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
against their wils as Parents sometime enforce their children and Masters their Servants which by Gods blessing may work a right faith and beliefe in them by degrees and convert them from their errors Forced Physick and Potions oft timea recover sick men and so doe forced Ordinances and Conferences hereticall erronious sinfull men as experience manifests Secondly they may punish them for their obstinate heresies schismes blasphemies and thereby bring them to a serious examination reformation and discovery of them and so to a kind of forcible embracing of the Truth as Christ in a manner thus enforced Paul by outward violence to give over his persecution and beleeve professe the Gospel Acts 9. Thirdly tempests at Sea enforce Mariners and Merchants to be willing to cast all their Goods over-board to save their lives so may Magistrates penalties enforce Hereticks Schismaticks Blasphemers to cast away their errors heresies schisms Blasphemies and imbrace the Truth to save their lives liberties or estates Fourthly an erronious judgment and conscience in matters of Religion is not a Christians rule of faith or practice but the word of God the rule both of his judgment Conscience faith life and it is a dangerous yea damnable sin for any to be led by such a conscience or judgment contrary to the word If then a Christian Magistrate be fully perswaded in his conscience upon just grounds that he is bound to restraine and punish such Heretickes Schismatickes Blasphemers who follow their owne erronious judgments and consciences against the expresse word of God even to force them from their heresies errors schismes blasphemies when no other meanes will prevaile he may no doubt inflict corporall punishments on them as God himselfe oft times inflicts outward judgments thereby to enforce them to renounce their Heresies and embrace the Truth And in this sence Religion may lawfully be forced as will appeare by the examples of Manasseh Nebuchadnezzer and Paul forecited and by Deut. 13. 11. Jude 23. God himselfe appointing this externall violence as a meanes to work an inward change both of faith and life as I have largely proved Thirdly there is an affirmative and a negative beliefe Though the Magistrate cannot enforce men by externall punishments or censures to beleeve yet he may enforce them to come to the publick Ordinances whereby they may be allured converted to the true Faith and likewise negatively enforce or restrain them nor to preach nor yet to spred or propagate such an heresie error blasphemy or schismaticall opinion contrary to the Scripture and Religion established to the infection of others the disturbance of the publick peace and dishonour of Christian Religion yea punish such who shall transgresse because this is no forcing of mens faith consciences to beleeve or embrace what faith the Magistrate pleaseth but a restraining or punishing of an heresie error blasphemy which is a sinne in the party who is guilty of it punishable by the Magistrate and a sinne in him to connive at or tolerate the same without punishment Excellent to this purpose is that passage of Augustine recorded approved by Gratian Canonists and Schoolmen Petilian the Donatist objected against the Princes by whom he and other Hereticks were punished these two things among others which Master Dell and his Saints now object First That no man is to be compelled to faith Secondly That good manners are not to be chosen but onely out of Free-will and produceth all or most of Master Del s Arguments and Texts alleaged in his Sermon which is but meer old Donatisme and Petilianisme varnished over with the title of New Gospel-light to prove that Magistrates ought not to enforce any man to beleeve against his conscience or punish any Heretick or Schismaticks with corporall or capitall punishments as being contrary to and not warranted by the Gospel To which this Father gives this grave answer most suitable to our present times and to Master Dell and his new Donatists who make the selfe same Objections which I shall recite more fully because it will very much conduce to discover the practises and stop the mouths of our Opposites Petilianus dixit Quôd si cogi per legem aliquem vel ad bona licuisset vos ipsi miseri a nobis ad fidem purissimam cogi debuistis Sed absit absit à nostra conscientia ut ad nostram fidem aliquem compellamus Augustinus respondit Ad fidem quidem nullus est cogendus invitus sed per severitatem imo per misericordiam Dei tribulationum flagellis solet perfidia castigari Nunquid quia mores optimi libertate voluntatis eliguntur ideo mores pessimi non legis integritate puniuntur Sed tamen male vivendi ultrix disciplina praepostera est nisi cum praecedens bene vivenda doctrina contemnitur Si quae igitur adversus vos leges constitutae sunt non eis benefacere cogimini sed malefacere prohibimini dum benefacere nemo potest nisi elegerit nisi amaverit quod est in libera voluntate Timor autem paenarnm si nondum habet delectationem bonae conscientiae saltem intra claustra cogitationis coercet malam cupiditatem Qui tamen adversas leges constituerunt quibus vestra comprimatur audacia nonne hi de quibus dicit Apostolus Quia non sine causa gladium portant ministri Dei enim sunt vindices in iram ei qui malè agit Tota igitur quaestio est utrum vos non male agatis quibus tanti Schismatis sacrilegium objecit orbis terrarum Cujus quaestionis discussione neglecta superflua loquimini cum vivatis ut latrones mori vos jactatis ut Martyres Et quia vel ipsas leges vel invidiam formidatis vel ad resistendum impares estis non dico adversus tot homines sed adversus tot gentes catholicas etiam de mansuetudine gloriamini quod ad vestram partem neminem cogitis Isto modo milvus cum pullos rapere territus non potuerit columbum se nominat Ubi enim potuistis non fecistis Unde ostenditis quòd plura faceretis si possetis Quando Julianus vobis Christi invidons paci basilicas reddidit unitatis quae strages a vobis factae sunt quando vobiscum apertis templis suis etiam daemones exultabant Quis cōmemorare sufficiat bello Firmiano quae à vobis Rogatus Maurus pertulerit Ipsa Mauritania Caesariensis interrogetur tempora Gildoniani quia unus collega vester familiarissimus amicus ejus fuit Viderint Maximinianistae quae senserint nam Felicianum ipsum qui modo vobiscum est si ad jusiurandum liceret provocare utrum ad communionem vestram non invitum Optatus redire compulerit movere labia non auderet praesertim si ejus faciem populus Musticanus intueretur quo teste illa tunc facta sunt Sed isti ut dixi viderint quae passi fuerint ab eis cum quibus Rogato talia fecerant Ipsa
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
enemies the Canaanites and other Idolatrous Nations Therefore this sentence under the New Testament Vengeance is mine c. no more exempts such Malefactors as the text speaks of from the capital punishments of the Magistrates and others under the Gospel then it did under the Law Secondly The Gospel informs us Rom. 13. 4. That every Christian Ruler and Magistrate is the Minister of God and his REVENGER to execute wrath upon him that doth evil And their Vengeance and Judgement is not their own but Gods on whose Tribunal they sit and whose Person they represent as is evident by Deut. 1. 17. Ye shal not respect persons in Judgement for THE JUDGEMENT IS GODS 2 Chron. 19. 6. And Jehoshaphat said to the Judges take heed what ye do for ye iudge not for men but FOR THE LORD who is with you in the Judgement Prov. 29. 26. Many seek the face of a Ruler but every mans Judgement COMETH FROM THE LORD 2 Chron. 9. 8. Blessed be the Lord thy God which delighted in thee to set thee ON HIS THRONE to be KING FOR THE LORD THY GOD because the Lord loved Israel therefore made he thee King over them to do Justice and Judgment Prov. 8. 15. By me Kings reign and Princes DECREE JUSTICE And Dan. 4. 24. The most high RULETH IN THE KINGDOM OF MEN and giveth it to whomsoever he will As God and Christ are said to preach the Gospel in and by the Ministers of it as our Antagonists themselves wil grant So they are likewise said to execute wrath and vengeance in and by the Magistrates Therefore this fond Objection whereon our Opposites much insist must needs evaporate into smoak and this Text remain an unanswerable proof for the Christian Magistrates power to punish Apostates Hereticks Blasphemers Contemners of Christ his blood his Covenant and the Spirit of Grace with more grievous corporal and capital punishments under the Gospel then under the Law My ninth Argument shal be from the 2 Pet. 2. 1. to 14. But there were false Prophets also among the people even as there shal be false Teachers among you who privily shal bring in DAMNABLE HERESIES even denying the Lord that bought them and shall BRING UPON THEMSELVES SWIFT DESTRUCTION And many shal follow their pernicious ways by reason of whom the way of truth shal be evil spoken off And through covetousnesse shal they with fained words make merchandize of you whose judgement now of a long time lingreth not and their damnation slumbreth not For if God spared not the Angels that sinned but cast them down into hell and delivered them into chains of darknesse to be reserved unto Judgement And spared not the old World but saved Noah the eight person a preacher of righteousnesse bringing in the Flood upon the world of the ungodly And turning the Cities of Sodom and Gomorrah into ashes condemned them with an overthrow making them an ensample unto those that after should live ungodly c. The Lord knoweth how to deliver the godly out of temptations and to reserve the unjust unto the day of Judgment to be punished But chiefly them that walk after the flesh in the lust of uncleannesse and despise government presumptuous are they self-willed they are not affraid to speak evill of dignities Whereas Angels which are greater in power and might bring not rayling accusations against them before the Lord But these as natural bruite beasts made to be taken and destroyed speak evil of the things they understand not and shal utterly perish in their own corruption And shal receive the reward of unrighteousnesse c. The very same expressions in substance if not in words we have repeated in Jude v. 4. to 23. From these considerable texts I shal Observe First That False Teachers under the New Testament are in the same rank and condition as false Prophets under the Old therefore liable to the like Capital Punishment under the Gospel as false Prophets under the Law which I have formerly proved Secondly That these False Teachers shal privily at first but more openly afterwards bring in Damnable Heresies or as the Greek phrase renders it Heresies of Perdition or Destruction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Heresies deserving a Sentence of Destruction because they bring Perdition to the souls and bodies of those who broach and embrace them yea to the Churches States wherein they are vented and tolerated Rev. 2. 14 to 24. Thirdly That such false Teacheâ—â— shal bring upon themselves SWIFT DESTRUCTION The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which we English Destruction is oft times in the New Testament â—ied for the cutting off or destruction of a mans person by a violent and unnaturall death by men or other creatures through the just Judgement of God aâ— Luk 17. 27. 29. The flood came and destroyed them all It rained firâ—… heaven and destroyed them all 1 Cor. 10. 9. They were 〈…〉 Matth. 21. 41. He wil miserably destroy those wicked 〈…〉 Barrabas and destroy Jesus And sometimes for a jâ—… way of Censure as Jam. 4. 12. There is one Law-giver who 〈…〉 save and to DESTROY Matth. 10. 28. Fear him who is able 〈…〉 both soul and body in hell From this acception of the word 〈…〉 destroy in the New Testament I conceive the meaning of Peter 〈…〉 false Teachers who bring in damnable and destructive Heresies â—…n themselves by these their Heresies when detected SWâ—…JCTION in a two-fold sense First from the Christian 〈…〉 out of zeal to God and the peoples souls whom they would seduce shall 〈…〉 proceed against and destroy their persons with capital punishments Secondly From God himself in mans default who by some exemplary Judgments wil destroy their persons here yea their souls and bodies in hel for ever hereafter 2 Thes 1. 8 9. Fourthly That such false Teachers Destruction by the Magistrate cannot be called Persecution no more then a Traytors or Murderers because they bring it upon themselves by their Damnable Heresies and obstinate perseverance in them Fifthly That many shal in the last times follow the ways and damnable Heresies of False Teachers and therefore it is no wonder that such multitudes follow after such seducing New-Lights and false Teachers now Sixthly That by reason of these false Teachers calumnies and Heresies the very way of truth shall be evil spoken of and cryed down among their followers as now it is more then ever in our memory by New-Lights and Sectaries who stile all others but themselves The carnal and Antichristian Church The Clergy Antichristian c. and themselves The Saincts The Faithful Gods peculiar Portion the anointed ones c. Seventhly That false Teachers are for the most part exceeding covetous and make Merchandise of mens souls Eighthly That they are very Lascivious and usually walk after the flesh in the lust of uncleanness as many of our Anabaptists and Dippers of naked women both in the night and day time proclaim themselves to be Ninthly That they are
Mr. Dell scandalously terms them but endued with the extraordinary gift of all Tongues and infallibly guided into all truth by the Spirit that to convert Pagan Nations to Christ not to inflict corporall or capitall punishments on them for their Idolatries Heresies or other crimes Therefore Christ sent them out armed only with his word and Spirit not with the power of swords gunnes Prisons or any power of States or Armies who were then all Iewish or Heathenish professed Enemies to Christ Wherefore to argue from this practice or nonfesance of the Apostles the unlawfulnes of the Magistrates coercive power or of corporall or capitall punishments to suppresse obstinate Hereticks False Teachers Blasphemers Schismaticks Idolaters is a strange absurdity and they may as well inferre from hence that Magistrate may neither restraine nor punish Traytors Murderers Theeves Rebells because the Word is as able as powerfull as apt by Gods own institution to reforme reclaime all kinde of sinners and Malefactors as Hereticks Blasphemers Schismaticks false Teachers or Idolaters 3ly If Christ did not send out his Apostles armed with any power of swords Gunnes States or Armies to convert and reforme the world but did it by the word alone then what warrant have any of Mr. Dells new anoynted Prophets or any Reformado Captaines or Souldiers of his way contrary to an expresse Ordinance of both houses to go preaching reforming or rather deforming disturbing and rushing every where into our Pulpits with their Swords Pistolls Gunnes Troopes Troopers to convert and reforme men to stile themselves not only the Reformed but reforming Souldiers too as usually they doe Certainly if Mr. Dells objection be true they have in this much transgressed against the Gospell and Christs institution of late and must hence forth cease to be such Preachers and Reformers or else lay downe their Armes before they may or can be such The rather because Mr. Dell himselfe tells the Parliament from that speech of Nathan to David Thou shalt not build an House unto my name for thou hast beene a man of Warre and hast shed much blood c. So I say unto you touching this worke of Reformation You did well in that it was in your hearts to reforme the Kingdome of God and the spirituall Church which is Christs owne deare body Neverthelesse You shall not reforme it for you have beene Mon of Warre that is you have managed a great and mighty Warre against great and mighty Enemies and have shed much blood Therefore you shall not do this work having beene men of Warre For this is not a worke of Men of Warre but of the Prince of Peace c. If this be the truth of God and mind of Jesus Christ as Mr. Dell asserts it I hope it will both informe and reforme our preaching reforming Souldiers and men of Warre who have beene formerly peccant against this Doctrine and a speciall Ordinance of both Houses since they have beene actually but the Parliament only Virtually engaged in this present bloody Warre And so much the rather because we read in Scripture Luke 3. 14. That when the Souldiers came to Iohn the Baptist and demanded of him what shall wee doe He said unto them Do violence to no man neither accuse any falsely and be content with your wages He bid them not goe and preach the Gospell this was a proper worke for Ministers and Apostles not for Swordmen So Acts 10. 12. We read of Cornelius a Centurion of the Italian band a devout man and one that feared God with all his house that he gave much Almes to the people and prayed to God alwayes but yet we never finde that he publikely preached yea he was so farre from this that the Angell of God appearing to him commanded him to send to Ioppa and call for Symon Peter and he shall tell thee what thou oughtest to doe whereupon he called two of his Servants and a devout Souldier yet no preacher that we read of no not in nor to his owne Family Regiment or Troope and sent them to Ioppa for Peter who comming unto his house he found many that were come together who were all there present before God not to preach but to HEARE all things that were commanded him of God Whereupon he opened his mouth and preached to them and whiles he spake the Holy Ghost fell upon all them that heard the word so that they spake with Tougues and magnified God whereupon they were all Baptised in the name of the Lord. If these devout Souldiers then were only Auditors but no preachers in the Apostles dayes it were well those Souldiers who now pretend to reduce all things to the Modell of those primitive times would be so modest and Christianly wise as to imitate Cornelius his example who was as devout as charitable as frequent in prayer and one that feared God with all his house as much as any of our preaching Ceuturions or Souldiers now and not usurpe the Ministers office no more then the Magistrates or their superior Commanders which they may doe with as much reason being sent forth and hired by the Parliament not to preach the Gospell but to fight However Gods speech to David and Mr. Dells strang application of it to the Parliament must no wayes hinder the Parliament or our Magistrates from drawing out the rusty Sword of Iustice against all Heresies Errors Schismes Blasphemies which they are to punish suppresse or at least endeavour to reforme by outward punishments and coercive Lawes 4ly Whereas it is mainly insisted on that outward punishments can no wayes reach nor reforme the inward man and that the word is the only instrument which must do it I dare boldly averre and shall evidently approve it to be a most false dangerous position directly contrary to the minde word of God For first of all not to argue that as the very body and outward man infect the created soule infused into it not only with originall and actuall sinne being free from both when first infused and therefore by like reason may be a meanes of its reformation and repentance And as the soul and inward man are by the Eyes and Eares oft times infected with sinne Lust and likewise instructed â—converted many times by those ensible object which it heares and sees the eyes and eares affecting the hear So likewise it may be affected reformed by the sence of paines or punishments inflicted on the outward man by the Magistrate I answer 2dly that if Mr. Dells assertion were true then all the outward afflictions which God send upon particular Persons Places Nations of purpose to reforme and bring them to Repentance should be altogether uselesse fruitlesse to reforme and convert the inward man yea God him elâ—e should be over-seene by Mr. Dells Divinity â—n inflicting them for this very end which they cannot possibly effect whereas the Scripture is expresse that outward corporall afflictions work inward
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
peoples punishing Idolatry Blasphemy with other eâ—rots under the Law as well as under the Gospel Secondly it utterly subverts all Magistracy whatsoever for as a Magistrate may possibly fight and sinne against God through error and mistake in punishing Heresie Schism Blasphemy c. so likewise he may through ignorance misinformation bribes affection feare hatred Superiours commands and the like wrest Judgment and judge punish men unjustly not onely criminally or civilly but capitally too and so draw upon him the guilt of innocent blood Ergo it is unlawfull for any man to be a Magistrate or Judge between man and man much more to be a King whose exercise of his supream authority is usually liable to more dangerous sinnes corruptions manifold temptations abuses and dangers of fighting against God then other inferiour Officers Secondly this reason militates against all other Callings and Professions whatever which have their proper sinnes temptations that attend them but especially against the Ministry who are far more apt to broach Errors Heresies Schismes to fight against God and his Truth then Magistrates as the Objector hath done for many yeers together both in the Presse and Pulpit Therefore this Cretensis if he credit his owne argument must henceforth give over his preaching writing conventicling for feare of fighting every day more and more against God his Truth People since like evill men and seducers he grow every day worse and worse more hereticall and erronious and at last is like to turne either Atheist or nothing Thirdly it fights against the performance of all holy duties there being a great deale of danger in performing them our prayecâ—s may be turned into sinne the Word it selfe may be the savour of death unto us and condemne us at the last yea we may eat and drink our owne damnation at the Lords owne Table as many doe Ergo by Master Goodwins Argument we must abandon all holy duties in regard there are such dangers in them to our soules and then farewell all Religion and the Scriptures too which many wrest to their owne confusion Fourthly the danger of any lawfull power or calling must not take away nor suspend the lawfull use thereof and this danger in the Magistrates calling must make him more cautious in doubtfull cases of Heresie Blasphemy Error Schisme but not more negligent or lesse zealous in such as are cleer and evident to his conscience by the light of Scripture and consent of all Ages Churches Fiftly for his assumption it holds onely in doubtfull cases not in plaine and apparent as most cases of Idolatry Blasphemy Heresie grosâ—e Error and Schisme are which the Magistrate may boldly proceed to punish without scruple and in doubtfull cases the Magistrate is to resolve his owne conscience fully the best he may and to proceed with more deliberation mildnesse and if at last he be throwly convinced that what the Delinquents deem to be truth and agreeable to the Word be apparent Heresie Error Idolatry Schisme his owne conscience then not theirs must be his rule to proceed by neither must he wound his owne conscience nor betray his liberty trust to spare them or their Heresies Errors Schismes Blasphemies Idolatries no more then he may spare Traytors Murderers Theeves Sorcerers who deem themselves innocent oâ— pretend conscience to justifie their crimes But I have already refuted this Argument more largely in my Answer to former Objections I therefore passe to the next The fifteenth Objection is this That power which was never attributed to any Christian Magistrate by any Christian but onely by those who had very good assurance that it should be used fer them and on their side is not like to be a power conferred on them by divine right or by God because it is no wayes credible that within the compasse of so many Ages as are by gone no one man of that conscientious generation of Saints which hath been wont so frequently to deny it selfe even unto death should acknowledge such a power in the civill Magistrate as did by divine right belong unto him onely because such an acknowledgment was like to make against himselfe But that coercive power in matters of Religion for the suppressing of Errors Schismes Heresies c. was never attributed to the civill Magistrate by any Christian but onely by those who were very confident that it would be used for their turnes and effect their desires Ergo he ought not to claime it To this I answer first that this very Argument is built upon meer humane reason without any shadow of Scripture to warrant it and is a meere surmise of a crazy atheisticall braine to elude yea contradict direct Texts of Scripture by which kind of argumentation both the Scripture and Deity it selfe may be subverted by luxuriant wits Secondly this Arguer playes the hypocrite against his owne judgment and conscience tacitely confessing that if the civell Magistrote would be for him to set up Independency and not against him he would plead as hotly for his authority and coercive power as any Presbyterian but because he conceives the Parliament and Magistraâ—es are against his way therefore he pleads against their coercive power to suppresse it as the Donatists did of old upon this very ground who made use of Julian the Apostates Edicts against the orthodox Christians to restraine them but condemned Constantines Lawes to restraine themselves as is evident by St Augustines forecited passages yea our Independents at first seemingly pleaded for the Parliaments and civill Magistrates coercive power whiles they had any hopes to make use thereof for the advancement of their owne Party as the Arminians did in Holland till the States declared against them and then they retracted what they had written in defence of their coercive corrective power and writ expresly against it Thus the g Independents and Anabaptists doe now God defend us from such grosse Hypocrites and Turn-coots as this changling Objector who will be sure to strike in and make use of the prevailing Party if he conveniently may Thirdly Theeves Wolves Foxes yea all kind of hurtfull men and creatures might make the very selfe same argument as this Objector doth no Theeves but onely true men who thought the Judges sure on their party did ever hold it lawfull for Judges to condemne and hang men for stealing a little money or goods to supply their wants Ergo no Judge ought to claime or execute such a power No Wolf or Fox did ever hold it lawfull for any Shepheard to hunt take or kill them for killing and devouring their Lambs or Sheep because they did it by an instinct of nature according to their naturall genious onely to fill their bellies and satissie hunger but only Shepheards and Sheep-masters Ergo it is unlawfull for any to hunt take or kill them No Adulterer Whoremaster or Drunkard will averre that it is lawfull for the Magistrate to punish them for Adultery
ipsum errorem vestrum in vobis occidat nobiscum de veritate gaudeatis God so revenge our cause against you that he may kill the errours in you that you may rejoyce together with us of the truth This this is the REVENGE that we seek upon you as this day it may appeaer if you will be tractable yet we say again with the same Iewel of our Church We know well enough that the same Word which was opened by Christ and spread abroad by the Apostles is sufficient both for our salvation and also â—o uphold and maintaine all truth and to confound all manner of Heresie By that Word only doe we condemne all sorts of the old Hereticks whom these men say we have called out of Hell again As for the Arians the Eutycheans the Marcionites the Ebeonites the Valentinians the Carpocratians the Tatians the Novatians and shortly all them that have a wicked opinion either of God the Father or of Christ or of the Holy Ghost or of any other point of Christian Religion for so much as they be confuted by the Gospel of Christ wee plainly pronounce them for detestable and damned persons and defie them even unto the Devil Neither doe we leave them so but we also SEVERELY and STRICTLY HOLD THEM IN BY LAVVFVL AND POLITICK PVNISHMENTS if they fortune to break out any where and betweene themselves I shall close up all with the words of famous and religious M. Perkins a man formerly highly honoured by all our dissenting brethren who borrowed most of their true but none of their New-light from his industrious Works Every man is not left to his own conscience to teach and hold what Doctrine he will But ALL SVCH MEN OR WOMEN as teach erroneous doctrine are to be restrained by the Governours of the Church It is a grievous fault in any Church not to restrain the Authors and Paintainers of Sects and false Doctrines and of opinions which stand not with the truth of Gods Word And on the contrary I's a vertue and good gift in any Church when they restrain the authors and favourers of Sects and False-doctrines And in this regard our Church is to be commended and approved and the Common-wealth likewise for making lawes to restrain both Popish Recusants and some Protostants who depart from this our Church as being no Church of God but a member of Antichrist and of Babylon I hope his Resolution seconded with the conclusion of Gratian which he proves by many sentences of Fathers Vindicta haereticis schismaticis est inferenda non amore ipsius vindictae sed zelo justitiae non ut odium exerceatur sed ut pravitas corrigatur with the precedent Treatise justifying the lawfulnesse hereof in point of conscience will excite all godly Christians according to their duty solemne Covenant to put it into due and speedy execution in point of practise for the suppression of al present prevention of all future Heresies Errors Schismes Blasphemies whose licentiousnesse and impunity may justly expose us to more grievous publicke judgements of all sorts then any we have hitherto suffered from the avenging hand of our provoked God Augustine Epist 167. Quidigitur hîc faciat Ecclesiae medicina salutem omnium materna charitate conquirens tanquam inter Phreneticos Lethargicos aestuans Nunquid contemnere nunquid desistere vel debel vel potest Vtrinsque sit necesse est molesta quia neuâ—râ—s est inimica Nam Phrenetici nolunt ligari Lethargici nolunt excitari sed perseverat diligentia charitatis Phreneticum castigare Lethargicum stimulare ambos amare Ambo offenduntur sed ambo diliguntur ambo molestati quamdiu aegri sunt indignantur sed ambo sanati gratulantur FINIS Errata Gentle Reader I shall intreat thee to pardon and correct these Errors of the Printers PAg. 2. 14. l. read thought p. 15. l. 27. â— concitare p. 25. l. 1. r. he commands p. 32. l. 3. Rom r. Reu p. 65. l. 9. Townes r. Turnes p. 70. l. 28. A. contemtuous p. 72. l. 15. Curiae p. 79. l. 2. aâ—gue p. 81. l. 28. but p. 84. l. 18. mee r. wee p. 87. l. 18. dele in p. 106. l. 21. exorbitant p. 124 l. 15. times p. 125. l. 33. viuendi p. 126. l. 26. abjecerit l. 42. Dominus p. 127. l. 18 propter l. 19. caelorum p. l. 27. ca. lumniosi l. 35. dilectione p. 128 l. 7. humano p. 129. l. 19. affligendum l. 25. privatae l. 26 que inerant ablatis ipsi etiam laniati l. 37. aut p. 130 l. 11. nocturnis l. 21. dele l. 24. vehemenenter p. 132. l. 34. eum r enim p. 133. l. 37. Melhusum p 135. l. 42. intimating p. 136. l. 12. Amphilochius p. 143. l. 12. Gretseri p. 146. 26. porpetratis p. 147. l 21. sapientum l. 24. reddamur p. 150. l. 16. Cum. p. 89. l. 45. dele Lu. 1. p. 97. l. 21. Ergo p. 205. l. 6. Magistrates p. 106. l. 36. sensible p. 157 l. 15. groves p. 159. l. 1 for In the Margin p. 61. b. 49. r. Patavinus p. 110. l. 9. Antoninus p. 112. l. 2. Mr. p. 115. l. 5 Haereses l. 10. Beauxamis p. 136. l. 24. CT esiphontem P. 152. l. 12. dele the p. 138. l. 42. Surius l. 14. Annot. p. 86. l. 19. Lit p. 109. l. 1. Scorpiacum p. 110 l. 2. transiret p. 153. l. 10. brugius Argum. 1. * See the Harmony of Confessions Sect. 19. and Calvins Instit l. 4. c. 20. * See Zuinglius Explan Artic. 35. 37. 39 40. De utraque Justitia * Rom. 13. 3 4 5â— * Math. 13. â— Note Note Note Note Note Note * See Lucas Tudensis adv Albigensesâ— 22. 3. * Heb. 9. 27. Note Examples 1. 2. 3. 4. 5. 6. * And Idolatrous Athalia too 7. * Deut. 13. 9. is quoted in margiu of our Bibles 8. Argum. 2. Argum. 3. * See the 1 Esd 8. 23 24. * Super Joannem Tract 11. * Causa 23. qu. 4. fol. 450. a See Eusebius de vita Constantini l. x. c. 11. 45. to 52 l. 2. c. 1. 2. 5. 57. b Cic de natura Deorum c 1. Caelius Rhodig Antiq. Lect. l. 22. c. 1. c De Beneficiis l. 3. c. 6. d Plutarchi Solon e Hist lib. 8. f Diodorus Sic. Bibl. Hist lib. 16. sect 14. c. g Hist lib. 1. De jure Belli l. 2. c. 20. sect 51. h Caelius Rho. Antiq. Lect. l. 22. c. 1. Diogen Lacit l. 1. Cic. de Natur. Deorum l. 1. i Iustin Flist p. 269. See p. 227. Variae Hist l. 5. c. 16. k Hist l. 1. p 16 l Numa Pompilius fol. 21. m Tit. Liv. Hist l. 4. p. 162. Argum. 4. * See Gualther in Locum Hom. 44. in Epist ad Gal. fol. 121. * This Master Burroughs himself confesseth in his Hearts divisions p. 20. 21 i De vita Constantini l. 2. c. 18. 43 44. l. 3. c. 52. to 57. Object