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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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of his own Right Ecclesiastical But in the first year of his Son King Edward the Sixth was made an Act by which were repealed not only this Act but also all former Acts concerning Doctrines or matters of Religion So that at this time there was no Law at all for the punishment of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 was not repealed but made useless by reviving the Statute of 25 Henr. 8.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not long after by the Death of Queen Mary coming to the Crown in the fifth Year of her Reign by Act of Parliament repealed in the first place all the Laws Ecclesiastical of Queen Mary with all other former Laws concerning the punishments of Hereticks nor did she Enact any other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