auderet impunitas vel quantum eis in melius mutandis conferre posset diligentin disciplina Sed haec opinio mea nec contradicentium verbis sed demonstrantium superabatur exemplis Primò mihi opporrebatur civitas mea quae cum tota esset in parte Donati AD VNITATEM CATHOLICAM TIMORE LEGVM IMPERIALIVM CONVERSAEST quam nunc videmus ita hujus vestra animâ—fiâ—aâ—iâ— perniciem detestari vt in ea nunquam suisse credatur Ita aliae multae quae mihi nominatim commemorabantur vt ipsit rebus agnoscerem etiam in hac causa restè intelligi posse quod scriptum est Da sapienti occasionem sapientior erit c. which he seconds in the same Epistle and Epist 50. About the year of our Lord 430. Divert of the Schismatical Dotatists were slain and put to death for their Sedition Schisme and Violences which Saint Augustin deemed lawful and justified at the last when he perceived their Schism and mischeifs could not else be suppressed though he were formerly of another opinion The Emperors â— Honorius and Theodosius made a Law for the Ganishing and Punishment of Pelagius and Câ—lestius the Broachers of the Pelagian Heresy and their followers wherein there is this notable claus Hos ergo reperâ—â—â— ubicunque de hoc tam nefando scelere conferentes a quibuscunque jubemus corripi deductosque ad audientiam publicam promiscuè ab omnibus accusari ita vt probationem convicti criminis stilus publicus insequatur ipsis inexerati exilii deportatione damnatis Decet enim originem vitii a conventu publico sequestral nec in communi eos celebritate consistere qui non solum facto nefario detestandi verum etiam exemplo venenati spiritus sunt cavendi Juvat autem per omnem penè mundum qua Imperium nostrum extenditur hujusmodi proâ—â—â—lgata diffundi Ne scientiae fortasse dissimulatio pastum praestet errori atque impunè se quisque putet audire quod condemnatum rigore publico sese finxeret ignorare Datum pridie Callendas Maiias Ravennae D D. N N. Honorio XII Theodosio VIII Augustis Consulibus Whereupon Palladius in pursuance of this Law made this Edict Exemplar Edicti propositi a Palladio Praefecto Praetorio Junius Quartus Palladius Monaxius Agricola iterum Praefecti Praetotorio edixerunt In Pelagium atque Coelestium Catholici dogmatis fidem scaevis tractatibus destruentes sententia principalis invalnit vt venerabili Vrbe submoti bonorum concilio mulctarentur Hoc igitur omnes admoneri oportet Edicto ne quis sinistrae persuasionis erroribus praestet assensum Et si sit ille plebeius ac clericus qui in caliginis hujus obscaena reciderit â quocunque tractus ad Judicem sine accusatricis discretione personae facultatum publicatione nudains irrevocabile patietur Exilium Num superâ—a Majest as vt colligit ex secreti ignor atione reverentiam it a ex incepta disputationâ— injuriam Manes the Heretick a Persian born the first author of the Heresie of the Manichees about the fourth year of Aurelion the Emperor grew to that madnesse at last as to stile himself Christ and the holy Ghost and chose him twelve Disciples with whom he travelled over the Kingdom of Persia from whence being expelled as a manifest contemner of God he was at last apprehended by command of the King of Persia and subjected to a Persian punishment having his skin flayed off his body and then cast unto the dogs naked to be devoured of them An end suitable to his damnable Heresies and Blasphemies his skinne was afterwards stuffed with Reeds and kept for a monument to deterr others Justinian the Emperor condemned Severus by a promulged Law and appointed most grievous Punishments for his Followers The Emperor Justin caused the Arian Heresie and Arians to be extirpated and gave their Churches to the Orthodox Christians And the Heretick Priscillian was slain by Maximus the Emperor Theodoricus Apher inflicted Capital punishment upon his Deacon who being Orthodox at first Apostatized to the Arian Heresie hoping to gratifie his Lord saying If thou hast not kept thy faith to God how shalt thou keep a sincere conscience to man Constantine the Nephew of Constantius severely suppressed and punished both the Clergy and Laity Princes and Prelates infected with the Heresie of the Acephali and Monothelites And the whole Senate and City of Constantinople about his time banished Pirrhus a wicked and Hereticall Bishop King Reccaredus and the third Council of Toledo in Spain Decreed that if any Clergyman violated the Decrees of that Council which setled all the Churches belonging to the Arians upon the Orthodox among other things that he should be excommunicated if a Bishop or a Clergy-man by all the Council if a Lay-man of any rank or quality that he should forfeit half his goods to the King if a person of mean quality that he should forfeit all his goods and be banished King Eringius in his Edict for the confirmation of the thirteenth Council of Toledo Enacted That the enfringer of the Constitutions thereof should be excommunicated and likewise forfeit the tenth part of his goods and if he had not goods sufficient to pay his fine then hee was to bee publickly whipt and receive fifty stripes and to bee ever after reputed infamous In the Code of the Laws of the Wisigothes lib. 12. collected and published in the first year of the reign of King Eringius I find many Laws to suppress Judaism the impiety of the Jews and their contempts against Christian Religion under divers Corporal Capital Punishments besides Confiscation of their goods and among other of these Laws there is this capital one against such Christians as shal be circumcised and apostatize to Judaism Tit. 2. Lex 17. De Judaizantibus Christianis Sicut deflendum est a Christianis eorum scelus qui in Christo praevaricatores existunt ita modis omnibus decernendum ut nullus omnino veniam mereatur qui a meliori proposito ad deterius declinasse convincetur Quia ergo crudelis est stupenda praesumptio crudeliori debet extirpari supplicio ideo legis hujus edicto decernimus ut quicunque Christianus praesertim à Christianis parentibus ortus sexus scilicet utriusque circumcisionem vel quoscunque ritus Judaicos exercuisse repertus est vel quod Deus avertat potuerit ulterius reperire conspiratione zelo Catholicorum tam novis atrocibus poenis afflictus turpissima morte perimatur quà m horrendum execrabile malum est quod ab eo constat nequissimé perpetratum Eorum verò bona sibi proculdubio fiscus adsumat si haeredes vel propinquos talium personarum facri hujus error consentiendo commaculet And Tit. 3. Lex 4. Si quis Judaeorum ritu suo Pascha celebraverit centenis verberatur flagellis turpiter decalvaetus Exilio diutino mancipetur ejus res fisco adsociandae
praestigiosa illa superstitio deleta est vt sacerdotum ipsorum orthodoxorum Doctrinam sitientibus desiderijs amplexerentur After which this heresie sprouting up again in the year 449. Germanus and Severus coming hither out of France to suppresse it there was another Councell assembled wherein the Authors of this revived heresy were inquired after and being found were condemned and BANISHED the Island by the generall sentence of all Omniumque sententia pravitatis auctores qui erant EXPVLSI INSVLA sacerdotibus adducuntur ad medeterranea deferendi ut regio absolutione illi EMENDATIONE fruerentur factumque est ut in illis locis multo ex eo tempore fides INTE MERATA PERDVRARET This was the happy issue of these Hereticks banishment that religion from that time continued uncorrupted and this Island was thereby freed from the Pelagian heresie for many ages after Anno Dom. 630. Theodor Archbishop of Canterbury being a Graecian borne hearing that the Church of Constantinople was very much troubled with the haeresy of Eutiches to preserve the Churches of England free from that infection assembled a Councel at HEDTFELD of many Priests and learned men wherein they made a Confession of their Faith concerning the Trinity and Vnity and declared their assents to the generall Councels of Nice Constantinople the first and second Ephesus Calcedon and of Rome under Martin whereby he prevented the heresies condemned by them from springing up in this Isle A good effect of this Synodall Assembly Gulielmus Nubrigensis records that in the reign of King Henry the 2. about the year of our Lord 1161. certain erroneous persons commonly called Publicanes came into England These having their originall heretofore out of Gascoygne from an uncertain Author infused the poyson of their mis-beliefes into divers Countries for in the most ample Provinces of France Spain Italy and Germany so many were said to be infected with this pestilence that they seem'd to be multiplied more then the sand on the Sea-shore in multitude Finally whilest the Prelates of Churches and the Princes of Provinces proceeded more REMISLY against them the most wicked foxes creep forth out of their dens and by seducing the simple with a pretended show of piety demolish the vineyard of the Lord of Hosts TANTO GRAVIUS QVANTO LIBERIUS so much the more grievously by how much the more freely but when as the zeale of the faithfull is kindled against them with the fire of God they lye hid in their Dens and are lesse hurtfull but yet they cease not to hurt by scattering their hidden poyson They were rusticall and illiterate men and therefore dull to reason but having once drunke down that poyson they were so infected that they grew stiffe against all discipline whence it very rarely happens that any one of them when being discovered they are drawn out of their dens is converted to piety Verily England alwaies continued free from this and all other haereticall plagues when as so many heresies sprung up in other parts of the world And truly this Island whiles it was called Britaine from the Britons who inhabited it banished out of it Pelagius who became an Arch-heretick in the East and in proces of time admitted his error into it selfe for the destruction whereof the pious provision of the French Church directed St. Germane once and again hither But since the English Nation the Britons being expelled possessed this Island so as it was no more called Britannia but England the poyson of no hereticall plagues hath sprung out of it nor yet so much as entred into it so as to propagate and spread it selfe untill the time of King Henry the 2. Then also by Gods mercy the plague which had there crept in was so withstood that from thenceforth they feare to enter into it Now there were little more then thirty both men and women who dissembling their error came in hither as it were peaceably for to propagate ther plague one Gerard being their Captain upon whom they all looked as their Teacher and Prince for he alone was somewhat learned but the rest were without learning and ideots meer impolished and rustick men of the Teutonic Nation and language Abiding some little space in England they gathered to their congregation only one little girle circumvented with their poysonous whisperings bewitched as was said with certain enchantments But they could not long lye hid for some curiously discovering that they were of a strange sect they were thereupon apprehended and kept in the publike prison But the King not willing either to release them or condemne them without examination commanded a Councill of Bishops to be assembled at Oxford Whereupon they were solemnly convented concerning Religion He who seemed to be learned taking upon him the cause of all and speaking for all answered that they were Christians and embraced the Apostles Doctrines Being interrogated in order concerning the Articles of holy faith truly they answered rightly concerning the substance of the Supernall Physitian but spake perverse things concerning his remedies whereby he vouchsafes to heal humane infirmity to wit of the divine Sacraments detesting holy Baptisme the Eucharist and Mariage and derogating from THE CATHOLIKE UNITY in a nefarious bold manner which those divine helpes do make up Being admonished to repent and TO UNITE THEMSELVES TO THE BODY OF THE CHURCH they contemned all wholesome counsell Threats also that they might repent even for fear they derided abusing that saying of the Lord Blessed are they who suffer porsecution for righteousnesse sake for theirs is the Kingdome of Heaven Then the Bishops taking care that their haereticall poyson should spread no further pronouncing them publikely to be heretickes corporali disciplinae subdendos Catholico Principi tradidêrunt delivered them over to the Catholike Prince to be punished with corporall punishment Who commanded an hereticall character to be branded on their foreheads and being publikely whipped in the sight of the people to be expelled the City strictly charging that no man should presume either to lodge them in his house or give them any solace The sentence being pronounced they were led to the MOST JVST PUNISHMENT rejoycing not with a slow pace their Master going before and singing Blesed shall ye be when men shall hate you so much did the seducers then abuse the minds deceived by him Truly that girle they had deceived in England departing from them for fear of punishment confessing her error obtained reconciliation but that detestable Colledge with cauterized foreheads was subjected to JUST SEVERITY he who was the chiefe among them for the honor of his Masterslip suffring the infamy of A DOUBLE BRANDING to wit IN THE FOREHEAD ABOVT THE CHIN and their cloathes being cut off unto the girdle they WERE PUPLIKELY WHIPPED and cast out of the City with resounding stripes and miserably perished with the intolerablenesse of the cold for it was Winter no man showing them
privato nefarii vestri conventus in unum coire audeant The effects of this Decree are thus expressed by Euseb in the next Ch. Ad hunc modum occultae quasi latebrae recessus eorum qui alienam ab Ecclesia catholica doctrinam opinionem tenebant Imperatorio edicto evoluti patuerunt bestiae etiam immanes quae hujus erant impietatis authores exactae Ex illis ver◠qui essent istorum impulsu in fraudem errorem inducti alii Imperatoris minis perterriti fallaci fucata specie in ecclesiam obrepere coeperunt temporum conditioni callide dissimulanter cedentes ac quoniam lex hominum libros perscrutari jusserat tandem manifesto deprehensi fuerunt hi qui vetitas interdictas illas artes ad hommum perniciem comparatas consectati fuissent qua de re omnibus ut dicitur opibus viribusque claborant ut simulatione sibi salutem adipiscerentur Alii forte ad spem quae in deo Opt. Max. poni debet verè ex animo se transferre quos cum ecclesiarum praesides accurate internoscere studerent alteros ovium pellibus obtectos adumbrata specie se insinuare conantes procul amandarunt alteros vero qui idem integra incorrupta mente instituerent ubi temporis longinquitate explorando de illis satis exquisite periculum fecissent in multitudinem ascititiorum ascripserunt Hoc modo cum illis qui alienam ab ecclesia opinionem doctrinam sequebantur actum est alios autem qui dum in eorum dogmatum disciplina versabantur nihil concepissent impietatis sed scismaticorum culpa se temerè a communi Ecclesiae congregatione frequentia sejunxissent abiecta omni cunctatione in Ecclesiam receperynt Hi igitur gregatim tanquam ex colonia revertentes suam recuperarunt patriam Ecclesiam matrem agnoverunt A qua diu aberrantes cum gaudio laetitia ad eam redierunt membraque cōmunis corporis fuere in unum coagmentata concordiae quasi compagibus firme copulata solaque catholica Dei Ecclesia in so coalescens tum resplenduit cum nusquam Gentium vel Haereticae vel Scismaticae factionis vestigium reliquum quidem esset Cujus praeclari facinoris causam Imperatoris Deo cui solus ex omnibus Imperatoribus qui aliquando extitissent curae erat acceptam plane retulit This was the good effect of this Emperors Edict a sufficient encouragement to others to imitate his Example who likewise suppressed the seditious tumults and attempts of Hereticks by banishing them into remote parts and punished the Jews with severe corporal punishments for their attempts against Christians and Christian Religion and endeavoring to repair the Temple at Jerusalem The Sons of Constantine the great prohibited under pain of death that none should be circumcised after the maaner of the Jews The Emperors Gratianus Valentinian and Theodosius the Elder and Yonger as they expelled the Arian Bishops and Ministers out of their Churches and placed orthodox Bishops Pastors in their stead so they made Laws against them prohibiting their meetings banishing them the City and interdicting their Ministry Which Laws are recorded by Justinian Codicis lib. 1. Tit. 4. Lex 1 2. Yea the Emperors Arcadius Gratianus Valentinian Theodosius Anastatius Marcianus and Justinian made sundry Laws against the Manichees Apollinarians Novatians Eunomians Valentinians Montanists Priscillianists Marcionists Eutichians Donatists Paulians Euchratists AND OTHER HERETICKS TO THIS EFFECT That they should neither preach nor speak of their Heresies nor exercise their Ministry nor vent any thing against the orthodox truth nor keep any assemblies in Churches or private houses under pain of confiscation of the places where they assembled and they were to forfeit an hundred pounds of gold to the Emperor and fifty to the President that all their goods Liberties Offices Titles should be forfeited that they should inherit no lands nor have power of buying selling or contracting after conviction nor to make any Will or Codicil IN MORTEM QUOQUE Inquisitio TENDATUR And that they should likewise be put to death their crime being greater then treason against the Emperor That the believers receivers defendors and favourers of Hereticks be excommunicated for the same and not conforming within one years space should be accounted infamous and not be admitted to any publick offices Councels Elections nor to give testimony in any case nor have power to make a Will nor to injoy Lands as heirs and successors to any person nor have power to implead any man in any Court nor to be Advocaters or Registers That those Hereticks should injoy no Military nor Civil Office that all their Heretical Books some of their Persons to should be publickly burnt that the Manichees VLTIMO SVPPLISIO traderentur quoniam his nihil relinquendum loci est in quo ipsis etiam elementis fiat iniuria And they further Enacted That if any condemned Hereticks gathered Churches or raised any tumults to the disturbance of the publick peace Vt seditionis auctores pacisque turbatae Ecclesiae ETIAM MAIESTATIS CAPITE AC SANGVINE SINT SVPPLICIA LVITVRI They were to be punished as authors of Sedition disturbers of the publick peace and guilty of Treason with the loss of their heads and blood These several Laws are more largely recorded in Justinian Codic lib. 1. Tit. 8. De Haereticis Manichaeis Codex Theodosij lib. 16. Tit. 1. 4. The self-same Emperor together with the Emperor Constantius Enacted the like Laws and inflicted the self-same punishments upon Apostates from the Orthodox Faith to Paganism to Heresie and Judaism registred at large by Justinian Cod. lib. 1. Tit. 10. De Apostatis where you may peruse them and in Codex Theodosii lib. 16. Tit. 6 7 8. These Emperors likewise Enacted severe Laws for the suppression of Idolatry and Pagan Religion and the Emperors Constantius and Julian Enacted this capital Law PAENA CAPITIS subjugari praeeipimus eos quos operam sacrifitiis dare vel colere simulacra constiterit Codex Theodosii lib. 16. Tit. 8. lex 6. These Edicts of theirs suppressed destroyed the Eutichian Nestorian with other of these Heresies as the historians of that age relate and Leo. Epist 38. 39. to the Emperor Marcianus and Pulcheria the Empress testify and Epist 91. The good effects of these Laws that they reclaimed converted many from their Heresies and Errors and made them real converts is at large recorded by Saint Augustin in his 48. 50. Epistles this experimental good fruit of them inducing him thus to retract his former opinion against punishing Hereticks with corporal punishments Sunt duo libri mei quorum titulus est Contra partem Donati in quorum primo libro dixi non mihi placere ullius secularis potestatis impetu Scismaticis ad communionem violenter vehementerque arctari Quod verè tunc mihi non placebat quia nondum expertus eram vel quantum mali eorum
Hereticks and Apostates to be burnt the rather because the Bishops power is abolished cortrary to the opinion of 27. P. 8. 14. delivered when those Lawes were in force and of Sir Edward Cooke in his third Institutes p. 40. That at this day no person can be indicted or impeached for Heresie before any temporall Iudge or other that hath temporall Iurisdiction as upon the perusall of the Statutes of 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. 2. Phil. and Mary c. 6. appeareth For these Acts being repealed as he there grants the old common Law of England is thereby revived as to Hereticks and Apostates and so at this day any person may be indicted impeached condemned before the temporall Iudges of the Kings Courts for apparent reall Heresie contrary to the Word of God and 4. first Generall Councels in such sort as they were and might be before these Statutes 4ly That since the repeale of these Statutes no man upon a bare conviction of Heresie before the Ordinary or Commissary justly may or ought to be put to death or burnt by the Writ De Haeretico comburendo unlesse he were likewise first legally indicted and convicted by a Iury in the Kings Courts as all other capitall Malefactors Felons and Traytors are My reasons are Fâ—â—st because it is directly contrary to Magna Charta c. 29. the Petition of Right 5. E. 3. c. 9. 25. E 3. c. 4. and other forecited Statutes of Edward the 3d. and contrary to the right order of Iustice good equity and the Lawes of the Realme as is resolved in the Stat. of 25. H. 8 c. 14. 2ly Because the Sheriffe could not execute any man by vertue of this Writ or without it before the Statute of 2. H. 4. c. 5. nor after it without this Writ unlesse he were actually present at the sentence as is resolved 2. Mariae Brooke Heresie 1. Therefore this Statute and all others in pursuance of it being totally repealed this Writ and the proceedings on it upon a bare sentence of the Ordinary is as I humbly conceive meerely void in Law and contrary to Magna Charta And therefore it is considerable whether the resolution of the Iudges in Legates case forecited be not erronious though seconded by Sir Edward Cooke For though the Ordinary of every Diocesse both before and after these Acts might convict any person for Heresie and excommunicate or degrade him by the common Law yet the Sheriffe could not execute him by any such convictions either without or by vertue of a Writ De Haeretico comburendo but by power of those Acts now all repealed as is resolved by 25. H. 8. c. 1. 4 Yet that an Hereticke or Blasphemer convicted and condemned of Heresie or notorious Blasphemy by a whole Nationall Synod or Convocation may by Ordinance of both Houses of Parliament without any previous Indictment be lawfully executed by a Writ De Heretico comburendo even at this day seemes probable to me since it was usual before any Statute made by the connivance of the common Law 5ly That an Hereticke and Apostate legally indicted and convicted in the Kings Courts before the Iudges for Heresie or Apostacy and adjudged to be burnt may at this day by the common Law be executed without such a Writ by vertue of the judgement only by the Sheriffe who is an Officer to the Court as well as other Felons may be and are usually executed in other cases without a Writ And if the Parliament will be pleased by a Law to declare what are Heresies in particular and what Heretickes and Apostates in speciall shall be indicted and proceeded against at the common Law as they did heretofore in case of Treasons by the Stat. of 25. E. 3. c. 2. there will be as great benefit and no more danger of Tyranny or Persecution in permitting commanding the Iudges to proceed against Hereticks and Apostates who are Traytors unto God and Religion according to the ancient Rules of the common Law then there now is in their proceedings against Traytors to the King and Kingdome upon the Statute of 25. E. 3. c. 2. a very good president as I humbly conceive for framing a new capitall Law against Heresies and Blasphemies Now the reasons which confirme me in this opinion That all Heresies Blasphemies Schismes Apostacies Idolatries are triable and punishable in a criminall or Capitall manner only by an indictment and legall Tryall at the common Law but not upon any sentence given by the Clergy in Convocation or the Bishops in their Consistories are these First because the Priests under the Law were neither appointed to condemne nor execute such unlesse upon extraordinary occasions in default of the Majestrat but only the Majestrates and people as Deut. 13. with other precepts and precedents forecited manifest especially Iob. 31. 26. 27. 28. If I behold the Sunne when it shined or the Moone walking in brightnesse or my heart hath beene secretly enticed to worship them or my mouth hath kissed my hand this also were an iniquity TO BE PVNISHED BY THE IVDGE for I should have denyed the God that is above Secondly Because all such under the Gospell since Christs time were anciently punished with imprisonment confiscation of goods disinherison banishment death only by the civill Lawes Edicts of Godly Emperours Kings and civill Majestrates and by their sentences and Iudgements in pursuance of them as is apparant by the premised and subsequent Lawes and Histories No Prelats Councells Synods anciently having power to passe any such civill corporall or capitall sentence against them but the civill Iudges and Majestrate only Hence Lucas Tudensis about 350. yeares since writing of the Albigenses reputed for Hereticks records that a judice Regionis capti sunt Et ut digni erant flaminum ignibus traditi confessing it to be the civill Magistrates duty both to restraine and punish them concluding thus Regum Principum est hoc ministerium scilicet fidei rebelles occidere per se vel per ministros suos Quod nisi sollicite fecerint rationem reddent Domino de his quae eorum dissimulatione vel negligentia ab impijs perpetrantur Remunerabuntur autem si illorum ministeriocultus fidei conservetur Hence Iulius Firmicus writes thus to the Emperors Constans and Constantius vobis sacratissimi Imperatores ad vindicandam puniendam Idololatriam necessitas imperatur hoc vobis Dei summi lege praecipitur 3ly Because all the godly Councells Bishops Fathers in former ages yea Popes themselves have written to and importuned Godly Emperors Kings Magistrates to apprehend suppresse punish Hereticks Schismaticks Blasphemers and Apostates informing them it was their duty to do it to which all Orthodox Protestant Churches Writers at this day subscribe yea and the Papists too From whence Paeraeus Dr. Willet Bishop Davenant and generally all Protestant Divines thus argue against the Popish Prelates and Clergie who will not
admit of Christian Princes and Majestrates to be the Iudges of Hereticks Schismatricks c. but only to be executioners of them when condemned first by them for Hereticks and delivered over as such unto them to burne or punish Every one hath the supreame Iurisdiction Power or Authority of judging in those things wherein he hath the supreame Power of punishing condemning and executing Offenders because all punishment and execution without a preceding Iudgement knowledge and conviction of the truth and reality of the crimes for which the party is punished or executed is rash and unjust and no Prince or Majestrate can justly punish another for opposing or not embracing that Faith and Religion which himselfe is not able and hath no jurisdiction to judge whether it be Heresie or Truth agreeable to Gods word it being contrary to â—ohn 7. 51. Acts 25. 15. 16. 17. the course of all Laws both Divine â— Humane But in the businesse of Faith and Religion Christian Princes and Majestrates have the supreame Iurisdiction Power Authority of condemning punishing and executing Hereticks Schiâ—maticks Blasphemers Apostates and Idolarers criminally or capitally as all ancient Fathers Councells Protestant Churches writers accord Therefore they only have the proper Iurisdiction and Conusance of their Crimes and are to try them as they doe other Malefactors by way of Indictment and Iury only 4ly Because Dr. Willet Bishop Davenant with other of our owne and â—orraign Protestant Divines accord That the Clergies encroaching of the power of judging and condemning Hereticks dolaters Schismaticks Apostates Blasphemers further then to excommunicate or degrade them only and denying the Christian Majestrate power to indict arraigne try and condemne them criminally to inflict pecuniary corporall or capitall censures on them is a meere Papall encroachment and innovation usurped about some three hundred and forty yeares since by the Pope and Popish Clergy by the connivance of Christian Princes to suppresse the Albigenses and Waldenses whom they feared the Civill Magistrate who favoured them would not condemne burne or put to death as Hereticks it left to their Tribunalls and thereupon appointed their owne speciall Inquisitors to proceed against them Therefore being a meere Papall usurpation and Encroachment upon the Kings Royall Prerogative and lawfull Power it is certainly abolished for ever by the Statute of â— Eliz. c. 1. and other Acts against the Popes usurpations 5ly Because forraigne Protestant States and Princes condemne no Hereticks to suffer losseof Liberty Goods life or banishment but such as themselves upon tryall and conviction before them judge such as appeares by the case of Valentinus Gentilis Servetus and other Hereticks condemned and executed by them Therefore our Iudges also doubtlesse ought to enjoy and exercise this Iurisdiction here in England as well as those in forraigne parts the rather because they have legall Conusance of Heresie and the like in case of an Habeas Corpus or Prohibition as our Law-Bookes resolve and so by like reason in case of an Indictment too the rather because the clauses in the very Writ De Haeretico Comburendo admit them such a power and the ancient common Law of England directly gave it them as I have already manifested which I hope will fully satisfie such who have beene hitherto doubtfull or contrary minded in this point And thus much for proceedings by the Common Law of England against Hereticks and Apostates which I thought fit to cleare because either not known to or mistaken by most and may be usefull for the future I come now to our owne Statutes against Heresie and Hereticks of which very briefly because all now repealed and touched upon before In the times of Popery there were severall Acts of Parliament made against those the Prelats and Clergy then pretended to be Hereticks to wit Iohn Wickliffe and his followers whom they stiled Lolards who were no Hereticks at all in verity as also against others really such though not principally intended in those Lawes The first Law was only a pretended Act fraudulently obtained by the Prelates without the Commons consent and published as a Law assented to by them 〈…〉 what manner you may read in the Marginal n Authors to wit the Statute of 5. R. 2. .5 Stat. â— The effect of it was that the Kings Commissions be made and directed to Sheriffs and other Officers and other persons learned upon the Bishops certificat made in Chancery from time to time to arrest all Lollard Preachers whom they styled Hereticks and also their fautors Abettors and to hould them in arrest and strong prison till they should justifie themselves according to the Law and reason of Holy Church But this pretended Act upon the Commons Petition in the next Parliament was revoked because they never assented to it nor was it granted by them for it was never their meaning to be justified by and binde themselves and their successors to the Prelates more then their Ancestors had done before them The next Statute against Hereticks is that of 2. H. 4. ch 15. procured as the former which was made only upon the Petition of the Prelates and Clergy of England who in their Petition desire that it may be ordained per dictam Regiam Majestatem ex assensu Magnatum aliorum Procerum in dicto Parliamento existentum And the Answer is Rex de consensu Magnatum aliorum procerum Regni sui without naming the Commons as appeares by the Parliament Roll yet the Prelates cunningly foisted this clause into their written and printed Copies which they inserted into their Constitutions in the Councell at Oxford An. 1408. some six yeares after this Law though not in the Parliament Rolls Super quibus quidem Novitatibus excessibus superius recitatis Praelati Clerus supradicti AC ETIAM COMMVNITATES DICTI REGNI in eodem Parliamento existentes dicto Domino Regi supplicaverunt ut sua dignaretur Regia celsitudo in dicto Parliamento providere de remedio oportuno Wherein the Commons consent is included who neither joyned in the Petition nor consented to the Act yet this clause continued in all our Printed Statutes both in the Latine and English Copies to give it the colour of an Act of Parliament as Mr. Fox truly observes in his Acts and Monuments vol. â— Edit 1640. p. 773. upon which ground among others this Statute was repealed by 25. H. 8. â— 14. being practised as a Law till ther Whence Walsingham stiles it a Statute and affirmes that William Satry a Presbyter burnt in Smithfield in the sight of many had this Law practised upon him Practizataque fuit haec lex in Pâ—eudo presbytero qui apud Smithfield multis aspectantibus EST COMBVSTVS though in truth he was burned before this Law passed upon a Writ made by the King and temporall Lords without the Commons or Prelates This Statute if I may so call it â—â—flicts not only imprisonment and fines upon
authority upon the recited Lâ—ws Punishments and proceedings against obstinate seducing Heretickes 〈…〉 and Blasphemers First that they were generally made and seveâ—rely executed by the most pious Religious and zealous Emperors Kings Princes states in the ages when they lived out of their piety great zeale love to God and Christian Religion not by such as were irreligious prophane carelesse of Gods worship or of a persecuting disposition 2ly That they were made at the desire and earnestrequest of the most godly pious Orthodox Councells Bishops Ministers and zealous Christians living in the times wherein they were enacted witnesse the Epistles Decrees of the second generall Councell of Constantinople to Theodosius the Elder of the councell of Ariminum to the Emperor Constantius of the councell of Africk to the Emperor Honorius Can. 25. to 61. of the c Bishops and Clergy in the third generall Councell of Ephesus to Gallimar King of â—ersia and Theodosius the Emperor The Epistles of Lev the first to the Emperors Theodosius Martianus and others Epist 9. 13. 14. 38. 39. 23. 44. 50. 58. 91. Augustine Epist 48. 50. Gratian caus 23 â— 3. 4. with sundry others 3ly That they were generally applauded by all opposed and writ against by none for ought we find as contrary to the word of God and the Government under the Gospell but only by the â—actious and seditious Donatists 4ly That Gods blessing on these Lawes the severe putting them in execution was the principall meanes to suppresse extirpate the Heresies and Schismes of the Arians Pelagians Maniches Donatists Euticbeans and the like which abounded in those times when preaching and disputations would not do it yea that which stopped the propagation of them to posterity with the growth and spreading of them for the present in those ages as all Ecclesià sticall Hystoriaens evidence And although it be most certaine that all the Lawes and punishments in the world cannot suppresse the true faith and Doctrine of Iesus Christ nor hinder the prevailing progresse of it which commonly spreads fastest under the hottest persecutions yet it is most true that execrable Heresies Errors Blasphemies and Schismes contrary to Gods word may be and alwayes have beene suppressed yea extirpated by temporall Lawes and punishments in all Ages when no other meanes could prevaile to do it and where such Laws are most severely executed there Heresies Errors Schismes blasphemies either break not out at all or are soone suppressed and never grow Epidemicall or of long continuance From all which Lawes and considerations I shall deduce this Argument as auxiliary to the former Those things which the most pious zealous and devout Emperors Kings Magistrates States even at the prayer or request of the most holy Orthodox learnedest Councells Bishops Clergy-men and with the generall approbation and desire of the best and most Zealous Christians with very good successe to the publike tranquility peace of the Church and preservation of the Christian faith in purity have by their Lawes and sanctions punished with corporall or Capitall punishments in all or most Ages and Realmes where there were any Christian Emperors Kings States Magistrates all Christian Princes Magistrates Republikes may with safe consciences and good successe punish ' yea censure now and ought to do it But the most pious zealous devoutest Emperors Kings States Magistrates at the prayer and earnest request of the most holy Orthodox learnedest Councells Bishops Clergy-men and with the generall approbation desire of the best and most zealous Christians with very good successe to the settlement of the peace of the Church and preservation of the Christian faith in purity have by severe Lawes and sanctions punished Hereticks Apostates seducing false Teachers Blasphemers and obstinate dangerous Scismatiks with corporall or capitall punishments in all or most Ages Realmes States where there were any Christian Emperors Kings States Magistrates as the premises manifest Therefore Christian Princes Magistrates Republikes may doubtlesse with safe conscience and like good successe punish them in like manner now yea and ought to do it unlesse they will be reputed lesse pious zealous or devout then they or lesse carefull of the publike peace and peoples soules then they have bin And thus much for the affirmative part I now come to Answer the chiefe Objections lately made in Presse or Palpit to the contrary especially Mr. Dels which are freshest in memory and much relied on by his Independent party An Answer to the contrary Objections The Objections made to the contrary by our Opposite dissenting Brethren Libertins Sectaries Anabaptists are deduced partly from Scripture partly from reason Some of those from Scripture I have already answered in the premises as they lay in my way I shall now propound and answer those only which remaine taken almost verbatim from the Donatists and old Anabaptists The first Objection is from the Parable of the Tares Math. 13. 24. to 31. 36. to 43. Where when the Servants would have gone and gathered up the Tares out of the Wheate before the Harvest the houshoulder said Nay least whiles ye gather up the Tares ye root up also the Wheat with them Let both grow together Vntill the Harvest and in the time of Harvest I will say to the Reapers gather you first the Tares together and binde them in bundells to burne them but gather the Wheat into my Barne Which Harvest Christ interprets to be the end of the World and the Reapers to be the Angells v. 39. Whence they inferre that Hereticks Schismaticks false Teachers and Blasphemers being Tares must bee let alone to grow among the Wheat and not pulled up nor rooted out by the Majestrate till the Harvest at the end of the VVorld and then only to be gathered by the Angells into bundells and â—â—st into Hell fire but notto bee burnt or punished here by the civill Powers So the Donatists and Anabaptists To this I answer First that this being but a parable the whole scope of it must be observed else no lolid Argument can be deduced from it Now the whole drift of this Parable is only to shew there shal not be a total separation of all the Tares from the Wheat all the sheep from the Goates all the Reprobate from the elect all the Children of the wicked the Devill from the Children of the Kingdome till the day of judgement at the end of the World as is undenyable by Christs owne exposition of it v. 27. to 34. by that other Parable of the net v. 47. to 50. and by Math. 25. 31. to the end 2 Thes 1. 8. 9. 10. Iude 14. 15 Re. 20. 12. 13. 14. 15. c. 22. 14. 15. compared The only argument then which can be properly deduced from this Parable is this God will not make a totall separation of al wicked men from the good of all Tares and Children of the Devill from the VVheat and children of the Kingdome in this world nor gather together all