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Against Pretended Liberty of Conscience · Samuel Rutherford

Against Pretended Liberty of Conscience, Chapter 23

CHAP. XXIII. The place Acts 5. v. 34. to wit, the counſell of Gamaliel, diſcuſſed, and found nothing for liberty of Conſcience.

THe moſt of the ſtrength of Maſter John Goodwins Argument, ſtands thus, Theomachia, ſer. 2. 11. This doctrine, or way, is either of men or of God (ſaith Gamaliel.) If it he of men, you ſhall not need to repreſſe it, for it will of it ſelfe come to naught; which he proves by the inſtances of Judas and Theudas. If it be of God, it is in vaine to ſtrive againſt it, for it muſt prevaile, and the counſell of Heaven muſt ſtand; for then ye run the hazard of fighting againſt God, and incurring the diſpleaſure of the Romans, by whoſe courteſie and meere grace you have the liberty of capitall puniſhments.

The Grounds that Maſter Goodwin layes downe, are, Gamaliel at this time was a convert,Mr. Goodwins unſound gloſſe touching the counſell of Gamaliel, Acts 5. and tooke on him the patrociny of the Apoſtles.

2. His reaſoning to abſtaine from them is Orthodox and ſound, and from the holy Ghoſt.

3. It holdeth, That when Judges are not infallibly perſwaded, (as theſe were, not knowing the way of Chriſt) to coerce any Religion or way never ſo falſe, is perſecution, ſtraining of free conſciences, and fighting againſt God:

I Judge John Goodwin hath ploughed with the Heifer of Vaticanus, who writes a virulent peece againſt Caloin, and condemnes the burning of that Monſter. Michael Servetus brings the ſame argument.Calvin cenſures both Gamaliel and Iohn Goodwin Commen. in Acts 5. 34. Caeterum ſi quis omnino rite expendat, indigna eſt homine prudente ſententia (Gamalielis) Scio q…dem a multis haberi pro oraculo ſc. eos (Anabaptiſtas) perp…ram judicare vel hinc ſatis clarè pate…, quod hoc modo abſtinendum eſſe ab omnibus paenis nec amplius ullum maleficium corrigendum, verè quidem dicitur non poſſe ullis conſilus diſſolvi quod ex Deo eſt; quod autem ex hominibus minus fi…mum eſſe quam ut conſiſtat, ſed hinc perperam colligitur, ceſſandum, potius videndum quid Deus nobis mandet. vult autem maleficia a nobis coerceri, in hunc finem inſtituit Magiſtratus eoſ que gl… dio armavit, Rom. 13. Vaticanus (ſome thinke it was Caſtalio, adverſus Calvinum) Num. 10: and Bellius, arg. 5.

But 1. Though Libertines eſpouſe and owne the Argument of Gamaliel, as from the holy Ghoſt, to condemn all uſe of the ſword againſt falſe teachers; yet it is Gamaliels rotten Dialemme, not the holy Ghoſts. 2. Abſtaine from theſe men, is according to the medium or reaſon of Gamaliel, ſpeak no boaſting words, Deale not morally with the conſcience, though ye by office, ought ſo to do, as ſitting in the chaire of Moſes, far leſſe uſe the ſword againſt them. The reaſon is, if the Doctrine be of God, it ſhall ſtand, and ye are no more to fight againſt God, with the tongue, than the hand, and with corrupt reaſon, than with a ſteele ſword; and if the Doctrine be of men, it ſhall fall of will; neither then are you to preach, nor with the arme of fleſh to act againſt them, and the word in the Greeke is, ſtand up from them, foreign and in the Syriack, foreign omittite eos, v. 38. Let them alone, v. 38. and the intention of Gamaliel, if he ſpeak as a Convert to Chriſt, (as Goodwin and Vaticanus ſuppoſe) muſt import no leſſe.

2. The Argument is as ſtrong in the matter of adultery, treaſon, bloody rebellion, and murder, againſt the lawfull Magiſtrates power, coercing all diſorders againſt the ſecond table, as againſt Religion or a way of God or of men, by which wee worſhip God, and therefore (as Beza ſayth) The man was no favorer of the Goſpell, but feared the evill that might follow upon the diſpleaſure of the Romans.Piſcator, Nam … …ones humano conſilio & audacia … d…ſſo…v untur …men … Magiſtratus eſt operum dare ut alas conpeſcant, & prohibean, & hujuſmodi Novatores pro merito puniant. And Piſcator and *Gualther Dubius & ambigus in ſermone apparet, longe igitur alia illorum Magiſtratuum ratio eſt qui v…ritates vera cognitione illuminati, illam ex officio tueri, & errores extirpare debent.Gualther ſaies well, It was an evill counſell, Gualther ſayth, Since the ſcope of Gamaliel was onelyonly to ſave the Apoſtles from preſent danger, they abuſe this argument, who thereby ſhake all diſcipline civill and Eccleſiaſticall: For the Magiſtrate beares not the Sword in vaine, and ought to extirpate Hereſies by his Office. And Calvin ſaith, It was a ſentence unworthy of a wiſe man, becauſe that which is of God ſhall ſtand, Gamaliels conſequence is null, that therefore the Magiſtrate whom God armed with the Sword ſhould doe nothing againſt ſinne. The conſequence is as ſtrong, in murthers, Paricides, Sedition, as in Hereſies whatever Ʋaticanus ſays in the contrary,Vaticanus, citeth Bullinger, a contrary to Calvin in Gamaliels arguing, but both commend the moderation of Gamaliel. …ut Bullinger ſaith, Adverſus, Anab. lib. 5. c. 8. Nil adeo iniquum & injuſtum de quo dici non poteſt ſi ex deo, perficietur, ſi non ex Deo ſponte ceſſabit. applying this argument only to doctrine, and to plants that our heavenly father hath not planted. For,

1. It is not the purpoſe of Gamaliel to draw his doctrin to ſo narrow a channel as to doctrins only, as if doctrins of men only came to nought, for Gamaliel alledgeth the examples of Iudas and Theudas the Galilean, whoſe fault was not only falſe prophecying, but rebellion and ſedition, for foure hundred armed men gathered to this man and obeyed him, Greeke, foreign. Syriack foreign Et abierunt poſt cum quaſi quadringenti homines, They went after him, as their Captaine in the fields.

And the other Judas of Galile drew away much people; Now they were drawn away, in a courſe of tumultuary rebellion,Gamaliels argument proves as ſtrongly that murtherers and adulterers ſhould not be puniſhed, as that men ought not to bee puniſhed for their conſcience. as is clear by the two words, they obeyed him, and foreign Syriack, foreign diſperſi ſunt, they were ſcattered as an armie of men, then theſe men were not onelyonly falſe teachers, but levied men to riſe againſt authority, as Anabaptiſts doe after them: ſo ſhall it follow, that when men riſe in bloody murthers and inſurrections, we muſt leave them to God; for when they riſe to cut the throats of innocent people, whether that ignis fatuus the foole fire of blind zeale, or a treaſonable deſigne raiſe them in armes, their way is either of men, and ſo God will bring it to nought, and we muſt ſit ſtill and ſuffer our ſelves to be murthered, contrary to the law of Nature, becauſe God will not faile to cruſh theſe novators and firebrands, or their way and courſes of God, and ſo yet we muſt ſit ſtill, and all the moſt juſt defenſive warres ſhall be unlawfull, for if we ſtir one foot againſt them, we run the hazzard of the bold blind Gyants to fight againſt God, it is all one to the dialemme of Gamaliel, whether he ſpeakes of Theudas the Magician or Sorcerer, as Joſephus antiq. lib. 20. cap. 2. and Euſebius, who roſe in the time that Cuſpius Fadus governed Judea, who ſaid hee could divide Jordan, and gathered his men to the banks of Jordan in the fourth year of Claudius; or if it bee Theudas that roſe long before Fadus, before the reigne of Agrippa, who did reigne ſeven yeares under Caligula and Claudius, or who this Iudas was, it is ſure the argument will prove that Magiſtrates are not to draw their ſwords againſt rebells, and traitors, and this ſubverts all policy and Government Civil or Eccleſiaſtical.

3 The Argument, of Gamaliel, cannot conclude that God is leſſe watchful, and leſſe ſevere to take vengeance on Sorcerers, Murtherers, Lions and cruel tyrants, bloody and deceitful men, than againſt new falſe religions, for if the way of Robbers, Conſpirators, Armies that riſe in rebellion againſt their maſters, Covenant-breakers, bee of men, God wil bring it to nought and deſtroy it, as he overturned the way of Theudas and Iudas, as is cleare. God turnes the way of the wicked upſidedown, Pſ. 146. 9. And the bloody and deceitfull man ſhall not live halfe his days, Pſ. 55. 23. And ſo ſhall the old Lion periſh for want of his prey, Job 4. 11. and ſhall want and ſuffer hunger, Pſalm. 34. 10. ergo, Iob or any Magiſtrate ſhould refraine from plucking the prey out of the Jawes of the oppreſſours, contrary to Iob 29. 16, 17. or if the way of Oppreſſors bee of God, and if God have armed them with his power to be a ſcourge, Rulers ſhould not defend the fatherleſſe, the widdow, and the ſtranger, from the pawes of the Lions and Murtherers, but ſhould refrain; why? If Gods power bee with them, we reſiſt the power of God, we fight againſt God. Nor is it enough that the patron of liberty, Servetus and Goodwin tell us in doubtſome things, ſuch as controverſies of Religion, we would refraine from drawing the ſword againſt men, for their conſcience and religion, becauſe we know not infallibly, but their way may be as well or rather the way of God, than our own, and then wee run the hazzard of fighting againſt God Omnipotent; and when it is dubious to us, but it may be the way of men, it is ſafeſt to leave it to God, and that we hold back our hand from offering violerce to them, for God will ſave our labour, and burne the hay and ſtubble of mens droſſie inventions, and what need then is there to file the edge of the Magiſtrates ſword, in a dubious caſe, when we have not certaine…y of faith, that the now Sectaries way is of men and Sathan.

Anſw. 1. Pharoahs tyranny in detaining the people in bondage, notwithſtanding of the wonders that the God of the Hebrews wrought by Moſes, was as doubtſome to him to be Tyranny,The argument of Gamaliel owned by adverſaries readers all the fundamentalls of the Goſpell uncertain, and topick Sc…pticiſme to all the moſt well ſettled beleev…rs. ſince his God-Idol of Egypt did the like wonders by the Magicians, as controverſies of Religion are, and blindneſſe in duties in the ſecond table, when Judiciall, and from the power of the prince of darkneſſe, is as ſtrong and may as much make men excuſeable, and ſhield them from the ſword of God or man, as blindneſſe in the duties of the firſt table.

2 This Anſwer does oyle the head, and flatter the wilfull and malicious ignorance of Phariſees, who both knew Chriſt, and whence he was, and were convinced that the Goſpell was from God, and that the miracles of Peter and John came nothing ſhort of the Miracles of Moſes, in point of glory and power, and by this all the Seducers, even ſuch as ſin againſt the Holy Ghoſt, as did theſe Phariſees, ſhall bee tollerated, becauſe wee know not infallibly, but their Anti-goſpell and blaſpheming of God, and his ſon, may bee the way of God, and therefore we muſt refraine from lifting a tongue againſt them, and they know not but our Goſpell may be the Goſpel, or it may be the divinity of devills, and by this the knowledge of the Elements and firſt fundamentalls of the Goſpell, to wit, that Ieſus died, roſe againe, aſcended to heaven, and through faith in his name, Jewes and Gentiles are ſaved, the only doctrine for which theſe Apoſtles were perſecuted, ſhal be mere Scepticiſme; and an adventuring fluctuation; wee muſt leave to God either to reward and eſtabliſh, or to annihillate or cruſh this way of the Apoſtles: wee muſt not oppoſe it, becauſe no morall man with certainty of faith can oppoſe the moſt falſe way, though as cleare point-blanke contrary to the Goſpel as noon day to blacke midnight, but he muſt run the hazzard of either fighting againſt God, or invading the chaire of God, or of bringing to nought, that which God onelyonly brings to nought, and of ſtriking, but not in faith, him whom God will have us not to ſtrike.

But 3. This argument of Gamaliel, and Mr. Goodwin, muſt conclude that we muſt not ſmite with the tongue, or argue by the Scriptures of God againſt any falſe way. 1. It is dubious to us as to the Phariſees, and to al Chriſtian Magiſtrats who are infallibly in no Goſpel principle, and ſo they cannot in faith draw the ſword where the certainty of faith does not lead them,Gamaliels argument doth co…clu… that w… are not to oppoſe …y arguments and Scriptur…, a…y Blaſphemous way agai…t the Goſpe…. for fear they fall upon Gyant fighting againſt God, in lie… of acts of juſtice. But ſo neither ſhould Vatica…, M…mus, C…lſus, Mr. Go…dwin, nor any ſmite with the tongue Presbyterians, Socinians, Antiſcripturians, or fight againſt their way by Scripture arguments, becauſe their way may bee the way of truth, as wel as yours, and to fight againſt any truth of God, when ye know not, but it may be truth of God, is a fighting againſt God, and ſo al preaching, al writing againſt Heretickes ſhal be a fighting againſt God, for it is no more lawful to fight morally then phiſically againſt God, or his truth, and that without faith and infallibility, for to reproach any precious truth of the ſpirit in Saints, and cal it a lye, muſt be to reproach God and his Son Chriſt, as to deny any truth of God before men, is to deny God and Chriſt before men, Matth. 10. 32. Mark. 8. 38. Luk. 9. 26. 2 Tim. 2. 12, 13.

4. This Dilemma of Gamaliel ſaith, any way or Doctrine of men muſt be refrained from; and nothing can be done by Magiſtrates or Miniſters, nor ſpoken on the contrary, becauſe God himſelf will have it reſerved to him, that he may bring it to nought. Now by this Argument we are not by teaching and Doctrine ſo much as in us lies, to hinder grievous wolves to draw diſciples after them, and corrupt hearers to gather to themſelves an heap of teachers, by preaching the contrary ſound Doctrine, contrary to Acts 20. 28, 29, 30, 31. 2 Tim. 4. 1, 2, 3, 4. Tit. 1. 10, 11, 12, 13. For 1. we are no more to convince, refute, and rebuke falſe teachers, except we could do it in faith and aſſurance, that their way is of men and falſe (ſince all we do, or do not, ſpeak, or ſpeak not, muſt be in the perſwaſion of faith, elſe we ſinne, Rom. 14. 12, 14, 22, 23.) then Chriſtian Magiſtrates can puniſh them with the ſword. 2. We can no more fight againſt a way of God (for ſo the heretick to death under torturing Profeſſeth) and you have no faith, on the contrary (ſay Libertines) with the tongue, nor with the hand. Yea, we can no more labour to ſuppreſſe what God onelyonly, in his ſole prerogative of providence, immediately working ought to ſuppreſſe, and that in a mediate providence of our own making, with preaching, refuting, watching over the flock, ſtopping the mouthes of gain-ſayers, then we can indeavour the ſuppreſſing of it with the ſword.

5. Gamaliel intended to have the Apoſtles, not to be medled with, either becauſe godly men, and Diſciples of Chriſt, as he was; or becauſe their way was dubiouſly, not notively and manifeſtly falſe; if the former, Then 1. Godly men, though in an evill way, though they murther, play the Traytor, Rebell, commit adultery, are not to be any way cenſured. This is the way of Anabaptiſme, that ſets all beleevers above and beyond the reach of the Magiſtrates ſword, and his dilemma cannot have this ſenſe; for if godly men, as godly men are upon this formall reaſon, becauſe godly men muſt not be puniſhed by the Magiſtrate; neither muſt they ever at all be puniſhed for the acts of oppreſſion, or murthering, or treacherous dealing, or adultery, for it is cleere in the perſon of David, Lot, and others, that they remained godly, and Saints, under thoſe acts. 2. It is ſaid, not proved, that Gamaliel being a ſecret Diſciple of Chriſt; as Nicodemi… was, favoured the Goſpell, and the witneſſes of it; for the Text inſinuates no ſuch thing, but that God uſed him as a morall moderate wiſe man, to ſave the Apoſtles from death, for fear of politick inconveniences; 2. Anabaptiſts can have no better grounds then Papists, for Lorinus, Salmeron, and ſome Jeſuites, thinke ſo; they tell us that Gamaliel was the maſter of Paul, Barnabas, and Stephen, and counted among the Martyrs, and that his body was found with the reliques of Stephen and Nicodemus, as Baronius ſaith, Clemens in his Recog. li. 1. c. 9. Beda ſaith, he was a companion of the Apoſtles; but Occumenus and Chryſoſtome ſay the contrary. 3. The beſt can be made out of his ſpeech, is diſſimulation to ſave the lives of the Apoſtles; for 1. he will have the Councell to carry themſelves to the Goſpell, the onelyonly inſtrument of their ſalvation, as Neutrals; and wils them neither to try it, and believe, nor to perſecute it. Againe, if the Councell muſt not dare to meddle with the Apoſtles, becauſe their way was dubious; he proves that the Councell, as Magiſtrates, ſhould not interpoſe their ſword, but leave them to God, by a weake argument, becauſe the Romane Magiſtrates left not Theudas and Iudas to God, Imme…iate … is … the rule of our actions.but tooke order with them, and killed, and diſſipated all their followers; ſo that the contrary followes from his reaſon, That the Councell ſhould not leave them to God, and his immediate revenging hand; for immediate providence cannot be the rule that the Magiſtrate or Church muſt follow in puniſhing ill doers, and in cenſuring ſcandals; the revealed will of God muſt be their rule; but let them alone, becauſe God ſhall bring them to nought, by Gamaliels Logick, ſhal leave the Rulers of Church and State to immediate providence.

6. The Councell had power of Eccleſiaſtick Cenſures, and of caſting out of the Synagogue, at which the Romanes tooke no exception; but this Dialemme proves they ſhould be left to God, as touching all cenſures, and that they ſhould have leave to ruine their own ſoules, and the ſoules of millions, in a pernitious way, againſt Moſes his Law, and the onelyonly true way of God, as they conceived.