are appointed and therefore seeing the judicialls prescribe the equity of judgements which is a part of the Decalogue we must be bound to that as we are to the rest of the Decalogue viz. so farre as they containe a generall equity though we are not tied to the formes of the Mosaicall politie Now Christ saith Matth. 5. 17. he came not to destroy the Law but to fulfill it which words are comprehensive of the Judiciall Law as for the substance a part of the Moral Law the Iudicial being indeed an Appendix and a more particular explication of that part of the Morall Law concerning matters of Iustice and judgement and therefore must be understood by Christ to be established 2. Though there be many pregnant proofs in the New Testament for abolishing the Ceremoniall Law yet we nowhere read in the New Testament of making void the Iudiciall Law concerning the punishing of sinnes against the Morall Law in the number of which are Idolatry Heresie Blasphemy Now these Iudiciall Lawes being the Lawes of God and by his revealed will once settled they must needs so farre forth remaine as they appeare not by his will to be repealed They who hold the Magistrate under the Gospel is not bound to punish for such sinnes must prove from the Scripture those Lawes of God revoked and cancel'd which none of the Patrons of Toleration have ever yet done 3. The substance and equity of the Iudiciall Law remains in that Christ and his Apostles make use of transfer and prove by some Iudicial laws divers things under the New Testament Christ makes use of a Iudiciall Law concerning punishment Matth. 5. 38 39. An eye for an eye and a tooth for a tooth viz. that of poena talionis Exod. 21. 24. and frees it from the false glosse and interpretation of the Pharisees in which he teaches the Iudiciall Lawes of Moses understood in their right sense are to be observed in the New Testament For if Christ in that Sermon of which this is a part would teach the Decalogue belonged to Christians by his vindicating it from the false interpretations of the Scribes and Pharisees then it followes hee meant to teach the Iudiciall Lawes of Moses concerning the punishment of Morall transgressions belonged to them also because he vindicated also one of them of which particular with the proof of the consequence the Reader may finde more in Piscators Appendix to Exodus The Apostle Paul 1 Cor. 9. 9. 1 Tim. 5. 18. among other proofs brought by him from fimilitudes fetched from the common use of men that the Minister of the Gospel ought to be maintained of the Churches charge whereas they might object those were but humane reasons he alleadgeth as the eternall Law of God one of the Iudiciall Lawes of Moses which was that a man should not muzle the mouth of the Oxe which treadeth out the corne where 't is manifest he doubteth not to bind the conscience of the Churches unto the equity of that Law which was judiciall likewise from the 13. verse of those that minister about holy things and wait at the Altar living of the things of the Temple and being partakers of the Altar hee concludes that they which preach the Gospell should live of it Now this maintainance of the Priests albeit in the manner of provision it be held by many ceremoniall yet as it was a reward of their service due by men as the punishments also if they failed in their duties was meerly judiciall So the equity of that judiciall Law Exod. 22. 2. Of the smiting of a theife in the night that he dye is approved by Christ Matth. 24. 43. So Christ and Paul both transferre that judiciall Law of having two or three witnesses in judgement Deut. 19. verse 15. to bind Christians in their Ecclesiasticall censures and judgements Matthew 18. verse 16. 2 Cor. 13. verse 1. 1 Tim. 5. verse 19. By which instances and some other particulars that might bee given 't is evident that in those judicialls to all the circumstances whereof we are not bound wee are notwithstanding bound to the equity of which the Reader may read more in Cartwrights second Reply to Doctor Whitgifts second Answer pag. 98 99 100. 4. That God appointed under the Law Blasphemie Apostasie Idolatry Prophecying lies in thename of the Lord to bee punished by the Magistrate proceeded from Gods holinesse justice infinite hatred of such sinnes and from their nature being so contrary to his nature so derogatory to his honour and glory high treason against the Supreme Majesty so destructive to the precious soules of men so dangerous to Common-wealths and Kingdomes as the Scriptures in divers places where these Lawes of punishing are set down assignes these causes and reasons Now I would know of the Patrons of Toleration whether under the Gospel these finnes of Blasphemy Apostasie c. be not as much against Gods holinesse justice glory as pernicious and damnable as they were under the Law yea and in some respects more as being against the Declarations of the Sonne of God Hebr. 2. 2 3. and a treading under foot the Sonne of God and counting the bloud of the Covenant an unboly thing which being granted punishment by the Magistrate must needs continue The rule of just and unjust in God and in his Law is alwayes the same and immutable It is as equally just to punish evill things as to forbid evill things and therefore the right and Law of punishments is also immutable Where and of what things the causes are perpetuall there also the right is eternall and immutable but the grounds and causes why such offences were punished as Gods justice holinesse glory c. are perpetuall and eternal God is alwayes like to himselfe the morall transgressions of men doe alike at all times displease him no good reason can be given why the Majesty of God should be of lesse account with us then heretofore among the Iewes and therefore by the like reason to be punished now as well as then But the further proof of this the Reader may finde in some learned Divines Beza de Haereticis à Magistratu punieâ—â—â— 155. and in Tremellius and Juniâ—â— Preface before the Books of Moses 5. The Iudiciall Law concerning the punishments of â—iâ—kednesse for the substance viz. that it should be punished remains under the Gospel because it comes within the nature of the Morall Law and was prescribed to the Iewes not quae Iewes or a people peculiarly taken into Covenant but qua men subject to the Law of nature as other Nations were For the proof of which besides the judgement of divers learned Divines Philip Melanctoâ— Peter Martyr Zanchius Aâ—tingius the reason of common right from the proper peculiar right of the Iewes is known and distinguished by these following particulars 1. If the same things have beene also found to be concluded and by civill sanction established by other Law-givers from the light of nature 2. If
found to make for the defence and preservation of the obedience of the Decalogue 3. If appear as usefull and necessary now for the glory of God the salvation of mens soules the peace safety of the Church and State as then Now all these do most clearly appear in punishments of sins immediately against God as Apostasie Idolatry Blasphemy c. For first these commands are of the light of nature thaâ— he who is in place and power should forbid and punish the speaking evill of God This sentence as Melancton writes is preacht to all men yea to all reasonable creatures every one in his place ought to forbid and hinder the manifest reproaches and dishonours of God And therefore Magistrates ought to forbid and punish Epicurean speeches worships of Idols profession of wicked doctrines Many Common-wealths among the Heathens have made Lawes against Epicures and Atheistâ— who have openly held there was no God or that there was no providence of God Peter Martyr in his Common Placeâ— that Heathen Princes used to care for Religion and have punished men even to death for the matters of Religion Thus Socrates was condemned at Athens for no other cause but for teaching of new gods I and for with drawing the youth from their old worship of the gods Zanchius on the fourth Commandement writes that by the Law of nature all Princes among the Heathen judged that the care of Religion belonged to them The Athenians judged so the Romans also and thereupon made Lawes and punished for violation of religion Beza gives three instances of punishments inflicted by heathen Magistrates upon three cheif Philosophers for matters of Religion Socrates Theodorus Protagoras the last of which was by the Athenians banished out of their Territories and his books burnt for writing contemptuously of the gods in these words De diis neque ut sint neque ut non sint habeo dicere Musculus in his Common Places speaking of Magistrates having the care of Religion saith the wise men among the Heathen acknowledged it and that the truth of this opinion was so manifest as that it could not lie hid from the Heathen it was jus gentium dictated by the light of nature and therefore ought to be much more acknowledged and embraced by us who in the knowledge of God go farre beyond not only the Gentiles but the Iewes Master Selden in divers places of that learned Book De Jure Naturali Gentium proves that those commands De Cultu Extraneo and De Maledictione Nominis sanctissimi seu Numinis were Jus Naturalis common to all men were indeed the cheif and first Heads of the Law of Nature and that in those precepts viz. for the negative part all the Gentiles who lived or but passed through the Land of Judea were punished by the Magistrate for Idolatry and blasphemy as well as the Iewes and that from Lawes common to the Iewes with the Gentiles though the kinds of the punishments viz. this or that as whether stoning c. were not of the same nature but more proper to the Iewes yea he showes it was an opinion held by some learned men that it was not lawfull for any Gentile to speak evill of and blaspheme his God which hee worshipped as the God of his Countrey and saith it was founded upon those words Levit. 24. 15. Whosoever curseth his god shall heare his sinne the blaspheming the name of the Lord being spoken of after in the 16. verse as if it were distinct from that in the 15. verse In which forme of speech divers learned men both Rabbins Fathers and others would have forbidden to all the sonnes of men not only speaking evill evill of the most holy and only God but also the speaking of those gods which they had chosen to themselves So as none of the Gentiles might blaspheme their false God which yet they had not renounced without the violation of that Law Whosoever curseth his god shall beare his sinne Master Burroughs in his Irenicum though he be for a Toleration in a great measure as in things controversall and doubtfull amongst godly and peaceable men and that with a liberty of declaration of difference of judgement and some different practise page 55. yea brings such Arguments for that Toleration that if they prove any thing they prove a generall Toleration yet confesses page 23. of that Book T is the dictate of nature that Magistrates should have some power in matters of Religion The generality of all people have ever thought it equall It hath ever been challenged of all Nations and Common-wealths The Heathens would never suffer their gods to be blasphemed but punished such as were guilty thereof by the power of the Magistrate Socrates was put to death for blaspheming their multiplicity of gods And Master Burroughs in page 19. of the same book affirmes that Principle That Magistrates have nothing to doe with matters of Religion is abhorring to nature Is it not an abhorring thing to any mans heart in the world that men suffer that God to be blasphemed whom they honour and that nothing should be done for the restraining any but to aske them why they doe so and perswade them to doe otherwise There hath ever been as great a contestation amongst people about Religion as about any thing Exod. 8. 25 26. Pharaoh hade Moses sacrifice in the Land But Moses said it is not meete so to doe for we shall sacrifice the abomination of the Egyptians Lo shall we sacrifice the abomination of the Egyptians before their eyes and will they not stone us Though they had leave of the King yet the people would not endure it By which place of Scripture 't is evident that the Egyptians who were heathens by the light of nature would not endure the dishonour of their gods to see those creatures they worshipped for gods to be killed as Oxen and Sheep the principall sacrifices of the Hebrewes but they would kill the Israelites for so doing And lastly Master Prynne in that late Book of his The sword of Christian Magistrates supported doth largely and excellently show that by the light of nature in all ages Heathen Magistrates have made Lawes against and punished such whom they esteemed Atheists Hereticks Blasphemers of their Gods or oppugners of their established Religion and that with no lesse then Capitall punishments unto which Book from page 14. to 19. I referre the Reader where he shall finde many examples of Heathen Kings and Nations recited and shall conclude this with that saying of Seneca De Benefic lib. 3. cap. 6. Violatarum Religionum aliubi atque aliubi diversa pâ—na est Sed vbique Aliqua as well as of homicide paricide poysoning Secondly the Magistrates sword in matters of Religion in punishing Blasphemies Idolatries Heresies hath been found by good experience in all ages to make greatly for the defence and preservation of the first Table to stirre men
before Moses from this command of God used this sword And this law therefore God inserted in the Israelitical laws which is not now taken away by Christs coming as a mosaicall coaction because Christ abrogated not the policie and law of nature Musculuâ— in his common places De Magistratibus shewing the Magistrates coercive power in matters of religion to be so manifest a truth as that the heathen could nor be ignoraÌ„t of it concluds t is to be much more acknowledged by Christians neither is it that any man should say it s not for us Christians to harken in points of religion what the light of our nature dictates unto us but what the Scripture speaks to us of which are given for that end that we may be instructed to every good work For although in those things which concerne the mysteries of our Faith the Law of nature is not to bee consulted with but rather the Scriptures yet also-those things ought not to be contemned which by God are written in our â—earts by nature as is that law of nature whose direction both the Prophets Christ and his Apostles commend to us Is not that power which fathers have over their children of the law of nature which the Scripture also confirms And who wiâ—l deny that it specially belongs to Parents to bring up their children in true religion and the feare of God In Abraham this was praised Gen. 18. Now if wee consider the Magistrate what is hee otherwise to be accounted of then the supreme Father of all his subjects whose power is much greater then of a Father over children and therefore it belongs more to him then to a Father that be should take upon him the care of Religion and among â—is subjects set it up As for Musculus Authority which is so much urged by Minus Celsus Senenfis Sect tertia page 183. that all the judiciall lawes are by the Gospell wholly antiquated and therefore those of Deut. 13. Deut. 17. c. concerning the killing of false Prophetâ— Blasphemers I answer t is evident that is not Musculus meaning that under the Gospell Magistrates may not make lawes or punish for points of Religion for in many of his writings he pleads for this coercive power as in the second Psal verse 11. Serve the Lord with feare Let them note this place who deny kingly and saecular power that the Magistrate bâ—th to doe in the cause of religion The spirit of God admonishes Kings and Judges of the earth to serve the Lord. But hee understands it of that service which is due to the Sonne of God Let them answer here in what thing Princes ought to serve Christ if in religion there be nothing at all which ought to be done by them When therefore Princes by their power doe care that the Doctrine of Gods word be kept in the Church Idolatry and false worships taken away Ministers conveniently provided for and adversaries suppressed forbidding also that the name of God be blasphemed and â—aring that those who live godly may be safe but the wicked and turbulent may be punished do they not serve Christ then So in his commentaries on the fifth of the Gal. 12. verse he is for cutting off false Teachers by the Christian Magistrate which Mr. Goodwiâ—â— page 74. of his Hâ—giomastix confesses of him So in his Common Places De Magistratibus and De Haeresi hee pleads for at large the coercive power of the Magistrates in matters of Religion and particularly of restraining and imprisoning Hereticks yea in case they be blasphemous against God of cutting them off by death For saith hee the law of God doth not suffer a Blasphemer to live By which testimonies of Musoulus and divers others that might be taken out of his writings t is apparent whatever his meaning was of the Abrogation of the whole judiciall law it could not bee that all the commands concerning the Magistrates coercive power against Hereticks false Prophets Blasphemers were by the comming of Christ wholly taken away For whereas Musoulus his expresse judgement is though against the Magistrates cutting off by death a simple Heretick for putting to death blasphemous Hereticks his proof is the law of God doth not suffer a blasphemer to live which law was given by Moses as well as those in the 13. and 17. chapter of Deut. and I find no law spoken of or example recorded in the new Testament for putting Blasphemers to death but what hath immediate reference to that law in Lâ—vit 24. 16. or was founded on the law of nature common to all Nations Now for that abrogation of the mosaicall law in Musâ—ulus common places de legibus spoken of by Minus Celsus Senensis t is not of the abrogation of the judiciall law only but of the morall also which is equally pleaded by Musculus in that chapter and yet t is well known that Musculus was no Antinomian So that however he differed in the way of his expressions from other great Divines about the manner how the morall law in the ten commandements binds us Christians viz. not as delivered by Moses legally to the Israelites but as agreeing with the law of nature justice and equity commanding good just and holy things so far tying all men to observance Musculus explains his own meaning that the observation of the Decalogue did not belong simply to the Israelites alone but secundum quid in some respects as given by Moses upon Mount Sinai and as it contained the Tables of a Covenant made by God with Israel So farre it binds not Heathens nor Christiens but only Israelites But the things containeâ— in the Decalogue the matter of it concernes all The Decalogue so farr as to be under Moses and his Paedagogie doth not binde Christians but as it contains things agreeable or contrary to righteousnesse and the law of Christ t is in force to and therfore coÌ„mands the one and forbids the other Musculus saith he is so farre from condemning the use of the ten Commandements in the Church of God that he greatly praises their study and diligence who first brought that in for a part of the Catechisme of the Church So that notwithstanding any thing Musculus hath of the abrogation of the mosaical law Moses Laws for punishing Idolaters false Prophets Blasphemers are in force now for the generall equity and reason of them as containing matter agreeable to the rules of reason and justice as well as the Decalogue and indeed confidering what Musculus in his Tractate de legibus writes of the judiciall lawes that they are Appendixes of the morall commands inserted here and there in Moses writings and added for exposition of the Decalogue as also what he saith De Magistratibus that the Magistrates power in matters of Religion is of the light of nature nature dictates it and that the law is still in force against Blasphemers then wee cannot understand the abrogation of these lawes of Moses of punishing
in matters of the first Table to be any otherwise meant by Musculus then in his sense of the abrogation of the Decalogue formerly expressed 2. The reasons of those commands expressed in the 13. and 17. chapters of Deut. concerning putting to death false Prophets Apostates c. whether taken from the nature of the things themselves to which drawn or the nature of the persons guilty Seducers or the common condition of the sons of men shall feare and do no more so c. or the end of punishments putting away evill to which of them soever we look they have been were and are stil the same always of a like nature and force both before the commands were given by Moses in Moses time and now under the Gospell and therefore the reasons of those lawes being perpetuall and universall not abrogated by Christ neither are the lawes themselves of which though I gave a touch of it in pag. 50. yet I shall here further cleare it T is a rule given by many Divines in such sentences as these Tale praceptum qualis ratio praecepti Ratio immutabilis facit praceptum immutabile Vbi ratio legis redditur moralis ibi â—ex ipsa est moralis Officia illa omnia sunt moralia et immutabilia quae rationes morales immutabiles habent sibi annexas Now though this rule is liable to Exceptions and holds not universally as in Levit. 11. 44. Some speciall determination may be confirmed by a generall reason and the immutable nature of the law-giver hath its place and vertue in appointing mutable commands Yet where the reasons of a law ex natura rei not meerly ex instituto are perpetual and universal and the duties following from those reasons founded thereon the special inward and proper reason of such a command being morall and perpetual there alwayes it followes that law is morall and perpetual of which the Reader may bee further satisfied in Ames Cases Consc lib. 5. cap. 1. Quaest 9. and his Medulla l. 2. c. 12. Now the speciall inward and proper reason of that command Deut. 13. so shalt thou put the evill away from the midst of thee is juris moralis naturalis and therefore so is the command itselfe For a conclusion of this that these lawes of punishing Idolaters false Prophets c. were not properly judiciall lawes nor abrogated by Christs comming le ts take notice that that distinction of the judiciall law from the morall viz. the morall law was given of God publikly declared by his voice twice writ in tables of stone but the judiciall was afterwards delivered to Moses and by Moses to the people without any such solemnity is no exact nor perfect one For many of the laws not expressed in the Decalogue but delivered afterwards among the judiciall as about restoring the pledge of weights and just measures of giving the hire to the laborour and many other such like are no more judiciall or lesse morall then thou shalt not steal Yea such commands are transferred to the times of the Gospell as that of Levit 19. 17. to Matth. 18. 15. and Luke 17. 3. and therefore though these commands of punishing Blasphemers Apostates false Prophets c. bee not expressed in the Decalogue but added after yet they may bee no more judiciall then the third and fourth Commandement And therefore the most accurate distinction that is given by Divines between judiciall lawes properly so called and those lawes numbred among the judiciall is this those were properly judiciall lawes which had a singular respect to the people of the Jewes so as the reason cause and foundation of them was placed in some peculiar condition of that people But those lawes which were wont to be reckoned among the judicials and yet in their reason had no singular respect or relation to the condition of the Jewes more then to other people all those are of morall naturall right common to all people of which distinction with some other particulars about the nature of the judiciall law and how farr it binds Christians under the Gospell I referre the Reader to Ames Cases of conscience the fifth Book chapt 1. De Jure and to Zepperus explanation of the mosaicall lawes chap. 5. who shewes two extreams of men in that point one in the excesse holding all the judiciall lawes promiscuously in force others in the defect holding them all and wholly abolished but holds the middle way between both viz. what ever in the mosaicall lawes hath an immutable and perpetuall reason and nature by common right immuâ—ably and alwayes as by an adamantine chaine binds all men in all times and places But whatsoever hath an implied reason and condition of change does no longer bind the consciences of Christians Zepperus also in his first Book chapt 12. of the mosaicall lawes answers at large the places brought by Minus Celsus Senens and others out of Musculus Luther Calvin Zanchius and others for the abrogation of these lawes showing they are understood only of those things that peculiarly belonged to the commonwealth of the Jewes and as given by Moses to the Israelites and not of such judicialls which either in the law of nature or Decalogue have their reason founded Now of this latter sort are all those commands for the substance of them for punishing the false Propheâ— Apostate c. as appears in the nature of those laws and the reasons of them for what singular respect or relation to the condition of the Jews hath taking the evill away fearing and doing no more so turning away from the Lord their God more then to the condition of Christians Thirdly As to Hagiomastixs affirmation page 43 that to prove by the law of God in the old Testament Deut. 13. c. that false Prophets Blasphemers c. may be bodily punished under the New Testament is all one as if a man should go about to prove that the man Moses is now alive by this argument viz. because hee was alive under the old Testament I answer 1. Moses is alive under the new Testament as God said in the bush to Moses I am the God of Abraham and the God of Isaac and the God of Jacob so God is the God of Moses as well as of Abraham c. Now God is not the God of the dead but of the living Matth. 22. 32. compared with Mark 12. 26 27. 2. Though Moses body be dead and buried by God in a Sepulcher that no man knowes of yet his Doctrine may be alive t is a grosse non sequitur that their Doctrine must be dead and buried whose bodyes are dead for then Davids Doctrine in the Psalmes the Prophets Doctrine yea the Evangelists and Apostles Doctrine should be dead they being now all dead as well as Moses and so all proofes brought for any Doctrine from Davids Psalmes the Prophets the new Testament may be thus evaded by saying we may go about to prove David the Prophets
substance there may well be a great change of accessories accidentals formes and manner of proceeding which neverthelesse give no ground for the taking away things and commands themselves but only clearly show there may bee a cessation of all such forms accessories manner of proceeding which were peculiar to that time and people And if wee do but observe and consider the composition of most of the mosaicall lawes how they are mixt of morall judiciall and ceremoniall how lawes judiciall have something morall and something ceremoniall in them and ceremonials have something judiciall and morall in them and how that those things which in their nature are moral and perpetuall have yet somewhat judiciall and ceremoniall annexed to them of all which we may be further satisfied in Zepperus his explanation of the mosaicall lawes we may easily conceive how in these mosaicall lawes a command the thing it selfe may be binding for the substance and yet severall particulars accompanying as being properly judiciall and ceremoniall may cease among which now the form and kinds of punishments the extent with rigor and severity of punishing to the cattell the making the city a heap for ever c may be reckoned And that these are but accessories and appendixes of these lawes for punishing Idolaters false Prophets which therefore may not bind though the commands for the substance be still in force may appeare thus because inflicting death simply upon Apostates false Prophets c is commanded without any of these accessories of destroying the cattel and making the city an heap c as these places Exod. 23. 20. Deut. 17. 2 5 6. and Deut. 18. 20. snow which is worthy to be taken notice of besides in the commands to punish those who offer up their children to Molech and that Blaspheme God Levit. 20. 2. Leuit. 24. 16. the inflicting of death upon them is required but none of those particulars mentioned Deut. 13 15 16 17. In the new Testament also though the punishing by death according to Moses law of Apostates be approved of as in page 52 53. of this Book I have showen and severall judiciall Lawes for the substance ratified page 56 57. yet the formalities accessories with all particularities of such Lawes never are spoken of and lastly though severe punishment by the Magistrate the substance of that command in Deut. 13. be both before Moses Lawes as in Jobs time and after Moses times by Artaxerxes Nebuchadnezzar Darius in cases of Apostasie Idolatry Blasphemie approved of yet there is not a word spoken of destroying Cattell the whole Cities c. And to stop Hagiomast mouth for ever I wish him to consider this that by vertue of commands under the old Testament Apostates false Prophets Idolaters may be now put to death and yet the Magistrates under the Gospel not bound to destroy whole Cities cattell nor fulfill the rest of his inferences For it will appeare by many instances in the old Testament even in that time of Administration of the Covenant wherein the 13. of Deut. was written that the Magistrates held not themselves bound to à ll those particulars of destroying all the inhabitants cattell c. though they inflicted punishments yea death upon some Idolaters and Apostates as these instances fully show viz. in Moses Exod. 32. commanding in the worship of the Golden Calfe three thousand to be slaine not all the people nor the cattell Numb 25. 2 3 4 5. commanding for the bowing downe to the gods of Moab the heads of the people to be hanged up not all the people neither the cattell to be killed in Eliah killing the Prophets of Baal only 1 Kings c. 18. not the people in Asa entring into Covenant that whosoever would not serve the Lord the God of Israel should be put to death and in deposing Machah his Mother for making an Idoll in a Grove 2 Chron. c. 15. but not entring into Covenant to destroy all the Cattell and the Cities where such persons lived in Josiah sacrificing all the Priest of the high places in Samaria that were there upon the Altars 2 Kings chapt 23. but not sacrificing the people nor the cattell and so in others which might be given And therfore if Magistrates under the old Testament though all thought it their duty to punish◠Idolaters and Apostates were not tied to all the particulars in Deut. 13. then certainly the Magistrates under the new are lesse tied to those accessories and formalities of that Law by all which t is apparent those things laid down in Deut. 13. 15 16 17. are only accessories accidentals of that cōmand of punishing with death those that goe after other Gods and not of the nature and essence of it yea holding only in some particular cases time but not generall to the Iewes themselves which in what cases and how I shall forbearespeaking of now for feare of inlarging this part beyond its proportion intended And for a conclusion of this the consideration of this mixture and composition of the Lawes of God under the old Testament is exceeding usefull for this purpose viz. that thereby wee may judge more easily of the mutabilitie or immutabilitie of them whether they be temporary or perpetuall and so whether they bind all men or only some In commands alledged out of the old Testament this is to bee carefully lookt into whether they be meerly and purely morall or ceremoniall or judiciall or whether mixt and compounded and how of what lawes mixt If the command bee pure and simple the thing is evident where morall is binds where ceremoniall or judiciall it binds not But if it bee mixt of judiciall ceremoniall and morall or of ceremoniall and morall the morall remains and is in force by all which wee may see the weaknes of Hagiomastixs inference that if that command in Deut. 13. does at all bind Christians it must binde in every particular there spoken of for what 's morall in Deut. 13. abides and yet what 's properly judiciall and ceremoniall is taken away look as that were no good argument against the fifth commandement being in force under the new Testament because then what was judiciall and ceremoniall in it as containing the promise of the Land of Canaan and a blessing in it c. must remaine under the Gospel so neither is this of Hagiomast For as a command morall may have somewhat judiciall mixed with it so may a command judiciall have much of morall in it but now what judiciall lawes and how mixed are temporary and changeable and upon what rules and grounds and what judiciall lawes are immutable and perpetuall and how to bee known I referre the Reader for satisfaction to Zepperus explanation of the Mosaicall Lawes 1. Book chapt 7 8 9 12. And as for those commands in question of Magistrates punishing in cases of Apostasie Idolatry Blasphemie they are upon all occasions reckoned by learned Divines among the immutable and perpetuall as by Zanchius De Magistratu Quaest Secunda
others and the common grace of God which removall of impediments with the end laid down cannot but be morall also Junius in his Analysis upon this chapter showes t is an Appendix to the worship of God and Zepperus in his Tractate of the mosaical Lawes saith that this of defection by false Prophets is an Appendix of the first commandement Now as the chapter it selfe cleers it and divers learned Divines writing upon the chapter shows this 13. chap. is not all one commandement but there are three distinct commands in this chapter the first of the false Prophet publickly teaching Apostasie in the five first verses the second of the Clandestine Seducer in the six verses following the third of a publick defection of a whole Citie which being observed wel considered besides what I have said already to Hagiomastixs answer that the command in Deut. 13. concerning the putting of false Prophets and Seducers to death cannot bind because then whole Cities must be destroyed Cattel c fully answers all he speaks in this kind because that latter part of the chapter upon which he vapors so is a distinct command quite another thing from that in the first verse to the 5. as also from that of the 6. to the 12. So that t is a meere fallacie to confound Lawes which are distinct to speak all along of that 13. chapt as one Law and command for so he does page 48. 47. make them all one fallacia compositionis is easily discovered by dividing and distinguishing the commands which God hath made distinct and therefore the one command may be in force and wee neither add nor diminish ought from it although the other which is no part of it may not but be more proper to the Iewes and only in some particular cases of which I shall speak more presently and among many differences that might be observed between the two former commands in the first 11. verses and this about a Citie this is plainly one whereas these are commands founded expresly upon generall reasons common to all because he hath spoken to turne you away from the Lord your God c this is not spoken of at all in the case of the Citie but t is grounded upon a reason peculiar to the Iews as some learned men observe from v. 12. If thou shalt heare say in one of thy Cities which the Lord thy God hath given thee to dwell there the foundation of that command being ceremoniall because it hath a particular respect to thaâ— Land the Lord gave them to dwell in God being in a certaine singular kind of manner the Lord of that Land upon which place of Scripture Junius writing showes the destroying of the Citie utterly with the devoting of all things therein to destruction to be ceremoniall and so not to take place now yea it was not of force among the Iewes themselves but only in one particular case when a Citie openly by publick Authoritie defended and maintained Apostasie from God and therefore though in a Citie there had been hundreds of Apostates whether publick or private Seducers which all were to have suffered by vertue of the former Lawes of the first 11. verses of this chapter yet so long as openly by publick Authoritie of that Citie these were not defended nor maintained although these particular Apostates were commanded to be put to death all the inhabitants among whom they lived were not commanded to be put to death muchlesse the Cattell and all things within it to be burnt with fire and the Reader for his further satisfaction herein besides what I have written of this in page 85. 86 87. may consult with Junius in his Analyt explication on Deut. 13. 543. 544. who resolves the question and case thus That in this chapter there are three things concurr the morall right the ceremoniall and the Political That which is of morall right that according to the substance remains and therefore it followes that who foe is guilty of so great wickednesse and obstinacie as Moses describes in this chapter ought to receive the reward and punishment of his 〈◊〉 and that by the Law of God and nature whose Minister and Helper the judicial and political Law is but that which is ceremonial and is in the last part of this chapter where God commands to destroy the Citie and devote all things in it to a curse hath no place now because the foundation of this command is ceremoniall For the Political and judicial Law which hath its foundation partly in the divine and naturall Law and partly in the ceremoniall it followes from thence whatsoever in the judicial Law simply belongs to the preservation of the naturall and moral Law ought according to the substance to be observed but whatsoever things are of ceremonial right to them the Magistrate is not bound but the publick safety and prevention of so great evils laying aside ceremonies according to natural and moral right ought to be procured and sought for by him Secondly I might manifest the flightnesse and weaknesse of Hagiomastixs evasions of those old Testament Lawes by drawing them briefly into one and showing the several fallacies and paralogismes one after another as arguing Falsa Suppositione Adicto secundum quid A particulari ad vniversale Fallacia compositionis et divisionis c As also had I wanted matter I could have run out in flourishing words and at the end of every Reply to his evasions have stood triumphing over him as he does over the Authors of the Vindicaâ—ion saying O Independents and Sectaries if your Teachers yea your great Rabbi and Oracle bring such poore and weak Stuffe for their Tenets and way you had need to take heed and beware of them least the blind lead the blind and both ful into the ditch But I consider I am handling a great Controversie in Divinitie a point about Conscience and that t is not comely to speak of it in a light and scossing way and therefore shall not offer to contend with Master John Goodwin in that way contenting my selfe to have aimed at hard Arguments and fore words Thirdly I might take occasion to set out the â—olly and horrible pride of the man in boasting and glorying in such poore weak Stuffe and that stollen out of Minus Câ—â—suâ— Sâ—â—â—â—sis behaving himselfe like à gloriosus miles I might annex and fasten each of his vapouring insolent insultations over his three supposed Adversaries unto each Answer by which his folly and vanitie would be made manifest to all in excessive boasting when he hath performed so little but I will forbear to deal with him in that way and shall conclude this 17. Thesis and all my Answers to his evasions in speaking sadly to his Conscience though I much feare in this Argument of Libertie of Conscience he hath little Conscience left or is capable of any Conviction this being his Sanctuary and Protection to safegard him from the trouble and danger of al
God for it p. 12 13 Magistrates and Judges before Moses time before the Judiciall Lawes or Levitical Priesthood did punish for matters of Religion and command men under their power to worship God p. 13 14 Other Kings besides those of Israel and Iudah used their Power for the worship of God against Idolaters Blasphemers c p. 14 15 16 That objection against the Kings of Israel and Iudahs power in matters of Religion that they were tipes of Christ and that Land typical answered at large in eight distinct Answers where divers things are opened concerning Types and of those Kings being Types and how actions may be Typical and yet morall from p. 16 to 27 Idolatry and Idolaters not the adaequate object of the Magistrates coercive power under the old Testament but the whole worship and truth of God from p. 27 to 34 The 17. of Deut. 18. 19. opened and proved to give Magistrates the care of Religion p. 34 35 36 37 Vnder the Father in the fourth commandement and under sanctifying the Sabbath the Magistrates dutie to see the publick worship of God observed by his subjects proved p. 34 40. 41 The Magistrates dutie qua Magistrate in matters of Religion proved and yet with a difference of the Christian and Heathen Magistrates power in such matters p. 42 43 44 The commands in the Old Testament for Magistrates punishing in matters of the first Table as Exod. 22. 13. Deut. 13. 1 2 5. Deut. 17. 1. 2 3 4 5. Levit. 24. 16. Deut 18 20. 22. with divers others laid down p. 44 45 46 Reasons laid down to prove these commands for punishing Idolaters false Prophets c. Morall of common reason and equity given to all Nations and for all Ages from p. 46. to 53. Of Judiciall lawes under the Old Testament being in force under the New how far and in what respects with the reasons thereof from p. 53. to 58. The Magistrates punishing of sinnes immediately against God as Blasphemy Apostasie c. is of the light of nature p. 58 59 60 61 72 73 The Magistrates coercive power in matters of Religion as necessary under the Gospel for the glory of God salvation of mens soules peace of Church and State as under the Old yea more reasons for it under the Gospel then under the Law p. 62 63 64 The Magistrates punishing false Prophets c. is an act of our love to God and our Brethren p. 66 67 68 69 70 71 The reasons of those commands in 13. and 17. chap. of Deut. concerning putting to death false Prophets Apostates have been were and are stil the same of a like nature and force both before the commands given by Moses in Moses time and now under the Gospel p. 76 77 78 An Answer to that objection that if Moses laws bind now then Moses is alive under the new Testament p. 79 80 A full Answer to that objection If the Law in Deut. 13. be in force now t is in force in all the particulars for the manner of the punishment for a whole City not only al the Inhabitants but the cattell also c. in which answer many things are opened and cleared what 's morall in that Deut. 13. and what ceremoniall and that the law concerning the destroying of a city cattell c. is no part of the command spoken of in the first part of the 13. chap of Deut. p. 81 82 83 84 85 86 87. 173 174 175. 195 196 An answer to that obiection If Moses lawes bind under the New Testament then every person in an idolatrous State is bound to seek the death one of another yea the Magistrate bound to sentence to death all his subiects practising idolatry without exception p. 90 91 92 93 A full answer to that Evasion of Hagiomastix against the Old Testament lawes that the reason why the Magistrates did then punish false Prophets Blasphemers c. was because the Jewes to whom these laws were given in all difficult cases about matters of Religion had the opportunity of immediate consultation with God who did infallibly declare his mind to them in which answer many questions are discussed and cleared severall texts opened as whether God gave answers by Vrim and Thummim in difficulties arising about morall transgressionâ— against the first Table or rather whether those answers were not concerning the events of future things as about the successe of war c. as whether Infallibility or Fallibility be the proper grounds and reasons of punishing or not punishing in matters of faith and morall transgressions as whether there be not and how far and by what means an infallibility and certainty in matters of Religion now as well as under the Law as whether that Deut. 17. 8 9 10 11 12. be any proof for God giving answers by Vrim and Thummim or only a ground in difficult cases to go from lower Courts to higher and the highest of all who by reason of their number and abilities were more able from the law of God to resolve difficult cases then the inferior Courts with divers other particulars usefull to be known in these times from p. 95 to 165 A full answer to that Evasion brought by Hagiomastix and other Patrons of Toleration that the punishments under the Law were more bodily and afflictive to the outward man then under the Gospel and consequently were typicall Cutting off of Casting out now and typicall of eternall damnation and therefore by the comming of Christ ceased p. 165 166 167 168 169 170 A full answer to that objection That supposing all those lawes in Deut. 13. c. were morall and in force yet they could not reach to Hereticks and false Teachers among us as not being those false Prophets Idolaters Blasphemers spoken of in those lawes from p. 171 to 190 An answer to that objection That the Sadduces Herodians Pharises were tolerated by the Jewes and that Christ did never charge that Church and State with sin for not punishing them p. 29 30 compared with 190 191 192 193 194 Severall Reasons laid down to prove that if there were no commands nor examples in the New Testament to prove the Magistrates power of punishing Hereticks false Teachers yet the proofs of the Old Testament were binding p. 199 to 211 Besides all the Old Testament proofs some places of Scripture speaking of the dayes under the New Testament brought for Magistrates power in Religion and punishing false Teachers p. 212 213 214 215 Seven grounds from places of Scripture recorded in the New Testament proving Magistrates coercive power against false Teachers annd Hereticks laid down and cleared p 215 216 217 218. Published by Authority A TREATISE against the Magistrates Toleration And Permission of a Promiscuous use and Profession of all Religions Sects and Heresies and a partiall limited Toleration of some few Sects or of any one Sect way of Worship Church Government different from the true Religion established and setled HAving in my Preface and Prolegomena both
other such ought to be restrained and if they commit Idolatry or other corruptions not so great or so grosse yet by way of proportion and equity such ought to be though in a lower kind and way And 't is evident by many instances that the Iewish Magistrates Kings and others as Iosiah Nehemiah c. did punish in a proportion though not with death those who violated the worship of God and the first Table though they were not guilty of Idolatry and Apostafie to worship other gods nor of worshipping the true God by Idols as by the golden Calves of Jeroboam And if that be good Divinity which M. S. the Father of that Evafion of Idolatry and Idolaters being the adaequate object of the coercive power of the Kings of Judah in matters of Religion hath pag. 89. of the same Book That God prohibiting all manner of violence oppression and hard measure among his people one towards another though such Lawes as those in the letter of them respected only Civil transfactions and dealings betweene men yet the equity and spirit of them extends to spirituals also men being every whit as liable to violence oppressionâ— and hard measure from men for their conscience sake as in any other respects or upon any other grounds whatsoever then from that command Deut. 13. 5 6 7 8 9. and from those examples of Asa Iosiah to inferre an equity of punishing other offences in the same kinde though not named in the letter must needs be better Divinity because every one cannot but conceive that the equity and spirit of a Law may upon better grounds extend to things in the same kinde and of the same nature from one spirituall thing to another from Idolatry to Wil-worship or Heresie then from civill things to religious which differ totâ— genere But setting aside M. S. Concession is there not all the equity and reason in the world from those commands forementioned though granting according to the letter of those Lawes no man should be put to death for any thing lesse then that kind of Idolatry with Apostasie worshipping false gods that those who worship the true God by graven Images by making likenesses of him and that corrupt the doctrine of Faith and Religion should also by the Magistrates bee punished as well by suppressing their Conventicles putting them out of places of power c. though not so much as the others Or is there any equity and proportion in this that God should command punishing with death the highest kinde the Magistrate can inflict for Idolatrie in worshipping strange gods and should forbid any punishment or restraint at all of Idolatry and corruption of his worship in the next degree to that According to degrees of faults to have degrees of punishments is of the light of nature and right reason but to have a higher degree of an offence to bee punished with death and all others not to bee punished at all is against the light of nature and all reason Le ts but look into the Scriptures for the violation of other commands of God as in the 6 7 and 8th Commandements and wee shall finde that where the higher degrees and violations had greater punishments the others went not scorfree For example when adultery was punished with death fornication was punished with fifty shekels of silver and witâ—â— paying of money according to the dowry of virgins Exod. 22. 16. 17. compared with Deut. 22. 22. 28 29. So when stealing of men was death stealing of oxen and sheep was restoring five and foure-fold Exod. 21. 16. Exod. 22. 1. Seventhly there is a great agreement between the false Prophets under the old Testament and the false teachers under the New between Idolatry under the old Testament and Heresies now many Heresies being grosse Idolatries as is evident by many Scriptures of the New Testament which lively parallels and resembles these to each other so that it cannot bee upon any good ground conceived that the first sort should bee punished with death and the latter not punished at all but I referre the fuller clearing of this to the 17. Thesis where upon occasion of opening that 13. of Deuteroâ—omiâ— I shall speak more 15. THESIS Besides the full concurrent testimony and judgement of the most learned Protestant Divines Calvin Philip Melancton Beza Peter Martyr Zanchius Bullinger Musculus Chemnitius Gerardus Bucanus Bilson Cartwright Professores Leydenses Voetius Triglandus that the care of Religion and Gods worship belongs to the Magistrate that God hath given him a power and authority objective and externall in Ecclesiasticall causes to look to Religion as to Civil Justice so as he is bound to see the true Religion and service of God set up and maintained in his Dominions being therupon generally by all Divines cal'd Custos Curator utriusque Tabulae God himself in the Scriptures showes at much annexing the care of Religion and keeping the Law the first Table as well as the second to the Magistrate Deut. 17. 18 19. God there appoints that the King over his people when he comes to the Throne of his kingdome should have a Copie of the Law written out of that which was before the Priests the Levites to be alwayes with him Now the Law there spoken of is meant the whole Law of God the first Table as well as the second that which concerned God as well as man because it was a Copie of that Originall which was kept in the Tabernacle for the Priests and Levites whose office was principally about matters of the first Table and then the end expressed in the 19. verse that the King might learne to feare the Lord his God to keep all the words of this Law showes as much that by the name of the Law must be understood the whole Systeme of the Divine Law so that by this place of Scripture 't is evident that not only the second Table of the Morall Law that contains justice and righteousnesse is committed to the Magistrate but the first also concerning the worship of God is given to his custody And as t is understood of the whole Law so the custody of the Law of God is not here a Custodia legum personalis privata meant only of a personall private keeping as the Pleaders for Toleration evade saying that the King in his person as well as others was to keep the Law but also and cheifly of a Custodia Officialis publica quod Rex curare debeat ut Lex Domini pure doceatur ut cultus instituatur a publike keeping out of office it being the Kings office to care that the Law of God should be purely taught and his worship set up and that it must be so understood consider these following Reasons First this King verse 15. was to be one from among themselves a Brother not a stranger who was to know the Law of God and to keep it personally as well before he was a King as after the Law of God being
but as they are Magistrates so that 't is their part to care by their authority that the Sabbath be sanctified that is that Religion bee preserved and the exercises of piety take place in their Countries and Territories and further know what the office of a Magistrate is in matters of Religion both in respect of persons and things and that in the severall particulars let him read learned Zanchius on the fourth Commandement particularly in these pages 651 652. 659 660. and especiaâ—ly 788 789 c. the fifth Common Place De Officiâ— Principum in Religione of the office of Princes in Religion And therefore seeing Magistrates have the care of Religion and Gods worship committed to them being by God appointed to be keepers of the first Table as well as the second among other particulars laid down in the word and branched out by Divines wherein the Magistrates power in matters of Religion stands this must needs be one a power of suppressing false Religions and Heresies and punishing those who by all wayes and meanes go about to destroy the true If the Magistrate be Custos primâ— Tabula he is also Vindex primae Tabulae If the Magistrate have a power of commanding the true and using coâ—rcive meanes to bring his people to it then sure he hath of hindring the false as he that by Law hath the power of keeping the peace hath a power also of suppressing tumults riots râ—uâ—s and the reason is manifest because the one cannot be kept without the other the Physitian who hath a power given him over bodies for their health hath a power over sicknesses corrupt meats poyson and all that would destroy the health and life He who hath the power of keeping a Garden and the precious flowers and fruits in it hath a power of plucking up weeds taking Mouls Snails and such like that would spoile all He who may justly command may justly punish and he that may lawfully punish may certainly command All learning will tell us that contraries be consequent to contraries If Magistrates may lawfully command and establish that which is good then they may forbid and abolish the contrary evill of which see more in Bilsons Difference between Christian subjection and unchristian Rebellion part 2. p. 278 279. And therefore we see Josiah and other Princes who established the true Religion by their kingly authority caused the people to stand to it removed and punished also all persons and wayes contrary thereunto Hence I conceive t is that maxime is generally received among Divines Magistratus est Custos ac vindex utriusque Tabulae the Magistrate is the Revenger of both Tables as well as the Keeper 16. THESIS Magistrates qua Magistrates by vertue of their office as Magistrates simply every of them though Turks Heathen and wicked as well as Christian and Orthodox have an authority right power from God Jure divino in matters of Religion to command for God and his Honor and to forbid and suppresse the contrary The Magistrate in generall being by his proper place the Minister of God Rom. 13. Gods vicegerent governing men in the roome of God even so far as his power and jurisdiction extends is bound to care in matters of Religion As now Parents qua Parents have by the morall law of God a power and a duty lying upon them to command their children to good and to forbid evill and have a rod given into their hands to those ends although being Heathens or wicked for the present they know not or will not exercise it in teaching and bringing them up in the Christian Religion and fear of God So is with Magistrates the Authority and right every of them hath by being a Magistrate who by his place is for the punishment of evill doers and the praise of them that doe well however to the due and right exercise of this a good will and true knowledge out of the word of God may be required Zanehius in his Mâ—scellaniet de Magistratu 167. 169. and De Ecclesiâ— militantis Gubernatione cap. 26. pag. 553 554. showes that every Magistrate as well wicked as godly not Christian as Christian hath this power and so doth Spalatensis in his sixth Book fifth chapter De Republica Ecclesiastica but for the better understanding of it I shall lay downe this twofold distinction First that Heathen Princes so farre as the light of nature teaches them and right Reason are to make Lawes in matters of Religion and whereas the * light of nature leads on straight to the knowledge of one God and Supreme Deity and dictates this God to be just holy good perfect c. and to bee worshipped with reverence they should command so farre remove Idolatry the worship of birds four-footed beasts and creeping things promote the worship of the true God punish blasphemies and wicked opinions contrary to the nature of God and that out of their proper office of being Princes as the immediate Ministers and Vicegerents of God on earth Hence we read in many Writers as Plutarch Aristotle Plato and others that Heathen Princes have made Lawes for God and his worship and have punished Atheists Epicures Blasphemers and Sacrilegious persons and as any of them have come to more knowledge of God and Religion by any extraordinary work of Gods providence or by living among them of the true Religion as the Jews before Christs time and Christians since though not fully converted yet still according to their knowledge and means they were bound and many of them have gone on in promoting the true Religion and forbidding the contrary as the King of Niniveh Darius Nebuchadonezor and Aurelianus at the request of the Church punishing Paulus Samosetenus the Heretick But now if beside the light of nature and dictamen of naturall reason Princes have the light of faith the knowledge of Christ and the Scriptures of Heathens come to be Christians or being borne in Christian Common-wealths have from their child hood beene brought up in the faith of Christ then also out of their kingly office they should throw downe all things contrary to faith and the true worship of Christ and positively by outward acts promote and command the outward worship of God have a care of the Ecclesiasticall Discipline and of all the parts of Religion that they may be preserved Of which the Reader may be further satisfied in the writings of that learned man Marcus Antonius de Dominis Archbish of Spalato Secondly though the care of Religion belongs to al Princes yet in a speciall manner upon speciall obligations the Christian â—aith belongs to Christian Magistrates and Princes whom God hath given to be nursing Fathers and nursing Mothers these have not only a remote power but the next power which they may bring into act by reason of the knowledge of Christ and many helps and this many Reformed Divines affert of the Christian Magistrate in the handling of this question of the
seven Precepts Juris Noachidarum seu Naturalis as they are called among which Idolatry and Blasphemy De Cultu extraneo De maledictione Nominis sanctissimi seu Numinis were the first Nay further he proveth that every Gentile which had not received those seven Precepts was to be punished with death if he stayed in the Jewes Territories and particularly in divers places of that Book showes that Idolatry and Blasphemy were punished by death upon all that lived in the Iewish Common-wealth though they were not Proselyti Justiciae and on those words Levit 24. And he that blasphemeth the name of the Lord he shall surely be put to death writes thus Id est sive fuerit Proselytus sen peregrinus sive indigena aut civis ex eo quod blasphemaverit nomen Domini morte plectendus est yea he saith that the Gentiles or Proselytes Domicilii were punished more severely then the Iewes in this case of Blasphemy not only for blaspheming the proper name of God but the Cognomen All which showes clearly these punishments were not inflicted upon the Iewes qua Iewes and qua a typicall people in a typicall Land c. but upon them as the nature of such crimes calling for such punishments and that 't is the Magistrates duty to restraine in Iews or Gentiles in all under their jurisdiction Idolatry blasphemie c. Thirdly the reasons and grounds of these Lawes and commands with the use and end of them upon which they are inforced are of common reason and equity that concern us under the New Testament as well as the Iewes I doe not finde one Ceremoniall or properly Iudiciall reason given of any one but all of them are laid downe either absolutely and simply without any reasons at all or else upon such reasons as are morall and perpetuall and I judge that in all commands which are not typicall and ceremoniall and so some other thing apppointed to come in upon the abolishment to make good their perpetuall end and use assigned that rule of Divines holds universally true Ratio immutabilis facit praeceptum immutabile which by the way may serve to answer the Evasions of Minus Gelsus Senensis and of Hagiomastix bringing instances in Circumcision and such like which the Scriptures declare expressely to be abolished having substituted Baptisme and other ordinances in their roome but have not said one word in the like kind of the commands in question besides that Christ the substance of those shadows is come and so they are of no further use at all And indeed Acontius though a great Libertine doth confesse that Law in the 13th of Deuterenomy of the stoning of the false Prophet and Seducer is not confined only to the time before Christ having no place at all under the Gospel and to the ground and conjecture as Acontius calls it of that opinion he saith that the reason set downe in the same is against it viz. All Israel shall beare and feare and shall do no more any such wickednesse as this is among you which reason certainly abides alwayes so that although this Law had exspired yet notwithstanding by vertue of it the Magistrate hath a right and power of making another like it as he hath of making Lawes against Murtherers Adulterers and other flagitious persons Fourthly Before these Lawes in Deut. 13. and Deut 17. for punishing Idolaters were given by Moses yea before Moses time or any Common-wealth among the Iewes was erected in other Countries remote from the Land of Canaan Idolatry in worshipping creatures deserved punishing by the Magistrate as I have showed already fully in page 13 14. of this Book yea the particular kind of Idolatry instanced in Deut. 17. 3. of worshipping the Sunne or Moone which among the Israelites was to be punished by death if it had been found in Job in the Land of Vz he had beene worthy of punishment from the Iudges for it Job 31. 26 27. 28. And other Princes not Iewes as Artaxerxes Nebuchadonezar c. made Lawes and Edicts for punishing those that blasphemed the God of heaven and transgressed his Lawes as the Scriptures testifie Now the Lawes properly judiciall that were the Iewes civill Lawes simply belonging to them as such a people in such a Countrey were in use only among themselves and not practised by other Nations and Countries but such Lawes and Customes used among them that were observed universally among all Nations or by divers Nations though not of all strictly speaking were not Iudiciall Lawes but the Lawes of Nature and Nations though according to the Discipline of the Iewes that is what was received in the Church and Common-wealth of the Iewes and accordingly accounted by them as the Law of the world of all men and ages or the Law of many Nations common to them with those Nations of all which the Reader may be further satisfied in that learned Peece of Mr. SELDEN'S De jure Naturali Gentium juxta disciplinam Ebraeorum and particularly in the Preface of that Book where he sheweth the reason of that Title and gives the summe of his work and undertaking and in his first Book And among the Iawes of Naturall right as distinguished from the civil lawes of the Jews or simply Israeliticall those commands of punishing for strange worship and Blasphemie are reckoned by the Jewes themselves as the Reader may find in the first book de Jure Naturali Gentium cap. 10. 2 book cap. 1. 12. 3 book cap. 1. Fifthly The Spirit of God under the New Testament Hebr. 10. 28 29. speaking according to the common equity and justice of the matter and not according to a Politicall law peculiar to one Nation saith of the despisers of Moses law that died without mercy under two or three witnesses that they were worthy of it as appears by the comparative Of how much sorer punishment suppose ye shall he be thought warthy Every comparative implying a positive The sorer punishment that he is worthy of who hath trodden under foot the Son of God supposes the other worthy of the sore punishment inflicted upon them by Moses law for despising it Now by Moses law in this place the breach whereof deserved capitall punishment must needs be meant sins against the first Table rather then against the second and that because the scope of the Apostle is to warne the Hebrews against Apostasie and falling off from the Christian religion for which end he brings these words among others and therefore would speak ad idem Beza upon 〈◊〉 place saith that the Apostle speaks not of the transgression of any one command but of the apostasie and totall defection from the true Religion of which Moses in Deut. 17. 2. had spoken So Calvin upon this text The law under Moses did not punish with death all sins or transgressions committed but Apostasie The Apostle had an eye to that of Deut. 17. 2. of stoning him that served strange gods And Pareus
upon Heb. 10. 28 29. shewes that temporall death from the Magistrate for of that he speaks not of Gods judgements was justly inflicted by Moses law upon capitall transgressions as Blasphemie Apostasie and therupon infers from the lesse that much greater punishment must abide Apostates who despise the Gospel Infert à minori tanto gravius supplicium manere defectores illos Si legis contemptoribus supplicium mortis quo nihil est in hoc mundo acerhius justè irrogabitur utique supplicium quovis morte atrocius Apostatae Evangelii contemptores incurrent And 2 Heb. 2. in those words For if the word spoken by Angels was firm and every transgression and disobedience received a just recompence of reward the Apostle shews that the law of Moses given by Angels Gal. 3. 19. Act. 7. 30. had the breach and transgression of it justly punished mediately by the Magistrates to whom the execution of the laws was cōmitted by God which just punishment is there cheifly understood of transgressions against the first Table Sixthly Granting that 13. of Deut. with the other Texts of Scripture named to be judiciall politicall lawes of the Jews yet they may binde the Christian Magistrate under the Gospel Indeed the Ceremoniall law being given for certain uses and for a certain time till the comming of Christ upon the arising of this Sun all these shadowes vanished away as being but of one time But now the Judicial lawes however delivered to one Nation yet were not of one time never tied to one time only so that had the commonwealth of the Jewes continued untill this day excepting a few things belonging to the vindication of the ceremonies which would have ceased with the ceremonies they would have used their Political lawes still in regard the Gospel neither changed nor took away any of them as Beza observes in his Tractate de Haereticis à Magistratu puniendis p. 154. And for the better understanding and proving that the Judicial lawes under the Old Testament are still in force I shall lay down two or three distinctions 1. The judicial law may be considered so far as concerns the distinction of the Iewes from the Gentiles and the typical signification of the kingdome of Christ or only so much as belongs to the forme of Civil government Now the judicial law according to the first acception is absolutely and simply abrogated but secundum quid in part and some kinde only in the latter that is Whatever was in the judicial law of particular proper right peculiarly concerning the Jewes as of inheritances not to be transferred from one Tribe to another of the Tribe of Levi having no inheritance among the other Tribes Numb 18. 20 24. of the emancipation of an Hebrew servant or handmaid in the seventh yeer a mans marrying his brothers wife and raising up seed to his brother the forgiving of debts at the Jubile marrying with one of the same tribe with other such like all of this kind is ceased But what was of common right common to other Nations with them according to the common law of nature of which sort are lawes concerning the punishment of Moral transgressions and other such that all remains and is in force Of which distinction the Reader may find more in Piscator's Appendix to his Observations upon the 21 22 23 chap. of Exodus Bullinger and in Altingius his common places par 1. loc 7. de lege Dei p. 112. Lex judicialis simpliciter abrogata est quoad distinctionem Judaeorum à Gentibus typicam regni Christi significationem secundum quid verò quantum attinet formae gubernationis civilis Nam quod juris in ea fuit particularis Judaeos peculiariter concernans qualis fuit lex de officio Levitarum item alia de haereditatibus de tribu in tribum non transferendis id omne cessavit Quod autem juris suit communis secundum legem naturae omnibus communem sancitum cujusmodi sunt leges de paenis scelerum aliaeque id totum manet 2. The Iudicial lawes may be considered according to their substance and equity or according to many accessories circumstances forms manner of them Now though the Magistrate under the Gospel is not bound unto these lawes simply that is to every circumstance and particular of them for form manner time and place as for example not to the same kinds and formality of punishments set down in those lawes for those forms are accessions of the law and therfore out of the nature of persons times places and constitution of common-wealths mutable Yet he is bound to the substance equity of them so as not to derogate from the right of those lawes Of this distinction the Reader may find much said by Cartwright in his 2. Reply to Dr. Whitgift p. 98 99. Beza de Haereticis â Magistratu puniendis p. 154 155. Tremellius and Junius in their Preface before the five Books of Moses Thirdly these Lawes may be lookt upon as containing doctrine from God of punishment i. e. that those who seduce blaspheme God c. be restrained yea and by death in severall cases or else as in their latter according to the great rigor and severity expressed in them as in Deut. 13. c. by smiting the inhabitants of the City with the sword destroying it utterly and all that is therein and the cattle thereof with the edge of the sword and by gathering all the spoyle of it into the midst of the street thereof and burning with fire the City and all the spoyle of it every whit in not sparing them though they should have truly repented in enjoyning the sonne the wife of a mans bosome to bring forth the father husband and to stone them with stones Now though to the degrees and measures of punishment the severity and utmost rigor the Magistrate is not now tied yet to the thing in cases of Idolatry seduction false prophesying speaking lies in the name of the Lord he is bound and in some cases of grosse and high Idolatry and Blasphemy committed presumptuously to inflict capitall punishment of this distinction also let the Reader consult these Authors And of this question that the Iudiciall Lawes of Moses in the sense now given doe yet last and are in force besides the Resolution of many great Divines in the case Beza Calvin Cartwright Tremellius and Junius Bullinger Zinchius Peter Martyr Henricus Altingius and more especially Piscator who by eight Arguments proves the Question in controversie besides answering two and twenty Arguments brought against it I shall desire the Reader to observe these few Reasons 1. The Iudiciall Law differs from the Decalogue the Law of the ten Commandements in this that whereas the Decalogue comprehends in a few words all righteousnesse and equity in all kind of duties to God and man the Iudiciall explains only that part of righteousnesse and equity which stands in those things of which judgements
false Teachers go on the more desperately corrupting and destroying all but of these Reasons I intend to speak more in the next Thesis Seventhly supposing all these commands simply Judiciall given to the Jewes only which yet I have proved not to be so there are other commands and examples recorded in the Old Testament distinct from the Judiciall which cannor be counted Judiciall but are Morall and perpetuall as the fourth Commandement one of the ten Commandements given to the Magistrate that by his authority true Religion be preserved take place and all false Religion suppressed the proof of which is laid downe in the 15. Thesis as that command Psal 2. 10 11. given to Kings and Judges which cannot be Judiciall nor Ceremoniall for severall reasons neither have the Patrons of Toleration ever said so of it of which place I shall speak fully in the 19. Thesis as those examples of Abraham and Jacob not suffering those under their power command to commit Idolatry which were long before those commands in the 13. 17. chap. of Dut. said to be judiciall and that these examples were not judiciall besides what the Reader shall finde in the ninth and 12. Theses Musculus in his Common Places De Abrogatione Mosaicae Legis even in that Common Place where his Authority is most urged by the Patrons of Toleration for the abrogation of all Mosaicall Lawes affirms that as a Christian is not under the Mastership of Moses so likewise Abraham was not under the Pedagogie of Moses And so much for the first particular that the commands for punishing Idolaters Blasphemers false Prophets c. were of common reason and equity given for the times of the Gospel Secondly as to the grounds brought by the Patrons of Toleration Minus Celsus Senensis Hagiomastix c. that these commands doeâ— not binde now because they were Moses Lawes Iewish and abrogated by Christ that we may by these commands as well prove the man Moses is now alive because hee was alive under the Old Testament that if the commands be in force for inflicting of death they be in force in all other particulars commanded by the same Authority with this as that the offenders must be put to death with stones onely as that the whole City must be put to death as the cattle must be slain as well as the inhabitants as that the City must be a heap for ever and never built again that there 's clear particular reasons why the Old Testament Law for putting false Prophets Blasphemerâ— and Seducers to Idolatry to death should not now be in force because the Iewes to whom this Law was given in all difficult cases about matters of Religion had the opportunity of immediate consultation with God himself who could did from time to time infallibly declare what his own mind and pleasure was in them because that corporall punishment was a Type and pre significative of spiritual punishments cutting off then of casting out now as also of eternal damnation to these with divers such like I give these following answers which I desire the Reader to observe First besides the Reasons already given that Mosâ— Lawes in the sense expressed for the punishment of Apostates Blasphemers c. are not abrogated by Christ le ts conâ—ider that Christ by his coming hath not abolished that Law which containes the love of God his glory and honour and the love of our neighbour and therefore neither those things which do necessarily belong unto and make for the love of God and our neighbour nor secondly those Lawes in the Old Testament which the New Testament for the times of it approves of not lastly those commands which are of the light of nature and the Law of nature dictates all which because they are so cleare and generally confessed I shall forbear adding the proofs and refer the Reader for further satisfaction to Zanchius De Magistraâ—â— Quest secunda An Magistratui Christianâ— liceat capitales 〈◊〉 de haereticis sumere page 170. Bullingers Histor advers Anabaptist liv 5. cap. 5. pag. 176. Musculus Common Places de Magistratibus pag. 627. Mr. Burrough Irenicum page 23. But now the Magistrates restraining and punishing false Prophets Apostateâ— Blasphemers c. is an act of the love of God and his glory of love to their brethrens soules of safety and good to Common-wealths is very usefull and necessary for vindicating the glory of God and good of the Church the glory of God and the salvation of our neighbour being by that meanes preserved is â—â—proved of also in the New Testament for the times of the Gospel and is the dictate of nature For the proof of this Assumption I shall make it evident in all the three parts of it For the first that t is an act of the love of God and his glory and of love to our neighbour besides the assertion of many great Divines as Zanchius Calvin Beza Bullinger Aâ—esâ—uâ— c. 't is apparent thus Because in the commands given by God Deuâ— 13. Deut. 17. for the Magistrates punishing false Prophets Idolaters and those who would not hearken unto the Preist the reasons of his so doing and the ends of those punishments imply as much and have reference all along to the honour of God the vindicating his name and keeping others from doing the like as these phrases show That Prophet or that dreamer of dreames shall be put to death because he hath spoken to turne you away from the Lord your God to thrust thee out of the way which the Lord thy God commanded theâ— to walke in And thou shalt stone him with stones that he diâ— because he hath sought to thrust thee away from the Lord thy God And all Israel shall heare and feare and shall do nâ— more any such wickednesse as this is among you If there be found among you 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 then shall thou bring that man or that woman which have commâ—tted that wicked thing unto thy gateâ— and shalt stone them with stones till they die So thou shalt put away the evill from among you And the man that will dâ—e presumptuously and will not hearken unto the Preist c. even that man shall die and thou shalt put away evill from Israel And all the people shall heare and feare and do no more presumptuously which passages fully hold out the Magistrates punishing Blasphemers Idolaters c. to be an act of love to God and the people yea of zeale to his glory and the salvation of the people that sentence so thou shalt put the evill away from among you saith Peter Martyr is in the Law of Moses the fountain of all punishments of wickednesses against the second Table as of transgressions against the first And therefore if the Magistrates punishing of Murther Theft Adultry c. for
Kings As also because those reasons and ends appointed for punishments of the second Table as to take away the evill as that others shall bears and feare c. which showes punishments are acts of love are given for a ground of punishing Idolatry false Prophesying c. yea set downe more expressely in those commands then in the others with other reasons too as of turning thâ—t away from the Lord thy God which implies also love to God and our Brethren What followes hence then Therefore those preceps which God hath given Magistrates of punishing Offenders Hereticks subverters of Religion are not abrogated by the coming of Christ because by that meanes the glory of God and the safety of our neighbour are preserved Commands to Magistrates for punishing in matters of Religion being no more against Christian charity then punishment of Traytors seditious persons theeves c. and therefore as they are not abrogated by the coming of Christ so neither are these The old Anabaptists as Bullinger shows at large in that excellent book of his who were against Magistrates punishing in matters of Religion and that al those commands in Deut. 13. c. were meerly Mosaical and abrogated held as wel those commands for punishing murtherers theeves c. to be abrogated and that among Christians no offences should be punished with prisons mulcts death but only Excommunication and among other reasons they gave this because it was against brotherly love which they urged equally against bodily punishments for transgressions against the second Table as they did for punishments against the first and indeed Lucas Osiander with others who write against Anabaptists for denying that Christians may be punished with outward punishments for any offences show they bring the same Arguments as that in Matthew 13. of the Tares c. which the Patrons of Tolaration doe now against the Magistrates coercive power in matters of Religion but Bullinger showes very well at large that those commands given in Exod. Deuter. Levit. of punishing capitally in some transgressions against the first and second Table were according to the Law of love and that by the same reason by which the punishing by the Magistrate in matters of Religion is against Christian charity the punishing of theeves seditious and flagitious persons will bee so to And Bullinger askes the question whether it had not beene more agreeable to love if in the beginning of the tumult of Muâ—ster in West-phalia a few seditious knâ—ves had beene put into prison and according to their demerit punished then that whilst no man is punished for his conscience such a horrible slaughter of many should follow and the Anabaptists should farre and 〈◊〉 destroy all with fire and sword Secondly that the Magistrates punishing of Apostates and false Prophets is approved of for the times of the Gospel I shall speak to it fully in the 19. and 20. Thees and therefore will not anticipate my selfe onely say this that in Zac. 13. v. 2 3. a Prophecie of the times of the Gospel we finde the same thing almost the same words which are in Deut. 13. 6. Thirdly t is the dictate of nature t is of the law of nature and of all Nations to punishâ—men for violations in Religion as well as for matters of life and goods I will not here enter into a large discussion of that question what 's requisite and how many ingredients go to make a thing of the Law of nature and how Jus Naturale and Jus positivum differ I shall referre the Reader in this question to many learned Tractates and Discourses of it by the Schoolmen and Casuists to Popish and Protestant Divines particularly to Amisius Cases of Conscience Book 5. first Chapter De Jure Voetius Theses De vecat Gentium part secund De Jure Justitia Dei. Master SELDENS De Jure Naturali Gentium first book throughout especially the third and eight chapters Master Burges Vindiciae Legis 6. 7. and 8. Lectures Master Cawd Master Palm Sabbatum Redivivum cap. 1. pag. 11 12 c. I will build only upon that which all learned men who have written of the Law of nature grant viz. that to hold there is a God and that that God is to be adored and worshipped is of the Law of nature yea it is principium juris naturalis Musculus in his Common Places de lege nature p. 36. and de legib pag. 139. showes t is of the Law of nature to have a sense of a Deity and that this Deity is to be worshipped and feared So that from the beginning among all men some Religion hath alwayes beene received So Purchas Pilhrimage chap. 6. p. 26 27. Among all the lessons which nature hath taught this is deepliest indented Religion The falshoods and variety of Religions are evidences of this truth seeing men will rather worship a Beast stock or basest creature then professe no Religion at all It is manifest then that the Image of God was by the fall depraved but not uttrerly extinct among other sparks this also being raked up in the ruines of our decaied nature some science of the God-head some conscience of Religion Now all those Nations whom the Law of nature instructed to beleeve and worship a Deity it instructed also not to suffer their God and the Religion they embraced to be openly blasphemed and spoken against and I doe not beleeve any instance can be given of any Nation or body of people among the Heathen formed into a Common-wealth who punished not A theists and Blasphemers of their Gods The best Writers and Historians among Heathens and of Heathens as Cicero Seneca Plato Aristotle Plutarch Livie Justin Diogenes Laertius Caelius Rhodiginus Diodorus Siculus Herodotus Xenophon assure us of Lawes and punishments enacted by Princes and States in matters of Religion And other Historians who write Histories of the World of all ages and times as Sir Walter Rawleigh Purchas c. give us many instances in this kind among all sorts of Religions and people Whence 't is that so many learned men Zanchius Musculus Peter Martyr Beza with divers others finding lawes and punishments of this nature so common and generall among Commonwealths and Kingdomes and that in so many examples recorded in the old and new Testament and in other Authors make punishments by Magistrates for violation of religion to bee of the light of nature as they doe the knowledge of a God and that hee is to bee feared and worshipped Bullinger in his fifth book against the Anabaptists fifth chapter in answer to the Anabaptists affirming the commands of punishing in matters of religion belong to Moses sword are mosaicall from which Christians are now freed saith that this coercive power was not by Moses then instituted as being never before and as a ceremoniall law which should cease in the time of Christ but from the beginning this law as natural and necessary was appointed by God For all the old Magistrates
p. 170 171. Beza De Haeretiâ—is a Magistratuâ— puniendiâ— p. 152. 154 155. and by Zepperus in his explanation of the mosaicall judiciall laws first Book c. 10. page 72. and 4. Book chapt 2. p. 243. where hee makes the lawes against the false Prophet teaching publikely the private Seducer the publike defection of the whole City c to bee appendixes of the first command and of common right and particularly in the third chapter of that fourth Book proves by severall Reasons the punishing of false Teachers Hereticks Blasphemers ought to bee perpetuall which learned Authors notwithstanding grant the kinds of punishments the particular forms of those lawes and as they were given of Moses to bee constitutive of the Jewes pollicy to be changeable and not binding The kinds of punishments are taken away Christ would not have the Gentile Magistrate to be bound to those lawes for the kind of punishments which were given to the Jewish Magistrates but notwithstanding punishments in generall are not taken away but commanded In the constituting the kind of punishment there seems a peculiar reason to have been had of that Nation There were certaine peculiar things in those lawes that doe not now belong to us which particulars being taken away there are two things by vertue of those lawes remaine First that defection from the true Religion and seducing to tha defection should be punished by the Magistrate noâ— Secondly that Capitall punishment should be inflicted according to the greatnes of the Blasphemy and wickednesse upon factious and seditions Apostates For of such account ought the Majesty of God to be among all men in all ages of the world that whosoever shall despise and mock at that be who speakes evill of the Author of life is most worthy to have his life taken away So Zanchius De Magistratu Quaest secunda page 170. 171 172 and Beza De Haereticis a Magistratâ— pâ—niendis page 154 155. speake and therfore according to that three-fold distinction laid down page 53 54 55. of this Treatise this law in Deut. 13. may be in force 1. according to the substance and equity of it according as there is a common right in it common to other Nations with the Jewâ— and secondly as it contains a Doctrine made known by God for punishing such offences though wee Christians are not tied to the particular formes of that command according to the Mosaicall law or politie nor as it was given by Moses to one people nor to the utmost vigor and severity of it expressed in every particular which being in force under the Gospel but in this sense thus far fully makes good that which t is brought for the Magistrates coercive power under the new Testament to punish false Prophets Apostates c neither does the abating somewhat of the rigor of the Law sutable to the Mosaical Paedagogie or the relesiang of the particular forms of that Law the kind and manner of punishing abrogate all punishment and restraint For we may easily conceive and wee often see it in experience the rigor and utmost severity of a Law in regard of some circumstances abated and yet not all punishment neither the substance of it taken away and indeed if wee consider what the judiciall Law concerning punishing in criminall matters is as t is laid downe by divers learned men Beza Zepperus Amesius viz. that law which doth peculiarly explicate that part of righteousnesse and equitie concerning executing justice and judgement or the most accurate determination and fit application of the naturall right according to the speciall and singular condition of that people it must needs follow that though those circumstances which were proper to that speciall estate of the Jewes are ceased as of necessity they must the State of the Jewes being changed yet the things themselves as abstracted from their relation to the Jewish Church and state cannot be abolished as being naturalis juris which still doe hold forth to us the best determination of naturall right as Amesius speaks as the changing of the fashion forme and proportion of a mans clothing and apparell cannot alter a mans substance and person so neither can the forms and manner of the judiciall Law by which it was fitted for the Jewes condition as a garment is to a mans body take away the Law it selfe so that judicias being â—othing else but naturals and morals clothed for a time after such a manner to fit the nature and manners of such a people that time and people being passed away the substance viz. what 's naturall and morall must needs remaine Fifthly as to those other inferences added by Hagiomastix page 50. 51 52. to the former that if the obligation of the Mosaicall Law for putting Blasphemers Idolaters c to death was intended by God to continue under the new Testament why was the Apostle Paul so farre from enjoyning a beleeving brother to detect or to put to death his Idolatrous wife that hee doth not permit him so much as to put her away from him if the Law in question was to continue in force under the Gospel then was every person in an Idolatrous state and kingdome whilst it remained Idolatrous bound to seeke the death one of another yea to destroy one another with their own hands Yea the civil Magistrate was bound to sentence all his subjects that practised Idolatry to death without exception and to make a bloudy desolation throughout all his dominions then were beleevers in Idolatrous states and kingdomes upon their respective Conversions to the Christian faith bound to accuse their neighbours being Idolaters and Blasphemers round about them before the Magistrate especially if hee were a Christian and to require the execution of this Law of God upon them to have them put to death I answer M. Goodwins Ifâ— Thens proceed either out of the grosse ignorance of the state of the question of Toleration and scope of Deut. 13. or elsefrom a designe to delude and abuse the people with a show of some reason which though hee knowes in his conscience very well hath no waight at all yet he thinks will serve to mislead his followers who takes shadowes for men For whereas the question about punishing men with death or other severe punishments in cases of Idolatry and false Doctrine is understood by all Divines who write of the Controversie in case of Apostasie and defection meant of those who have once known and received the Christian faith and not of Jewes Turks and Pagans of Magistrates also in their owne jurisdiction and Territories not others and when it may bee with the safety and for the good of a Nation and Kingdome not to the manifest destruction and ruine of a Kingdome as he may find in the writings of many learned men who have writ upon the Question Calvin Beza Zanchius Bullinger Danaeus Musculus Gerardus Baldwins cases of conscience Zepperus Videlius Voetius Master Rutherfurd c and is evident
Lords holy One the glorious Ordinance of the Oracle of God among the Jewes by which they inquired and consulted immediately and received Sentences and Answers immediately and infallibly from the mouth of God to be appointed of God or ever made use of by the Priest upon the desire of the Magistrates and Elders in cases of resolving doubts whether this or that was Blasphemie Idolatry false prophecying and thereupon putting to death Blasphemers false Prophets Seducers to Idolatry Hagiomastix gives no place of Scripture at all for proof and upon serious perusall of all places of this kind both of commands and examples for punishing false Prophets Idolaters c I doe never find the Magistrates were commanded in those cases to enquire by Vrim or ever practised it Let Deut. 13. Deut. 17. Levit. 20. 2. 3 4 5. Deut. 18. 20 21 22. Levit. 24. 16. with the examples of Asa Josiah and others bee lookt into and wee shall not finde a word spoken of concering the deciding who were or who were not or killing false Prophets and Idolaters upon receiving an Answer from God by Vrim and Thummim but stil the grounds expressed of proceeding against them are upon the Law of God the nature of the sins and other reasons of a common nature and among the signes and marks by which false Prophets are to be known this discovery by the glorious Oracle is none of them but the thing following not nor comming to passe which was spoken in the name of the Lord their prophecying in Baal and causing the people to erre their strengthening the hands of evill doers that none returns from wickednesse their saying unto them that despise God Ye shall have peace and unto every one that walketh after the imagination of his owne heart no evill shall come upon you with divers such like as is evident by Deut. 18. 22. Jerem. 23. 13. 14 17. and many places out of Moses and the Prophets In Joshua 22. when the children of Israel heard of the two tribes and a halfe building an Altar they did not before they gathered themselves to goe up to warre enquire by Vrim and Thummim whether it was Idolatry or not and when an Answer was given to Phinebas and the ten Princes that they had not built an Altar to turne from following the Lord but only for a witnesse between them and the rest of the Tribes that it might not besaid to their children in time to come ye have no part in the Lord Phinehas the Priest and the Princes of the congregation did not consult the Oracle spoken of to be resolved in this Controversie Thus Asas and the Peoples entring into Covenant to put to death men or women for matters of religion was not founded on an Answer by Vrim and Thummim but upon whosoever would not seek the Lord God of Israel and for Asa's putting down Maachah his Mother from being Queen because she made an Idol in a grove there is not the least hint expressed of his consultation beforehand with that glorious Ordinance of the Oracle of God whether she was such a kind of Idolater and her Idolatry of such a nature as she was to be punished with that punishment of being removed from being Queen Josiah in all the exercise of his coercive Power upon the Violators of the first Table 2 King chapt 23. in sacrificing some of them upon Altars and burning their bones in putting down others c never enquired by Vrim whether those he killed were such kind of Idolaters as God by the Law intended should be put to death and whether the others were not such So the Priests Prophets and People in taking Jeremiah and saying he shall surely die and that he is worthy to die they pretend not to passe sentence upon enquiring by Vriâ— but upon his prophecying in the name of the Lord This house shall be like Shiloh and this city shall be desolate without an inhabitant Jerem. 26. 8 9 11. which they judged a Prophecying falsly upon mis-underst anding some Scriptures as appears plainly by those words why hast thou prophecied in the name of the Lord saying This House shall bee like Shiloh and this City shall be desolate without an inhabitant For because of Gods promise concerning the Temple that he would abide ever there Psal 132. 14 They presumed that it could never perish and accounted all preaching that looked that way blasphemous Matth. 26. 61. Acts 6. 13. of which see more in the late Annotations of our English Divines upon the 9. verse And Jeremiah in his judicial defence to the Court and Councell for so it appears it was a Court by verse 10. 16 17. speaking of certaine Elders of the Land rising up and speaking to the Assembly of the People pleading his immediate call from God to prophecie against the Citie as his Answer against their accusation and in all the contestation and Controversie that was between the Princes and certaine of the Elders and the Priests Prophets and People concerning Jeremiah's being worthy to die neither Jeremiah nor the Priests Elders and People that were for his being put to death or against it once offer for deciding this difficult case and doubtfull matter to propound the enquiring by Vrim and Thummim but both sides plead the case upon Scripture Grounds and examples as hee who reads the chapter may easily see and certainly if enquiring by Vrim and Thummim had been appointed of God and practised by the Church as the Oracle to which in all difficult cases about matters of religion the Iewes were to repaire by which to judge whether such things were Blasphemie Idolatrie Prophecying falsly yea or no and whether the persons were such kind of Blasphemers false Prophets Idolaters as the Law intended should be put to death it is strange that in all this sharpe contest and great Controversie about accusing Jeremiâ—h for prophecying falsly and arraigning him upon his life neither himselfe nor his enemies none of the Priests Princes Elders People nor Jeremiah should once move to enquire immediately from the mouth of God by Vrim and Thummim the infallible Resolution of this question whether Jeremiah prophecied falsly in the name of the Lord and deserved to dy And therfore from this and all the Premises yea upon serious searching into all places of Scripture that speak of Vrim and Thummim and of those who enquired of the Lord in that way and comparing them together with the helpe of many judicious and learned Interpreters besides consulting Divines who have written of Vrim and Thummim I cannot find the least Ground that the Iews either were commanded or ever made use of enquiring by Vrim to bee satisfied in judiciall Proceedings whether this or that was Idolatry or Blasphemie or this man an Idolater or false Prophet or no but they proceeded in those things by the Law of God given to them and in difficult cases too hard they were enjoyned to goe to the Priests by way of consultation
there is a Hell and eternall Death for all wicked impenâ—tent persons and a Heaven and eternall life for the Elect and true beleevers that for a Christian to worship and serve the Sun Moon and starres or foure-footed Beasts and creeping things is Apostasie and Idolatrie that to revile scoffe at and speak reproachfully of God is to blaspheme God that for a man to say God revealed to him the day of judgement should bee on such a day or such and such things should come to passe at such a time when the contrary is manifested to all be not to prophecy falsly and so I might instance in many more Unto which question if Master Goodwin answers affirmatively that Magistrates may in these and some other points of Religion infalliblity and certainly know the truth then the universall Toleration pleaded for by him in M. S. Some modest and humble Quaeries concerning a printed Paper entituled an ordinance for the preventing of the growing and spreading of Heresies c Hagiomastix Appendix 〈◊〉 Hagiomastix and other his Pamphlets falls to the ground and the Ordinance presented to the Honorable House of Commons for preventing Heresies and Blasphemies may take place and the Inflicters of heavy censures upon such who broach Doctrines contrary to these viz. that there is a God that he is perfectly holy â—ternal that hee is one in three persons c may infallibly know such Opinions are not the sacred Truths of God and the câ—eer reason of Hagiomastix in this 36. Section against the old Testament Law for putting false Prophets c to death now is of no force at all for in these Principles of religion named and divers others as the resurrection of the dead that Christ is God that Christ according to his humane nature was borne without sin c Christian Magistrates walke no more at midnight but at noon day then the Iewish Magistrates in cases of Blasphemie Apostasie Idolatrie Prophecying falsly c. are as certaine and sure as they who received Answers under the old Law in matters of Religion of Idolatrie Blasphemie supposing there had been any such from the Priests by the judgement of Vrim But now if Master Goodwin dare answer negatively that there is no infallible certaine knowledge in any point of Religion under the new Testament no man infallibly and certainly knowes that there is a God or that this God is holy perfect eternall that there is a Iesus Christ who died for our sins and rose againe from the dead that there is a resurrection of mens bodies and a day of judgement c t is all opinion and probabilitie the contrary may be the Sacred Truths of God and therefore there may be no punishing by death or other bodily punishment for holding any Doctrines or Opinions in Religion suppose contrary to admonition which for ought the said inflicters know except they make themselves infallible may be the sacred Truths of God I say and am ready to prove it against him that he overthrowes the Scriptures all Christian Religion all Faith yea all the comfort and salvation of Christians hee is a Sceptick an Antiscripturist a Newtrall in Religion and an Atheist Hee justifies the worst of the Papists in all they have written against the Scriptures calling it a nose of wax a dumb judge inkie Divinity c. for to hold nothing can bee known certainly and infallibly by the Scriptures is to make them a nose of wax an imperfect weak rule a doubtfull Oracle like that of Apollo's For if the Trumpet give an uncertaine Sound who shall prepare himselfe to the battell so likewise except the Spirit of God have by the holy pen-men uttered words that may bee understood how shall it be known what is written for this would make the Scriptures be as a speaking into the aire but as concerning that point of the Church under the new Testament knowing infallibly and certainly the Christian Religion and matters necessary to salvation both in faith and worship as the Church under the old by Vrim I shal speak fully to it in the seventh answer to this Reason only for a conclusion of this third Answer I adde I much wonder seeing under the new Testament according to Hagiomastix Doctrine no Magistrates nor Synods can be certaine in doubtfull cases about matters of Religion but the best Oracles Magistrates have to consult with are every way obnoxious unto error and mistake and that the wisest and most learned of them are not able cleerly or demonstratively to informe the Magistrate what blasphemy or what idolatry it was which was by God sentenced to death under the Law though by the way I must check Master Goodwins confidence for I who am the least of all the Ministers of Christ and not to be named with the wisest and most learned of them am able cleerly and demonstratively out of Deut. 17. 2. 3. 4. 5. to informe the Magistrate and Master Goodwin too if he will bee informed what Idolatrie it was which was by God sentenced to death under the Law viz for a Iew to goe serve and worship the Sun or Moon how Master Goodwin and divers Members of his Church come to be in many controverted points doubtfull cases about matters of Religion so confident and certaine as they make themselves certain that Presbyteriall Government is not Jure Divino certaine that Christian Magistrates may not exercise their coercive Power in any matters of Religion no not to the restraining of Blasphemie Idolatrie Heresie Scisme most certaine that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 credere faith in a proper sense is imputed to justification and not Christs Righteousnesse certaine that the way of the Congregation is the truth and so I might instance in divers other points To be confident as confidence it selfe can make a man to bee as sure as twice two makes four to have abundant satisfaction from God for what a man holds in pregnant strong cleer and rational demonstrations on the one hand and distinct clear and home Answers to all objections to the contrarie on the other hand that if light be light reason reason sense sence Scriptures Scriptures then such a Doctrine is truth that though the whole world should rise up as one man to oppose yet that should not shake nor unsettle a man in it is to attaine to a high measure of certaintie and infallibâ—litie Now whoever hath but read with due consideration Mr. Goodwins writings cannot but take notice in them of many high strains and professed solemne Declarations of his absolute certaintie and full demonstrative knowledge of many Points of Religion yea of some more doubtfull controverted as of Church-Governement and the way of the Congregation and yet I suppose hee hath no better Oracles to consult with then Christian Magistrates have There is no Priest with Vrim for him to enquire by unlesse the Sectaries have set him up as their Oracle to consult with in stead of the Scriptures and I think he will not
verses about false Prophets neither doe they give out signs or wonders to confirme their calling the parties instanced in the text being of daughters to Fathers Wifes to Husbands c were not likely so much as to pretend to them the name of Prophets speaking by inspiration of some deitie but rather drawing by their neernesse of relation intimatenesse of affection opportunities of private and constant converse which many phrases in those verses the wife of the bosome thy friend which is as thy owne soule entise thee secretly thou shalt not censent unto him neither shall thine eye pity and such like imply and yet these are commanded to be put to death as well as those Prophets who openly and bodily gave out signs and wonders to confirme their being Prophets of which the Reader may be further satisfied by reading Junius his Analytical explication on Deut. 13. And as Moses in that former part of the chapter showes plainly contrary to the affirmation of Hagiomastix and other Libertines that others who perswade men to the worship of a false god besides those who pretend themselves Prophets are to be killed so in the latter part of this chapter from v. 13. he layes downe how they are to be put to death also that are guilty of Apostasie that have suffered themselves to be drawn away from the true worship of God to other gods who are so far from comming under the notion of false Prophets endeavouring to perswade men to the worship of a false God and that by affirming they spake by the inspiration of some deitie as that they fal not under the Title of Seducers at all but the seduced and therefore Iunius writing upon this Deut. 13. analyzes the whole chap. concerning Apostasies into two First the Authors entising to Apostasie in the first 11. verses Secondly those who are guilty of Apostasie who suffer themselves to be withdrawn from the worship of God in the latter part of the chapter and he showes this is another part of the chap. in which Moses speaks not of those seducing false Prophets nor the clandestine Seducers but of those who yielded to their Seducements particularly of those who publickly to the view of all are Seduced and being in publick Order as a City rest in that Apostasie by the publick authoritie of men falling from God and openly defending that impietie So Deut. 17. from verse 2. to verse 8. sets downe a Law for putting to death those who are Idolaters and Apostates simply though they never went about to entice others Iunius upon this 17. c. observes that this Law differs from that in the 13 chapt the eleven first verses because there Moses speaks of Apostates who are Dogmatists and enticers to Apostasie but here of Idolaters simply In Deut. 17. from verse 8. to verse 13. there is a Law that in ecclesiastical cases in matters of Religion as well as Civil upon going from the lower Iudicatories to the supreme to the high Priest with the Colledge of Priests the man that would doe presumptuously and would not hearken unto the Priest even that man should die which was in other cases then Blasphemie Apostasie Prophecying falsly for it appears by the scope of that place and the stream of all interpreters that in too hard matters for inferior Courts they should goe to the High Ecclesiastical Synedrion and whoever presumptuously disobeyed their sentence according to the Law though in other things then the forenamed Blasphemie c as appears by this place verse 11. 12. speaking of the Law indefinitely with that 2 Chr. 19. 8 9 10 11. compared together mentioning what cause soever shal come to you of your brethren that dwell in their Cities between Law and commandement statutes and judgements should be put to death the ground of which putting to death here commanded was not only from the nature of these sins against the first Table of the highest forme as Apostasie Blasphemie and such like but for other sinnes in points of Religion though lesser when the sentence and resolution of the high Priest with his Colledges was presumptuously disobeyed so that the punishing of wilful scorneful contempt of supreme Ecclesiasticall Government determining doubts and Controversies according to the word of God though in other cases then Apostasie Blasphemie Prophecying falsly is here commanded But having spoken so much of this Deut. 17. already in p. 101. 102 103 104 105 135 159 160. I shal not enlarge further only I shal take my leave of this Scripture by adding a passage out of Master Cottons late Book against Mr. Williams in way of answer to an evasion of his that the capital punishment prescribed against the presumptuous rejection of the sentence of the highest Court in Israel was a figure of excommunication in the Church of Christ Unto which Master Cotton replyes That Law is of moral equity in all Nations and in all Ages Hee that shall presumptuously appeale from or rise up against the cheifest or highest Court in a free state is guilty laesae Majestatis publicae and therefore as a capital offender to be censured in any free common-wealth And certainly if that part of the Law in Deut. 17. of presumptuously appealing from or rising against the sentence of the cheifest and highest Court in a free State being punished with death be of universal and perpetual equitie then punishing so far at least as to restraine those who presumptuously rise up and contemn the sentence of the highest Ecclesiastical Iudicature in a Church going according to the word of God is of universall and perpetual equitie too and the command of God in that text for punishing is against the man that will not hearken unto the Priest as well as he that will not hearken unto the Judge Deut. 18. 20. sets downe a Law that the * Prophet which shal presume to speake a word in Gods name which he commanded him not to speak shal die as well as hee that shall speake in the name of other gods which place of Scripture proves expresly against Hagiomastix that other Prophets besides those that came in the name of false gods and with other false Doctrine then that let us goe after other gods which thou hast not known and let us serve them were to be put to death The command is indefinite concerning speaking any word in Gods name which he commanded not to speak which must needs extend further then a Prophet prophecying only of turning to another God for there were many false Doctrines and false worships against the Jewish Religion besides that of Apostasie to other gods Again the scope of the words and several phrases as if the thing follow not nor come to passe thou shalt not be afraid of him show t is meant of other Doctrine then saying let us goe after other gods namely of Doctrine foretelling of some things to come whereas enticing to goe and serve other gods is de praesenti Learned * Iunius writing
Prophets does not only signifie Prophets as Arias Montanus observes upon that place but foolish speakers and vaine talkers such namely who are the cunning devisers of vaine discourses and by the subtil illusious of words doe catch the people such as Peter speaks of 2 Pet. 2. false Teachers among the people who with fained words deceive among others such especially who when they are confuted by learned men by plain places of Scripture being destitute of all abilitie and means by which to defend them errors that they may delude weak people insolently hoast they have the Spirit all their discourses being full of the boasting of the Spirit their prayers disputations speeches to the People all full of that for which they thinke they should be more beleeved then for all reason testimonies imitating therein Mahomet that Prince of Hereticks who when be could not prove the things he taught then he fled to the authoritie of the Spirit saying the Spirit revealed those things to him Now all sorts of Hereticks and false Teachers besides those Prophets who say let us goe after other Gods are vain talkers and deceivers as they of the circumcision and others Tit. 1. 10. 3 In this place is understood Hereticks and false Teachers as well as false Prophets who teach the following after other Gods from the effects that follow upon the thrusting thorow in the 4. 5. 6. verses so Gualther upon the place saith that it ought to be understood of false Teachers out of what followes it shall be manifest as from saying I am no Prophet I am an but bandman for man taught me to keep cattell from my youth c. That is they shall ingenuously confessé their ignorance that they ought to be sent to the Plaw-taile and to keep cattel rather then to continue any longer in the Ministrie of the Church And this is fulfilled in our age in many Papists who have left many fat Livings and preferments to embrace the pure Doctrine of the Gospel and â—â—bet in the Church of Christ by the labor of their hands to get their living then in the tents of Anti-Christ to enjoy the greatest means Now Papists and such others however they are false Teachers venâ— corrupt unsound Doctrine yet they are not of those who deny the true God and Christ and perswade to serve strange Gods So that by all these places of Scripture opened wee may see fully proved against Hagiomastixs assertion by warrant of Scripture many corruptions in matters of Religion besides false Prophets publickly teaching Apostasie to false Gods outwardly and bodily punished as private Seducers though they pretend not to be Prophets as persons seduced not seducing as those who would not hearken to but contemne the sentence of the supreme Ecclesiasticall Assembly as Hereticks and false Teachers and whoever would see more of these instances of Magistrates punishing for corruptions of religion in points of wil-worship Sabboth breaking c let them look back to page 27. 28 29 of this present Tractate Secondly Supposing there had been no other commands nor examples for Magistrates under the old Testament putting to death for matters of Religion then those named by Hagiomast of false Prophets Apostates Blasphemers which is not true as I have now shown in this first Answer and page 28. of this present Book yet these were sufficient grounds to justifie the Magistrates punishing in like cases and that upon these Reasons 1. In all Laws and commands for the better knowing their nature what they require and would have t is good looking into the causes and reasons of them why such Lawes were given by God from the cause of making the Law the mind of the Law-giver is to be understood T is a knowne maxime Ratio legis est mens legis the reason of the Law is the mind of the Law Now the reasons and causes of both those commands both against false Prophets as also private Seducers in Deut. 13. from 1. to the 12 are 1. the seeking to turne men away from the Lord their God and thrusting them out of the way which the Lord commanded them to walke in 2. The putting away the evill from the midst of them that others may hear and fear and do no more any such wickednes among them these are the Spirit and substance of these commands that those are to bee punished who when they fal from God themselves tempt others to the like defection and therefore are to bee made examples that others may not doe the like And therefore whoever seeks to turne men away from the Lord God and thrust them out of the way which the Lord hath commanded them to walke in they come within the compasse of these commandements although they doe not tempt to goe after the false Gods of that time and those Countries which the false Prophets then enticed them to for the reason of the Law is expressed in a universall forme against those who seek to turne men away from the Lord their God and to thrust them out of the way which the Lord commanded them to walke in as Beza observes and therefore to be in force against those in generall who doe fal from the true Religion and enticers also which is done other wayes then by falling to the strange Gods in those times that Moses writ in yea the command it selfe verse 5. in the letter mentions as speaking to turne men away from the Lord their God so to thrust out of the way which the Lord their God commanded them to walke in which certainly in the Scripture sense and acception includes other Apostafie and Idolatrie then of other Gods and I aske whether Israels worshipping the golden calfe and the ten Tribes worshipping the golden calfe at Dan and Bethel though they worshipped Iehovah in and by them were not a going out of their way which the Lord their God commanded them to walke in Secondly It is common and usual that in the commands concerning the worship of God and in other places of Scripture where the worship of God is spoken of there are Synecdochicall speeches intending and containing many other things of like kind and nature although not formally and literally expressed Eliah whe he complained of the whole Covenant of God violated by the Israelites expresses it by a part thrown down thine Altars and slaine thy Prophets The Prophet Isaiah prophecying of Egypts embracing the true religion saith Egypt shall sweare to the Lord of hosts under that expressing the whole worship of God The commands of God are exceeding large and broad comprehending many things under one Rivet in his explication of the Decalogue among other Rules hee gives for understanding of the commandements hath this that in all the Precepts of the Decalogue we must acknowledge a Synecdecâ—e in which one kind being propounded all under the same genus are understood But that that Synecdoche may be rightly explained before all things the Scope of the Law-giver in
non est nobis Christianis â—ttendendum in religione quid dictitet lumen naturae sed quid nobis sanctae Scripturae praescribant quae ad hoc sunt datae ut ad omne bonum opus instructi red daemur licet 〈◊〉 in iis quae fidei nostra mysteria concernuâ—â— non sit câ—asulendu lex naturae sed magis sacrae Scriptura simul tamen conteâ—â—i 〈◊〉 debent quae diviâ—oconsilio 〈◊〉 â—estric naturaliter â—sureâ— inscripta qualis est lex illa quam naturae vocamus cujâ—â— nobis directionem Prophetae Christus Apostoli commendant * O Vtinam bodie amputentur omnes illi falsi Doctores ac Pastores qui â—â—â—pus Ecclesiarum Christi sic occupant ut inde avelli non posse videantur nisi quemadmodâ—m vesâ—es ferro exciduntur abjiciuntur iâ—a ipsi quoque forti â—anu pâ—r Christianos Magistratus â—mputentur quâ— salus fidelium quae periâ—litatur recuperâ—tur * De Haeresi p. 611 612. De illis hereâ—icis loquer qui et si graviter errent haud tameâ— blasphemi sunt adversus Deum Blasphemum lex Dei vivere non patitur * Musculus in quâ—tum praecept pag. 81 82. non dico simpliciter ad solos Israelitas pertinere Decalogi hujus observantiam sed quateâ—us pertinet ad legem Mosaicam tabulas â—abet foederis à Deo cum Israele initi Hacteâ—us utique neque Gentes neque Christianâ—s constringit sed solos Israelitas quos legis hujus dispensatio peculiariter nominatim concernit Interea tamen scienduâ— est quae in hoc Decalogo 〈◊〉 nentur quatenus in sesunt bona justa aequa pia ad legem naturae pertinent hactenus illorum observantiam pertinere ad omnes Quatenus Israelitis per Mosem legaliter est traditus solos Israelitas legaliter constringit quatenus vero cum lege naturae justitia equitate consentit non solos Israelitas sed omnes homines ad sui observantiam habet obnoxios Muscul de legibus 141 142. Episcop Winton opusc pag. 145. Ames lib. 5. cas consc cap. 1. Mepul lib. 2. cap. 13. * Judiâ—iales leâ—es proprie illae fuerunt quae cum non fuerunt caremoniales singularem populum Judaicum respectum habuere ita ut ratio causa fundamentum earuÌ„ posituÌ„ fuerit in illius populi peculiari aliqua çonditione Leges igitur illae quae judicialibus annumerari solent tamen in ratione sua nulluâ— singularem respectum habuerunt ad conditionem Judaeoâ—um magis quaÌ„ aliorum populorum illae omnes sunt juris moralis ac naturalis omnium populorum communes * Kekerman lib. 1. cap. 7. Dâ— praedicam Substantiae lib. 1. cap. 21. Burgerdis Institut Logic. l. 1. c. 13. c. 4. Seton Log. De Substantia Substantia quà substantia non variatur gradibus seu non recipit magis minus Substantia eadem numero permanens potest contraria accidentia in se suscipere Accid communia recipiunt gradus Accidens est quod adest abest sine subjecti interitu Accidentia sunt seperabilia à subjecto * Cas Cons lib. 5. cap. 1. De Jure * Zepperi Mosaic Leg. Forens explanat l. 1. c. 6 de varia legum mosaicaruÌ„ composit pag. 36. 37. Decalogus sane ut nt mere moralis immutabilis perpetuus videri queat aliquid tamen cereminiale forense admixtuÌ„ habet Quintum praeceptuÌ„ morale est quatenus parentibus a liberis honorem exhiberi vult judiciale politicum quatenus terrae Chanaan benedictionis in illa promissionem continet Ceremoniale in super aliquid quatenus Chananaea terra typus erat caelestis illius patriae vid. ibi plura Rivet explicat Decal p. 12. promissio enim addiâ—a praecepto quinto expresse loquitur de terra-quam Deus erat daturus populo quae hoc tempore nos non respieit * Danaus in Tim. 2. Epistol Dedicat. in cap. 3. v. 15. cap. 5. v. 14. * Apologet Narration Meere circumstances we except or what rules the Law of nature doth in common dictate ☞ * The stoning to death with stones Idolaters false Prophets was not essentiall as Zach. 13. 3. showes who there prophecies they shall be thrust through not stoned ☞ * Beza De Haeret a Magistr Page 154. Judicialis autem Lâ—xeam duntaxat justitiae aequitatis parteÌ„ sigillatim explicat quae in iis rebus versatur de quibus judicia constituta sunt * Ames lib. 5. Cas Consc cap. 1. de jure ista Lex judicialis quae per Mosen traditae fuit Israelitis ut eorum propria fuit ipsis accuratissima determinatio accommodatio juris naturalis secundum illius populi singulaâ—em determinationem Ista Lex ad Christianos pertinet tantum sub ratione doctrinae quatenus vel generali sua natura vel proportionis aquitate exhibet semper nobis optimam naturalis juris determinationem ☜ Calvin Refutâ—t errorum Serveti in Quaest an Christianis Judicibus Hâ—reticos punire liceat p. 59â— * Cretensis p. 11. * A letter by way of Answer to a letter of Mr. Vicars A candle to see the Sunne Apolog for some passages in Hagiomastix by divers Independents * Viz. that of Deut. 13. 5. 9 * Eusebii Eccles Histor lib. 7. cap. 29. * Rivet explicat Decal p. 209. * Theod. Hist Eccles lib. 5. cap. 20. * Appendix to Hagiomastix Apolog. of some of Mr. Goodwins Church for Hagiomastix A Candle to light the Sun Whitak disput de sacra Script contra Bellarm. Staplet De Scripturae authoritate perspicuitate interpretatione perfectione John Whites way to the true Church Rob. Baron Apodixis Catholica sive Apologia pro Disput. dâ— Firmali objecto Fidei Rivet Cathol Orthâ—dox Tractat. Prim. de Scriptura With divers Pamphlets of Saltmarsh and walwyn for liberty of Conscience ☜ * Juuius in locuÌ„ Narratio de litis contestatione qua accusatur Jeremia v. 11. seipsum defendit Defensio Jeremiae juridicialis absoluta ut vocant Rhetores incipiens concludens a vocatione dei jure ab ipso factuÌ„ afferens * See in Mr. Gillesp Aarons rod blossoming p. 18 19 20. * Aainsworth Annot. on Exod 28. 30. Numb 27. 21. Eleazar shal aske councell of God for Joshua in all doubtfull cases in all their warre c. Diodates Annot. on Numb 27. 21. 2 Sam. 21. 1. Annor of our English Divines on Exod 28. 30. Iuniâ— Annot. in Num. 27. 21. 1 Sam. 28. 6. * Petr. Mart. loc commun Class 1. cap. 7. Weems Christian Synagogue chap. 4. Theodoret. Quaest. in Exod quaest 60. Suara pectus erat Indumenti genus quod Rationale vecabatur tegens cor partem ration alem Quo quidem vestimento cognoscebatur victoria ne an clades bello immuneret ut perspicuum est ex Historiam Regnorum * Petr Mart loc commun Class 1. cap. 7. Hic ut inquit Chambi mos erat interrogandi