so certainly their practise that they challenge it for their right we may read 1 Sam. 8. v. 11. c. But their Duty may equitably be drawn from Deuter. 17.19 He whom God should choose and the people set over them was to rule according to Nationall Lawes now Lawes cannot be universall but must be through the prudence of the Legislator accomodated to the particular circumstances in which any people is Where the word of a King is there is power and who may say unto him what doest thou These and such like Texts oblige not but such as are under Monarchs The justitia of Arragon may notwithstanding them resist the King of Spain and our Parliaments controule his Majesty The People are the Efficient cause of Magistracy and from them is all true power derived