Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again.
Cartwright, Thomas, 1535-1603.
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Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again.
Cartwright, Thomas, 1535-1603.
Cartwright, Thomas, 1634-1689, attributed name.
[2], 14 p.
Printed for Thomas Banks, at the signe of the Seale in Westminster Hall,
London :
1648.
Sometimes erroneously attributed to Thomas Cartwright 1634-1689.
Annotation on Thomason copy: "Jan.24"; the 8 in imprint date has been crossed out and date altered to 1647.
Reproduction of the original in the British Library.
eng
Religious tolerance -- England -- Early works to 1800.
Divorce -- Great Britain -- Early works to 1800.
Justices of the peace -- England -- Early works to 1800.
Justice -- Biblical teaching -- Early works to 1800.
A80850 R204533 (Thomason E423_19). civilwar no Helpes for discovery of the truth in point of toleration:: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity- Cartwright, Thomas 1648 6610 4 5 0 0 0 0 14 C The rate of 14 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words.
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Helpes
for
Discovery
of
the
Truth
In
Point
of
TOLERATION
:
BEING
The
judgment
of
that
eminent
Scholler
Tho.
Cartwright
,
sometimes
Divinity-Professor
in
the
University
of
Cambridge
in
the
Reigne
of
Queen
Elizabeth
of
happy
memory
,
and
then
a
famous
Non-Conformist
,
for
which
through
the
tyranny
of
the
Bishops
he
suffered
Exile
.
Wherein
the
Power
and
Duty
of
the
Magistrate
in
relation
to
matters
of
Religion
is
discussed
;
as
also
whether
the
Judiciall
Lawes
given
by
Moses
to
the
Jewes
are
abrogate
by
the
coming
of
Christ
.
More
particularly
in
relation
to
some
sinnes
,
viz.
Blasphemy
,
Adultery
,
&c.
Occasionally
handled
in
a
Controversie
betweene
the
said
publike
Professor
T.
C.
and
Doctor
Whitgift
.
Here
also
by
the
way
is
laid
downe
his
judgment
in
the
case
of
Divorce
,
and
that
the
party
innocent
may
marrie
again
.
LONDON
,
Printed
for
Thomas
Banks
,
at
the
signe
of
the
Seale
in
Westminster
Hall
.
1648.
To
the
Reader
.
Christian
Reader
,
FOr
understanding
this
piece
of
Mr.
Cartwrights
,
thou
art
to
consider
,
that
it
is
an
extract
out
of
a
booke
of
his
written
for
a
reply
to
the
then
Bishop
of
Canterbury
Dr.
Whitgift
.
And
finding
that
he
unfolds
many
truths
for
the
setling
of
mens
judgments
in
these
times
,
as
concerning
the
force
of
the
Judiciall
Lawes
of
Moses
given
to
the
Jewes
,
concerning
the
punishment
of
blasphemy
,
adultery
,
&c.
it
was
judged
likely
to
prove
usefull
to
the
Church
of
Christ
if
it
were
made
more
publike
,
the
old
Book
being
neer
worn
out
of
print
.
The
extent
and
continuance
of
the
Law
Morall
,
Ceremoniall
,
and
Judiciall
,
with
their
severall
uses
,
not
being
well
considered
,
hath
been
the
cause
that
many
errors
of
late
times
have
been
pleaded
for
.
Somthing
of
the
Law
was
abrogated
by
the
coming
of
Christ
:
this
being
hinted
and
taken
hold
of
by
the
ignorant
and
unstable
,
they
understand
it
of
the
abrogation
of
all
,
both
Ceremoniall
,
Judiciall
and
Morall
,
and
so
open
a
gap
to
licentiousnesse
.
Thus
by
confounding
what
should
be
distinguisht
,
many
absurdities
have
their
rise
.
There
is
somthing
Morall
among
the
Iudicialls
,
which
will
stand
against
all
opposition
.
There
is
somwhat
in
the
Morall
which
is
abrogate
to
the
believer
,
as
the
curse
,
the
condemning
power
,
the
irritating
nature
,
&c.
Qui
bene
distinguit
,
bene
docet
.
I
leave
the
clearing
of
some
of
these
things
to
this
ensuing
extract
:
The
Lord
grant
us
discerning
spirits
,
together
with
hearts
to
walk
in
the
light
of
his
truth
,
when
we
discerne
it
.
Helpes
for
discovery
of
the
Truth
,
in
point
of
Toleration
.
MY
former
Assertion
was
,
That
we
have
a
word
of
God
for
our
direction
in
all
things
which
we
have
to
doe
.
My
reason
illustrating
this
truth
was
this
,
That
otherwise
our
estate
should
be
worse
then
the
state
of
the
Jews
,
who
had
direction
(
as
is
on
all
hands
confest
)
out
of
the
Law
,
even
for
the
least
things
;
And
whereat
it
is
the
vertue
of
a
good
Law
,
to
leave
as
little
undetermined
,
and
without
the
compasse
of
the
Law
,
as
can
be
,
my
adversary
D.
W.
imagining
that
we
have
no
word
for
divers
things
,
wherein
the
Jews
had
particular
direction
,
supposeth
a
greater
perfection
●n
the
Law
given
to
the
Jewes
,
then
in
that
which
is
left
to
us
.
That
this
is
a
principall
vertue
of
the
Law
,
may
be
seen
●nd
evidenced
thus
;
First
,
because
conscience
that
is
well
●●nstructed
and
touched
with
the
feare
of
God
,
will
seek
direction
from
the
light
of
Gods
word
,
even
in
the
smallest
actions
.
Secondly
,
common
reason
will
urge
it
,
the
Masters
whereof
give
this
Rule
,
{non-Roman}
{non-Roman}
{non-Roman}
{non-Roman}
{non-Roman}
,
&c.
Arist.
ad
Theod.
viz.
It
greatly
behoveth
those
Lawes
which
are
well
made
,
as
much
as
can
be
to
determine
of
all
things
,
and
to
leave
as
few
things
as
may
be
to
the
discretion
of
the
Judge
.
I
added
,
That
the
new
Testament
is
a
noble
addition
to
the
old
,
that
it
maketh
the
old
more
manifest
,
and
bringeth
greater
light
;
which
expression
(
though
D.
W.
wrangleth
withall
)
is
no
other
then
Mr.
Calvin
useth
on
2
Tim.
3.
where
he
calls
the
Gospel
an
addition
to
the
Law
:
Let
us
therefore
now
consider
,
whether
in
the
matter
of
the
Judiciall
Law
,
that
which
I
have
set
downe
be
strange
and
dangerous
,
as
Dr.
W.
surmiseth
.
I
doe
not
affirm
,
that
the
Magistrate
is
simply
bound
to
the
Judiciall
Law
of
Moses
;
but
that
he
is
bound
to
the
Equity
,
which
I
also
call
the
substance
and
marrow
of
them
,
in
regard
of
which
equity
,
I
affirm
that
,
There
are
certaine
Lawes
among
the
judicialls
,
which
cannot
be
changed
.
Hereof
I
gave
example
in
the
Laws
which
command
,
that
a
stubborn
Idolater
,
Blasphemer
,
Murtherer
,
Incestuous
person
,
and
such
like
should
be
put
to
death
.
For
the
first
point
,
That
the
equity
of
the
judicialls
doth
remain
,
and
therefore
ought
to
be
a
rule
to
direct
all
Laws
by
:
To
let
passe
the
authority
of
Mr
Calvin
,
Mr
Beza
,
and
other
writers
of
our
time
,
who
have
written
with
any
judgement
of
this
matter
,
(
who
doe
in
plain
words
affirm
,
that
there
is
a
perpetuall
equity
in
them
,
and
that
our
Laws
,
though
they
differ
in
forme
,
yet
ought
to
retaine
the
reason
or
ground
of
them
)
I
say
to
let
that
passe
,
I
assert
,
That
all
these
Laws
,
Morall
,
Ceremoniall
,
and
Judiciall
,
being
the
Laws
of
God
,
and
by
his
revealed
will
established
,
must
so
farre
forth
remaine
,
as
it
appeareth
not
by
his
will
that
they
are
revoked
.
To
boult
out
therefore
this
truth
,
seeing
the
altering
or
revoking
of
any
Law
must
be
by
our
Saviours
comming
only
,
Let
us
inquire
what
those
Laws
are
which
he
put
an
end
unto
.
This
thing
may
be
considered
in
that
division
which
S.
Paul
useth
,
where
he
saith
that
our
Saviour
Christ
came
to
make
peace
,
first
between
God
and
men
,
and
then
between
men
and
men
;
that
is
to
say
between
the
Jews
and
Gentiles
.
1.
The
Ceremoniall
Law
therefore
being
a
Law
of
enmity
(
which
as
a
wall
held
out
the
Gentiles
from
joyning
themselves
unto
the
Jews
)
was
necessary
,
among
other
causes
,
in
this
respect
to
be
taken
away
.
Secondly
,
the
curse
of
the
Law
,
for
the
breach
of
any
of
the
Lawes
of
God
,
either
pertaining
to
the
Jews
in
times
past
,
or
unto
us
now
(
being
that
which
maketh
the
wall
between
the
Lord
and
us
)
was
,
for
our
reconciliation
with
his
Majesty
,
necessarily
to
be
removed
:
whereupon
it
followeth
,
First
,
That
the
Morall
Law
(
as
that
which
hindereth
not
our
reconciliation
with
God
,
nor
our
good
agreement
with
men
)
is
in
as
full
strength
as
ever
it
was
before
the
comming
of
our
Saviour
Christ
:
For
the
curse
of
the
Law
besides
that
,
it
is
in
regard
of
the
Elect
,
rather
fulfilled
and
executed
in
the
person
of
our
Saviour
Christ
,
then
abrogated
.
2.
Besides
that
also
,
it
hath
a
necessary
use
as
yet
towards
the
Elect
,
not
only
to
drive
them
to
the
faith
which
is
in
Christ
Jesus
,
but
also
to
keep
under
the
remnants
of
rebellion
,
even
of
them
which
have
already
believed
.
And
3.
Besides
that
,
the
force
thereof
is
dayly
,
and
shall
be
for
ever
executed
upon
the
wicked
.
4.
Besides
all
this
,
seeing
this
curse
was
annexed
not
only
to
the
breach
of
the
Morall
Law
,
but
also
of
the
Ceremoniall
and
Judiciall
,
there
is
no
just
cause
,
why
the
Morall
Law
should
be
said
to
be
abrogated
.
Secondly
it
followeth
hereupon
,
That
those
Judiciall
Laws
of
Moses
,
which
are
meerly
Politck
,
and
without
all
mixture
of
Ceremonies
,
must
remain
,
as
those
which
hinder
not
the
Attonement
of
Jews
and
Gentiles
with
God
,
or
of
one
of
them
with
another
.
Besides
this
,
It
being
manifest
,
that
our
Saviour
Christ
came
not
to
dissolve
any
good
Government
of
Common-wealth
,
he
can
least
of
all
be
thought
to
come
to
destroy
that
which
himselfe
had
established
.
Of
this
Point
Dr.
W.
hath
two
contrary
sentences
,
one
of
Musculus
,
which
saith
that
the
Judiciall
Law
is
abrogate
,
the
other
of
Beza
,
which
is
,
That
the
Judiciall
Law
being
given
to
the
Jewes
,
is
not
yet
abrogate
,
so
that
if
they
had
any
estate
of
Common-wealth
in
the
Land
of
Canaan
,
they
should
be
constrained
to
use
that
forme
of
Government
,
which
was
given
to
them
by
Moses
.
Now
albeit
those
Lawes
given
unto
the
Jews
for
that
Land
,
doe
not
bind
the
Gentiles
in
other
Lands
,
forsomuch
as
the
diversity
of
the
dispositions
of
the
people
,
and
state
of
that
Country
,
gave
occasion
of
some
Laws
there
,
which
would
not
have
been
in
other
places
,
yet
forasmuch
as
there
is
in
those
Laws
a
constant
and
everlasting
Equity
whereupon
they
were
grounded
,
2.
And
the
same
perfecter
and
further
from
errour
then
the
forge
of
mans
reason
(
which
is
even
in
this
behalfe
shrewdly
wounded
,
)
is
able
to
devise
;
It
followeth
,
that
even
in
making
Politick
Laws
for
the
Common-wealth
,
Christian
Magistrates
ought
to
propound
unto
themselves
those
Laws
,
and
in
light
of
their
Equity
by
a
just
proportion
of
circumstances
,
of
person
,
place
,
&c.
to
frame
them
.
Now
to
prove
this
truth
,
That
the
equitie
of
the
Iudiciall
Law
remaineth
,
(
not
as
a
counsail
which
men
may
follow
if
they
list
,
and
leave
at
their
pleasure
,
but
)
as
a
Law
whereto
they
be
bound
,
I
shall
prove
by
an
Argument
taken
from
that
of
the
Apostle
in
1
Cor
9.
where
after
he
had
alleaged
divers
similitudes
,
fetcht
from
the
common
use
of
men
,
to
prove
that
a
Minister
of
the
Gospel
ought
to
be
maintained
upon
the
Churches
charge
;
least
it
might
be
objected
that
these
were
but
humane
reasons
,
he
citeth
one
of
the
Judiciall
Laws
,
as
the
eternall
Law
of
God
,
Deut.
25.
4.
Thou
shalt
not
muzzell
the
mouth
&c.
Where
it
is
manifest
,
that
he
doubteth
not
to
bind
the
Conscience
of
the
Corinths
unto
the
equity
of
that
Law
which
was
Judiciall
,
and
so
urgeth
it
ver.
10.
Likewise
of
the
finding
of
the
Priests
in
the
service
of
the
Altar
,
commanded
in
the
Law
,
he
concludeth
,
That
those
which
preach
the
Gospel
should
live
of
it
.
And
this
maintenance
of
the
Priest
,
albeit
in
the
manner
of
the
provision
it
was
meerly
Ceremoniall
,
yet
as
it
was
a
reward
of
their
service
,
due
by
men
(
as
the
punishments
also
,
if
they
had
failed
in
their
duties
,
)
was
meer
Judiciall
.
Whereupon
it
followeth
,
that
in
those
Judicialls
,
to
all
the
circumstances
whereof
we
are
not
bound
,
we
are
yet
bound
to
the
Equity
of
them
.
It
remaineth
to
shew
,
that
there
are
certain
Judiciall
Lawes
which
cannot
be
changed
,
as
that
a
Blasphemer
,
contemptuous
and
stubborn
Idolater
,
&c.
ought
to
be
put
to
death
.
They
which
would
have
this
left
at
liberty
,
have
nothing
to
alledge
to
colour
their
loosenesse
,
but
the
coming
of
Christ
and
his
passion
:
but
they
do
not
see
how
this
their
arguing
faultreth
divers
wayes
.
For
,
1.
It
is
a
childish
error
to
think
,
that
our
Saviour
Christ
came
to
exempt
men
from
corporall
death
,
which
the
Law
casteth
upon
evill
doers
,
when
as
he
came
not
to
deliver
from
death
,
which
is
the
parting
of
the
body
from
the
soule
,
but
from
that
which
is
the
separation
both
of
body
and
soul
from
the
gracious
presence
of
the
Lord
.
And
if
it
were
so
,
that
our
Saviour
Christ
had
born
in
his
Body
this
civill
punishment
of
publike
offenders
,
it
must
thereupon
follow
,
not
that
it
is
in
the
liberty
of
the
Magistrate
to
put
them
to
de●th
,
but
that
he
must
,
will
he
,
nill
he
,
if
they
repent
,
keep
them
alive
.
For
if
our
Saviour
hath
answered
that
justice
of
God
in
his
Law
,
whereby
he
hath
commanded
that
such
malefactors
should
be
put
to
death
,
it
should
be
great
injustice
to
require
that
again
in
the
life
of
the
offender
.
2.
Againe
,
this
opinion
is
injurious
to
the
death
of
Christ
;
for
if
he
were
for
this
cause
made
manifest
in
the
slesh
,
that
he
might
destroy
sin
,
which
is
the
work
of
the
Devill
,
1
Ioh.
3.
8.
this
imagination
of
a
liberty
left
to
the
Magistrate
,
whether
he
will
put
them
to
death
or
not
,
doth
make
Christ
build
againe
that
kingdome
of
sin
which
he
hath
destroyed
:
For
,
when
both
in
common
reason
,
and
by
the
manifest
word
of
God
,
the
Lord
giveth
this
blessing
unto
the
punishment
of
such
grievous
offenders
by
death
,
that
others
(
not
only
which
see
,
but
also
)
which
heare
of
them
,
have
the
bridle
of
feare
put
upon
them
,
whereby
they
are
with-holden
from
the
like
crimes
,
it
must
needs
follow
,
that
whosoever
maketh
our
Saviour
Christ
author
of
this
loosenesse
,
in
not
punishing
such
offenders
,
maketh
him
forthwith
to
loose
the
bridle
whereby
others
are
stayed
from
throwing
themselves
down
the
hill
of
wickednesse
which
was
before
committed
:
And
what
is
,
if
this
be
not
,
to
make
our
Saviour
Christ
a
troubler
of
common-wealths
?
Moreover
,
if
our
Saviour
Christ
by
his
coming
loosed
these
civill
punishments
,
and
purchased
this
grace
of
his
Father
for
blasphemers
,
&c.
that
if
they
could
find
favour
in
the
eyes
of
the
Magistrate
,
they
might
escape
the
hands
of
death
,
which
the
Law
of
God
adjudgeth
them
unto
:
How
commeth
it
to
passe
,
that
the
Apostles
,
to
whom
the
Lord
committed
the
publishing
of
all
that
pardon
which
he
obtained
for
us
,
did
never
make
mention
of
the
slaking
of
these
punishments
?
If
our
Saviour
Christ
had
obtained
this
liberty
,
it
was
worthy
the
preaching
;
and
therefore
unlesse
D.
W.
can
shew
something
out
of
the
writings
of
the
Apostles
,
to
warrant
this
Sanctuary
,
which
he
would
so
faine
build
to
the
support
of
blasphemers
,
murderers
,
&c.
it
followeth
,
that
the
Apostles
,
by
his
saying
,
have
not
answered
the
trust
committed
unto
them
;
But
if
all
godly
minds
doe
abhorre
these
absurdities
,
there
is
no
cause
why
they
should
like
of
this
corruption
of
the
Doctor
,
whereupon
all
these
depend
.
Nay
in
that
the
Apostle
putteth
a
sword
in
the
hand
of
the
Magistrate
,
and
in
the
use
of
it
maketh
him
a
Minister
and
servant
of
the
vengeance
and
justice
of
the
Lord
against
sinne
:
He
striketh
through
this
opinion
,
which
imagineth
that
our
Saviour
Christ
came
to
hang
the
sword
of
the
Lords
justice
upon
the
pleasure
and
will
of
man
.
For
the
Magistrate
being
the
Lords
Officer
,
as
the
Sheriffe
is
the
Magistrates
:
It
is
no
more
in
his
choice
to
with-hold
the
Sword
which
the
Lord
hath
put
in
his
hand
to
draw
,
then
in
the
power
of
the
Sheriffe
,
to
stay
the
execution
of
that
judgement
,
which
the
Magistrate
himselfe
hath
lawfully
commanded
,
Now
seeing
there
is
a
sword
in
the
Magistrates
hand
,
by
the
doctrine
of
the
Apostles
,
and
that
also
which
the
Magistrate
must
of
duty
draw
;
I
would
gladly
know
where
that
necessity
of
drawing
this
sword
can
be
found
,
if
it
be
not
in
these
crimes
of
Blasphemy
,
&c.
which
I
have
set
downe
?
And
if
he
say
that
Paul
,
by
the
sword
understandeth
all
manner
of
civill
punishments
,
as
well
by
the
purse
,
as
by
other
bodily
chastisements
which
spare
the
life
;
I
grant
it
,
but
by
an
usuall
manner
of
speech
which
is
figurative
,
and
noteth
the
whole
by
the
part
,
he
rather
chose
to
utter
those
punishments
by
the
Sword
,
then
either
by
the
whip
or
purse
:
whereby
he
did
not
only
not
exclude
this
necessity
of
punishing
malefactors
with
death
,
but
laid
rather
a
straiter
bond
upon
the
Magistrate
to
execute
those
which
commit
things
worthy
of
death
.
Hitherto
generally
of
putting
those
to
death
,
which
commit
things
against
the
Laws
remaining
still
in
force
,
as
they
were
in
times
past
established
by
the
bloud
of
the
Transgressors
:
Now
I
will
come
to
the
particular
crimes
set
downe
,
and
first
for
the
crime
of
Adultery
.
It
is
to
be
considered
that
the
crime
of
Adultery
is
a
breach
of
the
holy
and
ancient
,
both
institution
and
solemn
Covenant
of
the
Lord
,
then
that
it
is
an
injury
done
unto
the
innocent
party
in
the
most
precious
possession
that
can
be
,
in
things
pertaining
to
this
present
life
,
joyned
with
dishonour
cast
not
only
upon
the
person
,
but
upon
all
his
Children
,
and
in
a
manner
on
all
those
that
belong
unto
him
.
Thirdly
that
this
fire
doth
not
only
wast
the
family
where
it
is
,
but
maketh
a
breach
into
the
Common-wealth
,
whilst
the
right
of
inheritance
,
either
of
Lands
or
Offices
is
oftentimes
thus
translated
from
the
true
Inheritors
,
while
the
children
which
are
so
begotten
,
having
oft
times
lesse
care
and
cost
bestowed
on
them
in
their
education
,
become
hurtfull
Members
of
the
Commonwalth
;
whereby
all
may
clearely
see
the
perpetuall
equity
of
the
Law
of
God
in
the
revengement
of
this
sinne
by
death
.
And
when
the
Lord
addeth
this
for
a
reason
of
putting
the
Adulterer
to
death
,
that
the
evill
may
be
taken
out
of
Israel
,
unto
the
heap
of
discommodities
before
rehearsed
for
fault
of
executing
this
Judgement
of
death
,
he
threatneth
the
whole
Common-wealth
with
mischiefe
to
fall
upon
it
;
and
the
equity
of
this
punishment
by
death
hath
so
lightsome
colours
upon
it
,
that
it
hath
upholden
it selfe
against
the
ignorance
and
injustice
of
all
which
have
not
willingly
put
out
that
sparkle
which
standeth
in
the
discretion
of
honesty
;
For
even
before
this
candle
light
of
the
Law
of
God
was
set
up
,
not
onely
the
godly
(
as
Job
)
which
were
in
some
part
reformed
of
the
generall
blindnesse
,
but
even
those
that
were
not
of
the
Church
of
God
,
as
Abimelech
the
King
of
Gerar
,
and
the
very
Canaanite
(
as
long
as
there
was
any
step
of
equity
among
them
)
did
see
that
the
filth
of
this
sinne
was
such
,
as
ought
to
be
washed
away
with
the
bloud
of
the
offenders
.
For
whereas
Isaac
feared
the
assault
,
both
of
his
life
and
of
the
chastity
of
Rebecka
,
the
King
ordained
that
whosoever
either
laid
violent
hands
on
him
,
or
had
to
doe
with
his
wife
,
should
die
;
and
in
that
Judah
called
for
Thamar
to
be
led
forth
to
death
in
the
Land
of
Canaan
,
where
himselfe
was
but
a
private
man
,
for
that
she
being
made
sure
unto
an
husband
,
plaid
the
Harlot
:
he
gave
to
understand
,
that
the
Canaanites
,
who
had
even
then
filled
a
good
part
of
that
measure
of
sin
unto
the
brinke
,
whereof
they
came
afterward
did
notwithstanding
pursue
Adulterers
unto
death
.
And
when
the
Lord
did
afterward
give
testimony
to
this
punishment
by
the
expresse
words
of
his
Law
,
it
is
manifest
,
that
the
Law
which
God
hath
written
in
the
table
of
the
hearts
of
all
men
,
pronounceth
the
sentence
of
death
against
Adulterers
:
So
that
unlesse
men
will
like
Gyants
fight
against
the
light
of
nature
,
or
say
,
that
our
Saviour
Christ
came
to
abolish
that
which
in
all
times
and
with
all
Nations
(
not
altogether
spoiled
of
the
discretion
of
honesty
and
dishonesty
)
was
observed
,
it
followeth
,
that
the
punishment
of
Adultery
by
death
,
and
consequently
much
more
the
punishment
of
incestuous
meetings
by
death
,
standeth
in
as
full
force
now
as
ever
it
did
before
the
coming
of
our
Saviour
Christ
.
The
exceptions
against
this
Doctrine
are
of
no
value
,
for
if
this
be
the
truth
of
God
there
can
be
no
prerogative
against
it
,
unlesse
he
can
shew
some
higher
Court
then
heaven
,
and
some
chief
Justice
above
the
Lord
.
It
is
not
denied
,
but
the
punishments
by
death
whereby
men
have
established
Lawes
which
themselves
have
for
their
better
commodity
devised
,
may
be
either
mitigated
or
taken
away
by
those
to
whom
it
appertained
;
neither
is
the
Magistrate
by
any
thing
which
I
have
set
downe
bound
to
mitigate
the
punishment
of
Theeves
.
For
,
their
punishment
may
grow
by
the
circumstance
of
place
,
as
in
Scithia
where
all
things
lying
open
to
the
spoile
,
had
need
to
be
locked
up
by
the
straighter
punishment
,
and
sometimes
by
the
disposition
of
the
people
lighter
handed
then
others
,
as
if
one
had
to
do
with
the
Lacedemonians
,
or
some
Nation
in
whom
that
sinne
had
taken
deeper
root
.
And
I
will
not
deny
,
but
even
these
crimes
of
Murther
and
Adultery
may
vary
by
divers
circumstances
,
and
therefore
the
Magistrate
may
according
to
the
quantity
of
the
fault
appoint
the
manner
of
death
sharper
or
milder
.
But
that
there
is
any
place
,
time
,
or
other
circumstance
,
which
can
lessen
these
crimes
that
they
should
not
be
worthy
of
death
,
upon
the
reasons
before
alledged
,
I
utterly
deny
.
It
may
be
objected
,
that
the
Law
of
our
Saviour
Christ
touching
divorcement
for
Adultery
,
Mat.
5.
32.
had
been
to
no
purpose
,
if
the
Adulterer
ought
of
necessity
to
be
put
to
death
.
First
,
he
that
urgeth
this
may
be
justly
charged
with
a
mistake
in
bringing
in
our
Saviour
Christ
there
as
a
maker
of
Lawes
under
the
Gospell
,
whereas
he
made
none
in
those
places
,
but
expounded
the
Law
of
God
,
which
he
had
made
from
the
beginning
;
the
other
refusalls
made
by
the
Jewes
of
their
wives
,
were
never
any
Lawes
but
Permissions
only
:
and
therefore
in
their
abolishment
there
was
no
Law
of
God
abrogated
.
Secondly
,
it
was
necessary
to
use
that
exposition
,
notwithstanding
that
the
punishment
of
the
Law
by
death
remained
;
for
besides
that
the
Jewes
being
under
the
Government
of
the
Romanes
had
those
civill
punishments
by
death
suspended
upon
the
pleasure
of
their
Officers
,
who
were
often
corrupted
:
our
Saviour
Christ
fore-seeing
all
things
did
fore-see
what
loosenesse
would
follow
in
this
behalfe
,
and
therefore
as
the
office
of
a
good
Teacher
required
,
he
instructed
the
conscience
,
and
taught
that
albeit
the
Magistrate
faile
in
the
execution
of
the
Law
,
yet
that
the
former
yoke
being
broken
,
men
were
at
their
liberty
to
enter
into
a
new
contract
of
Marriage
with
other
;
whereby
he
met
with
the
corrupt
opinion
of
those
which
dreame
that
the
knot
of
Marriage
is
not
cut
asunder
by
Adultery
during
the
life
of
the
parties
married
.
Now
for
the
opinion
of
Musculus
before
quoted
,
at
pa.
3.
although
his
manner
of
speech
(
in
saying
that
all
Moses
is
abrogated
)
be
hard
,
yet
it
will
appeare
that
D.
W.
hath
wrested
this
learned
mans
words
from
his
meaning
,
and
that
he
is
but
a
snatcher
at
syllables
;
for
the
meaning
of
that
learned
man
Musculus
was
,
that
these
Lawes
are
abrogate
,
as
given
by
Moss
,
and
doe
notwithstanding
remaine
as
they
containe
a
perpetuall
equity
;
and
that
this
is
his
meaning
may
be
proved
by
comparing
him
with
himselfe
,
for
in
the
same
title
of
Lawes
he
writeth
thus
,
There
are
(
saith
he
)
that
think
that
Christ
did
abrogate
the
punishment
prescribed
by
the
Law
against
Adulterers
,
when
he
saith
,
Neither
doe
I
condemne
thee
,
goe
and
sinne
no
more
;
these
be
gay
fellowes
,
they
thinke
not
of
this
,
that
our
Saviour
Christ
came
into
the
world
,
not
to
judge
or
punish
,
but
to
save
sinners
:
and
yet
in
the
meane
season
not
to
take
away
the
punishments
of
the
Law
,
given
of
God
his
Father
by
Moses
;
whereupon
he
said
not
simply
,
thon
thoughtest
not
to
be
condemned
,
&c.
and
so
sheweth
,
that
if
she
had
been
condemned
according
to
the
sentence
of
the
Law
,
that
the
Lord
would
not
have
spoke
against
it
.
This
our
Saviours
refusall
to
condemn
this
woman
taken
in
Adultery
,
doth
no
more
cease
the
punishment
due
to
Adultery
,
then
his
refusing
to
judge
in
the
division
of
an
inheritance
when
he
was
requested
,
doth
countenance
Anabaptisticall
community
,
or
doth
prove
,
that
Inheritances
should
not
be
divided
,
in
both
these
he
refuseth
to
meddle
,
as
impertinent
to
that
spirituall
work
he
intended
]
Calvin
in
his
Comment
on
John
,
calleth
it
Popish
divinity
,
that
the
sentence
of
our
Saviour
Christ
,
Jo.
8.
should
bring
any
favour
to
Adulterers
,
as
touching
the
civill
punishment
.
As
for
Mr.
Beza
,
it
is
known
that
he
proveth
that
Hereticks
ought
by
the
Law
of
God
to
be
put
to
death
,
whereby
it
appears
that
he
beleeves
those
Judicialls
which
give
sentence
of
death
against
the
crimes
here
set
down
to
be
still
in
as
full
force
as
ever
they
were
.
Unto
which
I
could
add
Peter
Martir
,
who
hath
a
long
dispute
of
the
necessary
observation
of
this
Law
against
Adulterers
,
and
as
I
have
shewed
there
is
none
of
these
crimes
but
even
the
Law
of
nature
will
teach
us
,
that
they
ought
to
receive
the
reward
af
death
.
The
Dr.
proceeds
,
and
seeks
to
make
one
difference
between
the
Law
and
Gospel
,
to
ly
in
relation
to
the
severity
of
the
Law
and
lenity
of
the
Gospel
,
in
respect
of
temporall
punishment
.
The
Answer
.
I
say
that
in
this
very
point
,
a
great
part
of
the
errour
of
the
Manichees
doth
consist
,
for
they
were
led
to
condemne
the
Justice
of
God
under
the
old
Testament
,
because
of
the
outward
punishments
which
were
exercised
partly
by
the
hand
of
God
by
judgements
from
Heaven
,
and
partly
by
the
Ministery
of
men
at
the
commandment
of
the
Law
;
therefore
the
favour
of
Manichism
is
still
hot
as
ever
it
was
.
But
since
I
am
entred
into
the
mention
of
this
,
the
Truth
is
,
that
even
in
these
outward
punishments
,
the
dispensaton
of
God
under
the
Law
,
is
divers
from
that
under
the
Gospel
;
For
under
the
Paedagogy
of
the
Law
,
as
he
crowned
the
obedience
of
it
for
the
most
part
with
greater
abundance
of
outward
blessings
,
then
he
doth
the
obedience
of
his
Saints
under
the
Gospel
:
so
did
he
with
more
terrible
,
more
often
,
and
more
manifest
judgements
,
revenge
the
breach
of
it
in
that
time
,
then
he
doth
now
.
And
herein
indeed
is
the
difference
which
the
Dr.
is
groping
after
but
cannot
hit
on
it
;
But
that
this
should
bring
any
diversity
in
the
set
and
ordinary
punishments
prescribed
by
the
Law
,
I
for
my
part
cannot
understand
.
The
contrary
rather
I
can
gather
;
for
even
as
although
the
Lord
doth
not
now
by
outward
blessings
give
so
plentifull
testimony
to
the
obedience
of
the
Gospell
,
as
then
of
the
Law
:
yet
the
Magistrate
ought
to
be
as
diligent
to
procure
the
good
of
the
Church
as
ever
he
was
in
the
time
of
the
Law
:
Even
so
although
the
Lord
by
bodily
punishments
doth
not
so
severely
revenge
as
he
did
then
,
yet
the
Magistrate
may
not
remit
any
thing
therfore
of
that
severity
which
he
was
wont
to
use
.
Nay
more
,
even
as
the
Magistrate
ought
so
much
the
more
carefully
to
procure
the
outward
welfare
of
the
Church
now
,
as
the
Lord
withdraweth
his
hand
that
way
,
more
now
then
he
did
then
,
even
so
ought
he
to
keep
by
so
much
an
harder
hand
over
the
punishment
of
sinne
now
,
then
he
did
then
,
as
the
Lord
more
rarely
thundereth
by
his
judgements
from
Heaven
,
now
,
then
he
did
in
time
of
the
Law
.
And
sruely
,
if
ever
there
had
been
any
time
wherein
the
Magistrates
sword
might
have
rested
and
rusted
in
the
sheath
,
the
time
of
the
Law
of
all
had
been
most
fittest
:
when
the
Lord
did
so
visibly
sit
in
judgement
,
and
himselfe
in
proper
person
hold
the
Assize
.
The
causes
of
this
diversity
between
the
Law
and
Gospell
may
be
seen
in
those
learned
men
mentioned
,
which
handle
the
Point
.
It
is
enough
for
me
,
so
to
helpe
the
Dr.
out
,
with
what
he
travelled
with
,
that
I
have
shewed
,
that
what
is
by
me
here
laid
downe
is
nothing
hindered
,
but
greatly
helped
by
this
difference
which
he
bringeth
betweene
the
Law
,
and
the
Gospel
.
Next
,
the
Dr.
finds
fault
with
my
interpretation
of
that
place
of
Zachary
,
concerning
putting
to
death
him
that
prophesied
falsly
,
his
reason
is
,
Because
(
forsooth
)
by
that
means
the
Parents
should
have
power
of
death
upon
their
Children
;
therefore
(
saith
the
Dr.
)
there
must
be
some
other
sence
sought
out
,
then
that
which
the
words
doe
purport
.
Whereunto
I
answer
,
That
Moses
shewing
what
ought
to
be
done
against
those
false
Teachers
which
goe
about
secretly
to
withdraw
from
the
true
worship
of
God
,
saith
,
Deu.
13.
6
,
9.
that
though
it
be
his
Brother
,
his
Sonne
,
his
Daughter
,
or
his
Wife
,
he
shall
not
spare
but
kill
them
:
tell
me
now
I
pray
you
,
doth
not
Moses
mean
there
truly
,
and
as
his
words
sound
,
that
the
false
Teacher
shall
die
?
If
you
cannot
deny
it
,
then
you
see
that
your
reason
which
you
here
assigne
is
nothing
worth
,
for
there
also
it
is
commanded
to
the
Father
to
kill
his
Sonne
.
But
if
you
list
to
learne
,
you
may
perceive
that
by
these
words
understood
simply
,
there
is
no
power
given
to
one
private
man
to
kill
another
,
nor
for
the
parent
(
as
a
private
man
)
to
kill
his
children
:
but
this
manner
of
speech
is
grounded
upon
the
Law
of
God
,
Deut.
17.
7.
whereby
it
was
provided
,
that
the
witnesse
which
had
accused
should
throw
the
first
stone
against
the
convicted
person
;
forasmuch
therefore
,
as
both
Moses
and
Zachary
after
Moses
,
will
have
the
Father
accuser
of
his
own
Child
,
if
the
knowledge
of
his
inticement
to
Idolatry
remaine
with
him
alone
,
therefore
also
they
ascribe
the
killing
of
the
guilty
person
unto
them
,
as
a
thing
belonging
to
the
duty
of
the
Accuser
.
Oh!
but
your
words
seem
to
give
suspition
of
a
difference
between
the
Jewes
and
us
,
what
is
that
?
why
that
Christian
Parents
should
rather
put
their
children
to
death
,
then
to
be
with-drawne
by
them
:
so
that
the
Jewes
have
an
absolute
Commandement
to
put
them
to
death
,
but
the
Christians
have
it
under
condition
,
if
they
cannot
otherwise
keep
still
the
true
Worship
of
God
.
But
where
and
in
what
shop
is
this
difference
quoined
?
For
how
shall
they
be
sure
they
shall
not
be
with-drawne
by
him
,
unlesse
they
procure
him
to
be
put
to
death
?
And
although
they
were
out
of
the
perill
of
being
with-drawn
,
how
are
others
provided
for
,
whom
he
may
corrupt
?
And
if
it
were
possible
that
poison
which
he
hath
,
could
not
hurt
any
other
,
where
is
the
revenge
of
Gods
glory
which
hath
been
dishonoured
by
such
false
teaching
?
and
in
the
maintenance
whereof
the
zeale
of
Gods
children
as
well
under
the
Gospell
as
under
the
Law
doth
consist
?
I
conclude
therefore
that
place
of
Zachary
(
against
your
fond
distinction
)
that
the
same
severity
of
punishment
which
was
used
against
false
Prophets
then
,
ought
to
be
used
now
under
the
Gospell
against
false
Teachers
,
comparing
one
person
and
circumstance
with
another
.
As
he
which
hath
fallen
from
God
,
and
gone
about
to
draw
others
away
,
to
be
handled
according
to
the
Law
prescribed
in
that
13.
of
Deut.
If
this
be
extreme
,
I
am
content
to
be
so
counted
with
the
holy
Ghost
.
And
though
in
some
cases
of
Idolatry
,
upon
repentance
life
is
given
,
yet
in
this
case
and
some
other
expressed
in
the
Law
,
as
of
open
and
horrible
blasphemy
of
the
Name
of
God
;
I
deny
that
upon
repentance
there
ought
to
follow
any
pardon
of
death
,
which
the
Judiciall
Law
doth
require
.
Besides
,
It
is
an
Anabaptisticall
tenent
to
avoid
all
punishment
of
sin
whatsoever
,
to
maintain
that
,
For
whatever
offence
a
man
commit
,
if
he
shew
tokens
of
repentance
,
he
may
be
delivered
from
bodily
punishment
:
For
what
Murtherer
,
what
Traitor
,
&c.
which
though
he
be
never
so
unrepentant
and
obstinate
in
his
sin
,
hearing
that
upon
repentance
there
is
a
way
to
escape
death
,
will
not
inforce
himselfe
to
shew
all
tokens
of
repentance
?
Let
this
truth
therefore
be
further
enforced
by
this
Argument
.
Forasmuch
as
I
have
shewed
out
of
the
new
Testament
that
he
who
killeth
a
man
,
and
taketh
away
his
corporall
life
ought
to
die
,
it
followeth
much
more
,
that
he
which
taketh
away
the
life
of
the
soule
should
die
:
and
if
it
be
meet
to
maintaine
the
life
of
man
by
the
punishment
of
death
,
how
should
the
honour
of
God
,
which
is
more
precious
then
all
mens
lives
,
be
with
smaller
punishment
established
?
Therefore
to
close
up
this
question
,
I
will
adde
this
;
That
the
Magistrates
which
punish
Murtherers
and
Thiefes
,
and
Treasons
,
with
other
transgressors
of
the
second
Table
severely
,
and
are
loose
in
punishing
the
breaches
of
the
first
Table
,
begin
at
the
wrong
end
,
and
do
all
one
with
those
,
who
to
drie
up
many
rivers
continually
fed
by
one
fountain
,
begin
at
the
channells
where
it
divideth
and
parteth
it selfe
into
many
armes
:
which
as
it
is
an
endlesse
labour
,
so
is
this
also
which
they
go
about
;
for
whereas
S.
Paul
teacheth
Rom.
1.
that
God
for
revenge
of
the
dishonour
of
his
Name
,
giveth
men
over
to
wicked
minds
,
to
the
committing
all
kind
of
filthinesse
,
and
of
all
kind
of
sins
against
the
second
Table
,
be
they
never
so
horrible
;
and
so
maketh
the
breach
of
the
first
Table
the
cause
of
the
breach
of
the
second
:
It
cannot
be
(
let
the
Magistrate
lay
as
good
watch
as
he
can
,
and
aggravate
punishments
as
much
as
he
can
,
)
I
say
it
cannot
be
but
where
either
the
first
table
is
broken
,
or
the
breach
not
duly
revenged
,
but
swarms
of
Treasons
,
Thefts
,
Murthers
,
Adulteries
,
Perjuries
and
such
like
,
must
needs
breake
out
in
those
Governments
.
And
therefore
as
the
short
and
easie
way
to
dry
up
the
Channells
and
Rivers
is
to
stop
up
the
head
and
fountaine
of
all
,
so
the
only
remedy
of
purging
the
Common-wealth
of
these
mischiefes
,
is
to
bend
the
force
of
sharp
and
severe
punishments
especially
against
Idolaters
,
Blasphemers
,
Contemners
of
true
Religion
,
and
of
the
Service
of
God
.
And
therefore
I
conclude
,
that
those
which
would
have
the
severity
of
the
Law
against
Idolaters
,
&c.
abated
,
doe
at
unawares
not
onely
thereby
utter
the
small
price
which
they
set
either
of
Gods
glory
,
or
of
the
salvation
of
their
Brethren
,
but
withall
declare
themselves
enemies
to
Common-wealths
,
and
of
all
both
civill
and
godly
honestie
of
life
.
FINIS
.
Notes, typically marginal, from the original text
Notes for div A80850e-250
☜
Calv.
Instit.
l.
4
c.
20.
Sect.
15.
Beza
de
comburendis
Haereticis
.
Eph.
2.
pa.
97.
☞
1.
Argument
.
Pag.
98.
Pag.
99.
Deut.
19.
2
Argument
,
to
prove
the
Judiciall
Law
still
in
force
.
Ioe
.
Rom.
13.
pag.
101.
Lev.
19.
Iob.
31.
11.
Gen.
26.
11.
Gen.
38.
24.
An
objection
answered
.
1.
Answer
.
2.
Answer
.
Joh.
18.
31.
Joh.
8.
pag.
107.
See
also
Bezae
confessio
Christianae
fidei
,
ca.
5.
de
Ecclesia
sect.
44.
Dr.
VV.
T.
C.
Ob.
zach.
12.
Reas.
The
answer
of
T.
C.
Pag.
112.
Pag.
108.
Arg.
Pag.
117.
Arg.
pag.
118.