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A70175 Wholesome severity reconciled with Christian liberty, or, The true resolution of a present controversie concerning liberty of conscience here you have the question stated, the middle way betwixt popish tyrannie and schismatizing liberty approved and also confirmed from Scripture and the testimonies of divines, yea of whole churches : the chiefe arguments and exceptions used in the bloudy tenent, The compassionate samaritane, M.S. to A.S. &c., examined : eight distinctions added for qualifying and clearing the whole matter : and in conclusion a parænetick to the five apologists for choosing accommodation rather than toleration. Gillespie, George, 1613-1648. 1645 (1645) Wing G765; ESTC R21730 38,146 48

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for our observing it 3. If Christ in his Sermon Mat. 5. would teach that the Morall law belongeth to us Christians in so much as he vindicateth it from the false glosses of the Scribes Pharisees then he meant to hold forth the Judiciall law concerning Morall trespasses as belonging to us also for he vindicateth and interpreteth the Judiciall law as well as the Morall Mat. 5. 38. An eye for an eye c. 4. If God would have the Morall law transmitted from the Jewish people to the Christian people then he would also have the Judiciall law transmitted from the Jewish Magistrate to the Christian Magistrate There being the same reason of immutability in the punishments which is in the offences Idolatry and Adultery displeaseth God now as much as then and Theft displeaseth God now no more then before 5. Whatsoever things were written af●retime were written for our learning Rom. 15. 4. and what shall the Christian Magistrate learn from those Judiciall laws but the will of God to be his rule in like cases The Ceremoniall law was written for our learning that we might know the fulfilling of all those Types but the Judiciall law was not Typicall 6. Doe all to the glory of God 1 Cor. 10. 31. Mat. 5. 16. How shall Christian Magistrates glorifie God more then by observing Gods own laws as most just and such as they cannot make better 7. Whatsoever is not of faith is sin Rom. 14. 23. Now when the Christian Magistrate punisheth sins against the Morall law if he doe this in faith and in assurance of pleasing God he must have his assurance from the Word of God for faith can build upon no other foundation it is the Word which must assure the Conscience God hath commanded such a thing therefore it is my duty to doe it God hath not forbidden such a thing therefore I am free to doe it But the will of God concerning Civill justice and punishments is no where so fully and cleerly revealed as in the Judiciall law of Moses This therefore must be the surest prop and stay to the conscience of the Christian Magistrate These are not my reasons if it be not a word or two added by way of explaining and strengthning but the substance of Piscators reasons Unto which I adde 1. Though we have clear and full scriptures in the New Testament for abolishing the Ceremoniall law yet we no where reade in all the new Testament of the abolishing of the Judicial law so far as it did concern the punishing of sins against the Morall law of which Heresy and seducing of souls is one and a great one Once God did reveal his will for punishing those sins by such and such punishments He who will hold that the Christian Magistrate is not bound to inflict such punishments for such sins is bound to prove that those former lawes of God are abolished and to shew some scripture for it 2. That Iudiciall law for having two or three witnesses in judgement Deut. 19. 15. Heb. 10. 28. is transferred even with an obligation to us Christians and it concerneth all judgement as well Ecclesiasticall as Civill Mat. 18. 16. 2 Cor. 13. 1. and some other particulars might be instanced in which are pressed and enforced from the Iudiciall law by some who yet mind not the obligation of it To conclude therefore this point though other judiciall or forensecall laws concerning the punishments of sins against the Morall law may yea must be allowed of in Christian Republikes and Kingdomes Provided always they be not contrary or contradictory to Gods own Iudiciall laws yet I fear not to hold with Junius de Politia Mosis cap. 6. that he who was punishable by death under that Iudiciall law is punishable by death still and he who was not punished by death then is not to be punished by death now And so much for the first argument from the Law of God A second argument we have from divers laudable examples in the Old Testament Moses drew the sword against Idolaters Exod. 32. 27. the children of Israel resolved to go out to war against the Reubenites and Gadites when they understood that they were building another Altar Jos. 22. 12. Elijah commanded to slay the Priests of Baal 1 Kings 18. 40. In Asa his time there was a Covenant for putting to death such as would not seek the Lord God of their Fathers 2 Chro. 15. 13. Iehu slew the Priests of Ahab and the worshippers of Baal 2 Kings 10. 11. 24. First searching and making sure that there were none of the servants of the Lord among them ver. 23. Iosiah sacrificed the Priests of Samaria upon their own altars 2 Kings 23. 20. Nebuchadnezzar though an Heathē being convinced that there was no god like the God of Israel made a Decree that whosoever speaketh blasphemy or uttereth any error against God shall be cut in pieces and their houses made a dunghill Dan. 3. 29. As for those whose errors and corruptions in religion were not so great there was some though not the highest severity used against them Moses was so angry with the people that were seduced into Idolatry that he burnt the ●alf which they had worshipped and ground it to powder and strewed it upon the water and made the Children of Israel to drinke of it Exod. 32. 20. Thereby teaching them as Hierome and others give the reason to abhorre that Idolatry while their Idoll did passe from them among their own excrements Asa did remove his mother Maachah from being Queen because of an Idoll which she had made in a grove 1 Kings 15. 13. Josiah caused all that were present in Jerusalem and Benjamin to stand to the Covenant 2 Chron. 34. 32. which could not be without either threatning or inflicting punishment upon the transgressors there being many at that time disaffected to the Reformation O but saith M. S. to A. S. pag. 51 52. Idolatry and Idolaters were the adaequate object of that coercive power in matters of religion whereof we reade in the Old Testament Nor doe we read that ever the Iewish Kings or Magistrates attempted any thing against Sectaries or Schismaticks I answer 1. The object of that coercive power of Josiah 2 Chron. 34. 32. was generally the matter of the Covenant that is the taking away not only of Idolatry but of all abominations and a walking after the Lord and keeping of his Testimonies and Statutes and Commandments ver. 31. 33. Nehemiah did drive away the son of Eliashib the high Priest not for Idolatry but for marying the daughter of Sanballat and thereby defiling the Covenant of the Priesthood Nehem. 13. 28 29. Ezra made the Chief Priests the Levites and all Israel to enter into a Covenant and to swear that they would put away the strange wives and that it should be done according to the Law Ezra 10. 3. 5. and whosoever would not come to Ierusalem for this thing was not only himself excommunicated from the Church but
this place concerning the toleration of heresies and errors Yea Beza de Haereticis à Magistratu puniendis citeth and approveth Calvins judgement condemning Gamaliel for Neutrality and his speech of error These learned Divines have so well opened and cleared the point that there is no place left for what the Poore Pampleter hath said yet two things more I must take notice of in him He saith it was not for any fear of the Jews or Romanes that Gamaliel gave this advice Not for fear of the people of the Jews for that would be but at the Apostles apprehension not execution What non-sense is here the people were angry at laying hands on the Apostles but there was no fear of their wrath if the Apostles should be killed Not for fear of the Romanes wrath which saith he they often regarded not as Acts 23. 27. A place which confuteth himself for when the Jews would have killed Paul Claudius Lysias came with an army and rescued him a danger which we must think the wisdome of Gamali●l the councell could better foresee then that rude and furious multitude which would have killed Paul Next he will not yeeld so much as that Gamaliel did doubt whether the Apostles doctrine were from God or not and that he made it an uncertain case In this Sir you have faced about sure you are not As you were for Mr Goodwin himself ΘΕΟΜΑΞΙΑ pag. 11. saith that Gamaliel in point of judgement or conscience was still but where he was doubtfull and in suspence with himself about the businesse Well but why hath he now denyed that Gamaliel made it a doubtfull and uncertain case He might saith he and in all likelyhood did thus expresse himself for fear or policy So did Hushai strangely for an honest heart in that case of Davids in his counsell to Absalon 2 Sam. 17. yet Hushai made a round lie even against his knowledge Look about you my Masters know whom ye trust here 's a generation of men pretending to a more perfect and Saint-like reformation then others but yet they think it no fault to lie and dissemble for good ends Nay that 's not all pag. 4. answering to an objection made against those who doe commend and magnifie themselves for greater gifts and graces then other men have He tels us it is no fault for a man not only to compare but preferre himself to another and that on purpose to heighten his own estimation Which how sweetly it agrees with Pauls doctrine Phil. 2. 3. In lowlinesse of mind let each esteem other better then themselves let every sober and moderate spirit judge How now poor Pamphleter is it not enough for you to defend a lying tongue but you will needs defend pride too those are two I am sure of the seven things which are abomination to the Lord Prov. 6. 16 17. And here I leave the poor Pamphleter with this black mark upon him I will not proceed to answer a fool in his foolishnesse lest I be like unto him thus far I have answered lest he be wise in his own eyes Only I adde one thing more in answer to that argument for liberty of conscience from Acts 5. 38 39. Suppose Gamaliels principles to be good and this speech to be of truth and authority which I have proved it is not yet it is not applicable to the toleration of hereticks and sectaries now that case of the Apostles being extraordinary and great miracles wrought by them to the conviction of their most malignant opposites Act. 4. 16. Some it may be will object further from Isa. 11. 9. a place objected in the Paraenetick pag. 3. They shall not hurt nor destroy in all my holy mountaine And Luke 9. 54. And when his disciples James and John saw this they said Lord wilt thou that we command fire to come downe from heaven and consume them even as Elias did But he turned and rebuked them and said Ye know not what manner of spirit ye are of for the Sonne of man is not come to destroy mens lives but to save them A place objected by Nicolaides Refut tract. de Eccl. cap. 4. Answ. That prophecy concerning the Christian Church Isa. 11. 9. is not to be understood generally as the word soundeth for then adulterers murtherers c. are not to be hurt and destroyed by the Christian Magistrate The meaning therefore is that those who have formerly been as Lions Wolves to the poor Lambs of Christ shall either be renewed and changed in their nature or which is more probable shal be so restrained and overawed by the power and providence of God that it shal not be in their power to hurt or destroy any of the Saints for the truth or the Gospels sake {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Neither shall they bee able to destroy any So the Septuagints God shall so preserve and protect his Church that she shall be like a Lamb among Wolves or like a Kid among Leopards or like a Childe putting his hand on the Cockatrice den and yet shall not be hurt nor destroyed thereby And as this prophecie guardeth and protecteth none but those who are in Gods holy Mountaine professors and lovers of the Gospel and the ordinances of Jesus Christ So our Lord Christs rebuke Luke 9. 54 55. striketh not against any just and necessary severity but against a private vindictive spirit and carnall blinde zeale It being the purpose of Christ then most of all other times not to exercise violence as tyrants doe in conquering new dominions but to conquer and subdue soules by his doctrine and miracles with a spirit of meeknesse especially having to doe with the Samaritans or any other who had never yet knowne nor received the Gospel Even those who say most for a coercive power to be put forth against Heretickes and Schismaticks doe not allow of the compelling of Infidels Pagans or Jewes by externall punishments to receive the Gospel But now after all this debate upon the question in hand and after all these arguments for the affirmative and for the negative some will happily desire and expect some further modification and explanation of the matter in certain positive conclusions or distinguishing assertions For whose satisfaction I say First there are five sorts of toleration proceeding from five different principles 1. Of indifferency 2. Of policy 3. Of pretended conscience and equity 4. Of necessity 5. Of charity The first is when the Magistrate is a Nullifidian Neutralist and Adiaphorist esteeming as Gallio did questions of the law and of the Ordinances of Christ to be of words names or things which he careth not for Acts 18. 14 15. The second is when the Magistrate tolerateth hereticks and sectaries for his own profit or some such interest of policy such as maketh the Pope to tolerate the Jews in Italy yea in Rome it self where they have their synagogues circumcision and liturgies because his profit by them is greater then by