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A90288 A sermon preached to the Honourable House of Commons, in Parliament assembled: on January 31. A day of solemne humiliation. With a discourse about toleration, and the duty of the civill magistrate about religion, thereunto annexed. Humbly presented to them, and all peace-loving men of this nation. / By John Owen, pastor of the Church of Christ, which is at Coggeshall in Essex. Owen, John, 1616-1683. 1649 (1649) Wing O805; Thomason E540_25; Thomason E549_1; ESTC R203104 74,810 103

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dis-beleeve all the strange imputations of wickednesse and uncleannesse that are imposed upon many to be either the end or the medium of the practise of that communion in Religion which they do professe and imbrace I remember that when I was a boy all those stories were told me of Brownists and Puritans which afterward I found it to have been long before the forgeries of Pagans and imposed on the primitive Christians I dare boldly say I have heard stories of them an hundred times holding out that very thing and those deeds of darknesse which Minutius Felix holds out in the tongue of an Infidel concerning the Christians of those dayes but yet because sundrie venerable persons to whom Antiquity hath given sanctuary from being arraigned in the point of false testimony have left it upon record of sundry Hereticks in their dayes as the Gnosticks others that they were conjoyned into societies tessera pollutionis and some assert that the like iniquities are not wholly buried I made the supposition and hope that if they depose themselves from common sence and reason the Magistrate will never exalt them to the priviledge and exemption of Religion In these and such like eases as these when men shall break forth into disturbance of common order and enormities against the light of nature beyond all positive command of any pretended Religion whatsoever that the Magistrate ought to set hedges of thornes in their wayes sharpned according to their severall delinquencies I suppose no man not abhord of common sense can once hesitate or doubt And I am the more inclin'd to assert a restraint to all such as these because it may be established to the height without the least prejudice unto the truth though persons erring should injoy the place of authority That which now remaineth in this head to be considered is concerning persons maintaining and upholding any great and pernicious errors but in such wayes as are not by any of the former disorders to be brought under the cognizance of the Civill Magistrate but good honest allowable and peaceable in themselves not at all to be questioned but in reference to the things that are carried on in and by those wayes as communication by discourse and private preaching and the like Now concerning these it is generally affirmed that persons maintaining any error in or against any fundamentall Article of faith or Religion and that with obstinacy or pertinacie after conviction ought to be proceeded against by the authority of the civill Magistrate whether unto death or banishment imprisonment or confiscation of goods Now unto this supposing what I have written heretofore concerning the incompetency of all and the non-constitution of any Judge in this case with the Answers given at the beginning of this Treatise to the most of the places produced usually for the affirmative reserving the consideration of pressing conformity to the next head to be handled I shall briefly give in my thoughts and 1. That I cannot but observe that in the question it self there are sundry things gratis assumed as 1. That it is known and confessed what Articles in Religion are fundamentall and this also to the Magistrate when no one thing among Christians is more questionable most accounting them so be they what they will wherein they differ from others So that one way or other all dissenters shall be hooked in directly or indirectly to clash upon fundamentals In this Papists are secure who make the Churches Propositions sufficient to make an Article fundamentall 2. That the persons holding the error are convinced when perhaps they have been onely confuted between which two there is a wide difference he that holds the truth may be confuted but a man cannot be convinced but by the truth That a man should be said to be convinced of a truth and yet that truth not shine in upon his understanding to the expelling of the contrary error to me is strange To be convinced is to be over-powred by the evidence of that which before a man knew not I my self once knew a Scholer invited to a Dispute with another man about something in controversie in Religion in his own and in the judgement of all the by-standers the opposing person was utterly confuted and yet the Scholer within a few months taught of God and clearly convinced that it was an error which he had maintained and the truth which he opposed And then and not till then did he cease to wonder that the other person was not convinced by his strong Arguments as before he had thought May not a Protestant be really worsted in a Dispute by a Papist hath it not so ere now fallen out If not the Jesuites are egregious lyars To say a man is convinced when either for want of skill and ability or the like he cannot maintain his opinion to and against all men is meer conceit The truth is I am so far from this morose severitie of looking upon all erring persons as convinced that have been confuted that I rather in charity incline to beleeve that no erring person whilest he continues in his error is convinced It will not easily enter into my dull apprehension how a man can be convinced of an error that is enlightned with a contrary truth and yet hold that error still I am loth to charge more corrupt and vile affections upon any then do openly appear That of Paul affirming that some men are self-condemned is quite of another nature I think a person is said to be convinced not when there is a sufficiency in the means of conviction but when there is such an efficacy in them as to lay hold upon his understanding 5. That they are obstinate and pertinacious is also a cheap supposall taken up without the price of a proof What we call obstinacy they call constancy and what we condemne them for as pertinacy they embrace as perseverance as the conviction is imposed not owned so is this obstinacy if we may be judges of other mens obstinacy all will be plain but if ever they get uppermost they will be judges of ours Besides I know not what good it will do us or how it will advantage our cause to suppose men obstinate and convinced before we punish them no such qualifications being anywhere in the book of God urged in persons deserving punishment if they have committed the crime whereunto the penalty is annexed be they obstinate or not they shall be punished But now supposing all this that we are clear in all fundamentals that we are convinced that they are convinced and doubt not but that they are obstinate if they keep themselves in the former bounds what is to be done I say besides what we spake at the entrance of this discourse I shall as to any wayes of corporall coaction and restraint oppose some few things 1. The non-constitution of a Judge in case of heresie as a thing civilly criminall As to spirituall censures and an Ecclesiasticall judgement of
errors and false doctrines we finde them appointed and a lawfull Judge as to the determining concerning them divinely instituted so that in such wayes they may be warrantably proceeded against Revel. 21. 3. But now for any Judge that should make disquisition concerning them or proceed against them as things criminall to be punished with civill censures I conceive the Scripture is silent And indeed who should it be The custome of former ages was that some persons of one sort should determine of it as to right viz that such or such a thing was heresie and such or such a one an Heretick which was the work of Priests and Prelates and persons of another sort should de facto punish and determine to be punished those so adjudged by the former and these were as they called them the secular Magistrates officers of this world And indeed had not the God of this world blinded their eyes and the God of the spirits of all flesh hardened their hearts they would not have so given up their power to the Man of sin as to be made so sordidly instrumentall to his bloody cruelty We read Jer. 26. 10 11. that the Priests and Prophets assemble themselves in judgement and so pronounce sentence upon the Prophet Jeremy that he should dye for a false Prophet v. 12. Jeremy makes his appeal to the secular Magistrate and all the people who taking cognizance of the cause pronounce sentence in the behalf of the condemned person against the Priests and Prophets and deliver him whether they will or not v. 16. I spare the Application of the story but that Princes and Magistrates should without cognizance of the thing or cause proceed to punishment or censure of it upon the judgement of the Priests condemning such or such a man for an heretick or a false prophet blessed be the Lord we have no warrant Had this proceeding been regular Jeremy had dyed without mercy for a false prophet as thousands since standing before the Lord in his spirit have done This course then that the civill Magistrate should proceed to sentence of corporall punishment upon others judging of the fault is vile sordid unwarrantable and exceedingly unworthy of any rationall man much more such as are set over the people of the Land that the same persons must determine of the cause and appoint the punishment is clear Now who must these be are they the Ministers of the Gospel of all others they are the most likely to be the most competent Judges in spirituall causes let it then be so but then also they must be the determiners and inflicters of the punishment upon default now let them powre out upon obstinately erring persons all the vengeance that God hath betrusted them withall The weapons of our warfare are not carnall but mighty through God c. By this course Admonition Avoiding Rejection Excommunication will be the utmost that can be inflicted on them which for my part I desire may be exercised to the utmost extent of the rule 2ly shall the Magistrate be made Judge of the cause as well as of the person is he entrusted to determine what is error what not what heresie what not who is an Heretick who not and so what punishment is due to such and such errors according to the degrees wherein they are Why first I desire an institution of this ordinance in the Church where is the Magistrate entrusted with such a power where are rules prescribed to him in his proceedings 2ly is not a judiciary determination concerning truth and error I mean truths of the Gospel a meer Chruch act and that Church power whereby it is effected must not then the Magistrate quâ talis be a Church officer will men of this minde tolerate Erastianisme 3ly if there be a twofold judicature appointed for the same person for the same crime is it not because one crime may in divers respects fall under severall considerations and must not these considerations be preserved immixed that the formall reason of proceeding in one Court may not be of any weight in the other We proved before and it is granted of all that the Church is Judge in case of heresie and error as such to proceed against them as contrary to the Gospel their opposition to the faith delivered to the Saints is the formall reason upon which that proceedeth to censure if now this be afterwards brought under another sentence of another Judicature must it not be under another consideration Now what can this be but its disturbance of civill society which when it doth so not in pretence but really and actually none denyes it to be the Magistrates duty to interpose with his power 4ly if the Magistrate be Judge of spirituall offences and it be left to him to determine and execute judgement in such proportion as he shall think meet according to the qualitie and degrees thereof it is a very strange and unlimited arbitrarinesse over the lives estates of men and surely they ought to produce very clear testimonies that they are entrusted from the Lord herewith or they can have no great quiet in acting 5ly it seems strange to me that the Lord Jesus Christ should commit this Architechtonicall power in his house unto Magistrates foreseeing of what sort the greatest number of them would be yea determining that they should be such for the tryall and affliction of his own View the times that are past consult the stories of former ages take a catalogue of the Kings and Rulers that have been since first Magistrates outwardly embraced Christian Religion in this and other Nations where the Gospel hath been planted and ask your own consciences whether these be the men to whom this high trust in the house of God is committed The truth is they no sooner left serving the Dragon in the persecution of the Pagans but presently in a very few yeers they gave up their power to the beast to set up another State in opposition to the Lord Jesus Christ and his Gospel in the supportment whereof the most of them continue labouring till this very day Hae manus Trojam exigent What may be added in this case I refer to another opportunity 2. Gospel constitutions in the case of heresie or error seems not to favour any course of violence I mean of civil penalties Foretold it is that heresies must be 1 Cor. 11. 19. but this for the manifesting of those that are approved not the destroying of those that are not I say destroying I mean with temporall punishment that I may adde this by the way for all the arguments produced for the punishment of hereticks holding out capitall censures and these being the tendance of all beginnings in this kinde I mention onely the greatest including all other arbitrary penalties being but steps of walking to the utmost censures Admonitions and Excommunication upon rejection of admonition are the highest constitutions I suppose against such persons Waiting with all patience upon
them that oppose themselves if at any time God will give them repentance to the acknowledgement of the truth imprisoning banishing slaying is scarcely a patient waiting God doth not so wait upon unbeleevers Perhaps those who call for the sword on earth are as unacquainted with their own spirits as those that called for fire from heaven Luk. 11. And perhaps the parable of the tares gives in a positive rule as to this whole businesse occasion may be given of handling it at large for the present I shall not fear to assert that the answers unto it borrowed by our Divines from Bellarmine will not endure the triall we hope that spirituall quiet and inoffensivenesse in the whole mountain of the Lord which is wrapt up in the wombe of many promises will at length be brought forth to the joy of all the children of Sion 3. Sundrie other arguments taken from the nature of faith heresie liberty of Conscience the way of illumination means of communication of truth nature of spirituall things pravitious tendence of the doctrine opposed if it should be actually embraced by all enjoying authority and the like I thought at present to have added but I am gone already beyond my purposed resting place Come we in a few words to the last thing proposed wherein I shall be very brief the main of what I intended being already set down the power of the Magistrate to compell others to the embracing of that Religion and way of worship which he shall establish and set up which for the greater advantage we shall suppose to be the very same both for the things proposed to be beleeved and also practised which God himself hath revealed and requireth all men every where to embrace What is to be done for the setling and establishing of the profession of the Gospel and the right apprehension of the minde of God therein contra-distinct from all those false and erronious perswasions which in these or former dayes are or have been held forth in opposition thereunto was before declared how it is to be supported maintained protected defended safe-guarded from all oppositions disturbances blasphemings was then and there set down Now supposing that sundry persons living under the power and owning civill obedience to the Magistrate will not consent to sound doctrine nor receive in some things fewer or more lesse or greater that form of wholsome words which he holds forth and owns as the minde of Christ in the Gospel nor communicate with him in the worship which by the Authority of those words or that truth he hath as before established it is inquired what is the duty of the Magistrate in reference to the bringing of them into that subjection which is due unto and acknowledgement of the truth And to this I shall briefly give in my Answer in these following Positions 1. In reference unto us in this Nation the greatest difficulty in giving a full return to this question ariseth from the great disorder of the Churches of God amongst us were the precious distinguished from the vile Churches rightly established and Church discipline exercised that Christians were under some orderly view and men might be confidered in their severall capacities wherein they stand an easie finger would unty the knot of this quaere but being in that confusion wherein we are gathering into any order being the great work in hand I suppose under favour that the time is scarce come for the proposall of this question but yet something may be given in unto it though not so clear as the former supposall being effected would cause it to be 2. The constant practise of the Churches in former ages in all their meetings for advise and counsell to consent into some form of wholsome words that might be a discriminating tessera of their communion in doctrine being used in prime Antiquitie as is manifest in that ancient Symbol commonly esteemed Apostolicall of the chief heads whereof mention in the like Summary is made in the very first writers among them having also warrant from the Word of God and being of singular use to hold out unto all other Churches of the world our apprehensions of the minde of God in the chief heads of Religion may be considered If this be done by the authority of the Magistrate I mean if such a declaration of the truth wherein the Churches by him owned and protected do consent be held out as the confession of that truth which he embraceth it will be of singular use unto yea indeed must necessarily precede any determination of the former question of the nature and use of confessions c. so much hath of late been learnedly disputed that I shall not powre out any of mine own conceptions for the present about them in that hasty tumultuary manner wherein I am enforced to expose this essay 3. Those who dissent from the truth so owned so established so decreed do so either in lesse matters of small consequence and about things generally confessed not fundamentall or in great and more weighty heads of doctrine acts of worship and the like both agreeing in this that they will not hold communion as either to all or some parts and duties thereof which those Churches and persons who do embrace the truth so owned as before and act accordingly For the first of these or such as dissent about things of no great concernment in comparison of those other things wherein they do agree with them from whom they do dissent I am bold positively to assert that saving and preserving the Rules and qualifications set down under the second head the Magistrate hath no warrant from the Word of God nor command rule or precept to enable him to force such persons to submit unto the truth as by him established in those things wherein they expresse a conscientious dissent or to molest them with any civill penalty in case of refusall or non-submission nor yet did I ever in my life meet with any thing in the shape of Reason to prove it although the great present clamor of this Nation is punctually as to this head what ever be pretended this is the Helena about which is the great contest What I pray will warrant him then to proceed Will the Laws against Idolatry and Blasphemy with their sanctions towards the persons of blasphemers and idolaters for I must ingenuously confesse all that which in my poore judgement looks with any appearance of pressing toward Haereticidium is the everlasting equity of those judiciall Laws and the Arbitrarinesse of Magistrates from a divine rule in things of the greatest concernment to the glory of God if free from them and that these Laws I doubt will scarcely be accommodated unto any thing under contest now in this age of the world among Christians but shall I say a warrant taken from hence for the compelling of men sound in so many fundamentals as were it not for the contest with them we would acknowledge sufficient for the entertainment
equity of those and the like Constitutions and deduced by Analogie and proportion to the businesse in hand I shall afterwards declare The summe of what is usually drawne out from holy Writ against such a forbearance as I suppose may be asserted and for the punishing Hereticks with Capitall punishments being briefly discussed I proceed in the next place to such other generall observations as may serve to the further clearing of the businesse in hand and they are these that follow 1. The forbearance of or opposition unto Errors may be considered with respect either unto Civill or Spiritual Judicature For the Latter it is either Personall or Ecclesiasticall properly so called Personall forbearance of Errors in a spirituall sense is a Moral Toleration or approbation of them So also is Ecclesiasticall The Warrant for proceedance against them on that hand is plaine and evident Certainely this way no Error is to be forborne All persons who have any Interest and share in Truth are obliged in their severall wayes and stations to an opposition unto every Error An opposition to be carryed on by Gospel Mediums and spirituall weapons Let them according as they are called or opportuned disprove them from the Word Contending earnestly for the faith once delivered unto the Saints Erring Persons are usually Bono animo sayes Salvian very zealous to propogate their false conceptions and shall the Children of Truth be backward in her defence Precepts unto this as a duty commendations of it incouragements unto it are very frequent in the Gospel Alike is this duty incumbent on all Churches walking to the rule The spirituall Sword of Discipline may be lawfully sheathed in the blood of Heresies No spirituall Remedy can be too sharpe for a spirituall disease When the Cure is suited to the Malady there is no danger of the application And this is not denyed by any He that submits himselfe to any Church society does it ea lege of being obedient to the Authority of Christ in that Church in all its Censures Volenti non fit injuria Error is offensive and must be proceeded against Examples and precepts of this abound in the Scriptures The blood of many erring persons I doubt not will one day have a Quo warranto granted them against their as to the particulars in debate Orthodox slayers who did it to promote the service of God Let them not fear an after reckoning who use the Discipline of Christ according to his appointment This being considered the occasion of a most frequent Paralogisme is removed If errours must be tolerated say some then men may doe what they please without controll No meanes it seems must be used to reclaime them But is Gospel Conviction no meanes Hath the Sword of Discipline no edge Is there no meanes of instruction in the New Testament established but a Prison and a Halter Are the Hammer of the Word and the Sword of the Spirit which in days of Old broke the stubbornnest Mountaines and overcame the proudest Nations now quite uselesse God forbid Were the Churches of Christ established according to his appointment and the professors of the Truth so knit up in the unity of the Spirit and bond of peace as they ought to be and were in the Primitive times I am perswaded those despised Instruments would quickly make the proudest Hereticke to tremble When the Churches walked in sweet Communion giving each other continuall account of their affaires and warning each other of all or any such persons as either in practice or doctrine walked not with a right foot as we have examples in Clem. Epist. ad Corinth the Churches of Vienna and Lyons to those of Asia Euseb. of Ignatius to severall persons and Churches of Iraeneus to Victor Euseb. Dyonisius to Stephen ibid. and the like Hereticks found such cold entertainment as made them ashamed if not weary of their chosen wanderings but this is not my present businesse 2. There is an opposition or forbearance in reference to a civill Judicature and proceedence of things which respecteth Errors in a Reall sense as to the inflicting or not inflicting of punishment on Religious Delinquents And this is the sole thing under debate viz. Whether Persons enjoying civill Authority over others being intrusted therewithall according to the Constitutions of the place and Nation where the lot of them both by Providence is fallen are invested with power from above and commanded in the Word of God to coerce restraine punish confine imprison banish hange or burne such of those persons under their jurisdiction as shall not embrace professe beleeve and practice that Truth and way of worship which is revealed unto them of God or how far into what degrees by what means in any of these wayes may they proceed The Generall propositions and considerations of the penall Lawes of God which were before laid downe have as I suppose left this businesse to a naked debate from the word of truth without any such prejudices on either part as many take from a misapprehension of the mind of God in them and therefore by the Readers patience I shall venture upon the whole anew as if no such arguments had ever been proposed for the affirmative of the Question in hand not declining the utmost weight that is in any of them according to equity and due proportion And here first I shall give in a few things 1. To the Question it selfe 2. To the Manner of handling it 1. To the Question it selfe for herein I suppose 1. That the Persons enjoying Authority doe also enjoy the truth which is to the advantage of the Affirmative 2. That their Power in civill things is jnst and unquestionable which also looses favourably on that side 3. That Non-toleration makes out it selfe in positive infliction of punishment which is so or is nothing Casting men out of protection exposing them to vulgar violence is confestly unworthy of men representing the authority of God and contrary to the whole end of their trust 2. To the manner of handling this Question among persons at variance and here I cannot but observe 1. That if I have taken my aime aright there is no one thing under debate amongst Christians that is agitated with more confidence and mutuall animosity of the Parties Litigant Each charging other with dreadfull inferences streames of blood and dishonour to God flowing out from their severall perswasions So that ofttimes in stead of a faire dispute you meet on this subject with a Patheticall outcry as though all Religion were utterly contaminated and trampled underfoot if both these contradictory assertions be not imbraced Now seeing that in it selfe it is a thing wherein the Gospel is exceedingly sparing if not altogether silent certainely there must be a further Interest then of Judgement alone or else that very much prejudicated with corrupt affections or men could not possibly be carryed out with so much violence upon supposed selfe-created consequences wherwith in this cause they urge one another 2. That
generally thus much of private Interest appeares in the severall contesters that Non-toleration is the Opinion of the many and these enjoyning the countenance of Authority Toleration of the Oppressed who alwayes goe under the Name of the faction or factions the unavoidable Livery of the smaller number professing a way of worship by themselves be it right or wrong I doe not desire to lay forth the usuall deportment of men seeking the suppressing of others differing from them towards those in Authority It is but too clearely made out by dayly experience If they close with them they are Custodes utriusque Tabulae the Churches Nursing Fathers c. what they please But if they draw back for want of light or truth to serve them Logges and Storks find not worse entertainement from Froggs then they from some of them Such things as these may nay ought to be especially heeded by every one that knowes what influence corrupt affections have upon the judgements of men and would willingly take the paines to wipe his Eyes for the discerning of the truth These things premised I assert That Non-Toleration in the Latitude which is for Persons in Authority enjoying the truth or supposing they doe enjoy it to punish in an Arbitrary way according to what they shall conceive to be condigne men who will not forsake their owne convictions about any head or heads of Christian Religion whatsoever to joyne with what they hold out either for beliefe or worship after the using of such wayes of perswasion as they shall thinke fit is no way warranted in the Gospel nor can any sound proofe for such a course be taken from the Old Testament The Testimonies out of the Law which I can apprehend to have any colour or appearance of strength in them with the examples approved of God that seem to look this way I considered at our entrance into this discourse I speake of punishing in an Arbitrary way for all instances produced to the purpose in hand that speak of any punishment mention nothing under death it selfe which yet at least in the first place is not aymed at by those that use them in our dayes as I suppose Now some Divines of no small Name maintain that God hath not left the imposition of punishment in any measure to the wils of men Some Arguments for the proofe of the former Assertion as layd downe I shall in due place make use of for the present I desire to commend to the serious pondering of all Christians in generall especially of those in Authority these ensuing considerations 1. That it is no priviledge of truth to furnish it's Assertors with this perswasion that the Dissenters from it ought forceably to be opposed restrained punished No false Religion ever yet in the World did enthrone it selfe in the minds of men enjoyning a civill soveraignty over the persons of others but it there withall commanded them under paine of neglect and contempt of it selfe to crush any underling worship that would perke up in inferiour consciences The old Heathens carryed their Gods into the Warre as did the Philistims 1 Chron. 14. 12. and the Israelites the Arke with Heathenish superstition 1 Sam. 4. 3. to whom they ascribed the successe they obtained and in requitall of their kindnesse they forced the dunghill Deities of the conquered Nations to attend the tryumph of their Victorious Idols and unlesse they adopted them into the number of their owne Gods all further worship to them was forbidden Hence were these inventions among the old Romans by spells and Enchantments to entise away a Deity from any City they besieged they being as expert at the getting of a Devill as Tobias's Raphael or the present Romanists at his fumigation by which means they shrived into the honor of having 30000 unconquered Idols as Varro in Augustine de civit Dei and deserved worthily that change of their Cities Epithete from {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which it justly inheriteth to this very day Rabsheke's provocation to the example of the Gods of the Nations 2 Kings 18. 33 34. and the Roman Senats consultation concerning the admitting of Christ to a place among their Idols that he might have been freely worshipped their consent being prevented by his Almighty providence who will not be enrolled among the vilest works of his most corrupted creatures do both declare this thing Now not to speak of Caine who seems to me to have layd the foundation of that cruelty which was afterward inserted into the Churches Orthodoxies by the name of Haereticidium we find the four famous Empires of the World to have drunke in this perswasion to the utmost of suppressing all by force and violence that consented not to them in their way of worship Nebuchadnezzar the Crowne of the golden Head sets up a Furnace with an Image and a Negative answer to that Quaery doe you not serve my Gods nor worship my Image served to cast the servants of the living God into the middest of the fire Dan. 3. Daniel's casting into the Lyons Den Chap. 6. shews that the Persian Silver brest and armes did not want Iron hands to crush or breake the Opposers of or dissenters from their Religious Edicts And though we find not much of the short-lived founder of the Grecian Dominion yet what was the practice of the Branches of that Empire especially in the Syrian and Egiptian sprouts the three Books of the Machabees Josephus and others do abundantly manifest For the Romans though their Judgement and practice which fully and wholly are given over from the Dragon to the Beast and false Prophet be written in the blood of thousands of Christians and so not to be questioned yet that it may appear that we are not the onely men in this Generation that this wisedome of punishing dissenters was not born with us I shall briefly give in what grounds they proceeded on and the motives they had to proceed as they did First then they enacted it as a Law that no religious worship should be admitted or practised without the consent decree and establishment of the Senate Mention is made of a formall Law to this purpose in Tertullian Apol. cap. 5. though now we find it not The foundation of it was doubtlesse in that of the twelve Tables Separatim nemo habessit Deos neue novos sed ne Aduenas nisi publice ascitos privatim colunto Let none have Gods to himselfe neither let any privately worship new or strange Deities unlesse they be publiquely owned and enrolled And that it was their practise and in the counsells of the wisest amongst them appeares in that advice given by Maecenas to Augustus in Dio Cassius {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Worship saith he the divine power thy selfe according to the constitutions of thy Countrey alwayes and at all times and compell others so to honeur it not onely for the Gods sake whom yet whoso
Servctus in Geneva the pursuit of Gentilis Blandeata and some other mad men in Helvetia for the space well nigh of 700 years the chiefest season of the Reigne of Sathan and Antichrist all punishing for Religion was managed by the Authority of Rome and against the poore witnesses of Jesus prophecying in sackcloth in the severall Regions of the West And what streames of blood were poured out what Millions of Martyrs slaine in that space is knowne to all Hence Bellarmine boasteth that the Albigenses were extinguished by the Sword De Laic cap. 22. It is true there were Lawes enacted of old by Theodosius Valentinian Martian as C. de haereticis L. Manichaeis L. Arriani L. Vnicuique which last provideth for the death of Seducers but yet truely though they were made by Catholicks and in the favour of Catholicks yet considering to what end they were used I can look upon them no otherwise but as very bottome stones of the Tower of Babel This then in its Latitude proving so pernicious to the profession of the Gospell having for so long driven the Woman into the Wildernesse and truth into corners being the maine Engine whereby the Tower of Babel was built and that which at this day they cry Grace unto as the foundation stone of the whole Antichristian Fabrick see Becanus de fide baereticis servanda Bell. de Laicis c. we had need be cautious what use we make as one tearmes it well of the Broome of Antichrist to sweep the Church of Christ Whither that wee are in the Truth and they blinded with Error of whom wee have spoken be a sufficient Plea we shall see anon In the meane time we may doe well to remember what Lewes the twelth of France said yea swore concerning the Inhabitants of Mirindoll whom by the instigation of his Prelates he had ordered to be slaine when newes was brought him what was their conversation and way of life Let them be Hereticks if you please saith he but assuredly they are better then me and my Catholicks Take heed least the punished be better then the punishers Let me add to this Observation onely this that the attempt to suppresse any Opinions whatsoever by Force hath been for the most part fruitlesse for either some few particular persons are proceeded against or else greater multitudes If some particulars only the Ashes of one hath alwayes proved the seed of many Opinionatiists Examples are innumerable take one which is boasted of as a patterne of severity taken from Antiquity About the yeare 390. Priscillianus a Manichee and a Gnosticke by the procurement of Ithacius and Idacius two Bishops was put to death by Maximus an usurping Emperour who ruled for a season having slaine Gratianus as that kind of men would always close with any Authority that might serve their owne Ends Now what was the issue thereof Martinus a Catholick Bishop renounces their Communion who did it The Historian that reports it giving this censure of the whole Sic pessimo exemplo sublati sunt homines luce indignissimi though the men Priscillian and his Companions were most unworthy to live yet their sentence to death was most unjust But no matter for this was not the Heresie suppressed thereby See what the same Historian who wrote not long after and was able to testifie the event sayes of it it is Severus Sulpitius lib. 2. Eccles. Hist. Non solum non repressa est haeresis sayes he sed confirmata Latius propagata est c. The heresie was so farre from being suppressed hereby that it was confirmed and propagated His followers who before honoured him as a Saint now adore him as a Martyr The like in all Ages hath been the issue of the like indeavours But now if this course be undertaken against Multitudes what is or hath been the usuall End of such undertakings Take some examples of late dayes Charles the fifth the most mighty Emperour of Germany undertakes by violence to extirpate the Lutherans and Calvinists out of the Empire After a tedious Warre the death of many thousands the wasting of the Nation in the close of all himselfe is driven out of Germany and the businesse left much where it begun Sleid. Com. Philip of Spaine will needs force the Inquisition upon the Netherlands What is the issue After the expence of an Ocean of blood and more Coyne then would have purchased the Countrey twice over his Posterity is totally deprived of all Sovereignty over those Parts Patrick Hamilton and George Wishard are put to death in Scotland by the procurement of a Cardinall the Cardinall is instantly murthered by some desperate young men and a war raised there about Religion which was never well quieted untill having hunted their Queene out of her native Kingdome she had her head chopt off in England History of Reformation in Scotland The Warres Seditions Tumults Murders Massacres Rapes Burnings c. that followed the same attempt in France cannot be thought of without horror and detestation Neither knew those things any End untill the present forbearance was granted Instances might be multiplyed but these things are knowne to all If any shall say all these Evils followed the attempting to suppresse Truth not Errour I shall answer him another time being loath to doe it unlesse compelled Onely for the present I shall say that Errour hath as much right to a forceable defence as Truth 6. To stirre us up yet further to a serious consideration of the grounds and reasons which are laid downe for the inflicting of punishment upon any for Exorbitancies in things of Religion upon what hath been said the perpetuall coincidence of the causes by them held forth who pretend to plead for just severity with their pretences who have acted unjust persecution would be well heeded The Position is laid downe in Generall on both sides that Erring persons are so and so to be dealt withall That such is the power and duty of the Magistrate in such cases The definition of Heresie is agreed on for the maine onely the Papists place the Churches determination where others thrust in the Hereticks conviction a thing much more obscure to by-standers and Judges also The appellations wherewith truth persecuted and error pursued are cloathed still the same The consequents urged on all sides of dishonour to God trouble to the State and the like not at all discrepant The arguments for the one and other for the most part the same Looke what Reasons one Sect gives for the punishing of another the names being changed are retorted He blasphemeth to the Hereticke who chargeth blasphemy upon him Wee use no other Arguments cite no other Texts presse no other consequencies for the punishing of other Hereticks then the Papists the wisest Hereticks breathing doe for the punishment of us No colour no pretence but hath been equally used in all hands None can say this is mine To Luthers objection that the Church of Christ never burned an Hereticke for Husse