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
in Latine upon his Majesties returne In 48 England was totally subdued to the Power of the Rump Ireland in 49. Scotland in 51. was almost reduct by the Rump and his Majesties Army totally routed at Worcester in this year the Leviathan was published was this Book in defence of the Kings Power Spiritual and Temporal when his Majestie was in Banishment ' His Majestie was then devested of all his lawfull Power and Authority and forc't into Exile This Leviathan if the Principles were admited justfied the Actions of his Enemies he casts this Imputation on the Rump that they were obeyed onely for fear in the same book he endeavours to prove that man is not by Nature a lover of Society but at his original is in a state of War The dread of the Evils which are incident to that condition makes him to enter into a Society with others and let it be considered whether if Fear be the great inducement to Government they according to his Principles are to be condemned who out of the same fear obeyed the Rump and that the fundamental law of Nature is self Preservation and for fear that end should not be attained pacts are entred into but if after those pacts that design cannot beaccomplished then pacts are void and therefore if people have a suspicion that the Prince will destroy them they may take up Arms. And if the Prince be devested of his Government the People are no longer obliged to obey him and upon this account of Self-Preservation they are to submit to those who can protect them Upon this reason the taking the Engagement was lawful and it was his honour to present to the English Nation those Principles w ch induced many to take the Engagement Oliver gaining the Protectorship was so pleased with him on those accounts that the great place of being Secretary was profered him If these things be true as unquestionably they are let it then be considered whether any Sober man can believe that the Book called the Leviathan was writ in defence of the Kings Power Temporal and Ecclesiastical since it manifestly asserts the cause of Usurpers It must be granted that Mr. Hobs doth give to the Soveraign all illimited power in things just and sacred But this he gives to all sorts of Government to Aristocracy and Democracy as well as Monarchy A Book to be penned and published by him when all the Kings Dominions were in the Power of those who took up Arms against him which containes these Docttines Pag. 112. ' But in case a great many men have already resisted the Soveraign Power unjustly or committed some Capital Crime for which every one of them expects Death whether have they not the Libertie then to joyn together and assist and defend one another certainly they have for they but defend their lives which the Guilty man may as well do as the Innocent There was indeed Injustice in the first breach of their Duty Their bearing of Arms subsequent to it tho it be to maintain what they have done is no new unjust Act and if it be only to defend their persons it is not unjust at all Pag. 114. The Obligation of Subjects to the Soveraign is understood to last as long and no longer than the power lasteth by which he is able to protect them For the Right men have by nature to protect themselves when none else can protect them can by no covenant be relinquished The Soveraignty is he Soul of the Common-wealth which once departed from the body the members do no more receive their motion from it Pag. 174. When in a War forraine or intestine the Enemies get a final Victory so as the forces of the Common Wealth keeping the Field no longer there is no ther protection of Subjects in their Loyalty then is the Common-wealth dissolved and every man at liberty to protect himself by such causes as his own discretion shall suggest unto him For the Soveraign is the publick Soul giveing Life and motion to the Common-wealth which expiring the Members are governed by it no more than the Carcass of a man by his departed tho immortal Soul For tho the Right of a Soveraign Monarch cannot be extinguished by the Act of another yet the Obligation of the members may For he that wants protection may seek it any where and when he hath it is obliged without fraudulous pretence of having submitted himself out of fear to protect his Protector as long as he is able ' It was so far from defending His Majesties Authority that without Command they plainly justifie the actions of his usurping Enemies No person that hath suckt in Hobs his Principles can be a loyal Subject and hence likewise it appears that he did not ingeniously with his Majesty when he averts in his Apology for his Leviathan in an Epistle dedicated to the King before Problemata Phisica nec vitio vertant quod contra Hostes pugnans c. Let none account me a Criminal that fighting against your Enemies I took what Arms I could and Brandished a two Edged Sword certainly those Propositions Fought against his Majesty and defended the Cause of of his Enemies That in the same book he did write against Bishops and the Doctrine of the Church of England is manifestly proved before In the Common-Prayer book are contained several Doctrines of the Church of England to oppose or deny which as Mr. Hobs doth in the aforesaid book is made Criminal that is to be punished by the Civil magistrate by the first of Queen Eliza. Cap. 2. The Title of which is That there be Uniformity of Prayer and Administration of the Sacraments in which there are these words ' Be it enacted that every Per son or Persons whatsoeverthat shall in any Interludes Plays Songs Rhymes or by any other open words declare or speak any thing depraving or despiseing the same Book or any part thereof or any thing therein contained then the party convicted shall forfeit to the Queen for the first Offence an Hundred Marks ' He concludes this Tract with casting an odious and false Scandal upon the whole Christian Clergy Down from the whole Council of Nice to this present time in these words ' 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 Crucify forgetting what Paul saith even in case of obstinate holding of an Error 2. Tim. 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 ' T is true both the Bishops and the Presbyterians did accuse that Book in the Parliament of Heresy why could they be fierce their learning and their power being not disputed when he professes in that book he medled not with them their power or learning Those things make not the Clergy fierce t is the Person the Religion the Faith of the Holy Jesus for which the Clergy have been and are still so Zealously contending they are and were piously fierce in opposing prophane Heresies and Blasphemous Impieties the Zeal of the Lord of Hosts hath eaten up those holy Divines their zelous defence of the Doctrine of their master hath not violated the Apostles direction given to the Pastors of the Church 2. Tim. that reaches only those who erred through infirmity not obstinacy Contumacious Hereticks they are bound to oppose withall Holy Zeal and Indignation Did not he blush to averr that they cryed Crucifie when they knew not the Law Could they be ignorant of that Law which they themselves put in execution Their ignorance of the Law did not make them cry Crufie but knowing the Law and Gospel became profest Enemies to those who by their Antichristian opinions Crucifie again the Lord of Glory What Reproach casts he upon Religion when he loads the Christian Divines with such imputations Those that are verst in Ecclesiastical History and have read the Fathers cannot but conclude that the Basil's the Gregory's c. were men as great for Learning and Goodness as the World ever produced their fervent opposition of Hereticks was not contrariant to that Apostoliocal Precept The Holy Christian Divines obeying the Apostolical Commands Titus 3. 10. An Heretick after the first and second Admonition reject 2 Pet. 2. 1. If any one bring another Doctrine receive him not into your house nor bid him good speed down from the Apostles time to this day have and will be till Christ come to Judgement Zealous and Pious opposers of those who privately bring in damnable Heresies denying the Lord that bought them FINIS
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 visiâ— 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
this The Catholick Church being one what opinion was broached by any contrary to the Catholic Church receiv'd an ill stamp and was called Heresie The several opinions of the Philosophers were not branded with an ill name they were not so fixed to one School that it should be impious to be of another but 't is otherwise in the Church of Christ which owneth the Holy Jesus to be her Master and Founder and glorying that she is the Pillar and ground of Truth whosoever sets up for himself and divulgeth to the world an opinion contrary to the doctrine of the Church he himself was judged an Heretick and his opinion an Heresie On this account in the Church of Christ in all ages the word Heresie was not a word of a middle or indifferent sense but of an evil and reproachful acceptation 'T is granted that the Roman Empire was full of Philosophers when the Gospel was preached and that some not many were converted but it is denied that most of the Pastors of the Church were chosen out of these Philosophers The primitive Christians had a mighty jealousie of them and the greatest Philosophers which were Christians were not Bishops such were the Professors and Masters in the School of Alexandria as Pantaenus Clemens Alexandrinus Origen c. The Heathens objected against the Christians that few of them were Learned which caused St. Jerome to write his Book De Viris Illustribus 'T is a gaeat attestation to the truth of Christianity that it appeared when Philosophy so much flourished in the world Those great Wits which were so vastly furnished with Oratory Learnning and the Tongues if there had been any cheat acted by the Christians they would easily have detected it therefore when Christ profest that by his works he might be known he and his Apostles wrought those Miracles which gave a clear attestation to his doctrine No doubt but some of these Philosophers were converted but that by reason of their great skill in Oratory and Philosophy most of the Primitive Church were chosen out of the number of these Philosophers 'T is deny'd In the Primitive Church for the three first Centuries there was not a Philosopher made a Bishop When Christians became numerous they sent their Children to be instructed in Philosophy and the Liberal Sciences who became brave persons But I am ignorant if any Philosopher converted was made a Bishop What Hobbs averrs that these Pastors retaining their Philosophical Dogma's interpreting Scriptures according to their own Sect that thus at first Heresie entered into the Church is not true for Heresie was crept into the Church in the Apostles time St. Paul commands Christians to beware of Heresies and St. Peter saith there are those who shall privily bring in damnable Heresies I do ackowledge Tertullian wrote smartly and truly when he term'd Philosophers the Patriarchs of Hereticks De praescriptione Irenaeus Lib. 2. Cap. 19. gives us an account from what Philosophers the Valentinian and Gnostick Heresies borrow'd their absurd and monstrous opinions But then we must say that these Hereticks were not Pastors in the Church The first that broach't those prodigious opinions was Simon Magus who was onely baptiz'd In the first Century there was not one Heretick which was a Pastor or Bishop in the Church of Christ The Heresie of the Nicholaitans took its rise from Nicholas one of the Seven Deacons he did not broach that Heresie but some who misinterpreted a passage of his were the Authors of it Nor any of the Christian Clergy was the Author of any Heresie in the second Century Tatius was a great Orator converted by Justin Martyr and was the Author of the Heresie of the Encratites but he was not of the Clerical order In the third Century Novatus a Roman Presbyter broach't his Heresie I speak according to the best knowledge I have in the Church history viz. concerning the not receiving the Lapsi into Communion but he was not a Philosopher nor was his opinions any wise a kin to the Dogma's of the heathen Philosophers Nepos was an Aegyptian Bishop not a profest Philosopher a person of great excellency in many things the Author of the opinion of Christs reigning a 1000 years upon Earth which opinion is founded not upon any of the Principles of Philosophy but upon some passages in the Revelations Paulus Samosatenus made Bishop of Antioch was the broacher of many evil Doctrines but he was not a Philosopher The design of Mr. Hobbs easily appears he every where casts severe Reflections upon Christianity and its Professors The Apostle condemns vain Philosophy Col. 2. which in the sence of Cl Alexandrinus is the Epicurean Philosophy from which Hobs borrows his Principles Moral Natural and Political Upon the rising of a new opinion the Pastors of the Church assemble themselves if the Author of that Novelty persisted contrary to the determination of the Church he was laid aside and considered as an heathen man i. e. they excommunicated him other punishments they could inflict none This shall be easily granted but what he subjoyns is utterly to be refused That all the punishments the Church could inflict was only ignominy by this one stroke of his pen he hath cancel'd the New Testament To say that excommunication or casting a man out of the Church or esteeming him as an heathen man was but Infamy 't is to deny Christianity One of the great offices of the Church was Ecclesiastical discipline and the divine censures of which excommunication was the severest and is still if duely manag'd the greatest puishment To be thrown out of the Church to be depriv'd of the Prayers of the Church to have no part in those offices of Religion by which the Grace and Favour of God is obtain'd and to be delivered to Satan is this Infamy onely To be outlaw'd whereby a person is depriv'd of the benefit and liberty of the law he is deprived of the liberty of his Countrey he enjoys not a free air house nor harbor and by reason a Capital penalty is inflicted on those who afford him any reception or give him any relief he is exposed to the utmost peril of ruine except the outlawry be reverst Is this only Infamy The Calamity that Excommunication involves a person in is far greater For Excommunication acording to the Doctrine of the Primitive Church was reputed a sentence excluing the Excommunicated Persons from the Kingdome of Heaven and hence by Tertullian in his Apology called futuri judicij praejudicium Is this only Infamy He might have said that Christianity is nothing the promises and threatnings contained in it are mere Chimaera's thence tho they that embrace it do entertain such a belief t is but a fancy therefore all the evil which attends by excommunicationis onely Infamy Excommunication was not onely for Heresies but likewise for immoralities and excommunication did not brand a man for an Heretick but the person being rendred infamous for his Heresie was if in the bosome of