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Title:  Vindiciae legis, or, A vindication of the morall law and the covenants, from the errours of Papists, Arminians, Socinians, and more especially, Antinomians in XXX lectures, preached at Laurence-Jury, London / by Anthony Burgess ...
Author: Burgess, Anthony, d. 1664.
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The answer is, that all Magistrates, they are to take care for the Sol. salvation of the melefactors soules, as much as in them lyeth; but if they doe perish in their sins, this ariseth not from justice done, which is rather to bring them in mind of their sins, and to hum∣ble them but it cometh from the frowardnesse, & obstinacy in their owne hearts. And in that, we see a Magistracy confirmed in the Gospel, we need not require an expresse command in the New Testament for the putting of some malefactors to death.The third thing which they say was allowed in the Law, but forbid by Christ in the Gospel is Warre: And certainly we may reade in Antiquity, that the Christians did refuse warre, but Warre al∣lowed by Christ un∣der the Gospel. not universally; for there were Christian souldiers, only there were some peculiar causes, why in those times, the Christians might decline it; As, first, because in their military oath, there was a calling upon a heathen god, and their banners lif∣ted up Two causes for which the Primi∣tive Chri∣stians might decline warre were polluted with idolatry. And secondly, because they should be forced sometimes to be instruments in accom∣plishing the Emperours Edicts against the Christians, which they would not do: Now if we bring places out of the Old-Testament for the lawfulnesse of warrs, they care not; for, say they, the laws of Nature, and of Moses are to be reformed by the Lawes of Christ, God indeed (say they) gave the Jewes in the Old-Testament leave to fight, because they had a temporall inheritance and possession given them which they could not keep but by force of armes: now under the New-Testament, God hath not done so to his people. Thus they say, but this is a shift, for we know Abraham, by a meere law of nature, went to war, and delivered his nephew Lot, being oppressed by enemies.By that Warre is allowed by Christ, appeareth plainly by comparing 1. Tim. 2. 3. and Rom. 13. where the Apostle would have us pray for Magistrates, & supposeth, that while they are Magistrates, they may be Christians, and come to the faith; so that thereby we may live a quiet and godly life under them; now how can this be unlesse they draw their sword upon of∣fenders? And if they cannot in an ordinary legall way be brought to judgement, then by force of Armes.The second knowne argument is from Luke. 3. where John Baptist counselleth the souldiers not to lay downe their office, 0