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A43990 An historical narration concerning heresie and the punishment thereof by Thomas Hobbes. Hobbes, Thomas, 1588-1679. 1680 (1680) Wing H2238; ESTC R30774 11,947 20

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burnt before the People In the next King's Reign which was Henry the Fifth in his Second year was made an Act of Parliament wherein it is declared that the intent of Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm And that an Heretick convict should forfeit all his Fee-simple Lands Goods and Chattels besides the Punishment of Burning Again in the Five and Twentieth Year of King Henry the Eighth it was Enacted That an Heretick convict shall abjure his Heresies and refusing so to do or relapsing shall be burnt in open place for example of others This Act was made after the putting down of the Pope's Authority and by this it appears that King Henry the Eighth intended no farther alteration in Religion than the recovering of his own Right Ecclesiastical But in the first year of his Son King Edward the Sixth was made an Act by which were repealed not only this Act but also all former Acts concerning Doctrines or matters of Religion So that at this time there was no Law at all for the punishment of Hereticks Again in the Parliament of the first and second Year of Queen Mary this Act of 1 Edw. 6. was not repealed but made useless by reviving the Statute of 25 Henr. 8. and freely put it in execution insomuch as it was Debated Whether or no they should proceed upon that Statute against the Lady Elizabeth the Queens Sister The Lady Elizabeth not long after by the Death of Queen Mary coming to the Crown in the fifth Year of her Reign by Act of Parliament repealed in the first place all the Laws Ecclesiastical of Queen Mary with all other former Laws concerning the punishments of Hereticks nor did she Enact any other Punishments in their place In the second place it was Enacted That the Queen by her Letters Patents should give a Commission to the Bishops with certain other persons in her Majesties Name to execute the Power Ecclesiastical in which Commission the Commissioners were forbidden to adjudge any thing to be Heresie which was not declared to be Heresie by some of the first four General Councels but there was no mention made of General Councels but onely in that branch of the Act which Authorized that Commission commonly called The High Commission nor was there in that Commission any thing concerning how Hereticks were to be punished but it was granted to them that they might declare or not declare as they pleased to be Heresie or not Heresie any of those Doctrines which had been Condemned for Heresie in the first Four General Councels So that during the time that the said High Commission was in being there was no Statute by which a Heretick could be punished otherways than by the ordinary Censures of the Church nor Doctrine accounted Heresie unless the Commissioners had actually declared and published That all that which was made Heresie by those Four Councels should be Heresie also now but I never heard that any such Declaration was made either by Proclamation or by Recording it in Churches or by publick Printing as in penal Laws is necessary the breaches of it are excused by ignorance besides if Heresie had been made Capital or otherwise civilly punishable either the Four General Councels themselves or at least the Points condemned in them ought to have been Printed or put into Parish-Churches in English because without it no man could know how to beware of offending against them Some man may perhaps ask whether no body were Condemned and burnt for Heresie during the time of the High Commission I have heard there w●re but they which approve such executions may peradventure know better grounds for them then I do but those grounds are very well worthy to be enquired after Lastly in the seventeenth year of the Reign of King Charles the First shortly after that the Scots had Rebelliously put down the Episcopal Government in Scotland the Presbyterians of England endeavoured the same here The King though he saw the Rebels ready to take the Field would not condescend to that but yet in hope to appease them was content to pass an Act of Parliament for the abolishing the High Commission But though the High Commission were taken away yet the Parliament having other ends besides the setting up of the Presbyterate pursued the Rebellion and put down both Episcopacy and Monarchy erecting a power by them called The Common-wealth by others the Rump which men obeyed not out of Duty but for fear nor was there any humane Laws left in force to restrain any man from Preaching or Writing any Doctrine concerning Religion that he pleased and in this heat of the War it was impossible to disturb the Peace of the State which then was none And in this time it was that a Book called Leviathan was written in defence of the Kings Power Temporal and Spiritual without any word against Episcopacy or against any Bishop or against the publick Doctrine of the Church It pleas'd God about Twelve years after the Usurpation of this Rump to Restore His most Gracious Majesty that now is to his Fathers Throne and presently His Majesty restored the Bishops and pardoned the Presbyterians but then both the one and the other accused in Parliament this Book of Heresie when neither the Bishops before the War had declared what was Heresie when if they had it had been made void by the putting down of the High Commission at the importunity of the Presbyterians So fierce are men for the most part in dispute where either their Learning or Power is debated that they never think of the Laws but as soon as they are offended they cry out Crucifige forgetting what St. Paul saith even in case of obstinate holding of an Errour 2 Tim. 2.24 25. The servant of the Lord must not strive but be gentle unto all men apt to teach patient in meekness instructing those that oppose if God peradventure may give them repentance to the acknowledging of the truth Of which counsel such fierceness as hath appeared in the Disputation of Divines down from before the Council of Nice to this present time is a Violation FINIS
made only for the Peace of the Church become a Crime in a Pastor and punishable with Deprivation first and next with Banishment After this part of the Creed was thus established there arose presently many new Heresies partly about the Interpretation of it and partly about the Holy Ghost of which the Nicene Council had not determined Concerning the part established there arose Disputes about the Nature of Christ and the word Hypostasis id est Substance for of Persons there was yet no mention made the Creed being written in Greek in which Language there is no word that answereth to the Latine word Persona And the Union as the Fathers called it of the Humane and Divine Nature in Christ Hypostatical caused Eutyches and after him Dioscorus to affirm there was but one Nature in Christ thinking that whensoever two things are united they are one and this was condemned as Arianism in the Councils of Constantinople and Ephesus Others because they thought two living and rational Substances such as are God and Man must needs be also two Hypostases maintained that Christ had two Hypostases But these were two Heresies condemned together Then concerning the Holy Ghost Nestorius Bishop of Constantinople and some others denied the Divinity thereof And whereas about seventy years before the Nicene Council there had been holden a Provincial Council at Carthage wherein it was Decreed that those Christians which in the Persecutions had denied the Faith of Christ should not be received again into the Church unless they were again baptized This also was condemned though the President in that Council were that most sincere and pious Christian Cyprian But at last the Creed was made up entire as we have it in the Calcedonian Council by addition of these words And I believe in the Holy Ghost the Lord and Giver of Life who proceedeth from the Father and the Son Who with the Father the Son together is Worshipped and Glorified Who spake by the Prophets And I believe one Catholick Apostolick Church I acknowledge one Baptism for the Remission of Sins And I look for the Resurrection of the Dead and the Life of the World to come In this addition are condemned first the Nestorians and others in these words Who with the Father and the Son together is worshipped and glorified And secondly the Doctrine of the Council of Carthage in these words I believe one Baptism for the Remission of Sins For one Baptism is not there put as opposite to several sorts or manners of Baptism but to the iteration of it St. Cyprian was a better Christian than to allow any Baptism that was not in the Name of the Father Son and Holy Ghost In the General Confession of Faith contained in the Creed called the Nicene Creed there is no mention of Hypostasis nor of Hypostatical Union nor of Corporeal nor of Incorporeal nor of Parts the understanding of which words being not required of the Vulgar but only of the Pastors whose disagreement else might trouble the Church nor were such Points necessary to Salvation but set abroach for ostentation of Learning or else to dazle men with design to lead them towards some ends of their own The Changes of prevalence in the Empire between the Catholicks and the Arians and how the great Athanasius the most fierce of the Catholicks was banished by Constantine and afterwards restored and again banished I let pass only it is to be remembred that Athanasius composed his Creed then when banished he was in Rome Liberius being Pope by whom as is most likely the word Hypostasis as it was in Athanasius's Creed was disliked For the Roman Church could never be brought to receive it but instead thereof used their own word Persona But the first and last words of that Creed the Church of Rome refused not for they make every Article not only those of the body of the Creed but all the Definitions of the Nicene Fathers to be such as a man cannot be saved unless he believe them all stedfastly though made only for Peace sake and to unite the mindes of the Clergy whose Disputes were like to trouble the Peace of the Empire After these four first General Councils the Power of the Roman Church grew up apace and either by the negligence or weakness of the succeeding Emperours the Pope did what he pleased in Religion There was no Doctrine which tended to the Power Ecclesiastical or to the Reverence of the Clergy the contradiction whereof was not by one Council or another made Heresie and punished arbitrarily by the Emperours with Banishment or Death And at last Kings themselves and Commonwealths unless they purged their Dominions of Hereticks were Excommunicated Interdicted and their Subjects let loose upon them by the Pope insomuch as to an ingenuous and serious Christian there was nothing so dangerous as to enquire concerning his own Salvation of the Holy Scripture the careless cold Christian was safe and the skilful Hypocrite a Saint But this is a Story so well known as I need not insist upon it any longer but proceed to the Hereticks here in England and what Punishments were ordained for them by Acts of Parliament All this while the Penal Laws against Hereticks were such as the several Princes and States in their own Dominions thought fit to enact The Edicts of the Emperours made their Punishments Capital but for the manner of the Execution left it to the Prefects of Provinces and when other Kings and States intended according to the Laws of the Roman Church to extirpate Hereticks they ordained such Punishment as they pleased And the first Law that was here made for the punishments of Hereticks called Lollards and mentioned in the Statutes was in the fifth year of the Reign of Richard the Second occasioned by the Doctrine of John Wickliff and his Followers which Wickliff because no Law was yet ordained for his punishment in Parliament by the favour of John of Gaunt the Kings Son escaped But in the fifth year of the next King which was Richard the Second there passed an Act of Parliament to this effect That Sheriffs and some others should have Commissions to apprehend such as were certified by the Prelates to be Preachers of Heresie their Fautors Maintainers and Abettors and to hold them in strong Prison till they should justifie themselves according to the Law of Holy Church So that hitherto there was no Law in England by which a Heretick could be put to Death or otherways punished than by imprisoning him till he was reconciled to the Church After this in the next Kings Reign which was Henry the Fourth Son of John of Gaunt by whom Wickliffe had been favoured and who in his aspiring to the Crown had needed the good Will of the Bishops was made a Law in the second Year of his Reign wherein it was Enacted That every Ordinary may convene before him and imprison any person suspected of Heresie and that an obstinate Heretick shall be