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A56215 The sword of Christian magistracy supported, or, A vindication of the Christian magistrates authority under the Gospell, to punish idolatry, apostacy, heresie, blasphemy, and obstinate schism, with corporall, and in some cases with capitall punishments ... by William Prinne of Lincolns Inne, Esquire. Prynne, William, 1600-1669. 1653 (1653) Wing P4099; ESTC R15969 222,705 186

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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 cōmit 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 ●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
Musculus Loc. Com. p. 1389. and Hugo Etherianus de Haeresibus Theodor Beza writes We teach that christian Magistrates ought to take speciall care that the pure and sincere worship of God may flourish and that they should RESTRAINE AND PUNISH Hereticks CAPITALI QUOQUI PENA SI NECESSITAS ET SCELERIS MAGNITUDO POSTU●ENT and that with capitall punishment if the necessity and the greatnesse of the crime so require rather then the Church should receive any dammage Which he elswhere asserts at large Operum Vol. 1. p. 83 to 171. in a particular learned Treatise De Haereticis a Civili Magistratu puniendis So Junius in Defensione 2. de Trinitate adversus Samotenianos Heidelb 1591. p. 40. Danaeus Ethicae Christianae l. 2. c. 13. elswhere are of the same judgment To whom I might adde Voetius de Tolerantia Anti-Trintariorum Becanus Locorum Com. Locus 49. the Professors of Leyden Censura Remonstr c. 24. sect 9. Spanhemius Diatribe Historica de Orig Progressu Sectis Num. Anabaptistarum with many other forraigne Divines whose names I spare all reformed Churches in forraigne parts concurring with me both in judgment and practice too Neither doe our owne Authors dissent but concurre jointly with these our Brethren witnesse Bishop Jewel and Master Perkins himself whose words I shall recite in the close of this Work Doctor Whitakers Adv. Campianum p. 234. Bishop Babington in his Comfortable Notes upon Exodus cap. 18. in his Works in Folio London 1622. p. 271 272 273. Doctor Fulke in his Answer to the Rhemist Testament on Apoc. sect 6. where he writes thus Though we allow the PUNISHMENT OF HERETICKS both in our owne and other Countries even with death yet we abhor the cruelty of Antichrist and his Church which condemne the Christians and murther them under the colour of Hereticks Doctor Robert Abbot de Suprema Potestate Regia Bishop Carlton of Jurisdiction Regall Episcopall and Papall John Bridges of the Kings Ecclesiasticall Supremacy Thomas Becon in his forecited works and Doctor Willet in his Sixfold Comentary on the Epistle to the Romans cap. 13. Controversie 4 5 6. Where thus he writes Princes ought not onely to take care about the affaires of the common-wealth and to be altogether carelesse of Religion but even unto Ecclesiasticall affaires and matters of Religion they ought to extend their Princely care and watchfulnesse First the Prince is the Minister of God for our good but the good of the Subject is not onely civill and temporall but spirituall concerning Religion Secondly Even the Heathen did ascribe unto their Kings a principal care even of Religion Wherupon the Emperors of Rome were stiled Pontifices Maximi the high Priests or Prelates and Aristotle writeth lib. 3. politic c. 10. that the Lacedemonian Kings had the command of War and rei divinae cultum exercuisse and did exercise divine worship unlesse they were such Sacrifices as were necessarily to be done by a Priest that therefore which by a common consent of Nations was given unto Kings ought not to be denied unto christian Princes Thirdly the care of Religion otherwise concerneth the Prince rather then private persons these onely are to wish well unto it and to accept of it but the Prince ought to be an Agent without whose power nothing can be effected publickly for the maintainance of Religion Secondly it belongeth to the Imperial power to maintain true Religion and see that no confused mixture of Religions be admitted for this is given as a reason in the time of the Judges why some followed Idolatry and strange worship because there was no King in Israel but every one did that which was good in his owne eyes Judges 17. 4. if there had been then a King they should not have been suffered every one to follow their owne fansies Thirdly Christian Princes are by their Lawes and Edicts to restraine all Blasphemy Idolatry Heresie Sacriledge and such like because Princes are to be feared for evill works their office is to restrain all evill works whatsoever such as these are and they are appointed to procure the good of their Subjects and consequently to take out of the way all impediments which may hinder their good such as these are The Romanists grant thus much that the Princes by their Lawes should provide against Heresie but they will exclude the Prince from all judgment of Heresie which must be in their opinion determined only by the Church c. Which all our Divines and Protestant Writers condemning is a strong evidence to me that Heretickes are properly triable onely by the Judges at the Common Law by way of Indictment not by the Clergy as their Heresie is criminall and capitall as well as Romish Priests and Jesuits This truth is very largely and learnedly asserted by Bishop Bilson in his True difference between Christian Subjection and unchristian Rebellion by Bishop Davenant De Judice Norma Fidei cap. 15. p. 71 to 78. and other of the Episcopall Party whom I pretermit I shall conclude onely with such who have written since this Parliament The first of them is learned Master Samuel Rutherfurd in his Due Right of Presbyteries p. 352 to 370 where he propounds this Question Whether the Magistrate hath power to compell persons to a Church-profession For cleering whereof he layes downe and proves these five Conclusions I. The Magistrate may compell to the meanes and externall acts of worship and to restraine them from externall false worship of the false God or of the true God worshiped in a false way he cannot compell to internall acts of faith love and such like as hauing no power over the conscience II. There is one consideration of a Heathen or Pagan Nation which never received Christianity and the true Faith and another consideration of a Nation Baptized and professing Christ III. A Magistrate may compell a Heathen Nation to the negative reverence of Christ in an indirect way and that with the Sword though he cannot compell to the positive worshipping of him If a Christian Prince subdue a Pagan Nation he cannot force them with the Sword to a positive receiving of the Doctrine of the Gospel but if it be a Nation expresly blaspeming Christ as the Nation of the Jewes now doe he may compell them to an abstinence from a professed blaspheming of Christ because he is to use the sword against Blaspemy IIII. The compeling power of the Magistrate is terminated upon externall worship as abstracted from either hypocrisie or sincerity in worship V. Though no man resist the Magistrate in a matter of Religion except in a hypocriticall way save onely he who thinketh he hath reason to resist and is led by the judgment and inditement of conscience yet is not the judgment of conscience but onely the Word of God the rule of mans obedience or resisting in action purposes and conversation These five conclusions he there proves at large asserting That grosse Idolaters seducing Hereticks and universall
Apostales may and ought to be put to death and he cites Beza Junius Becanus Zanchius Perkins Danaeus Bullinger and the Professors of Leydon to be of this opinion That ringleading and seducing Hereticks are to be punished to death with many Popish Authors who are of the self same judgment Master Edwards in his Anti-Pologia and Gangraenaes asserts the like with our London Essex and Suffolk Ministers in their Petitions to both Houses for the punishing and suppressing of Heresies Schismes Blasphemies The Independents in New-England it selfe as Master Cotton Master Hooker and others are of the same judgment and de facto banished Master Williams Mistris Hutchinson and other Hereticks and Schismaticks out of their Plantation In few words John Goodwin himselfe in a Book intituled M. S. to A. S. p. ●0 Master Henry Burton in his Vindication of the Churches commonly called Independent p. 70. and Master Jeremy Burroughs of Heart-Divisions p. 20 21. three grand Independents conclude against Master Dell That the Magistrate may fight with and punish Superstition Heresie Schisme as well as with corruption of manners where there is no danger of fighting against God And Mastor Burroughs from Zech. 13. 3. grants That in the times of the Gospel of which this Text is a Prophesie all erronious or idolatrous Prophets or Teachers should be brought before the civill Magistrate to receive condigne punishment even to the taking away of life in some cases Finally even the very Ringleaders of the Anabaptists themselves who to propagate their owne errors without restraint first cryed do●me the Magistrates coercive power in matters of Faith asserting That they ought not by their Lawes and Edicts to compell men to come to the publick meetings or punish any man with corpopall or capitall punishments for any error or heresie and at last denied Magistracy it selfe Did afterwards when they got the power into their owne hands not onely make and proclaime themselves Magistrates and Kings exercising more barbarous bloody tyrannies then the worst of Tyrants ever did but professedly asserted and maintained That all those who would not be Re-baptized and embrace their fanatick opinions were to be slaine and put to death as wicked men and Infidels and their Lands and Goods to be confiscated to themselves the onely Saints and accordingly they murdered and put to death many of their owne Members and thousands of others in Suaben Munster and other parts of Germany violently seizing on their Lands Castles Houses Goods till they were themselves suppressed and dissipated by the sword and above an hundred thousand of them slaine and executed in sundry places of Germany as the Marginall Authors record at large Therefore their own pactice Doctrine subverts this their pretended Anti-Magistraticall position It did so heretofore in Germany and dot● so already even in New and Old England where they have any power and I pray God we feel not as sad effects and symptomes hereof ere long at home as ever they did in Germany All these Authorities will I hope overballance Master Dels opinion and mis-quotations to the contrary Having fully answered and totally routed all Master Dels forces against the coercive power of the civill Christian Magistrate in case of Heresie Schisme Blasphemy I shall next fall upon a few Reserves of some of his Saints in the Army and of their Champion Master John Goodwin which I shall quickly scatter and then conclude The twelfth Objection made by some Sectaries in the Army against the Magistates punishment of Blasphemy is thus expressed in a Letter written by a godly Minister June 3. 1646. who was then in the Army They would not have the old Military orders set forth by the Earle of Essex observed That BLASPEMERS should be boared through the Tongue The argument that they urged was That sinnes which are directly against God should be punished by God Upon which ground they hold that Heresie Atheisme c. should not be punished by the Magistrate because they are sinnes directly against God c. To this I shall answer first that if this ground were true then God the Fountaine of Justice being as able to punish sinnes directly against himselfe as well under the Law as Gospel would not have in positive tearmes commanded such who were guilty of open Blasphemy and Idolatry being sinnes directly against him to be stoned and put to death without any mercy as I have proved he did and those godly Magistrates and Princes wsto punished Idolaters with death under the Law had been Murderers and Delinquents This argument therefore which taxeth God himselfe and his precepts of direct injustice under the Law must be rejected by the Objectors as blasphemous or else they must make it appeare by Scripture that though these sinnes under the Law were by Gods owne command to be punished with death by the civill Magistrate and people yet now under the Gospel he hath resumed the power of punishing them onely to himselfe and deprived Christian Magistrates of it which they can never doe Secondly By this reason Magistrates must not punish direct Atheists openly professing there is no God nor such Hereticks who deny the Trinity or the Deity of Christ and the holy Ghost nor such as deny there is any Heaven or Hell since these sinne directly against God himselfe O the piety of Master Dels anointed faithfull Saints is this their zeale their piety their sanctity Thirdly they must by this reason punish no sinne at all no not Rebellion Murder Treason Sorcery Adultery for these sinnes are directly committed against God who prohibits and whose prohibition makes them sinnes but sinnes onely indirectly against men as they are Gods creatures and beare his image Fourthly if this paradox be true then by the self same reason God himselfe is not to punish any sinne committed imediatly against men as Murder Adultery c. nor may God nor man punish sinnes committed by beastly men with Beasts because not directly committed against God or man in the Objectors sense and then what becomes of the truth of Heb. 13. 4. Revel 21. 8. cap. 22. 15. Whoremongers and Adulterers God will judge and they shall have their Portion in the Lake which burneth with fire and Erimstone And of Levit. 18. 23. cap. 20. 15 16. If a man lye with a Beast he shall be surely put to death and he shall slay the Beast And if a woman approach unto any Beast and lye downe thereto thou shalt kill the woman and the Beast they shall surely be put to death their blood shall be upon them Fiftly the Magistrates are but Gods Ministers Avengers Deputies to execute wrath upon all evill doers whence in Scripture they are called Gods said to sit on Gods Throne and to judge for the Lord Therefore certainly they may and ought to punish all sins directly acted against God whose Deputies they are rather and more severely then any other as Judges and Kings