Princes to give their Judges power only to enquire of and punish offences against their Subjects but not at all to enquire after or punish Treasons Conspiracies and Rebellions against their own Persons Crowns Kingdoms and shall wee deem the most wise and just God guilty of such a Solecism Doubtless as God himself under the Old Testament commanded Idolaters Blasphemers Seducing Prophets and Achan himself to be stoned to death by all Israel and after that burnt with fire for breaking his covenant and medling with the accursed thing and thereby troubling and bringing Gods wrath upon all Israel so as they fled and fell before the men of Ai Josh 7. 25. 27. So by the like reason justice equity commands Christian Princes Magistrates and people under the Gospell to punish obstinate Heretickes Idolaters Blasphemers False Teachers and pernicious Schismaticks who dishonor his name despite his Spirit subvert his Truth corrupt seduce and destroy others trouble the States and Churches wherein they live and bring Gods wrath upon them with like capital punishments when milder remedies wil not prevail and these recited Texts wil be a sufficient Commission to justifie such their proceedings as all the subsequent Authors as wel ancient as modern Protestants as Papists assert My seventh Argument shal be from our Saviors own words Math. 12. 3â— 32. Whosoever speaketh a word against the son of man it shal be forgiven him but whosoever speaketh against the Holy Ghost and the BLASPHEMY against the Holy Ghost SHAL NOT BE FORGIVEN IN THIS WORLD nor in the World to come I have formerly proved from Levit. 24. 10. to 17. and other Texts That Blasphemy was to be punished with death by the Civil Powers under the Law Our Savior by this Expression Shall not be forgiven in this World which cannot be thought superfluous implies if not asserts That Blasphemy against the Holy Ghost should be thus punished by Christian Magistrates under the Gospel even in this world whence some conceive S. John in his first Epistle c. 5. v. 16. phraseth it in this respect among others A sin VNTO DEATH that is a sin to be punished with temporal as wel as eternal death And that our Saviors words Shal not be forgiven him neither in this world c. imply that the Christian Magistrates must not pardon such Blasphemy but punish it with death in this world as is clear by the next words Neither in the world to come So as the plain sense of these words is That Blasphemy and speaking of words against the Holy Ghost shall not bee forgiven by the Magistrates nor Ministers but punished by temporal death and delivery over to Satan the case of Hymenaeus and Alexander in part in this world nor yet pardoned by God but punished by him with eternall death in the world to come Which being the soundest Exposition of these Words in learned mens opinions which no ways prove a Popish Purgatory as the Papists dream will sufficiently warrant the punishment of such Blasphemy by the Christian Magistrate even with death under the Gospel as wel as under the Law My eighth Argument is drawne from Hebrewes 10. 26. to 31. For if wee sinne wilfully after wee have received the knowledge of the Truth there remaineth no more sacrifice for sinne but a certaine fearefull looking for of Judgement and fiery Indignation which shall devoure the Adversary Hee that despised Moses Law DYED WITHOUT MERCY under two or three witnesses and that in case of Idolatry Apostacy and Blasphemy to which this Text relates Deutronomy 13. Verse 6 7 8 9. Chap. 17. 8 9 10. Leviticus 24. Verse 10. to 17. OF HOW MVCH SORER PVNISHMENT suppose yee SHALL HE BE THOVGHT WORTHY Who hath TRODEN VNDER FOOT the Sonne of God and hath counted the blood of the Covenant where with he was sanctified an unholy thing and hath done despite unto the Spirit of Grace For we know him that hath said Vengeance is mine I wil recompence saith the Lord And again The Lord wil judge his people It is a fearful thing to fall into the hands of the living God From this text as likewise from Heb. 2. 1 2. and cap. 6. 1. to 9. which are in some sort paralelled with it it is most apparent First that the sins of Apostacy Blasphemy Heresy contempt of Christ and his blood and despiting of his Spirit by Christians are far more heinous great and more unpardonable under the Gospel then they were under the Law Secondly that they are worthy of much sorer punishment under the Gospel then under the Law Wherefore since those who were guilty of them and despised Moses Law dyed without mercy by the hand of the Magistrate and people under two or three witnesses under the Law those who are guilty of them under the Gospel deserving much sorer punishment may likewise be put to death by the Christian Magistrate without mercy and punished with more severe temporal punishments then any were under the Law because their sin is more hainous and deserves much sorer punishment as the text expresly resolves which I wish our Opposites and all Christian States Magistrates would seriously consider who deem the times of the Gospel times of greater indulgence connivance and mercy towards such capital Transgressors then the times of the Law Thirdly that if Magistrates and others neglect or refuse to punish such enormious Transgressors under the Gospel God himself wil take vengeance on judge and recompence them and they shal fall into the hands of the living God which is a more fearful thing then to fall into the hand of men Now if any should hence infer as our Opposites do that such must be left wholy to the hands judgement and vengeance of God himself who reserves such for his own Tribunal and hath exempted them from the inferior Magistrates Jurisdiction by this text I answer that the text wil warrant no such inference For first it is but a bare recital of Gods own Words in the Old Testament Deut. 32. 35. 39 40 41 42 43. Now in the Old Testament the vengeance punishment inflicted by God himself upon Apostates Idolaters as on the Israelites Midianites Canaanites and others did not exclude but include the Temporal Magistrates Censures and the use of secondary Instruments as is most apparent by Exod. 32. 26. to the end Where Moses SLEW about three thousand men for worshipping the Golden calf and yet God plagued the people for the same sinn too and Numb 25. 3. to 16. Where Moses for the sin of Peor hanged up the heads of the people before the Lord against the Sun the Judges of Israel slew every one his men that were joyned unto Baal Peor and Phineas slew Zimri and Cozbi with a Javelin and yet God himself at the same time slew twenty four thousand more of the people with the Plague for the same sin And by Josh chap. 9. to 13. and Acts 13. 19. Where God himself useth the Israelites to destroy his
shal be ashamed of his vision and no more wear a rough garment to deceive but give over his false Teaching So that the Magistrates and others severe proceedings by corporal and capital censures against Idolaters and False Prophets is a principal means predicted and ordained by God even under the Gospel to extirpate Idolatry Heresie Errours False Prophets and reclaim such as have been seduced by them I wonder therefore how any man who pretends himself a Chistian a SAINT much more a transcendent NEW LIGHT should dare publikely oppose or privately deny the exercise of such corporall and capitall censures against Hereticks Fals-Teachers Blasphemers c. by Christian Princes and Magistrates under the Gospel which this prophesie so plainly both allows and prescribes upon meer whimâ—icall crotchets of their own warranted by no text We read Josh 1. 18. That the officers of the people with the Reubenites Gadites and half tribe of Manasseh spake thus to Joshua when God had appointed him to succeed Moses in the Government Whosoever he be that doth rebel against thy Commandment and will not hearken unto thy words to do all that thou commandest him HE SHAL BE PVT TO DEATH If he who thus wilfully rebelled against the command of Joshua was to be put to death by the verdict of all the people much more then may such Idolaters Hereticks Apostates Blasphemers and obstinate Schiâ—maticks be put to death who rebell so publickly against the Command and Word of God himself by warrant of all the forecited Texts But some perchance wil object that these Arguments are all drawn from texts in the Old Testament to satisfie them I answer that all the Texts forecited are stil in force under and some of them relate only to the times of the New and so the objection is but frivilous yea exceeding derogatory to the Old Testament of which it seems they make no more account then of an old Almanack out of date Therefore to take away this cavil formerly Answered I shal propound this fifth Argument Apostacy Idolatry Heresie Blasphemy obstinate Schism False Teachers together with false Prophets who are guilty of them are as odious unto God as execrable to all godly Christians as infectious dangerous destructive to peoples souls as apt to provoke Gods wrath and bring down his severe judgements upon whole Churches Nations Kingdoms where they are tolerated perpetrated and are as carefully to be suppressed prevented under the Gospel as they were under the Law Yea Christian Princes Magistrates Republicks power under the Gospel is the same or as large as the authority of godly Kings and Magistrates under the Law Therefore consequently they are to be as severely punished with corporal if not capital punishments under the Gospel by Christian Princes Magistrates Republicks as they were by godly Kings and Magistrates under the Law The sequel is clear from its own light for where there is the self same reason there is ever the self-same law and equity both under the Law and Gospel See Mat. 7. 11 12. Luke 6. 30. to 35. Jam. 2. 10 11. as I have formerly proved p. 2. 3. 5. The Antecedent is undeniable First because the Gospel doth no ways mitigate but rather aggravate the hainousnes of these sins as being committed against greater light and mercy therefore certainly they are as odious as provoking unto God as execrable damnable destructive unto men as pernicious unto whole Churches Nations Kingdomes now as then and in some sence more now then formerly under the Law as is clear by Rom. 1. 18. to the end 1 Cor. 6. 9 10. cap. 10. 7. 9. 11. Gal. 5. 19 20 21. Eph. 5. 5 6. 2 Cor. 6. 14 15 16 17 18. Heb. 2. 2 3. cap. 6. 4. to 9. cap. 10. 26 27 28 29. 2 Pet. 2. 1 2. 12 13. 17. Rom. 2. 10. to 28. Rev. 2. 14 15. 21 22. cap. 17. 16. c. 18. 4. c. 19. 20. compared together Secondly because that Hereticks False Prophets Teachers Schismaticks Seducers are as diligently to be avoyded suppressed under the Gospel as Law they being alike nay more infectious dangerous seducing and pernicious to mens souls now then under the Law as is apparent by all these serious admonitions to beware of them and their seducements which deceive the greatest part of the world and if possible would seduce the very Elect as you may read at leisure in these ensuing texts Mat. 7. 15. cap. 11. 14. cap. 24. 11. 23 24 25. Mar. 13. 21. Luke 17. 23 24. Rom. 16. 17 18. Acts 20. 28. to 32. 2 Thes 2. 3. to 16. EPH. 6. 13. to 19. PHIL. 3. 2. COL 3. 18 19. 1 TIM 4. 1. to 7. 2 TIM 2. 15. 16 17. c. 3. 1. to 10. TIT. 1. 9. to the end HER. 4. 1. 1 PET. 5. 2. 8. 2. COR. 11. 13 14 15. 2 PET. 2. 1. to 22. c. 3. 2 3. 17 18. 1 JOH 2. 18 19. c. 4. 1 2 3. 2 JOH 8. to 12. 3 JOH 10. 11. JUDE 3. to 24. REV. 13. 1. to 18. c. 16. 13 14. c. 17. throughout cap. 18. 9. to 24. c. 19. 20. c. 20. 8. 9. 10. 1 COR. 11. 19. TIT. 3. 10 11. These notable Texts so frequently so earnestly admonishing us to beware of Antichrists Hereticks False Teachers Wolves in sheeps clothing as also forewarning us of their extraordinary diligence power cunning stratagems to deceive and seduce men to their damnable Errors of the multitudes of men they shal seduce and of the extraordinary perilousnesse of the last times under the Gospel when many more erroneous spirits and seducing Hereticks transforming themselves into the Angels of light should arise and spring up every where then did in all former ages under the Law where we read of no such variety of Heresies Blasphemies Errors and dangerous Schisms as have sprouted up and over-spread the whole world under the Gospel is an unanswerable Argument to satisfie all mens consciences who have any care of their own or others souls that not only all godly Ministers and Christians by instruction and admonition but all Christians Princes Magistrates States by severe Laws yea corporal and capital Censures where need is should more diligently suppresse and cut off Heresie Hereticks False Teachers Blasphemers obstinate Schismaticks and Apostates under the Gospel then ever godly Magistrates Princes People did under the Law when these were not so dangerous so numerous so contagious and pernicious as now For as God in the Old Testament is most copious in admonishing men to beware of Idolatry and such False Prophets and Idolaters who would seduce them to worship Idol-gods which then abounded and as godly Princes Magistrates were then most diligent in punishing Idolaters and seducers even with death according to Gods Law which frequently enjoyns them to punish such with death because the sin of Idolatry which then over-spread the heathen world was at that time most common most dangerous and that to which Gods own people most frequently revolted by reason
Apostales may and ought to be put to death and he cites Beza Junius Becanus Zanchius Perkins Danaeus Bullinger and the Professors of Leydon to be of this opinion That ringleading and seducing Hereticks are to be punished to death with many Popish Authors who are of the self same judgment Master Edwards in his Anti-Pologia and Gangraenaes asserts the like with our London Essex and Suffolk Ministers in their Petitions to both Houses for the punishing and suppressing of Heresies Schismes Blasphemies The Independents in New-England it selfe as Master Cotton Master Hooker and others are of the same judgment and de facto banished Master Williams Mistris Hutchinson and other Hereticks and Schismaticks out of their Plantation In few words John Goodwin himselfe in a Book intituled M. S. to A. S. p. â—0 Master Henry Burton in his Vindication of the Churches commonly called Independent p. 70. and Master Jeremy Burroughs of Heart-Divisions p. 20 21. three grand Independents conclude against Master Dell That the Magistrate may fight with and punish Superstition Heresie Schisme as well as with corruption of manners where there is no danger of fighting against God And Mastor Burroughs from Zech. 13. 3. grants That in the times of the Gospel of which this Text is a Prophesie all erronious or idolatrous Prophets or Teachers should be brought before the civill Magistrate to receive condigne punishment even to the taking away of life in some cases Finally even the very Ringleaders of the Anabaptists themselves who to propagate their owne errors without restraint first cryed doâ—me the Magistrates coercive power in matters of Faith asserting That they ought not by their Lawes and Edicts to compell men to come to the publick meetings or punish any man with corpopall or capitall punishments for any error or heresie and at last denied Magistracy it selfe Did afterwards when they got the power into their owne hands not onely make and proclaime themselves Magistrates and Kings exercising more barbarous bloody tyrannies then the worst of Tyrants ever did but professedly asserted and maintained That all those who would not be Re-baptized and embrace their fanatick opinions were to be slaine and put to death as wicked men and Infidels and their Lands and Goods to be confiscated to themselves the onely Saints and accordingly they murdered and put to death many of their owne Members and thousands of others in Suaben Munster and other parts of Germany violently seizing on their Lands Castles Houses Goods till they were themselves suppressed and dissipated by the sword and above an hundred thousand of them slaine and executed in sundry places of Germany as the Marginall Authors record at large Therefore their own pactice Doctrine subverts this their pretended Anti-Magistraticall position It did so heretofore in Germany and dotâ— so already even in New and Old England where they have any power and I pray God we feel not as sad effects and symptomes hereof ere long at home as ever they did in Germany All these Authorities will I hope overballance Master Dels opinion and mis-quotations to the contrary Having fully answered and totally routed all Master Dels forces against the coercive power of the civill Christian Magistrate in case of Heresie Schisme Blasphemy I shall next fall upon a few Reserves of some of his Saints in the Army and of their Champion Master John Goodwin which I shall quickly scatter and then conclude The twelfth Objection made by some Sectaries in the Army against the Magistates punishment of Blasphemy is thus expressed in a Letter written by a godly Minister June 3. 1646. who was then in the Army They would not have the old Military orders set forth by the Earle of Essex observed That BLASPEMERS should be boared through the Tongue The argument that they urged was That sinnes which are directly against God should be punished by God Upon which ground they hold that Heresie Atheisme c. should not be punished by the Magistrate because they are sinnes directly against God c. To this I shall answer first that if this ground were true then God the Fountaine of Justice being as able to punish sinnes directly against himselfe as well under the Law as Gospel would not have in positive tearmes commanded such who were guilty of open Blasphemy and Idolatry being sinnes directly against him to be stoned and put to death without any mercy as I have proved he did and those godly Magistrates and Princes wsto punished Idolaters with death under the Law had been Murderers and Delinquents This argument therefore which taxeth God himselfe and his precepts of direct injustice under the Law must be rejected by the Objectors as blasphemous or else they must make it appeare by Scripture that though these sinnes under the Law were by Gods owne command to be punished with death by the civill Magistrate and people yet now under the Gospel he hath resumed the power of punishing them onely to himselfe and deprived Christian Magistrates of it which they can never doe Secondly By this reason Magistrates must not punish direct Atheists openly professing there is no God nor such Hereticks who deny the Trinity or the Deity of Christ and the holy Ghost nor such as deny there is any Heaven or Hell since these sinne directly against God himselfe O the piety of Master Dels anointed faithfull Saints is this their zeale their piety their sanctity Thirdly they must by this reason punish no sinne at all no not Rebellion Murder Treason Sorcery Adultery for these sinnes are directly committed against God who prohibits and whose prohibition makes them sinnes but sinnes onely indirectly against men as they are Gods creatures and beare his image Fourthly if this paradox be true then by the self same reason God himselfe is not to punish any sinne committed imediatly against men as Murder Adultery c. nor may God nor man punish sinnes committed by beastly men with Beasts because not directly committed against God or man in the Objectors sense and then what becomes of the truth of Heb. 13. 4. Revel 21. 8. cap. 22. 15. Whoremongers and Adulterers God will judge and they shall have their Portion in the Lake which burneth with fire and Erimstone And of Levit. 18. 23. cap. 20. 15 16. If a man lye with a Beast he shall be surely put to death and he shall slay the Beast And if a woman approach unto any Beast and lye downe thereto thou shalt kill the woman and the Beast they shall surely be put to death their blood shall be upon them Fiftly the Magistrates are but Gods Ministers Avengers Deputies to execute wrath upon all evill doers whence in Scripture they are called Gods said to sit on Gods Throne and to judge for the Lord Therefore certainly they may and ought to punish all sins directly acted against God whose Deputies they are rather and more severely then any other as Judges and Kings
Anabaptists do deny Secondly because Christian Kings and Magistrates under the Gospel have the self-same authority as godly Kings and Magistrates had under the Law even as Parents Masters Husbands naturall Magistrates have the self-same authority over their Children Servants Wives under the Gospel as they had under the Law ROM 13. 1. to 6. TIT. 3. 1. 1 PET. 2. 13 14 15. c. 4. 15. compared with EPH. 6. 1. to 8. c. 5. 21 22. COL 3. 18. to 25. 1 TIM 6. 1 2. 1 PET. 3. 11. 12. 13. c. 2. 18. there being no one text in the New Testament which restrains either Kings or Magistrates power given them by God in the Old Thirdly because the ends and uses for which Magistrates were instituted are the same under the New Testament and Old ROM 13. 1. to 6. 1 TIM 2. 1 2 3. 1 PET. 2. 13. 14. c. 4. 15. ISA 1. 49. 23. therefore their power and rule the same Fourthly because the precepts given to Magistrates under the Law for punishing Idolaters Apostates False Prophets Hereticks and Blasphemers are not Ceremonial or Judicial but moral and perpetual and so of equal obligation under the Law and Gospel as wel as the Decalogue and Moral Law of God Fifthly because godly Kings and Christian Magistrates ought to be as zealous for God and his truth if not more zealous under the Gospel as they were under the Law REV. 3. 19. c. 2. 14 15 16. 20. 23. compared with NUM â— 15. 11 13. 2 KING 10. 16. c. The Minor I shal ratifie by this particular Induction First for Idolatry Idolaters Apostates False Prophets and Seducers of men from the true God and Religion to Idols and Idolatry we have these expresse precepts warranting if not commanding the civil Magistrate to inflict corporal and capital punishments on them â— Levit. 20. 2. to 6. Whosoever of the children of Israel or of the strangers that sojourn in Israel that giveth any of his seed to Molech that is sacrificeth any of his children or maketh them passe through the fire to that Idol LEVIT 18. 21. 2 KING 21. 10. He shal SVRELY BE PVT TO DEATH the people of the Land shal stone him with stones and I wil set my face against that man and wil cut him off from among his people because he hath given of his seed to Molech to defile my sanctuary and to prophane my holy Name And if the people of the Land do any way hide their eyes when he giveth his seed unto Molech and kil him not then I wil set my face against that man and against his family and wil cut him off and all that go a whoring after him to commit whâ—rdâ—me with Molech from among their people From which text we may observe these particulars First that not only such stranger Idolaters who constantly worshipped Idols and never adored the true God were to be put to death by the Israelites but even such of the Israelites themselves and of the sojourners among them who turned Idolaters and sacrificed unto Molech to whom they offered their children were to be surely put to death and stoned with stones by the people without m r y being first convicted and condemned by the Magistrate Secondly that the Magistrates and peoples hiding of their eyes and sparing such as these contrary to this precept was a grievous sin Thirdly that where the Magistrates and people winked at such an Idolater and hid their eyes from him God himself in their default would set his face against him and cut him off from among his people and not only so but would set his face against his family and cut off all them that went a whoring after him from among his people whereas if the Magistrate had punished him his family had not been thus cut of by God Fourthly that it is not sufficient to leave Idolaters Hereticks and Blasphemers to Gods own vengeance and execution who wil certainly cut them and their families off if they repent not but themselves must likewise cut them off as God commands before God proceeds to do it they being his Ministers and Executioners appointed for this end who must not put off the Execution of such to God the supream Judge no more then the Hangâ—â— man amongst us may transfer the Execution of a Felon or Traytor to the Judge who condemns them which answers and refutes one main objection of our opposites that we must leave Idolaters Hereticks and False Teachers unto Gods Judgement and Execution if we cannot convert them by the Word and let such tares to grow til the harvest amongst the Corn. Secondly Deut. 13. 1. If there arise among you a Prophet or a Dreamer of dreams and giveth thee a signor a wonder and the sign or the wonder come to pass whereof he spake unto thee saying let us go after other gods which thou hast not known and let us serve them Thou shalt not hearken unto the words of that Prophet or that Dreamer of dreams for the Lord your God proveth you to know whether you love the Lord your God with all your heart and with all your soul yee shal walk after the Lord your God and fear him and keep his Commandments and obey his voyce and you shal serve him and cleave unto him And that prophet or that dreamer of dreams shal be put to death because he hath spoken to turn you away from the Lord your God which brought you out of the Land of Egypt and redeemed you out of the house of bondage to thrust thee out of the way which the Lord thy God commanded thee to walk in so shalt thou put the evil away from the midst of thee If thy brother the son of thy mother or thy son or thy daughter or the wife of thy bosome or thy friend which is as thine own soul entice thee secretly saying let us go and serve other gods which thou hast not known thou nor thy fathers namely of the gods of the people which are round about you or nigh unto thee or far off from thee from one end of the earth even unto the other end of the earth Thou shalt not consent unto him nor hearken unto him neither shal thine eye pity him neither shalt thou spare neither shalt thou conceal him But thou shalt surely kil him thine hand shal be first upon him to put him to death and afterwards the hands of all the people And thou shalt stone him with stones that he dye because he hath sought to thrust thee away from the Lord thy God which brought thee out of the Land of Egypt out of the house of bondage And all Israel shal hear and fear and shal do no more any such wickednesse as this is among you If thou shalt hear say in one of thy Cities which the Lord thy God hath given thee to dwel there saying Certain men the children of Belial are gone out from among you and have withdrawn the Inhabitants
of their City saying Let us go and serve other gods which we have not known Then shalt thou inquire and make search and ask diligently And behold if it be truth and the thing certain that such abomination is wrought amongst you Thou shalt surely smite the Inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the cattle thereof with the edge of the sword And thou shalt gather all the spoil of it into the midst of the street thereof and shalt burn with fire the City and all the spoil thereof every whit for the Lord thy God and it shal bee an heap for ever it shal not be built again And there shal cleave nought of the cursed thing to thine hand that the Lord may turn from the fiercenesse of his anger and shew thee mercy and have compassion upon thee and multiply thee as he hath sworn unto thy fathers When thou shalt hearken to the voâ—c of the Lord thy God to keep all his Commandments which I command thee this day to do that which is right in the eyes of the Lord thy God Which is thus seconded Deut. 17. 2. to 8. If there be found among you within any of thy gates which the Lord thy God giveth thee man or woman that hath wrought wickednesse in the sight of the Lord thy God in transgressing his Covenant and hath gone and served other gods and worshipped them either the Sun or the Moon or any of the host of heaven which I have not commanded And it be told thee and thou hast heard of it and enquired diligently and behold it be true and the thing certain that such abomination is wrought in Israel Then shalt thou bring forth that man or that woman which have committed that wicked thing unto thy gates even that man or that woman and shalt stone them with stones til they dye At the mouth of two witnesses shal â—e that is worthy of death be put to death but at the mouth of one witnesse he shal not be put to death The hands of the witnesses shal be first upon him to put him to death and afterwards the hands of all the people so thou shalt put the evil away from among you From which two Texts I shal deduce these undeniable Conclusions First That false Prophets and Dreamers of dreams may arise among Gods own people and do signs wonders and predict things which may come to pass which is more I suppose then any of our pretended New-Lights Dreamers or false Prophets now can do Secondly That the end of such Dreamers and false Prophets is but to draw people to go after other gods which they have not formerly known and to serve them or to worship the true God in an undue newfangled manner Thirdly That God suffers such false Prophets and New seducing Lights to arise among his people of purpose to prove them to know whether they love the Lord their God with all their heart and with all their soul Fourthly That Gods people must not hearken to such false Prophets Dreamers and New-Lights though they do signs and wonders but walk after the Lord their God and fear him and keep his Commandments and obey his voyce and serve and cleave unto him and that those that follow such false Prophets and Dreamers do neither truly love fear serve obey nor cleave to God Fifthly That such false Prophets and Dreamers were by Gods express Command to be PUT TO DEATH by the Magistrate and people though they actually seduced none from God even because they had spoken revolt against the Lord their God to turn them away from him to thrust them out of the way which the Lord their God commanded them to walk in Sixthly That the putting of such to death is so far from being an evil or sin of persecution that it is the only way to put away the evill of Idolatry False-Worship sin plague and punishment from the midst of them ver 5. Seventhly that if not onely such false Prophets and dreamers but even any mans own natural brother son daughter wife nighest bosome and most endeared friend which is as his own soul should entice him secretly to go and serve other gods or the true God in a new and false manner which he and his fathers had not known be it what fals god soever he must neither consent nor hearken to them neither shal his eye pity them neither shal he spare nor conceal them but he SHAL SURELY KIL THEM without mercy and his own hand shal be first upon them to put them to death and afterwards the hands of all the people and they shal stone them with stones that they dye not because they actually seduced him or others but because they sought to thrust him away from the Lord his God If then the nearest and dearest of all others to us must be put to death without mercy in such a case then much more others who are not so neerly related to us Gods glory and our zeal to preserve his sincere Worship must admit of no respect of persons no toleration connivance or compassion in such a case as this Eighthly That exemplary capital punishments upon private or open enticers to Idolatry and False-Worship is a special means appointed by God to preserve and convert others from Idolatry and Apostacy Verse 11. And all Israel shal hear and fear and do no more any such wickedness as this is among you The Sword of Justice wil by Gods own Institution suppress prevent yea reform Idolatry Apostacy False-Worship and Heresie as wel as the Word the Sword of the Spirit and prevails herein many times when the Word it self is ineffectual Ninthly That Magistrates are to make diligent search and inquiry after False-Teachers Apostates Seducers of men to serve new gods embrace new religions and if a whole City be thus seduced and such abomination certainly wrought among them they must surely smite the Inhabitants of that City especially of obstinate and impenitent with the edge of the sword destroying it utterly and all that is therein and the cattel thereof and burn all the spoil and City and every parcel thereof with fire and make it an heap for ever By which it is apparent that not only private Idolaters Apostates Hereticks but even whole Cities Churches and Congregations of them are so far from being tolerated that they ought to be destroyed utterly if they continue obstinate Tenthly That the tolerating of Idolaters Apostates and Hereticks is a means to provoke God to pour out the fierceness of his anger against his own people but the utter exterpation of them without mercy is a special means of divine institution to cauâ—e the Lord to turn from the fiercenesse of his anger to shew them mercy and compassion and multiply them as he hath promised And is so far from being against the Word of God and displeasing to him that it is a keeping of
one grand objection against punishing Hereticks and Blasphemers with death because God himself wil punish them if they repent not and we must wholy leave them to his judgement Fourthly that the best and speedyest course to remove Gods judgements brought upon a Nation for Idolatry Apostacy Heresie or Blasphemy is for the temporal Magistrates to execute speedy and exemplary capital punishments on those who are notoriously guilty of them and that fasting and prayer without such exemplary executions upon the most eminent Malefactors in this kind wil never pacify Gods wrath nor remove his judgements inflicted for these sins Fifthly that the executing of capital punishments upon such is an argument of true zeal to GOD And therefore it seems strange to me that those in this age who pretend themselvs the only Saints Zealots faithful ones paramount all others by head and shouldiers in grace and piety should be so voyd of Christian zeal for God as to plead preach write and print against the corporal and capital Punishment or Apostates Idolaters Hereticks and Blasphemers by temporal Magistrates and for a free Toleration of all Sects Heresies and Religions whatsoever under the pretence of Liberâ—â—y of Conscience Certainly this extream want of holy zeal for God against Apostates Idolaters Hereticks Blasphemers and pleading for their impunity at least with capital Censures argues them to be no real Saints because they have no true love to nor zeal for God which would make them as forward to thrust their Javelins or the sword of Justice through the Bowels of such transcendent offendors as Phineas was to thrust his Javelin through Zimri and Cozbi without any question or dispute Sixthly that the exemplary capital punishing of such is so far from being a persecution of the Saints or against the Clemency of God under the Law or Gospel that it is a most acceptable service to God and procures a special Blessing upon the persons and posterities of those who are most zealous and active in this service as appears by this example of Phineas registred for his eternal honor and our future imitation and encouragement in this kind The third Example is JOSH. 22. 10. to 34. Where we read that when the Children of Ruben Gad and the half Tribe of Manasseh had but built an Altar at the side of Iordan the children of Israel no sooner heard thereof but the whole Congregation of the children of Israel gathered themselves together at Shiloh to go up to war against them to destroy them and the Cities wherein they dwelt as guilty of Idolatry Apostacy and False Worship apprehending the very building of this Altar to be a trespass committed against the God of Israel to turn them away from following the Lord that they might rebel against him and that it would prove like the sin of Peor and bring Gods wrath on the whole Congregation of Israel and not on themselves alone when as in truth they built it only for a memorâ—â—l but not to rebel against turn from the Lord or to be an Altar for burnt oâ—â—â—â—â—gs for meat offrings or for sacrifices like as the Altar of the Lord their God which was before the Tabernacle From which history I collect First that the whole Congregation of Israel when they were most sincere and best affected towards God deemed this supposed guilt of Apostacy Idolatry and Schism in these two Tribes and an half by building this New Altar a just ground of making a publick war against them to destroy both them and their Country for this crime though they were their dear brethren who assisted them to conquer the Land of Canaan by vertue of Gods Command forecited DEUT. 13. 11. to 17. Secondly that the Apostacy Idolatry and obstinate Schism of a few wil draw down Gods Judgements upon a whole Nation and Kingdom in case they tolerate or connive at them and do not speedily cut them off by the sword of Justice Thirdly that in such a case there is no way to prevent Gods wrath on all but to cut off the Malefactors by speedy execution of corporal punishments and death upon them The fourth Example is recorded in the 1 KING 18. 40. c. 19. 1 2. Where Elijah commands all the people after he had convinced them by a miracle from heaven that the Lord was God â—o apprehend the Prophets of Baal and not let one of them escape whereupon they took them and Elijah brought them down to the brook Kishon and SLEW THEM there with the sword upon which â—ezeâ—el threatned to make his life as one of them By this it is apparent First that this holy zealous Prophet and all the people were of opinion That false Prophets and Idolaters ought by the Law of God to be put to death without any mercy and that Gods Judgement of drought then upon the whole Kingdom could not be removed before their execution as the History there manifests Secondly that the execution of those Idolatrous false Prophets was so necessary that rather then they should want capital punishment the Prophet Elijah himself would be their executioner His zeal then should shame our lukewarmnesse now The fifth President is in JUDGES 6.30 Then Ioash said unto all that stood against him Wil ye plead for Baal Wil ye save him he that wil plead for him LET HIM BE PVT TO DEATH whiles it is yet morning Compared with the second of KINGS 10. 18. to 29. Where Iehu by Proclamation having gathered all Baals Priests and worshippers into his temple appointed foursoore men without and said if any of the men whom I have brought into your hands escape he that letteth him go his life shal be for the life of him And he said to the guard to the Captains go in SLAT THEM let none come forth and they smote them with the edge of the sword and the guard and the Captains cast them out and went to the City of the house of Baal and they brought forth the Images out of the house of Baal and burnt them and they brake down the Image of Baal and the house of Baal and made it a draught house unto this day so Jehu destroyed Baal out of Israel Here the supream temporal Magistrate puts all the Idolatrous Priests and worshippers of Baal throughout the whole Kingdom to death at once without mercy for which God himself commends him saying That he had done wel in executing that which was right in his eys And by this means he destroyed Baal out of Israel to his eternal honor The sixth Example is thus recorded in the 2 KING 11. 17 18. and in the 2 CHRO 23. 16 17. And Jehoiada made a Covenant between him and between all the people and between the King that they should be the Lords people And all the people of the Land went into the house of Baal and brake it down his Alars and his Images brake they in peeces throughly and SLEW Mattan the Priest of Baal before the
Altar A memorable example of zeal and reformation after their solemn Covenant And should not we be as zealous after our Covenant against Idolatrous Priests False Prophets Hereticks Apostates Blasphemers as they were against the Priests of Baal The seventh President is enrolled in the 2 CHRON. 15. 9 to 17. where godly King Asa having gathered all Juda and Benjamin and the strangers with them out of Ephraim and Manasseh and out of Simeon to Jerusalem in the fifteenth year of his reign they all entred into a Covenant to seek the Lord God of their Fathers with all their heart and with all their soul That whosoever would not seek the Lord God of Israel SHOVLD BE PVT TO DEATH WHETHER SMAL OR GREAT MAN OR WOMAN And they sware unto the Lord with a loud voice and with shoutings and with trumpets and with cornets And all Judah rejoyced at the Oath for they had sworn with all their heart and sought him with their whole desire and he was found of them and the Lord gave them rest round about And also concerning Maachah the mother of Asa the King he removed her from being Queen because she had made an Idol in a grove and Asa cut down her Idol and stamped it and burnt it at the brook Kidron Whence we shal observe First that this godly King and all his people bound themselves by a solemn Oath and Covenant much like to ours TO PUT ALL Idolaters Apostates Hereticks and Blasphemers and whosoever would not seek the Lord of what quality or sort soever TO DEATH Secondly that this Oath and Covenant was so wel pleasing to God and agreeable to his Law that whereas immediately before their entring into it here was no peace to him that went out nor to him that came in but great vexations were upon all the Inhabitants of the Countries and Nation was destroyed of Nation and City of City as they are now among us for God did vex them with all adversity Vor. 5 6. Yet no sooner was this Oath and Covenant taken but the Lord was found of them and gave them rest round about Verse 15. as no doubt he would do to us were we as zealous against Apostates Idolaters Hereticks Blasphemers against God and the sacred Trinity as they and would put the Ringleaders of such to death whether smal or great whether man or woman as they did Thirdly that Asa did depose his own Queen mother from being Queen for her Idolatry and cut down and burnt her Idol and her grove A memorable example both of zeal and justice to shame the luke warmness the partiality of our times which have connived at and countenanced Queen mother and Queen daughter too in their Idolatries yea erected publick Groâ—es and Chappels for their Idols and Idol-worship Eightly to these I might accumulate EXOD. 23. 23 24. 32. 33 c. 34. 12 13 4 15. NUM 21. 2 3. c. 31. 8. 17. DEUT. 7. 2 3 4 5. c. 12. 2 3. JOSM 23. 5. to 14. JUDG 2. 2. Where God commanded Moses Ioshua and the Israelites his own people when he should deliver the Hittites Gergasites Amarites Canaanites Perâ—zites Hivites Iebusites and Midianites into their hands to smite utterly destroy and slay them with the sword and to make no Covenant with them nor shew mercy unto them and to destroy break down and burn their Altars Groves Images and to make no marriages with their sons or daughters least they should turn them away from following him to serve other gods and so should the anger of the Lord be kindled against them and destroy them sodainly Whereupon they did utterly destroy all the Idolatrous Inhabitants of the Cities they took with the edge of the sword without sparing any but Rahab and her family JOSH. 6. 21 22 24. c. 8. 20. to 30. c. 9. 24 26. c. 10. 1. 10. to the end specially v. 40. c. 11 12. NUM 21. 2 3. c. 31. 16. 17. 2 CHRON. 31. 1 2. as the Lord commanded them From all which Precepts and Presidents as also from JOH 31. 26 27 28. EXOD. 22. 20. He that sacrificeth unto any other god save unto the Lord only HE SHAL BE VTTERLY DESTROYED that is by the Magistrates and people or in their default by God himself it is undeniable that godly Kings and Magistrates under the Law were by Gods own special command to punish obstinate Idolaters Apostates False Prophets and Teachers who seduced or endeavored to seduce the people from the ways truth and true worship of God were they Jews or Gentiles Israelites or Heathens with death and capital punishments to prevent or remove Gods wrath procure his favor and blessing and keep others from pollution and seduction to the ruine of their souls Secondly That they had power to punish Blasphemy and Blasphemers of God even with death by an express Commission from God himself is as clear as the Noonday Sun by these ensuing Texts LEVIT 24. 10. to 17. and the Israâ—litish womans sonne blasphemed the name of the Lord and cursed and they brought him unto Moses and put him in Ward that the mind of the Lord might be shewed them And the Lord spake unto Moses saying bring forth him that hath cursed without the Camp and let all that heard him lay their hands upon his head and let all the Congregation STONE HIM And thou shalt speak unto the children of Israel saying whosoever shal curse his God shal bear his sin And he that blasphemeth the name of the Lord SHAL SURELY BE PUT TO DEATH and ALL THE CONGREGATION SHAL CERTAINLY STONE HIM as wel the stranger as he that is born in the Land WHEN HE BLASPHEMETH THE NAME OF THE LORD SHAL BE PUT TO DEATH A most punctuall Law extending to all blasphemers of God and his name be they Natives or Forraigners of what sex or quality soever coupled in the next Verse with this penal Statute Ver. 17. AND HE THAT KILLETH ANY MAN SHAL BE PVT TO DEATH so that those who at this day question or deny the Magistrates power to put Blasphemers or gross Hereticks who deny Christs Divinity c. whose very assentions are direct blasphemies to death may upon the self-same grounds and with equal reason deny the Magistrates power to put Murtherers to death the one Law being as moral as perpetual as the other Yea the equity of that other Law EXOD. 21. 17. and LEVIT 20. 9. Every one that curseth his father and mother shal SVRELY BE PVT TO DEATH his blood shal be upon him must hold more strongly of him that shal curse and blaspheme his heavenly then his earthy Father in as much as the one is infinitly greater and more to be reverenced feared honored obeyed then the other This Law was so obligatory and Authentick among the Israelites even in the reign of King Ahab and Jezebel that the Nobles and Elders upon Jezebels Letter and the witnesses testimony suborned by her condemned Naboth for that he did blalpheme God
whereupon they carried him forth out of the City and STONED HIM WITH STONES THAT HE DYED 1 KING 21. 5. to 15. Yea the wicked Jews Elders and High-priests who put our Savior to death were so zealous in punishing whatever they reputed blasphemy by coulor of this precept that JOH 10. 31 32 33. The Jews TOOK UP STONES TO STONE CHRIST HIMSELF for BLASPHEMY which they pretended he had spoken AND FOR THAT HE BEING MAN MADE HIMSELF GOD And at his arraignment before his passion MAT. 26. 64 65 66. Christ saying that he was the Son of God thereupon the High Priest rent his clothes saying He hath spoken BLASPHEMY what further need have we of witnesses Behold now ye have heard his BLASPHEMIE What think ye They answered and said HE IS GVILTY OF DEATH An unanswerable proof that Blasphemy even in our Saviors time was a capital crime punishable with death among the Jews and all by vertue of this forecited expresse Law of God Those then must be more unjust then Ahab or Jezebel more impious and lesse zealous then the wicked Jews High Priests or Elders who put Christ to death that dare plead for the exemption of Blasphemers of God or the Trinity from death and capital punishments when God himself hath thus positively commanded That they shal surely and certainly be out to death Thirdly For seditious and obstinate pernicious Schismaticks from the Unity both of the Church and Faith though we find no expresse precept in the Old Testament against them yet we read that God himself sent out a fire and devoured Nadab and Abâ—hu so that they dyed before the Lord because they offred in their censorâ— strange fire before the LORD which he commanded them not LEVIT 10. 1 2 NUM 3. 4. c. 26. 60. 1 CHRO 24. 2. and that God exemplarily destroyed and made the earth to swallow up Corah Dathan and Abiram with their company and families for raising a publike Schism NUM 16. 1. to 41. c. 26. 9 10. PSA 106. 17 18. And such Hereticks and Schismaticks as those fall directly within the Verge and meaning of the forecited Texts against Idolaters False Prophets False-Teachers Apostates from the truth or true worship of God and Blasphemers Heresie it self properly so called being either DOCTRINAL BLASPHEMY or MENTAL IDOLATRY therefore punishable by godly Princes and Magistrates under the Law by vertue of the precedent Texts and so by necessary consequence under the Gospel As for Schismaticks and separate Independent Congregations the Israelites neither knew nor permitted any since they all unanimously met together in one place upon all publick Feastivals Fastings Passeoverâ— and other occasions of solemn worship from which none ever separated upon pretext that all those present were not visible Saints and those who separated from the publike ordinances VVERE TO BE CUT OFF as is clear by EXO 23. 17. c. 35. 1. 4. LEV. 8. 3 4. c. c. 9. 5. c. 16. 33. c. 19. 2. c. NUM 15. 24. c. 27. 1. DEUT. 31. 30. c. 5. 1. c. c. 16. 16. JOSH. 8. 35. c. 23. 2. c. c. 24. 1. to 28. JUDG 2. 5. c. 20. 1. to 26. 1 SAM 7. 3. 5 6. 1 KING 18. 1. 2. to 66. 1 CHRO 13. 1. to 9. c. 15. 3. to 29. c. 25. c. 29. 2 CHRO 5. 2 3. c. 7. 3 4. c. 15. 9. to 16. c. 20. 3 4 5. 27. 28. c. 23. 7. 16 17. c. 24. 9. 10. c. 29. 28. 36. c. 30. 1. to 27. c. 34. 29 30 31 32 33. c. 35. 1. to 20. EZRA 10. 1. c. 5. 9. 12. c. 3. 1. NEH. 8. 1. c. cap. 9. 1. JOEL 2. 15. 16. ZEPH. 2. 1 2. which I wish all Separatists and Independents would wel study and consider My second Argument is this Godly Kings and Magistrates under the Law and Old Testament had power to punish Sabbath-breakers Sorcerers Witches Murtherers Adulterers Wicked doers and disobeyers of the Law of God with temporal and capital punishments Ergo. Christian Magistrates and Princes now have power under the Gospel to punish Idolaters Apostates Hereticks False Teachers obstinate Schismaticks and Blasphemers with corporal and capital punishments The sequel is firm because the same reason holds a like in all and because it is an argument a Minori ad Maju sins against the first second third fourth Commandments as Divines generally accord being more hainous then sins against the second Table because more immediate against the very nature essence and name of God himself and spiritual Sorcerers Witches Murtherers Adulterers such as all Idolaters Hereticks Apostates False Teachers obstinate Schismaticks and Blasphemers are being worse and more dangerous then corporal because they hurt and destroy mens souls and because the forecited and subsequent texts warrant their punishing of these with death as wel as those The antecedent I shall ratifie by these Authorities That Sabbath-breakers WERE TO BE PUNISHED by the Civil Magistrate WITH DEATH is evident by EXOD. 31. 14 15. NUM 15. 32. to 37. That Sorcerers and Witches were to be put to death and not suffred to live is apparant by LEV. 20. 27. DEUT. 18. 10 11. 1 SAM 28. 9. That adulterous and incestuous persons were to be put to death by Gods command by the Magistrate is clear by GEN. 26. 11. c. 38. 24. 25. LEVIT 8. 6. to 30. c. 20. 10. to 19. c. 21. 9. DEUT. 22. 20. to 28. JOH 8. 4 5. That Murderers were to be put to death without mercy is clearly resolved in direct terms GEN. 9. 5 6. EXOD. 21. 12 13 14. LEVIT 24. 17. NUM 35. 15. to 35. 1 KING 2. 31. to 35. In fine godly and zealous King David a man after Gods own heart writes thus of himself PSAL. 101. 8. I wil early destroy ALL THE WICKED of the Land that I may CVT OFF ALL WICKED DOERS FROM THE CITY OF THE LORD If David then as a King yea a type of Christ would thus destroy and cut off with the sword of Justice all the wicked of the Land and all wicked doers from the City of the Lord then certainly he would cut off and destroy all Idolaters Apostates Hereticks False Teachers Blasphemers and obstinate Schismaticks who disturbed the tranquility and obstructed the felicity of the City of the Lord. And why all Christian Princes Magistrates should not do the like under the Gospel as he did under the Law and punish Idolaters Hereticks Apostates Blasphemers c. now with corporal and capital punishments as wel as Sorcerers Murderers and other Malefactors as yet transcends my understanding to conceive My third Argument follows Those things and Persons which Heathen Kings Magistrates Nations and Idolaters themselves by the very light of nature though fit to punish with corporal and capital punishments all Christian Kings Magistrates Nations ought much more to censure in this kind But Heathen Kings Magistrates Nations and Idolaters themselves by the very light of nature have thought fit to punish with corporal
and capital punishments such as adored not those Idol-gods which they worshipped and reputed for the true and such as they deemed Idolaters Apostates Hereticks Schismaticks Blasphemers and open Rebels against God Therefore Christian Kings Magistrates Nations under the Gospel ought much more to do it The Major is evident by its own light and ratified by ROM 2. 14 15. The Minor I shal make good by Scripture testimonies I shall begin with King Artaxerxes his Commission to Ezra c 7. 15 26. And thou Ezra after the wisdom of thy God that is in thine hand set Magistrates and Judges which may judge all the people which are beyond the river all such as know the Law of thy God And whosoever WIL NOT DO THE LAW OF THY GOD and the law of the King let judgement be executed speedily upon him WHETHER IT BE TO DEATH OR TO BANISHMENT OR TO CONFISCATION OF GOODS OR TO IMPRISONMENT Shal a meer Heathen King be so zealous as to enjoyn the Judges and Magistrates under him to inflict these corporal and capital censures upon such as wil not do the Law of God in which number all Idolaters Apostates Hereticks Blasphemers c. are included and shal not Christian Princes Magistrates Judges much more exceed him in their zeal and justice against such transgressors of Gods Law But that Decree of Nebuchadnezzer against blasphemers of God is more emphatical and pathetical DAN 3. 28 29. Then Nebuchadnezzer spake and said blessed be the Lord God of Shadrach Mesach and Abednego who hath sent his Angel and delivered his servants that trusted in him c. Therefore I make a Decree that every people nation and language WHICH SPEAK ANY ERROR or any thing amisse AGAINST THE GOD of Shadrach Meshach and Abednego SHAL BE CUT IN PEECES and THEIR HOUSES SHAL BEE MADE A DUNGHIL because there is no God that can deliver after this sort If this Pagan King out of his transcendent zeal upon the sight but of one miracle was stirred up without any debates or delay to make such a severe decree as this against all those of every people nation and language that did speak any Error or Blasphemy against the true God whom these three worthies then and we now worship shal not this decree of his rise up in Judgement against all those Christian Princes Parliaments Magistrates Judges under the Gospel who professe themselves the worshippers servants children of this true God and yet shal refuse or neglect to make such strickt and severe Decrees against such Hereticks and Blasphemers who maliciously belch out most execrable blasphemies and Errors against God himself and openly maintain them in discourse and writing but especially against those who pretend and stile themselves the ONLY SAINTS and SERVANTS OF GOD how truly let this one act alone declare who professedly plead preach and write against the Corporal and Capital Punishment of such damnable Hereticks Blasphemers and the enacting of any severe Laws against them by the Parliament and civil Magistrates when as this Pagan King by his Decree commanded such to be instantly cut in peeces and their houses to be made a dunghill without any pity or pardon Were Pagan Nebuchadnezzer now alive amongst us he would new heat his Fiery Furnace to warm the kay-cold frozen zeal of such heatlesse New-Lights and zeal-lesse Saints as these or shame them into an emulation of his zeal against such Hereticks and Blasphemers I shal close up this with that saying of Augustine recorded by Gratian Quando vult Deus concitate potestatem adversus Haereticos adversus Schismaticos adversus dissipatores Ecclesiae adversus exsufflatores Christi adversus Blasphematores Christi blasphemi non mirentur quia Deus concitat ut a Sara verbaretur Agar cognoscat se Agar supponat cervicem c. Ad hoc ergo affligitur ut revertatur Nebuchadnezzer Rex decrevit dicens Quicunque dixerint blasphemiam in Deum Sidrac Misac Abednago in interitu erunt domus eorum in dispersione Ecce quomodo Rex alienigena sevit ne blasphemetur Deus Israel qui potuit tres pueros de igne liberare nolunt ut seviant Reges Christiani quia Christus exsufflatur a quo non tres pueri sed totus orbis terrarum cum ipsis regibus a gehennarum igne liberantur Quomodo ergo istireges non moveantur qui non tantum tres pueros attendunt liberatos de flamma sed seipsos de flamma Gehennae quando vident Christum a quo liberati sunt exsufflari a Christianis quando audiunt dici Christiano dic te non esse Christianum Talia facere volunt sed talia pati nolunt Nam videte qualia faciunt qualia patiuntur occidunt animas affliguntur in corpore sempiternas mortes faciunt et temporales se perpeti conqueruntur So in the 1 ESDRAS c. 6. 23. to 34. It is recorded that King Cyrus and Darius by their Royal Decrees commanded the Temple of Jerusalem to be built unto the Lord and offrings and prayers to bee there made to the most high GOD for the King and his children and commanded that whosoever should transgresse yea or make light of any thing afore written out of his own house should a tree be taken and HE THERE ON TO BE HANGED and ALL HIS GOODS TO BE SEISED FOR THE KING O the transcendent zeal of these Heathen Princes against the obstructers or oppugners of Gods true worship and shal not Christian Kings and Magistrates be as zealous against Hereticks Blasphemers Schismaticks Seducers Idolaters who oppugn corrupt his truth and withdraw men from his worship I proceed to Presidents of another Nature We read JUDG 6. 28. to 32. That when Gideon in the night time had thrown down the Altar of Baal and cut down the Grove that was by it in Ophrata the men of the City who worshipped Baal said one to another who hath done this thing and when they had enquired and asked they said Gideon the son of Joash hath done this Then the men of the City said unto Ioash bring out thy son THAT HE MAY DYE BECAUSE HE HATH CAST DOWN THE ALTAR OF BAAL because he hath cut down the Grove that was by it Whence it is evident that these very Idolaters deemed this afront to their Idol-god whom they beleeved adored as the true to be no lesse then a capital offence deserving death So in the 1 KING 18. 13. c. 19. 2. 10. 14. and ROM 11. 3. 4. we find that Idolatrous Queen Iezabel who worshipped Baal as the true God and drew Ahab her husband and his subjects to her Idolatry did slay the Prophets of the Lord with the sword and threw down his Altar and seek the Prophet Elijahs life who was enforced to flie to save it because shee deemed him and the Prophets she slew to be Hereticks False Prophets Blasphemers Opposers of her Idol-Baal and his Idolatrous worship then generally received as the true So DAN 3. 1.
Sacrum an holy War because waged in defence of Religion though Idolatrous to punish the contemners of it Yea this was one cause of the Poloponesian War between the Athenians and Lacedaemonians as Thucidides and Grotius record who assert Justius illi punientur qui in eos quos Deos putant irreverentes atque irreligiosi sunt Hence the Athenians banished Protagoras out of their City and territories and burned his Books in a publick assembly because he had written in the beginning of his Book De diis neque ut sint neque ut non sint habeo dicere Hence Antiochus attempting to rob the Temple of Dodona in Syria was together with his whole army slain by the Inhabitants Hence we read in Aelian of a child condemned to death for Sacriledge and offring injury to the Heathen Goddesse Diana in taking away a Golden Plate which had fallen from her Crown And upon this ground Numa Pompilius as Livy Plutarch and Dionysius Haliâ—arnasseus record instituted a Pontifex Maximus or chief Priest at Rome eique omnia ex scripta ex signataque attribuit quibus hostiis quibus diebus ad quae templa sacra fierent c. Pontificiis scitis subjecit vt esset quo consultum plebs veniret ne quid divini juris negligendo Patrios ritus PEREGRINOS-QVE asciscendo turbaretur ne quid praeter LEGITIMA fiat And upon the like reason when the Romans in the time of Manlius had their bodies infected with diverse diseases and their minds with manifold erroneous Religions and Superstitions this publick shame coming to the knowledge of the chief of the City Cernentes in omnibus vicis sacellisque peregrinâ— atque insolita piacula pacis Deum exposcendae they thereupon commanded the Ediles to take care Vt animadverterent ne qui nisi Romani Dii NEV QVO ALIO MORE QVAM PATRIOCOLERENTVR to preserve Uniformity and avoyd all Innovations in their publike worship which they deemed true Whence I conclude that what Pagan Kings Magistrates Nations have usually punished with corporal or capital punishments and restrained by Civil Laws in all ages out of the light of Nature that Christian Kings Magistrates and Nations under the Gospel may lawfully punish in like sort even by the principles of Nature too had they no other Divine Law to warrant them as they have 'T is true most of these erred in the object in deeming that Heresie Schism Blasphemy Error which was not not in the punishment had the object been such as they really deemed it and such as we here dispute of My fourth Argument is this God hath prophecyed That Idolaters Hereticks and False Prophets under the Gospel shal be put to Death Therefore Christian Kings and Magistrates under the Gospel may lawfully put them to death else these Prophâ—sies should be frustrated and not fulfilled The Antecedent I have already made good in part from DEUT. 18. 15. to 21. which relates to the times of the Gospel But the Prophet which presumes to speak a word in my name which I have not commanded him to speak or that shal speak in the name of other gods EVEN THAT PROPHET SHAL DYE to wit by the sword of Justice which is thus repeated ACT. 3. 22 23. And it shal come to passe that every soul that wil not hear that Prophet SHAL BE DESTROYED FROM AMONG HIS PEOPLE even under the Gospel as wel as under the Law either immediately by the hand of God himself or mediately by the Civil Magistrate and Sword of Justice as The despisers of Moses Law were to be destroyed HEBR. 10. 28 29. compared with this text Whereto I shal now subjoyn ZECH. 13. 1 2 3 c. which speaking thus of the time of CHRIST and of his passion In that day shall a fountain be opened to the house of David for sin and for uncleannesse Awake O sword against my shpherd and against the man that is my fellow saith the Lord of hosts Smite the shepherd and the sheep shal be scattered c. applyed to Christ and the times of the Gospel in the New Testament MAT. 26. 32. MARK 14. 27. 1 PET. 1. 6 7. he adds And it shal come to passe IN THAT DAY of the Gospel saith the Lord of hosts I wil cut off the names of Idols out of the Land and they shal no more be remembred and also I wil cause the Prophets and unclean spirits to passe out of the Land And it shal come to passe that when any shal yet prophesie that HIS FATHER and mother which begat him shal say unto him THOV SHALT NOT LIVE FOR THOV SPEAKEST LYES IN THE NAME OF THE LORD and his FATHER and his Mother that begat him SHAL THRVST HIM THROVGH WHEN HE PROPHESYETH And it shal come to passe in that day that the Prophets shal be ashamed every one of his vision when he hath prophesied neither shall hee wear a rough garment to deceive This Prophesy relates wholy to the times of the Gospel The first part thereof concerning the destruction of Idols and Idolaters was in part fulfilled by the Apostles and others preaching and by Constantine the great his subverting of all Idols Temples Groves Statues by his enacting Laws against their worship and putting Lycinius and his complices qui praelii CONTRADEVM SVSCIPIENDI authores fuerunt to death being first condemned by Martial Law for waging war against God and the Christians as we may read at large in Eusebius The latter part concerning Hereticks and false Prophets who speak lyes in the name of the Lord relates likewise to the times of the Gospel wherein two things are considerable First their judgement and punishment Thou shalt not live and they shal thrust him through when he prophesieth A capital sentence and execution to the very taking away of their lives Secondly The parties who are to pronounce and execute this Judgement his Father and Mother that begat him an expression borrowed from Deut. 13. 6 7 8 9. This may have a threefold interpretation First His natural Father and Mother shal do it if living upon lawful conviction before the Christian Magistrate Secondly His Civil or Ecclesiastical Father and Mother especially if his natural Parents be dead to wit the Christian Magistrate Church and people where he liveth Thirdly his very neerest dearest friends and kindred who must cast aside all affection in the cause of God And this part of the Prophecy was fulfilled under the Gospel by the manygodly Laws of Christian Emperors Kings States in all ages for the punishing of Hereticks and seducing false Teachers with Banishment Imprisonment Burning Death and other corporal censures of which more anon Thirdly the good effect of these corporal censures and punishments upon Idolaters Hereticks and False Prophets is thus expressed in the Text. First The name of Idols shal no more be remembred Secondly The false prophet and unclean spirit shal passe out of the Land Thirdly Every other false prophet
of the multitudes of Idolaters round about them of the many strong enticements and their own proneness thereunto So upon the like reason the New Testament is far more frequent in exhorting Christians under the Gospel to beware of Hereticks Schismaticks and False Teachers then of Idolaters and of Heresie and Errors in Religion then of Idolatry because Idolaters under the Gospel when most Idolatrous Nations should be converted and the vanity the false-hood of Idolatry fully discovered should be nothing so dangerous so infectious so numerous so diligent and cunning to seduce men as Hereticks Schismaticks False Teachers and Idolatrie nothing so apt to seduce men to it as heretical and erroneous Tenets which have a more specious shew of truth and greater colour of warrant from the Scriptures then Idolatry Wherefore godly Kings Magistrates States should be more severe and vigilant against obstinate Hereticks Seducers False Teachers Heresie c. then against professed Idolaters or Idolatry wherewith their people are seldom endangered seduced and the many reiterated Caveats against them in the Gospel will warrant them to proceed against such as capitally as severely under the Gospel as godly Magistrates and Princes proceeded against Idolaters and False Teachers under the Law That Christian Kings States Magistrates under the Gospel have the self-same Power and Commission as godly Kings States Magistrates had under the Law I have formerly manifested and is undeniably proved by ROM 13. 1. to 6. 1 TIM 2. 1 2. TIT. 3. 1 2. 1 PET. 2. 13 14 15. compared with 2 SAM 23. 3. 1 KING 10. 9. PSAL. 101. 8. PSAL. 78. 71 72. ISA. 16. 5. c. 32. 1. PROV 20. 2. 8. 20. c. 24. 21 22. c. 25. 5. c. 29. 4. 16. and other texts Yea it is a Maxime under the Gospel as wel as under the Law That a right hand must be cut off and a right eye pulled out any member especially the corrupt Members of a Christian Church or State destroyed by the Magistrate rather then the whole body infected endangered destroyed MAT. 5. 29. 30. c. 18. 8. MARK 9. 45. JOH 11. 50 51 52. c. 18. 14. ROM 5. 7 8. GAL. 5. 12. As therefore pious Kings and Magistrates under the Old Testament might lawfully cut off one or more Idolaters Seducers Blasphemers Apostates to preserve the whole Church and State from destruction infection ruine and avert Gods wrath DEUT. 7. 2. 4. c. 13. 7. 9 10 11. 15 16 17. NUM 16. 26. c. 25. 4. to 14. So by like reason may Christian Kings States Magistrates under the Gospel off rotten Hereticks Seducers Blasphemers and the like putred Members from the body of their Churches and States by capital punishments to ward off Gods Judgements from the rest as wel as Traytors Murtherers Theeves and other Malefactors as the fore-quoted texts together with the 1 COR. 5. 6 7. 13. ROM 13. 3. 4. fully evidence But lest this should not fully satisfie I shal next proceed to Arguments drawn from the New Testament only wherein I shal thus argue in the sixth place Magistrates Kings Rulers and the Higher powers under the Gospel it self are ordained continued by God and men for this very end among others to be a terror to evil doers and workers to be Gods Ministers Avengers to execute wrath upon them that do evil and not to bear the sword in vain being sent FOR THE PUNISHMENT OF EVIL DOERS Nay Christians themselves are to obey submit unto them and injoyned to pray for them that under them they may live a peaceable life IN ALL GODLINESSE and HONESTY they being the Ministers of God for their good ROM 13. 1. to 6. 1 PET. 2. 13 14. TIT. 3. 1. 1 TIM 2. 1 2 3. Yea Christ himself commands his disciples when they should be brought before them nay SCOURGED KILLED and PUT TO DEATH BY THEM not to dispute their power as some do now but to submit unto it as he did to Pilates MAT. 10. 17 18. 21. LUK. 22. 12. 17. JOHN 16. 2 3. Upon which grounds Paul being brought before Festus Felix Agrippa and accused by the Jews of HERESY stirring up of sedition among the Jews throughout the world teaching against the Law and defiling the Temple justified himself and denyed these accusations but demurred not to their Jurisdiction using this notable speech ACT. 25. 10. IF I BE AN OFFENDOR OR HAVE COMMITTED ANY THING VVORTHY OF DEATH IREFUSE NOT TO DYE BUT IF THERE BE NONE OF THESE THINGS VVHEREOF THEY ACCUSE ME NOMAN MAY DELIVER VNTO THEM I APPEAL VNTO CAESAR Where Paul appeals not from but to the Supream Civil Magistrate from the Jews even in a case of Religion yea of Heresie Schism Superstition as it was then accounted not refusing to dye IF HE HAD DONE ANY THING VVORTHY OF DEATH and were guilty of this charge Therefore by these Gospel Texts and Presidents Christian Magistrates Kings Rulers and the Higher Powers under the Gospel have right to inflict corporal pecuniary and capital Punishments upon notorious dangerous Idolaters Apostates Hereticks Blasphemers False Teachers and obstinate Schismaticks who are evil doers in the highest degree dishonoring and blaspheming God undermining Religion subverting the faith of many bringing upon themselves and others swift damnation disturbing the Peace Order Doctrins of the Church and bringing down Gods Wrath Judgements on the Churches States Kingdoms wherein they live and destroy the very stock and faith of Christ as much as in them lies Rom. 16. 17 18. Gal. 5. 19 20 21. Phil. 3. 2 Mat. 7. 15. cap. 23. 14. 26. 27. 28. Acts 20. 29 30. 1 Tim. 4. 1 2. 2 Tim. 2. 17 18. Tit. 3. 10 11. 2 Pet. 2. 1 2 3. Rom. 1. 18. to the end Revel 2. 15. to 24. 1 Cor. 5. 6 7. 13. Heb. 12. 15. I suppose our Oppositers are not so impudent to deny but that Christian Princes States Magistrates under the Gospel may punish Traytors Murderers Theeves Witches and other Idolaters with corporal and capital punishments because they are evill doers even by vertue of the forecited Texts then by the self same reason they must likewise punish all obstinate seducing Hereticks Blasphemers Schismaticks c. with the self-same punishments who are guilty of High Treason and Blasphemy against God himself the Father Son Spirit Gospel Christian Faith Destroyers Murderers of mens very souls and greater disturbers of the States and Churches wherein they live then any Theeves Felons Witches Can any rational Christian think that God would so severely punish Idolaters Blasphemers and seducing Prophets under the Law with inexorable death and yet let them and Hereticks scape unpunished under the Gospel there being no variablenesse nor shadow of turning in him That he would appoint Magistrates to punish only the smallest offences between man and man and not to correct and punish the most heinous offences and Treasons against himself being his own Avengers Ministers Vicegerents Would it not be deemed a grand absurdity in earthly Kings and
presumptuous self-willed despise Government speak evil of dignities and bring rayling accusations against them never so really verified as by our false Teachers Separatists Anabaptists and New-Lights at this present who despise and speak against all Church-government in a most presumptuous manner speaking evil and bringing rayling accusations against our Parliament Assembly Magistrates Ministers Church Laws Covenant Directory and what not both in Press and Pulpit Tenthly That these false Teachers damnation and their followers judgment now of a long time lingreth not and their damnation slumbreth not and that these as natural bruite beasts made to be taken and destroyed shal utterly perish in their own corruption and receive the reward of unrighteousness at the last either from the hands of the Christian Magistrate who justly may yea ought to destroy and cut off such with the Sword of Justice or else by the avenging hand of that just God who spared not the Angels that sinned but cast them down to hel drowned the Old World with a Flood and turned the Cities of Sodom and Gomorrah into ashes who is as just as severe now as ever If any hence Object from Vers 9. That the Christian Magistrate hath no authority to punish such false Teachers who bring in damnable Heresies c. because God reserves the wicked to the day of Judgment to be punished I Answer that the Argument holds not First Because God forbearing his own immediate punishing of men till the day of Judgement is no supersedeas to the Magistrates punishment of them here for then no kind of impenitent Malefactors should be punished by the Magistrates in this life because God reserves his own punishing of them till the day of Judgement So that this position if admitted would wholy take away the Civil Christian Magistrates Judicatory Power contrary to Rom. 13. 4. and 1 Pet. 2. 13 14. and condemn Gods proceedings against Idolaters c. in the O. Testament Secondly Because Gods own punishing of such here with Plagues and other temporal punishments no wayes impeacheth nor hindreth the executions of the Magistrates Censures on them as I have formerly proved Thirdly The Apostle here informs us that such mens damnation slumbreth not and their Judgment lingreth not and that they bring upon themselves swift destruction Therefore their punishment is not always to be respited to the generall day of Judgment but to be executed speedily on them here Fourthly The reserving such to the day of Iudgment to be punished is not to be understood here of the general day of Judgment to come hereafter but of the day of their particular Judgment here as is clear by the preceding Verses The day of Judgment to the Old World was the day when God brought the Flood upon them the day of Judgment to Sodom and Gomorrah was the day God turned them into ashes and condemned them with an overthrow and the day here meant to which God reserves such Fals Teachers is the day wherein he bringeth swift destruction upon them by the Magistrates Sword of Justice or his own immediate Judgments not the general day of Judgment for then their destruction so long deferred would not be swift and their Judgment and Damnation would justly be said to linger to slumber contrary to the Text Fifthly Admit it meant of the general day of Judgement yet God reserves not False Teachers and damnable Hereticks till that day to be punished with eternal damnation and destruction but where Magistrates neglect to punish them with temporal damnation and destruction which through Gods blessing might be a means to free them from eternal So that this Text duly considered is in my apprehension a sufficient warrant and commission for all Christian Magistrates under the Gospel speedily to punish all fals Teachers who privately or openly bring in damnable Heresies with swift destruction and capitall censures inflicted by them upon conviction in a way of Justice My ninth Argument is this Hereticks False Teachers Seducers and obstinate Schismaticks are stiled not only in the Old but New Testament Foxes litle foxes Wolves in sheeps clothing ravenous grievous Wolves who spoil and devour the Flock yea Theeves and Robbers who come only to steal kil and destroy Christs sheep and the like Cant. 2. 15. Math. 7. 15. John 10. 8. to 14. Acts 20. 29 30. And not only Ministers but likewise godly Magistrates are the Shepherds and Pastors of Christs flock to preserve defend them from and chase away take and if need be destroy and kil these Foxes Wolves Theeves Robbers 2 Chron. 18. 16. Psa 78. 76. 71 72 Isa 49. 23. Cant. 2. 15. 1 Tim. 2. 2. As therefore Shepherds lawfully may and ought to drive away Foxes Wolves Theeves Lyons Bears and other beasts of prey from their sheepfolds and take and kil them too for the preservation of their flocks as David did kil the Lyon and the Bear that devoured his Fathers sheep 1 Sam. 17. 34 35 36. Cant. 2. 15. Jer 31. 4. John 10. 12 13. So doubtlesse godly Christian Magistrates and Shepherds under the Gospel may yea ought to chase away and banish these pernicious Foxes these ravenous grievous Wolves Bears Lyons Theeves which devour their flocks and apprehend and kil them too where they see just cause to preserve Christs sheep from being devoured and his flock from being destroyed by them These very Titles wherewith the Scripture brands them being a sufficient warrant for such proceedings We read Exod. 21. 28 29. If an Ox gore a man or woman that they dye then the Ox shal be surely stoned and the owner quit But if the Ox were wont to push with his horn in time past and it hath been testified to his owner and he hath not kept him in but that he hath killed a man or woman the Ox shal be stoned and the OWNER ALSO SHAL BE PUT TO DEATH Certainly if an Ox that kils the body but of one man or woman with his horn must thus be stoned to death and his owner too for not restraining him if he formerly used pushing then much more may seducing Hereticks False Teachers Blasphemers Schismaticks who gore the souls of hundreds to death and those Magistrates who willingly countenance and keep them not in by Laws and Punishments from goring the souls of others that they dye be punished and put to death My tenth Argument shal be this The Apostle informes us Gal. 5. 19 20. That Idolatry Schisms Heresies are works of the flesh not Spirit and couples them with Witchcrafts and Murders adding that those who do such things shal not inherit the Kingdom of God Yea he informes us Rom. 1. 32. That those who commit such things ARE WORTHY OF DEATH And 1 Tim. 1. 9 10. The Law is not made for the righteous man that is to restrain and punish him but for the lawlesse and disobedient for the ungodly and for sinners for the unholy and prophane for murderers of Fathers and murderers of
upon Traytors Rebels or other Capital Malefactors are and may properly be said to slay them with the breath of their lips with the sword that goeth out of their mouth because this their sentence makes them liable to death and brings death upon them by the hand of the Executioner who hath no power to slay or behead them but only by the Judges sentence the original cause of their execution And in this sense are the other objected Texts to be taken By the breath of his mouth shal he slay the wiched Not by the preaching of the Word and Gospel as Mr Dell mistakes it but by passing inflicting a sentence of Death and Destruction upon them as a Judge sitting upon his Throne In which relation the Christian Magistrates rather theâ— the Ministers are his Vicegerents to whom he hath delegated the condemning and executing power of capital Malefactors of all sorts Rom. 13. 2 3 4. 1 Pet. 2. 13 14. Hence Rev. 17. 10. The ten horns interpreted to be ten Kings v. 12. are those that shal hate the whore and make her desolate and naked and eat her flesh and burn her with fier and the Army of him that sate on the Throne are said to take the beast and false prophet and cast them into a lake of fire and brimstone From these Texts therefore Christian Princes and Magistrates have sufficient warrant to punish Apostates Hereticks False Teachers Blasphemers and other open Enemies of God and his truth with corporal and capital penalties under the Gospel as wel as anciently under the Law Many other Arguments might be deduced from other Texts of Scripture to this purpose but these I trust are sufficient to give satisfaction for the present I shal only add to these Arguments the constant practise of many godly Emperors Kings States who in all ages since they became Christian have enacted Laws and prescribed several pecuniary corporal and capital Punishments and sometimes banishment against Hereticks false Teachers obstinate Schismaticks Apostates and Blasphemers To recite all their Laws at large would swel this Pamphlet into a large Volume I shal give you for the most part but an Epitome of the chiefest of them which the studious may peruse at leisure in the Authors out of which I quote them I shal begin with Laws and Punishments only against Hereticks Apostates false Teachers or obstinate Schismaticks and then proceed to Laws and Punishments against Blasphemy and Blasphemers Constantine the great the first Christian Emperor banished the grand Heretick Arrius and his six followers burned his Books commanding those who concealed them to be put to death and protested he would banish all those who would not subscribe the Decrees of the Councel of Nice made against him After which he made a notable Edict against the Novatians Valentinians Marcianists Paulians Phrygians with all other Hereticks and Schismaticks of his time which being the first formal Law against Hereticks that I find and very ful and seasonable for our present time and Isle wherein this Emperor was both born and crowned I shal transscribe Verbatim out of Eusebius who records it and informs us of the good effects it then produced VICTOR CONSTANTINUS MAX. AVG. HAERETICIS COgnoscite jam per legem quae a me sancita est ô Novatiani Valentiniani Marcionistae Pauliani quique Cataphrygum nomen usurpatis omnes omnino qui per conspirationes a vobis conflatas haereses sectas etiam atque etiam augere conamini cognoscite inquam quibus mendaciis vestrae doctrinae inanitas implicata teneatur quatenus pestiferis quibusdam venenis vestâ—d usque eo inficiatur disciplina vt per eam integri ac valentes ad morbum vivi dutem ad sempiternum interitum abstrahantur O veritatis inimici hostes vitae internecionis authores conciliarii omnia apud vos veritati contraria turpibus consentientia maleficiis ineptiis commenticiis fabulis exultantia Quibus certe mendacia struitis premitis insontes fidelibus veritatis lucem denegatis Nam falsa visione et specie pietatis semper delinquentes omnia contagione vestra contaminatis conscientias integras labe vacuas lethalibus plagis vulneratis ipsum diem poenâ— dixerim hominum oculis adimitis At quid attinet singula persequi cum de vestris flagitiis sicut eorum natura postulat dicere neque temporis angustia neque occupationes quibus districti sumus sinunt Nam scelera vestra adeo grandia adeo immensa sunt adeo etiam turpia omni crudelitate redundantia ut dies integer ad ea explicanda non sufficeret Imo vero ad hujusmodi rebus aures abducere oculosque avertere convenit ne singulorum explanatione syncera incorrupta fidei nostrae professio commaculetur Quid ergo partiemurne ejusmodi malorum contagionem longius serpere praesertim cum longa dilatio faciat ut sani ac valentes ea tanquam pestifero morbo inficiantur Cur igitur non cum maxima celeritate ejusmodi pravitatis ut ita dicam radices animadversione poena publica amputamus Atque quò ista vestrae pestis pernicies longius grassari impediatur per hanc legem mandamus ne quis vestrûm posthac conventus cogere audeat Et propterea etiam jubemus vt universae aedes vestrae in quibus congressus illos celebrare consuevistis penitus evertantur haec cautio eò vim suam porrigat vt non modo non in publicis sed ne in privatis quidem aedisiciis aut in locis ullis separatis hujus vestrae superstitiosae amentiae factiones coeant At verò quod multo praestabilius est si qui vestrum verae syncerae religionis curam habeant ad Catholicam Ecclesiam revertantur ejus sanctitatis sint participes per quam poterunt ad veritatem pervenire fraudulenta vestrae perversae mentis astutia hoc est scelerata perdita Haereticorum Scismaticorum seditio omnino ab hac prospera temporum nostrorum conditione sejungatur Nostrae enim prosperae ac beatae vitae rationi qua dei benificio frumiur est admodum consentaneum vt qui aetatem bona spe sustentatam degant ab omni vago caeco errore ad rectam viam a tenebxis ad lucem ab inscitia ad veritatem a morte denique ad salutem traducantur ac quo provisio haec in curandis erroribus robur firmitatem sibi necessariam assequatur mandavimus ut supra dictum est ut omnia superstitionisvestrae loca in quibus convenire soleatis omnia dico haereticorum templa si modo templa appellare convenit sine recusatione aut controversia diruantur et diruta absque mora catholicae tradantur ecclesiae reliqua loca publico Reip. usui addicantur ne ulla in posterum vobis conventus celebrandi relinquatur faoultas Sit igitur hoc ratum statumque ut post hunc diem in nullo loco vel publico vel
so much as the least pitty The PIOVS RIGOR OF THIS SEVERITY not only PURGED the Kingdome of England of that Plague which had already crept into it BVT ALSO PREVENTED THAT IT SHOULD NO MORE CREEP INTO IT BY THE TERROR STRUCK INTO THE HERETIKES So our Nubrigensis whose words I have faithfully englished The forraign Sectaries thus severely punished were no other then professed Anabaptists and schismatickes pronounced hereticks for their obstinacy Their punishment was harsh yet deemed just and necessary in those times and it had this good issue which may induce us now to a fitting and just severity against obstinate Hereticks Schismaticks Blasphemers Anabaptists it suppressed the spreading of their pestilent Errors for the present in England and preserved it safe from their infection for the future Timely and discreet Flebotomie is ever the best cure against this Gangraene of obstinate Schisme and Heresie Only this I shall observe by the way that these Anabaptists for ought I find never pretended that the King and civill Magistrates had no power to punish them for matters of Religion as our Anabaptists and Sectaries now plead and write The sinnes of Heresy and Apostacy were so odious in this our Realm that by the very ancient common Law of England they deserved were punishable with death yea the soarest death of all others BURNING as being no lesse then High Treason against the King of heaven and Gravius est aeternam quam temporalem laedere majestatem That these were thus punishable by the very common Law of England before the Statute of 5. R. 2. Stat. 2. c. 5. surreptitiously procured without the Commons assent and repealed the next Parliament or the Statutes of 2. H. 4. c. 15. and 2. H. 5. c. 7. is apparent unto me by the Authority of our ancient Law Bookes I read in Bracton l. 3. c. 9. f. 123 124. who writ in King Henry the 3. his reigne That if a Clergy man be convicted of Apostacy he shall be for it depriued and afterwards per manum laicalem COMBVRATVR he shall be burnt by the hands of Laymen as it hapned in the Councell of Oxford under Stephen Archbishop of Canterbury to a certain Deacon who became an APOSTATE for a certain Jew who when he bad been degraded by the Bishops statim fuit JGNI TRADITUS per manum Laiâ—â—lem he was presently delivered to the fire by Lay hands And c. 23. f. 144. b. The Jewes may circumcise their owne sonns but not a man of another religion for if they do it they shall be gelt by way of punishment I read that in the Councell held at Oxford An. 1222. in the 6. year of Henry the 3. under Stephen Archibishop of Canterbury an execrable Impostor was convented before him who suffered himselfe to be wounded in his hands feet and side that by the resemblance of these bloody impressions he might perswade the people he was their Saviour who being condemned by the Councell was immured between two walls as a Monster too impious and unworthy to dye by humane hands and another who pretended her selfe to be Mary the mother of Christ and a third who pretended her self to be Mary Magdalen were immured with him Matthew Paris Matthew Parker and others write that they were crucified And Mat. Paris relates that Grosthead Bishop of Lincolne lying on his deathbed An. 50. of Henry the 3. pronounced the Pope to be an Heretick and the Friars Nunnes and Preachers also to be Hereticks for not opposing but favoring him and concluded thereupon with R m. 1. verse last qui talia agunt consentiunt DIGNI SUNT MORTE Therefore in those daies Hereticks were deemed worthy to dye as well temporally as eternally which confirmes that in his time Hereticks deserved to be put to death John Britton Bishop of Hereford Doctor both of the civil and canon Law who writ a Book of the Lawes of England then in use about the 5. year of King Edward the first by the Kings command lib. 1. cap. 9. De Arsouns or persons that were to be burned by judgement of Law informs us That such who burned houses in times of peace and were therof convicted shall be burned so as they shall be punished by the selfesame thing wherein they offend And THE SAME JUDGEMENT have Sorcerers and Sorceresses and Sodomites and MISCREANTS or HERETICKS openly attainted who are to be enquired after And this was no new Law as appears by the preamble of the King to this Booke but les leys que len ad use en nostre Royalme AVANT SES HOVRES Therefore it is cleare by this Authority that the burning of Hereticks was in use before this Kings reigne though we find few or no presidents of it and inquirable by the Justices and other temporall Officers of the King as Britton writes in this chapter but not by the Bishops and Clergy further then to Excommunicate them Andrew Horne in his Myrrour of Justices written in the end of King Edward the first or at least in King Edward the second his reigne hath these severall passages concerning Heresy and its punishment as Chap. 1. Sect. 4. p. 21 22 23. where speaking of Crimes and their Division of the Crime of Treason he writes thus Crime of Majesty or Treason is an horrible sinne done to the King and this is either to the KING CAELESTIAL or Terrestriall Against the King of heaven in three manners by HERESY Sorcery Sodomy HERESY is an evill and false beliefe arising from Error in the right Christian faith In this sinne is Sorcery and Divination which are members of heresy and arise from an evill beliefe After which he enumerates the severall sorts of Sorceries and Divinations contrary to the Law of God and the Church and to the right faith for which they are to be apprehended and removed from among the people of God that so no good Christian may be taken with their act nor partner with their sinne Chap. 2. Sect. 22. p. 141 142. he writes thus Of the Crime of Treason or Majesty there is no especiall or large Enditement but OF HERESY and Sorcery Of which if any be indited and drawn into judgment this is the Inditement pronounceable for the King by any of his people in this manner according as it is found IN THE ROLLES OF ANCIENT KINGS I say Sebourge here is defamed by good people of the THE CRIME OF HERESY for this that from an ill art and beliefe forbidden and by charmes and enchantment he took from Brightient by name on such a day c. the flower of his beare by which he lost the vent c. Or thus Molling who is here is defamed by good men that on such a day c. he renounced his baptisme and caused himselfe to be circumcised and became a Jew or Saracen or offered or sacrificed unto Mahomet in despite of God and in damnation of his soule and this sinne he did FELONIOVSLY
c. And if he will deny it I am ready to prove it for the King as belongs to the King to do Chap. 4. Sect 11. p. 42. he defines that deadly sinnes are to be punished with death and mortall paine and that such punishments are warranted by the old Testament and to be inflicted to prevent eternall death After which Sect. 14. p. 252. Of the punishment of Treason he determines thus That Sodomy is to be punished with burying the party alive under ground Sorcery by burning in the fire The JVDGEMENT OF HERESY is fourfold The 1. is Excommunication the 2. Degradation the 3. Disinherison the 4. dee' ARSE en Cinders TO BE BVRNED TO ASHES By this punctuall Authority of Horne it is most cleare to me First that Hereticks and Apostates as well as Sodomites and Sorcerers even as they were Hereticks were inditable and triable at the Kings suite in the King Courts by the very common Law of England without any precedent conviction of Heresie by the Ordinary of the Diocesse or by a Nationall or Provinciall Synod and that the Judges of the common Law when any Heretick or Apostate was to be proceeded against criminally and capitally for his life were to judge what was Heresie and what not not the Bishops or Synod only as well as in the case of a r Prohibition or Habeas Corpus 2. That such Inditements were usuall and a set forme of them used and pursued in Edward the first his raigne and were then to be found in the Rolls of ancient Kings long before him therefore were then of long of ancient use and warranted by the ancient common Law of England before his raigne 3. That the Bishops and Clergy could punish heresie onely with Excommunication and Degradation not with death ◠4. That by the ancient Common Law of England in Edward the first his reign and in the reigne of ancient Kings before him Heresy as heresy and Sorcery only as Heresie and a branch thereof and under the name of heresy was inditable in the Kings Court at the Kings suite and punished with burning to death and so the writ De Haeretico Comburendo if necessary when grounded upon the Judges sentence warranted by the common Law and the judgement of burning given by it long before any Statute made against Heresy in the reigne of Richard the second or Henry the fourth 5. That Hereticks and Apostates who are such indeed may at this day be indicted for their heresy and Apostacy in the Kings Bench or at the Assises by the very common Law of England and upon sufficient proofes be there convicted condemned and adjudged to be burnt this power of the Judges at common Law to try and condemne Hereticks being not now restrained by any Statute nor taken away by the Statute of 1. Eliz. cap. 1. which repeales all former Statutes against Hereticks or Heresy which only concerned Bishops Ordinaries and their proccedings in case of Heresie grounded on them not the King or his Judges The next Authority I shall cite is that of Fleta written by a learned Lawyer imprisoned in the Fleet as Sir Edward Cooke informes us in Edward the third his raigne and taken for the most part out of Bracton lib. 1. cap. 3. Christiani Apostatae Sortilegii hujusmodi DEBENT COMBVRI Contrahentes verò cum Judaeis vel Judaeabus pecorantes Sodomitae in terra vivi confodiantur per testimonium legale vel publicè convicti A cleare Authority that Apostates which comprehends all such as fall into Heresy Judaisme or Paganisme after they have embraced the true Christian orthodox faith South-sayers and such like which comprehends Hereticks likewise OVGHT TO BE BURNT even by the common Law then in use and that Christian who turned Jewes and Sodomites were to be buried alive After this Wickliffe and his followers called Lollards infesting the Pope and Prelates with their Doctrines and invectives against their Antichristian Tenets and impostures they being greatly favored by some Nobles and eminent Knights about the end of the reigne of King Edward the 3. and beginning of Richard the second the Prelates bearing then great sway in the Kingdome not daring to trust the Judges with the Triall of these New Hereticks as they stiled them taking hold of the President in the Councell at Oxford in King Henry the seconds raigne forecited and of the practise of the Pope and Popish Prelates in forraign parts took upon them in their Synods Convocations and likewise in private Consistories to condemne these Lollards for hereticks and upon their sentence there passed without any Inditement or triall at the common Law procured a writ which they might easily do being then Lord Chancellors and Lord Privie Seales for the most part De Haeretico comburendo to be directed in the Kings name to the Sheriffes of Counties and Mayors of Towns to burn such for Hereticks whom they alone had thus condemned before there was any Statute chiefly upon this ground that hereticks by the judgment of the common Law upon Inditements and Convictions in the Kings Courts were to be burned This is evident not onely by the Bishops proceedings in their Consistories against John Wickliffe John Aston Philip Repington Nicholas Harford William Swinderby and Walter Brute but also by that forme of writ de Haeretico Comburendo mentioned in Fitzherberts Natura Brevium f. 269. c. which was made in Parliament by the King and Lords for the burning of William Sautre a godly Martyr condemned of heresie in the Convocation at the earnest sollicitation of Thomas Arundel Archbishop of Canterbury in the 2. year of King Henry the fourth and burned by vertue of this writ the first Martyr we read of burnt by vertue of such a writ granted meerly upon a sentence given by the Prelates themselves without an Inditement and Judgment at Common Law This writ for his burning made without the Commons is thus translated into English by Mr. Fox The King c. to the Mayor and Sheriffs of Loadon greeting y Whereas the reverend Father Thomas Archbishop of Canterbury Primate of England and Legate of the Apostolike Sea by the assent consent and counsell of other Bishops his Brothers Suffragans and also of all the whole Clergy within his Province gathered together in his provinciall Councell the DUE ORDER OF LAW BEING OBSERVED in all points in this behalfe hath denounced and declared by his definitive sentence William Sautre sometimes Chaplaine fallen again into damnable heresie the said William had abjured thereupon to be A MOST MANIFEST HERETICK and therefore hath decreed that he should be degraded and hath for the same cause degraded him from all prerogative and priviledge of the Clergy decreeing to leave him unto the secular power and hath really so left him ACCORDING TO THE LAWES AND CANONICALL SANCTIONS SET FORTH IN THIS BEHALFE We therefore BEING ZEALOVS IN RELIGION and REVEREND LOVERS OF THE CATHOLIKE FAITH and of Justice
willing and minding to maintain and defend the holy Church and the Lawes and Statutes of the same TO ROOT ALL SVCH ERRORS and HERESIES OUT OF OUR KINGDOME OF ENGLAND as much as in us lies and the hereticks so convicted to punish WITH CONDIGNE PUNISHMENT and considering that such hereticks convicted and condemned in forme aforesaid both ACCORDING TO THE LAW OF GOD AND MAN AND THE CANONICALL INSTITUTIONS IN THIS CASE ACCUSTOMED OUGHT TO BE BURNED WITH FIRE We command you as straitly as we may or can firmely injoyning you that you do cause the said William being in your custody in some publike and open place within the Liberties of your City aforesaid the cause aforesaid being published to the people TO BE PVT INTO THE FIRE and IN THE SAME FIRE REALLY TO BE BVRNED to the great horror of his offence and the manifest example of other Christians and this upon the perill that will fall thereupon you may by no means omit Teste Rege apud Westm 26. Febr. Anno Regni sui 2. This condemnation of Sautry and writ for his burning was in time before the Statute of 2. H. 4. passed in Parliament and was made by advise of the Lords Temporall in Parliament only without the Commons as the Parliament roll demonstrates Soone after which one John Badby was likewise burned by vertue of a like writ and sundry others after him From this writ I shall observe First that by the Canonicall Law and Sanctions generally used and received in England and in forraign parts Bishops both in their Synods and Consistories usurped authority to convict condemn Hereticks and deliver them over to the secular power to be corporally punished which is further cleared by the expresse words of the Statute of 2. H. 4. cap. 15. but they could neither attach nor imprison them before that Act in this Kingdome 2. That the burning of Hereticks with fire was not introduced by the Statute of 2. H. 4. or this writ then first made by advise of the Temporall Lords but was a punishment accustomed in this case according to the Law of God and man and canonicall institutions used in this Realme long before this Act made as the very words of the writ compared with this Statute of 2. H. 4. made in Parliament in the same yeare soone after this Writ attest 3. That this writ framed in Parliament for Sautry onely not others made in time somewhat before this Statute the same Parliament makes no recitall at all of this Statute as it ought to do if grounded on it therfore not ordained by it What alterations then did this Statute make of the Law in former times used in this case only these First it gave power to Ordinaries and Diocesans to cause to be arrested and kept in safe custody such who were suspected or defamed of Heresy or keeping hereticall Bookes and writings till they did canonically purge themselves or abjure their heresies 2. It gave them power to fine such persons to the King 3. If any person convicted before them of heresie refused to abjure his Heresy or relapsed againe into it after abjuration it gave them Authority to turne him over to the secâ—lar Court and after sentence of Heresie passed against him in the presence of the Sheriffe of the Shiere or Mayor or Sheriffes and Bayly of the Corporation where such Heretick was proceeded against whom this Act enacted the Diocesan or his Commissary to summon to be personally present at the sentencing of Hereticks it enjoyned these secular Officers to give assistance to the Diocesan of the same place and his Commissaries in this case and without any further Inditement triall or judgement at common Law formerly used in cases of heresie when capitally proceeded against after such sentence pronounced without any writ de Haeretico Comburendo to receive the same person so sentenced into their custody and to cause him to be burnt in an high place before the people that such punishment might strike feare into the minds of others to deterre them from such wicked Doctrines and hereticall erroneous opinions and the said Sheriffs Majors and Bayliffs of Counties Citties Burroughs and Townes were to be attending ayding and assisting to the Diocesans and Commissaries in such cases which they were not bound to be before as appeares by the expresse words of the Act. 4ly It gave every Bishop and his Commissary power to question and condemne Hereticks in their Consistories and then to deliver them over to the secular powers to be burned which none but a Synod or Convocation for ought appeares by any Presidents could do before So as the maine alteration wrought by this Act was That these temporall Officers were to be â—…ending ayding and assisting to the Ordinaries and their Commissaries and present at their sentence given against Hereticks and after sentence passed by them alone without any indictment Iudgement verdict at Common Law or Writ of the Kings to burne them to Ashes by which the lives of all were made subject to the Convocations yea to every Ordinaries and Commissaries power alone and that without and before any lawfull triall by their Peers or any legall indictment or conviction â—ccording to the Law of the Land contrary to Magna Charta ch 29. 5. Ed. 3. â— 9. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 15. E. 3. Stat. 1. c. 3. 4. 37. E. 3. c. 18. 42. E. 3. c. 3. This was the great grievance introduced by this Act and the cause of its repeale and of all other Statutes of this kinde by 1. Eliz. c. 1. So as this Statute of Hen. the fourth was no â—â—tâ—oduction of a new Law but only a confirmation of the Common Law as to the punishment it selfe of burning Hereticks as is evident by the premiâ—e though introductive of a new Law in the manner of proceeding and other precedeâ—t reâ—pect And in this sence Mr. Fox his words are tâ—â—e That hithe to â— till the making of 5. R. 2. 2 H. 4. The Popish Clergie had not authority sufficient by any Politick Law or Statute of this Land to proceed unto death against any person whatsoever in case of Religion but only by the usurped tyranny and example of the Court of Rome But yet the King and his Iudges had power to proceed against imprison and burne Hereticks to death by the Common Law though the Ordinary had not as I have proved This law gave the Ordinaries and Clergy a new power in this respect to condeme and burn such as they held Herticks which they had not before Hence the Pope sent his Letters to King Richard the second to suppresse Wiccliffe and his followers and bring them to condigne punishment and to be assistant to the Bishops herein qui in prosecutione istius negotij noscuntur favore AVXILIO TVAE CELSITVDINIS INDIGERE Whereupon the King writ Letters to the Vniversity and Chauncellor of Oxford to apprehend imprison and convict them
for their tenents which they could not doe but by this royall command by any Ecclesiasticall Iurisdiction then in use Fitzherbert a learned Iudge in his Natura Brevium written in Henry the 8. his Raigne fol. 269. determines thus Note it appeares by Britton in his Booke that Hereticks shall be burned and it appeares by that Booke THAT THIS IS THE COMMON LAW But Note that the person who shall bee burnt for Heresie ought to be first convicted thereof by the Bishop which is his Diocesan where he abides abjure the same after if he relapse into this Heresie or any other be condemned thereof in the said Diocesse then he shal be delivered to the secular power by the Clergy to do with him as the King shall please and then it is like the King may pardon him if he will or grant a Writ De Haeretico comburendo to burne him Then reciting the ancient forme of the Writ forecited he proceeds thus And by this Writ it appeares that a Man ought to be convicted of Heresie by the Archbishop and all the Clergy of his Province abjured of the same and after newly convicted condemned by the Clergie of his province and that in their generall Councell of Convocation But now by the Statute of 2. H. 4. c. 15. it is ordained that any Bishop in his Dioâ— may convict a man of Heresie and adjure him after relapse newly convict condemne him thereof and warne the Sheriffe or other Officer to take and put him into the fire c. and this the Sheriffe or other Officer ought to do by the Bishops precept and that Without any Writ to be directed to them By the King to doe iâ— And this is the cause as it seems that this writ is not put in the new Registers because this writ will not serve nor ought to be sued at this day but it is void and nul in Law by reason of this Act. But now by the Statute made in 25. H. 8. c. 14. this Statute of 2. H. 4 is repealed and made voyd and now it is ordained by this last Statute that he who is abjured of Heresie and after falls in relaps and is convicted of it before the Ordinary that yet the Ordinary ought not to commit him to the lay power to burne him without the Kings writ De Haeretico comburendo first purchased thereupon as appeares by the said Act more at large Sir Ed. Cooke in the 3d. Part of his Institutes c. 5. p. 39. 40 41. writes that it appeareth by Bracton Britton Fleta Stamford and All our Bookes that hee that is duly convict of Heresie shall be burnt to death even by the Common Law That the Dioâ—ae an hath Iurisdiction of Heresie and so it hath bin put in are in all Queene Elizabeths Raigne and accordingly it was resolved by Fleming Chiefe Iustice Tanfield chiefe Baron Williams and Crooke Iustices Hil. 9. Iaâ— R. in the care of Legate the Hereticke that upon a conviction before the Ordinary of Heresie the writ De Haeretico comburendo doth lie The Ecclesiasticall Iudge at this day cannot commit the person that is convict of Heresie to the Sheriffe albeit he be present to be burnt but must have the Kings writ De Haeretico comburendo According to the Common Law For now all Acts of Parliament are repealed And the reason why Haeresie is so extreaâ—lâ— and fearefully punished is for that Gravius est aeternam quam temporalem ledere majestatem The party duly convicted may recall and abjure his opinion and thereby save his life but a relapse is fatall For as in case ' of a disease of the Body after a recovery recidiuation is extreamely dangerous So in case oâ— Heresie a disease of the soule a relapse is incurable And as he who is a Lâ—per of his body is to be removed from the society of men least he should infect them y the Kings Writ De Leproso amovendo So he that hath Lepram animae that is to be convicted of Heresie Shall be cut off least he should poyson others by the Kings Writ De Haeretico comburendo But if the Hereticke will not after conviction abjure he may by force of the said Writ be burnt without abj ration He addes that when an Act of Parliament is made concerning matters meerely spirituall as Heresie yet that Act being part of the Lawes of the Realme the same shall be construed and interpreted by the Iudges of the Common Law who use to conferre with those that are learned in that profession which hee proves by the resolution in Iohn Keysers case Mich. 5. E. 4. rot 143. Coram Rege and Hillary Warners case M 11. H. 7. rot 327. in the Common Pleas This is cleare by the Authority of the Councell at Oxford under Tho. Arundell Archbishop of Canterbury Anno Dom. 1448. for the punishment of Hereticks and suppression of Heresies In uberiorem fortificationem juris communis in hac parte as the Constitutions of it determine which likewise informe us Quod licet inter crimen Haeresis lesae Majestatis in legibus diversis quaedam paritas reputetur est tamen dissimilis culpa paenamque exigit GRAVIOREM divinam quam humanam offendere Majestatem By which Authorities it is cleare to me First that our Kings in ancient times did at first make use of Synods and Convocations only to advise them what was Heresie and Apostacy what not not to convict and condemne Hereticks to be burnt and that Heresie and Apostacy are offences inquirable inditable and triable in a criminall way at the Kings suit in the Kings Courts before his Iustices by the ancient common Law of this Realme and punishable after indictment and conviction by BVRNING death if not forfeiture of Lands as in case of Treason against the King himselfe 2ly That the Writ De Haeretico comburendo is grounded and warranted by the common Law not introduced by the Statutes of 2. H. 4. c. 15. or 2. H. 5. c. 7. which neither prescribe nor make mention of it the Statute of 25. H. 8. â— 14. being the first Act that names it as well as the writs De Excommunicato capiendo Apostata Capiendo introduced by the common law withoutany Act of Parliament with the writ ad deliberandum Clericum Ordinario and the like 3ly That the Statutes of 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. during the time they were in force tooke away this power from the Iudges to condemne He reticks giving them authority only to enquire after them returne their Inquisitions to the Ordinaries by way of information not conviction or evidence vesting all the power of condemning Hereticks in the Convocation Ordinaries and their Commissaries during their continuance which Statutes being repealed by 1 Eliz. c. 1. the common Law is thereby revived Therefore the Iudges at this day by the ancient common Law of Engl. may indict and condemne
Lollards and such as they then deemed Hereticks but death it selfe in case they abjured not their Heresie upon a Conviction and sentence of Heresie before the Ordinary or his Commissary to whom all Sheriff Majors and other Civill Officers were enjoyned to be assistant and present at their Sentences of condemnation if required and upon their Sentence alone without any Writ de Haeretico comburendo or Order from the King they were to burne the persons condemned and not abjuring in a publique place to terrifie others as you may read in the printed Act it selfe which differs something from the record 7. H. 4. Rot. Parl. nu 62. there was a like Petition exhibited by the Prelates for a new and severer Law against the Lollards and that all might apprehend and enquire of such and no Sanctuary might be granted to them wherein the name of the Commons was used by meanes of Sir Iohn Ticketoft and others but this iâ— seemes miscaried and was never printed or published by the Prelates as the former was The next law against Heretiks is 2. H. 5. c. 7. which ratified the former Acts prescribed an Oath to Sheriffes and other Officers to assist and attend the Ordinaries in prosecution of Hereticks Lollards Added a confiscation of the lands Goods and Estates of such as were convicted of Heresie and delivered over to the secular power whether they were executed or burnt or not and of all hereditaments of Lands in others for their use and ordered Iudges of Assise and Iustices of Peace in their Sessions to enquire after Hereticks their fautors maintainers Bookes Writings Sermons Conventicles and to apprehend them to transmit their inquiries to the Ordinaries or their Commissaries to informe them but not to be used as evidence the Ordinaries being left to proceed according to the lawes of Holy Church This Act restrained the Iudges and Iustices power to punish Heretickes unpon Indictment by the Common Law and made Heresie no civill but an ecclesiasticall offence only for the present as some of our Law-Bookes stile it After this the Statute of 25. H. 8. c. 14. repeales the Statute of 2. H. 4. for these foure reasons mentioned in the Preface of it First because that Act doth not in any part thereof declare any certaine cases of Heresie contrary to the determination of Holy Scripture or the Canonicall Sanctions therein expressed whereby the Kings loving and obedient Subjects might be learned to eschew the dangers and paines in the said Act specified or to abhorre and detest that foule and detestable crime of Heresie 2ly Because these words Canonicall Sanctions and such other like contained in the said Act are so generall that the most expert and best learned man of this Realme diligently lying in wait upon himselfe cannot eâ—chew and avoid the penalty and dangers of the said Act and Canonicall Sanctions if hee should be examined upon such captious interrogatories as is and hath beene accustomed to be ministred by the Ordinaries of this Realme in cases where they will suspect any person or persons of Heresie 3ly For as much as it standeth not with the right order of Iustice or good equity that any person should be convict and put to the losse of his life good name or goods unlesse it were by due accusation and witnesses or by presentment verdict confession or Outlawarie since by the Lawes of the Realme for Treason committed to the perill of the Kings most royall Majesti upon whose surety dependeth the wealth of this whole Realme no person may or can be put to death but by presentment verdict confession or processe of Outlary 4ly For that there be many Heresies and paines and punishments for Heresies declared and ordained in and by the said Canonicall Sanctions and by the Lawes and Ordinances made by the Popes and Bishops of Rome and by their Authoritie for holding doing preaching or speaking of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but Humane being meere repugnant and contrarious to the Prerogative of the Kings imperiall Crowne regall jurisdiction Lawes Statutes and Ordinances of this Realme by reason whereof his people of the same observing maintaining defending and due executing of the said Lawes Statutes and Prerogative Royall by Authority of that Act of 2. H. 4. may be brought into slander of Heresie to their great infamy and danger and perill of their lives Neverthelesse for as much as the most foule and detestable crime of Heresie should not go unpunished but be utterly abhorred detested and eradicate nor that any Hereticks should be favoured but that they should have condigne and sufficient punishment for the repressing of Hereticks such erronious opinions in time comming It enacts That the Statutes of 5. R. 2. 2. H. 5. c. 7. for the punishment and reformation of Hereticks and Lollards and every provision therein not repugnant to this Act shall stand in full strength and that Sheriffes in their Townes and Stewards in their Leets Rapes and Wapentakes shall have power to inquire of Heretickes as of common Annoyances and to certifie their inquiries to the Ordinary in such manner as the Justices of Assise and of the Peace might doe by the Statute of 2. H. 5. c. 7. and that the Ordinaries after such presentment and indictment proved by the Oath of two lawfull witnesses at the least and not otherwise or by any other meanes might convict convent arrest and apprehend such persons presented or indicted of any Heresie And that he that happened to be lawfully convicted before the Ordinary in his open Court and in open place of the Heresie whereof hee was accused or presented shall abjure the same and if he refused and renounced the same then he should do such reasonable penance for his offence as shal be limited by the discretion of the Ordinaries And if he refused to abjure or after abjuration fall into relapse and were duely accused or presented and corvict thereof as aforesaid that then in such cases he shall be committed to Lay power TO BE BVRNED in open places for example of others as hath been accustomed the Kings Writ De Heretico comburendo first had and obtained for the same And it likewise provides that no manner of doing speaking or communication or holding against any Lawes made by the Bishops of Rome or by their Authority for the advancement of their owne worldly glory and ambition given them by humane Lawes or Policies and not by Holy Scripture contrariant and repugnant to the Lawes of this Realme and the Kings Prerogative Royall shall be deemed reputed accepted or taken to bee Heresie After this in 31. H. 8. c. 14. 34. H. 8. c. 1. 35. H. 8. c. 1. severall Lawes were made to punish certaine particular points of Doctrine commonly called the Six Articles with death and the losse of Goods as you may read at large in the Acts themselves the last whereof somewhat mitigates and explaines the former These Lawes proving very
boody to the true Professors of the Gospell thereupon the Statute of 1. Ed. 6. c. 12. repeald and utterly made void all Lawes and Statutes formerly made concerning Hereticks or opinions in Religion and so they continued repealed during all King Edward the sixt his Reigne But Queene Mary comming to the Crowne and restoring the Popes and Prelates exploded Jurisdictions thereupon The Statute of 1. 2. Phil. and Maryâ— 6. revived them all in whose Reign they were put in vigorus execution to the destruction of many Godly Christians as we may read at large in Mr. Fox his Acts and Monuments vol. 3. But shee deceasing and Queene Elizabethâ—â—cceding â—â—cceding The Statute of 1. Eliz. c. 1. repealed all these Lawes againe revâ—ed by Queene Mary and leaves Ordâ—… and the High Commissioners liberty to proceed against Heretickes only by Ecclesiasticall Censures with thes provisoes Provided alwayes and be it enacted as is aforesaid that no manner of Order Act or determination for any matter of Religion or cause Ecclesiasticall had or made by the Authority of this present Parliament shall be accepted deemed reputed or adjudged at any time hereafter to be any Errour Heresie Schisme or Schismaticall opinion any Order Decree Sentence Constitution or Law whatsoever the same be to the contrary notwithstanding Provided always be it enacted by the Authority aforesaid that such person or Persons to whom your Highnesse your Heires or Successors shall hereafter by Letters Patents under the Great Seale of England give Authority to have or execute any Jurisdiction Power or Authority Spirituall or Temporall or to visi Reforme Order or Correct any Errors Heresies Schismes Abuses or Enormities by vertue of this Act shall not in any wise have Authority or power to order determine or adjudge any matter or cause to be Heresie but only such as heretofore have beene determined ordered or adjudged to bee Heresie by the Authority of the Canonicall Scriptures or by the first 4. Generall Councells or any of them or by any other Generall Councells wherein the same was declared Heresie by the expresse and plaine words of the said Canonicall Scriptures or such as hereafter shall be Ordered judged or determined to be Heresie by the High Court of Parliament of this Realme with the assent of the Clergie in their Convocation any thing in this Act contained to the contrary notwithstanding So as this Act defines what shall be adjudged and punished as Heresie by the High Commissioners and may serve for a good Rule to the Judges and Parliament now to proceed by in judging what shall be reputed reall Haeresie and Blasphemy in future times But this clause of this Act is now repealed by an Act of this present Parliament which takes away the High Commission and so all Statutes concerning Heretickes or Heresie are now wholly repealed and the Ordinaries power to punish them totally abolished by the Ordinances abolishing Episcopacy Yet this is observable that both before and after the repeale of all Statutes concerning Haeresie by 1 Eliz. c. 1. some reall Heretickes and Anabaptists were condemned and burnt for Haeresie by vertue of the Common Law of England I read if Fox his Acts and Monuments that in King Henry the 8. his Reigne in the yeare of our Lord 1535. ten Datch men accounted for Anabaptists were put to death in sundry places of the Realme and that other tenne repented and were saved and two of the said Company pardoned by the King albeit the definitive sentence was read And well might they deserve this sentence if our learned Martyr John Philpot may be credited who writes in a godly Letter to a friend of his That Axentius one of the Arrian Sect with his Adherents was one of the first that denyed the Baptisme of Children and next after him Pelagius the Hereticke and some others that were in St. Bernards time and in our dayes the Anabaptists an inordinate kinde of men stirred up by the Devil to the destruction of the Gospel So he o An. 1538. Two Anabaptists were burned in Smithfield three then bore fagots and abjured the Realme but this was before these Acts repealed After their repeale in the 17. yeare of Queene Elizabeth Anno 1575. A congregation of Anabaptists being Dutch-men was discovered in a House without the Barres of Aldgate LONDON 27 of them were taken and sent to Prison 4. of them bearing Fagots recanted their Haereticall opinions at Pauls Crosse the 5th day of May The 21. of May one man and two women Anabaptists Dutch were in the Consistory at Pauls condemned to be burnt in Smithfield after great paines taken with them the Women were converted and the Man banished Nine Women of them and a Man were publikely Carted and whipped by the Sheriffs Officers on the first of Iune and then carried to the Water side from Newgate and shipped and banished never to returne more into England The 22. of Iuly two Dutchmen Anabaptists were burned in Smithfield who died with great horror roaring and yelling And by this meanes England was then preserved from their infection Anno 1579. being 21. Eliz. Mathew Hamant for execrable Haeresie and Blasphemy not fit to repeat against Christ and the Holy Ghost and denying their Deity and the use of Baptisme and Sacraments in the Church was on the 13. day of April condemned at Norwich by the Bishop of the Diocesse in his Consistory as an Haeretick and on the 20th of May burned publikly in the Castle of Norwich his Eares being first cut off in the Market place for horrible blasphemy against the Queene r Anno. 25. Eliz. on the 18. day of September one Iohn Lewes who named himselfe Abdeit an obstinate Haereticke denying the Godhead of Christ and holding divers other damnable Haeresies much like his Predecessor Hamant WAS BVRNED AT NORWICH Hil. 9. Jacobi one Legat was juditially convented convicted and condemned by the Bishop of the Diocesse for his Heresie and it was resolved by the Judges of the Kings Bench that a Writ De Haeretico comburendo lay upon the judgement and some say he was burnt accordingly 9. Jacobi 19. Novembris Anno Dom. 1611. one Edward Wrightman of Burton upon Trent was convented before Richard Neale Bishop of Coventry and Litchfield for denying the Trinity the Deity of Christ and of the Holy Ghost and affirming himselfe to be Christ and the Holy Ghost and the Scriptures spoken of them to be meant of himselfe all which he affirmed and justified in his Answers to his Articles and persisted in the same after many conferences whereupon on the 5th of December following he was condemned for an obstinate and incorrigible Haereticke and excommunicated with the great Excommunication and adjudged by the Bishop to be delivered over to the secular power to be capitally punished according to the Atrocity and haynousnes of his crimes and Blasphemies whose Articles and sentence I have in my custody Whether he were actually burnt or reprived as one frantique
and distracted as some esteemed him I cannot certainely determine All these were thus censured and some of them put to death by the common Law since the Statutes against Hereticks were repealed why any scruple of putting such obstinate grosse Haereticks and Blasphemers to death upon a legall Indictment and Conviction before the Judges after the ancient course of the Common Law should now be made I can see no colour unles our love to our zeale for God Religion be farre lesse farre colder then our Predecessors or those very Lordly Prelates whom we have suppressed and our solemne Covenants Protestations to make a thorow Reformation of all corruptions in Doctrine Disciplin life an engagement to us to tollerate such most execrable Heresies Errors and open Blasphemies which the most unreformed times persons would by no meanes suffer without speedy condigne corporall and capitall punishments I shall only adde to this that by the Statutes of 5. Eliz. c. 1. 23. Eliz. c. 1. 3. â—7 Eliz. c. 1. 28. Eliz. c. 6. 35. Eliz. c. 1. 2. 39. Eliz. c. 18. 43. Eliz. c. 9. 1 Jac. c. 4. 3. Jac. c. 4. 5. 7. Jac. c. 6. 3. Car. c. 2. Jesuites Seminarie Priests Monkes Friars who receive Orders by any power derived from the See of Rome if borne within the Kings allegiance are to be indicted in the Kings temporall Courts and condemned yea executed as Traytors if they do but say Masse exercise their Priestly sanctions or endeavour to seduce any of the Kings Subjects from their Religion and Allegiance though they do it as they conceive meerely out of conscience and duty to God and their Ecclesiasticall Superiors upon which Statutes many of them have beene executed as Traytors and some of late by the present Parliaments speciall direction when the King himselfe would have reprived them The voluntarie Harborers of them knowing them to be such are by the Lawes to be indicted and executed as Fellons and the late Archbishops familiarity correspondence and confederacy with Priests and Jeâ—uites to introduce Popish Superstition and subvert the established Protestant Religion was charged against him by the whole House of Commons as a Treasonable and Capitall offence for which among other things he lost his head by the unanimous Judgement of both Houses of Parliament Such Popish Recusants or others who bring in any of the Popes Bulls or Excommunications into this Realme or publish them here though out of a seduced Conscience are to be executed as Felons by these Lawes or at least attainted in a Praemunire to the losse of their Estates and Libertyes Such Popish Recusants who are convicted for not repairing to Church and receiving the Sacraments among us are to forfeit two parts in three to be divided of their whole reall and personall Estates to the King to pay an hundred pounds for every Masse they heare and forfeit twenty pounds a Month for absenting themselves from Divine Service and Sermons in some Church or Chappell which lest eâ—alty of twenty pounds a Month for absence from the publike Ordinances all Schismaticks and Separatists incurre by these Lawes as well as Papist All such Recuâ—ants or Separatists who resuse the Oath of Allegiance and Supremacy incurre a Praemunire are to be imprisoned and made uncapable of any Office The importers of Popish Books Pictures Reliques of any kinde are subject to divers pecuniary Penalties Recusants themselves to be confined to their Houses disarmed secluded from the Court and all places of trust disabled to practise Law or Phisick and in some cases to inherit Lands to sue any Actions to be Executors or Administrators and to forfeit all their goods estates Dowers Iointures during their naturall lives as these Statutes declare at large And besides this they are to be excommunicated ipso facto and so utterly disabled to bring any action at Law and all this in relation to their false hereticall and detestable Religion which oft incites them to sedition Rebellion Treason against the King Kingdome Parliament And are all to be indicted and tried in these cases in the Kings Courts only according to the Rules of the Common Law These Lawes are still in force and executed to the full against them now and it was a great complaint yea charge against the King and his ill Councell in this and former Parliaments that they suspended or mitigated these Lawes against Popish Priests and Recusants And shall we then tollerate other dangerous Hereticks Schismatickes Blasphemers and Enemies of our established Religion yea and plead for a common tolleration of them when our Lawes are so justly rigorous and our selves so vehement against these God forbid As for obstinate Schismaticks who wholy separate from our Churches or publike Assemblies and are no Papists as they forfeit twelve pence for every Lords day and twenty pounds for every month they absent themselves from our publike Congregations by the Statutes of 1. Eliz. c. 2. and other recited Acts So by the Statute of 35. Eliz. c. 1. yet unrepealed they are to be imprisoned without Bayle or mainprise upon conviction untill they conforme themselves and repaire constantly to our Churches and if within three monthes after their Conviction they refuse to conforme and to repaire duly to our Churches or Chapells they are thereupon to take an Oath of Abjuration to depart the Kingdome in the open Quarter-Sessions or Assises before the Justices within such time as shall be limited and in case they refuse to abjure or shall not depart the Realme after such abjuration made or returne into it or into any the Kings Dominions againe without speciall license of the King first obtained then in every such case the person so offending Shall be adjudged A Felon and suffer death as in case of Felony without benefit of Clergy And every person who shall knowingly releive harbour maintaine or keepe in his house or service any such obstinate Separatist or Schismatick who shall-refuse to repaire to our Churches or Chappell 's shall after notice thereof by the Ordinary or any Justice of Peace or the Minister Curate or Churchwardens of the parish where such person shall then be forfeit ten pounds for every Month that he shall so relieve maintaine retaine or keepe any such person so offending Which Act alone if now duly executed would speedily suppresse ot quit our Church our State of all those dangerous Anabaptists Sectaries and seperating Enthusiasts who now so much infest and threaten tuine unto both I wish all such would seriously read Ephes 4. 1. to 7. Rom. 16. 17. 18 1 Cor. 1. 9. 10 14. 2 Pet. 2. Jud. 19. St. Cyprians Book de Vnitate Ecclesiae and St. Augustins Bookes and Epistles against the Donatists which would teach them to renounce their dangerous Schisme and prevent the execution of this good Law against them How variously Hereticks themselves with their Fautors and Followers are to be punished by the Canon Law to wit with excommunicution losse of trading and commerce with others
Orleans Artic. 35. An. 1585. and King Henry the 4th of France An. 1534. enacted these severall Laws against Swearers Blasphemers We inhibit and defend all persons of what estate quality and degree soever they be to renounce grieve dispight or blaspheame or use any other villanous and detestable speeches against the honour of God and his holy Mother upon paine to be condemned for the first offence at such a fine as the Iudge shall think fit to assesse one part whereof shall accrue to the King the other to the fabrick of the Church the third â—â— the enformer and for the second third and fourth offence â—â—â—â—â—e shal be doubled trebled and quadruplied and for the â—â—â—â— oâ—â—ence he shall be imprisoned eight houres and there be liable to all the crimes villanies and obloquies that any will cast upon him and shall make such further amends as the Iudge shall arbitrate and for the sixt offence he shall be set on the Pillory and there have his upperlip branded with an hot Iron so as his Teeth may appeare And for the 7. offence he shall be brought and set on the Pillory and there have his lower lip branded with an hot Iron And if he sweare and offend any more he shall have his Tongue cut off The Council of Lueran under Leo the ninth Sess Tit. Reformationes curia et aliorum to abolish execrable blasphemy which then out of measure prevailed to the greatest contempt of Gods name and of his Saints ordained That whosoever should openly or publikely curse God or blaspheame the name of Iesus Christ or of the Glorious Virgin with contumelious and obscene words if hee were a publike Officer or had jurisdiction he should for the first and second offence forfeit all the profits thereof for three Monthes and for the third be deprived of it If a Clergy man he was to forfeit one whole yeares profits of al his Ecclesiastical livings for his first offence For the second to be deprived of his Living if he had but one benefice of which benefice the ordinary pleased if he had more then one And for the third offence upon conviction to be deprived of al his dignities and benefices and made uncapable to retaine them But a Layman blaspheming if he be a noble man shall for the first offence pay 25. Duckets and for the second offence fifty to be bestowed on the fabrick of the chiefe Church in the City and for the third offence shall loose his Nobility If an ignoble person or plebeian he shal for the first offence be imprisoned if hee shall above twice publikely blaspheame he shall stand for an whole day together before the Dores of the principall Church with an infamous Miter on his head If he shall lapse againe into the same sinne he shall be condemned unto perpetuall prison or to the Gallies at the pleasure of the Iudge In the Court of Conscience he that is guilty of Blasphemy cannot be absolved with out Greivous penance And we further ordaine that secular Iudges who shall not as much as in them lies punish those who are convicted of Blasphemy with just punishments shall be subject to the same punishments as the Blasphemers themselves as guilty of the same sinne And all that shall heare any to blaspheame are enjoyned to informe against them by this Councells decree Hamant and Lewes as well for their execrable Blasphemies as Heresies were By the very common Law without any Statute condemned and burnt in Queene Elizabeths Raigne at Norwich and no doubt Blasphemers may be indicted and punished by the common Law with death as well as Heretickes and Apostates for opeâ— execrable blasphemy By the Statute of 21. lac â— 20. all prophane swearers and cursers shall forfeit twelve pence for every Offence and Oath to be levyed by distresse for the use of the poore and sit in Stocks for three houres if no distresse be to be had if the Offendor be above twelve yeares old and to be whipped publikely if under Too small a punishment as some conceive for so execrable a sinne By the late Articles of Warre for the conduct of our Armies under the Earl of Essex and Sir Thomas Fairfax All Blasphemers of the Trinity or any of the Articles of the Christian faith are to be boared through the tongue with an hot Iron and some have beene so punished in our Armies for their Blasphemies which Articles likewise punish swearing with losse of pay and the like I shall close up these Lawes with some further examples of ancient Godly politick Lawes for the punishment of Swearing and Blasphemy gathered out of divers Authors by our learned Thomas Becon printed cum privilegio at the end of his Invective against swearing King Henry the 5th made a Statute for Swearers in his owne Pallace that if he were a Dâ—ke that did sweare he should forfeit for every time 40. s. to the ayding of the poore people If he were a Lord or a Baron 20. s. If he were a Knight or an Esquire 10 s. If a peasant or meane man then to be scourged naked either with a Rod or else with a Whip King Edward made this Law that they which were proved once falsely forsworne should for ever be separated from Gods Congregation Donaldus King of Scots made this Act within his Land that all Perjurers and common swearers should have their lips seared with a burning hot Iron This Law aforesaid did Saint Lodouicke King of France enact also and put it once into prosecution at Paris upon a Citizen there for blaspheming the name of Christ unto the example of other and so caused it to bee proclaimed throughout the Realme for a generall punishment Phil. King of France whomsoever he perceived to blaspheame the name of God either in a Tavern or any where else yea although he were a great man of dignity commanded that he should be drowned And caused a strong act to be made of it a little before his death and left it unto his successors Philip Earle of Flanders made this constitution with in his Earldome in the yeare of our Lord M. l. xxiij that he that did forsweare himselfe should loose his life and goods Maximilianus the Emperor made also a decree that whosoever he were that was a common swearer should for the first time lose a marke And if hee were not content with that he should loose his head which act he and the Nobility of the Empire commanded to be published foure times in the yeare at Easter Whitsunday Assumption of our Lady as they called it and Chrâ—stmâ—s The Law of the Egyptians was that no swearing should be used among them at all except it were for a weighty cause if any were found to be perjured the same should loose his head The Law among the Sythians was that if any among them could be proved to be a notable swearer or such a one as would forsweare himselfe
the same being convict therof should without tarriance not only loose his head but his goods also which they should have that proved him perjured The Romans had a Law that all such as were found to be perjured should be throwne downe head-long from the top of a high Rock called Tarpejus Thou shalt not take the name of the Lord thy God in vaine for the Lord will not hold him guiltlesse that taketh his name in vaine Let not thy moâ—th be accustomed with swearing for in it there are many faults c. like as a servant which is oft punished cannot be without some sore even so whatsoever he be that sweareth and nameth God in vaine shall not be cleane purged from sin a man that useth much swearing shall be filled with wickednesse and the plague shall never go from his house The words of the swearer bringeth death God grant that it be not found in the house of Iacob but they that feare God eschew all such and lye not weltring in sin The Councell of Iosephus is this that he which blasphemeth God and unreverently useth his name should be stoned unto death and then hanged up by the space of one day and so taken downe and buried without all manner of honour Diverse other most noble Princes made divers other most holy Lawes for the eschewing of Cusâ—omable swearing and perjury Would God that these their most Godly Acts might either be renued among Christian men or else some other devised for the abolishing and putting away of the most wicked and detestable custome of swearing every Prince as he shall think most convenient for the state of his Realmâ— Lawes are made and penalties appointed for divers meane things which only concerne worldly matters why then do not Christan Princes also make Lawes Acts and Decrees for the glory of God that his name may be had in honour and reverence as most worthy of all it is Worldly matters may not so be esteemed that things pertaining to the glory of God and the salvation of Christian mens soules shall be neglected For Rulers are appointed of God not only to looke upon mundaine and worldly but also divine and spirituall matters And it is their duty no lesse to tender the glory of God and to make Acts concerning the same then to see to the publike tranquillity â— that all things decent comly for an honest outward Order be maintained preserved and kept And as they are the supreame head chiefe Rulers both of the spiritualtie and temporaltie so ought they to travaile no lesse in Spirituall then in Temporall matters Looke what enormities wickednesses ungodly Customes superstitious and unrighteous manners c. reigne in Realmes all these ought to be abolished and put away by the worldly Potentates and carthly Rulers God grant that we may see it shortly not only in this Realme but in the Kingdome of so many as professe Christ He concludes thus Let the Rulers of the Common Weale finde some honest remedy that the namâ— of God be no more blasphemed among their subjects Let them consider how loath they are that they themselves should be evill spoken of and blasphemed Let them weâ—â—h with themselves how much God excelleth them and how farre his dignity excelleth their dignity If any man defaceth their renowne they are punished stâ—aightwayes and not without a cause But how chanceth it that the Lord of aâ— Lords and King of all Kings is no more feared How comes it to passe that his most holy and blessed name is so universally blaspheamed yea and that freely and without punishment Were it not think you convenient that the Civill Majestrates should earnestly provide that the name of God might have his due honour and that it might no more be abused with abominable and unlawfull Oaths in their Realmes but praised and magnified seeing that by it we obtaine all our health and salvation God by his holy spirit might vouchsafe to breath into the hearts of all Princes Kings and Rulers that when they be Godly assembled together for matters concerning the glory of God and the publike weale they may also entreate of this thing in their Synods Congregations Parliaments Councells c. That God may be glorified and his most blessed name exalted of all Nations from the East to the West By this meanes shall they not only expulse vice and make their Realmes to fluorish with virtue unto the great glory of God and the high consolation of all the faithfull but also they shall acquire and get to themselvs a Crowne of immortall glory for ever and ever How Blasphemy and prophane swearing and cursing have beene punished by the Decrees of Councels and the Canon Law with excommunication penance deprivall of Christian Buriall the like you may read at large in Bochellus Decreta Ecclesiae Gallicanae lib. 8. Tit. 13. throughout Summa Angelica Summa Rosella Tit. Blasphemia Lyndewode Provi Const lib. 1. de Officio Archipresbyteri cap. 1. f. 40. â— Gratian Dist 22. Sylvester Tit. Blasphemia Tho. Zerula Praxis Episcopalis Pars. 1. verbo Blasphemia f. 38. â— pars 2. f. 15. Antonij Corset Repertorium in Abbatem Tit. Blaspemans Hostiensis Summa lib. 5. Tit. de maledicis fol. 460. c. who all accord likewise that this sinne may and ought to be punished not only by the Ecclesiasticall but also by the temporall Magistrate and that with imprisonment confiscation of goods fines branding and capitall punishments which sundry Councills and Canonists earnestly importune the temporall Magistrates to inflict upon Blasphemers Sir Ed. Cooke in his 5. Report f. 8. 9. of the Kings Ecclesiasticall Law concludes That Blasphemy Apostacy from Christianity Heresies and Schismes are to be decided and determined by Ecclesiasticall Iudges according to the Kings Ecclesiasticall Lawes of this Realme and no doubt they may be punished by the very Common Law it selfe by way of indictment as in the case of Hamant and Lewis forecited I shall close up this with the words of Isychius in Levit. l. 7. c. 25. x Audivimus quemadmodum de castris eduxit eum qui Blasphemavit lapidibus que eum opprimi praecepit Propterea indignationi et opus addidit et legem tibi etiam experimento ipso confirmatam ostendit ut et tu-blasphemare Deum timeres illam timens peccati magnitudinem cum non solum Principes sed et omnem multitudinem vindicatio praecepit Communis enim debet omnibus contra Blasphemâ—s pugna quia communi nostro benefactori communi nostrae vitae ex quo omnes esse et bene esse habemus detrahere tentant ejus quidem gloriae nihil nocentes nos autem ab eo seperare et expellere volentes You have now heard how Herely Apostacy Blasphemy Schisme and such who are guilty of them have bin restrained punished by Temporall Lewes and punishments in all ages I shall only adde these few considerations to set the greater lustre and
Pulpit then under the best Presbyterian government or Governour in the world Again It is written Psal 33. 10. The Lord bringing the counsel of the people to nought he maketh the devices of the people of no effect which is likewise seconded Isay 8. 10. cap. 19. 3. as he brought the counsel of the enemy to nought against Ierusalem Nehem. 5. 7. to 19. Will it thence follow Ergo Nehemiah and Gods people did ill in setting a watch in arming themselves and fighting against them to frustrate and resist their counsels as me read they did Will any prudent Prince or State neglect to apprehend and execute the Heads or Ringleaders of a new-plotted Treason or fresh Rebellâ—on and forbeare and let them alone because at last they would come to nought of themselves Will any man be so foolish as not to put out a fire which may endanger his whole house or an whole City because peradventure it will at last go out of it selfe when the whole house or City is consumed Doubtlesse no. Gamaliels atgument therefore and our opposers from his reason is neither agreeable to the rules of Divinity or Policy as these instances manifest and right reason to For though Heresies Blasphemies False-teachers Schismaticks and the like will at last come to nought of themselves yet this is no argument at all to forbear and let them alone First because it may be very long before they will come to nought of themselves if let alone whereas the Magistrate by his censures will speedily suppresse them Secondly because they may spread very far doe much hurt and seduce divers if let alone but not so if speedily suppressed and severely punished by the Magistrates as soon as broached and discovered Thirdly because the letting of them alone will breed much disturbance and schisme for the present discontent the most pious zealous religious yea bring judgments on the Churches States Magistrates people that permit them which a timely suppression execution of justice on them might prevent as I have proved in the premises Fourthly it is a received Maxime both in Politicks Ethicks and Physicks To withstand the rise and first beginnings of evils though at last they may come to nought of themselves It is the advice of agraver Doctor then Gamaliel Prov. 13. 24. He that spareth his rod hateth his sonne but he that loveth him chastiseth him BETIMES yea David would EARLY destroy all the wicked of the land Psal 101. 8. and the reason is rendred Eccles 8. 11. Because sentence against an evil work is not executed SPEEDILY therfore the hearts of the sonnes of men is fully set in them to doe evill The longer evils and evill men are tolerated the more obstinate the more pernicious and incurable they grow and therefore Ezra 7. 26. King Artaxerxes gave this charge to Ezra and the Judges Whosoever will not do the law of thy God and of the King let judgement BE EXECVTED SPEEDILY AGAINST HIM whether it be unto death or to banishment or to confiscation of goods or to imprisonment If Dr. Gamaliel Mr. Goodwin or Mr. Peters had been of this good Kings or of Davids Solomons Privie Counsel or Clerks of their convocations or Burgesses in their Parliaments we should never have heard of such precepts Lawes Texts as these against Idolaters and other Malefactors but Gamaliels absurd Counsell Forbeare these men and let them alone must have controled their more sacred and sage advises If Gamaliel Mr. Goodwin or Mr. Peters should advise Gardiners or Husbandmen not to pluck up the weeds in their Gardens and cornefields whiles they are greene and young but to let them alone till they wither of themselves or counsell sick men when their diseases are but breeding or creeping upon them not to take Phisike to prevent or remove them but to forbeare and let them alone till they wore away of themselves or advise Shepherds not to drive any Wolves and Foxes from their flocks as soon as ever they come near or entred the folds but to let them alone till they had filled their bellieson their flocks then they would depart of themselves they would certainely deride reject them as most absurd impolitick Doctors Phisitians Shepheards rather to be hissed at then followed The case of tollerating and letting alone Heretikes Scismaticks false Teachers Blasphemers is just the same who are as badde nay worse then any weeds Pests sicknesses Cancers Wolves and therefore not to be tollerated or let alone but speedily suppressed Hence St. Iohn who was a better Doctor then either Gamaliel Mr. Goodwin or Mr. Peters commanded Christians not so much as to receive false Teachers into their houses nor yet bid them good speed 2. John 10. And Paul himselfe Gal. 2. 4. 5. when false brethren came to spie out his liberty in Christ bring him and others into bondage writes thus of himselfe and them To whom we gave place by subjection NO NOT FOR AN â—OVRE that the truth of the Gospel MIGHT CONTINVE VVITH YOV which else would have been soone corrupted And v. 11. 12. 13. 14. when Peter came to Antioch and seperated himselfe from the Gentiles fearing them of the Circumscition Paul presently withstood him to his face because he was to be blamed and rebuked him before all Yea he gives this rule concerning Hereticks to Titus himselfe Tit. 3. 10. A man that is an HERETICK AFTER THE FIRST AND SECOND ADMONITION REIECT c. He must noâ— be forborne and let alone till he perish and come to nought of himselfe but convicted and cast out presently after a first and second Admonition at furthest Wherefore Gamaliels reason and advise with reference to Hereticks Idolaters Schismaticks Seducers and Blasphemers to which our opposites apply it is certainly most absurd in point of Divinity of Pollicy and not worthy so grave a Doctor of the Chaire His second reason is not much better then it if seriously considered as applied to knowne Hereticks false-Teachers Schismaticks Idolaters or Blasphemers the subjects now inquestion But if it be of God ye cannot overthrow it lest happily he be found to fight against God Therefore Magistrates must forbeare to punish Idolaters Hereticks false Teachers obstinate Schismaticks and Blasphemers who for certain are not of God but fighters against him and let them alone only upon this ground is a strange Nonsequitur Indeed where Magistrates are certainly perswaded in their consciences that any Doctrine way or counsell is of God himselfe or have sufficient grounds to incline their consciences to beleive that such persons Doctrines wayes are or most probably may be of God there it is safest to forbeare the oppression or suppression of them if it may stand with publike peace and safety and this advise will warrant as much But when there is no such certaine or faire probability but a cleare conviction that such Persons Doctrines wayes Schismes are not of God but against him then this advice and reason of Gamaliel holds not
in them and all sorts of men besides a most pestilent fire-brand of sedition deserving a Tiburn-Saintship as well as Iack Straw or Iack Cade most justly censured imprisoned by the House of Peers for his unparallell'd Insolencies Contempts and Libels deserving a severer doom or his Disciple St. Overton imprisoned for the like offences his Anti-Parliamentary Libels or any other of his seditious sect it is the Parliaments lenity that they enjoy their lives and a man I fear may finde far better Saints in Newgate if not in Hell then these If he mean S. Best that horrible execrable Heretick and Blasphemer for whose impunity some of the Independent saints have both written and pleaded to the very amazement of all true Saints its certaily a greater crime to suffer such an impenitent blaspheming Atheistical saint to live so long then to imprison him and if any New-lights account him for a Saint I may without any breach of Christian charity repute them in this particular to be little better then Devils and no reall saints at all If he intend by Saints S Paul Hobson a preaching but never a fighting Captain formerly a Taylor now an Anabaptist imprisoned by Sir Samuel Luke for his schismaticall and seditious preaching contrary to the Ordinance of Parliament or his blasphemous Chirurgion Iohn Boggis or his companion S. Oates who openly defended maintained that there was no such power in any Christian Magistrate over any member of a Church unlesse first cast out and delivered over by the Church to the secular power to inflict any capitall punishments upon him whatsoever his offence was though MVRTHER OR TREASON oâ— S. Lambe S. Kiffin or any of that Anabaptisticall Dipping lewd fraternity mentioned by Mr. Edwards in his Gangraenaes who have enriched advanced themselves by their gainfull Schismes Heresies Errors Blasphemies fear our Magistrates who have already law and power enough to restrainâ— and punish such without praying aide from both or either Houses will deserve more blame from God the Parliament and all good men for suffering such black saints as these to ramble abroad from County to County preaching their Errors Blasphemies and re-baptizing seduced Proselytes without restraint then demerit any censure for any short restraint of their persons or selling any of their goods who were lately worse then nothing and had no goods to sell yet now are grown brave and wealthy And if our Magistrates imprison fine banish such Saints as these I am confident both Christ and his Apostles will justifie not condemne them for their doings His third Argument is this Is it not misery enough for men to refuse the good things of heaven except they also deprive them of the good things of this present life If there be any Logick or Divinity in this rhetoricall argumentation it is but formally this It is misery enough to wicked men his words are generall and extend to all wicked men of all sorts not Hereticks only that they refuse the good things of Heaven and Eternall Life Therefore the Magistrate ought not to deprive any wicked man whatsoever of the good things of this life nor to inflict upon him temporall death I answer that if this Argument be solid then the Magistrate must punish no wicked men for any offence whatsoever against God or man no not for Atheisme Treason Rebellion Murther Sodomy and the fowlest crimes because the losse of the good things of heaven and eternall life is a sufficient punishment for them as well as for Hereticks Schismaticks and Blasphemers And then how wil it stand with his own concession I fear not from the heart since the whole scope of his Arguments contradict it p. 27. As for those that are outwardly wicked as open professed Hereticks Schismaticks and Blasphemers are the Magistrate is to keep them in order for the quiet of the State he having power over their persons estates LIVES If so then he may deprive them for their wickednesse of the good things of this life and inflict upon them temporal death Let M. Del therefore assoyl his own contradiction here which he thus seconds p 40. Did you ever hear me say or hint that the Magistrate should not punish outward wickednesse Yes here you hint intimate and argue it too and therefore need to reconcile these your contradictions or renounce this Argument Secondly God himself the Fountaine and Rule of justice doth many times punish wicked men who refuse the good things of Heaven and eternall life with the losse of the good things of this life infliction of temporal and eternall death to boot witnesse Deut. 28. 15. to 68. Levit. 26. 14. to 44. and Rev. 18 19 instead of many other texts If God then the standard of justice doth usually this and threatens all wicked men that they shall thus be punished why may not Christian Princes and Magistrates who are his Deputies Ministers Revengers do the like without the least injustice or cruelty Thirdly the Lawes of all Kingdomes and of our own do punish Malefactors as Traytors Murderers and Hereticks among others with confiscation of goods imprisonment banishment and death too not thinking it punishment sufficient that they refuse the good things of heaven and eternall life M. Del then must be wiser then God then al States Lawgivers whatsoever then our own Lawes Parliaments Judges and tax them both of cruelty injustice and adding misery to the miserable if he dare maintaine this absurd Paradox which hath neither reason nor Religion in it His 4th Objection is much of the same straine Christ imposeth no other punishment on those that will not heare the Church then that he should be reckoned as an heathen Math. 18. And Paul Tit. 3. teacheth us after once and twice admonition to avoyd an Heretick but not to imprison him or kill him or banish him Ergo the christian Magistrate must neither imprison nor kill nor banish Hereticks Here Mr. Dell speaks plaine English and out of his aboundant zeale professedly pleads for the impunity even of Hereticks themselves by the civill Magistrate and if we compare this with his p. 29. Take heed you do nothing to the prejudice of the faithfull Gods owne people as he hath warned you by the spirit saying Touch not mine anointed and do my Prophets no harme c. These anoynted ones are the Lords Prophets and the Lord Hath no Prophets but such as are anoynted with the Spirit Thus Christ was made the Lords Prophet and thus are All his Brethren made Prophets being fellowes with him in his unction And therefore take heed how you meddle with the Lords anoynted ones and with the Lords Prophets c. The Lord hath still the same care of the same people and will suffer no man to do them wrong but will reprove Kings and Parliaments and Kingdomes and Cities and Counties and Committees he will reprove them all for their sakes and say touch not mine anoynted and do
my Prophets no harme c. We must either conclude that the Prophets and anoynted ones he here pleads for not to bee touched are none else but Hereticks c. who must neither be imprisned nor killed nor banished nor touched nor harmed by Magistrates Parliaments Kings Kingdomes Cities Counties or Committees who now meddle with none but such or else that he assignes the selfe same priviledges even to Here ticks as to Gods faithfull anoynted ones Prophets Sts. since Kings Kingdomes Parliaments Citties Counties Committees Magistrates must no more touch harme imprison kill banish the grossest Hereticks by Mr. Dells expresse Doctrin then these And then where is that grand priviledge which these anointed Saints and Prophets enjoy above the veriest Heretick Schismatick Atheist Apostate Blasphemer in the world Is not this my Brethren strange New-light from such a Comet as he is But to let this passe and come to a punctuall answer As this text of the Psalmist Touch not mine anoynted and do my Prophets no harme will prove no Sanctuary at all for Heretiks Schismatick or Blasphemers who are neither Gods anoynted nor his Prophets against the power of Kings and Christian Magistrates so will not the objected texts of Mathew and Titus For the first of these is spoken only of private crimes and trespasses betweene Brother and Brother not of publike scandalous Heresies Schismes Blasphemies and by the Church there intended as many think is not meant the Ministers of the Gospell but the Iewish Sanhedrin or civill Magistracy or if the Ministers or Church-Elders then it is confined only to their Church-censures not meant of the Magistrates punishments as others assert But let it bee one or other the Argument thence is but this Nonsequitur He that refuseth to give his brother against whom he hath privatly and personally trespassed Satisfaction upon the admonition of the Magistrate Church or Minister is to be esteemed as a Heathen by him to whom he did the injury and the church may duly excommunicate him for his obstinacy Ergo Christian Kings and Magistrates by Christs owne appointment can inflict no corporall punishment fine imprisonment banishment or death upon open obstinate Hereticks Blasphemers Schismaticks or Seducers who disturbe the peace both of Church and State and seduce the soules of many Whether this be a solid Argument let all wise men judge For that of Titus 3. Paul teacheth us after once or twice admonition to avoid an Heretick not to imprison kill or banish him Ergo Hereticks must only be avoyded not imprisoned killed or banished by the christian Magistrate it is a most childish Argument and inconsequent For first Paul writs this to Titus a Minister as a Minister noâ— a Magistrate to avoyd or reject an Heretickeafter the first and second admonition and to treat with him no longer who then as a Minister could by no Law of God or man imprison kil or banish Hereticks nor can our Ministers or Classes do it now nor claime they such a power Wherefore the Argument thence must be Ministers of the Gospell as such have power only to avoyd and reject Hereticks after the first second admonition not to imprison kill or banish them Erge Christian Kings and Magistrates have only authority to avoid reject but cannot imprison kill or banish them If this be good Logick or Divinity then by the selfeâ—ame reason they must neither imprison kill nor banish Murderers Traytors Sodomites Theeves Fellons nor our Army imprison kill plunder any Papists or Cavaliers because Ministers as such cannot do it but only admonish avoyd them Besides if this be granted then it wholly takes away the Magistrates Sword Office Power and makes him no more no other then a Minister first to admonish and then to avoyd and reject Hereticks and other Malefactors not to punish them And how will this agree with his owne contradictory assertion p. 40. The Magistrates power hath under it the whole outward man if an Hereticke or Schismatick by his professed practicall Heresie or Schisme which are outward offences and works of the flesh may exempt himselfe from the Magistrates power aly the scope of the Text is not that Hereticks should only be avoyded by Ministers even as such as Mr. Dell presseth it for certainly Paul himselfe proceeded further against Hyminaeus and Philetus even to deliver them over unto Satan 1 Tim. 1. 19. 20. 2 Tim. 2. 17. 18. which is more then barely to avoyd them as all accord And Peter informes us 2 Pet. 2. 1. That false Teachers who bring in privily damnable Heresies shall bring upon themselves swift destruction even by the hand of humane and divine Justice too Deut. 17. 16. But his scope is that some Hereticks are so obstinate so dangerous that after the first and second admonition he should deale with them no longer but presently avoid them as the very next words imply Knowing that he that is such is subverted and sinneth being condemned of himselfe compared with the 2 Tim. 2. 16. 17. 18. This being the genuine scope of the Text let us turne it into a formall Argument and then it will be no more but this Ministers must not so much as treat with obstinate Heretickes after a first and second admonition but forthwith A void and treat with them no more Ergo Magistrates must neither imprison nor Banish nor put them to death after such admonitions but only punish them by avoyding them neither may the Church so much as excommunicate but only avoyd them Excellent New-light new Logick in good earnest an Ignis Fatuus might yield as good Thirdly the same Apostle Paul in 2 Tim. 3. 1 2 3 4 5. informes us That in the last dayes perilous times shall come for men shall be lovers of their owne selves c. blasphemers disobedient to parents unthankfull unholy without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasures more then lovers of God having a form of godlinesse but denying the power thereof and then concludes thus of these as he doth of an Heretick from such turn away or avoide such Will Mr. Dell infer hence as he doth from Titus that blasphemers obstinate and disobedient children to their parents punishable with death by an expresse law Exod. 21. 17. Deut. 21. 18. 19 20 21. Truce-breakers Traytors are only to be avoided and turned from but not whiped imprisoned banished fined nor put to death by the Magistrate because Paul here writes to Timothy and others only to avoid or turn away from such but not to whip imprison kill fine or banish them Or will he argue from Prov. 1. 10. to 17. that murderers and theeves who lye in wait and make haste to shed blood are not to be imprisoned banished or put to death because Solomon adviseth men not to walk in the way with them and refrain their feet from their path but commands theÌ„ not to be put to death If yea
Elect from eternall death and destruction 2ly They must be thus understood that the principall end of Christs comming was not to destroy mens lives with temporall or spirituall destruction but to save them or at least not to destroy them without just grounds or not in any extraordinary manner with fire from Heaven or upon so slight an occasion as the Apostles would have him here but not his only end For Christ hhmselfe is a Rock of offence a stumbling blocke yea a savour of death unto death unto many and will grind some unto pouder 1. Pet. 2. 7. 8. 2. Corinth 2. 15. 16. Lu. 2. 34. Math. 21. 44. yea the very Angell of the Lord smote Herod that he was eaten up of Wormes and gave up the Ghost Acts 12. 23. And Christ by Peters ministery smote Ananias and Saphyra with temporal death Acts 5. 1. to 10. Since then this Text is to be understood in these senses and like that of Paul 1 Cor. 1. 17. For Christ sent me NOT to baptize that is not simply not to baptize any for that he did v. 14 15 16. but chiefely and principally but to preach the Gospel which is my principall and main businesse it will no wayes warrant Mr. Dels Anabaptisticall sense of or conclusion from it to wit that Christ came so to saveâ—mens lives as that he exempts the lives and persons even of Hereticks Blasphemers yea all malefactors from the power of Kings and Christian Magistrates so as they may not justly put them to death for any offences though most capitall Finally admit that Christ came to preserve the naturall lives of Hereticks Schismaticks Blasphemers and the grossest malefactors from the sword of justice and the Christian Magistrates power yet this extends not to secure them from imprisonments fines banishments and such other corporall punishments which are not capitall as Mr Dell here infers Therefore it no wayes warrants his conclusion against all corporall and outward punishments And so I have scattered this Brigade of his for ever rallying again The 6 Objection is this made by Mr Del and others God hath appointed his Word and the Ministery of it to be the instruments of converting men and stopping the mouths of gainsayers Tit. 1. 9. 11. for the casting down of imaginations and every high thing that exalts it self against the knowledge of Christ and for bringing every thought into captivity and into obedience to Christ 2 Cor. 10. 5. Yea God hath appointed the Ministers in meeknesse to instruct those that oppose themselves if God peradventure will give them repentance to the acknowledgement of the truth 2 Tim. 2. 24. 25. and to edifie the body of Christ till they all come in the unity of the Spirit unto a perfectman unto the measure and stature of the fulnesse of Christ Ephes 4. 11. 12. Yea Christ addes Mr Dell doth ALL THAT EVER HE DOTH in his Kingdome by his Word and Christ sent forth his Apostles not with any power of swords or guns or prisons to reform the world or with any power of States or Armies but sent forth poor illiterate mechanick men and only armed them with the power of the Word and behold what wonders they wrought by that power alone They turned the world up-side down they changed the manners customes religions worship lives and natures of men c. And all this they did not with any earthly or secular power but by the ministery of the Gospel alone Christs great and only instrument for the conquering subduing and reforming of the Nations By it and his Spirit he reformes not only all sinnes in the Church but Heresies Errors and False-doctrines which it seemes he counts no sins because not included in the former general ALL SINNES Ergo Heresies False religions Sects and Schismes ought to be tolerated by the Magistrate and reformed only by the Word but not suppressed and punished by a strong hand as by fining imprisoning disfranchising banishment death or the like which being outward cannot reach to reform or convert the inner-man which is beyond not only the power but cognisance of the Secular powers This was the Donatists and Anabaptists objection of old from whom Mr Dell hath borrowed it To this I answere 1. that though the word and Ministry of it be the principall meanes of converting reforming and convincing Hereticks Blasphemers Errors Schismes as is objected yet it no wayes justles out or destroyes the coercive power the corporall and capitall punishments of the Christian Magistrate for suppressing Heresies Errors Schismes Blasphemies and punishing those who are guilty of them under the Gospel no more then it did their suppressing and punishing of Idolatry and Blasphemy under the Law with temporall death and censures as I have formerly proved To make this apparent I shall lay down these Positions First that the greatest part of such who professe themselves Christians and converted to the outward imbracing and profession of the Gospel are yet not really nor inwardly converted to the saving obedience and practise of it Secondly that inward imbracing or outward profession of the Gospel doth not exempt Christians either from the power or punishment of the Magistrate for any evill deeds nor from committing such crimes or evill actions as may deserve the Magistrates censure and fall under his coercive and avenging power as is clear by Rom. 13. 1. to 7. 1 Pet. 2. 13. 14. Tit. 3. 1. Thirdly that obstinate Hereticks false Teachers Blasphemers Schismaticks are evill doers and Heresie Blasphemy Errors Schismes meer works of the flesh are under the proper jurisdiction and subject to the censures and coercive power of the Magistrate as well as other malefactors and carnall crimes Fourthly that conversion of Infidels and Pagans to christianity and the reclaiming of Hereticks Schismaticks Blasphemers Idolaters Seducers or other Malefactors from their evill wayes is one thing usually wrought by one kinde of instrument to wit the Word and ministery of it and the punishing suppressing restraining of such as these from the publick practise or venting of their Heresies Errors Schismes Blasphemies Idolatries or other crimes to the provoking of Gods wrath the hurt infection disturbance of others a quite other thing wrought by different meanes and instruments to wit by the civill Magistrates Sword and corporall censures To argue then as the Objectors doe That the word and Ministry of it are the vsuall and principal meanes appointed by Christ inwardly to convert men from Paganisme Heresie Idolatry Error Schisme unto the orthodox truth and to inward piety and Sincerity Ergo the Magistrate may not punish nor suppresse these crimes sinnes to hinder their outward spreading infecting of others or to prevent or remove Gods judgements or preserve the peace of Church State is a most grosse Non sequitur since both of them are co-ordinate and consistent together not jusling out one another 2ly I answere That the Apostles were no Magistrates but Preachers nor yet illiterate mechanicks as
all though they convert but few even those onely who are elected and onely civilize others and perchance make many of them Hypocrites and because the very Elect themselves even after their conversion may fall into scandalous sinnes and capitall offences though not fall finally nor totally from their state of grace which Magistrates have power and authority as well from God as man to punish both to reforme them deterre and keep others from infection preserve publick peace justice and keep off Gods judgments they and all others who externally embrace the Gospel are in that regard enjoyned to live soberly and godly in this present world to avoyd all sinnes and wickednesses whatsoever yea heresie idolatry blasphemy schisme erronious Doctrines as well as Murder Adultery and the like offences and likewise subject to the Magistrates censures corrections in case they actually or openly transgresse in any kind they being Gods avengers to execute wrath on those that doe evill Therefore the civill Magistrate may â—ay must and ought to use his utmost endeavours to make an externall publick reformation both in Church and State and a totall purgation of all sins offences heresies blasphemies errors and corruptions whatsoever out of both for the welfare and peace of both and diverting of Gods wrath from both though he cannot work an inward reformation in all no more then the Minister or Christ himselfe whiles he was here on earth And therefore this Objection That Christian Princes and Magistrates ought not to restraine or punish Hereticks Schismaticks c. or to intermeddle in the outward Reformation of the visible Churches within their Territories because they cannot inwardly convert and reforme all members of them is a most absurd and ridiculous Objection Sixtly to civilize moralize or restraine Christians from the outward acts of sinnes from which they are not inwardly purged by penall Lawes and corporall Censures as Magistrates oft doe is not to make them Hypocrites and twofold more the children of hell then before as is most falsly objected but to make them actually better and lesse sinfull lesse hurtfull then otherwise they would be were they not restrained for the fewer actuall sins men openly commit the lesse is their condemnation the more their commendation the lesse they infect others the lesse they dishonour and provoke God the lesse they disturb the publick peace the more exorbitant excessive numerous audacious their transgressions are the more is their guilt the heavier their judgment the more pernicious dangerous their example and the more they provoke Gods publick judgments against the places where they live and encrease the guilt of those Magistrates who suffer them to goe unpunished witnesse Foxes Bears Lyons yea the Devil himself who chained ap are nothing so hurtfull as those that run at large though they retaine their natures still the like we may say of chained Hereticks Schismaticks Blasphemers Seducers and all kind of restrained sinners by coercive Lawes or Punishments Oderunt peccare mali formidine poenae Neither makes ill men formall Hypocrites nor worse then if they were unrestrained yea their pretending of an inward reformation or dissimulation of their heresies blasphemies and hereticall opinions is nothing so sinfull so dangerous so hurtfull so damnable as the open practice spreading and profession of them with impunity Seventhly The Magistrates and Gods intention in punishing and restraining Hereticks Schismaticks Blasphemers and other Malefactors is not to make them Hypocrites but really to reclaime or make them better at least if not inwardly to convert them If their restraint or punishment make any formall Hypocrites as the very Gospel preached doth more frequently then the sword of Justice it is not the fault of the Magistrate or the punishment inflicted which are good but of the parties punished who pervert them to a contrary end then they were intended Their abuse therefore of them must not nullisie them neither as to themselves nor others who may profit by them and make better use thereof Eightly Saint Paul hath most fully refuted this Objection in a like case Phil. 1. 15 16 17 18. Some indeed preach Christ even of envy and strife and some also of good will The one preach Christ of contention not sincerely supposing to adde affliction to my bonds But the other of love knowing that I am set for the defence of the Gospel What then Notwithstanding every way whether in pretencee or truth Christ is preached AND I THEREIN DOE REJOYCE YEA AND WILL REJOYCE compared with the 1 Cor. 1. 18 23 24. For the preaching of the Crosse is to them that perish foolishnesse but unto us that are saved it is the power of God c. But we preach Christ crucified unto the Jewes a stumbling block and unto the Gentiles foolishnesse but unto them which are called both Jewes and Greeks Christ the Power of God and the Wisdome of God 2 Cor. 2. 15 16. For we are into God a sweet savour of Christ in them that are saved and in them that perish to the one we are the savour of death unto death and to the other the savour of life unto life and who is sufficient for these things Though some men preach Christ for good ends others for bad some in pretence others in truth and though the preaching of the Gospell be a stumbling-block to some foolishnesse and a savour of death unto death to others aggravating and encreasing their sinnes and condemnation in an high degree which is worse then outwardly to reformeor make them Hypocrites and the power of God to salvation but to a few working such contrary effects yet it must be preached because God commands it hath glory by it even in those that perish and some are converted thereby though others hardned and damned so though the Magistrates coercive power and punishments inwardly convert not many yet because they restraine most Hereticks Schismaticks Sinners from doing more mischief to others and committing more actuall sinnes in themselves yea make an outward conformity and reformation where Justice is duely executed they must be still continued and conscionably used in the Church though they should make many men Hypocrites and worse then they were before being God's Ordinance for good not ill Ninthly admit the Magistrates punishments and coercive power should actually convert and reforme none in a Gospel way of themselves yet they compell them to resort to the Word and Ordinances and to the use of those meanes which God hath specially appointed to convert and reforme them both in heart and life yea the suppressing of all private meetings and conventicles of Hereticks Schismaticks Anabaptists Papists Blasphemers which confirme and settle them in their damnable heresies errors schismes and constraining them to resort conscionably to our publick Congregations where the Word of God is truly preached expounded the Sacraments duely administred all former grounds of their Separation and Schism fromour Assemblies being fully removed so as there is
the integrity and fidelity both of our incomparable General and the generality of our Souldiers to be such that they would rather lay downe their Lives and leave the Kingdome as Master Peters hath oft averred in the Pulpit on their behalfe then raise the least tumult or disturbance to oppose the Church-government and Reformation which the Parliament in their wisdomes shall establish And so I have routed Master Dels chiefe Arguments that from henceforth to use his owne words to Master Love Babes and Sucklings you shall come forth and answer this Master in Israel The tenth Objection is this Forcible Reformation is unbeseeming the Gospel for the Gospel is the Gospel of Peace and not of Force and Fury Civill Ecclesiasticall Reformation reformes by breathing out Threatnings Punishments Prisons Fire death but the Gospel by Preaching Peace And therefore it is most unbeseeming the Gospel to doe any thing violently for the advancement thereof c. So the Donatists and Anabaptists argued heretofore and Master Dell out of them now I answer first though the Gospel be a Gospel of Peace to those who obey it and offers Peace to all at first yet it alwayes reforms not only by preaching peace to men but Warre Hell Death Damnation and losse of Heaven Peace being but one branch thereof This is cleere by Matth. 10. 11 to 16. Luke 10. 5 to 16. Mark 6. 11. where when Christ sent forth his Disciples to preach he bids them At their first entrance into any house or City to say first Peace be to this house But if they received them not then he commanded them to goe into the streets and say Even the very dust of your house or City we do wipe or shake off against you and that it shall be more tolerable for Sodom in that day then for that house or City So after his Resurrection when he sent forth his Apostles to preach the Gospel to every Creature he gives them this disjunctive Commission He that beleeveth and is Baptized shall he saved here is peace But he that beleeveth not shall be damned here is warre threats violence Mark 16. 16. So John 3. 36. He that beleeveth on the Son hath everlasting life here is peace he that beleeveth not the Son shal not see life but the wrath of God abideth on him here is war and ver 18. He that beleeveth on him is not condemned but he that beleeveth not is condemned already c. So Luke 13. 3 5. Except ye repent ye shall all likewise perish Here Christ proclaimes Warre as well as Peace Threats as well as Promises Damnation as well as Salvation even to work Gospel-reformation The like did John Baptist his forerunner Matth. 3. 10 12. and Saint Paul in sundry places as Rom. 2. 5 to 11. 1 Cor. 6. 9 10. Gal. 5. 21. quoted by Master Dell himselfe Ephes 5. 6. Phil. 4. 18 19. Col. 3. 5 6 25. 1 Thes. 5. 3. 2 Thes 1. 6 to 12. cap 3. 8 12. Heb. 2. 2 3. cap. 4. 1. cap. 6. 4 to 9. cap. 10. 16 to 31. cap. 12. 21 29. Hence in the 2 Cor. 5. 11. he useth this expression Knowing therefore the TERROUR of the Lord we perswade men Saint James doth the like James 5. 1 2 3. Saint Peter the like 2 Pet. 2. cap. 3. 7 10 11. Saint John the like 1 John 5. 12. 16. and Jude the like ver 5. 17. who concludes thus verse 23. And others SAVE WITH FEARE PULLING THEM OUT OF THE FIRE So Revel 20. 14 15. cap. 22. 15 19 20. Matth. 25. 31. to the end we have the like Threats and Punishments in Hell fire propounded to scare men by feare unto Repentance which work upon mens hearts to convert them as well as the promises of peace Yea Paul assures us That the Law which is full of terror and menaces is our Schoolmaster to bring us unto Christ that we might be justified through faith Gal. 3. 24. And Christ himselfe under the Gospel converted Paul the Persecutor in the midst of his persecution not by the Gospel of peace but by a shining Light and terrible voyce from Heaven which struck him unto the earth astonished him and his whole company yea by smiting him with blindnesse for a time and by this forcible means made him a Preaching Paul building that which he formerly destroyed Acts 9. 1 to 17. cap. 22. 4 c. Therefore its false which Master Dell avers That the Gospel reformes and converts men onely by preaching Peace and that it breaths not out threatnings punishments fire death as Church-Ecclesiasticall reformation doth which misbeseems the Gospell For Christ though he be a Lamb yet he hath wrath in him too as well as meeknesse which wrath is exceeding terrible yet he converts men by it and by threats of eternall torments fire death as well as by preaching peace Secondly we read Psal 2. 8 9. this Prophesie of Christ himselfe vnder the Gosple Aske of me and I will giue thee the Heathen for thine Inheretance and the uttermost parts of the Earth for thy Possession Thou shalt BREAK THEM WITH A ROD OF IRON and dash them in pieces like a potters vessell recited and applied to Christ in the new Testament Revel 2. 27. 19. 25. So Psal 110. 2 5 6. The Lord shall send the ROD of thy strength out of Sion rule thou in the midst of thine Enemies The Lord at thy right hand shall strike thorough Kings in the day of his wrath He shall judge among the Heathen He shall fill the places with dead bodies He shall wound the heads over many Countries Yea Master Dell himselfe asserts That Christ shall punish sinners more severely then any powers of the world can punish them for he shall smite the Earth with the ROD of his mouth with the breath of his lips he shall slay the wicked Isa 11. 4. If then Christ doth thus subdue and break in pieces with a Rod of Iron and the Rod of his wrath the Heathen which God gives unto him for his possession and wound the heads over divers Countries yea slay the wicked that is their wickednesse and sinnes not persons by the Rod of his mouth that is by threats and terrors and converts some in a forcible manner as he did Pâ—ul from Heaven then certainly the Gospel and Christ doe not alwayes convert by preaching peace and forcible Reformation is not unbeseeming the Gospel since Christ himselfe doth thus use it as thâ—se Texts import yea Christian Magistrates may breath out prisons fire death threatnings punishments against Hereticks Blasphemers and obstinate Malefactors to restraine and reforme them as well as Christ the Gospel and his Ministers breath out Rods of Iron Damnation a Lake of fire Hell chaines of darknesse and everlasting death torments to reforme and turne men from their sins Thirdly If it be most unbeseeming the Gospel of Christ to doe any thing forcibly for the advancement of
willing people but the major part of them at least are unregenerate backward and unwilling to all that is good yea need upon occasion by Lawes and outward punishments to be constrained to resort to the pnblick Ordinances and to forsake their errors schismes To argue therefore against the coercive power of the Magistrate in Christian Churches States because the Saints are a willing people when as the most in the Church are neither Saints nor willing and so need coercive Lawes and punishments is most absurd Yet this is Master Dels Logick and Divinity He might as well conclude the Saints are a willing people Ergo the Magistrate cannot punish Traytors Murderers Theeves Rebels as Ergo they must not punish Hereticks Schismaticks Blasphemers Thirdly Admit the Saints to be a willing people and that some of them may be Hereticks and Schismaticks for a time will it therefore follow they need no Rods nor Spurs to stir them up reduce or punish them when or where they are dull negligent erronious or doe amisse Will you argue thus Christs Saints and People are a willing People Ergo they need not the exhortations preaching or instructions of Ministers of private Christians the exercise of holy duties the threats and terrors of the Law or Gospel to excite and stirre them up Doe not the willingest Christians Saints need Rods Spurs sometimes as well as others to quicken them and doth not God himselfe many times scourge excite them with outward and inward afflictions and chastisements of all sorts to make them mend their pace Did Master Dell or his Saints in the Army never spuâ—re nor whip their free Horses or doe Schoolmasters never whip or ferrula their Schollars that are most forwards to learne because they are willing Boyes No verily Their willingnesse at one time will not excuse their deadnesse dulnesse lazinesse much lesse their deviations at another Therefore though people be willing yet they need the Spurs the Rods both of the Minister and Magistrate to quicken or mend their speed and reclaime them when they erre ubi desinit Theologus ibi incipit Magistratus where the Ministry of the Word will not quicken and reforme Christians the Magistrates Sword must doe it Christs Power must make men willing when his Mercy and Gospel will not prevaile and Magistrates Lawes duly executed must bring Hereticks Schismaticks Blasphemers to conformity and our publick Congregations when the Word will not effect it And thus much for his Argument Fourthly for his Authorities cited That Faith is not to be forced but perswaded by the Word I grant it true in the Authors sence but not in Master Dels For first their meaning is not like his that Christian Magistrates may not by coercive Laws and punishments suppresse obstinate seducing Idolaters Heretickes false Teachers Schismaticks or Blasphemers which they all unanimously grant they may as I shall prove anon and is farie different from enforcing faith but their sence la that Christian Princes or Magistrates oughtâ— oâ— by force of warre or outward violence to compell Pagan Nationâ— who never embraced the Gosple to baptisme and externall profession of the Gospel against their wils without any previous instructions God having appointed his word not sword to convert such Matth 28 19 20. Mark 16. 15 16. Acts. 7. 8. This is all that Melanctons Master Tindiâ—â— or Polanus objected words import Which opinion I readily subscribe to asserted by Hugo Grotius De Jure Belli l. 2. c. 20. sect 48. where he affirmes Bella juste non inferri iis qui Christianam Religionem complecti nolunt to which he addes sect 50. Nec etiam his qui circa legis divinae imâ—erpretationem balluâ—inantur This he illustrates and proves by the Authorities of Tertullian Clemens Romanus Athanasius Chrysostome Lactantius Augustine Sâ—â—viarlus a French Synod Josephus Cyprian Gregory Nazianzen Antonius Valenâ—tinian the Emperour Ammianus Marcellinus and the Councel of Toledo with whom as touching the enforcing of Pagans in this manner to the Christian Faith Chytraeus Purchas and Master Rutherfurd concuâ—â—e though they all maintaine the Magistrates power to suppresse Hereticks Schismaticks Blasphemers by coercive lawes and civill punishments yeâ— the very popish Doctors and Jesuits themselves who are most violent â—oâ— the Magistrates suppressing and punishing Heresie Blasphemy and Schisme with severest lawes and punishments even to death it selfe assert it to be unlawfull for Christian Princes by warre and outward force to compell Pagan Nations to embrace the Christian Faith against their â—â—ls wâ—â—nesse Josephus Acosta De procuranda Indorum salute cap. 3. Vega de Fide Operibus qu. 3. Bartholomaeus â—e las Casas de Hispan Crudelitate â— Covaâ—â—vias in Reg. Peccati p. 2. sect 10. Tannerus the Jesuit Gregory de Valentia Gaâ—â—achous Malderus Alphonsus a Castro Hâ—nce Procopius blames Justinian for compelling the Samaritans by outward power to Embrace the Christian Religion and Chytraeusâ—â—xeth â—â—xeth the Archbishops of â—iga and Knights of the Teutonick Ordâ—â— instituted for that purpose for oâ—deavouring rather with force and Armes to compell the Pagan 〈…〉 and Laplanders to embrace the Christian Faith then by the Word and good Example to induce them to it Yet Master Rutherfurd Aegidius â—oâ—â—â—ck Lorca Aquinas Cajetan and others assert That a Christian Prâ—â—â—â— subdâ—ing a heathen Nation may compell them â—o deâ—â—st from blaspheming and dishonâ—â—â—â—g Christ from exteâ—â—all false â—oâ—ship of Idol goâ—s offering up their Children to 〈…〉 and from â—pposing and himdring Ministers to 〈…〉 the Gospâ—â— to such among them who are destrous â—â— beare them as the 〈…〉 Constaâ—… 〈…〉 â—â—â—â—â—â— Temples of that Pâ—gâ—ngâ—ds to be closed uâ— or 〈…〉 and Idols demâ—lâ—shedâ— which Act is commended both by Eusebius Ambrose and Augustus yea â—â—Wpanâ—â— and commanded all the Jeâ—â—â— who â—â—â—ld â—â—◠〈…〉 to be â—â—â—â—shed and removed out of Spaâ—… and we â—â—ad in the Spâ—… Hâ—stoâ—â—ds that divers Jewes Moâ—â—es have been compelled to be 〈…〉 in 〈…〉 and many Indâ—anâ—â—â— â—â— the West Indies even by 〈…〉 which divers of their Wâ—iâ—â—â—s approve as lawfull though others 〈…〉 iâ— However that act of Joviâ—â—â—n was most Christian and Heroical who being elected Emperour after the death of Julian the Apostate by the unanimous consent of all the Captaines Souldiers and People he absolutely refused the Empire saying That he being a Christian would not be an Emperour over Infidels But all were so well pleased with his election that they presently cryed out We are Christians and for his sake those who were not so before resolved to become Christians upon condition he would accept the Empire which thereupon he accepted Whereupon they all turned Christians and were by this meanes converted to the Christian Faith Secondly I answer that the Christian Magistrates may indirectly force men to beleeve in some sense though not directly As first they may enforce them to the outward Ordinances and meanes of Faith even
5. where you may at large peruse them for your satisfaction I shall begin with Melancton himselfe the first Author Master Dell quotes for him who writes thus point-blank against him in his Loci Communes dedicated to our King HENRY the VIII Printed Anno 1536. De Magistratibus Civilibus Dignitate rerum Politicarum where thus he writes against the Anabaptists and Master Del's fanatick Saints Plurimum prodest in Ecclesia extare veram firmam doctrinam de Magistratibus dignitate rerum civilium Saepe enim exorti sunt Fanatici spiritus qui negarunt Christianis licere Magistratus gerere exercere judicia tenere imperia denique interdixerunt Christianis omnia officia civilis vitae rerum dominia contractus damnaverunt leges politicas quibus nunc Respublica utitur Et haec delyramenta non solum pepererunt seditiones sed etiam obscuraverunt Evangelium offuderunt enim caliginem animis quasi Christiana justitia ac vita sit externa ac nova quaedam Barbarica politia dissimilis aliis politiis humaniter constitutis Ita confuderunt disc imen vitae spiritualis politicae Adversus hujusmodi errores muniendi sunt animi vera doctrina de discrimine spiritualis politicae vitae tenenda dignitas rerum politicarum illustranda est Id prodest ad pietatem ad publicam tranquilitatem c. Celsus Julianus plerique alii criminantur Evangelium quod cum prohibeat vindictam dissipat Respub tollat jura belli judicia poenas confirmat latrocinia concedat licentiam impunitatem omnium scelerum Et hac criminatione mirum in modum deformarunt Evangelium Tenere igitur Christianos oportet quid de dignitate civilium rerum sentiendum sit ut liberent Evangelium hacâ— injustissima venenatissima calumnia ut suas conscientias de Officiis civilibus recte instituant Christianis licet Magistratus imperia tenere judicia exercere poenas constituere juxta praesentes leges mores Magistratum custodem esse non solum secundae tabulae sed etiam primae tabulae quod attinet ad externam disciplinam Hoc est ad Magistratum pertinet non solum cura tuendae tranquilitatis civium seu depellendi injurias corporum fortunarum sed etiam disciplinae in Religione retinendae Etsi enim poenae corporales non efficiunt in animis pietatem tamen Magistratus prohibere debet disciplinae causa externas Contumelias Religionis manifestam Idololatriam Blasphemias impia dogmata perjuria sicut vidimus IN OMNIBVS REBVSPVBLICIS mediocriter constitutis severis exemplis punitas esse violationes Religionum perjuria Et probat hanc sententiam ipse decalogus Non vanè usurpabis nomen Dei David inquit Et nunc Reges intelligite erudimini qui judicatis terram servite Domino c. Prov. 25. Aufer impietatem de vultu Regis firmabitur justitia thronus ejus 1 Regum 2. Glorificantes me Glorificabo contemnentes me reddam contemptos Et ne sumam ab Israelitico Rege exemplum Nabogdonozor Darius Medus apud Danielem proponunt edicta in quibus vetant dici blasphemiam contra Deum populi Israel Postrenâ—ò Paulus inquit Lex est pofita impiis prophanis hoc est Vt coerceat homines ne facta impia ac sacrilega designent Cum autem Magistratus sit custos legis ac disciplinae profecto maximè hanc partem tueri debet de externa reverentia erga Deum quod haec pars maximè ad disciplinam peâ—tinet sicut constat omnium gentium legibus puniri perjuria Deinde hoc consideret sapiens Magistratus unum hunc principalem finem esse quare ad societatem conditi sunt homines ut videlicet innotescat Deus ac glorificetur Homo eum ideo conditus est ut in eo illucescat Deus ut eum patefiat necessaria igitur fuit societas in qua alii docerent alios de Deo Constat autem Magistratum custodem esse humani societatis debet igitur fiuem societatis praecipuum etiam â—â—eri Et si vere volumus judicare hujus Pulcherrimi operis inter homines antistes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 esse debet ut optima discipline homines ad Religionem assuefiant ut Deus glorificetur Hic finis precipuè sapienti Gubernatori Respuâ— proposi us esse debet Ita veâ—è erunt beatae Respuâ— Deus enim viâ—issim defendet eas omnibus bonis cumulabit sicut dixit Glorificantes me Glorificabo DEBENT IGITUR MAGISTRATUS prohibere impios cultus impiorum Dogmatum professionem DEBENT PUNIRE HAERETICOS Sed viderint ut rectè judicent nec fiant Ministri alienae erndelitatis aut impiotatis Pertinet autem cognitio doctrinae ad Ecclesiam hoc est ad pios rectè doctos Estque Ecclesiae membrum ipse etiam Magistratus quem decet suis oculis maximè videre In hanc sententiam extant vetusti Canones de Synodis de cognitione doctrinae Deus ornat Reges honore nominis sui Ego dixi dii estis Videlicet Vt sciant sui officii esse vt res divinas intelligant conservant in mundo Religionem Justitiam Pacem Disciplinam By this it is most evident that Melancton is point-blank against that opinion for which Master Dell hath quoted him and for the Magistrates restraining punishing Hereticks and all false worship Master Dels next quotation in respect of Antiquity is Luther That Hereticks are not to be burned but cites not the place Indeed Luther being newly come out of Popery and beholding their cruelty in burning godly orthodox Christians under the name of Hereticks professeth his opinion to be against making any Law to put Hereticks to death for feare it should be wrested against those that were no Hereticks to their prejudice But yet he would have Hereticks banished his words are these in answer to this question An liceat Magistratui occidere Pseudoprophetas Ego ad judicium sanguinis TARDUS SUM Vbi etiam MERITUM abundat cum in hac tausa terret me exemplisequela quam in Papistis Antichristis in Judaeis videmus ubi cum statutum suisset Pseudoprophetas Judaeos occidi successu temporis factum est ut non nisi sancti prophetae innocentes truciderentur authoritate ejus statuti quo impii Magistratus freti Pseudoprophetas Haereticos fecerunt quosque voluerint Idem secuturum esse timeo apud noctros si semel uno exemplo probari potuit seductores esse occidendos cum adhuc apud Papistas videamus hujus staâ—nti innocentem sanguinem fundi pro nocente Quare nullo modo possum admittere falsos doctores occidi SATIS EST EOS RELEGARI qua poena si posteri abuâ—i volunt mitius tamen peccabunt fibi tantum nocebunt From which words it is evident First that Luther doth not simply condemne the putting of Hereticks to
death as unlawfull in it self but admits it lawfull and that they may deserve it Secondly That he speaks here onely of making a Law to put false Teachers and Seducers to death in that Age which he would by no meanes then admit of not because it was unlawfull but onely inconvenient at that time because it was likely to be abused to the shedding of innocent blood Thirdly that he held it then sufficient and lawfull too for the Magistrates to banish Seducers and false Teachers though they did not put them actually to death and by consequence held it lawfull to imprison and fine them too which is lesse then banishment yea him selfe writ to Methusum very earnestly that they should not receive the Anabaptists into their City but expell them so that Luther is point blank against Master Dell in that for which he cites him and for the Magistrates suppressing banishing Hereticks Schismaticks and Seducers I shall onely adde one passage more out of Luther point-blank against Master Dels opinion and quotation * Postil Dominica 5. post Epiphaniam .44 where interpreting the Parable of the Tares he resolves That the Masters bidding the servants let them alone till the Harvest doth neither inhibit nor restraine Church-Officers or the Civill Magistrate from restraining and punishing of Hereticks and other Malefactors with Ecclesiastical and temporall punishments concluding thence in these words Reliquae deindè sunt scandalorum cohertiones poenes Magistratum familiarum Patres morum disciplinae Magistros Hic adeò nulla phohibitio in suis officiis per hoc Christi praeceptum statuitur ut sunt haec omnia cum acerimis sanctissimis mandatis à Deo sancita Custodit Magistratus non solum secundam verùm OMNIUM MAXIME PRIMAM TABULAM Idololatrias Blasphemias Execrationes Perjuria ULCISCITUR Oblatas HAERETICAS in verum Deum contumeliosas atque alias eas BLASPHEMIAS DOCENTES COERCET Praefractiores atque in errore pertexendo contumaciores cum certissimo plurimum EXITIO pro malificiis PUNIENDOS SUSCIPIT Nequè cum boc facit Zizania evellere intelligitur quia cum suo officio in eo regno non versatür ubi interdictum de evellendis Zizaniis positum est Non igitur Magistratus hujus generis vitae corporalis Officiales quùm se scandalis perturbantibus tranquilitatem severa vindicatione obviam eunt Zizania contra Christi mentem evellunt sed id praestant pro parte sua ut verum Triticum in Ecclesia à Zizaniis non prorsus opprimatur Regnum Dei in terris non penitus exolescat Master Dell therefore might in wisdome have forborne his extravagant quotation of Luther whose Works I presume he never read which he tels us not where we may find among his numerous Volumes as he should have done His next quotation is a saying of Augustine out of Polanus but Augustine is most expresse against him not onely in his forecited passages against Petilian and the Donatists but in many others mustred up by Gratian Causa 23. quest 4 5. where you may read them at large to which I shall adde this sentence in his 166. Epistle where thus he writes To whom is it said Serve the Lord with feare c. is it not to Kings But how doe Kings serve the Lord with feare unlesse it be by a religious severity in prohibiting those things which are done against the Lords commands For every one of them serves him after one manner as be is a man after another manner as he is a King For as he is a man he serves him in living faithfully but as he is a King he serves him in prescribing Lawes commanding just things and prohibiting the contrary CONVENIENTI RIGORE SANCIENDO with convenient rigor and punishments like as Hezekiah served him in destroying Idols Groves and high Places And as Josiah served him And he addes this as a Reason elswhere Rex a Regendo dicitur non autem regat QUI NON CORRIGIT If Kings then be Kings of Hereticks Schismaticks Seducers Blasphemers Idolaters or Apostates as well as of other Subjects they must not onely governe but correct and punish them too by enacting severe Lawes against them and seeing them put in execution as this Father informes us That the devout and orthodox Roman Emperours not onely made severe Lawes against the Donatists and other Hereticks and Schismaticks but likewise appointed Dulcitius an eminent Colonel and Notary to take speciall care to see them executed Unhappy Master Dell to quote such a Father out of Polanus who is so pointblank against him and refutes his whole Sermon in his Books against the Epistles of Parmenianus and Petilian the Donatist Contra Cresconium Gram. Epist 48 50 as those who will take paines to peruse them may discover I wish this learned Gentleman hereafter to peruse and read Authors well before he quotes them and not to take them upon trust with such disadvantage to his cause and reputation too His other Authority out of Master Tyndal is nothing to purpose who speaks not one word against Kings Emperours or Christian Magistrates suppressing or punishing Hereticks and reforming the Church by outward power but writes expresly for it at large in his Books Intituled THE OBEDIENCE OF A CHRISTIAN MAN and THE PRACTICE OF POPISH PRELATES where he asserts That Kings and Magistrates are in the room of God that their Lawes are Gods Lawes and that they are to punish all evill doers and any sinne that shall break out and though he blameth them for being the Popes and Bishops Hangmen in his dayes to kill whomsoever they condemned without more adoe vpon their bare commandement without any due examination of the cause Yet if upon their owne examination they shall find them to be Heretecks or false Teachers he then admits They may justly punish and put them to death without any danger exciting both Emperours and kings to reforme the Church and to shake off the Yoake both of the Pope and Prelates together with their Canons Superstitions and false Doctrines So that this holy Martyr oppugnes Master Dels opinion for which he quotes him and speaks only of forcing Infidels by the Sword of war without instruction to embrace the Christian Faith His last Authority is Vlricus Ab Hutten but where his words are recorded he makes no mention neither are they pertinent being spoken to a Councell of Priests as he confesseth not to Christian Magistrates which yet he foisteth into his English translation of his words not being in the Latin Surely as this foisting is unsufferable so I must acquaint Master Dell that this quotation was very unhappy and fatall to his cause since this very Author hath written a Book DE SCHISMATE EXTINGUENDO wherein he refutes that very opinion he would fasten on him And thus I have given you a briefe account of Master Dels great skill and learning in mistaking mis-citing perverting every Author which he cites whose
opinions are all pointblank against him asserting the Magistrates legislative coercive and punitative power in case of Heresie Schisme Seduction Blasphemy and all kind of open sinne against God or the Churches peace as well as against men so as I beleeve his owne words I have ACCIDENTALLâ— MET WITH THEM to be true itimating he never read the Authors themselves and I hope I have substantially retorted them to his shame He addes there That the Truth he meanes the Anti-magistraticall Anabaptisticall errors he maintaines against the Magistrates coercive power hath but a few Followers which implies that what I assert hath Many And indeed it hath so as many as would overswell this Treatise I shall therefore give you onely a touch of some Not to mention all the godly Emperours Kings Princes Republicks Lawes and Proceedings forecited to this purpose recorded approved by all Ecclesiasticall Histories Divines Ancient and Moderne as Eusebius Socrates Scholasticus Theodoret Sozomen Ruffinus Cassiodor Evagrius Nicephorus Callistus the Century Writers Augustine Epist 48 50. and Contr. Lit Petiliani lib. 2. Peter Martyr Aretius Paraeus Beza and others Nor yet to remember the sayings of Hierom Ambrose and other Ancients to this purpose collected by Gratian Gausa 23. qu. 4 5. where you may peruse them at large nor of Julius Firmicus Maternus or Chrysostome in Rom. 13. nor the saying of Amphilochus to the Emperour Theodosius recorded by Theodoret Eccles Hist l. 5. c. 16. nor of Ambrose to the Emperour Valentitian the second registred by Theodoret l. 5. c. 13. or that in his Epist 12. 33. and his Oratio ad Auxentium nor Chrysostomes notable speech to the Emperour Arcadius recorded by Symeon Metaphrastes Ribadeniera and others in his life against the toleration and for the suppression of Hereticks all pertinent to my purpose I shall give onely a briefe account of some Fathers Opinions in this point to satisfie the learned Readers Tertullian who lived in the dayes of Persecution is of this opinion That Hereticks ought to be forced and punished Ad Officium Haereticos COMPELLI non illici dignum est duritia vincenda est non suadenda c. Saint Cyprian who was himselfe a Martyr writes thus Sic Idololatriae indignatur Deus ut praeceperit etiam eos interfici qui sacrificare servire Idolis suaserint in Deut. 13. iterum loquitur Dominus dicit nec Civitati parcendum etiam si universa consenserit ad Idololatriam Cujus praecepti rigoris memor Mathathias enterfecit eum qui ad aram sacrificaturus accesserat Quod si ante adventum Christi circa Deum colendum idola spernenda haec praecepta servata sunt QUANTO MAGIS post adventum Christi servanda sunt c. Et cum ille passus sit pro alienis peccatis muliò magis pro peccatis suis pati unumquemque debere From which place Jacobus Pamelius in his Annotations on this Chapter Annot. 27. and Bellarmin de Laicis l. 3. c. 21. inferre the lawfulnesse of putting not onely Idolaters but Hereticks also to death under the Gospel and good reason for it if we beleeve Rhabanus Maurus for Haeretici quot erroribus tot Idolis sunt obnoxii Epiphanius Cyrill of Hierusalem and Others record and approve the punishment of Manes the Heretick who had his skin flead off from his body and then was cast unto and devoured of Dogs Saint Jerom records and approves the edicts of the Christian Emperour Quae de Alexandria Aegypto Origenistas pelli jubent and against Priscillian the Heretick Qui SECULI GLADIO totius Orbis Auctoritate DAMNATUS EST And in his Commentary on Galat. 5. I would they were cut off that trouble you he writes thus Certè nullam puto inveteri Lege iam trucem tam cruentam in aliquos esse sententiam quà m utinam abscindantur qui vos perturbant Si putant sibi hoc prodesse non solum circumcidentur sed etiam abscindantur si enim expoliatio membri proficit multò magis ablatio with whom Primasius and Claudius Altisiodorensis concurre in terminis in cap. 5. Epist ad Galat. Saint Chrysostome though he seems unwilling to have all Hereticks slain and put to death Si enim morte plectarentur Haeretici atrox profectô irreconciliabile bellum universo terrarum Orbi esset inserendum their multitude being then so great dispersed over the whole world yet he addes even from the Parable of the Tares it selfe Non autem prohibet Dominus quo minus impudentem Haereticorum audaciam SUFFRENEMUS SIMUL ET RESTRINGAMUS verum ne vita prorsus exigamus And in his 47. Homily on Matthew he addes Non prohibet autem Conciliabula Haereticorum DISSIPARE ora obstuere libertatem loquendi concidere verum interficere trucidare With whom Euthymius accords both of them agreeing That where Hereticks who are Tares cannot be plucked up without danger to the Wheat and orthodox Christians there they are not to be put to death but when and where there is no such danger they may be executed even be death This was Saint Augustines opinion at first That Hereticks were not to be punished by the Secular Magistrate nor put to death which upon consideration he afterwards retracted asserting at last Both the utility and necessity of the Magistrates Coercive power and justifying the Emperours Lawes and procéedings against them even unto death it selfe though to avoid the censure of cruelty he sometimes intercedes for the sparing of the lives even of those Hereticall Donatists who had murdered some Orthodox Ministers and Christians out of a misguided Zeale and offered violence to their persons houses goods and most justly deserved to be punished with death as he acknowledgeth This opinion of his even for the capitall punishing of Hereticks you may read at large in his lib. 1. contr Epist Parmeniani cap. 7. Tract 11. in Joan. where he thus writes Mirantur quia commoventur potestates Christiane adversus detestandos dissipatores Ecclesiae Si non ergo moverentur quomodo redderent rationem de imperio suo c. Videtis qualia faciunt qualia patiuntur occidunt animas affliguntur in corpore sempeter las mortes faciunt ET TEMPORALES SE PERPETI QVERVNTVR c. Cyrill Archbishop of Alexandria in his 20. Epistle determines thus concerning the Heresie and Blasphemy of the Heretick Nestorius to whom he held it very dangerous to indulge a Pardon Si enim qui vel unam contra Religiosissimos Christi amanâ—iâ—simos Reges nostros blasphemam ausus fuerit emittere vocem meritò quam leges praescribunt patitur indignationem NON MAGIS IMPIVS ILLE EAM PATIETVR qui sacrum nostrum mysterium universum subvertit Dispensationem è medio tollit quam sanctus benignus Dei Patris unigenitus Filius homo fieri dignatus nostri gratia adimplevit ut nos omnes servaret
Vicegerents punish all high Treasons or Offences not the King alone in person committed directly against the King himselfe and that with greater care then any offences against other persons and Councels of Warre punish offences against the General himself more exemplarily then against inferiour Officers which if this hold good they could not intermeddle with We read John 19. 12. 13. That when Pontius Pilate would have released our Saviour Christ the Jewes cryed out saying if thou let this man goe thou art not Cesars friend whosoever maketh himselfe a King speaketh against Caesar When Pilate therefore heard that saying he brought Jesus forth and sate downe on the Judgment-seat and delivered him ever to the chiefe Priests to be crucified who said we have no King but Caesar Certainly I may much more truly say that those Princes Judges Magistrates who are Gods Deputies and sit upon his Throne of judgment are no friends at all to God and lesse zealous for him then Pilate was for Caesar if they doe not with all care and zeale punish such Atheists Blasphemers Hereticks most severely who sinne immediately against that God whose very Vicegerents and Avengers they are and it shall be more intolerable for them at the day of judgment then for any Judge or Viceroy who wilfully refuseth to punish high Treason against his earthly Soveraigne which is no lesse then high Treason in himselfe I shall say no more to this Objection but that it is fitter for Beasts then rationall men for incarnate Devils Atheists then spirituall Saints for God-dammee Cavaliers then Parliament-Troopers who deserve to be boared through the Tongue or rather to have their Tongues cut out for such blasphemous arguments in favour of blasphemy The thirteenth Objection is this Repentance to the acknowledgment of the Truth being a special gift of God and man not capable of it nor of any divine supernaturall truth not revealed by the very light of nature it is very unreasonable that the want of it being a judgment upon a man from God and which withall no way proves hurtfull unto others at lest not necessarily or unavoydably hurtfull that it should expose him to further misery and punishment from among men a reasonable man will think it very hard and unreasonable to punish a man for not doing that which is onely proper and in the power of God alone to doe I answer that this is one of John Goodwins Atheisticall reasons against the Magistrates jurisdiction to punish Hereticks Schismaticks Antitrinitarians or Denyers of the Deity of Christ and the holy Ghost with corporall and capitall punishments borrowed from Petilian the Donatist warranted by no Text at all and directly contrary to the whole current of Scripture as I shall prove by these instances First if this argument holds good then no man can in any reason be punished or damned either for originall sinne or unbeliefe or want of repentance faith or any other saving grace because it it not in mans owne power industry or seeking to avoyd these sinnes or procure these saving graces but onely in the power of God to work them yet God punisheth these unavoydable sins and want of these spiritual graces with eternal death Secondly the want of the grace of God hardens mens hearts the defect of his fear before their eyes which is not in their power but Gods is one principall cause why men commit or fall into any capitall sins as Treason Murder and the like as well as coÌ„mit and fall into Heresie Schism Blasphemy Atheism Idolatry But the want of Gods grace or feare to prevent Treason or Murder will not excuse Traytors Murderers or other Malefactors from the Gallowes nor Children nor Servants from their Parents and Masters due correction therefore not Hereticks Idolaters Blasphemers Atheists Schismaticks from due punishments Thirdly admit it would be hard and very unreasonable for a Christian Magistrate to punish any Heathen who never enjoyed the meanes of Christianity nor professed the Christian Religion for not beleeving in Christ or the holy Ghost or for contradicting any truths revealed onely by the light of Scripture not nature since as many as have sinned without the written Law shall be judged without the written Law onely for breach of the Law of nature as Divines determine from Rom. 2. 12 to 17. Yet since Christians who professe Christianity have the light of the Scripture to direct them which by diligent reading hearing prayer meditating conference to which they are obliged and which lyes in their owne power they may fully understand so farre as to discerne between Heresie Error Blasphemy and the Truth it selfe it is as great reason justice that the Christian Magistrate should punish them with corporall and in some cases with capitall punishments as God with eternall for broaching damnable Heresies Errors Blasphemies and Schismaticall opinions against the written Word or as to punish Heathens or Christians for any offence committed by them meerly against the Law of nature which is nothing so cleere and perspicuous to Heathens as the Scripture is or may be unto Christians Fourthly admit the Objection solid yet it is nothing to purpose since the Magistrate never punisheth any man for his meer ignorance or unbeliefe as is pretended though Ecclesiasticall Officers doe by suspention from the Sacrament and I think Master Goodwin too against this very argument which holds as well in Ecclesiasticall as Secular punishments but onely for actuall maintaining or venting damnable Hetesies Errors Blasphemies and Schismaticall practises after admonitions and other meanes used to reclaime them Therefore the Objector might well have kept this rover in his quiver which comes not â—eer the mark Fiftly Heresies Blasphemies Errors Schismes are exceeding prejudiciall to others and Gods eternall punishing of them hereafter is no supersedeas to the Magistrates censures of them here as I have formerly evidenced Therefore this Argument is both false and idle The fourteenth Objection is this That power is very dangerous for a Magistrate to owne in the exercise whereof he may very easily and commonly doth run a hazard at lest of fighting against God or of plucking up that which he hath planted or of pulling downe that which God hath built up But such is that power of punishing Heresies Scismes Blasphemies c. which A. S. cum multis aliis are ready to fasten upon him Ergo. The proposition is too much every mans sense and consent to be A. S. his dissent The Assumption he proves because those practises in Religion which the Magistrate is borne in hand by those whose eyes be sees with in such cases to be schismaticall erronious and contrary unto God may very possibly be the wayes and truths of God because Synods Parliaments and Magistrates formerly have mistaken in this kind and may still mistake I answer first that the proposition is not onely without but against Scripture and might have been made against the Magistrates and
thereof to wit the reall conversion and reformation of Hereticks Schismaticks and Blasphemers not the pollution of their consciences a meer contingent not proper effect which effect I have proved at large it usually produceth and was ordained purposely to produce by Gods owne institution Fiftly the two objected inconveniences arising from the use of this coercive power are produced very rarely and that in few or none but the contrary effect ordinarily in many yea I dare assert it to be a lesse sinne to the party punished farre lesse dishonour to God and lesse mischiefe to a Christian Church or State for Hereticks Schismaticks Blasphemers to embrace the true Religion and worship of God established by the State to repair to join w th our Assemblies in all publick Ordinances contrary to the graine of his own seduced judgment erronious inclination then to persevere in damnable Heresies Schismes Blasphemies which his erronious conscience apprehends to be agreeable to the Truth Therefore this pretended mischief must vanish into smoak and can no wayes impeach the use of the Magistrates coercive power Sixtly I retort that the first of these two pretended effects not usually appearing in any one restrained Heretick Schismatick or Blasphemer is experimentally verified in the highest degree in many of the Objectors unrestrained unpunished Saints faithfull and anointed spirituall ones whom they so much exalt in a superlative manner for their transcendent holinesse their very impunity for three yeers space hath caused God so farre to withdraw himselfe from their formerly tender consciences and to leave them so farre unto themselves as he did the Circumcellioes among the ancient Donatists that they have many of them by degrees contracted such a boldnesse impudence and desperatenesse-in sinning inventing most damable execrable horrid Blasphemies Heresies Errors Tenets concerning the Father Sonne and holy Ghost and their respective Deity Unity the sacred Scriptures all Gods Ordinances almost the immortality of the soule the salvaâ—ion of all men and devils and the like committed such horrid outrages maintained the lawfulnesse of such prodigious sinnes practises and printed such scurrilous malicious railing slanderous Libels against both Houses of Parliament the Assembly Scots our Religion Worship Directory Minister Churches Ordinances Lawes and persons of greatest eminency and desert as all the Ages from Adam till 1642. are unable to paralleâ— as Master Edwards hath largely demonstrated in his Gangraenaes beyond contradiction All which such a severe execution of our Laws against Hereticks Schismaticks Blasphemers Sectaries Anabaptists would have prevented and crushed in the shell from which I may justly conclude That God will take no more pleasure in them or their consciences and if he ever give them grace to reflect upon these Enormities their Heresies Blasphemies Schismes it will bring them into such grievous agonies of perplexity horror as I doubt they will never recover out of them afterward and for which they are already for ever lost in the opinions of all truly pious and conscientious Christians who have been made acquainted with these their exorbitances And thus I trust I have unanswerably answered those Arguments which the Author of A Reply of two of the Brethren to A. S. to wit John Goodâ— in challengeth A. S. to answer solidly and thologue-like BY REASON he addes not Scripture which he excludes not by vote which he professeth himselfe unable to answer and to make him seperate in judgment from A. S. and others in the point in hand There is one grand Objection more much insisted on in former times by Donatists and Anabaptists and that is from the 1 Cor. 11. 19. For there must be also Heresies or Sects among you that they which are approved may be made manifest among you Whence they argue thus That which must needs be that they who are approved may be made manifest may not nor ought not to be punished nor suppressed by the civill Magistrate But such are Heresies and Sects as this Text defines Therefore they are not to be punished nor suppressed by the civill Magistrate I answer first that the proposition is meerly false in sundry particulars I. There is no absolute necessity that there should be Heresies and Sects in the Church of God nor yet in this or that particular or Nationall Church but it is meerly contingent through Gods permission Satans malice Mens pravity pride and corruption as Authors who have written of Heresies and Comentators on this Text accord II. This Text speaks not properly of Heresies but rather of Divisions and Sects as is cleere by comparing it with the next preceding words I heare there be Divisions or SCHISMES among you and I partly beleeve it for there must be also Sects as the margin of our new Translation and others render it among you not in every Church in every Age that those who are approved may be made manifest among you and with chap. 1. v. 10 to 17. Now there may be Schismes without Heresies properly so called as all accord though seldome or never any grosse Heresie without Schisme III. Admit there were an absolute necessity of Heresies in every particular or Nationall Church in all Ages more or lesse which this Text imports not yet it followes not thence Ergo they must be tolerated and not suppressed nor Hereticks punished and put to death for by such Logick and Divinity no sin nor wickednesse nor Malefactor whatsoever should be punished or suppressed but all tolerated without impunity There is as great a necessity in regard of mans corrupt nature since his fall that there should be Traytors Murderers Theeves Idolaters Sodomites and hainous capitall offences and offenders of all sorts in all Ages especially in the last times as well as Heresies and Hereticks as is cleer by Gal. 5. 19 20 20 21. Rom. 1. 26 to 31. 1 Cor. 5. 1 Tim. 3. 1. to 7. 2 Pet. 2. and daily experience will it therefore follow that Traytors Murderers Theeves Idoloters Sodomites and the most detestable crimes and Malefactors of all sorts must neither be restrained nor punished especially with death Impudency it selfe dares not assert it If therefore the necessity of these sinnes and hainous Malefactors will not excuse nor exempt them from punishment no more will the necessity of Heresies or Hereticks in the Church exempt them from suppression and punishment by the civill Magistrate and the Objectors may as well argue Men must not write preach pray nor dispute against them as that they must not punish them Our Saviour himself refutes this consequence as absurd Luke 17. 1 2. Matth. 18. 6 7 8 9. But whosâ— shall offend one of these little ones which beleeveth in me it were better that a Milstone were hanged about his neck and that he were drowned in the depth of the Sea Woe unto the world because of offences for IT MUST NEEDS BE THAT so Matthew or IT IS IMPOSSIBLE BUT THAT OFFENCES WILL COME so Luke but WOE to the man by
beleiving Hebrews That whilest they were made a gazing stocke through reproches and afflictions yet even then they tooke it the spoyling of their goods joyfully knowing that they had in Heaven a better and more enduring substance Yea our light affliction which is but for a moment worketh for us a far more exceeding and eternal weight of glory Vpon this ground all the magnanimous Saints of God not only rejoyced in the hope of the glory of God but even gloried in tribulation bid this publike defiance to all sorts of persecutions whatsoever Who shall separate us from the love of Christ shall tribulation or distresse or PERSECVTION or famine or nakednesse or perill or Sword as it is written for thy sake are we kill'd al the day long we are accounted as sheep for the slaughter Nay in all these things wee are more then Conquerors through him that loved us And therefore we read of some Martyres who in the middest of their tortures would not accept deliverance that they might obtaine a better resurrection Yea the elect scattred Saints to whom Peter writes Did greatly rejoyce in their heavenly inheritance even when 7 they were for a season in heavinesse through manifold temptations That the triall of their faith being much more precious then of Gold that perisheth though it bee tryed with the fire might be found unto honour and praise and Glory at the appearing of Jesus Christ It is the first lesson our Saviour learnes all those who will come after him to deny themselves and take up his crosse daily and follow him And the Scripture is expresse That al that wil live Godly in Christ Iesus shall suffer persecution And that it is given to the Saints in the behalfe of Christ not only to beleive on him but al o to suffer for his sake and this is both their blessednes and highest honour they are capable of for if we suffer with him we shall also raigne with him Vpon which ground Peter thus bespeakes the Saints Beloved think it not strang concerning the fiery tryall which is to try you as though some strange thing hapeaed unto you But REIOYCE in as much as ye are partakers of Christs sufferings that when his glory shall be revealed ye may be glad also with exceeding joy If ye be reproached for the name of Christ happy are yee for the spirit of Glory and of God resteth upon you on their part he is evill spoken of but on your part hee is glorified But let none of you suffer as a Murderer or as a Theefe or as an evill doâ—r or as a busie body in other mens matters yet if any man suffer as a Christian let him not bee ashamed but let him glorifie God on this behalfe Wherefore let them that suffer according to the will of God commit their soules to him in welldoing as unto a faithfull Creator From all these Texts as likewise from this description of the Saints Rev. 12. 11. That they loved not their lives unto the death it is most apparent that the Objectors extraotdinary feare of and clamors against persecution proceed from a meere degenerous carnall base unchristian spirit and discovers them to be none of those true hertick faithful Sts. of God who bid defiance to al persecutions for Christs sake rejoycing being exceeding glad as the Apostles did that they are accounted worthy to suffer shame imprisonment losse of Goods or their very lives for his name or truth and I doubt their consciences tell them their very way and cause is naught because they are so afraid to suffer in or for it fearing those only who can kill the Body at the utmost and doe no more but not him who can cast both soule and body for ever into hell Let this their fearefullnesse unwillingnesse to suffer any thing for Christ with their whining crying out like Swine before the knife be neare their throats or any Coards about their Legges whereas Christs sheepe like himselfe are mute not opening once their mouth before the shearers or Butchers convince both them and others that for all their vaunting of their Saint-ship they are no true generous Saints nor Sheepe of Christ but rather Swine in Sheeps Cloathing 2ly I answer it is no persecution nor cruelty at all either in Godly Christians to informe against or prosecute nor in godly Magistrates to punish obstinate Heretickes Schismatickes Seducers or Blasphemers with Fines imprisonments banishment and in some cases with capitall punishments after all other milder and spirituall meanes attempted for their conversion It is no cruelty but necessary Christian pollicy to cut of a gangrend member to preserve the residue of the Body even from suddaine destruction or to cut off a right hand pull out a right eye to save the whole body from perishing It was no persecution but an act of piety and necessary justice for Godly Princes to kill and destroy Idolaters Seducers and false Prophets under the Law Therefore it can be no persecution to suppresse imprison Fine banish burne or put to death incorrigible pestilent execrable Heretickes false-Teachers Blasphemers or Schismatickes under the Gospell yea it is an act of spiritual mercy both to themselves and others to the States and Churches wherein they live and an act of cruelty or destructive mercy to spare them It is an act not only of mercy but love in naturall Parents to correct their Children when they do amisse to reforme and amend them it is an act of greatest mercy and Love in God our heavenly Father to do the like as the Scriptures plentifully manifest It was an act of love mercy not severity in God to captivate afflict Manassâ—th u thereby to humble him for and convert him from his enormious sinnes So likewise to dethrone and humble Nebuchadnezer in the very height of his pride to bring him to the knowledge of himselfe and confession of the infinite all-disposing power of God Yea it was an act of extraordinary love and compassion in Christ to unhorse and terrifie Saul from Heaven and strike him with astonishment and blindnesse when as he was persecuting him in his members thereby effectually to convert and 〈◊〉 him of a bitter Persecutor an Apostle and most active spreader of the Gospell in many Countries therefore he records it as an act of Gods richest mercy love 1 Tim. 1. 12. to 17. So by the selfesame reason it is a worke both of mercy love and piety in the Christian Magistrate not of cruelty and persecution to restraine and punish obstinate Heretickes Seducers Blasphemers Schismatickes and that in a threefold respect First to the parties restrained or punished because it many times convertsthem from their damnable Heresies Errors Schsmes Blasphemies which would bring upon them swift destruction when no meanes else will prevail or if not at least it hinders them from doing
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
servare gregem Quam rem Christus ipse mihi visus est apertè satis indicasse quandoquidem Lupos rapaces vocaverit eos Quis enim rapacem Lupum ubi gregi metuit suo non prius occideret quà m sinat oves ab eo dilaniari Quis est qui nescit quod pastori charior esse debet suarum ovium salus quà m Luporum vita Quamobrem cum alterutros perire necesse sit hoc est aut oves aut lupos quid stolidius cogitari potest quà m ita lupis indulgere ut gregis tandâ—m universi jacturam patiaris Id quod haud dubiè futurum est si lupos non interimeris Et ut istis lupis nemo prudens pastor ità favere debet ut interim oves pereant ita nec Hâ—reticis parcendum est ne per eorum violenta dogmata depereant orthodoxi Nam Haereticorum Sermo multò perniciosius est hominibus â—uà m ovibus lupus Sermo enim eorum ut ait Paulus velut cancer serpit Qâ—amobrem si liceat feras non arcere solum sed etiam interimere ne pecudibus noceant MVLTO MAGIS ID LICEBIT DE HAERETICIS STATVERE ne tantam animabus Christi sanguine redemptis inferant perniciem Nam qua precor alia ratione Christiano gregi contra lupos istos succurrere poteris Num censuris Ecclesiae Sed has ipsi contemnunt penitus An amissionis rerum suarum metu Sed isti nec Deum nec homines metuunt An exilio Sea per literas haereses disseminare suas poterunt An carceribus Sed custodes crebrò per illos corrupti sunt Brevitèr quocunque locorum vivere permittuntur nunquam ab eorum dentibus tuta fuerit Christiani gregis salus which he prosecutes at large To him I shall subjoine Sixtus Senensis Bibl. Sanctae lib. 6. Annot 60. in Matth. 13. 30. who proves from Chrysostome Augustine and Euthymius That Hereticks may be slaine and pulled up as Tares when it may be done without danger of plucking up the Wheat together with them Benedictus â Benedicto in his Jacula Ecclesiae Catholicae ex Catholicorum ipsisque Haereticorum Assertionibus deprompta Venetiis 1608. Haeresis 229 230 231. p. 133 to 137. where he copiously proves the lawfulnesse of Christian Magistrates restraining and putting Hereticks to death from the Authorities of Athaâ—asius Joannis Maxentius Augustine Prosper the Councels of Constans and Lateran the Decrees of sundry Popes and the testimonies even of Luther â—uâ—er Manilius Lusser Joachimus Westphalus Melancton Bullinger Brentius Capito Calvin and Beza Joannis Langhâ—crucius de Vita Honestate Canonicorum l. 5. c. 19. l. 6. c. 33. Jacobus Spielegius Lexicon Jurid verbo Haereticus Claudius Espencaeus Comment in Epist 1. ad Tim. c. 1. verse ult Gregorius de Valentia Tom. 3. Disput 1. qu. 10. Egidius de Coninck Disput 35. de Divortio Dub. 4. p. 863. Suarez de Triplici virtute Theologica Disp 18. sect 2. The Rhemists in their Notes on the New Testament on Luke 9. sect 5. and Apoc. 17. sect 6. whom neither Doctor Fulke nor Master Cartwright contradict herein in their Answers to these Notes Justus Lipsius lib. 4. Polit. c. 2. Rebuffus Praxis Beneficiorum pars 3. de modis amittendi Beneficia p. 227 228 c. Meyser l. 4. De Legibus sect 1. qu. 10 11 12. Per. Gregorius de Republica l. 12. c. 4. Jacobi Greseri Prologomena in Scriptores Contr. Sectam Waldensium c. 6. Bibl. Patrum Colon. Agrip. 1616. Tom. 13. p. 292 293. Jacobus Pamelius Annotationes in Epist 52. Cyprian Annot. 78. p. 63. Annot. 27. in Cypr. Exhortat Martyrum p. 198. Claudius de Sanctes ad Edicta Veterum Principum de Methodo contra Sectas Robert Arboricensis de Haereticis coercendis de compescenda Haereticorum petulentia Arnoldus Albertinus Comment Rubr. C. 1. de Haereticis Joannis Nicholas Aulati de Haereticis Alanus adversus Haereticos Arnoldus Albertinus de Haereticis Joannis Gerson de Potestate circa materiam fidei Oper. Tom. 1. p. 422. to 430. Petri Berchorii Reductorium Morale super Levit. ca. 6. p. 50 51. Georgii Wicelii Homil Domini 8. post Trinit Sebastianus Barradius Comment in Histor Harmon Evang. Tom. 2. l. 2. c. 12. Tom. 3. l. 3. c. 15. num 46 47 48. Thomas Sanches Opus morale in precepta Decalogi l. 2. c. 7. to 15. where this is largely handled Florimond de Remond L'Histoire de la Naissance Progresse Decadence de L'Heresie de ce Seicle A Paris 1610. Michael Mauclerus de Monarchia Divina Ecclesiastica seculari Christiana Lutetiae Parisior 1622. Secundae partis lib. 2. c. 12. l. 7. c. 8. Tertiae partis l. 3. c. 9 10 11. l. 8. c. 10 11. Quartae partis l. 1. c. 9 10. l. 5. c. 2. where this point is most copiously handled asserted Marcus Antonius de Dominis Archbishop of Spalato De Republica Ecclesiastica l. 6. c. 4 5 6. where this is amply proved Joannes Malderus de Virtutibus Theologicis Antuerpiae 1616. quaest 12. de Haeresi Artic. 3. num 1 De PAENA MORTIS JUSTE HAERETICIS INFERENDA A MAGISTRATU CIVILI where he copiously confirmes this Tenent affirming it Certum esse secundum fidem propter consensum Ecclesiae OMNIVM DOCTORVM qui illud tanquam DOGMA FIDEI TRADUNT which he further prosecutes numb 4. Martinus de Fano De Brachio per Judicem Ecclesiast implorando Gundisaluus de villa Diego de Haereticis Joan Nicholaus Arel de Haereticis Jac Pamelius de Religionibus diversis non permittendis Joannes de Roias de Haereticis Dammianus Roscius de sectis Haereticorum Consilia ad Haereticorum confusionem Zanchius Vgolinus de Haereticis Antonius Santorellus de Haeresi Schismate Apostasia Franciscus Pegna de modo procedendi Contr Inquiâ—itos de Haeresi Amb de Vignate de Haeresi Francis Zabarella de Scismâ—tibus Authoritate Imperiali tollendis Ludovicuâ— Carerius de Haereticis Thâ— Aquinas 2 secundae qu. 10. 8. 0. qu. 11. 3. l. 4. Distinct 13. qu. 2. 3. Quodl 10 16. ob determines thus Haeretiâ—i possunt justè occidi in judicio seculari incarcerari rebus suis privari etiamsi alios non corrumpant magis quà m rei criminis laesae Magestatis vel quà m cudentes falsam monetam his reason is because they commit high Treason against the King of Heaven And quia haeresis subvertit fundamentum omnium bonorum Ideo plus caeteris peccatis nocet est gravissimum omnium peceatum per se Dominicus Bannes in 2 secundae S. Thom. qu. 11. Artic. 3 4. and most other Schoolmen on the second part of Aquinas assert the like And to name no more Cardinal Bellarmine himself de Pontifice Romano l. 1. c. 2. de Laicis l. 3. c. 21 22. largely and learnedly proves by Scriptures Fathers Protestant Writers reasons Imperial Laws and other Authorities That Magistrates may yea ought
to punish and put to death obstinate Hereticks affirming That this is the unanimous opinion of all Catholicks And he there solidly answers the severall objections made by Anabaptists and others to the contrary quoting Master Calvin Aretius and Beza as concurring in opinion with him herein But passing by all these with other Romaniâ—â—s whose long continued daily practise in putting such to death and burning them to ashes whom they condemne for Hereâ—â—cks is an unanswer bâ— evidencâ— of their opinions herein I shall proceed to the Resolutions and Judgments of such Protestant Churches in their publick Confessions and learned Protestant Writers of chiefest note from the very glimmerings of Reformation untill this present which will be more pâ—nâ—â—rous and prevailing with our Opposites and Sectaries who commonly slight Antiquity and now all other Authors as of small or no account then any other Authorities and I presumewill give good satisfaction to all ingenuous Readers but I am certaine will overballance Master Dâ—s pretended Authorities to the contrary and put him to perpetuall silence I shall begin with the Confessions of whole reformed Protestant Churches and then passe unto their Writers The Reformed Churches of Hâ—lvetia in their former Confession resolve thus Seeing every Magistrate is of God his chiefe Duâ—y consisteth in this To dâ—sâ—nd Religion from all blasphemy and to promote and put it in practice as much as in him lieth and to judge the people according to just and divine Lawes and to punish the Offenders according to the quantity of the fault in their Riches Body or Life Which things when he doth he performeth a due worship or service to God And in their later Confession chap. 30. of Magistracy The Magistrates chiefest duty is to procure and maintaine peace and publick tranquility which doubtlâ—sse he shall never doe more happily then when he shall after the example of most holy Kings and Princes of the people of the Lord advance the preaching of the Truth and of the pure and sincere Faith and shall ROOT OVT LYES and all Superstition with all Impiety and Idolatry and shall defend the Church of God For indeed we teach that the care of Religion doth chiefly appertaine to the holy Magistrate let him therefore hold the Word of God in his hands and LOOK THAT NOTHING BE TAVGHT CONTRARY THEREVNTO Let him draw forth the Sword of God against all Malefactors seditious persons Theeves Murderers Oppressors BLASPHEMERS Perjured persons and all those whom God hath commanded him to punish or execute LET HIM SVPPRESSE STVBBORNE HERETICKS which are Hereticks indeed who cease not TO BLASPHEME the Majesty of God and to trouble the Church yea and finally to destroy it We condemne the ANABAPTISTS who deny that any man can justly be put to death by the Magistrate c. The Confession of the Reformed French Churches resolves That God hath therefore delivered the Sword into the hands of the Magistrates that Offences may be punished not onely those which are committed against the second Table but also against the first c. The Confession of Belgia determines That it is the duty of Kings Princes and Magistrates to endeavour that the Ministry may be preserved that all Idolatry and counterfeit worship of God may be cleane abolished that the Kingdome of Antichrist may be overthrowne and the Kingdome of Christ enlarged c. Wherefore we condemne the Anabaptisis and all those troublesome spirits which reject the higher Powers and Magistrates overthrow all Lawes and Judgments c. which God hath appointed among men for honesties sake The Confessions of Auspurge Basill Bohemia Scotland determine the like as you may there read at large I shall adde some few forraigne Protestant Authors of chiefest note to these Confessions Marsilius Patavinus a great opposer of the Popes usurpations asserts That although the Pope Prelates and Clergy men have no coercive power to compell Hereticks and Schismaticks to beleeve and embrace the Gospel or to constraine men to keep the precepts of the Evangelicall Law Yet Christian Emperours Kings Magistrates may by their humane Lawes punish imprison fine banish Hereticks and that it belongs properly to them not to Priests to punish and condemne Hereticks concluding thus Quod poenas personales atque reales Haereticis infligere ipsasque exigere sibique applicare LICITE POSSUNT ET SOLEBANT PRINCIPES sivè legislatores humani Henry Bullinger Decadis secundae Sermo octavo prapounding this Question then in controversie An liceat Magistratui sua potestate subjectos punire Religionis vel contemptae vel contumeliis effectae gratia Resolves it thus In personis igitur magna est diversitas Sunt enim antesignani duces pervicaces in erroribus qui audaces sunt Hypocritae loquaces ideò ad seducendum appositissimi ipsi quidem sine emendatione in propriam ruentes perniciem alios secum pertrahent Et hi MODIS OMNIBUS SUNT COERCENDI veluti Ecclesiae pestes ne contagio ipsorum seu cancer serpat latius Sunt deinde seducti quidem damnati ab alijs qui errant sed non malitià nec pertinaciter sed resipiscunt in tempore Hos non oportet damnare protinus sed orare Dominum ac sustinere errantesque spiritu lenitatis mansuetudinis erudire donec redeant ad mentem meliorem Porro in erroneis Dogmatibus alia alijs sunt graviora Sunt quaedam adeò Blasphema impia indigna ut ne audiri quideÌ„ ne dum ferri possint sunt quae directè palam tendunt in subversionem Reipublicae nisi in tempore sopiantur Oportet autem Scripturis â—anifesta veritate evincere illa quae in accusationem veniunt esse talia qualia dicuntur Comperta veritate productis apertis testimonijs Scripturae licebit in blasphemos eversores Ecclesiae Reipublicaeque gravissimè animadvertere Sed levior mitiorque poena decernatur contra errantes in levibus non in capitalibus erroribus Nam errant quidam sed ita ut horum erroribus Deus non blasphemetur Ecclesia consistat Denique ipsa non interturbatur Respublica Ubi rursus occurrat illud Apostoli Alter alterius onera portate Item infirmos in fide suscipite non ad dijudicationes disceptationum Jam in suppliciis poenis insigne est discrimen Pertinaciter errantes alios secum in errores abducere inque erroribus retinere nitentes blasphemi perturbatores imò subversores Ecclesiarum JURE CAEDI POSSUNT ideò tamen capitis supplicio non protinus afficiendus est omnis qui errat Et quae minis increpationibus curari possunt non debent acerbioribus elui puniri Modus in re qualibet optimus est Est multa pecuniaria sunt CARCERES in quos concludi possunt ne alios inficiant qui veneno pravae doctrinae fidei corrupti sunt Sunt ALIAE CORPORUM AFFLICTIONES quibus coercentur errantes ut minus noceant