kingdomes to perswade the people to allow of the Popes Bulles and to reconcile men from their loyaltie and obedience to the Queene vnto the Pope Which traiterous course had it not beene by Gods goodnesse espied and staied there had followed imminent danger of horrible vproars in the Realme For some of these cursed and seditious Seedes-men and sowers of Rebellion were discouered and being charged with euident points of high Treason not being dealt withall vpon Questions of Religion were truely conuicted openly condemned and iustly executed as Traytors vnto their Prince and Countrie Hereby appeareth the Libellers impudencie and malice in traducing the Queenes gouernement for tyrannie whereas indeed it was but due and needfull execution of Iustice for necessary preseruation of her person estate and Subiects For that Prince that neglecteth his Office and suffereth disloyall Subiects and Rebels to haue their wils for want of resistance and courage ought not to be pitied though he lost his Crowne his head his life and his kingdome Touching the increase of Papistes ten to one that were before in the yeere 1582. ten to one it is a malicious lie and vntruth which needeth no further refutation For lightly said without proofe may be lightly contemned without answer Of the increase of Papistes in the last yeeres of the Queene And that the Papistes began to increase in the later yeeres of the Queene it was by reason of impunitie and slumber of Iustice as her Maiestie confesseth in her Edict Nouemb. 15. 1602. which she was then presently about to reforme and indeede had so donne if she had not beene preuented by Death You will perhaps reply that in Scotland our brethren had better successe when they tooke armes in the daies of his a Maiesties mother for the 1 A malicious vntruth spreading of the Gospell Fol. 16 yet you must confesse that it was but small discretion to set all vpon the vncertaintie of a battaile Many like violent attempts haue beene practized in that Realme through zeale of Religion but by clemencie and moderation his Maiestie hath not onely escaped the dangers but also made himselfe a peaceable Master and Lord ouer them all imitating heerein that most renouned French King Henry 3. who perceiuing the fire of Ciuill wars to kindle betweene the King of Nauarre who was of the Religion and the house of Loraine would 2 For he neuer ioyned with both together breake neither with the one nor the other but fauoured them both so farre as in the end he made himselfe 3 The Libeller must needes be either a foole that knoweth not what he writeth or a Knaue for belying of Stories For that poore King was so farre from being peaceably Lord ouer the house of Lorraine that they traiterously caused him to be murdered in his Campe before Paris Reade the Answere peaceably head of them both who afterwards wholy depended vpon his wil pleasure To continue yet further in the affaires of Fraunce they that haue seene the successe may witnesse that no violence could worke out 4 True because the gates of hell cannot preuaile against Christs Church them of the Religion in the time and raigne of Charles 9. and since the said King Henries death the force of Spaine ioyned with Fraunce vnder the conduct of the Dukes of Parma and Du Maine did not so much b preuaile in Fraunce as did the Bishop of Rome his 5 O curteous entreating courteous entreating the now King and his adherents although of a contrary Religion vnto him If the Pope will for his more 6 For he doth nothing but for aduantage aduantage yeeld to them in some things who were his greatest enemies what neede we be so straight laced against our owne Countreymen for matters of Religion May not his Maiesties example of clemencie towards the Papistes heere mooue some Prince abroade to be 7 Fonde suggestions fauourable to our brethren Is not the Masse suffered at Rochell and other like townes in Fraunce in hope that they of the Religion may be like-suffered in Paris and other such townes in Fraunce Haue not our brethren in Holland offered to admit the Papistes to preach and say Masse in their Countries so that they might haue like libertie in all the other Prouinces If we haue the truth why should we 8 Let the Libeller perswade the Pope and the King of Spaine first to graunt this libertie to our Religion feare that other Religions should haue libertie with vs and why may not the King doe as the Queene mother did in Fraunce who being a stranger in the Countrey and at the death of her husband the gouernement of the Realme 9 No otherwise then by great meanes and entreatie falling into her hands during the minoritie of her children did iudge a it the wisest way for the maintenance of her authoritie Fol. 17 to keepe still on foote the oppositions which she found either by diuersitie of Religion or otherwise and to fauour them 10 False for from the yeare 1562. vnto her dying day she was an extreame enemy vnto them of the Religion all in such sort as still she might be able to curbe the stronger by supporting the feeble and weaker partie Euery little gouernour in France that hath vnder his charge a towne or prouince where men of sundry Religions liue as the Duke Memorancy the Duke Bullion Diguiers and the like taketh the same course as the Queene mother did and so keepeth his places or prouinces at his deuotion and in due obedience And at this day in Fraunce you see no vndiscreetely zelous man in great fauour with the King or in high estate to gouerne that by the moderation of such as are not too forward the insolency of other whom zeale may mooue to be troublesome may be repressed And 11 Non causa pro causa thus the Countrey is kept in greater peace and quietnesse then hath beene seene in Fraunce for 40. yeares before and that chiefely by the diligence and dexteritie of two especiall fauorites of the King the Marques of Rosne high Treasurer and Monsieur de Villaroy principall Secretary both of them b of farre different yet temperate humour in Religion Wherefore the Scottish Noble men tooke armes It was not for the cause of Religion that the Noblemen of Scotland tooke armes as the Libeller would make vs beleeue but for other matters The house of Guise in France vnder colour of consanguinitie and Religion brought into Scotland French forces in great numbers Whereupon the ancient Nobilitie of the Realme seeing the imminent danger of reducing their kingdome vnder the Tyrannie of Strangers tooke armes against the enemie and being not strong inough to subdue them praied the Queene of England her ayding forces which her Maiestie knowing the action iust and honourable easily granted them and accordingly expelled the Strangers and restored the Nobilitie to their degrees and ancient priuiledges and the State to peace
The other attempts which he speaketh of practised in that kingdome when they shal be particularly specified they shal be fully answered That concerning the French King Henrie 3. is altogether false Of the French K. Henrie 3. The trueth is The Duke of Guise that he might strengthen himselfe and his house to take the Crowne if ought should befall the Kings line by the support and practise of the Queene Mother obtained greate auctoritie in the kingdome of France whereupon hauing raised and moued Ciuill warres vnder pretence of Religion though indeed to weaken and extirpate the Princes of the blood and ancient Nobilitie of the Realme tooke armes against the Huguenots but seized vpon the best townes of the Catholiques Religion was preached at Guyenne and the Leaguers went to driue it out of Picardie The Huguenots were at Rochel and their armie marched straight to Paris The Huguenots are at Montpelleir and the League set vpon Marseille Whereupon the King writing vnto the King of Nauarre saith That he knew that those of the League what shew soeuer they made plotted onely against his Person and Crowne thinking to rise and become greate at his coastes seeking nothing els but the vtter ruine and dissipation of his Estate On the other side the King of Nauarre and the rest of the Princes of the blood together with many of the Peeres and Nobles of France and the greatest Officers of the Crowne perceiuing the Duke of Guise his malice and seeing his iniustice that being but a Subiect he would with priuate and armed violence murder innocents and make himselfe sole commander gathered themselues to preserue their liberties granted by publique Edicts and to saue their liues from the furie of that ambicious Blood-sucker Meane time the Leaguers hauing the King at aduantage presented him with these requests viz. To make an irreuocable decree for the extirpation of Heresies To take by force those Townes held by those of the Religion To renounce the protection of Geneua To auctorise the warres To reconcile the Leaguers vnto him To be of their League that is of a King to become a Participant And thus the Leaguers hauing made their peace with the King they caused him presently to interdict the exercise of the Religion by a new Edict recalling all former Edicts for peace to approue the warres to banish the Ministers and to force all his Subiects to become Papistes The King of Nauarre being aduertised of these proceedings complaineth vnto the King of the peace he had made with the League declaring vnto him that himselfe could not be ignorant that he had made peace with his Enemies and armed them with his forces and auctoritie against the Estate against the Blood and against his owne Person The King was now in woefull case and in great perplexitie and distresse neither durst he vse the auctoritie of a King If he consented to the libertie of Religion and restored them the Edict of peace he thought he heard all the mutinous Leaguers continually about his eares if he made warre against the King of Nauarre and the Religion he had fiftie thousand Strangers vpon his backe that would constraine him to ouerthrow the League Wherfore he desired the Duke of Guise to yeeld to a peace not to abandon the Estate of the Realme for a pray vnto Strangers to procure the ease and contentment of the King the comfort of the people the freedome of the Clergie and the dignitie of the Nobilitie by other meanes then by Ciuill warres which would ouerthrow all But the Duke of Guise who rather desired a battell then a disputation answered the King resolutely that he would haue no peace but warre and caused the King in his owne person to march against the Protestants After that the King had made some few skirmishes the glory whereof redounded to the Duke of Guise he staied for a time to resolue himself vpon the intention of the Princes of the League which was now fauoured by the Pope the Emperour the King of Spaine the Duke of Sauoy certaine Princes of Germanie all the house of Lorraine and all the chiefe Townes in France that had entered therein and made shew to consent vnto them for indeed he was not able to resist them being in a manner banished in the middle of his estate and spoiled of his auctoritie So that now he acknowledged his fault that he agreed to the treatie of Nemours to the breach of peace and to approue the league The people euer where Monsieur de Guise came still receaued him with great ioy and acclamations Viue Guise Viue le Pillier de l' â—glise in so much that the King was faine secretly to flie from Paris and shift for himselfe For Monsieur de Guise being puffed vp with popular insolencie had absolutely determined either to slay the King or at least to cast him into a Monasterie as Chilperic was and to vsurpe the kingdome himselfe Now the King hauing escaped and the rumour thereof being spread ouer all France Monsieur de Guise began to protest his innocencie and the duty he had shewed in restraining the furie of the people trauelling in the Kings behalfe against the attempt of the Barricadoes But the King The death of the Duke of Guise thinking that the life of Monsieur de Guise would be his death resolued to be reuenged of him And so indeed because very many were engaged in that conspiracie he caused him to be suddenly surprised and slaine at Blois in the entry as he came from the Councel-chamber into the Kings chamber Notwithstanding this execution of the duke of Guise yet the flame of that conspiracy was nothing asswaged for the league caused not a few of the chiefest cities in France to rise against the king whereby the king grew so distressed as he was forced to make peace with the king of Nauarre to craue his forces for his reliefe and also to implore succours from her Maiestie of England but before these forces could be transported into France the king by the malicious and diuellish instigation of the League Death of Henry the 3. K. of France was most traiterously murdered by Frier Iaques Clement in his campe neere Paris By this a man may see what conscience the Libeller maketh of falsifying Histories and how true that is where he saith that in the end the king made himselfe peaceably head of them both who afterwards wholly depended vpon his will and pleasure In the time of Charles the 9. albeit the Papistes omitted no deceit periurie massacres nor warres to roote out them of the Religion yet because they defended their libertie by the confirmation and auctoritie of so many Edicts of peace God also fauoring their cause their aduersaries molested them in vaine for they could not preuaile against them but for all their persecutions the Protestants still encreased more and more both in zeale and number Also in the time of Henry 4. the present king the Dukes de Maine and
as you suppose note to my shame yet I hold it not ignominious to change for the better vpon these and others so graue considerations as in this Treatise I shall set downe for your and others satisfaction Saul when he stoned Stephan and the other Martyrs had zeale but without knowledge so had I while I was of your opinion and confesse with Paul 19 But the libeller iam sapit vs pravus for he glorieth in vomiting his owne shame Sapiebam vt paruulus my vndiscreete zeale blinded my vnderstanding and in my iudgement there wanted ripenesse and maturitie As you do now so did I then storme within my selfe to see his Maiestie 20 As though his Highnesse were not able to rule himselfe ruled by the Protestants not onely in those 21 A Machauellian pract se to bring the Puritans in detestation with his Maiestie who neuer accompted thus of his Coronation and Vnction Papisticall ceremonies of his coronation and vnction but also in the whole course and practise of the Communion Booke and administration of sacraments that he should leaue the whole state of the Church of England in the same sort as a he found it Fol. 5 and take vpon him the title of 22 Good Sir there is difference betwene Supremacie and Supreame head this latter Caluin saith that some attributed vnto K. Henry 8. of vndiscreet zeale supremacy in matters of Religion a point highly blamed in K. Henry 8. by Master Caluin who without all controuersie was one of the chiefâ—st instruments of the Gospell and therefore neuer as yet receiued by any of our reformed Churches At his Maiesties first comming to the Crowne we expected nothing lesse then this suddaine 23 Soft and faire the weathâ—r is not so calme not the reasoÌ„ still as you would make the world beleeue calme towards the Papistes They liue in peace and pay no more the Statute and that by commaundement from the King Some that lost their lands and countrey are now restored to both with grace which made me wonder at the first and enter into due consideration of the fact when conferring with some of knowen wisedome and zeale I vnderstoode that the Marques Rosne Lord Treasurer of France sent hither as Embassadour did amongst other points very mainly 24 Whether this be true or no his Maiestie best knoweth and I thinke iâ— is extreame presumption and arrogancy for aâ—y â—ubiect to disclose the secrets of his Soueraigne But what do not disloyall Papists dare to It may be that Marques de Rosne perswaded the K not to force any 〈◊〉 Protestans Subiects to the businesse of Religion but it is not likely he spake any thing in fauour of Papists and if he did his Maiestie knoweth what he hath to do well inough perswade his Maiestie not to force any of his subiects in the businesse of Religion himselfe being as you know a very good Christian And further vnderstanding how 25 Great Britaine hath no cause God be thanked to e uie them this quietnesse quietly our brethren in France liue together with the Papists vnder lawes prouided for that purpose I finde that this b Nobleman hath dealt honourably with his Maiestie and giuen the same aduise by which the King his Master wonne Fraunce and established his 26 Because the Papistes would neuer acknowledge him to be their lawfull King vntill he had made profession of their Religion Crowne in peace I will not follow the Libeller in his immethodicall idle Digressions sit to preuaile with worldly mindes that neuer tasted the truth which if I should labour to repell with such a discoursing style I should but waste paper and wearie the Reader wherefore I will ioyne issue with him in as fewe tearmes as may be The Libellers Proposition His Proposition briefly is this No man is to be compelled to embrace Religion by the temporall sword of the Magistrates power but is to be perswaded by the eternall sword of Gods holy word In the meane time he would haue euery man left to himselfe to embrace what Religion he pleaseth as he professeth fol. 23. b. What we are to iudge of this Proposition is fully declared in the former part of this Treatise But to speake yet more plainly vpon the present occasion I can but wonder with what face the Papistes dare frame such a Proposition as is directly contrary vnto the doctrine and practise of their Church Why for shame rebuke they that in others which they allow in themselues Wherefore do they dayly compell infinite numbers with extreame violence to recant and foresweare the perswasion of their faith The Papistes would compell but not be compelled to Religion Or can they yeeld any reason that they may compell others but none must compell them Their inquiring their burning their murdering of thousands without any respect of innocent guiltie learned vnlearned olde yong men women is indeede very lamentable This kinde of compulsion The Popish Compulsion whereby their Prelates make it their occupation to persecute to death all sorts ages and sexes which refuse their schoole trickes and diuellâ—sh Decretals we detest with our hart and disswade with our tongue affirming that they ought rather with mildenesse patience seeke to recouer such as they thinke lost Yet in Christian Kings and Princes How Christian Princes may compell who beare the Sword as the Apostle saith not in vain are Gods Lieutenants not onely to procure peace betweene men but also by lawes to maintaine Religion towards God we doe not dispraise moderate correction when neede so requireth who with conuenient sharpnesse of positiue Lawes ought to amerce banish and diuersely punish Heretiques Which Christian iustice tempered with equitie exercised by his most excellent Maiestie neither can their friends deny to be charitable nor themselues gainesay to be sutable to that coaction which the Scriptures commend in Iosiah and other godly Kings which the vertuous Emperours followed in the Primitiue Church and which the ancient Fathers vpon deepe Consideration found allowed by God himselfe as the chiefe point which he requireth at the hands of Christian Princes True it is that Religion vseth rather to perswade then to compell that GOD did rather shew then exact the true knowledge of himselfe and that true Bishops and Pastours ought rather teach then torment their flocke Yet are the obstinate and stubborne refractaries Papistes may be compelled to abandon their Heresie who refuse instruction to be compelled by the Magistrates for dread of punishment tempered with good instruction to forsake their heresies and forbeare their Idolatries wherewith Christ is dishonoured and his trueth defaced Otherwise questionlesse the Lord will enter into iudgement with his Deputies and Vicegerents and exact a strict accompt for his name blasphemed his Sonne refused his trueth scorned his Sacraments prophaned his word exiled and then what answere must be made for the ruine and shipwrake of faith the haruest of sinne and
King when he came in person leauing b their houses and Countrey at his Maiesties deuotion England is much more diuided into sects especially into three the Protestants only allowed by authoritie in the Realme the Papists who pretend antiquitie and thirdly our selues who no lesse desire to reforme the Protestant abuses then they haue done the Papists The state of his Maiesties Dominions standing thus then as you see what 17 The Libeller thinkes none wise but himselfe wise man can wish him to sturre much against any For what man may iustly repine if he but onely abstaine from violence We may very well content our selues that our King is of our faith and will not suffer vs and our doctrine to be either disgrace or defaced and a temperate course with the Papistes may winne them to be as ready as others to withstande all forreine inuasions or 18 Who are likely to make insurrections at home but Papistes home insurrections if either of both vnder what pretext soeuer should happen And in like case as was our Portugall voyage or vpon any reuolt of the Indians or tumult in Fraunce ten thousand Papistes would doe mere seruice in winning to them the inhabitantes of those parts being as they are affected in Religion then 19 Who euer knew a more impudent lying Libeller thrice tolde so many of a vs. Fol. 20 Thus may you see what wildnesse will doe and how lately Repentance may follow the 20 Hence may be gathered that the Libeller is well striken in yeeres greene and vnripe heads of Roboams young vnaduised and violent councellors The Libellers instance in the Elector Trucces Archbishop of Colen The Elector Trucces Archbishop of Colen neuer attempted any thing by armes or violence within his iurisdiction But as soone as the Pope vnderstood that he fauoured Religion he vniustly depriued him of his honour and dignitie and consecrated the ambicious Bishop of Leodium in his place In the Archduke of Stiria In Stiria the Archduke by the instigation of the Spanish Queene his Sister and the pernicious Councels of the Iesuites expelled true Religion from his dominions where it had taken deepe roote before to the iust hazard of his Dukedome which now lieth sore bleeding So also is all Hungarie at this instant like to be rent from the Empire and vtterly lost vpon the same reason and iudgement Oh Lord What meane these men to plucke vp the sweete flowers and leaue the stincking weedes To cut off the fruitfull branches and let those that be rotten and withered alone to burne the corne and spare the stubble Why put they Noah into the Arke and drowne themselues whose being amongst them kept them from the deluge Wherefore do they thrust Lot out of Sodom that kept the citie from burning and oppresse Moses who should wrestle with Gods anger and keepe it from them Charles the 5. As for Charles the 5. his granting of toleration why should not the Germanes submitting themselues vnto the Emperour at his Election but vpon condition enioy the same liberties and securities of their publique State as their Fathers did before them Poland and Dantzike The same thing also may be said of Poland c. But the case is otherwise in Great Britaine which is an absolute Monarchie Touching Zuitzerland Heluetia it is no newes to see many lawes vnder many Lordes the Cantons or Cities of Heluetia haue regall iurisdiction within their seuerall precincts and liberties not one of them admit mixture of Religion Some of them as Zurich Basil Bearne Schaffouse Glaris and Appensel haue embraced the doctrine of the Gospell the rest Fribourge Lucerne Vri Swits Zug Vnderuard and Soullerre persisting still in ignorance retaine the Popish Heresie in the same fashion as they were wont And for the Low-Countreies Flaunders What reason is there that the King of Spaine should alter their State euert their ancient Lawes disanull their liberties and priuiledges his style declaring him to be not King but Earle of Flanders His purpose was to haue established a martiall Gouernement amongst them as being very commodious vnto him that in time he might easily as occasion should be offered haue made himselfe Commander of England of France and at length absolute Monarch of all Europe But the Netherlanders being very wealthy and inhabiting townes strong and defensible by fortification both of nature and industrious art could not endure his tyrannie And indeed the Spaniard being admitted a Protectour if he will needes become an oppressour wherefore should not they defend the freedome of their Countrey especially their priuiledges being of such nature as they do iustly esteeme themselues but Conditionall-Subiects to the King of Spaine and their Countrie being neuer an absolute Monarchie Queene Elizabeth supporting of the Hollanders Now because the Libeller maliciously glanceth at the late Queene for supporting and protecting the Netherlanders I answer That her Maiesties proceedings in that action were so iust so Christian and mingled with so many honourable reguardes as nothing doth so much acquite her Maiestie not onely from passion but also from all dishonourable policie For first at the beginning of those troubles she imparted vnto the King of Spaine sincere aduise not to hold a heauie hand ouer that people which he reiected and contemned Her Maiestie neuerthelesse gaue not ouer her honourable resolution which was if it were possible to reduce and reconcile those countreies vnto the obedience of the King of Spaine if not yet to preserue them from alienating themselues to a forraine Lord and so continued to mediate vnto the King for some iust and honourable Capitulations of grace and accord Which course she held vntill the death of the Duke of Aniowe at which time the enemie pressing them the vnited Prouinces were receiued into her Maiesties protection which was after the king of Spaine had discouered himselfe an vnplacable Lord to them and also a professed enemie vnto her Maiestie hauing alreadie actually inuaded Ireland and designed also the inuasion and conquest of England Her Maiestie notwithstanding still retained an euident proofe to the world of her iustice and moderation in that she refused the inheritance and soueraigntie of those Prouinces which by the States with much instance was pressed vpon her I will adde yet an example in the Monarchie of the 1 A fit President for Papistes to follow but not for Christian Princes professing the Gospell Turke who gouerning himselfe only by the light of naturall reason as we may doe when it is without preiudice to the gospell set doune as a Maxime in policie to clime the better to that greatnes whereto he aspired not to force the conscience of his subiects nor euer to change with violence the Religion in such kingdomes as he might happily subdue Whereupon some haue more easily yeelded vnto his conquest and 2 Who be they that we may know them others oppressed by theire owne Princes and perturbed with ciuill warres
be Counsellors Iudges Aduocats c. Cod. Iust. lib. 1. tit 5. l. Credentes Neither could they be Plaintiffes in any cause but onely Deffendants This Punishment being the easiest of all 4. is to be inflicted vpon such offenders as refuse instruction when it is gratiously and gently offered them or that neglect the sincere worship of God and will not be admonished refraine from publique exercises and assemblies c. II. Pecuniarie Mulct II Pecuniarie Mulct or Confiscation of goodes is that when the offendor is either deeply amerced or els when by open Publication his goodes are confiscated and soulde Hereunto belongeth disarming disinheriting incapabilitie of receiuing any legacies or other giftes of bargaining c. All which were executed by the ancient Emperours against Heretiques A Bishop or Cleargie-man that was an Heretique was to pay tenne pound-waight in golde or to be banished Cod. Iust. lib. 1. tit 5. de Haeret. Constantine saieth Augustine was the first that ordayned that Heretiques goods should be confiscate and solde August Epist. 48. and also that the places of their meetings and conuenticles should be sold August Epist. 168. Also he made them incapable of enioying legacies or any thing that was bestowed vpon them Aug. lib. 1. contr Parm. cap. 7. Contr. Petil. lib. 2. cap. 92. If it be obiected It is vnlawfull to take sale-money for conscience contrary vnto the word of God The taking of a pecuniarie Mulct lawfull I answer It is true But this penaltie or mulct cannot be termed Sale-money for conscience Because the Magistrate therby respecteth not his owne gain but 1 The amendement of the offender 2 his weakening and disabling in case of obstinacie 3 The deterring of others from offending in such manner c. If any Prince interdict his Subiects to kill Partridges or Phesants to hunt in certaine places to eate flesh vpon certaine dayes vnder the penaltie of such or such a mulct who will saie that the Princes intention is to gaine by such offences and not rather that he aymeth at order and laboureth to correct the offendours by that penaltie of a pecuniarie mulct Neither can any man affirme that such a Mulct is contrary vnto the word of God as well for that it is directly confirmed by this place of Ezra as also for that for the same cause no Magistrate could with a good Conscience take any mulct or forfeite for any offence whatsoeuer because it would be deemed he tooke Sale-money to commit such and such disorders or offenses which is absurde Such as cannot be reclaymed by Imprisonment must be wonne by this seuere mulct or confiscation of goodes III. Banishment III Banishment or Exile is when a man is compelled to forgoe his Countrey for his Offence And this among the Romanes was 3. fold Interdiction Relegation and Deportation but we shall not need at this time to discourse hereof It was ordinary with the first Christian Emperours to bridle Heretiques with this kind of punishment So Constantine the Great banished Arius and his followers Theodosius Iunior Nestorius Valentinianus and Theodosius the Manicheis and Donatistes And when it was expected that Augustine by reason of the mildnesse and goodnesse of his nature should mediate for some part of these penalties to be released he gaue this quicke and stout Answer Augustine allowed and commended those penalties Ha ha what els I should gainsay this Constitution That you loose not the things which you call yours and you without feare spoile Christ of his That the Roman Lawes should permit you to make your last willes and you with cauilling reuerse that which God bequeathed our fathers That in buying and selling your contracts might be good and you share that among you which Christ bought when he was sold That you might freely giue what you list and what the GOD of Gods hath bestowed on his owne Children frō East to West should be void That you should not be banished from the place where your bodies rest and you driue Christ from the kingdome purchased with his bloud to reach from sea to sea No no Let Princes on Gods name serue Christ in making lawes for Christ With this punishment must stubborne and obstinate but not relapsed Seducers or Heretiques be punished Whom the Magistrate may brand with some indelible marke the better to know them if euer they presume to returne againe without leaue IV. Death IV Death is the last punishment that is to be inflicted vpon the Offendour by the Christian Magistrate Examples of this kind of punishment are obuious euery where in the Old and New Testament executed vpon Heretiques and Idolaters Seducers or Seduced aswell vpon the one as vpon the other The Sonnes of Leui consecrated their hands vnto God that is did a good and acceptable worke in putting to death almost 3000 men of them that worshipped the golden Calfe Exod. 32.27 Asa made a decree that whosoeuer would not seeke Iehouah the God of Israel should be slaine 2. Chron. 15.13 Iehu declare his zeale towards God in killing all the Priests of Baal 2. King 10.24 Iosias killed the Priests of the high places vpon the altars 2. King 23.20 Nabuchadnezzar decreed that whosoeuer blasphemed the God of Shadrach Meshach and Abednago should be hewed in pieces Dan. 3.29 Elias killed 850 Priests of Baal 1. King 18.40 In the New Testament Peter stroake Ananias and Saphira for their hypocrisie and close sacriledge with sudden death Act. 5.5.10 Paul stroke Elymas the Sorcerer with blindnesse because he would haue seduced the Proconsul from the faith Act. 13.8.10 In the Primitiue Church Constantine Theodosius Grarian and Valentinian decreed that the punishment of Idolatrie should be death Cod. Iust. lib. 1. tit 1. l. Placuit l. Ne quis Arcadius and Honorius punished the Manichaeis and Donatistes with death Cod. Iust. lib. 1. tit 5. l. Manichaeos Iustinus about the yeere of Christ 526. caused all the Manichaeis in Persia to be slaine because they had peruerted the Kings Sonne Theodosius Iunior would haue none spared that were deprehended by any meanes to seduce others or to infect any man with pestiferous doctrine Cod. Theodos l. 46. Nouell Theodos de Iud. Haeret. Pag. This punishment of Death is to be inflicted vpon all obstinate wilfull and relapsed Seducers or Heretiques Vpon such as maintaine their pernicious opinions either of meere perfidiousnesse enuie and malice for the repulse of some dignitie or Bishopricke as Nicephorus speaketh of Tertullian after he relapsed to Montanisme of Florinus Blast us and Arius Niceph. Ecclesiast lib. 4. cap. 7.12.20.30 lib. 8. cap. 5. Or of confidence that they haue in their owne wit learning and eloquence as Tatianus Valentinus Marcion Saturninus and Nouatus did Niceph. lib. 4. cap. 4. lib. 6. cap. 3. Or of ambition and affectation of primacie as Montanus did Niceph. lib 4. cap. 22. These men that are thus instructed with courage boldnesse hypocrisie learning eloquence do not onely destroy themselues