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A36460 The Leviathan heretical, or, The charge exhibited in Parliament against M. Hobbs justified by the refutation of a book of his entituled The historical narration of heresie and the punishments thereof by John Dowel. Dowell, John, ca. 1627-1690. 1683 (1683) Wing D2056; ESTC R27156 30,110 170

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evident by 5 Eliz. Cap. 23 with the significavit to be added to the Writ and in that Significavit 'tis joyn'd that the Excommunication doth proceed upon some cause of some Original matter of Heresy or Error in Religion or Doctrine now received and allowed in the said Church of England whereby it appears that Persons for Heresy might be Imprisoned and so Heresy to become Criminal For it was to be punished by the civil Magistrate with Corporal Mulcts and farther lay a Writ de Heretico comburendo if nothing was declared Heresy why did their lye such a Writ That such a Writ was in force is clear by the annulling of it when this fetal Plot was detected then the Parliament made an Act to Cancel it either it was in force or not if in force the Parliament was Prudent in making it void if not it casts a reproach upon the Two Houses to annul that which was exploded That these Writs were in force is declared and that the Writ de excommunicato capiendo retains its Vigor is evinc'd by the usage of the Kingdome of England As for the Writ de Heretico comburendo it was put in execution in King James his time Legat Wightman were Burnt the one in Smith-field and the other in Litchfield for the Arrian Heresy He saith that they which approve such executions may peradventure know better grounds for them then I do But grounds are very well worthy to be enquired after but he might very well know the just grounds for them He that affirms the Law to be the Sole rule of just and unjust could not be ignorant that by the common Law of England the Writ de Heretico comburendo was valid and thereupon an Heretick might legally be Burnt My Lord Cook part 3. cap. 5. affirms that by the Books of the common Law the King Issuing our his VVrit de Heretico comburendo an Heretick ought to be Burnt That Heresy might be punished by Corporeal and pecumiary Mulcts is clear by the Queens Letters Patents authorized by the 1. Statute of her Reign She did give to the Arch Bishop of Cant. the Bishop of London and divers others any Three or more of them full Power and Authority to reforme redress order correct and amend c. and to have full Power and Authority to order and award to every such offendor by Fine Imprisonment Censure of the Church or otherways or all or any of the said ways Cawdrys Case and in that same case it is resolved by the Judges that the Statute of the First of Queen Elizabeth did not introduce any new Law but declared an ancient one The Title of the Statute being an Act restoring to the Crown the Ancient jurisdiction over the State Ecclesiastical and Spiritual The Sovereign being the Supream head of the Church without whose Authority no person can or ought to exercise any Ecclesiastical jurisdiction or proceed to any Censure it demonstrates that by the Royal Power an Heretick might be punished with a Civil and Corporeal Mulct Farther the Star-Chamber was an ancient Court grounded upon the common Law of England and confirmed by Act of Parliament Which Court took cognizance not onely of Civil Crimes but also of Ecclesiastical and did punish Hereticks by Imprisoning Fineing and Stigmatizeing as appears by the Records of that Court and that famous Instance of Thrask who in the 16. year of King James for spreading of Judaical Heresies he was cited into the Court and being obstinate was sentenced to be set in the Pillory Whipt to the Fleet Fined and Imprisoned all which was executed by which it appears what truth there is in this assertion of Mr. Hobs During the Time the High Commission was in being there was no Statute by which an Heretick might be punished otherwise than by the ordinary Censure of the Church for 't is proved that by the Common Law of England and the Statute Law during the time of the High Commission Hereticks might suffer in their Bodies and Purses hence it follows that Heresy was criminal and he hath not vindicated himself from that contradiction with which he stands charged He farther proceeds ' That no Doctrine could be accounted Heresy unless Commissioners had actually declared and published that what was made Heresy by the Four first general Councils should be Heresie ' but I never heard yet there was any such declaration made either by Proclamation by Recording in Churches or by Printing as is requisite in Penal Laws We have before proved that the High Commission was not the Sole Judges of Heresy That which the Church and Law of England condemns for Heresy is as fully divulged as can be expected The 39. Articles are sufficiently known and those Doctrines which the Four first general Councils received as Orthodox or condemned as Heretical are ratifi'd by the Law and Church of England and sufficiently promulged The Nicene Creed which was completed by the Fourth general Council is read in every Church on Sundaies and Holy daies The Athanasian Creed is to be read at peculiar Festivals both which Creeds as also the Apostles are part of the Liturgy of the Church which is imbodyed into the Laws of the Land and that the opinions which are contrary are made Heretical appears by these Clauses of the Athanasian Creed He therefore that will be saved must thus think of the Trinity Furthermore it is Necessary to Everlasting Salvation that he also believe rightly the Incarnation of our Lord Jesus Christ and this Clause ends the Creed This is the Catholick Faith which except a man believe Faithfully he cannot be saved The Doctrines therefore declared to be Heretical are sufficiently by Printing and Recording in Churches divulged To alleviate his Crime or at least to vindicare himself from Heresie he reflects upon our late sad distractions w ch to me administers matter of horror ' Before arms were taken up saith he the King abolished the High Commission but the Parliament pursued the Rebellion and put down both Episopacy and Monarchy erecting a power by them called a Common wealth by others the Rump which men obeyed not out of Duty but Fear ' those actions were dreadfull and are the fontinels of all those fears which now afflict us The just principles by which Government is formed and established and reasonable laws are enacted deservedly reprove and condemn those actions perpetrated in our late confusions which gave a scandall to our Religion and Nation But how can he cast an odium upon those actions his sentiments justifie Saith he ' there were no humane Laws left in force to restrain any man from Preaching or Writing any Doctrine concerning Religion that he pleased And in this time it was that a book called the Leviathan was writ in defence of the Kings Power Spiritual or Temporal without any word against Episcopacy or against Bishop or against the publick Doctrine of the Church ' To which t is thus Replyed ' the Leviathan was impressed 1651 and come out
makeing it distant from the temporal The scriptures were wrested and false Glosses put upon them Arrius did not deny the praeexistence of the Son of God who was Incarnate the difference was not concerning the Eternal Generation but the Consubstantiality Having thus proved that his Leviathan contains certain Haeretical propositions It remains that I prove these Heresies Criminal and thus I state the Question and pursue it 'T is one of Mr. Hob's great Artifices to avoid those absurdities into which his own sentiments casts him Mr. Hobs percieving that he is justly charg'd with this imputation writes the book call'd The Historical Narrative of Heresie The Parliament complain'd That in it were contain'd several Heretical Opinions i. e. Opinions declared Heresie by the Church and Laws of England he being a Subject to the King is obliged to obedience to the Laws of his Soveraign By this therefore he doth manifestly contradict himself and opposeth these his great Moral and Political Postulata's ' Nothing is Just or Unjust but what is made so by Law and that nothing is Criminal but what a Penal Law prohibits ' From this his most just charge he would free his Leviathan to shew that his attemts are frivolous it must be prov'd that his Leviathan doth contain Heretical Opinions To which he returns That there is no opinion that opposeth a Penal Statute or that no Person can be justly by the Civil Magistrate punish'd for any Opinion contain'd in the Leviathan For saith he ' All the Penal Laws against Hereticks were repeal'd in the Reign of Q. Elizabeth To remedy the Inconvenience which might arise by Novel Dogma's She apointed a Court called the High Commission to declare what was Heresie But that High Commission never declared what was Heresie or if they did it was to no purpose for they were not impower'd to inflict any punishment upon an Heretick Withal the Parliament abolishing that Court nothing could be accounted Heresie Besides the Leviathan was Printed in 1651. when it was lawful to Write or Preach any thing in matters of Religion ' To which I suppose that some nay many things contained in the Leviathan are Heretical and so judged by the Church and punishable by the Civil Majestrate Not to mention many I will assign these Two The Nature of God and the Mystery of the Individual Trinity are by him Heretically and Impiously explicated He Blasphemously avers God hath parts and makes the Persons of the Holy Trinity to be Temporal not Eternal both which are declared Heretical by the first Article and by the three Creeds The Athanasian Creed is imbodyed into the Common Law and that his opinion concerning the Trinity is Heretical is indubitable waveing the Contests he strives violently to maintain that Nothing in matters of Faith is declared Criminal by the Law or punishable by the Civil Magestrate For faith he ' the Lady Elizabeth in her first year repealed all the Laws Ecclesiastical of Queen Mary and all other Laws concerning the punishing of Hereticks nor did She enact any other punishment in their place ' These lines he could not deliver without that same arrogance by which he explodes the Universityes and accounts most of the Learned men in the World Fools For the Writs de Heretico Comburendo and de excommunicato capiendo were in force he adds in the 2 place it was enacted ' That the Queen by her Letters Patents should give a Commission to the Bishops with several other Persons in her Majesties name to execute his Power ecclesiastical this is granted he proceeds In which Commission the Commissioners were forbidden to adjudge any thing to be Heresy which was not declared to be Heresy by some of the four first General Concils nor was there any thing in that Commission concerning how Hereticks ought to be punished But it was granted to them to declare or not declare to be Heresy or not Heresy as they pleased any of those Doctrines which had been condemned in the four first general Councils for Heresie ' To refute this and what he subjoyns t is requisite that I give the words of the Statute ' They shall not meaning the High Commissioners have Authority or Power to order determine or adjudge any matter or cause to be Heresy but only such as heretofore have been determined ordered or adjudged to be Heresy by the Authority of the Canonical Scriptures or by the first four general Councils or any of them or by any other General Council wherein the same was declared Heresy by the express and plain words of the said Canonical Scriptures or such as hereafter shall be ordered determined or adjudged to be Heresy by the High Court of Parliament of this Realme with the assent of the Clergy in their Convocation ' By this it appears what a lame and false account he gives of the Statute for the Queen and her Parliament did not leave it indifferent to the High Commission to determine what was or what was not Heresy but limits them to declare what was Heresy or not Heresy not only to the four first general Councils as he seems falsely to insinuate but likewise to the express words of Scripture and to the Parliament which he seems to exclude for he omits the mentioning of them ' Nor was there he adds in that Commission any thing concerning how Hereticks ought to be punished ' The High Commission could not inflict capital punishment I hope Mr Hobs will not say there is no crime but t was capitall That the High Commission had power to punish persons in case of Heresy is evident both by the Law of England and practice of that Court. By the Law of England expressly by the Act Elizab that Court was Invested w th all Ecclesiastical power before the Cancelling of the High-Commission the Bishops had a Power to Imprison persons and the Writ de excommunicato capiendo still continues The words of the Act are that ' the Queen or any of her Successors should nominate one or more persons to use exercise and occupy all manner of jurisdictions priviledges or preeminences in any wise touching or concerning any spiritual or Ecclesiastical jurisdiction and to visi● reforme redress order correct and amend all such Errors Heresies Schismes c. ' It was perfect nonsence for a Parliament to enable the English Soveraign to erect a Court to punish and amend Errors and Heresies if the Law of England had not declared what was an Heresy and likewise not to Invest them with power to accomplish such ends which they had not if they could not inflict punishments he returned ' The jurisdiction was onely spiritual ' but to that was annexed a civil punishment Upon excommunication there lay a Writ de excommunicato capiendo that a Person excommunicated for Heresy or Errors in Doctrine by that Writ might be Imprisoned is clear as the day Certainly imprisonment is a civil Punishment This Writ lay against those who were obstinate Offenders in Causes Ecclesiastical is