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A56215 The sword of Christian magistracy supported, or, A vindication of the Christian magistrates authority under the Gospell, to punish idolatry, apostacy, heresie, blasphemy, and obstinate schism, with corporall, and in some cases with capitall punishments ... by William Prinne of Lincolns Inne, Esquire. Prynne, William, 1600-1669. 1653 (1653) Wing P4099; ESTC R15969 222,705 186

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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
praestigiosa illa superstitio deleta est vt sacerdotum ipsorum orthodoxorum Doctrinam sitientibus desiderijs amplexerentur After which this heresie sprouting up again in the year 449. Germanus and Severus coming hither out of France to suppresse it there was another Councell assembled wherein the Authors of this revived heresy were inquired after and being found were condemned and BANISHED the Island by the generall sentence of all Omniumque sententia pravitatis auctores qui erant EXPVLSI INSVLA sacerdotibus adducuntur ad medeterranea deferendi ut regio absolutione illi EMENDATIONE fruerentur factumque est ut in illis locis multo ex eo tempore fides INTE MERATA PERDVRARET This was the happy issue of these Hereticks banishment that religion from that time continued uncorrupted and this Island was thereby freed from the Pelagian heresie for many ages after Anno Dom. 630. Theodor Archbishop of Canterbury being a Graecian borne hearing that the Church of Constantinople was very much troubled with the haeresy of Eutiches to preserve the Churches of England free from that infection assembled a Councel at HEDTFELD of many Priests and learned men wherein they made a Confession of their Faith concerning the Trinity and Vnity and declared their assents to the generall Councels of Nice Constantinople the first and second Ephesus Calcedon and of Rome under Martin whereby he prevented the heresies condemned by them from springing up in this Isle A good effect of this Synodall Assembly Gulielmus Nubrigensis records that in the reign of King Henry the 2. about the year of our Lord 1161. certain erroneous persons commonly called Publicanes came into England These having their originall heretofore out of Gascoygne from an uncertain Author infused the poyson of their mis-beliefes into divers Countries for in the most ample Provinces of France Spain Italy and Germany so many were said to be infected with this pestilence that they seem'd to be multiplied more then the sand on the Sea-shore in multitude Finally whilest the Prelates of Churches and the Princes of Provinces proceeded more REMISLY against them the most wicked foxes creep forth out of their dens and by seducing the simple with a pretended show of piety demolish the vineyard of the Lord of Hosts TANTO GRAVIUS QVANTO LIBERIUS so much the more grievously by how much the more freely but when as the zeale of the faithfull is kindled against them with the fire of God they lye hid in their Dens and are lesse hurtfull but yet they cease not to hurt by scattering their hidden poyson They were rusticall and illiterate men and therefore dull to reason but having once drunke down that poyson they were so infected that they grew stiffe against all discipline whence it very rarely happens that any one of them when being discovered they are drawn out of their dens is converted to piety Verily England alwaies continued free from this and all other haereticall plagues when as so many heresies sprung up in other parts of the world And truly this Island whiles it was called Britaine from the Britons who inhabited it banished out of it Pelagius who became an Arch-heretick in the East and in proces of time admitted his error into it selfe for the destruction whereof the pious provision of the French Church directed St. Germane once and again hither But since the English Nation the Britons being expelled possessed this Island so as it was no more called Britannia but England the poyson of no hereticall plagues hath sprung out of it nor yet so much as entred into it so as to propagate and spread it selfe untill the time of King Henry the 2. Then also by Gods mercy the plague which had there crept in was so withstood that from thenceforth they feare to enter into it Now there were little more then thirty both men and women who dissembling their error came in hither as it were peaceably for to propagate ther plague one Gerard being their Captain upon whom they all looked as their Teacher and Prince for he alone was somewhat learned but the rest were without learning and ideots meer impolished and rustick men of the Teutonic Nation and language Abiding some little space in England they gathered to their congregation only one little girle circumvented with their poysonous whisperings bewitched as was said with certain enchantments But they could not long lye hid for some curiously discovering that they were of a strange sect they were thereupon apprehended and kept in the publike prison But the King not willing either to release them or condemne them without examination commanded a Councill of Bishops to be assembled at Oxford Whereupon they were solemnly convented concerning Religion He who seemed to be learned taking upon him the cause of all and speaking for all answered that they were Christians and embraced the Apostles Doctrines Being interrogated in order concerning the Articles of holy faith truly they answered rightly concerning the substance of the Supernall Physitian but spake perverse things concerning his remedies whereby he vouchsafes to heal humane infirmity to wit of the divine Sacraments detesting holy Baptisme the Eucharist and Mariage and derogating from THE CATHOLIKE UNITY in a nefarious bold manner which those divine helpes do make up Being admonished to repent and TO UNITE THEMSELVES TO THE BODY OF THE CHURCH they contemned all wholesome counsell Threats also that they might repent even for fear they derided abusing that saying of the Lord Blessed are they who suffer porsecution for righteousnesse sake for theirs is the Kingdome of Heaven Then the Bishops taking care that their haereticall poyson should spread no further pronouncing them publikely to be heretickes corporali disciplinae subdendos Catholico Principi tradidêrunt delivered them over to the Catholike Prince to be punished with corporall punishment Who commanded an hereticall character to be branded on their foreheads and being publikely whipped in the sight of the people to be expelled the City strictly charging that no man should presume either to lodge them in his house or give them any solace The sentence being pronounced they were led to the MOST JVST PUNISHMENT rejoycing not with a slow pace their Master going before and singing Blesed shall ye be when men shall hate you so much did the seducers then abuse the minds deceived by him Truly that girle they had deceived in England departing from them for fear of punishment confessing her error obtained reconciliation but that detestable Colledge with cauterized foreheads was subjected to JUST SEVERITY he who was the chiefe among them for the honor of his Masterslip suffring the infamy of A DOUBLE BRANDING to wit IN THE FOREHEAD ABOVT THE CHIN and their cloathes being cut off unto the girdle they WERE PUPLIKELY WHIPPED and cast out of the City with resounding stripes and miserably perished with the intolerablenesse of the cold for it was Winter no man showing them