Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	common_a	court_n	writ_n	1,573	5	9.1762	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Hereticks and Apostates to be burnt the rather because the Bishops power is abolished cortrary to the opinion of 27. P. 8. 14. delivered when those Lawes were in force and of Sir Edward Cooke in his third Institutes p. 40. That at this day no person can be indicted or impeached for Heresie before any temporall Iudge or other that hath temporall Iurisdiction as upon the perusall of the Statutes of 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. 2. Phil. and Mary c. 6. appeareth For these Acts being repealed as he there grants the old common Law of England is thereby revived as to Hereticks and Apostates and so at this day any person may be indicted impeached condemned before the temporall Iudges of the Kings Courts for apparent reall Heresie contrary to the Word of God and 4. first Generall Councels in such sort as they were and might be before these Statutes 4ly That since the repeale of these Statutes no man upon a bare conviction of Heresie before the Ordinary or Commissary justly may or ought to be put to death or burnt by the Writ De Haeretico comburendo unlesse he were likewise first legally indicted and convicted by a Iury in the Kings Courts as all other capitall Malefactors Felons and Traytors are My reasons are F●●st because it is directly contrary to Magna Charta c. 29. the Petition of Right 5. E. 3. c. 9. 25. E 3. c. 4. and other forecited Statutes of Edward the 3d. and contrary to the right order of Iustice good equity and the Lawes of the Realme as is resolved in the Stat. of 25. H. 8 c. 14. 2ly Because the Sheriffe could not execute any man by vertue of this Writ or without it before the Statute of 2. H. 4. c. 5. nor after it without this Writ unlesse he were actually present at the sentence as is resolved 2. Mariae Brooke Heresie 1. Therefore this Statute and all others in pursuance of it being totally repealed this Writ and the proceedings on it upon a bare sentence of the Ordinary is as I humbly conceive meerely void in Law and contrary to Magna Charta And therefore it is considerable whether the resolution of the Iudges in Legates case forecited be not erronious though seconded by Sir Edward Cooke For though the Ordinary of every Diocesse both before and after these Acts might convict any person for Heresie and excommunicate or degrade him by the common Law yet the Sheriffe could not execute him by any such convictions either without or by vertue of a Writ De Haeretico comburendo but by power of those Acts now all repealed as is resolved by 25. H. 8. c. 1. 4 Yet that an Hereticke or Blasphemer convicted and condemned of Heresie or notorious Blasphemy by a whole Nationall Synod or Convocation may by Ordinance of both Houses of Parliament without any previous Indictment be lawfully executed by a Writ De Heretico comburendo even at this day seemes probable to me since it was usual before any Statute made by the connivance of the common Law 5ly That an Hereticke and Apostate legally indicted and convicted in the Kings Courts before the Iudges for Heresie or Apostacy and adjudged to be burnt may at this day by the common Law be executed without such a Writ by vertue of the judgement only by the Sheriffe who is an Officer to the Court as well as other Felons may be and are usually executed in other cases without a Writ And if the Parliament will be pleased by a Law to declare what are Heresies in particular and what Heretickes and Apostates in speciall shall be indicted and proceeded against at the common Law as they did heretofore in case of Treasons by the Stat. of 25. E. 3. c. 2. there will be as great benefit and no more danger of Tyranny or Persecution in permitting commanding the Iudges to proceed against Hereticks and Apostates who are Traytors unto God and Religion according to the ancient Rules of the common Law then there now is in their proceedings against Traytors to the King and Kingdome upon the Statute of 25. E. 3. c. 2. a very good president as I humbly conceive for framing a new capitall Law against Heresies and Blasphemies Now the reasons which confirme me in this opinion That all Heresies Blasphemies Schismes Apostacies Idolatries are triable and punishable in a criminall or Capitall manner only by an indictment and legall Tryall at the common Law but not upon any sentence given by the Clergy in Convocation or the Bishops in their Consistories are these First because the Priests under the Law were neither appointed to condemne nor execute such unlesse upon extraordinary occasions in default of the Majestrat but only the Majestrates and people as Deut. 13. with other precepts and precedents forecited manifest especially Iob. 31. 26. 27. 28. If I behold the Sunne when it shined or the Moone walking in brightnesse or my heart hath beene secretly enticed to worship them or my mouth hath kissed my hand this also were an iniquity TO BE PVNISHED BY THE IVDGE for I should have denyed the God that is above Secondly Because all such under the Gospell since Christs time were anciently punished with imprisonment confiscation of goods disinherison banishment death only by the civill Lawes Edicts of Godly Emperours Kings and civill Majestrates and by their sentences and Iudgements in pursuance of them as is apparant by the premised and subsequent Lawes and Histories No Prelats Councells Synods anciently having power to passe any such civill corporall or capitall sentence against them but the civill Iudges and Majestrate only Hence Lucas Tudensis about 350. yeares since writing of the Albigenses reputed for Hereticks records that a judice Regionis capti sunt Et ut digni erant flaminum ignibus traditi confessing it to be the civill Magistrates duty both to restraine and punish them concluding thus Regum Principum est hoc ministerium scilicet fidei rebelles occidere per se vel per ministros suos Quod nisi sollicite fecerint rationem reddent Domino de his quae eorum dissimulatione vel negligentia ab impijs perpetrantur Remunerabuntur autem si illorum ministeriocultus fidei conservetur Hence Iulius Firmicus writes thus to the Emperors Constans and Constantius vobis sacratissimi Imperatores ad vindicandam puniendam Idololatriam necessitas imperatur hoc vobis Dei summi lege praecipitur 3ly Because all the godly Councells Bishops Fathers in former ages yea Popes themselves have written to and importuned Godly Emperors Kings Magistrates to apprehend suppresse punish Hereticks Schismaticks Blasphemers and Apostates informing them it was their duty to do it to which all Orthodox Protestant Churches Writers at this day subscribe yea and the Papists too From whence Paeraeus Dr. Willet Bishop Davenant and generally all Protestant Divines thus argue against the Popish Prelates and Clergie who will not

l. 5. 10. Joan. Witlingius de Anabaptistis Bullinger advers Anabaptistas Guide Bres Contre les Anabaptistes Jo. Gastius de Exordio Anabaptistarum c. Pontanus Catalogus Haereticorum Doctor Daniel Featly his Dippers Dipt Master Robert Bayly his Anabaptism c. and his Disswasive from the Errors of the times Mr Edwards his Gangraenaes Spanhemius Diatribe Historica De Origine Progressu Sectis c. Anabaptistar Joannes Assuerius Ampsingius Disputationes advers Anabaptistar Hartmannus Springelius de Hodiernis Haeresibus Haereticis Conradus Shiressime Vergent Haereticorum Catalogus Conradi Haeresbachii Historia Anabaptistica Una cum Notis Theodori Strackii Lamberti Hortensii Cloppenburgii Gangraena Anabaptistica Nicholaus Blesdikius Historia Davidis Georgij with others who have written of and against the Anabaptists the ignorance of whose abominable Errors Dispositions Blasphemies Seditions Heresies Vices and their late impunity is the only cause of their dangerous increase Theodoret. Eccles Hist lib. 5. cap. 7. Mustering up the names of the Ringleaders of the Arian Haeresy and the Seedsmen who sowed its tares in the Eastern parts and then watred and fostred them adds this as the main reason of this Heresies dangerous growth His malis Agricolis subsidio fuit CUM NIMIA CONSTANTIJ FACILITAS tùm improba Valentis nequitia I pray God the overmuch connivance and indulgence of most and underhand countenanceing of some in Authority of the Ringleaders of this dangerous faction do not nourish such a venomous Cockatrice in our bosome as may sting our Church State Parliament Magistracy and Ministry to death ere long and may yet be crushed though not in the shel by speedy and just severity as it was in former times not only in Germany and other forraign parts but even in ENGLAND some of this Sect of Anabaptists being burned in Henry the eighth and Queen Elizabeths Reign and the rest banished of which more anon These severe prosecutions against them heretofore and many other of like nature since even by Protestant Princes Magistrates shews how dangerous this Sect is now and may make all wary how they revolt unto them To passe from these and come somewhat nearer home I find among the Statutes of Scotland sundry Acts made against Idolatry Popish Masses Apostacy Seminary Priests Jesuites and Noncommunicants punishing them with pecuniary and other corporal and capital punishments and with banishment as James 8. Parl ament 1. c. 2 3. 5. Parl. 3. c. 1. 45 46. 53. Parl. 7. c. 106. Phrl. 10. c. 24. 27. Parl. 12. c. 120. Parl. 13. c. 60. Parl. 14. c. 193. Parl. 16. c. 17 18. Parl. 19. c. 1. and the 2. Parliament of King Charls Session 1. Act. 4. which you may find in Regiam Maiestatem and their Statutes at large Their recital I omit for brevity sake having more largely insisted upon them in my Truth triumphing over Falshood Antiquity over Novelty Wherein I have fully vindicated the Parliaments Legislative Power in all Ecclesiastical matters by Presidents in all ages both forraign and domestick to which I shal refer the Reader for full satisfaction in that particular Controversy there copiously debated and therefore shall not here insist upon it I now proceed to Domestick Presidents Laws of our own which are very full to the point in question in which I shal be a little more copious for the informing and satisfying others of my Profession and the encouraging of them to put the very ancient Common Law of England in execution for the future against Hereticks Apostates Blasphemers Anabaptists and other obstinate Separatists I shal for my more methodical proceeding herein in an historical manner begin with the first proceedings and punishments against Hereticks in this our own I sland long before Popery crept in upon it and then proceed to Laws and Punishments in succeeding times as well under our Popish as Protestant Princes And shal likewise clear it to every mans judgement That Heresie Apostacy Blasphemy and Schism as they are Criminall and Capitall are properly tryable onely by way of Inditement at the Common Law in the Kings temporal Courts before his Temporal Iudges not in Bishops Consistories who usurped the sole Iurisdiction and Cognizance of Heresie by degrees at last whereas they were only consulted with by godly Princes by way of advice counsell or assistance at first to help inform their consciences and judgments what ought to be reputed Heresy or Blasphemy and that usually in general or National Councels and that those who are guilty of these may as legally be tryed before our Iudges now as Seminary Priests and Iesuits against whom the Convocation Bishops in their Consistories never as yet Criminally proceeded as they did formerly against Heretiques but only the Common Law Courts which both convict arraign condemn and execute them too as such How Heretickes have been heretofore and may now be proceeded against in our own Realme I shall give you a breife Account The first Heresie I read of that infected and infested this our Island was the Arrian quae corrupto orbe toto hanc etiam insulam extra orbem tàm longè remotam veneno sui infecit erroris Et hac quasi via pestilentiae trans Oceanum patefacta non mora omnis se lues Haerescos cujusque Insulae NOVI SEMPER ALIQVID AVDIRE GAVDENTI ET NIHIL CERTI FIRMITER OBTINENTI infudit writes our venerable Beda This Haeresie sprung up in the time of Constantine the Great who was crowned Emperour in Britain and was condemned in the Councell of Nice And it together with the Heresies of Novatian Valentinian Paulus the Marcionists Cataphrygians and others which crept in with it were punished by this Emperor Constantine with BANISHMENT and by his Edict all their meeting●were suppressed and the places wherein they met confiscated after which the Arrians in Britain were removed from their stations by the Emperour Constantine The next Heresie which grew up at home among us was that of Pelagus alias Morgan a Britton Abbot of Bangor in the reign of Arcadius and Honorius which spreading it's poyson far and neare Honorius and Theodosius the Emperors by their Edict commanded Pelagius and Celestius his companion to be apprehended where ever they should be found by any man whatsoever and to be accused and brought to publick audience by any and by publick sentences to be condemned to INEXORABLE BANISHMENT to preserve others from infection And our learned Bale out of Walden affirms that Pelagius was BANISHED this Island by his Britons for his Heresy and hereticall Bookes This Heresy of his reviving again in Britain there was a Synod assembled at Verolam Anno 446. whereunto a multitude of men and women resorted where Germanus and Lupus two French Bishops so refuted Agricola and his confederates that they silenced them quite Whereupon the people could hardly hold their hands from pulling them in pieces Et post diem illum it a ex animis omnium

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 sec●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 ●…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 ●ccording to the Law of the Land contrary to Magna Charta ch 29. 5. Ed. 3. ● 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 ●●t●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 premi●e though introductive of a new Law in the manner of proceeding and other precede●t re●pect And in this sence Mr. Fox his words are t●●e That hithe to ● 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