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A94081 An essay in defence of the good old cause, or A discourse concerning the rise and extent of the power of the civil magistrate in reference to spiritual affairs. With a præface concerning [brace] the name of the good old cause. An equal common-wealth. A co-ordinate synod. The holy common-wealth published lately by Mr. Richard Baxter. And a vindication of the honourable Sir Henry Vane from the false aspersions of Mr. Baxter. / By Henry Stubbe of Ch. Ch. in Oxon. Stubbe, Henry, 1632-1676.; Stubbe, Henry, 1632-1676. Vindication of that prudent and honourable knight, Sir Henry Vane, from the lyes and calumnies of Mr. Richard Baxter, minister of Kidderminster. 1659 (1659) Wing S6045; Thomason E1841_1; ESTC R209626 97,955 192

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other right tha● Ahabs posterity might have pretended for Naboths Vineyard their Ancestours got i● unjustly and they had possession thereof Where a Total Conquest is made by a general subduing of the land to the will of the Victor the claim arising thence is no better than that of an High-way man to the purse of him whom he hath robbed and whatever subjection is paid upon that account if it be due out of a Religious and not Civil conscience on the part of the vanquished yet it cannot be received by the Vsurper if a Christian he being rather to make a manifold compensation for injuries offer'd than to continue them If the Conquest be but partial and an entrance only made by the sword But the people either because of the Right claimed by the Invader or their unwillingness to suffer the miseries of War or their apparent inability to stand out in a way of Besitance or some other consideration submit to a composition and contract of subjection to the Invader in this latter it is evident the Magistrates power is from the peoples consent and the Government is such as the contract and fundamental agreement makes it to be if it be the first Agreement and the Pretender hath no former Title which remains in force for then this latter is invalid if it include not and amount to a relinquishing and disanulling of the old Being vindicated to our Natural Liberty and acquitted from all Moral subjection that might be due upon such contracts as the violation whereof on the other side had nullified on ours It is the acknowledgment which one of the greatest Patrons of Monarchy doth make that he who takes an oath unto another as our Kings did unto the people is thereby confessed to be the inferiour Jusiurandum ceriè reverent●am cul●um bonorem prae se sert ejus cui praestatur Quo fit ut non Clienti Dominus sed Domino Cliens quanquam inter uirumque officiorum mutua quaedam obligatio est sac amenti religi●ne fid●m obsequ●um a ●stringat Quod si rex populo jurat in leges majorum instituta populum cer●e s●periorem i●o dominnm agnoscit cui non sacienda fugien aeque praes●●bat sed a quo sure legem accipiat Jusiurandum enim auetoramentum est obsequii quod ab homine tenuioris fortunae superiori de●etur Blackvod●us Apolog. pro reg C. 25. it being already shewed that power all just power is derived from the assent of the people that their safety is the end aimed at in the institution of Magistracy and that the Magistrate hath no other nor farther power than the people do conferre upon him I shall as briefly as I can discuss that Question Whether any Magistrate erected and constituted by such as have asserted themselves into freedom or such as may be constituted by them can now or hereafter be supposed to have power in spiritual Affairs and Concerns For the decision hereof it is necessary you remember that the case is not now concerning an outside Religion as the form of Gods Worship nor concerning such a Religion as the speculative part whereof extends no farther than the acknowledgement of an Eternal power and God-head the latter of which was clearly manifested unto all so that they are without excuse Rom. 1. v. 20. And the former being not to be deduced from common Principles nor having been declared by express Revelation might vary according to the different reasons or fancies of sundry Nations and there being no infallible rule for to determine of the right no worship could be censured as wrong That which we are to seek after is a Religion consisting in a multitude of Propositions especially as it is now managed by some that make the greatest noise in our age not to be proved by natural reason and common principles but pure Revelation which is delivered in the Scripture in Tongues disused and a phrase peculiar thereunto and for the explanation whereof Tradition is no way conducible but only the Spirit guiding those that are not reprobate unto all knowledge And as to the manner of the worship which we are to use towards God the regulation thereof only depends upon universal rules such as are Neither in this mount nor in Jerusalem but in Spirit and in Truth Let all things be done with order and decency to the glory of God to edification c. That our Magistrate should entermeddle authoritatively in such spiritual affairs by vertue of any power derived from his creators the People is to me morally impossible as well as unlawful Consider the quality of persons interested in the New Government they are not all under one dispensation nor do they walk all in one light But with variety of gifts sundry divisions of the Spirit and several Talent-distributions Christ in the Gospel-Parable Matth. 25. v. 14 saith The kingdom of heaven is as a man travailing into a far countrey who called his own servants and delivered them his goods and unto one he gave five talents to another two and to several ability and straightway took his journey Then he that had received five talents went and traded with them and made them other five talents and likewise he that had received two he also gained other two But he that received one went and digged in the earth and hid his Lords money This Parable is not to be understood of the Spiritual Kingdom of Heaven in which though there be diversity of gifts yet is there none idle none that bury their talent in the earth for ever until the coming of their Lord and Master But it is understood of that Oeconomy whereby God rules the World in general and it is that Method of Government by which the pillars of the earth are upheld So that however a Parable may be but an evil ground for a rational discourse in it self yet since the experience of all ages under the Gospel doth attest thereunto I shall take it for an unquestionable Truth That there is not onely a great variety amongst the sons of men as to naturall abilities but also spirituall endowments and that in such discr pancy as is the proportion betwixt one two and five talents That according to these Talents gifts and endowments men do act that is Men deport themselves according to the understanding upon which necssarily doth depend the will which they have and not according to what they have not That it is not possible for them of lower gifts and abilities to attain unto the measure of those perfections which are resplendant in men of greater gifts It is with those soul-embellishments as with the eye in seeing the short-sighted cannot discerne those things which are conspicuous enough to quicker eyes The naturall or animall man receiveth not the things of the Spirit of God for they are foolishness unto him neither CAN he know them because they are SPIRITV ALLY discerned But he that is spirituall judgeth all things 1. Cor.
2.14 15. so it is said of the believers whom God makes partakers of an higher dispensation they were borne not of blood nor of the will of the flesh nor of the will of man but of God Joh. 1.13 That God requires it not of them that they should all equally advantage themselves but that he should gain much who hath received much Thus in the parable aforesaid After a long time the Lord of those servants cometh and reckoneth with them And so he that had received five talents came and trought other five talents saying Lord thou deliveredst unto me five talents behold I have gained besides them five talents moe His Lord said unto him well done thou good and faithfull servant thou hast been FAITHIVLL over a few things I will make the ruler over many things enter thou into the joy of thy Lord And he who had received two talents and therewith gained other two even he received the same elogy of a good and faithfull servant But he who had received onely one when he brought it without usury proportionate is called wicked and slothfull and unprofitable Matth. 2● v. 19. c. These severall sorts of men may be differenced into men of a naturall Legall and evang●licall conscience or into Carnall Animall or naturall as our English reads it 1 Cor. 2.14 and spirituall To any of which it may be said what hast thou that thou didst not receive And all these are legitimate inhabitants of the earth and have a right to possesse it and to institute goverments and Magistrates and so to dispose of their liberty Not the one nor the other is to be extirpated The earth hath he given to the children of men Ps 125. v. 16. and 1. Cor. 5. v. 9 10. c. I wrote unto you in an Epistle not to company with fornicators yet not altogether with the fornicators of this world or with the covetous or extortioners or with idolaters for then must ye needs go out of the World But now I have written unto you not to keep company if any man that is called a BROTHER be a fornicator or covetous or an idolater or a railer or a drunkard or an extortioner with such a one no not to eat For what have I to do to judge them that are without do not ye judge them that are within But them that are without God judgeth Therefore put away from among YOVR SELVES that wicked person For them which are wi●hout the Church of God with them he tells the Corinthians they are not to keep a perfect society yet are they not altogether to decline their company not that upon this ground Christians might exterminate them but because such a subterfuge of their company is not consistent with the ordinary posture of affairs in the World To effect that the Christians not the Heathens though fornicators extortioners and idolaters must go out of the World And the reason is added because Christians the most spiritual-minded and discerning Christians even Paul an Apostle not of men nor by man but by Jesus Christ and God the Father who raised him from the dead he hath nothing to do to judge them that are without Put it any man hath associated himself unto any particular Church submitted himself to Church-walking such a one may be put out from amongst the brotherhood not banished a city or nation or imprisoned though he be a fornicator covetous or idolater c. for such his deportment not Christianity but the light of nature is a rule to condemn him and the laws established by consent must punish him These men thus differenced in qualifications having all a Right to provide for their own safety and having been so far from prejudicing that they have assisted each other in the defense of their naturall liberty yea and the two of meaner endowments have promised and declared to protect the third and highest degree of the Kingdom of Christ in their spiritual walkings and faith in our Lord Jesus can no way be supposed to forfeit their share in the constituting of our governors or being protected by them in those ways unto which the light that enlightneth all that come into the World in a greater or lesse measure shall direct them Men embody under Magistrates for upholding civill commerce but they gather into Churches to maintain a spirituall communion These all agreeing in the one-talent distribution which leads them to civil government with punishments for such as offend against it and to the acknowledgement of one God that he is that that he is a rewarder of such as diligently seeke him may set up a Magi●irate to all ends and purposes which have a subserviency to their common good according to that generall way wherein they all agree But as to their particular sentiments arising from different illuminations and prejudices from education c. in reference to them they cannot assent further then a mutuall Toleration The things agitated are of a spirituall nature and spiritually to be discerned so that the animall or naturall man cannot receive them under any other esteem than that of Folly 1 Cor. 2.14 what entertainment then will their proposall finde with them who are fleshly-minded John 3. v. 27. A man can receive nothing except it be given him from Heaven So Matth. 13. v. 11. To you it is given to know the mysteryes of the Kingdome of Heaven but to them it is not given And John 6. v. 65. No man can come to me except it were given to him of my Father If then two parts of three cannot receive understand nor judge of Spirituall things or if they do their judgement is of no more validity then what men of distempered organs say about sensuall objects How is it possible for them to conferre a power on their Magistrate to countenance promote and uphold they know not what or what they in their apprehensions know to be foolishness How can any such act be expected or desired at their hands since he that hath no conscience but to promote an unknown Truth will have none to condemn a known one They who can imagine such a collated power must suppose such men to be most of them fooles in Actions of the greatest and most publique import Nor is it onely Morally unpossible but unlawfull for men so qualifyed to impower any Man or Men unto a Magistracy to judge of Spirituall matters and punish those who dissent from him and such as are not of his minde by death banishment fires imprisonment or incapacity for publique charges For such power cannot be collated in faith now whatsoever is not of faith is sin Rom. 14.23 It were ridiculous to think they can ever agree that should be enacted and pressed as a Savour of life unto life which is to them hidden and unsavoury or a savour of death unto death How can the practicall judgement of man determine of such a thing that it ought to be done when in it's previous acts it looketh