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A36460 The Leviathan heretical, or, The charge exhibited in Parliament against M. Hobbs justified by the refutation of a book of his entituled The historical narration of heresie and the punishments thereof by John Dowel. Dowell, John, ca. 1627-1690. 1683 (1683) Wing D2056; ESTC R27156 30,110 170

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evident by 5 Eliz. Cap. 23 with the significavit to be added to the Writ and in that Significavit 'tis joyn'd that the Excommunication doth proceed upon some cause of some Original matter of Heresy or Error in Religion or Doctrine now received and allowed in the said Church of England whereby it appears that Persons for Heresy might be Imprisoned and so Heresy to become Criminal For it was to be punished by the civil Magistrate with Corporal Mulcts and farther lay a Writ de Heretico comburendo if nothing was declared Heresy why did their lye such a Writ That such a Writ was in force is clear by the annulling of it when this fetal Plot was detected then the Parliament made an Act to Cancel it either it was in force or not if in force the Parliament was Prudent in making it void if not it casts a reproach upon the Two Houses to annul that which was exploded That these Writs were in force is declared and that the Writ de excommunicato capiendo retains its Vigor is evinc'd by the usage of the Kingdome of England As for the Writ de Heretico comburendo it was put in execution in King James his time Legat Wightman were Burnt the one in Smith-field and the other in Litchfield for the Arrian Heresy He saith that they which approve such executions may peradventure know better grounds for them then I do But grounds are very well worthy to be enquired after but he might very well know the just grounds for them He that affirms the Law to be the Sole rule of just and unjust could not be ignorant that by the common Law of England the Writ de Heretico comburendo was valid and thereupon an Heretick might legally be Burnt My Lord Cook part 3. cap. 5. affirms that by the Books of the common Law the King Issuing our his VVrit de Heretico comburendo an Heretick ought to be Burnt That Heresy might be punished by Corporeal and pecumiary Mulcts is clear by the Queens Letters Patents authorized by the 1. Statute of her Reign She did give to the Arch Bishop of Cant. the Bishop of London and divers others any Three or more of them full Power and Authority to reforme redress order correct and amend c. and to have full Power and Authority to order and award to every such offendor by Fine Imprisonment Censure of the Church or otherways or all or any of the said ways Cawdrys Case and in that same case it is resolved by the Judges that the Statute of the First of Queen Elizabeth did not introduce any new Law but declared an ancient one The Title of the Statute being an Act restoring to the Crown the Ancient jurisdiction over the State Ecclesiastical and Spiritual The Sovereign being the Supream head of the Church without whose Authority no person can or ought to exercise any Ecclesiastical jurisdiction or proceed to any Censure it demonstrates that by the Royal Power an Heretick might be punished with a Civil and Corporeal Mulct Farther the Star-Chamber was an ancient Court grounded upon the common Law of England and confirmed by Act of Parliament Which Court took cognizance not onely of Civil Crimes but also of Ecclesiastical and did punish Hereticks by Imprisoning Fineing and Stigmatizeing as appears by the Records of that Court and that famous Instance of Thrask who in the 16. year of King James for spreading of Judaical Heresies he was cited into the Court and being obstinate was sentenced to be set in the Pillory Whipt to the Fleet Fined and Imprisoned all which was executed by which it appears what truth there is in this assertion of Mr. Hobs During the Time the High Commission was in being there was no Statute by which an Heretick might be punished otherwise than by the ordinary Censure of the Church for 't is proved that by the Common Law of England and the Statute Law during the time of the High Commission Hereticks might suffer in their Bodies and Purses hence it follows that Heresy was criminal and he hath not vindicated himself from that contradiction with which he stands charged He farther proceeds ' That no Doctrine could be accounted Heresy unless Commissioners had actually declared and published that what was made Heresy by the Four first general Councils should be Heresie ' but I never heard yet there was any such declaration made either by Proclamation by Recording in Churches or by Printing as is requisite in Penal Laws We have before proved that the High Commission was not the Sole Judges of Heresy That which the Church and Law of England condemns for Heresy is as fully divulged as can be expected The 39. Articles are sufficiently known and those Doctrines which the Four first general Councils received as Orthodox or condemned as Heretical are ratifi'd by the Law and Church of England and sufficiently promulged The Nicene Creed which was completed by the Fourth general Council is read in every Church on Sundaies and Holy daies The Athanasian Creed is to be read at peculiar Festivals both which Creeds as also the Apostles are part of the Liturgy of the Church which is imbodyed into the Laws of the Land and that the opinions which are contrary are made Heretical appears by these Clauses of the Athanasian Creed He therefore that will be saved must thus think of the Trinity Furthermore it is Necessary to Everlasting Salvation that he also believe rightly the Incarnation of our Lord Jesus Christ and this Clause ends the Creed This is the Catholick Faith which except a man believe Faithfully he cannot be saved The Doctrines therefore declared to be Heretical are sufficiently by Printing and Recording in Churches divulged To alleviate his Crime or at least to vindicare himself from Heresie he reflects upon our late sad distractions w ch to me administers matter of horror ' Before arms were taken up saith he the King abolished the High Commission but the Parliament pursued the Rebellion and put down both Episopacy and Monarchy erecting a power by them called a Common wealth by others the Rump which men obeyed not out of Duty but Fear ' those actions were dreadfull and are the fontinels of all those fears which now afflict us The just principles by which Government is formed and established and reasonable laws are enacted deservedly reprove and condemn those actions perpetrated in our late confusions which gave a scandall to our Religion and Nation But how can he cast an odium upon those actions his sentiments justifie Saith he ' there were no humane Laws left in force to restrain any man from Preaching or Writing any Doctrine concerning Religion that he pleased And in this time it was that a book called the Leviathan was writ in defence of the Kings Power Spiritual or Temporal without any word against Episcopacy or against Bishop or against the publick Doctrine of the Church ' To which t is thus Replyed ' the Leviathan was impressed 1651 and come out