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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
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 Mary● 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 Elizabeth●●cceding ●●cceding The Statute of 1. Eliz. c. 1. repealed all these Lawes againe rev●ed by Queene Mary and leaves Ord●… 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
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 ●● the enformer and for the second third and fourth offence ●●●●●e shal be doubled trebled and quadruplied and for the ●●●● o●●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 ope● execrable blasphemy By the Statute of 21. lac ● 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 D●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 Chr●stm●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