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A80850 Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again. Cartwright, Thomas, 1535-1603.; Cartwright, Thomas, 1634-1689, attributed name. 1648 (1648) Wing C700; Thomason E423_19; ESTC R204533 11,812 17

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ever executed upon the wicked 4. Besides all this seeing this curse was annexed not only to the breach of the Morall Law but also of the Ceremoniall and Judiciall there is no just cause why the Morall Law should be said to be abrogated Secondly it followeth hereupon That those Judiciall Laws of Moses which are meerly Politck and without all mixture of Ceremonies must remain as those which hinder not the Attonement of Jews and Gentiles with God or of one of them with another Besides this It being manifest that our Saviour Christ came not to dissolve any good Government of Common-wealth he can least of all be thought to come to destroy that which himselfe had established Of this Point Dr. W. hath two contrary sentences one of Musculus which saith that the Judiciall Law is abrogate the other of Beza which is That the Judiciall Law being given to the Jewes is not yet abrogate so that if they had any estate of Common-wealth in the Land of Canaan they should be constrained to use that forme of Government which was given to them by Moses Now albeit those Lawes given unto the Jews for that Land doe not bind the Gentiles in other Lands forsomuch as the diversity of the dispositions of the people and state of that Country gave occasion of some Laws there which would not have been in other places yet forasmuch as there is in those Laws a constant and everlasting Equity whereupon they were grounded 2. And the same perfecter and further from errour then the forge of mans reason which is even in this behalfe shrewdly wounded is able to devise It followeth that even in making Politick Laws for the Common-wealth Christian Magistrates ought to propound unto themselves those Laws and in light of their Equity by a just proportion of circumstances of person place c. to frame them Now to prove this truth That the equitie of the Iudiciall Law remaineth not as a counsail which men may follow if they list and leave at their pleasure but as a Law whereto they be bound I shall prove by an Argument taken from that of the Apostle in 1 Cor 9. where after he had alleaged divers similitudes fetcht from the common use of men to prove that a Minister of the Gospel ought to be maintained upon the Churches charge least it might be objected that these were but humane reasons he citeth one of the Judiciall Laws as the eternall Law of God Deut. 25. 4. Thou shalt not muzzell the mouth c. Where it is manifest that he doubteth not to bind the Conscience of the Corinths unto the equity of that Law which was Judiciall and so urgeth it ver. 10. Likewise of the finding of the Priests in the service of the Altar commanded in the Law he concludeth That those which preach the Gospel should live of it And this maintenance of the Priest albeit in the manner of the provision it was meerly Ceremoniall yet as it was a reward of their service due by men as the punishments also if they had failed in their duties was meer Judiciall Whereupon it followeth that in those Judicialls to all the circumstances whereof we are not bound we are yet bound to the Equity of them It remaineth to shew that there are certain Judiciall Lawes which cannot be changed as that a Blasphemer contemptuous and stubborn Idolater c. ought to be put to death They which would have this left at liberty have nothing to alledge to colour their loosenesse but the coming of Christ and his passion but they do not see how this their arguing faultreth divers wayes For 1. It is a childish error to think that our Saviour Christ came to exempt men from corporall death which the Law casteth upon evill doers when as he came not to deliver from death which is the parting of the body from the soule but from that which is the separation both of body and soul from the gracious presence of the Lord And if it were so that our Saviour Christ had born in his Body this civill punishment of publike offenders it must thereupon follow not that it is in the liberty of the Magistrate to put them to de●th but that he must will he nill he if they repent keep them alive For if our Saviour hath answered that justice of God in his Law whereby he hath commanded that such malefactors should be put to death it should be great injustice to require that again in the life of the offender 2. Againe this opinion is injurious to the death of Christ for if he were for this cause made manifest in the slesh that he might destroy sin which is the work of the Devill 1 Ioh. 3. 8. this imagination of a liberty left to the Magistrate whether he will put them to death or not doth make Christ build againe that kingdome of sin which he hath destroyed For when both in common reason and by the manifest word of God the Lord giveth this blessing unto the punishment of such grievous offenders by death that others not only which see but also which heare of them have the bridle of feare put upon them whereby they are with-holden from the like crimes it must needs follow that whosoever maketh our Saviour Christ author of this loosenesse in not punishing such offenders maketh him forthwith to loose the bridle whereby others are stayed from throwing themselves down the hill of wickednesse which was before committed And what is if this be not to make our Saviour Christ a troubler of common-wealths Moreover if our Saviour Christ by his coming loosed these civill punishments and purchased this grace of his Father for blasphemers c. that if they could find favour in the eyes of the Magistrate they might escape the hands of death which the Law of God adjudgeth them unto How commeth it to passe that the Apostles to whom the Lord committed the publishing of all that pardon which he obtained for us did never make mention of the slaking of these punishments If our Saviour Christ had obtained this liberty it was worthy the preaching and therefore unlesse D. W. can shew something out of the writings of the Apostles to warrant this Sanctuary which he would so faine build to the support of blasphemers murderers c. it followeth that the Apostles by his saying have not answered the trust committed unto them But if all godly minds doe abhorre these absurdities there is no cause why they should like of this corruption of the Doctor whereupon all these depend Nay in that the Apostle putteth a sword in the hand of the Magistrate and in the use of it maketh him a Minister and servant of the vengeance and justice of the Lord against sinne He striketh through this opinion which imagineth that our Saviour Christ came to hang the sword of the Lords justice upon the pleasure and will of man For the Magistrate being the Lords Officer as