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A30973 A discourse concerning the laws ecclesiastical and civil made against hereticks by popes, emperors and kings, provincial and general councils, approved by the church of Rome with a preface against persecuting and destroying hereticks / by a cordial friend to the Protestant religion now by law established in these realms. Barlow, Thomas, 1607-1691.; Whitby, Daniel, 1638-1726. 1682 (1682) Wing B828; ESTC R16393 97,782 178

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swear that they will faithfully and efficaciously assist the Church according to their Power and Office against Hereticks and their Accomplices and will use their utmost diligence therein and if it be found necessary they by Church Censures must be compelled so to doe saith the Council of Beziers Can. 9 the Council of Alby Can. 20. pag. 726. the Provincial Council of Narbon Can. 32. And sutably to this the Canon Law determines That all Earls Barons Rectors and Consuls of Cities and other places shall at the Admonition of the Bishops engage themselves by Oath that being required by them they will faithfully and efficaciously help the Church according to their Office and Power against Hereticks and their Accomplices § V. Nor are these onely the Decrees of Popes and Emperors and of Provincial Councils but many of them are confirmed by their approved general Councils For 1. The fourth general Council of Lateran assembled A. D. 1215. Can. 3. decrees that all Archbishops by themselves or their Archdeacon or by some fit and honest persons twice or at the least once a year shall visit their own Parishes in which it is reported that any Hereticks do dwell and shall compel three or more men of good report or if it seem expedient to them the whole neighbourhood to swear that if any of them know of any Hereticks there or of any that keep secret Conventicles or that differ in their Lives or Manners from the common Conversation of the Faithfull they will endeavour to acquaint the Bishop with them The general Council of Constance that is Martin the Fifth with the consent and approbation of that Council commands all Archbishops Bishops Inquisitors Commissaries or Elect persons by virtue of their obedience that every of them within their limits or places of their Jurisdiction diligently do watch for the extirpation and correction of all Errors and Heresies And wheresoever they find any that are infamed or suspected to be guilty of those Crimes to compel them under the Penalty of excommunication suspension interdict or confession of the crime or any other more formidable punishment canonical or legal to take a corporal Oath upon the Evangelists the Reliques of the Saints or a Crucifix to answer to the Questions they shall ask them Now the Questions among many others are these following viz. 1. Whether they think it lawfull that such an Oath should be imposed upon or taken by them for their Purgation i. e. an Oath ex officio obliging them to condemn themselves 2. Whether they hold it a mortal Sin to be guilty of Perjury though it be to save their Lives or for the advantage of the Faith This may be done by Catholicks but must not be done by Hereticks 3. Whether he believes That after the Consecration of the Priest in the Sacrament of the Altar under the Elements of the Holy Bread and Wine there remains no material Bread and Wine but the same Christ entirely who suffered on the Cross and sits at the right-hand of the Father 4. Whether he believes That the Consecration being made by a Priest under the species of Bread alone and without the species of Wine there is the true Flesh and Bloud and Soul and Deity of Christ and whole Christ in his broken body and the same Christ absolutely and under every one of the species in particular i. e. whether there be one million of Christs and yet but one 5. Whether he believes That the Custom of communicating Lay-men in the species of Bread alone approved by this Holy Council be to be observed so that it is not lawfull to change it without the Authority of the Church i. e. whether he hold that the Council forbidding what Christ commands is to be obeyed before Christ. 6. Whether he believes That the Pope being canonically elected is the Successor of St. Peter and hath supreme Authority in the whole Church of God with many Questions of the like nature containing the whole superstition of the Church of Rome 2. If any person whom they suspect to be guilty of Heresie will not undergo their canonical Purgation or by a damnable obstinacy refuses thus to swear in order to his Purgation he is to be condemned as an Heretick so the 4th general Council of Later and the general Council of Constance 3. This Power is given to Archbishops c. throughout all parts of the World where any Heresie ariseth viz. to make these Enquiries and proceed accordingly so that no Countrey where this Religion doth obtain can expect any thing but a continual Butchery of all that will not be most gross Idolaters And 4. They command their Officers to proceed against and to condemn as Hereticks all persons of whatsoever Dignity Office Preeminence State and Condition they shall be and by what names soever they are called who think otherwise of the Sacrament of the Body and Bloud of Christ or of Baptism or of Confession of Sins or Penance or any other Sacraments or Articles of Faith than the H. Roman Church and Vniversal teacheth and as Hereticks to give them over to the Civil Magistrate Concil Constan. ibid. And 5. They renew the Constitution of Boniface the Eighth concerning the Inquisition requiring and commanding all Powers and Lords temporal and Judges of whatsoever Dignity Name or Office as they desire to be reputed Christians and Sons of the Church and to glory in the Name of Christ that they obey and attend these Inquisitors and other Ecclesiastical persons deputed or hereafter by the Apostolical See to be deputed for the finding-out and punishing of Hereticks affording them their aid and favour in finding-out apprehending and imprisoning them and all that do believe favour receive or defend them And so much for the Laws made for inquiring after Hereticks § VI. 3. The Laws which do concern the Punishment of Hereticks when they are once discovered and apprehended are either such as do declare what Punishments shall be inflicted on them or such as do oblige men to inflict those Punishments upon them Now the Punishments which by their Laws must be inflicted on them are these following viz. Excommunication Confiscation of their goods Imprisonment Exile Death Concil Bitter An. Dom. 1246. Can. 2. And 1. They must be excommunicated with all their Favourers every week saith the Council of Beziers A. D. 1233. Can. 1. and An. D. 1246. Can. 8. And the Council of Alby Can. 19. They are actually excommunicated saith their Canon Law This Sentence doth pass upon them yearly in the Bulla Coenae 2. They must lose all their Goods For 1. whosoever apprehends them which all have liberty to do hath free leave to take from them all their Goods and full right to enjoy them Const. Innocentii IV. cap. 2. And this Punishment saith Innocent the Third we command to be executed on them by the Princes and Secular Powers who shall by Ecclesiastical