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Against Pretended Liberty of Conscience · Samuel Rutherford

Against Pretended Liberty of Conscience, Chapter 25

CHAP. XXV. Whether the Rulers by their Office, in order to peace, are to ſtand to the Lawes of Moſes, for puniſhing ſeducing Teachers.

JƲdiciall Lawes may be judiciall and Moſaicall, and ſo not obligatory to us, according to the degree and quality of puniſhment, ſuch as is Deut. 13. the deſtroying the City, and devoting all therein to a curſe; we may not do the like in the like degree of puniſhment, to all that receive and defend Idolators and blaſphemers in their City: And yet that ſome puniſhment by the ſword, be inflicted upon ſuch a City, is of perpetuall obligation; becauſe the Magiſtrate beares the ſword to take vengeance on ill doers, and ſo on theſe that are partakers of his ill deeds, who brings another Goſpell, 2 Ioh, v. 10.

2.How Iudiciall Lawes oblige to puni…ment. Though Sauls deſtroying of the Amalekites in that cauſe was morall, in regard they lay in wait for Iſrael, when they came out of Egypt, and ſo of perpetuall obligation, yet the deſtroying of them, 1 Sam. 15. is temporary, and obligeth not us; 1. becauſe that generation were their Sons, not thoſe ſame perſons that oppreſſed Iſrael, when they came out of Egypt, and we may not puniſh the Sonnes for the ſinnes of their fathers with death; therefore Gods po…itive command to Saul, and the reaſon, I remember what Amalek did (in Moſes his time) therefore kill them, does not oblige us, except we had the like command. 2. Becauſe the ſlaying of man, woman, infant, and ſuckling, oxe and ſheep, was temporary, and cannot have a perpetually obligatory ground in the Law of nature or naturall juſtice obliging us. 3. Where there is an injury done to God, againſt the Law of nature, and againſt our brethren, in drawing them from ſerving the true God, and a puniſhment commanded by God to be inflicted once; that puniſhment, or the like in ſubſtance and nature,Profeſſ. L…id. in Syn…p. pair. Theo. Diſp. 40. muſt ever be ſuch as obligeth us in the like caſes. The Learned Profeſſors in Leidon ſay, They can ſee no reaſon but they muſt oblige under the New Teſtament. I confeſſe when the fault is ceremoniall, though the puniſhment be reall, as the cutting off of an infant not circumciſed, and ſome puniſhments inflicted on the Leper, it is not reaſon the Law ſhould oblige us in the New Teſtament, either as touching the puniſhment or the degree. Becauſe theſe puniſhments for typicall faults are ordained to teach, rather than to be puniſhments, and the Magiſtrate by no light of nature could make Lawes againſt unbaptiſed Infants.

4. No man but ſees the puniſhment of theft is of common morall equity, and obligeth all Nations, but the manner or degree of puniſhment is more poſitive: as to puniſh Theft by reſtoring foure Oxen for the ſtealing of one Oxe, doth not ſo oblige all Nations, but ſome other bodily puniſhment, as whipping, may be uſed againſt Theeves. Mr. Jo. Weemes, vo. 3. ca. 38. of the judiciall Law, The determination (ſaith he) in Moſes Law judiciall, was divini juris, and they had greater force to binde the Sonnes, than any Municipall Lawes have to binde Subjects new, in regard they were given by God himſelfe; yet theſe judiciall Lawes (ſaith he) commanded the outward man, whereas the morall Law called foreign ignea lex, Deu. 33. This fiery law pierceth the heart.

Gamachaeus ſaith,Gamachaeus in 12. q. 101. c. 7. Iuditials and Ceremonials are immediately deduced out of the principles of the Law of nature▪ by way of a more remote and obſcure concluſion.

Aquinas ſaith,Iudiciall Lawes were deduced from the Morall Law. by way of divine determination. But the truth is, the propoſition might have ſome ground in the Law of nature, but why 39. ſtripes, not, 40. not 38. only ſhould be inflicted on ſuch an evill doer, and the aſſumption in many judiciall Lawes▪ Thomas, 22. q. 104. art. 2.ſeeme to be an act of the meere poſitive will of God,Swarez de legib. p. 9. c. 11. n. 2. Epiphanius de hereſ. 8 Auguſtinus de haereſ. 8. therefore Aquinas ſaith, Ceremonials primo & per…ſe, firſt and chiefly were ordained to ſignifie things, but Iudicials ſecundarie did ſignifie things to come. And Swarez ſaith, That judi…ials aeceſſarily, and by accident, did ſignifie things. It is true, Cori…thus, … and …erome ſaith,Irenaeus, l 1. c. 26. Auguſ. de her. 9. and the Ebionits, as Irenaeus ſaith, and the Nazarer, as Augustine tels us, hold that Ceremoniais and Judicials do yet oblige. Shoolemen deny their obligation as Soto, Soto de inſi…t. & Jurae l. 2 c. 5. Aquinas 12▪ q. 9. ar. 5.Aquinas, Medina, Ʋalentia, Gamacheus, becauſe the Prieſthood is changed.

Yet let not us go on with Egid-Coninck to ſay,Medina 12. q. 13. ar. 3. q 100. ar. 1. that if it was lawfull to make war with any nation for wrongs done to men, how much more for injuries done to God? for making of war is an act of Magiſtracy,Valentia 22. diſ. 7. q 7 punc. 2. and ſo ſuppoſe ſome jus, ſome power and authority, that we have either by the law of nature, to defend our life,Gamacheus 12. 104. c. 2. peace, liberties, or for avenging of ſuch heineous in…uries done to the Nation as cannot in juſtice be decided, but by the ſword. So that ſin, as ſin, or as greateſt ſinnes,Conink de acti Supe…n diſ. 10. dub. 12. no. 182. are not the juſt cauſe of war, but ſinnes as moſt diſtructive to humane ſociety, for which by the Principles of the Law of nature,True cauſes of war with other Nations. they may be convinced of fearfull breaches; Now theſe that are Idolators, the nations that worſhip God in Idolatrous way, and being of a ſtrange Religion, worſhip a ſtrange God, though they doe the greateſt injury to God that can bee, yet in regard they being other nations as independent on us, as we are on them; and doe it not in order to the deſtruction of our of our paece, liberty, and lives, we have not jus over them, nor authority to make Warre with them, except God gave us a Command to deſtroy them, nor is this a good conſequence, we may by war revenge injuries done to men, erg…, far more, by war, may we revenge injuries done to God: for war is an act of revenging juſtice: that ſuppoſeth ſome authority given of God, over ſuch a nation as we come out againſt in war.

2 Every juſt war is ſome way defenſive, in regard every act of Magiſtracy, is an act of defending of the peace, life, and liberty of the ſociety, or the members thereof, and a propulſion of violence, by violence; and this is the intrinſecal and of Magiſtracy, to hold off unjuſt violence, by juſt and harmeleſſe violence; for if the life of a murther…r be not taken away by the ſword of a Magiſtrate, he will ſtill take the life of another man, qui ſemel …alus, ſemper malus preſumitur, …e that is once wicked, is ſtill preſumed to be wicked, except his wickedneſſe be reſtrained, and to offend a nation or perſon that hath not offended us, muſt be unjuſt violence, and unlawfull war: and to make war againſt a nation that hath worſhiped a ſtrange God, and injured God, and not us, ſuppoſeth that we muſt inſtruct them of a wrong done to God, by teaching them, and inſtructing them in the true Religion: for ſuppoſe they worſhip the workes of mens hands, and worſhip Sathan as ſome Indians do and ſo by their own conſcience may be convinced, and ſo are inexcuſable in foro Dei, before Gods tribunal, yet are they not ſo inexcuſable, in foro humano, before mans tribunall, as we can make warre againſt them, till we informe and inſtruct them poſitively of the true Religion. But they that ſhed our blood, and invade our peace and liberties, are by the Law of nature convinced, and by demands of reparation made to them, quickly ſilenced, and need not to be inſtructed in the principles of the law of nature, which are written in their hearts. But it may be ſaid, What if that Nation will not be informed of the true Religion, and will go on contumatiouſly to diſhonour God, and reproach the true God? Shall we not upon a meer quarrell for Religion, make war againſt them, and avenge the injuries done to God, and defend his truth, no leſſe then with the ſword, we defend our own lives and liberties?

I Anſwer there is not the like reaſon: for God and nature have given to the ſtrongeſt, a jus and authority over oppreſſors, to repel unjuſt violence, with innocent violence but that we ſhould force the true Religion on Idolators, we have not the like ground, except they did attempt to obtrude their falſe ways upon us, and injure our ſoules: for there is a vaſt difference between a people never receiving the true Religion, and a people who have imbraced, and ſubmitted to lawes, that have inacted the profeſſion of the true Religion: thoſe that never profeſſed the true Religion, cannot bee compelled to receive it by the Sword of another Nation, except they firſt ſubdue them in a juſt warre, and be maſters of them, and they may educate the poſterity of the ſubdued people, and diſcharge the duty of parents to them, and impoſe lawes on themſelves, to caſt away the Idols of their fathers houſe, and to learn the knowledge of the true God: but they cannot make the not receiving of the true Religion the ground of a war: for we read not of any ſuch cauſe of war in the Scripture. It is true, God did command his people to deſtroy the Canaanites, but Idolatry was not the quarrell, Joſh. 11. 19. There was not a nation that made pe… with the Children of Iſrael, ſave the Hittites the inhabitants of Gibe on all (other) they tooke in battell, 20. For it was of the Lord to harden their heart, that they ſhould come againſt Iſrael in battell, that he might deſtroy them utterly, and that they might have no favor, but that he might deſtroy them as the Lord commanded Moſes. And thoſe that they ſubdued in the Wilderneſſe, denied them harmeleſſe paſſage through their Land.

It is true, ſome Popiſh writers, as Maſius, Cornelius a lapide, Abulenſis ſay,M…ſius Cornelius a Lapide. if the Canaanites would have ſought peace, and imbraced the worſhip of the true God, the Iſraelites would not have deſtroyed them,Abulenſis in Joſh. but the Text, Calvin and famous Papiſts, as Cajetanus, Swarez. Gamacha…s, and Auguſtine before them,Cajeta…us in Joſh. c. 11 v. 2…. Swarez de v…r. Theo. diſp. 18. ſect. 4. n. 3. Gam…chaeus in 12, q. …o de infid. q. 32. ſay plainly, Iſrael made warre againſt them, and Iſrael but defended themſelves againſt the Canaanites. Libertines ſay the teaching of the Goſpell, Mat. 28. and not the ſword, is a means to ſpread the Goſpell, ſo ſay we, I ſee no warrant wee have to obtrude the Goſpell in the purity thereof, upon Papiſts in France and Ireland: but we may lawfully avenge the blood of the people of God on Iriſh Murtherers,Auguſtinus q 4…. in Num & in John q 3 10 Two Kingdoms, becom…ing … a Re…igious Co…nant if it be …, the one part may ave…ge the quarrell of the … on the oth…r in caſe of br…ch The new Altar … by the 2 Tribes … the halfe … Jordan Joſh. 22. how … cauſe of war. who excerciſe extreame cruelty and Tyranny over perſons and the Conſciences of the Martyrs, and the oppreſſed people of God amongſt the Papiſts.

The queſtion ſeemes harder, when theſe of a falſe Religion, in regard of their neerneſſe, and vicinitie to a Kingdome profeſſing the true Religion, when as they may infect them, or if they be in one Nationall Covenant, and under the oath of God, to indeavour, the extirpation of all falſe religions, and what is contrary to ſound doctrin. It is certain, the Kingdom of Judah might juſtly have avenged the Apoſtacy of the ten Tribes from Davids houſe, and from Jeruſalem where the Lord had ſet his name, for the worſhipping of the Golden Calves, if the Lord by his Prophet had not expreſly forbidden them to fight againſt their brethren 1 Kings 12. And the children of Iſrael did juſtly attempt Warre againſt the two Tribes and the halfe, becauſe they erected a new Altar for worſhip, as they conceived, which was Apoſtacy from the Covenant of God, and the true Religion which they were to maintaine by the Oath of Joſhua 22. 12, 13, 15, 16. and to bring the wrath of God on all the Tribes as Achan did, Vers, 20, No doubt, ſaith Calvin on the place, They were angry with an holy Zeale, for ſayth hee on Verſ.Calvin comment. in Joſh. 22 Non dubium quin ſancto zelo excanduerint, non omnibus quidam da…as gl…dius in manum ſed pro ſu… quiſque vocatione & officio viriliter & conſtanter aſſerere ſtudet purum religionis ſtatum contra omnes corruptelas. 12. The Sword is not given to every man in his hand, but every one according to his calling ought (by this place) manifeſtly and conſtantly to defend the true Religion. And if the wrath of God came on all the people (ſaith Calvin) for the ſecret ſinne of one man, much more the people ſhall not goe unpuniſhed, if they diſſemble the manifeſt Idolatry of many. Piſcator ſaith, It was piety in the Tribes that they reſolve to make warre with the two Tribes and the halfe, for their defection from the true God Such was their Zeale (ſay the Divines of England) that they would rather hazzard their lives, then ſuffer Gods true Religion to bee corrupted; for God had ordained there ſhould bee but one place for publique ſervice, and ſacrifices, and but one Altar Leviticus 17. 8, 9. Deut. 12. 5. 7. 13. 27. Exodus 20. 24. Deut. 27. 5. For they were all in Covenant with one God, and this was a Schiſme and an Apoſtacy from the Church, (ſaith Diodat.Calvin Ratiocinantur a minore ad majus. Piſcator in Cor.) in which alone is the true ſervice of God and the participation of his grace, and Covenant. So alſo the Geneva Notes approves the lawfullneſſe of the Warre, and the Dutch annotations.

To this accord alſo, Engliſh Divines annot. on Joſh. 22.Popiſh Writers on the place, as Ʋatablus, Cajetanus, Cornelius a lapide, who commend this zeale, and ſay all the twelve Tribes made but on State and one Church,Diodatie on Ioſ 22. 19. and Toſtatus ſaith, there was a neceſſity of making War with the two Tribes,Genev… Notes. Dutch Annotations. becauſe the Law commanded it, Deut. 13. Therefore they tooke not councell whither they ſhould make Warre, but they conſulted touching the manner. So agreeth Hugo Cardinalis,Vat…b…us an. in Joſh. 22. Cajetan com. in Joſh. 22. Cornelius a lapide com. in Joſh. 22. Venerunt ut dimicarent contra …os quaſi. apoſtatas & ſchiſmaticos. Vide hic Z…um omnes enim duodecem. Tribus faciebant unam Rempublicam unamque Eccleſiam. Toſtatus com. 2. in Joſh. c. 22. q. 10. Neceſſitas autem pugnandi contra duas tribus incumbebat. Lex Deut. 13. id jubebat. Conſilium autem eſt de contingentibus de modo. Hugo Cardinal. com. in Joſh. 22. So Maſius.Maſius in Ioſh. in loc. Se…rar. in loc. Nicho. de lyra. Menochius anno… ▪ in Ioſh. 22. v. 13. Fer…s in Declama. in Ioſh. c. …. So Sorrarius. Lyra ſaith, Warre ſhould not be undertaken, but upon a certaine and juſt cauſe, eſpecially againſt friend, therefore they ſend Meſſengers to the two Tribes, to try the cauſe of the new Altar. Menochius, Out of zeale they ſent Meſſengers to try the crime of Idolatry, and to bring them to repentance, if not, to make deſtructive Warre againſt them. And Ferus, They were readie, if the two Tribes obeyed not, armis dicernere, … decide the matter by warre. Would God (ſaith he) there were ſuch zeale in us,Utinam talis zelus in nobis eſſet & quidem non unum altare erectum videmus ſed innumera. and we ſee not one Altar erected, but a number of ſuperſtitious Altars.

From this place it is cleere, when a Kingdome, or two Kingdomes are united together, and confederate by the Oath of God in one Religious Covenant, they become an Eccleſiaſtick body, ſo as the whole may challenge any part that maketh defection, and labour to gaine them, and if they contumaciouſly reſiſt, they are with the ſword to decide the matter, leſt wrath from the Lord breake out on the whole confederate body; as for the ſinne of one …, wrath came upon all Iſrael: Nor can I well ſee what can be anſwered on the contrary, except that that warre for the new Altar, was undertaken upon judiciall and temporary warrants, which do not binde us under the New Teſtament.

But this is ſaid, not proved, that new Altar was not a heap of ſtones; but if it had been made upon Religio…s grounds, and for the ſervice of God, it had been no leſſe than an Apoſtacy from that true Religion once delivered by God. Then if the third part of Scotland and England ſhould turne Apoſtates from the Religion once ſworne, after they had bound themſelves in Covenant: the queſtion remaineth, what ſhould the State and Parliament doe in that caſe? ſhould they be indifferent beholders, and not uſe the ſword againſt ſuch Apoſtates?Swarez de vir. the diſ. 18. ſect. 3. Swarez and others, not without reaſon, thinkes that Infidels that are not Subjects, and not Apoſtates, cannot be compelled to imbrace the true faith, even though it be ſufficiently propoſed to them, his reaſons are, there is no lawfull power given to the Church by Jeſus Chriſt to compell ſuch. 2. It is no tradition of the Church. 3. Thoſe that are without cannot be judged; but the truth is, the ſword is not given to the Church, as the Church; and in the ſpreading of the Goſpell, the Lord forbids the uſe of the ſword. It is true, a Chriſtian Prince may deny to Infidels liberty to dwell in his bounds. See Weemes, vo. 3. Expoſ. of the Iudiciall Law, cap. 15. And Subjects may be compelled not to blaſpheme Chriſt, not to diſhonour the true God with manifeſtly profeſſed impieties;Auguſ. Epiſt. 166. ad donatiſtas. for if Aſa made a Law, 2 Chron. 15. that they that would not ſeeke the true God, ſhould be put to death:Conſtantinus prior contra partem Donati ſeveriſſimam legem dedit, hanc imitati filii ejus talia praeceperunt Quibus ſuccedens Iulianus deſer…or Chriſti & inimicus ſupplicantibus veſtris Rogatiano & Pontio libertatem perditionis partis donati permiſit, denique …eddidit Baſilicas hereticis, quando templum daemoniis eo modo putans Chriſtianum nomen poſſe perire de terris, ſi unitati Eccleſiae, de qua lapſus fuerat, invideret, & ſacrilegas diffenſiones liberas eſſe permittere…: deinde Valentinianus, legite quae contra vos jufferit▪ Inde Gratianus, & Theodoſius legite quando vultis quae de vobis conſtituerint, Quid Ergo de filiis Theodoſi… miramini, quaſi allud de hac cauſa ſequi debuerint quam Conſtantini judicium per tot Chriſtianos Imperatores …iſſi… cuſtoditum. Chriſtian Princes Lawes againſt errors and …reſies. Euſebius in vita Co…ſtan. c. 43, 44. & l. 4 c. 13. Ruffinus Hiſt…r. p. 1. c. 19. Iovian. l. 10. c. 39. Nicephor. l. 8. c. 33. Ruffinus, c. 22. 25, 26. Nicephor, l. 12. c. 25. Socrates, l. 1. …. 26. Theodo…us Anagnoſtes collect. l. 2. The unconſtancy of Timotheus Coton Biſhop of Conſtantinople, of Petr. Mongus Biſhop of Alexandria. If that be temporary and judaicall, then the Chriſtian Magiſtrate is not as a Chriſtian Magiſtrate, or as a nurſe-father, Eſai. 49. 23. ſo much as to command any to ſerve Chriſt, nor to rebuke any for blaſphemies. Sure this can be no part of the peaceableneſſe of Chriſts Kingdome, not to rebuke ſinners: But nurſe-fathers and civill Tutors muſt do ſomething for the defence of the truth from errors; for Conſtantine the great cloſed the Temples of Heathen Gods, to the end that heatheniſh Idolatry might be aboliſhed, as Euſchius ſaith; ſee alſo Ruffinus, Iovianus, and Nicephorus, Iuſtinian made many Lawes againſt Idolators. Before Conſtantine the great would pardon Arrius, foreign be exacted an Oath of him, that he ſhould ſtand to the Nicen faith, and he ſware, but diſſembled. So Socrates; then Arrius was puniſhable by the Emperour. So Timotheus Colo…, Biſhop of Conſtantinople, under Anaſtius firſt Emperour, was an Euty…hen, and curſed ſuch as rejected the Synod of Chalcedon, and before the Emperour curſed ſuch as approved the Synod of Chalcedon; ſo Theod. Anagnoſtes, Petrus Mongus, Biſhop of Alexandria under Zonon the Emperour, was an Eutichen, then againe Orthodox, a little after he rejected the Councell of Chalcedon; a little after in an Epiſtle to Acacius Biſhop of Alexandria, he profeſſed the ſound faith, and denyed that he rejected the councell of Chalcedon; againe he rejects that counſell, and the ſound faith;Evagr…l. 13. c 13. therefore Evagrius tels him, foreign A ſhoe, for every foot, a turne-coat, and a time-ſerver. Ergo, ſuch hereticks, beſide that they have not been innocent and godly (as Arminians ſay) they feared the ſword of the Magiſtrate. But as touching the practice of Emperors, and the Imperiall Laws for ratifying Church conſtitutions, there be but too many of them; as alſo for gathering Councels; which proveth the coactive power of Princes, Kings, and Emperours, over hereticks and ſeducing teachers. Conſtantius, I grant, made a Law, that ſome godly men ſhould be tolerated, ut pa…em cum fidelibus i… qui errant (he ſaith not hereticks) pacis eſt quietis fruitionem gaudentes accipiant. Euſebius in vita Conſtan. and though the Emperour Grotian decreed, Ʋt quam quiſ que vellet Religionem ſequerentur, That all Religions ſhould be free, he had much ad… in warres with the Gothes, who waſted Thracia, and was therefore carefull that Ambroſe ſhould draw up a ſhort confeſſion, yet did he except from the Toleration the Manichees, the Phocinians, the Eunomians. But ſee, codice prima lege. Cunctos populos de ſum. trinit. Martianus ibid lege. 4. Synod Chalcedo, Leo imperator, conſ. 15. C. Conſt. 17. Heracl…us Imperator, conſt. 1. de fide Juſtinianus Novellus 123. c. 32. Novell 137. c. 6. Honorius, l. 4. c. 55. Eccle. Valentinianus, l. 9. de Epiſc. cler. Novell. 123. c. 18. Novella 123. c. 29. &c. Le. conſt. 87. Novell. 131. c. 4. Euſebius Pamphil de vita, Conſtan. l. 3. c. 13. Surius tom. 2. Concil. c. 20. p. 362. Codic. l. 1. Tit. de heret. lex 2. 1…6. Juſtinian codex l. 1. Tit. 4. de ſum. Trinit lex 2. Surius concil. tom. 2. p. 469 421, 494. & tom. 2. p. 668, 669, 670. Socra Scholaſtic. hiſ. l. 2. c. 37. Nicepher… hiſt. l. 9. c. 4. Contur. Magdebur que 4 col. 558. So for his power to conveene Councels, as the Nicen, by Constanti, Euſeb. l. 3. c. 6. Sozom, l. 1. c. 17. So…rat. l. 1. c. 6. Ruff. l. 10. c. 1. Theodor. l. 1. c. 7. the Councell of Tyre by Conſtant. Euſebius, de vit. conſ. l. 4. c. 41. Sozom. l. 1. c. 9. Theodoſius elder, made a Law of death againſt the Anabaptiſts, and baniſhed Eu…mius Socrat. l. 7. c. 12. It is true, Conſtantinus and Licinius, as Euſebius tels us, l. 10. c. 5. ſay in a Law, now therefore we freely will and command, That every man have a free liberty to obſerve the Chriſtian Religion, and that, without any griefe or moleſtation, he may be ſuffered to do the ſame. But the practice of heathen Emperous, is no rule.

2. God opened their hearts to make theſe Lawes in favour of Chriſtians.

3. They had experience of the favour of God by the prayers of Chriſtians.

4. The Heathen Law in the Letter would prove that none ſhould be rebuked, or argued againſt, whatever Religion he choſe; Maximius proclaimed, That all men ſhould uſe what Religion they like beſt, Euſ. l. 9. c. 10. But 1. Maximius, out of naturall pity, becauſe he had before perſecuted Christians, did this. 2. Diocleſian and Maximianus tooke Churches from them, he reſtored them; hence followed peace till an. 130. The Councell of Conſtantinople, 1. by Theodoſius ſenior, Theodoret, l. 5… c. 7. Socrates, l. 5. c. 8. The Councell of Epheſus, 1. By Theodoſ. junior. Evagrius, l. 1. c. 2. So Imperator Iustinus. l. 44. ad Maenam Patriarcham de Monachis & Monaſteriis ſeparandis & de Epiſc. & cler. Euſebius de vita conſ. l. 3. c. 25. Epistolam libella ad Synoda conſtitutionem. The Biſhops of the ſecond generall Councell (if there was any of them generall) writ to the Emperour Theodoſius, We deſire your clemency, that you by your Letters would confirme the Decrees of the Councell (of Chalcedon) and command that it be ratified and eſtabliſhed: which he did. See alſo Conſtantius his power, preſcribing to the Councels of Arimimon and Seleucea the ſubject matter they ſhould treat upon, and commanded ten of each Councel to come and give him an account of their proceedings. S…zomen, l. 4. c. 6. Toeodoſius and Valentin… command the Councell of Epheſus to ſend them ſome Biſhops to acquaint them with the cauſes and motives of their deliberations. Relatio Synodi Epheſinae, quae eſt tom. 1. concil. The ſecond Councell of Nice, which ſome call the ſeventh Generall Councell, relate the like to the Emperour at Conſtantinople, Theodoret, l. 5. c. 8. Zonaras, tom. 3. anat. There be two edicts of the Emperours, Valentinian and Martian, confirming the Councel of Chalcedon, ſo act. 3. Chalc. to. 1. Conc. all which ſay, the Emperours, de facto, commanded as Magiſtrates, Church-men to determine according to the word; and corrected ſuch as contravened.Pic…s Mirandula in apoloq. q. 8. Nemo ſanae mentis ita opinatur. Vt alio modo opinari poſſet, quia ita vult opinare. And though Picus Mirandula ſaith well, No man hath power of opinions ſo, as if hee will, he may have another opinion, which though it may beare, that opinions fall not under free-will, yet the venting of them to others, is to Mirancula, a free act and puniſhable. We know the Edict of Ʋale…inian and Martian, of capitall puniſhment againſt Such as ſhall attempt to teach things unlawfull. Let falſe teachers according to Juſtinian, have no leave to live and dwel in Roman bounds, Edictum Valentiniani & Martiani lex 8. Quicunque Cod. de heret. Ultimo ſupplicio coerecantur qui illicita docere tentaverin….ſaith Pametius. Auguſtine ſaith, Hereticks kill ſoules, let them be afflicted in body, they bring on men death eternal, and they complaine that they ſuffer temporall deaths. And why (ſaith Auguſtine) ſhould Sorcerers find the rigor of the Law from Emperors, and Hereticks and Schiſmaticks go free? Conſtantius gave out Edicts againſt Hereticks, as Euſebius ſaith. h. 2. c. 27. And alſo made lawes of pecuniary fines,Pametius c. 18. de diverſis religionibus non admittendis. Auguſtinus, Epiſ. 50. ad Boni… Occidunt animas affligantur in tempore, ſenipeternas mortes faciunt, & temporales ſe perpeti conqueruntur. Auguſt. contra Epiſt. Parmen…ani. c. 10. and mulcts againſt them.

Honorius made lawes againſt Donatiſts of fining and of baniſhing preachers of Donatiſme. Martianus did the like. The like ſaith Nazianz▪ M▪ Actinius de domin…s de R…p. Eccleſ. l. 7. c. 8.of Theodoſius the great. Baniſhment and other puniſhment, the Emperours inflicted upon Arrius, Macedonius, Neſtorius, Futiches and their followers. Which the Arch-Biſhop of Spalato M…de dominis granteth; though he ſayes Auguſtine excepteth capitall puniſhment, for ſuch (ſaith he) he will not have to be inflicted for the conſcience, which is a manifeſt depraving of the mind of Auguſtine, who will have ſuch puniſhment according to the quality of the fault inflicted on them,Auguſtin. con. Creſcom. Gra. l. 3. c. 5. as upon Sorcerers and Murtherers. Let Auguſtine be conſidered in theſe and other places,Deſid & operib. 148. 159 epiſt. ad Marc…a. Epiſt. 150. after hee retracted his too meeke ſentence, That they ſhould not be puniſhed at all. Alexander Alexandrinus ſaid, Arrius and his followers ought to bee puniſhed with excommunication, and a curſe, Theodoret. lib. 1. c. 4. But for the point in hand the Chriſtian Magiſtrate is tyed and obliged to theſe puniſhments to bee inflicted for morall offences, that the Law of God hath ordained, at leaſt in nature: I prove.

1 That which is morrall,As Conſtantine g…ve out ſevere l…ws againſt D…natiſts, ſo did Iulianus the apoſtate reſtore temples to heretickes, and granted liberty of Conſcience to them, that ſo he might deſtroy the name and Religion of Chriſtians, as is before obſerved. So Auguſtin. Ep…. 166 ad Donatiſtas. and cannot be determined by the wiſdome and will of man, muſt be determined by the revealed will of God in his word; but the puniſhment of a ſeducing Prophet, that ruineth the ſoule of our brother, and makes him twofold more the childe of Sathan than before, is morrall and cannot be determined by the wiſdome and will of man: Ergo, ſuch a puniſhing of a ſeducing Prophet, muſt be by the revealed will of God in his word. The Propoſition is proved. 1. Becauſe God only, not Moſes, nor any other law-giver under him, taketh on him to determin death to be the adulterers puniſhment, Levit. 20. 10. And the ſame he determineth to be the puniſhment of willfull murther, Exod. 21. 12. of ſmiting of the Father or Mother, v. 15. of Man-ſtealing, verſ. 16. of Sorcery, Exod. 22. 18. of Beaſtiality. 19. Of ſacrificing to a ſtrange God, verſ. 10. And upon the ſame reaſon, God only, not any mortall man, muſt determine the puniſhment due to ſuch as ſeduce ſoules to eternall perdition.God only determineth puniſhments for ſinne. For what reaſon can be imagined, why God can be the onelyonly determiner of ſuch a puniſhment of killing, and not for the ruining the ſoul and making him the childe of perdition. Let not any ſay by this reaſon, to tempt to any ſin, by any evill counſel … provocation to immoderate anger or envy, ſhould deſerve death, for every tempting to ſinne is a ruining of the ſoul of ſuch as we give bad counſell unto, and tempt to ſin.

Anſw. If we do ſo tempt them by a ſinfull way, as a ſinfull injuring, and railing on them, or by a wicked courſe, it is ſure it doth deſerve puniſhment by the Magiſtrate; but the act of ſo counſelling and tempting to ſin, though E… conditione operis, it be ſoule-ruin, yet it is not ſuch as deſerveth death. Otherwayes, killing, adultery, ſorcery, beaſtiality, tempt alſo to ſinne and ſoule-ruine, beſides the other injury in them, againſt the life and ch…ſtity of men.

2 The Propoſition is proved, becauſe the will of God can be the Creator, and firſt Author of nothing, but which is morrally good. For the Scripture is as full in the duties of the ſecond table touching mercy and righteouſneſſe, as in the duties of the firſt, touching piety and religion, and any thing pretended to be morrall, hath God for its authour, in either the firſt or the ſecond table of the Law, nor can the will of man be the author of any thing morrally good, and will-righteouſneſſe, is as unlawfull as will-worſhip, or will-piety, ſince the word is a perfect rule in matters of doctrine, or faith, or of life, manners and converſation, and teacheth the Judge what he ſhould doe, Deut. 17. 18, 19, 20. Pſalm. 119. 9. Pſalm. 19. 8, 9. Prov. 3. 21, 22, 23, &c.

3 What ever by order of juſtice, doth concerne the life and death of our neighbour, rewarding or puniſhing him in name, body, goods, ſo as if it bee juſtly inflicted, it is juſtice; and if unduely and undeſervedly, it is unjuſtice, and murther: as wronging of him in his body by ſtripes, wounding, death; in his liberty by priſon; in his goods, by fines; that muſt be determined in the word by him that is Lord of life, death, libertie, of our name and goods, otherwayes the word ſhould not teach us when the Judge ſinnes, when not, when he makes juſt Lawes, when unjuſt, when he exceeds in puniſhing, when he is deficient.

I come to the aſſumption, The puniſhing of a ſeducing Prophet is morrall.The puniſhing of a ſeducing Prophet is moral. In that it is commanded to father and mother, not to pitty him, Deut. 13. 6. holden forth as the zeale of God, in father and mother, under the Meſſia…s Kingdome, Zach. 13. 1, 2, 3, 4, 5, 6. and every one is forbidden, To bid him God ſpeed, yea, and commanded to deny him an act of humanity, and hoſpitality, and not receive him in his houſe, 2 Joh. 1. If we be commanded to put any ſhame on him, far more muſt the Ruler bee taught of God, what ſhame he ſhould put on him. For what ever under the New Teſtament is capable of a command, is morall. And if morall, what the Magiſtrate ſhould doe to him can no more be determined by the will and wit of man, than it can be determined what puniſhment the Magiſtrate muſt inflict upon the murtherer, the adulterer, the Sorcerer, the Sodomite; which all the wiſdom of God hath determined: in the word, otherways God hath left the Magiſtrate in the dark, that from the word he hath no direction, when he committeth murther, or when he doth acts of juſtice. And that it is a morall act alſo to ſeduce ſoules is cleare, in that, 1. We are commanded to beware of ſuch. Matth. 7. 5. and avoid them, Tit. 3. 10. Rom. 16. 17. 2. That the Lord condemneth them in his word, as ſuch as make their followers the children of perdition, Yea Matth. 22. 15. They ſubvert the hearers; their word cate as a Canker, 2 Tim. 2. 15, 17. Lead ſilly women Captive, 2 Tim. 3. are Deceivers, Tit. 1. 10. Now that God hath appointed a puniſhment for this of old, and hath ſpoken againſt this ſinne ſo much in the New Teſtament, and bidden private Chriſtians, cry ſhame on Seducers, and fly them, and yet left the Magiſtrate under a diſcharge, and inhibition to draw a ſword againſt ſuch: who can beleeve it? except that inhibition given to the Chriſtian Magiſtrate wer written in the Teſtament of our Lord. To ſay the new Teſtament-diſpenſation is ſo ſpirituall that God wil have no remedying of ſeducing, but by the ſpirituall armor of the word, is ſaid without ground, when the New Teſtament-diſpenſation is as ſpirituall to gaine the Sorcerer, the The…fe, the Sodomite, the drunkard, the Reviler, as the Idolater by the ſpirituall a…mor of the Word, Act. 19. 19. 1 Cor. 6. 9, 10, 11. and by this reaſon the Magiſtrate may draw the ſword againſt no theife, Sodomite, Drunkard, Sorcerer, contrary to Rom. 13. 1, 2, 3, 4, 5, 6. 1 Pet. 2. 14. Eſpecially ſince the Magiſtrate is not indifferent towards ill-doers, and well-doers, ſince hee muſt puniſh the one as a Nurſe-Father, praiſe and reward the other, 1 Peter 2. 14. gaining of ſoules is well-doing, Matthew 25. 21, 23. And ſeducing of ſoules is by the Law of Nature and Nations, the worſt of injuries done to men.To puniſh the ſeducing teacher is an act of juſtice morally obliging men ever, and every where.

2 Argument, That which is perpetually morall, and one act of Juſtice at all times and places, muſt oblige us Chriſtians, and the Chriſtian Magiſtrate, as well as the Jewiſh Rulers: But to puniſh the ſeducing Prophet is perpetually morall, and an act of juſtice at all times, and in all places, as the rewarding of ſuch as teach truth, is a commendable act of juſtice, Ergo,

The propoſition is cleare, in regard the morall Law doth therefore oblige us Chriſtians, becauſe it is morally perpetuall, and perpetually morall; and that in all times and places▪ as to ſerve God, honour our parents, not to murder, &c. is perpetually morall now, as among Jewes, with us, as among the Indians and Tartarians: but to puniſh the ſeducing Prophet is ſuch; 1. becauſe the Heretick is condemned by his owne conſcience,Falſe Teachers in ſeducing others, apprehend th… hand of divine vengeance purſuing them; as other ill doers do; and ſo it muſt be naturall Iuſtice in the Magiſtrate to puniſh them. Tit. 3. 10. in believing lies Ergo, Farre more by his owne conſcience, by leading others into that ſame condemnation with himſelfe; and if he apprehend the vengeance of a God-head, there muſt be a conſcience naturally apprehending ſuch: as we ſee the conſcience of murtherers, and of Cain, feare ſome revenging hand. If therefore the Miniſter of God, the Magiſtrate, inflict this, it muſt be nothing elſe but an act of naturall Juſtice, which the naturall conſcience doth apprehend. But what acts of Juſtice the conſcience naturally feares, muſt be acts of Juſtice perpetually morall, not reſpecting one man or Nation more than another. 2. All Countries by an inſtinct, apprehend a God,The puniſhing of falſe Prophets, is of the Law of nature. and conceive their Priests and Prophets are to be entertained and rewarded, as Egypt, Gen. 47. 22. Midian, F…xed, 2. 16. Exod. 18. 1. Judg. 17. 5. c. 18. 4. 2 King. 15. 18. The Philiſtims, 1 Sam. 5. 5. c. 6. 2. Baal and the Zidonians had their Prieſts, 2 King. 10. 8, 19, Lycainia, Act 14. 13. And if their Rulers feed their Prieſts, the falſe Prophets and Prieſts that deceive them, and miſ-lead them, they muſt puniſh: So the King of Babylon roaſted in a fire two falſe Prophets, Jer. 29. 21, 22. And it is cleare, that Jeremiah argues not from any judiciall Law, when he ſaith, The Prophets that ſpeake lies in the name of the Lord, ſhall die by the ſword, c. 14. v. 14, 15. It was by the ſword of the Chaldeans, (who had nothing but the Law of nature) that they periſhed; for no Judiciall Law of God taught them, that he ought to die by the ſword of the Magiſtrate, who ſpeaks lies in the name of the Lord; whereas the Chaldeans knowing that Jeremiah had prophecied truth, and was ſent of God, they intreated him well, as the Lord had fore-told, Ier. 15. 8. Nor can it be ſaid, that the conſequence is null, and that that cannot oblige Chriſtian Magiſtrates, which hath no better warrant than the corrupt practiſes of Heathens; for they perſecuted the true Prophets and Apoſtles that ſpake in the name of the Lord; as Herod beheaded Iames, Acts 12. and apprehended Peter. Nero perſecuted Paul, and D…mitian confined Iohn to the Iſle Pathutos for the Word of God. To which I anſwer, That the Argument is not drawn ſimply from the practice of Heathen Magiſtrates, but from the light of nature, that teacheth all Magiſtrates, Heathen and Chriſtian, to puniſh publike impoſtors, falſe Prophets and liers, as moſt pernitious enemies to the peace of all humane Societies. And if the Law of nature and Nations dictate to all Societies, That deceivers, and ſuch as raiſe falſe reports and lies upon earthly Judges, ſhould be puniſhed; far more is it a principle of the Law of nature, that publike lyers, and ſuch as ſpeake lies in the name of the Lord, and deceive and ſeduce the ſoules of father and mother, King and Ruler, and of all ranks of men in the Society, ſhould not be tollerated in the ſociety. And what though Emperours and Kings have abuſed the power that God gave them for the truth, to perſecute the ſervants of Chriſt for the truth, it followes not, but they had juſt power, as the Miniſters of God, to puniſh ſeducing Prophets, as well as other ill-doers, by the law of nature and Nations. And this I take is holden forth by Iob, Idolatry is to be puniſhed by the Judge, and that by the teſtimony of Job c. 31.31, 26, 27, 28. who being under no Judiciall Law, obliging the Jewes, but a Gentile, and ſo in this led by the Law of nature and Nations, maketh Idolatry and worſhipping of the Sunne and Moone,Who was obliged to obſerve no Judicial law but only the law morall and the law of nature. to be an iniquity to be puniſhed by the Iudge. That this is not an iniquity to be puniſhed by God (as if hereſie be innocency, as Libertines ſay, it muſt neither be puniſhed by God nor man) but by the Judge on earth is cleare. For 1. the expreſſion, v. 28. varies onelyonly in the number from that which is v. 11. Now there Iob ſaith of Adultery foreign & ipſum iniquitas Iudicum. Engliſh divines …n. on Job 31. ver. 11.And ver. 98 foreign etiam hoc iniquitas Iudie is. The Engliſh Divines do well obſerve,Pagninus in verbo. That adultery is a capitall crime to be puniſhed by the Iudge, Gen. 38. 24. Levit. 20. 10. Deut. 22. 22. And they expound ver.foreign 28. the ſame way. Pagnin. eſt iniquites Iudicanda, Iudice di…na, vel Iuditiaria. Mercerus, Exod. 21. 22, He ſhall give foreign according to the Iudges, Mercerus ibid.Iſai. 16. 3. do, Iudgement. Shimlerus, foreign Judges that cognoſ… of cauſes. Deut. 31. 31. Our enemies being Iudges, Job 31. 11. Inquitas dignaque Iudicetur & puniatur. LXX.It is true, the LXX, expound it,Chaldaica paraphraſ. foreign; and the Chalde Paraphraſe, foreign, eſt enim iniquitas maxima. But it is taken for a crime that comes before an earthly Judge.Hieronimus H…eron. tranſl. Iob 31. v. 11. So Hieronimus. And Exod. 21. 22. If a man ſtrike a woman with childe, and ſhe live, he ſhall give according to the ſentence of the Iudges. Hieron. Tranſ. Exod 21. 22.Hieronimus quantum arbitri Iudicaverint. The Chalde Paraphraſe, foreign,Biblia pariſien…. & complutenſ. LXX. & dabit per ſent…ntiam Iudicum.

LXX. foreign. The Syriak, Dabit quantum decernent Iudices. The Samaritan, Dabit que ex ſententia Iudicum. Vatablus,Syraica verſio Samaritan. Job 31. v. 11. Iniquitas capitali ſupplicio perſequind…, v. 28. Nam & ea iniquitas capitali ſupplicio digna. Junius, Iniquitas à Iudicibus animadvertenda. Vatab. Iob 31.Piſcator, Iniquitas Iudiciaria. Complutentes, Iunius Iob 31.Iniquitas Judicanda. Pineda in Job 31. 28.Piſcator ibid. Iniquitas digna Iudicio, Iudicum que ſententiâ ſeveriſſima & graviſſimo ſupplicio. Pineda com. in Iob 31. 28.All agree to this, That Idolatry, according to Iob, from the Law of nature, deſerveth canitall puniſhment to be inflicted by the Judge. And Pi…eda ſaith, this agreeth with the Law of God. Eſpecially, Deut. 4.Sanctius in Iob 31. v. 1…. 25. & 23. Sanctius gathereth from Job 31. 11. That Adulterers in Iobs time were, by the ſentence of the Judge burnt. Now the ſame expreſſion is, v. 28. ſpoken of Idolatry. Hence is Socrates condemned to die for his falſe Religion, as is ſuppoſed by the people. Maximus condemned the Priſcillia…s, Ier. Taylor Libertie of prophecying ſect. 14 p. 206,as Hieronimus obſerves for Hereſie. Nor is it much to be valued, that Ier. Taylor ſaith, That Maximus was a Tyrant, and put to death Catholike Hereticks. Without choyce, it proves puniſhing of Hereticks,Spalato de Rep. as ſuppoſed of old to be warranted by law.F…cleſ. l 8. c. 8. which booke is wanting in the ordinary coppies. Ʋrſatus and Stacius procured at Court, Law to death againſt Priſcillianiſts. And the Niceue Fathers, that Arrius ſhould be baniſhed. Nor doth Spalato cite Tertullian, Cyprian, Lactantius, Hi…rome, Severus, Sulpitius, Minutius, Hilary, Damaſcen, Chryſeſtome, Theophilact, Tay…ors liberty of prophecying ſect 14. p. 207.Bernard, for any other purpoſe (whatever Taylor ſay on the contrary) but 1. To prove, that forcing of men to Religion, is not to the way of God, which alſo I teach; for the preaching of the Word; not the uſing of the ſword,How the fathers deny the ſword is to bee uſed againſt men for their conſcience. is the meanes of converſion of ſinners 2. That killing is not to be practiſed on all Hereticks. 3. That the Law and the Sword, are not to go without convincing of the conſcience by the Word of God. 4. That to deliver up godly men to perſecuting Tyranes, becauſe of ſome errors, hath more ſcandall to cauſe men ſtumble at truth, than to make truth victorious. 5. That neither Church nor State can judge heart-opinions, nor puniſh them, but only profeſſed and taught opinions, that are both unneceſſary and unſound. 6. That Paſtors have not the Sword, to compell to Religion. 7. That Nations of another Religion are not gained to Chriſt by the Sword; not can we make warre againſt them, becauſe they are Idolators, and follow a falſe Religion; nor was Idolatry the ground of the warre that Iſrael raiſed againſt the Ca…aanitos and other Nations.Taylor liberty of prophecying ſect. 13. p. 13. To all which I adde the words of Ier. Taylor. The beſt and ableſt Doctors in Chriſtendome have been deceived actually in … of Religion, in that all ſorts of Chriſtians diſſent from the error… of Papias, Irenaeus, Lactantius, Iuſtin Martyr, Cyprian, Firmilian, &c. Ergo, by Taylors ſentence, we are not reſt, much upon the Fathers, whether they be for or againſt liberty of conſcience.

For courſe to be taken with Pagans (to ſpeake by the way) all that Lactantius, l. 5. c. 20. Tertulli ad Scap…lam, c. 2. Auguſtine, ſer. 6. de verb. dom. c. 7. cont. lite▪ Petitian▪ lib. 2. c. 83. we approve, and what famous Schoolmen, …, Thomas, Bannes, Durandus, Palud… Richardus, …, Paluda, and that of Auguſtine▪ ſ…. 6. de verb Dom. c. 7. Glandiendum eſt Paganu, ut audiant veritatem, in Chriſtianis vero ſecanda putredo. Pagans muſt be allured, and not compelled by Warres to the faith. Becauſe the juſt cauſe of Warre muſt either be an open breach of Nations againſt the Law of nature; for it muſt be a finne, of which a multitude may eaſily be, or are convinced of; as is cleare in the A…lekites, and all the Nations who invaded Iſrael, Joſh. 11. v. 19, 20. or then in a viſible Church, it muſt be for manifeſt Apoſtacy from the Covenant of God, and … Religion, as the new Altar ſuppoſed to be erected by the two Trib… and the halfe againſt the only one Altar commanded by God See Cavarruvias in Regnum paccatum part 2. ſect. 4. Setus in 4. diſtin. 5. 4. 1. art. 10. Molina de Juſtitia diſp. 106, and Bann…s 11. g. 10. art. 11. ſaith, that Paul the third defined well, that the Weſterne Indians being capable of life eternall, were true Lords of their poſſeſſions, and could not be juſtly deprived thereof.

To tollerate Jewes openly blaſpheming Chriſt, or to receive them in the Common-Wealth, cannot be allowed, or to ſuffer them to have Synagogues, In regard they blaſpheme the God we are in Covenant with, and doe no leſſe deny him, then Goliah and Senacharib did, 2. But ſimply ſeduced Jewes are to bee inſtructed, for there is a peculiar prophecy touching the Jewes, Rom. 11. Jer. 50. 5, 6. That they ſhall bee brought in to know Chriſt, and beleeve in him.

3 Argument, That which was a meere judiciall law, and not onelyonly in no force now, as touching any obligation to bodily puniſhment from the Chriſtian Magiſtrate, is now under the Goſpell, either a ſin offenſive to humane ſociety Or, 2. No ſin, but innocency, as ſome ſay, Or then 5. … thing lndifferent. If it be a ſin offenſive to humane ſociety, and the people of God, to drive them away from the Lord their God, and an abomination that Iſrael ſhould feare to doe, in the dayes of Moſes and before Chriſt came, as is cleare, Deut. 13. 3, 4, 5, 6, 7, 8, 9, 10, 11. It muſt be ſo now: for ſince it is not a Typicall, but a morall ſin, it is at all times, and in all places to us, and now, and to them, and then, an abomination.Church cenſ…res and rebukes for conſcience inferi… moſt of all the abſurdities that Libertines imp…e to us. Ergo the Argument of the holy Ghoſt being perpet…all, that it is deſtructive to humane ſociety, the Lord muſt provide the ſame, or as effectuall means, for the remedying thereof. But if the Chriſtian Magiſtrate have no place or power to repreſſe ſuch abominations, but Iſreal may ſeduce men after falſe gods, and not feare the ſtroke of … ſword, then hath the Lord left the Church to the luſt of …avenous Wolves that deſtroy the flocke, and hath left theſe wolves to the Lords immediate hand of judgement: for rebukes, Church-cenſures are not to be uſed againſt them, upon the ſame ground that the ſword ſhould not be drawne againſt them, by the ground of Libertines: for rebukes and Church-cenſures doe. 1. Force the conſcience no leſſe than the ſword. 2. They beget Hypocrites. 3. Are as contrary to the law of meekneſſe and gentleneſſe of Chriſt and his ſervants, who uſed no ſuch way to gaine the Samaritans, and other gaine-ſayers, as the ſword is repugnant to Chriſts meek adminiſtration, who did not uſe either ſword, crying, rebukes, or excommunication, againſt broken reeds, though both theſe may be uſed againſt Seducers in great gentleneſſe and tenderneſſe toward their ſoules, by fathers in State or Church. 4. They are no leſſe againſt liberty of prophecying, beleiving with a reſerve to beleeve the contrary, than the ſword. For how can we in the name of the Lord, rebuke, threaten eterned wrath, deliveto, Sathan, ſeducers, more than the Magiſtrate can uſe the ſword againſt them, yea, or refute their errors, in the name and authority of Chriſt, or ſtrike with his rod, ſince wee are not infallibly perſwaded more than theſe we call Seducers, for they may upon the ſame grounds call us Seducers, threaten us with eternall wrath, and deliver us to Sathan, in the ſame name and authority that the ſound Church proceedeth againſt them; for neither ſide had the infallibility of divine authority, in a reflex knowledge, more than others, by the Doctrine of Libertines. 5. They are no leſſe contrary to growing up in knowledge and new light; for contrary reaſons, and rebukes, and threatnings are as apt to expell new light, and to reduce the Seducer to old darkneſſe, for any certainty of perſwaſion any of the ſides have, for both may ſee beſide their book, and dreame the moone is made of wax, by this way, and inſtructing of teachers that ſee but on this, and the yonder ſide of truth with e…s of fleſh, as they ſay, is as uneffectuall a remedy againſt Teachers, as the ſword. 6. Since the ſword and ſtoning, when uſed by the Jewes, Deut. 13. preſuppoſeth infallibility. What warrant doe our Lords of licence of conſcience give us, that all the Commons, and Lads, and Girles that lifted a ſtone againſt the Seducer, had Proph…ticall, infallibility: or that every wife, to whom her husband might ſay, Let us go and follow Baal and Dagon, for ſure the Zid…nians and Philiſtines are a people taught of God as well as we, was infallible in her knowledge and unerrable, and the husband an erring Seducer according to the principles that maſters of licence would lead us on: for there muſt be a reſponſe given to all and every one to beleeve this is the Seducer, from the light of Moſes law, elſe they had no more right to ſtone the Seducer, then the Seducer to ſtone them. For as wee may erre in perſecuting true Prophets, I hope ſo did the people kill the Prophets, foreignand ſtone them that were ſent, Matth. 23. 27 and 2 Chron.Spernere conten…re. 36. 16. they mocked and miſuſed the Prophets of God, and did as foully erre in perſecuting, as now we under the Goſpell. Yet Mr. Goodwin gives to the Jewes an infallibility of an Oracle to tell them who was the man to be ſtoned, as a Seducer. But let him anſwer theſe Queries.

1 Did the Oracle ſpeak immediately to all the actors in the ſtoning?That there was an immediate reſponſe of Gods oracle telling who was the falſe teacher, is an unwarranted forgery of Libertines. I thinke no: then the Oracle ſpake to the Prieſt only. To Paſhur; then the Officers had but the word of Peſhur to put Jeremiah in the ſtockes, and the people had but the Prieſts word for ſtoning the man.

2 Query, Were the people infallible in diſcerning the Prieſt to be a true relater of the mind of God from the Oracle? How beleeved they then ſome lying Prieſts who perſecuted the Prophets of God?

3 Query, Was the Prieſt infallible in diſcerning the Oracle and relating the mind of God to the people? How then did they ſay, he is worthy to dye? How did Caiaphas ſay, What need we any more witneſſe, We have heard himſelf blaſpheme?

4 Were not the Prieſts Deut. 17. ver. 11. To Judge according to the ſentence of the Law of God delivered to Moſes? Was this an immediate Oracle of infallibility, ſuch as Bellarmin, Becanus, Gretſorus, Valentia Corn. a lapide aſcribe to their Appollo at Rome? I thinke Mr. Goodwin cannot ſay that. If he doe, I know what to anſwer to the Papiſts in that. If it was the law and the teſtimony, as I conceive it was, had not all the people that were to ſtone the ſeducing Prophet, their way of judging the falſe Prophet? If they muſt not follow him after other Gods, and if they muſt be actors in ſtoning him. And was not this fallible as well as ours under the new Teſtament? and therefore, becauſe we are not infallible judging in the heart-Heretick; we muſt not draw the Sword againſt him; and I ſay, nor can we draw the Sword of the Spirit againſt any ſuch; for in the uſing of the Sword of the Spirit, in teaching, refuting, or arguing againſt Hereticks; we are not infallible. If this way of Peoples judging, and not liſtening to the ſuggeſtions of a falſe Prophet was infallible, how erred they, and ſlew the true Prophets, and ſtoned them that were ſent, Matth. 23. 27. As well as we may? And why may not we, notwithſtanding of our fallibility and actuall erring, judge and drive away by the ſword, devourers of the flock, as well as they?

6. If God have left no means under the New Teſtament, but exhorting, to ſuppreſſe the ſeducer, what ſhall be ſaid of Iohn 2 Epiſt. 10. who forbids to receive a ſeducer in our houſe, or bid him God ſpeed. Sure this is ſome externall forcing of the conſcience, if we credit Libertines; for rather then ſome ſeducer lye in the fields in America in winter, he will ſay he abhors Familianiſme, though he hate all the ſound in the faith. Now is not this a greater externall power, armed againſt a Seducer, then if the holy Ghoſt had ſaid, If a murtherer, a Parricide, a Sorcerer, a Drunkard, come to your houſe, let him not lye in the fields, lodge him, but give him courſe cheare, and no bed to lye on, no fire to warme him? yet ſo much is not ſaid in expreſſe words, for the forcing of the conſcience in the New Teſtament. Againe, for the ſecond member, if to teach what we judge in our conſcience to be truth,If Hereſie bee Innocency, ſeducing hereticks ought to be praiſed and rewarded. though moſt erroneous, be no ſinne, but innocency, yea if (as Minus Celſus ſaid) it be a token of a good conſcience, and innocent feare of God, as Libertines ſay, we are to judge no mans heart, and that in a matter of ſalvation, no man will be ſo Devill-like as to go to hell, and leade millions of ſoules with him, the way being againſt his conſcience. For Ier. Taylor ſaith, It is all one here,Liberty of prophecying. whether it be a reall truth the Seducer holdeth and teacheth, or if he onelyonly apprehend it to be a truth, though it be an untruth; and he ſaid well according to his way. Now, if to teach (I ſay) what we conceive to be truth, though moſt falſe, be no ſinne, but innocency, then the Magiſtrate ought not onelyonly not to puniſh it, but reward it; and to allow ſtipends and maintenance to all Seducers, to teach what errors they judge ſaving truths. And grant me theſe three, which cannot be denied but by groſſe Anabaptiſts, 1. Rom. 13. That the Magiſtrate is to reward well doing. 2. That the workeman is worthy of his wages, 1 Tim. 5. 18, 19. Matth. 10. 10. And 3 That a preaching Miniſtry is neceſſary under the New Teſtament, 1 Cor, 1. 16, 17, 18. 23, 24. Rom. 10. 14, 15, 16. Then muſt it follow of neceſſity, That the Chriſtian Magiſtrate ſhould maintaine and pay ſtipends to all Preachers, whether ſound, and Orthodox, or Heterodox, and ſeducing; for if he withdraw maintenance, as a Magiſtrate, or any other way, becauſe he judgeth the Preacher to be unſound, and a ſeducer, he taketh upon himſelfe to puniſh a man for his conſcience, when as he hath no infallibility; and he doth ſo puniſh and force the conſcience of the innocent Paſtor and People both. For he is obliged to judge, that both the ſound Paſtor and the Seducer follow their conſcience; and whatever the Doctrine of either be, Orthodox or Heterodox, he is to judge that both followeth his innocent conſcience, and in ſo doing, both feareth God, and doth well; and by his Office he is for the praiſe and reward of well doers: And ſuppoſe he judge in his conſcience, that the Doctrine of the Seducer is error and Hereſie, yet is he to judge it Hereſie with a reſerve, ſo as it may be to him the next monethmonth ſound Doctrine; and therefore not to judge otherwayes of the Seducer, than that he followeth the dictates of his conſcience. And ſo as yet he doth not take on him infallibility to judge, that the Seducer teacheth againſt the light of his conſcience, and therefore is not to puniſh him, but reward him, and pay wages to him, as to a well doer: Yea, and whatever Miniſters teach, ſince neither they are infallible in teaching the very fundamentals, nor the people that heare infallible in judging, and neither are to beleeve with the perſwaſion of faith; And all are to be heard as inſtructors. For ſuppoſe you believe that Chriſt is God conſubſtantiall with the father, yet are you to heare Arrius preach, and to admit a contrary light. If Arrius can make the contrary appeare to your minde, and Arrius preacheth according to the light of his mind, and there is no reaſon why you ſhould not be inſtructed by the Seducer (for you are to try his doctrine) as well as by the ſound teacher, for you have no infallible knowledge who is the ſeducer, or who is the ſound Teacher, by the principles of Libertines.

The third cannot be ſaid, to wit, That it is indifferent to drive away people from the true God; for it muſt either be good and praiſe worthy, or evill, and ſo puniſhable, againſt which we have ſufficiently argued.

Argument 4 What the Magiſtrate is foreprophecied to be under the New Teſtament,The Magiſtrate as a Magiſtrate according to prophecies in the old Teſtament is to puniſh ſeducers. that he muſt diſcharge with all the power God hath given him, and that perpetually, and not by the tie of a judicial and temporary law, which binds for a time only. But the Magiſtrate is fore-prophefied Iſai. 49. 23. and 60. 10. Rev. 21. 26. to be a Nurſe-father to the Church under the New Teſtament, to keep and guard both Tables of the Law, and to ſee that Paſtors doe their dutie, to miniſter to the Church by his royal power, yea when the fountain ſhall be opened in Davids houſe, that is under the New Teſtament, he ſhall thruſt through the falſe Prophet that ſpeaketh lies in the Name of the Lord, Zach. 13. 1, 2, 3, 4, 5, 6. Kings as Kings muſt confer ſome royall ſervice to the Church, over which they are Nurſe-fathers. But all the power that Kings have, is eſſentially co-active, and in order to rewarding or puniſhing, Rom. 13. 3, 4. therefore they muſt confer coactive ſervice. Piſcator ſaith well, That the Prince is called the keeper of both Tables of the Law by our Divines, therefore he is to vindicate Gods glory in both. He that hath the keeping of two pits, one more horrible and dark, another more mild and heartſome for two malefactors, a theef, and an adulterer, he muſt not caſt the theef in ſuch a dark dungeon as the adulterer: So if the Magiſtrate keep both Tables, he muſt not puniſh according to his own will,Bloody Tenet c. 125. p. 214. What Maſter Williams giveth to the Magiſtrate in Religion is not ſufficient. but according to the rule and preſcript of God. Nor ſaith the Author of the Bloody Tenet any thing, when he tels us that the Magiſtrate owes to the true Religion; 1. Approbation and reverend eſteem. 2. Perſonall ſubmiſſion to the ſpirituall government, Mat. 18. 1 Cor. 5. 3. Protection to the Subjects whether they be apart or met together. To a falſe Religion he oweth permiſſion, not approbation Mat. 13. 30. 2. Protection from violence to their perſons and eſtates.

Anſw. All this is very nothing, 1. Approbation and ſubmiſſion to truth is no royall power. Iſaiah giveth a paternall and fatherly power to the King in Church matters, when he ſaith, He ſhall be a nurſe-father. Now all he gives in theſe two former points, to wit, approbation of, and ſubmiſſion to truth, is no more then any tradeſman or ſon owes to the Church: So Iſaiah makes the King a father; this author makes him a ſon ſubject to the Church, which ſubjection I deny not in another conſideration, but that as a nurſe-father he ſhould approve the truth, and ſubmit thereunto, as all the members of the Church, makes him both a father and a ſon; a commander, and a humble ſubmiſſive obeyer in the ſame conſid…ration, which is moſt contradictorious and uncongruous, for he muſt ſpeak of him as a Ruler, or elſe he ſaith nothing. The third thing which is, protection to the true Church is nothing to the purpoſe; for that he owes to them as ſubjects, not as they are ſerving God in the duties of the firſt Table, for the King by this man can neither command them nor forbid them, by his Magiſteriall or coactive power to ſerve God, or not to ſerve him, in the duties of the firſt Table, and by the true Church that the King owes protection to, the Author meaneth not the Church that is in it ſelf ſound and true, but the Church that ſeemeth and appeareth ſo to the conſcience of the Magiſtrate though moſt erronious. Now this is the Church of Seekers and Anabaptiſts, but ſuppoſe the Magiſtrate or Commander in war be a Familiſt, a groſſe Anabaptiſt; the Author will not ſay, That he ought to protect the Church aſſembled to worſhip God, and to excommunicate and deliver to Satan ſuch as ſubvert the faith of many, and ſay the Reſurrection is already paſt, or that he ought to protect an Aſſembly of Divines that are for Presbyteriall Government, and the truth that Calvin and our Reformers delivered: Theſe are to him Antichriſtian Synagogues; or if he owe them protection, he ought to offer violence with his ſword, to Anabaptiſts, ſuch as roſe in Germany under John Becold of Leydon, that out of meer principles of Religion, killed all that were not of their way, and to diſplace, impriſon, and confine Presbiterians. So yet in a defenſive way the Magiſtrate muſt offer violence to the conſcience of men, who for meer Religious grounds doe labour to ſcatter and violently to hinder the meetings of the ſervants of God: for how many of the Sectaries of England who are for liberty of conſcience have come into Churches in England, and ſtepped up to the Pulpit, and hindered the Miniſter the diſcharge of his conſcience to the flock, and offered violence to the meeting of the true Church? now it is not enough to ſay the Miniſter was but an Antichriſtian ſervice-bookman, and it was no true Church whoſe ſervice ſuch Sectaries interrupted; but giving and not granting it were ſo, yet are Libertines not to offer violence to the conſcience of any Church true or falſe, if they be true to their own principles: but this Author being an Anabaptiſt and a Seeker will ſay neither warres nor ſuch violence are lawfull, but if ſo, the Magiſtrate then cannot with the ſword protect the true Church againſt the violence of men, who upon meer conſcience diſturbe their Aſſemblies.

2. To Libertines all Churches profeſſing true Religion (as all Churches on earth, Indians, and Mahometanians not excepted, do) muſt be true Churches, for they are not to judge, but that they follow their conſcience,Chriſtian kings are no more nurſe-fathers Iſai. 49. 23. to the true Churches of Chriſt, then to the Synagogue of Antichriſt according to the way of Libertines. and ſo the Magiſtrate ow… protection to them, though their conſcience be moſt erroneous, & even for ſuch as they conceive to be true Churches, they are not infallibly perſwaded they are ſuch, and ſo the Magiſtrate gives no protection to them as true Churches, but only as Subjects, which the Author tells the Magiſtrate he owes to falſe Churches, & ſo the King by this is a Nurſe-father, by his office and by the places Iſai. 49. 23. and 60. 10. to bring his glory of protection to the where of Rome if they be his Subjects as well as to the New Jeruſalem: but ſure the King by theſe places ows father-nurſing and Magiſtratical protection to the true Church not to the falſe, becauſe Iſai 49. 23. 1. The place is clearly of ſuch a Church as the Lord can no more forget, then a woman cannot have compaſſion on the fruit of her wombe, v. 14, 15. 2. Such a Church as is graven on the palmes of Gods hands, v. 16. 3. Whoſe … ſters and deſtroyers ſhall be removed, v. 17. and deſtroyed, verſ. 18. 4. Which ſhall be inlarged, by the incomming of the Gentiles, whoſe place ſhall be too narrow for multitude of Sons and daughters begotten by the power of the Goſpel, though ſhe was a captive removing too and fro, v. 19, 20, 21. 5. A Church that ſhall lift up a ſtandard to the Gentiles, and Nations to take in their Sons and daughters to fight under Chriſts colours, as being baptized to the ſame faith, verſ. 22. 6 A Church whoſe ſpirituall Government Kings and Queens ſhall obey, licking the duſt before them, v. 23. 7. A people that wait for the Lord, and ſo ſhall not be aſhamed, v. 23. Now to ſay that a falſe Church ſhall have all theſe glorious priviledges needeth no refutation, and they muſt be ſtupid who teach that Kings are made Nurſe-fathers by this Text to Antichriſts Kingdom, as if the Lord had the Beaſt and his followers written on the palmes of his hands, or that Kings being made Nurſe-fathers to the true Church, owe nothing to thoſe that wait on the Lord, but the common protection of Subjects which they owe to limbes of Antichriſt, Jewes, Mahometans, Indians, who worſhip the Devil, if theſe be their Subjects is a very pleaſant dream and uncredible; for the place Iſai. 60. cryes to him that runs and will read, that Kings ſhall miniſter ſomething to the true Church, which they doe in no ſort to the falſe Church, and it is moſt evident to the judicious Reader, that the ſucking of the breaſts of Kings, v. 10. 16. and the kiſsing of the Son, Pſal. 2. muſt be more then common protection to Subjects that are open enemies to Chriſt and waſters of Zion; yea it muſt be ſome protection to the Church as the Church, and to the Laws and Ordinances of God, in rewarding the well-doers, and conſerving the Ordinances, and the correcting of wolves, Impoſtors, lying Prophets; for if we come to Maſter Williams his way, That the King owes protection from violence to the perſons and eſtates of falſe Worſhippers, to thoſe that ſerve Devils, and becauſe they are Subjects, then thoſe Texts ſay no more then Be glad Indians, Popiſh Idolaters, Mahometans, for I will make Kings your nurſe-fathers, and Queens your nurſe-mothers, and Kings…ſhall miniſter unto you, and you ſhall ſuck the hreaſts of Kings, and Kings ſhall bring their glory and riches to you. Nor need we prove that the place Iſai. 60. ſpeaks of the true Church, read it and its proved, v. 1. Ariſe, ſhine, for thy light is come, and the glory of the Lord is riſen upon thee, &c. Nor is the matter helped to ſay, It is a great favour, that the power of the Kings who lent their …orne to the Beaſt, is now lent to the Lambe and his followers for their comfort, for then what power bring the Kings to the New Jeruſalem, but Royal power? and what Royal power to protect the true Church in their perſons and eſtates as they doe the falſe? is this the breaſts of the milk of Kings, and their royall power as nurſe-fathers? and that power which they bring into the New Ieruſalem? when it is the ſame very power they brought into Babel, and the ſame horn they lent to the beaſt. 2. The Kings lent no royal and paternall power to the true Church but what they lent to Babel as yet, nor doe they yeeld any royall power to hold up Chriſts throne and maintain his ordinances, or convey the ſincere milk of the word, by their politick coactive power to the Church, if our Adverſaries Doctrine be received.

Againe, The mind of divers famous Authors touching the parable of the Tares.permiſſion to the falſe Church is proved by Matth. 13. 30. Let the tares grow …ill Harveſt. Gulielmus Pariſienſis part. 1. hact. de legibus p. 27. Ʋbi ergo impii in conſumptionem populi dei, vel diminutionem creſcunt, ibi nullatenus …reſcere ſinendi ſunt,Mr. Williams miſ-interpreteth the parable of the tares. ſed eradicandi; Quod ſi quis dixorit, quia ipſi ſunt zizania, poſſunt eſſe …riticum, quia converti poſſunt ad viam veritatis—ſed non hoc… certum, quod autem per▪ ipſes, illi qui triticum ſunt,Guli…l. Pariſ… enſts on the parable of the tares. Let them grow till harveſt, becauſe tares may become wheat, but that is uncertain, but it is certain that wheat may become tares, then let them grow till harveſt to deſtroy the people of God, is as if one ſhould ſay, let a few wolves continually eat and devoure the flock, becauſe God happily ſhall make theſe wolves ſheep and lambs, and let ſome few… burning torches devour and conſume the wood, becauſe God may make theſe fruitfull trees, and let ſome few Lepers, who continually infect moſt contagiouſly remain among whole people, becauſe God may ſave them. zizania ſiant, hoc evidenter certum eſt▪ Hoc enim eſt ac ſi diceretur, ut paucis lupis in media gregis exiſtenti…, gr…g…mque inceſſanter lacer antibus, ac devorantibus, parca…, quia forte deus, faciet illos, oves & agnos,—& dimitte…das p…eas faces ardentos in medio ſilv a lignorum germinantium, ipſ… que ſilv… inc…ſſanter ardentes, quia Deus forſitan faciet illas arbores fructiferas,—pauc…s leproſos dimittendos eſſe in medio ſani populi aſſidue contagio ipſum corrumpentes & inficientes, quia forſitan Deus ſalvabit illos. Calvin adverſ. Calvin adverſ. Servetum if the words of the parable be preciſely preſſed, all Magiſtrates muſt be interdicted of the uſe of the ſword, Ch…ker in Pareneſ. the Par…ble ſpeaketh not of …udges.Servetum numb. 597. ſi praeciſe nobiſcum agant, ex verborum formula, non tantum prohibeantur magiſtratus ab uſu gladii, ſed omnem diſciplinam è medio tolli oportet. Joan. à Ch…kier in Paraeneſi ad haereticos, c. 2. parabolam illam non loqui de judicibus. Beza de haeret. puniendis, p. 136. Nemo patrum haeretic…s ne quidem judicandos ante extremum diem aſſerit. 229. zizaniorum appellatione intelligi arbitror non ſols haereticos, ſed omnes qui vitae exemplo Eccleſiam offendunt, Chryſoſt. hom. 47. in Mat. ſinite creſcere, diſſipate haereticorum conciliabula, ora obſtruite, audacian loquendi concidite, ſed ne interficite, item ibid. dogmata quidem impia arguite & anathematizate, ſed hominibus ipſis parcite. How far is Mr. Williams Bloody Tenet againſt all the power of the Miniſtery, …eza nor none of the Fathers ever ſaid that Hereticks ſhould not be judged till the laſt day, Chryſoſ…. hom. 47. on Matth. d…ſſipate the Aſſemblies of Hereticks but kill them not.or ſo much as rebuking Hereticks, for he ſaith c. 28. p. 53. Thirdly I have proved that the Miniſters or Meſſengers of the Lord Jeſus ought to let (the tares or hereticks) alone, and to let them live in the world, and neither ſeek by prayer nor prophecie, to pluck them up before the harveſt. Enthymius and Theophylact follow Chryſoſtome, puniendos, non necandes. Iacobus Acontius ſtratage. Satan l. 3. p. 153. conſtat triticum eſſe pios, zizania impios—ſi ſinendi ſunt creſcere, tam impii, quam pii—tolleretur omnis magiſtratus authoritas omniſque diſciplina, & page 157. Inter Pontificios Jacobus Simanca pariſienſis Epiſcop▪ Jaco. Acontius by the wheat are meant the godly, by the tares the ungodly, if both godly and ungodly muſt be …ered to grow, all Magiſtracie and authoritie of diſcipline ſhould be aboliſhed. Jacobus Simanca. Tares are all wicked men, then no wicked men muſt be puniſhed, moſt abſurd. Ga…acheus. If reall danger be imminent, the Church and the Chriſtian Magiſtrate muſt abſtain from diſcipline, and the Parable ſaith … So Suarez.in Enchyridio violatae religionis ti. 1. p. 16. nu. 12. parabolam loqui de punitione impiorum, quando eſt periculum ne ſimul eradicetur triticum, zizania ſunt omnes filii nequam, nullus igitur facinoroſus puniendus, abſurdum, non loquitur parabola de judicibus. Phillippus Gamachaeus in 12. q. 10. de infidel. q. 13. ſinite creſcere, ſi verum ac reale non imaginarium damnum immineat, debet tum Eccleſia, debent tum Chriſtiani principes à coactione abſtinere. Sic Suarez tom. de vir theo. diſ. 18. ſe. 4. nu. 9. (ne forte eradicetis) ſie Auguſt. l. 3. contra Parmen▪ cap. 2. c. Tannerus, leaſt ye pluck up &c. …ee gives a juſt and adequate reaſon of the permitting of evill.33. Tannerus tom. 1. diſ. 1. de fid. q. 9. du. 2. n. 30. (ne forte …radicetis) ratio haec est communis & adequata omnis juſtae permiſſionis malorum quando etiam Deus eb eandem cauſam mala permittit, Azorius inſt. par. 1. l 8. c. 13. per zizania haeretici intelliguntur ſecundum Chryſoſtimum, Auguſtinum, Hieronimum, Enthymium, Theop…ylactum, ſed reſpondet ex parabolis non ſemper ſumi efficax argumentum,Azorius, by tares hereticks are not underſtood acco…ding to the mind of Chryſoſt. Auguſtine, Hierom… Euthymius, Theophylact. & generaliter per verba, accipi hic pravos mores & falſa dogmata. Nor is it altogether to be condemned that Gregorius 9. Innocen. 4. Paulus 3. Clemens 8. command the Talmudicall and Cabaliſticall books containing Blaſphemies againſt God to be burnt in the fire, Auguſt. Ep. 48. ad Vincen. retracteth ingeniouſly his opinion, That Hereticks ought not to be puniſhed, mea primitus ſententia, erat, neminem ad unitatem fidei cogendum. Theodore Srackius in hiſt. Anabap. c. 8. in notis p. 108. to the compelling of men to religion againſt their will, that which ſome object out of Lactantius, that Lactantius doth argue againſt ſuch as being deſtitute of the word of God and ſound reaſon, would compell by the Sword only men▪ to receive true Religion.

It is a token the man is ſcant and ebbe of proofes in Scriptures,The Parable of the Tares conſidered. when he can prove liberty of conſcience by no Scripture, but one wing and tith of a Parable, never expounded by Chriſt, who yet expoundeth all the reſt of the parts of the Parables, and yet (as I have ſaid before) the tares are not expounded by Chriſt to bee Heretickes, but ver. 38. The tares are the children of the wicked one, and ver. 41. all things that offend and doe iniquity. Mr. Goodwin denies that Heretickes are ill doers, Mr. Williams ſaith, they do iniquity but if he would expound and apply all the tithes and joynts of the Parable, then Mr. Williams muſt tell us what the ſleeping of men, v. 25. and what the ſpringing up of the blade is, and the bringing forth of the fruit is, v. 26. and how men quarrell with God, becauſe of the proſperity of Hereticks, when as Scripture extends the proſperitie that ſtumbles men, to the moſt wicked, who are fat and rich, Pſal. 37. 1, 2, 3, 4. Ier. 12. 12. Job 22. 1, 2, 3. and what the bundles are, verſ. 30▪ ſince Mr Williams (as all Libertines and Anabaptiſts are) is bold with the word to expound tares otherwiſe then the word of God and our Saviour Chriſt doth, who of purpoſe expoundeth the …res to be workers of iniquity, and ill doers, now Hereticks to Maſter Williams and Libertines are no ill doers, but innocent men, men that fear God, ſuch as ſuffer perſecution for conſcience, the children of light, of the promiſe, of the free woman, perſecuted by the children of this world, and the ſons of the bondwoman, as all their Books ſay; how doth Chriſt make theſe Hereticks that are named tares, ſuch as grow and flouriſh till harveſt, and then theſe innocent men that feared God are judged by God offenders in Chriſts Kingdome, workers of iniquity, caſt into a furnace of fire, where there ſhall bee wailing and g…aſhing of teeth? To conclude why doth Mr Williams ſay the Magiſtrate oweth protection, to the true Church apart and met together,Mr. Williams holdeth that the Prince oweth protection to all Idolatrous and bloodie Churches, if they be his Subjects. and ſaith not that he owes protection to the falſe Church, the ſame way apart and met together? he muſt ſecretly inſinuate that the Magiſtrate oweth ſome ſingular royall protection to the aſſemblies of Anabaptiſts and Seekers and the true Church, which he oweth not to the Church of wicked men met and aſſembled for worſhip. Yet when the wicked are aſſembled in the valley of the ſons of Hinnon to burn their ſons to Devils, when they are met in the high places to offer and Sacrifice, to the Sun and the Queen of Heaven, and to adore the works of mens hands, even then are theſe men, Subjects under a lawfull Prince, and this Prince muſt either in ſuch abominable and bloodie worſhip, defend their perſons and eſtates from violence, or then 1. Maſter Willams ſaith amiſſe 2. The Prince muſt by his office ſerve the Devil, and countenance, and defend a moſt wicked and bloodie ſervice, ſuch as Son-ſlaughter and Idolatry, and that againſt his conſcience though he judge them a falſe Church. 3. The Prince, if hee withdraw his royall defence, is wanting in his office, and yet it is his conſcience to neglect dutie to ſuch. 4. And muſt force the conſciences of people, in tempting them to de…iſt from what they in conſcience conceive to be the higheſt worſhip and expreſſion of love, fear and reverence to God, in that he refuſeth to protect them in man-ſlaughter, and ſuch ſervice to God, which they dare not venture on without his protection, leaſt men riſe up againſt them and deſtroy them.

Mr. Williams addeth ib. p. 216 To profeſſe the Magiſtrate muſt force the Church to doe her …, and yet the Magiſtrate muſt … judge what that dutie is, muſt be to play in ſpirituall things.

Anſw. That the Magiſtrate ſhould compell godly men to keep peace, and a David (ſuppoſe he were a Subject) not to kill, not to commit adultery under the pain of civill puniſhment, I ſuppoſe is not Hereſie, and yet I ſee not how the Magiſtrate is not to judge according to the word of God, what is wilfull murder, and ſo deſerveth death, by the Law of God, what is accidentall killing and deſerveth no death, but a Refuge and Maneprize. But the Magiſtrate (ſay Liberti…es) ſhould not judge what is hereſie, what ſound doctrine, why? becauſe that is to be judged according to the word of God by Paſtors. But, that is, … cauſa pro cauſa, for the King is to judge what is murther, what not, and all matters belonging to a civill Judge, what is morally good and evill, and what is puniſhable by the ſword, what not, by reading on the book of the Law when he ſitteth on the throne, Deut. 17, 18, 19. but this he judgeth in order to civill puniſhment, and not in order to the gaining of ſouls, and in ſo far as concerns his practice, and the ſame way is he to judge what is hereſie, what not, if this be not ſaid, then ſhould we play indeed in ſpirituall matters.

Q. But is not the Chriſtian Ruler then as a Ruler, to judge whether Arrius ought to be baniſhed, and impriſoned, who denieth the Son of God to be conſubſtantiall with the Father?How the Magiſtrate is to judge of Hereſie. and ſo all Rulers are to judge of Hereſies and Goſpell▪ Truths even Indian and Puga… Magiſtrates, who are eſſentially Magiſtrates, as well as Chriſtian Rulers, for quod convenit foreign.

Anſ. There is a difference betwixt a Ruler, and ſuch a Ruler, a Chriſtian Ruler, or a Heathen Ruler, a Ruler a… a Ruler, ſhould judge of all civill buſineſſes, and of truths and falſhood in Religion, for all Nations have ſome God, and ſome Religion; but a Ruler as a Chriſtian Ruler onelyonly, not as a Ruler (as the notion of: … a Ruler doth … and the Chriſtian Ruler) ought … judge what is Goſpel truth, or Goſpel untruth, for then all … Pagan, or what not ſhould judge the Goſpel truthe though they be not obliged to believe in Chriſt, or to know the Goſpel, which they never heard, Rom. 10. 14, 15, 16. Now this is abſurd. But onelyonly Rulers as Chriſtian Rulers ſhould judge of Goſpel-truths; Magiſtrates ſhould judge, but all Magiſtrates as Magiſtrates, ſhould not judge of all buſineſſes, and of all matters belonging to all Countries;A Magiſtrate and a Chriſtian Magiſtrate are to be d…fferenced, nor can or ought all Magiſtrates to judge of, or puniſh all Hereticks. for then an Indian Magiſtrate ſhould judge of all the matters of France, England, Scotland, which cannot be ſaid, ſo a Magiſtrate as a Magiſtrate ſhould judge of Religion, but not all Magiſtrates of all Religions, for Heathen Magiſtrates cannot judge, nor ought not to judge whether Arrianiſme be Hereſie or not, and whether it be puniſhable by the Sword or not, whether Chriſt Mediator hath one will, as the Monothelites ſaid, or two as the Catholike Proteſtants ſaid, becauſe the Heathen Magiſtrate (as we ſuppoſe) never heard of Chriſt. So we ſay a judge of France cannot judge, as a judge, of tranſporting of wooll out of England, or of wax out of Scotland: nor can an Engliſh Judge as a Judge, judge of tranſporting of wines out of France, or of crying down, or up the worth of Monies within Scotland, only the judges of France can, and ought to judge of the former, and that not as Judges ſimply, but as …th Judges of France, and only the Judges of Scotland as they are ſuch, can judge of crying up or down monies in Scotland: and upon the ſame ground, Judges as Judges are not, nor ought they as Judges to determine what Goſpel truths are praiſeworthy, in order to civill rewards, and what Goſpel hereſies are puniſhable, for of theſe they are to determine judicially as ſuch judges, as Chriſtian Judges who are hearers of the Goſpel. Though Chriſtianitie adde nothing to the eſſence of a judge as a judge, yet Chriſtianity addeth ſomething to the being and authoritative power of ſuch a judge, a Chriſtian, a Scottiſh, an Engliſh judge, this remaineth then true of a judge. What a Judge doth as a Judge, that all Judges may do, for quod convenit foreign convenit foreign but what ſuch a judge doth as ſuch a judge, as Chriſtian, as Scottiſh, as Engliſh, that all judges may not, nor cannot doe: So a Chriſtian husband, father, maſter, as Chriſtian, is to give Chriſtian Counſels and inſtructions to his wife, children, ſervant, but it followes not that all husbands, all fathers, all maſters, though heatheniſh and Pagan, though they never head of Chriſt, are to give Chriſtian counſells and … to the principles of the Goſpel, to their wives, ſons, ſervants; So the Chriſtian Prince, not as a Prince ſimply, but as a Chriſtian Prince is to confer his royall authority, in a politick and co-active way to promote the Mediatory Kingdome of Chriſt, which all judges on earth are not to doe, for theſe Judges only Pſal. 2. are to kiſſe the Son, who hear the decree publiſhed, Thou art my Son, Pſal. 2. 6. for a Law never pro…gated, neither by heart ingraving, neither by miniſter all publication can oblige no man, as is cleer Rom. …. 12. Rom. 10 14, 15. and 5. 13. Joh. …5. 22. Matth. 11. 2… 23, 24. Yet ſhall it not follow that the Chriſtian Judge is a ſub-mediator under Chriſt, and ſubordinate as a Vice-gerent to the M…diator, for the chriſtian Magiſtrate does not promote Chriſts Kingdome, as the Miniſter of Chriſt, or as repreſenting Chriſts perſon, for the Chriſtian Magiſtrate is the Miniſter of God, and the Vice-gerent of God; now God as the Soveraign Lord hath a co-active power overall, the Magiſtrate, Heathen, or Chriſtian, is his Vicegerent, and the Chriſtian Ruler may compell with the Sword all to ſerve the Son, yet the Son as Mediator whoſe kingdome is not of this world, ſends not men out to promote his Kingdome with the ſword,Bloody Tenet, cap. 6. p. 24, 25. Joh. 18 36, 37.

Mr. Williams civill peace is pax civitatis, the peace of the citie, Jer. 29. 7. Pray for the peace of the Citie, which peace of the citie or citizens ſo compacted in a civill way of union,Whether peace of civill ſocieties be ſure, where there is toleration of all Religions, and what peace Chriſtians can have in Toleration. may be intire, unbroken, ſafe, &c. notwithſtanding ſo many thouſands of Gods people, the Jewes, …re there in bondage, and would neither be conſtrained to the worſhip of the City of Babell, nor reſtrained from ſo much of the worſhip of the true God, as they … practiſe, as is plain in Shadrach, Moſha…, and Abedaego, Daniel 3. in Daniel c. 6. who would rather ſuffer, then de…iſt from true worſhip, or practice falſ…: So the … Papiſts keep the peace of their Townes and Cities ſafe and diſtinct, where there is no ſpirituall and heavenly peace.

Anſw. All this is to prove that there may be no breach of Citie peace, or civill peace, where there are … of ſundry Religions. But 1. the mans ſhould remember, there is a Chriſtian externall peace, which … an … providence can not be kept, where there be divers Religions, and ſundry waies of worſhipping Chriſt, & we beleeve our Saviour intendeth ſo much, Mat. 10. 34. Thinke not that I am come to ſend peace … earth, I came not to ſend peace, but the ſword. v. 35. For. I am come to ſet a man at variance againſt his father, and the daughter againſt h…r mother. Luke 21. 16. And ye ſhall be be…r dyed …oth by your parents, brethren, kinsfolks, and friends, and ſome of you they ſhall cauſe to be put to death. And what is the quarrell, but divers Religions and waies of worſhip about Chriſt? So Paul exhorteth to Chriſtian peace, Epheſ. 4. 3. Indeavouring to keep the unity of the Spirit in the bond of peace, not becauſe of contrary Religions, and many Sectaries called the holy partie that are to bee tolerated in meekneſſe and mutuall forbearance:Peace is commanded in the new Teſtament, no word of toleration of divers Religions, which are the Seminaries of diſcords between the ſeed of the woman and the Serpents ſeed, in all the New Teſtament, is to be found by precept, promiſe, or practice, nor any ground of repealing judiciall Lawes, for puni…hing ſeducing Teachers. But v. 5. Becauſe there is but one Lord, one faith, one baptiſme, and but one Religion whether Presbyteriall or Independent, and ſince the Apoſtles and Chriſt in the NewTeſtament ſo often recommend peace, and never once inſinuate forbearance in diverſitie of Religion, and all the Apoſtles and Apoſtolike Church had but one Religion, toleration of many Religions, not being a part of the New Teſtament liberty where with Chriſt hath made us free, as is the libertie from Ceremonies, and righteouſneſs by the Law, that the fooliſh Galathians affected, Gal. 5. 1, 2, We conclude there is a Law againſt Toleration of many Religions, not any repealing of that Law in the New Teſtament, but divers Religions expreſſely forbidden as contrary to peace, and foretold to fall out as ſad judgements, Mat. 19. 35. Mat. 24, 24, Luke 21. 14. 15, 16, 17, 18. 1 Tim. 4. 1, 2, 3, 4. 2 Tim. 3. 5, 6, 7. 8. 2 Joh. 10. Affirmanti incumbit probatio, Our Adverſaries are obliged to give us precept, promiſe, or godly practice, why a morall ſin forbidden and ſeverely puniſhed in the old Teſtament, ſhould yet remaine a Moral ſin in the New Teſtament, and yet not be puniſhable by men or Churches, yea Solomous toleration of the Idolatrous worſhip, 1 Kings 11. provoked the Lord to anger, yet his wives conſciences ſhould not have been compelled to leave off the worſhipping of the Gods of the Moabites, Ammonites, by this way, Rom. 14. 19. Let us follow after the thing that makes for peace (ſaith Paul) but Toleration of many Religions is contrary to peace, if one of them be the only true way, the reſt are all falſe waies, the mixture of the two contrary ſeeds, the ſeed of the Serpent, and the ſeed of the woman muſt be againſt peace; and Paul exhorting to union and Chriſtian peace, thinks many Religions, many Sects and opinions tolerated, 1 Cor. 1. 10. to be juſt contrary to peace. Now I beſeech you brethren by the name of our Lord Jeſus Chriſt, that ye all ſpeak the ſame thing, and that there be no diviſions among you, but that ye be perfectly joyned together in the ſame minde, and in the ſame judgement. Hence he ſeriouſly dehorts from Schiſmes and Sects, whereas upon ſuppoſition of divers Sects, all being godly, we ſhould have ſome charitable precepts commanding men of divers Religions to beare with one another; but where is that written? and if they dwell together peaceably, why but they may marry together, Achab then in marrying the King of the Zidonians daughter, failed not, and he married her wicked Religion. Clotildis the daughter of Clodoveus married Almaricus the Arrian, King of the Wiſigots, the Maid being educated in the ſound faith, but Procopius, l. 1. Bell. Gothorum ſaid, there was never peace between them. As for Mr. Williams Chaldean, and Heatheniſh or American peace, we leave it to himſelf; the peace the people of God was to pray for, Jer. 29. was onelyonly outward proſperity, freedome from the Sword of Egypt, and from other Nations, that the captive Church might alſo partake of that peace. But I hope Jeremiah bad not the people of God in Judea, under the Babyloniſh captivity, follow an Heatheniſh peace, with toleration of divers Religions, or yet a Religious peace, or a Church peace, that ſtandeth well with many Religions, yea they are to denounce wrath againſt the Chaldee Religion, Jer. 10. 11. and would he have Chriſtians all keeping ſuch an Heatheniſh unity and peace,Libertines give us heatheniſh, not Chriſtians peace under many Religions. as Babylonians and Americans have, and in the mean time tolerate all Religions, Chriſtians who have one God, and one faith, and one hope are to follow more then a Civill and Heatheniſh peace.

It is therefore in vaine for Libertines to tell us, that Abraham lived long amongſt the Canaanites, who were contrary to him in Religion, Gen. 13. and Iſaac with them, Gen. 26. and Jacob twenty years with Laban an Idolater, Gen. 31. Iſrael in Egypt 430 years, in Babylon 70. Iſrael under the Romans with Herodians, Phariſees. What of all theſe? the godly Rulers and Church, ſometimes Pilgrims, ſometimes ſervants, ſometimes captives, never having the Sword nor power of it as Magiſtrates to take order with falſe Teachers, did peaceably dwell with them, ergo, godly Magiſtrates armed with the Sword, muſt now ſuffer the Sheep of Chriſt, to be worried and preyed upon by Wolves? this conſequence is nothing, this is à facto adjus, and to argue from the controverted practice of Heathen.