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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

end of the earth even unto the other end of the earth thou shalt not consent unto him nor hearken unto him neither shall thine eye pitty him neither shalt thou spare nor shalt thou conceal him but thou shalt surely kill him thine hand shall be first upon him to put him to death and afterwards the hand of all the people And thou shall stone him with stones that he dye because he hath sought to thrust thee away from the Lord thy God which brought thee out of the land of Egypt from the house of bondage And all Israell shall hear and fear and shall do no more any such wickedness as this is among you If thou shalt hear say in one of thy Cityes which the Lord thy God hath given thee to dwell there saying certain men the Children of Belial are gone out from among you and have withdrawn the inhabitants of their City saying let us go and serve other Gods which you have not known then shalt thou enquire and make search and ask diligently and behold if it be truth and the thing certain that such abomination is wrought among you thou shalt surely smite the inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the Cattell thereof with the edge of the sword and thou shalt gather all the spoile of it into the middest of the street thereof and shalt burne with fire the City and all the spoile thereof every whit for the Lord thy God and it shall be an heap for ever it shall not be built again and there shall cleave nought of the accursed thing to thy hand that the Lord may turne from the fiercenesse of his anger and shew thee mercy and have compassion upon thee as he hath sworn unto thy Fathers And again in the same book ch 17. v. 2. c. If there be found among you within any of thy gates which the Lord thy God giveth thee man or woman that hath wrought wickednesse in the sight of the Lord thy God in transgressing his covenant and hath gone and served other Gods and worshipped them either the Sun or Moon or any of the host of heaven which I have not commanded and if it be told thee thou hast heard of it and enquired diligently and behold it be true and the thing certain that such abomination is wrought in Israell then shalt thou bring forth that man or that woman which have committed that wicked thing unto thy gates even that man or that woman and shalt stone them with stones till they dye Against the Blasphemer there is this law commanded Levit. 24. v. 15 16. Whosoever curseth his God shall bear his sin and he that blasphemeth the name of the Lord he shall surely be put to death and all the congregation shall certainly stone him as well the stranger as he that is borne in the land when he blasphemeth the name of the Lord shall be put to death For the explanation of these texts I shall observe what is the opinion of the Jewish Rabbies and what hath been the practise of that Nation They divide the world into two parts the sons of Noah and themselves to themselves they say the Law promulgated in the Books of Moses was given to the residue of man-kind whom they call the sons of Noah they say that they are not obliged to the law of Moses but to seven precepts given to Noah but whether such precepts were actually given or onely imprinted in the Souls of all men at their originall is disputed amongst them Hereby they are said to have been commanded to have abstained from Idolatry from blasphemy or cursing the holy name of God from murther from adultery and incest from theft and that they should erect a Polity or Magistracy for the keeping inviolably these precepts The last which they suppose to have been given to Noah as the former were even to Adam that they should not eat the members of any creature which had been cut off from it whilest it was yet living These are commandements which they say were given to all man kind and to the observation whereof they were so obliged hereunto that they could nor without 〈◊〉 violate them Yet however the Nations were obliged hereunto yet did God establish no paramount judge over them so that any true believers or peculiar Nations or people should have it in charge to prohibit or destroy them in their transgressions or demolish their Idolls This is clear from the account we have of things from the beginning unto the erecting of the Israelitish polity for Abraham in his pilgrimage conversed with Idolaters and did not destroy them or attempt it or disoblige them in discourse or deportment though what he might have done that way especially in conjunction with Melchizedech King of Salem be evident from his atchievements in the behalf of Lot against the four Kings Gen. 14. and from the respect paid him by the Sons of Heth before whom he used much addresse bowing himself Hear us my Lord thou art a mighty prince among us or a Prince of God things that excell being in an Hebrars● said to be of God Gen. 23.6 So for Lot dwe●ing in Sodome however God might destroy them yet that righteous man dwelling among them in seeing and hearing vexed his righteous soul from day to day with their unlawfull deeds 2. Pet. 2.7 8. Yet that he vexed them or provoked them by imbittering censures c. I find no mention in sacred writ So Jacob lived with Laban an Idolater and marryed his daughter being then and continuing after an Idolatresse yet did not he molest Laban in his worship as may be gathered from the Text for if Laban so fiercely pursued him for those Idols which Rachell had carried away we may be certain that he would not have so friendly before agreed with him if he had gone violently to demolish them So the Children of Israel being in Egypt and multiplying there in a land full of Idolatry I do not find any contest emerging about their different worships After that the Israelites were come out of Egypt and that God modelled that people into a Common-wealth they had this law given them Exod. 22.20 He that sacrificeth to any God save unto the Lord onely he shall be utterly destroyed or become an Anathema of which law the meaning is not universall but to be understood of the Jewes and amongst the Jewes For it was not ever extended to the Gentiles living separate from the Jews for the Israelites were not hereby obliged to destroy all their Neighbours that were Idolaters they never practised such a thing nor is the omission thereof laid to their charge They were to be left to the judgment of God who in the event and finall issue would cut them off and destroy them The Law in it's letter and as farr as man had power to execute it was limited to the seven Nations which God had given to

2.14 15. so it is said of the believers whom God makes partakers of an higher dispensation they were borne not of blood nor of the will of the flesh nor of the will of man but of God Joh. 1.13 That God requires it not of them that they should all equally advantage themselves but that he should gain much who hath received much Thus in the parable aforesaid After a long time the Lord of those servants cometh and reckoneth with them And so he that had received five talents came and trought other five talents saying Lord thou deliveredst unto me five talents behold I have gained besides them five talents moe His Lord said unto him well done thou good and faithfull servant thou hast been FAITHIVLL over a few things I will make the ruler over many things enter thou into the joy of thy Lord And he who had received two talents and therewith gained other two even he received the same elogy of a good and faithfull servant But he who had received onely one when he brought it without usury proportionate is called wicked and slothfull and unprofitable Matth. 2● v. 19. c. These severall sorts of men may be differenced into men of a naturall Legall and evang●licall conscience or into Carnall Animall or naturall as our English reads it 1 Cor. 2.14 and spirituall To any of which it may be said what hast thou that thou didst not receive And all these are legitimate inhabitants of the earth and have a right to possesse it and to institute goverments and Magistrates and so to dispose of their liberty Not the one nor the other is to be extirpated The earth hath he given to the children of men Ps 125. v. 16. and 1. Cor. 5. v. 9 10. c. I wrote unto you in an Epistle not to company with fornicators yet not altogether with the fornicators of this world or with the covetous or extortioners or with idolaters for then must ye needs go out of the World But now I have written unto you not to keep company if any man that is called a BROTHER be a fornicator or covetous or an idolater or a railer or a drunkard or an extortioner with such a one no not to eat For what have I to do to judge them that are without do not ye judge them that are within But them that are without God judgeth Therefore put away from among YOVR SELVES that wicked person For them which are wi●hout the Church of God with them he tells the Corinthians they are not to keep a perfect society yet are they not altogether to decline their company not that upon this ground Christians might exterminate them but because such a subterfuge of their company is not consistent with the ordinary posture of affairs in the World To effect that the Christians not the Heathens though fornicators extortioners and idolaters must go out of the World And the reason is added because Christians the most spiritual-minded and discerning Christians even Paul an Apostle not of men nor by man but by Jesus Christ and God the Father who raised him from the dead he hath nothing to do to judge them that are without Put it any man hath associated himself unto any particular Church submitted himself to Church-walking such a one may be put out from amongst the brotherhood not banished a city or nation or imprisoned though he be a fornicator covetous or idolater c. for such his deportment not Christianity but the light of nature is a rule to condemn him and the laws established by consent must punish him These men thus differenced in qualifications having all a Right to provide for their own safety and having been so far from prejudicing that they have assisted each other in the defense of their naturall liberty yea and the two of meaner endowments have promised and declared to protect the third and highest degree of the Kingdom of Christ in their spiritual walkings and faith in our Lord Jesus can no way be supposed to forfeit their share in the constituting of our governors or being protected by them in those ways unto which the light that enlightneth all that come into the World in a greater or lesse measure shall direct them Men embody under Magistrates for upholding civill commerce but they gather into Churches to maintain a spirituall communion These all agreeing in the one-talent distribution which leads them to civil government with punishments for such as offend against it and to the acknowledgement of one God that he is that that he is a rewarder of such as diligently seeke him may set up a Magi●irate to all ends and purposes which have a subserviency to their common good according to that generall way wherein they all agree But as to their particular sentiments arising from different illuminations and prejudices from education c. in reference to them they cannot assent further then a mutuall Toleration The things agitated are of a spirituall nature and spiritually to be discerned so that the animall or naturall man cannot receive them under any other esteem than that of Folly 1 Cor. 2.14 what entertainment then will their proposall finde with them who are fleshly-minded John 3. v. 27. A man can receive nothing except it be given him from Heaven So Matth. 13. v. 11. To you it is given to know the mysteryes of the Kingdome of Heaven but to them it is not given And John 6. v. 65. No man can come to me except it were given to him of my Father If then two parts of three cannot receive understand nor judge of Spirituall things or if they do their judgement is of no more validity then what men of distempered organs say about sensuall objects How is it possible for them to conferre a power on their Magistrate to countenance promote and uphold they know not what or what they in their apprehensions know to be foolishness How can any such act be expected or desired at their hands since he that hath no conscience but to promote an unknown Truth will have none to condemn a known one They who can imagine such a collated power must suppose such men to be most of them fooles in Actions of the greatest and most publique import Nor is it onely Morally unpossible but unlawfull for men so qualifyed to impower any Man or Men unto a Magistracy to judge of Spirituall matters and punish those who dissent from him and such as are not of his minde by death banishment fires imprisonment or incapacity for publique charges For such power cannot be collated in faith now whatsoever is not of faith is sin Rom. 14.23 It were ridiculous to think they can ever agree that should be enacted and pressed as a Savour of life unto life which is to them hidden and unsavoury or a savour of death unto death How can the practicall judgement of man determine of such a thing that it ought to be done when in it's previous acts it looketh

his Annotations When Valentinian and Valens began to reign Maximus and Priscus the two Philosophers were impeached before them and the former was fined and banished into Asia for a Magician not Pagan and the latter was dismissed honourably Eunap in vit Maximi p. 97. yet Kharchus an Heathen being Governour of Asia after did free Maximus and reconcile him to the Emperor Ibid. p. 102. Valentinian in the beginning of this reign being willing to suppress all Sorcery and Witchcraft enacted that no rites of sacred worship should be performed by night which Law is recorded in the Code of Theodosius Tit. de Malefic cap. 7. but when Praetextatus Pro-Consul of Achaia had freely certified Valentinian how that law would ensnare all of the Greek perswasion that is Pagans and deprive them of their lives if they should under so strict penalty be prohibited the practise of their most chaste rites and adorations Valentinian did permit that the Greeks which is a common name for all Heathens should retain the worship of their Ancestours as Zosimus recordeth it in the beginning of his fourth book Which Decree of his is not now to be found which I desire may be observed in opposition to those who imagine that our Codes and collections of old Laws are more faithful then the Volume of Decretals but mention thereof is made Cod. Th. lege 9. de Malefic for so the Emperour Valentinian writes to the Senate I think or judge that Augury hath no affinity with Witchcraft Haruspicinam ego nullum cum maleficiorum causis habere commercium iu lico neque ipsam aut aliam praeterca concessam a maioribus RELIGIONEM genus esse arb●tror CRIMINIS Testes sunt leges a me in exordio imperii m●● datae quibus VNICUIQVE quod animo imbibisset colendi libera facultas tributa eft Cod. Theod. l. 9. tir 16. l. 9. nor do I esteem of that or any other RELIGION tolerated by my Ancestours as criminal Hereunto the Laws bear me witness which I made in the beginning of my reign whereby I gave liberty to every man to worship accordingly as he thinks meet The same is recorded by Symmachus ep l. 10. ep 54. and Ambrose in his Oration concerning the death of Valentinian as also in his 30 Letter to Valentinian concerning the Altar of Victory It was to this Orthodox Valentinian together with Theodosius and Arcadius that Symmachus did write the Letter aforesaid in the behalf if not of all yet of a great part of the Romane Senate as Ambrose confesses in his reply thereto that they might continue in Paganism I shall instance in some passages as shew what a Toleration was then and had been before allowed to different Religions Speaking of the Emperours he saith Preximus corum ceremonias patrum coluit recenti●r non removit Merito Divi Constantii factum diu non stetit Omniavobis exempla vitanda sunt quae mox remota didicistis Accipiat aeternitas vestra alia ciusdem princ●pi● sacta quae in usum diguius trabat Nil ille decerpsit sacrarum Virginum privilegiis decrevit nob l●bu● sacerd●tia Romanis ceremoniis non negavit impensas per omnes vias aeternae u●bis laetum secutus Senatum vidit plac●do ore delubra legi● in cripta fastigns Deum nomina percunctatus est Templorum origines mira●us est conditores Cumque alias religiones ipse sequeretur has servavit imperio the former professed Heathenism and the later did not abolish it And speaking of the Emperor Constantius how he removed the Altar of Victory from the Senate-House he addes That Act of Constantius was of no long continuance such examples are not to be followed as have been instantly abrogated There are other acts of his more presidential he did not diminish the priviledges of the Vestals he preferred the Nobless to the Sacerdotal dignity he did not refuse to defray the charges of the Roman solemnities and going round the citie with the Romane Senate he was not displeased with the sight of the Temples and Statues he read the inscriptions of the gods enquired about them and being himself of one religion he allowed the Empire another By the way I am to observe that not only Ambrose and Gregory Nazianzen but the Orthodox Emperour Valentinian were not baptized till they were much elder than is the custom in our time to say nothing of Constantine who whether he were baptized or not is uncertain so for Constantius the first was not baptized till he was to be made Bishop of Millain the second not till he was pretty aged Theod●sius was not baptized till after he was Emperour although he were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sozomen hist eceles l. 7. c. 4. and the last having sent for Ambrose to baptize him dyed before he received that Sacrament as Ambrose relates in his funeral Oration upon Valentinians death Nor doth Ambrose in his reply deny the truth of such a Toleration being granted but addes further that at that very time in which he writ That the Christian Clergie had not the priviledge of common inheriting by the Laws in being yet did not they complain they were not capable of Legacies Quod sacerdotibus phani legaverit Christiana vidua valet quod ministris Dei non valet quod ego non ut querar sed ut sciant quid non querar comprehendi The same man grants that though the lands were taken away from the Heathen Temples they were still capable of gifts and Legacies Nemo tamen do●aria delubris legata aruspicibus denegavit sola sublata sunt praedia c. He grants they had Idols every where he only desires the Senate whither Christians were to resort might be free Non illis satis sunt lavacra non porticus non plateae occupatae simulacris So that it is evident in Valentinians time there was a free Toleration by his means which extended to the dissenting Christians Arians c. no lesse then Heathen For Suidas tells us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He himself was a Christian and Orthodox yet did not injure those that dissented from him He made Valens his brother an Arian his Colleague and recalled the exiled Arians as well as Orthodox Cedren As for Valens if he inclined to the Arians he tolerated the Heathens Richemenes was a Pagan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet was he likely to be chosen Consul saith Libanius in his own life and Ammianas Marcellinus saith he was Comes Domesticorum to Valens and both those writers did live in those times He was also an assured friend of Theodosius the great Zozim lib. 4. It is of Valens that Themistius speaks in an Oration published in Latine by Dudithus You have decreed that every one should follow his own judgment in matters of Religion Sanxisti ut in colenda religione suo quisque uteretur judicio neve vel authoritate cujusquam vel minis ad aliam sententiam quam non probaret traduceretur

the Children of Israell for a possession Deut. 12.1 These are the statutes and the judgments which ye shall observe to do in the land which the Lord thy God giveth thee So Exod. 34.13 They should destroy all monuments of Idolatry in those dominions and this is the judgment of the Jewish Doctors as Mr. Selden reports them de jur natur l. 2. c. 2. It is commanded us that we destroy all forreign worship out of our land but beyond our precincts it is not commanded us that we should persecute and destroy it In case they made any additionall conquest that law did not reach them yet did they by an intervenient right as Mr. Selden phraseth it abolish and extripate Idolatry in such places viz. least it should become a snare unto them Amongst the Jewes there lived sundry other people called under the generall name of Strangers which as to matters of common equity had one and the same law or justice which an Israelite had such were the Gibeonites and the reliques of the Cananites that were undestroyed such were those which joyned with them when they came out of Egypt such were the Prosclytes or Strangers in the gate who were not Jewes but were all bound up say the Jewes to the seven precepts of Noah in such cases as an Israelite might be put to death they also might suffer the like punishment so that it being death for an Israelite to worship Idolls or tempt others thereunto it was in like manner punishable for any Stranger to attempt the like But it was also death for any Stranger not becoming absolutely a Proselyte to the law of Moses for to observe any part thereof as being his law It is also remarkable that the law of Noah regarding Idolatry was Negative and onely told them they were not to worship Idols Angels Sun and Moon and such Gods as were not the Lord Jehovah but as to the positive part we find nothing expressed that they were to do necessarily though voluntarily they might offer whole burnt-offerings by the Priest in the same Temple with the Iewes and they might pay their vowes and had a particular place in the Temple to pray in As for a City falling into Idolatry it was to be destroyed with the edge of the sword the spoile to be burned and all to be made an heap for ever But in reference to this extirpating Idolatrous Cityes I observe that it is not onely not extended beyond the limits of Israel if thou shalt hear say in one of the Cityes which Jehovah thy God giveth thee to dwell there but also that it doth seem not to have extended unto any City that should cast off the yoak of their government and separate into a new reiglement for I do not find any war made upon Jeroboam and the ten Tribes for their Apostacy and Idolatry though they be reproved for the same nor do I find that the Townes taken at any time from the ten Tribes by the two were used according to the law in debate But they seem as the Samaritans after them to be left unto God for to be cut off And indeed as to particular Idolatry to be practised within Judaea by the Strangers that none should come thither who should not professe a subjection to the precepts of Noah and so relinquish his Religion or intermit ●t doth hardly seem credible that it was performed when Hiram's Servants did work with Solomons Servants or came to congratulate him 1 Kings 5. or when the Queen of Shebah came to Jerusalem with a very great train 1 Kin. 10. Or as often as any Embassadours came from forreign countreys to the upright Kings of Judah after the Captivity and their return from thence will any one think that Alexander the great when he and his army came to Ierusalem that they became Proselytes to the commandements of Noah or that the Romans did intermit their worship which was to be performed daily or particularly at the marching of the Army all the while they were in Iury Or that all those Nations recounted in the Acts 2. v. 9 10 11. had renounced their native Religion Yet is not that Toleration condemned by the Apostles as neither had it been by Christ who was able by a grant of Angelical legions to effect what possibly it may be replyed the others could not As for that other text respecting Blasphemy Levit. 24. v. 15 16. Any man when be shall curse his God then he shall bear his sin And he that b●asphemeth the name of Jehovah shall surely be put to death and all the congregation stoning shall stone him as well the Stranger as the Home-borne when he blasphemeth the name shall be put to death The Jewes observe that it is not said in the Originall he that blasphemeth From hence the Jewes became so superstitious as not to think it lawfull to name the sacred name therefore called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo thus recordeth the law Ei 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de vita Mosis l. 3. but he that nameth and that not generally God but the name Jehovah 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and they further remark that the Son of Selomith did curse the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and though they confesse that the law against blasphemy comprise both Iewes and Strangers living amongst them for it is not conceivable how it extended any further then their particular polity so as to oblige the Jewes at Alexandria to execute the law upon any gentile there or in the captivtiy yet the extent of the violation thereof was so little that the blasphemer must have expressed the name Jehovah The words of the Thalmudists are as Mr. Selden cites them de jur natur l. 2. c. 12. he is not to dye if he expresse not the sacred name no not though he blaspheme or curse any sacred attribute Reus mortis non est nisi qui expresserit ipsum nomen neutiquam vevò qui cognomini maledixerit But notwithstanding this and much more to this purpose which is to be seen in Mr. Selden it seems evident from the condemnation of our Saviour in the Gospell that in his dayes blasphemy was extended beyond the mention of that sacred name of the true pronunciation whereof we are now totally ignorant and so incapable of that blasphemy unto the attributes of God For Caiphas saith Matth. 26.63 c I adjure ther by the living God that thou tell us whether thou be the Christ the Son of God Jesus said untohim thou hast said neverthelesse I say unto you hereafter shall you see the Son of man sitting on the right hand of power and coming in the cloudes of heaven Then the High-Priest rent his cloathes saying he hath spoken blasphemy what further need have we of witnesses behold now ye have heard his blasphemy what think ye They answered and said he is guilty of death Or as Marke c. 14. v. 64. hath it And they all condemned him to be guilty of death In