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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
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