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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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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 Ru●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 no● 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 ●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
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