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death_n	day_n	lord_n	sabbath_n	4,018	5	9.9916	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86280	Certamen epistolare, or, The letter-combate. Managed by Peter Heylyn, D.D. with 1. Mr. Baxter of Kederminster. 2. Dr. Barnard of Grays-Inne. 3. Mr. Hickman of Mag. C. Oxon. And 4. J.H. of the city of Westminster Esq; With 5. An appendix to the same, in answer to some passages in Mr. Fullers late Appeal.	Heylyn, Peter, 1600-1662.; Baxter, Richard, 1615-1691.; Bernard, Nicholas, d. 1661.; Hickman, Henry, d. 1692.; Harrington, James, 1611-1677.	1659 (1659)	Wing H1687; Thomason E1722_1; ESTC R202410	239,292	425

John Popham Lord Chief Justice at the Assizes held at Bury and thereunto I subjoyned these words viz. Good remedies indeed had they been soon enough applied yet not so good as those which formerly were applied to Thacker and his fellow Copping in the aforesaid Town of Bury for publishing the Books of Brown against the Service of the Church But here is no mention not a syllable of burning the said Books of Sabbath-Doctrines but only of suppressing and calling in Which makes me apt enough to think that you intended that for a private nip relating to a Book of mine called Respondit Petrus which was publiquely voyced abroad to have been publiquely burnt in London as indeed the burning of it was severely prosecuted though itscaped the fire a full account whereof being too long to be inserted in this place I may perhaps present you with in a place by it self And secondly what find you in that latter passage which argueth me to be guilty of such bloody desires as I stand accused for in your Letter Cannot a man report the passages of former times and by comparing two remedies for the same disease prefer the one before the other as the case then stood when the spirit of sedition moved in all parts of the Realm but he must be accused of such bloody desires for makeing that comparison in a time of quietness in a time of such a general calm that there was no fear of any such tempest in the State as did after follow If this can prove me guilty of such bloody desires the best is that I stand not single but have a second to stand by me of your own perswasion for in the same page where you find that passage viz. page 254. you cannot chuse but find the story of a Sermon Preached in my hearing at Sergeants Inn in Fleetstreet in which the Preacher broach'd this Doctrine That temporal death was at this day to be inflicted by the Law of God on the Sabbath breaker on him who on the Lord's day did the works of his daily calling with a grave application to my Masters of the Law that if they did their ordinary works on the Sabbath day in taking fees and giving counsel they should consider what they did deserve by the Law of God The man that Preached this was Father Foxly Lecturer of S. Martins in the Fields Superintendent general of the Lecturers in S. Antholin's Church and Legate à Latere from the Grandees residing at London to their friends and agents in the Countrey who having brought these learned Lawyers to the top of the Ladder thought it a high piece of mercy not to turn them off but there to leave them either to look after a Reprieve or sue out their Pardon This Doctrine you approve in him for you have passed it quietly over qui tacet consentire videtur as the saying is without taking any notice of it or exceptions against it and consequently may be thought to allow all those bloody uses also which either a blind superstition or a fiery zeal shall think fit to raise But on the other side you find such bloody desires in the passages before remembred which cannot possibly be found in them but by such a gloss as must pervert my meaning and corrupt my text and it is Male dicta glossa quâ corrumpit textum as the old Civilians have informed us 20. But to come nearer to your self May we be sure that no such bloody desires may be found in you as to the taking away of life in whom we find such merciless resolutions as to the taking away of the livelyhood of your Christian Brethren The life of man consists not only in the union of the soul and body but in the enjoyment of those comforts which make life valued for a blessing for Vita non est vivere sed valere as they use to say there is as well a civil as a natural death as when a man is said to be dead in law dead to the world dead to all hopes of bettering his condition for the time to come and though it be a most divine truth that the life is more then food and the body then rayment yet when a man is plundered both of food and cloathing and declared void of all capacities of acquiring more will not the sence of hunger and the shame of nakedness be far more irksome to him then a thousand deaths How far the chiefs of your party have been guilty of these civil slaughters appears by the sequestring of some thousands of the Conformable and Established Clergy from their means and maintainance without form of Law who if they had done any thing against the Canons of the Church or the Laws of the Land were to be judged according to those Laws and Canons against which they had so much transgressed but suffering as they did without Law or against the Law or by a Law made after the fact a●ainst which last his Highness the late LORD PROTECTOR complaineth in his Speech made in the year 1654. they may be truly said to have suffered as Innocents and to be made Confessors and Martyrs against their wills Either they must be guilty or not guilty of the crimes objected If they were guilty and found so by the Grand Inquest why were they not convicted and deprived in due form of Law If not why were they suspended sine die the profits of their Churches sequestered from them and a Vote passed for rendring them uncapable of being restored again to their former Benefices Of this if you do not know the reason give me leave to tell you The Presbyterians out of Holland the Independents from New England the beggerly Scots and many Tr●n ch●r-Chaplains amongst our selves were drawn together like so many Vultures to seek after a prey for gratifying of whom the regular and established Clergy must be turned out of their Benefices that every Bird of r pine might have its nest some of them two or three for failing which holding by no other Tenure then as Tenants at will they were necessitated to performe such services as their great Patrons from time to time required of them 21. Now for your part how far you are and have been guilty of these civil slaughters appears abundantly in the Preface which is now before us in which you do not only justifie the sequestring of so many of the regular and established Clergy to the undoing of themselves and their several families but openly profess That you take it to be one of the charitablest works you can do to help to cast out a bad Minister and to get a better in the place so that you prefer it as a work of mercy before much sacrifice Which that it may be done with the better colour you must first murther them in their fame then destroy them in their fortunes reproaching them with the Atributes of utterly insufficient ungodly unfaithful scandalous or that do more harm then good

no other issue could be expected then the curse of God in making a perpetual rent and destruction in the whole body of the state pag. 39. was not because they were so in and of themselves but for other Reasons which our great Masters in the Schools of policy called Reason of State That King had said as much as this comes too of the Puritans of Scotland whom in the second Book of his Basilicon Doron he calls the very pests of a Common-wealth whom no deserts can oblige neither Oaths nor Promises bind breathing nothing but sedition and calumny c. Advising his Son Prince Henry then Heir of the Kingdom not to suffer the Principles of them to brook his Land if he list to sit at rest except he would keep them for trying his patience as Socrates did an evil wise And yet I trow your adversary will not grant upon these expressions though he might more warrantably do it in this case then he doth in the other that Puritans are not to be suffered in a State or Nation especially in such a State which hath any mixture in it of Monarchical Government Now the Reason of State which moved King James to so much harshness against the Remonstrants or Arminians call them which you will was because they had put themselves under the Patronage of John Olden Barnevelt a man of principal authority in the Common-wealth whom the King looked upon as the profess'd Adversary of the Prince of Orange his dear Confederate and Ally who on the other side had made himself the Patron and Protector of the Rigid Calvinists In favour of which Prince that King did not only press the States to take heed of such infected persons as he stiles them which of necessiry would by little and little bring them to utter ruine if wisely and in time they did not provide against it but sent such of his Divines to the Synod of Dort as he was sure would be sufficiently active in their condemnation By which means having served his own turn secured that Prince and quieted his neighbouring provinces from the present distemper he became every day more willing then other to open his eyes unto the truths which were offered to him and to look more carefully into the dangers and ill consequence of the opposite Doctrines destructive in their own nature of Monarchial Government a matter not unknown to any who had acquaintance with the Court in the last times of the King No● makes it any thing against you that his Majesties repeating the Articles of the Creed two or three days before his death should say with a kind of sprightfulness and vivacity that he believed them all in that sense which was given by the Church of England and that whatsoever he had written of this faith in his life he was now ready to seal with his death For first the Creed may be believed in every part and article of it according as it is expounded in the Church of England without reflecting on the Doctrine of Predestination and the points depending thereupon And secondly I hope your Adversary doth not think that all the bitter speeches and sharp invectives which that King made against Remonstrants were to be reckoned amongst those Articles of his faith which he had writ of in his life and was resolved to seal with his death no more then those reproachful speeches which he gives to those of the Puritan Faction in the conference at Hampton Court the Basilicon Doron for which consult my answer to Mr. Baxter neer 29. and elsewhere passim in his Writings 44. The greatest part of his Historical Arguments being thus passed over we will next see what he hath to say of his Late Majesties Declaration printed before the Articles An. 1628. and then proceed unto the rest He tells us of that Declaration how he had learned long since that it was never intended to be a two edged Sword nor procured out of any charitable design to setle the Peace of the Church but out of a Politique design to stop the mouths of the Orthodox who were sure to be censured if at any time they declared their minds whilst the new upstart Arminians were suffered to preach and print their Heterodox Notions without controul And for the proof hereof he voucheth the Authority of the Late Lord Faulkland as he finds it in a Speech of his delivered in the House of Commons Anno 1640. In which he tells us of these Doctrines that though they were not contrary to Law yet they were contrary to custome that for a long time were no ofter preached then recanted Next he observes that in the Recantation made by Mr. Thorne Mr. Hodges and Mr. Ford it is not charged upon them that they had preached any thing contrary to the Doctrine of the Church according to the ancient Form of the like Recantations enjoyned by the ancient Protestants as he calls them but onely for their going against the Kings Declaration which but only determined not having commanded silence in those points Thirdly that the Prelatical oppressions were so great in pressing this Declaration and the other about lawful Sports as were sufficient in themselves to make wise men mad 45. For answer to these Arguments if they may be called so I must first tell you that the man and his Oratour both have been much mistaken in saying that his Majesties Declaration was no two edged sword or that it tyed up the one side and let loose the other for if it wounded Mr. Thorn and his companions on the one side it smote as sharply on the other against Dr. Rainford whose Recantation he may find in the Book called Canterbury's Doome out of which he hath filched a great part of his store He is mistaken secondly in saying that this Declaration determined nothing for it determineth that no man shall put his own sence or Comment to be the meaning of the Article but should take it in the Literal and Grammatical sense which Rule if the Calvinians would be pleased to observe we should soon come to an agreement Thirdly if the supposition be true as I think it be that the Doctrines which they call Arminianism be not against the Law but contrary to custome only then is the Law on our side and nothing but custome on theirs and I think no man will affirm that Custome should be heard or kept when it is against Law But fourthly if the noble Oratour were mistaken in the supposition I am sure he is much more mistaken in the proposition these Doctrines being preach'd by Bishop Latimer and Bishop Hooper in King Edwards time by Dr. Harsnet and Peter Baroe in Queen Elizabeths time by Dr. Howson and Dr. Laud in King James his time none of which ever were subjected to the infamy of a Recantation Fiftly if the Recantation made by Mr. Thorn and his companions imported not a retracting of their opinions as he saith they did not it is a strong argument of the

the Government with him you should then turn the Text and say that God took of the Spirit which was upon the seventy Elders and put it upon Moses for otherwise his wisedom cannot be said to have been greater for having so many wise Assistants no more the personal vallour of a Prince may be said to be greater then it is by having many men of valour in his Council of War or the beauty of a Queen said to be greater then before by having many beautiful Ladies attending on her And so your argument against apealing from the Sanhedrim as the supream Court to Moses as the supream Prince is brought to nothing Which notwithstanding you conceive so highly of the Sanhedrim because it hath some resemblance to the Senate in a popular estate that you make it to be a State distinct from the rest of the people and all this to no other purpose but to multiply the number of estate in every Nation that Kings and such as have the power of Kings may not be ridden only with the bitt and bridle but a Martingal also For if the Congregation of the people in Law to be made had such power as was shown but whither it be shown in your Papers or any where else I am yet to seek and that in Law so made the ultimate appeal lay unto the Sanhedrim as you can never prove it did when there was any King in Israel you ask this Question Why are not here two Estates in this Common wealth each by Gods own Ordinancce and both plain in Scripture Which Argument or Question needs no other Answer but that a male suppositis ad non valet Argumentum ad ●ejus concessa as the Logicians use to tell us You must have plainer Texts of Scripture to prove this Ordinance of God which here you speak of or else the Sanhedrim and the people could not mak two distinct Estates in that Common-wealth as you say they did 30. Now for the clearer proofs of this that is to say that there lay no appeal to Moses from the seventy Elders you have recourse to those words in Deut. 17. 8. where it is said That if there arise a Controversie within thy gates too hard for thee in judgment then shalt thou come unto the Priest and to the Levite or to the Judge that shall be in those days and they shall shew thee the sentence of Judgment upon which Text you first deliver this gloss viz. that by the Judge which shall be in those days we are to understand those supream Judges which governed the affairs of Israel from time to time betwixt the death of Joshua and the raign of Saul Secondly That by the Priests and Levites we are to understand the Sanhedrim according to the sense of all Authors as they stand both Jewish and Christian And thirdl● by these words within thy Gates the Jethronian Judges because they sate and gave judgment in the Gates of their Cities And thereupon you raise this Conclusion without doubt or hesitancy That by the clear sence of Scripture all matter of appeal in Israel lay unto the Sanhedrim And yet perhaps it may be said that the sence of that Text of Scripture is not so clear as you would have it the words being otherwise glossed and therefore otherwise to be understood then you seem to do For First How may we be assured that the Pri●sts and Levites made such a considerable number in the Sanhedrim as to be taken in this place for the woole Court Some which are skilled in all the learning of the Hebrews telling us that the 70. Elders were first chosen by six and six out of every Tribe which make up 72 in all And yet say they they passed by the name of the 70. Elders ad retundationem numeri for the evenness and roundness of the number even as the 72 Disciples Post haec autem designavit dominus ali●s Septuaginta duos saith the vular Latin Luk. 10. 1. are for the same reason called the seventy If so there could but six Priests and Levites be chosen into that great Council admitting that the Tribe of Levi were at that time reckoned to be one of the Twelve and therefore it is very improbable that the Priests and Levites should stand here for all the Sanhedrim but if the Tribe of Levi were not accounted at that time amongst the Twelve as they were not afterwards then could there be no Priests or Levites in that Court at all at the first institution of it though afterwards when Ten of the Twelve Tribes were fallen from the house of David the Priests and Levites might be taken in to make up the number And thereupon it needs must follow that Moses i● that place did not intend the whole Sanhedrim by the Priests and Levites or lookt upon the Priests and Levites as the greatest and most considerable thereof Secondly It is affirmed by some Christian Writers that the Priests and Levites here mentioned are to be understood in their single capacities and not as parts and members of the Iewish Sanhedrim for when a matter seemed too hard to be determined by the inferiour Judges they are enjoyned saith Deodat to go to the Priests by way of consultation and Enquiry to be informed of the true sence and meaning of Gods Laws The Priests being great Lawyers among the people understanding and experienced in the meaning of Gods Law according to which judgement was to be given in all the cases comprehended therein for which we cannot have a better proof then that of the Prophet Mal. cap. 2. 7. where it is said that the Priests lips should keep knowledge and they should seek the Law at his mouth for he is the Messenger of the Lord of Hosts Nor is it so certain as you make it that by the Judge who should be in those dayes we are to understand the supream Judge or Judges or any of them who governed the affairs of Israel as aforesaid For Ainsworth who had well studied the Iewish Rabbines understands these words of the Sanhedrim it self By the Judge saith he is understood the high Councel or Senate of Judges which were the Chiefs or Heads of the Fathers of Israel And this he doth not onely say of his own Authority but refers himself in generall to the Hebrew Records and more particularly to Rubbige Maimony in his tract of Rebels ca. 1. Sect. 4. By both it is agreed that this direction is not given to the parties themselves who had any suit or controversie depending in the low Courts but to the Judges of those Courts and to them alone for which I must confess I can see no reason in the Text or context 31. For if you look into the first words of that chapter we shal find it to be a general direction to the people of Israel by which they are commanded not to sacrifice to the Lord their God any bullock or sheepe wherein is blemish or any ill favouredness