willing and minding to maintain and defend the holy Church and the Lawes and Statutes of the same TO ROOT ALL SVCH ERRORS and HERESIES OUT OF OUR KINGDOME OF ENGLAND as much as in us lies and the hereticks so convicted to punish WITH CONDIGNE PUNISHMENT and considering that such hereticks convicted and condemned in forme aforesaid both ACCORDING TO THE LAW OF GOD AND MAN AND THE CANONICALL INSTITUTIONS IN THIS CASE ACCUSTOMED OUGHT TO BE BURNED WITH FIRE We command you as straitly as we may or can firmely injoyning you that you do cause the said William being in your custody in some publike and open place within the Liberties of your City aforesaid the cause aforesaid being published to the people TO BE PVT INTO THE FIRE and IN THE SAME FIRE REALLY TO BE BVRNED to the great horror of his offence and the manifest example of other Christians and this upon the perill that will fall thereupon you may by no means omit Teste Rege apud Westm 26. Febr. Anno Regni sui 2. This condemnation of Sautry and writ for his burning was in time before the Statute of 2. H. 4. passed in Parliament and was made by advise of the Lords Temporall in Parliament only without the Commons as the Parliament roll demonstrates Soone after which one John Badby was likewise burned by vertue of a like writ and sundry others after him From this writ I shall observe First that by the Canonicall Law and Sanctions generally used and received in England and in forraign parts Bishops both in their Synods and Consistories usurped authority to convict condemn Hereticks and deliver them over to the secular power to be corporally punished which is further cleared by the expresse words of the Statute of 2. H. 4. cap. 15. but they could neither attach nor imprison them before that Act in this Kingdome 2. That the burning of Hereticks with fire was not introduced by the Statute of 2. H. 4. or this writ then first made by advise of the Temporall Lords but was a punishment accustomed in this case according to the Law of God and man and canonicall institutions used in this Realme long before this Act made as the very words of the writ compared with this Statute of 2. H. 4. made in Parliament in the same yeare soone after this Writ attest 3. That this writ framed in Parliament for Sautry onely not others made in time somewhat before this Statute the same Parliament makes no recitall at all of this Statute as it ought to do if grounded on it therfore not ordained by it What alterations then did this Statute make of the Law in former times used in this case only these First it gave power to Ordinaries and Diocesans to cause to be arrested and kept in safe custody such who were suspected or defamed of Heresy or keeping hereticall Bookes and writings till they did canonically purge themselves or abjure their heresies 2. It gave them power to fine such persons to the King 3. If any person convicted before them of heresie refused to abjure his Heresy or relapsed againe into it after abjuration it gave them Authority to turne him over to the secâ—lar Court and after sentence of Heresie passed against him in the presence of the Sheriffe of the Shiere or Mayor or Sheriffes and Bayly of the Corporation where such Heretick was proceeded against whom this Act enacted the Diocesan or his Commissary to summon to be personally present at the sentencing of Hereticks it enjoyned these secular Officers to give assistance to the Diocesan of the same place and his Commissaries in this case and without any further Inditement triall or judgement at common Law formerly used in cases of heresie when capitally proceeded against after such sentence pronounced without any writ de Haeretico Comburendo to receive the same person so sentenced into their custody and to cause him to be burnt in an high place before the people that such punishment might strike feare into the minds of others to deterre them from such wicked Doctrines and hereticall erroneous opinions and the said Sheriffs Majors and Bayliffs of Counties Citties Burroughs and Townes were to be attending ayding and assisting to the Diocesans and Commissaries in such cases which they were not bound to be before as appeares by the expresse words of the Act. 4ly It gave every Bishop and his Commissary power to question and condemne Hereticks in their Consistories and then to deliver them over to the secular powers to be burned which none but a Synod or Convocation for ought appeares by any Presidents could do before So as the maine alteration wrought by this Act was That these temporall Officers were to be â—…ending ayding and assisting to the Ordinaries and their Commissaries and present at their sentence given against Hereticks and after sentence passed by them alone without any indictment Iudgement verdict at Common Law or Writ of the Kings to burne them to Ashes by which the lives of all were made subject to the Convocations yea to every Ordinaries and Commissaries power alone and that without and before any lawfull triall by their Peers or any legall indictment or conviction â—ccording to the Law of the Land contrary to Magna Charta ch 29. 5. Ed. 3. â— 9. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 15. E. 3. Stat. 1. c. 3. 4. 37. E. 3. c. 18. 42. E. 3. c. 3. This was the great grievance introduced by this Act and the cause of its repeale and of all other Statutes of this kinde by 1. Eliz. c. 1. So as this Statute of Hen. the fourth was no â—â—tâ—oduction of a new Law but only a confirmation of the Common Law as to the punishment it selfe of burning Hereticks as is evident by the premiâ—e though introductive of a new Law in the manner of proceeding and other precedeâ—t reâ—pect And in this sence Mr. Fox his words are tâ—â—e That hithe to â— till the making of 5. R. 2. 2 H. 4. The Popish Clergie had not authority sufficient by any Politick Law or Statute of this Land to proceed unto death against any person whatsoever in case of Religion but only by the usurped tyranny and example of the Court of Rome But yet the King and his Iudges had power to proceed against imprison and burne Hereticks to death by the Common Law though the Ordinary had not as I have proved This law gave the Ordinaries and Clergy a new power in this respect to condeme and burn such as they held Herticks which they had not before Hence the Pope sent his Letters to King Richard the second to suppresse Wiccliffe and his followers and bring them to condigne punishment and to be assistant to the Bishops herein qui in prosecutione istius negotij noscuntur favore AVXILIO TVAE CELSITVDINIS INDIGERE Whereupon the King writ Letters to the Vniversity and Chauncellor of Oxford to apprehend imprison and convict them
my Prophets no harme c. We must either conclude that the Prophets and anoynted ones he here pleads for not to bee touched are none else but Hereticks c. who must neither be imprisned nor killed nor banished nor touched nor harmed by Magistrates Parliaments Kings Kingdomes Cities Counties or Committees who now meddle with none but such or else that he assignes the selfe same priviledges even to Here ticks as to Gods faithfull anoynted ones Prophets Sts. since Kings Kingdomes Parliaments Citties Counties Committees Magistrates must no more touch harme imprison kill banish the grossest Hereticks by Mr. Dells expresse Doctrin then these And then where is that grand priviledge which these anointed Saints and Prophets enjoy above the veriest Heretick Schismatick Atheist Apostate Blasphemer in the world Is not this my Brethren strange New-light from such a Comet as he is But to let this passe and come to a punctuall answer As this text of the Psalmist Touch not mine anoynted and do my Prophets no harme will prove no Sanctuary at all for Heretiks Schismatick or Blasphemers who are neither Gods anoynted nor his Prophets against the power of Kings and Christian Magistrates so will not the objected texts of Mathew and Titus For the first of these is spoken only of private crimes and trespasses betweene Brother and Brother not of publike scandalous Heresies Schismes Blasphemies and by the Church there intended as many think is not meant the Ministers of the Gospell but the Iewish Sanhedrin or civill Magistracy or if the Ministers or Church-Elders then it is confined only to their Church-censures not meant of the Magistrates punishments as others assert But let it bee one or other the Argument thence is but this Nonsequitur He that refuseth to give his brother against whom he hath privatly and personally trespassed Satisfaction upon the admonition of the Magistrate Church or Minister is to be esteemed as a Heathen by him to whom he did the injury and the church may duly excommunicate him for his obstinacy Ergo Christian Kings and Magistrates by Christs owne appointment can inflict no corporall punishment fine imprisonment banishment or death upon open obstinate Hereticks Blasphemers Schismaticks or Seducers who disturbe the peace both of Church and State and seduce the soules of many Whether this be a solid Argument let all wise men judge For that of Titus 3. Paul teacheth us after once or twice admonition to avoid an Heretick not to imprison kill or banish him Ergo Hereticks must only be avoyded not imprisoned killed or banished by the christian Magistrate it is a most childish Argument and inconsequent For first Paul writs this to Titus a Minister as a Minister noâ— a Magistrate to avoyd or reject an Heretickeafter the first and second admonition and to treat with him no longer who then as a Minister could by no Law of God or man imprison kil or banish Hereticks nor can our Ministers or Classes do it now nor claime they such a power Wherefore the Argument thence must be Ministers of the Gospell as such have power only to avoyd and reject Hereticks after the first second admonition not to imprison kill or banish them Erge Christian Kings and Magistrates have only authority to avoid reject but cannot imprison kill or banish them If this be good Logick or Divinity then by the selfeâ—ame reason they must neither imprison kill nor banish Murderers Traytors Sodomites Theeves Fellons nor our Army imprison kill plunder any Papists or Cavaliers because Ministers as such cannot do it but only admonish avoyd them Besides if this be granted then it wholly takes away the Magistrates Sword Office Power and makes him no more no other then a Minister first to admonish and then to avoyd and reject Hereticks and other Malefactors not to punish them And how will this agree with his owne contradictory assertion p. 40. The Magistrates power hath under it the whole outward man if an Hereticke or Schismatick by his professed practicall Heresie or Schisme which are outward offences and works of the flesh may exempt himselfe from the Magistrates power aly the scope of the Text is not that Hereticks should only be avoyded by Ministers even as such as Mr. Dell presseth it for certainly Paul himselfe proceeded further against Hyminaeus and Philetus even to deliver them over unto Satan 1 Tim. 1. 19. 20. 2 Tim. 2. 17. 18. which is more then barely to avoyd them as all accord And Peter informes us 2 Pet. 2. 1. That false Teachers who bring in privily damnable Heresies shall bring upon themselves swift destruction even by the hand of humane and divine Justice too Deut. 17. 16. But his scope is that some Hereticks are so obstinate so dangerous that after the first and second admonition he should deale with them no longer but presently avoid them as the very next words imply Knowing that he that is such is subverted and sinneth being condemned of himselfe compared with the 2 Tim. 2. 16. 17. 18. This being the genuine scope of the Text let us turne it into a formall Argument and then it will be no more but this Ministers must not so much as treat with obstinate Heretickes after a first and second admonition but forthwith A void and treat with them no more Ergo Magistrates must neither imprison nor Banish nor put them to death after such admonitions but only punish them by avoyding them neither may the Church so much as excommunicate but only avoyd them Excellent New-light new Logick in good earnest an Ignis Fatuus might yield as good Thirdly the same Apostle Paul in 2 Tim. 3. 1 2 3 4 5. informes us That in the last dayes perilous times shall come for men shall be lovers of their owne selves c. blasphemers disobedient to parents unthankfull unholy without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasures more then lovers of God having a form of godlinesse but denying the power thereof and then concludes thus of these as he doth of an Heretick from such turn away or avoide such Will Mr. Dell infer hence as he doth from Titus that blasphemers obstinate and disobedient children to their parents punishable with death by an expresse law Exod. 21. 17. Deut. 21. 18. 19 20 21. Truce-breakers Traytors are only to be avoided and turned from but not whiped imprisoned banished fined nor put to death by the Magistrate because Paul here writes to Timothy and others only to avoid or turn away from such but not to whip imprison kill fine or banish them Or will he argue from Prov. 1. 10. to 17. that murderers and theeves who lye in wait and make haste to shed blood are not to be imprisoned banished or put to death because Solomon adviseth men not to walk in the way with them and refrain their feet from their path but commands theÌ„ not to be put to death If yea
Christ for that they being his Disciples not Magistrares would themselves have commanded fire to come downe from heaven in a miraculous way to destroy the Samaritans onely for not receiving his person as he was travelling to Ierusalem because he was going up thither and for none other cause and that out of private malice and reveng Ergo Christian Kings Magistrates and the Powers of the world have no place at all in the Churchesreformation vnder the Gospell and may not parish any Hâ—riâ—ick Schismatick Blasphemer or Malefactor with death or corporall punishments and to do it is to change Christ from a Saviour to a Destroyer and is Antichrist Triumphant Was ever such a crasy Argument propounded by any man in his right sences before such a presence the conclusion having not the least Coherence with the Premises on which it is grounded When Ma. Dell can prooue that these very Disciples then had as much power to punish Malifactors as Majestrates that there was the same ground for them to use miraculous corporall punishments as for Majestrates to inflict ordinary ones upon offenders and the same reason for these Disciples to punish the least neglect of Christs person as a Traveller only with fire from heaven and extraordinary death for which there was no written Law of God at all as there were and are for Majestrates to punish Herisie Idolatry Blasphemy obstinate Schisme and other offences with ordinary corporall and capitall punishments for which there are written precepts then I shall give further answer to this obiection till then I shall forbeare and proceede to answere that which is most considerable in this text to wit Christs speech to these furious Disciples Whence the Argument stands thus The Sonne of man is not come to destroy mens lives but to save them Lu. 9. 56. Ergo Christian Kings Majestrats under the Gospell must not destroy the lives of Haeretickes Blasphemers nor yet of Traytors Murderers or any Malefactors whatsoever as wel as of Heretickes Blasphemers c. as the Anabaptists usually presse it nor yet punish Hereticks or Blasphemers with any outward or corporall censures and if they do this is to make Christ no Saviour but a Destroyer and is Antichrist Triumphant Surely Mr. Dell is an excellent Chymist who can extract quodlibet ex quolibet and draw any conclusion out of whatsoever premises even by head and shoulders as here For first will it follow that because Christ himselfe in his owne person as a Saviour came not to destroy mens naturall lives but to save them Ergo the civill Christian Magistrate who is Gods owne avenger and is oft expresly commanded by Gods word to put Idolaters Blasphemers Murderers and other Malefactors to death is to punish no Malefactors at all with death now under the Gospell If Mr. Dell should preach such Doctrine in our Armies might not all our Souldiers of his New-way by like or better Logick conclude thus from this Text Christ came not to destroy mens lives but to save them Ergo we who are christian Souldiers who must imitate our Capt. Jesus Christ must now lay down our Armes repent of all the blood we have shed of all the Cavaliers lives wee have already destroyed and hence forth kill no more publike Enemies destroy no more Irish Rebells in the field neither by way of Defence nor Offence because Kings Magistrates themselves who have more authority then we Souldiers cannot inflict any corporall or capitall punishment of death on any Malefactors by Mr. Dells Argumentation hence though legally convicted of capitall Crimes especially if they fight for defence of their Religion as the Papists and Irish Rebells pretend they doe and Cavaliers too heretofore If Mr. Dell dare propose or presse no such Argument from this Text unto our Souldiers in the Campe I wonder he durst so boldly inforce the like with so much earnestnes upon our Parliament and Magistrates in the Church and present it to them in the Parliament house in print 2dly Will it follow hence that because Christ used this Speech as a Prophet a Saviour only not a Magistrate Ergo he came not to punish or destroy mens lives at all as a King when there is just cause for him to do it How then will Mâ— Dell reconcile or answer this expresse text to the contrary in the same Evangelist Luke 19. 17. But those mine Enemies that would not that I should raigne over them bring them hither AND SLAY THEM BEFORE ME together with Psal 89 23. Psal 110 5. 6. Rev. 17. 16. 17. c. 19. 17. 18. Math. 21. 41. to omit other quotations Or how can he justifie Peters extraordinary miraculous killing and destroying the Lives of Ananias and Saphyra under the Gospell only for lying to the Holy Ghost Acts 5. 1. to 12 If then Christ himselfe as a King will slay and destroy his Enemies lives when they give him just occasion though he came to destroy no mans life as a Saviour may not Christian Kings and Magistrates by like reason kill and destroy the lives of capitall Heretickes and Malefactors in a legall manner though Christ as a Minister or Saviour came not to destroy their lives but save them If so then this grand argument is a meere inconsequent from this Text. Hence the Rhemists in their Annotations on the New-Testament have this Note on this very text Notjustice nor al rigorous punishment of sinners is here forbidden nor Elias fact reprehended nor the Church nor Christian Princes blamed FOR PVTTING HERETICKS TO DEATH but that none of these should be done for desire of particular revenge or without discretion or regard of their amendment or example to others Therefore Saint Peter used his power upon Ananias and Saphyra when he struck them even to death for defrauding the Church which Doctor Fulke and Mr. Cartwright both approve and reply not thereto 3ly If the objected words of our Saviour bee rightly qualified in his owne sence farre different from that Mr. Dell would thrust upon them the absurdity of the Argument will more visibly appeare To cleare therefore their true meaning I shall compare them with a like speech of his Iohn 12. 47. For I came not to judge the world but to save the world and Math. 18. 11. Luke 9. 10. For the Son of man is come to seek and to save that which was lost From whence it is evident First that these words of Christ were principally meant of destroying and saving mens lives in a spirituall not Naturall sence and that for all eternity For to make the end of Christs comming only to save mens lives from temporall destruction and preserve men from temporall death by the hand of humane Justice especially when they offend as Mr. Dell interprets it is infinitely to derogate from the prime end of his comming the rather because Christ saved only a few diseased persons lives not any Malefactors no not the penitent Theefes crucified with him from temporall death but saved all his
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 Wherein this their Jurisdiction is cleared by Proofs and Arguments from the Old and New Testament by the Laws and Practise of Godly Christian Emperors Kings States and Magistrates The Common and Statute Laws of England the consent of the best Ancient and Modern Authors of all sorts and the most materiall Objections to the contrary made by Donatists Anabaptists c. fully Answered and Refuted By WILLIAM PRINNE of Lincolns Inne Esquire Augustin Epist 48. Vincentio Gratian Causa 23. qu. 4. Melius est cum severitate diligere quam cum lenitate decipere Si quisquam Inimicum poriculosis febribus phreneticum factum currere videret in praeceps nonne tunc potius malum pro malo redderet si sic eum ire permitteret quam si corripiendum ligandumque cur aret Et tamen tunc ei molestissimus avertissimus videretur quando utilissimus et misericordissimus extit isset Sed planè salute reparata tanto ei uberius gracias ageret quando minus sibi pepercisse sensisset Donatistae nimium sunt inquieti quos per ordinatas a Deo potestates singulares cohiberi atque corrigi mihi non videtur inutile nam de multorum jam correctione gaudemus Zech. 13. 3. Thou shalt not live for thou speakest Lyes in the name of the Lord and his Father and Mother shall thrust him through when he prophesieth Levit. 24. 16. He that blasphemeth the Name of the Lord shall surely be put to death and all the Congregation shall certainly stone him as well the stranger as he that is born in the Land when he blasphemeth the Name of the Lord shall be put to death Dan. 3. 29. Therefore I make a Decree that every People Nation and Language that speak any thing amisse against the God of Shadrach Meshach and Abednego shall be cut in peeces and their Houses shall be made a dung-hill Rev. 17. 16. The ten hornes which thou sawest upon the beast are ten Kings these shall hate the Whore and shall make her desolate and naked and shall eate her flesh and burn her with fire LONDON Printed by R. I. for John Bellamy and are to be sold at his shop at the Three Golden Lyons in Cornhill near the Royall Exchange 1653. The Sword of Christian Magistracy Supported OR A FULL VINDICATION OF Christian Kings and Magistrates Authority Under the GOSPELL To punish Jdolatry Apostacy Heresie Blasphemy and obstinate Schism with Corporall and in some Cases with Capital punishments from many late Cavils and exceptions against the same THE authority of Christian Magistrates under the Gospel having of late years been most audaciously oppugned both in Press and Pulpit in sundry particulars especially in points of Church-Government Church Reformation and this principal branch thereof the restraint and punishment of obstinate seducing Idolaters Hereticks false Teachers Schismaticks and Blasphemers by civil sanctions and corporal punishments I thought it not only seasonable but in some sort necessary to debate this question in a plain and plenary manner Whether Christian Kings States and Magistrates under the Gospel may and ought by the Word of God to restrain by Civil Sanctions all Idolatries Heresies Errours Schisms Blasphemies and to Mulct with corporall pecuniary and in some cases with banishment and capital punishments such obstinate seducing Idolaters Apostaces Hereticks false Teachers Schismaticks and Blasphemers who disturbe the Peace of Church State and draw down judgements upon both when Admonitions Exhortations and disputes will not reclaim them I shal maintain the Affirmative that they may nay ought to do it To avoyd mistakes and state the question aright I shal first of all lay down these conclusions as indubitable 1. That there are such sins as Idolatry Apostacy Heresie damnable Errors obstinate Schisms and Blasphemies in Christian Kingdomes States Churches and persons guilty of them 2. That those who are guilty of them are or may be certainly known discovered to and by Christian Princes and Magistrates 3. That these sins draw down Gods Judgments not only on the persons who are guilty of them but likewise on the Christian Rulers States and places which permit tolerate or not severely punish and suppresse them 4. That it is the duty of Christian Princes States Magistrates to use all possible diligence and lawful means to keep their Kingdomes States People from being infected with all or any of these dangerous wrath-provoking sins yea a grand sin and neglect in them not to do it Secondly I shal propound and agree what is not in controversie as 1. That the preaching of the Word Christian Exhortations Reprehentions Conferences and Disputes are the most proper and effectual means to convert reform Idolaters Apostates Hereticks False Teachers Schismaticks and Blasphemers 2. That such as these are first of all to be gently admonished instructed confuted and if possible reformed by the Word or other spiritual and gentle means before the civil Magistate proceed to corporal or capital punishments 3. That the present question is only of Idolaters Apostates Hereticks False Teachers obstinate Schismaticks and Blasphemers not meer tender consciencis in matters of Church Discipline and the like neither yet are all these always to be proceeded against with the self-same rigour and severity but as their obstinacy Idolatries Apostacies Heresies Errors Schisms Blasphemies are more or lesse heinous and pernitious so the proceedings against them ought to be more milde or severe These things premised I shal now proceed to some Arguments to make good my Assertion The first shal be this That which godly Kings and Magistrates in the Old Testament under the Law were enjoyned to do by Gods own express command and did accordingly execute with Gods special approbation Christian Kings and Magistrates under the Gospel may and ought to do and execute by virtue of the self-same commands But godly Kings and Magistrates in the Old Testament under the Law were injoyned by Gods own express command to restrain all Idolatry Apostacy Heresie Errors Schisms Blasphemies yea to punish with corporal and in some cases with capital Punishments such obstinate seducing Idolaters Apostates Hereticks False Teachers Schismaticks and Blasphemers who disturbed the Peace of Church State and drew down Gods Judgments upon either and did accordingly execute the same command with Gods special approbation when admonitions exhortations and Disputes would not reclaim them Therefore Christian Magistrates under the Gospel may and ought to do the like The Major Proposition I shal make good by these undenyable reasons First because God hath ordained and continued Kings and Magistrates under the New Testament as wel as under the Old and enjoyned obedience to them ROM 13. 1. to 6. 1 TIM 2. 1 2 3. TIT. 3. 1. 1 PET. 2. 13 14. c. 4. 15. which none but professed
Anabaptists do deny Secondly because Christian Kings and Magistrates under the Gospel have the self-same authority as godly Kings and Magistrates had under the Law even as Parents Masters Husbands naturall Magistrates have the self-same authority over their Children Servants Wives under the Gospel as they had under the Law ROM 13. 1. to 6. TIT. 3. 1. 1 PET. 2. 13 14 15. c. 4. 15. compared with EPH. 6. 1. to 8. c. 5. 21 22. COL 3. 18. to 25. 1 TIM 6. 1 2. 1 PET. 3. 11. 12. 13. c. 2. 18. there being no one text in the New Testament which restrains either Kings or Magistrates power given them by God in the Old Thirdly because the ends and uses for which Magistrates were instituted are the same under the New Testament and Old ROM 13. 1. to 6. 1 TIM 2. 1 2 3. 1 PET. 2. 13. 14. c. 4. 15. ISA 1. 49. 23. therefore their power and rule the same Fourthly because the precepts given to Magistrates under the Law for punishing Idolaters Apostates False Prophets Hereticks and Blasphemers are not Ceremonial or Judicial but moral and perpetual and so of equal obligation under the Law and Gospel as wel as the Decalogue and Moral Law of God Fifthly because godly Kings and Christian Magistrates ought to be as zealous for God and his truth if not more zealous under the Gospel as they were under the Law REV. 3. 19. c. 2. 14 15 16. 20. 23. compared with NUM â— 15. 11 13. 2 KING 10. 16. c. The Minor I shal ratifie by this particular Induction First for Idolatry Idolaters Apostates False Prophets and Seducers of men from the true God and Religion to Idols and Idolatry we have these expresse precepts warranting if not commanding the civil Magistrate to inflict corporal and capital punishments on them â— Levit. 20. 2. to 6. Whosoever of the children of Israel or of the strangers that sojourn in Israel that giveth any of his seed to Molech that is sacrificeth any of his children or maketh them passe through the fire to that Idol LEVIT 18. 21. 2 KING 21. 10. He shal SVRELY BE PVT TO DEATH the people of the Land shal stone him with stones and I wil set my face against that man and wil cut him off from among his people because he hath given of his seed to Molech to defile my sanctuary and to prophane my holy Name And if the people of the Land do any way hide their eyes when he giveth his seed unto Molech and kil him not then I wil set my face against that man and against his family and wil cut him off and all that go a whoring after him to commit whâ—rdâ—me with Molech from among their people From which text we may observe these particulars First that not only such stranger Idolaters who constantly worshipped Idols and never adored the true God were to be put to death by the Israelites but even such of the Israelites themselves and of the sojourners among them who turned Idolaters and sacrificed unto Molech to whom they offered their children were to be surely put to death and stoned with stones by the people without m r y being first convicted and condemned by the Magistrate Secondly that the Magistrates and peoples hiding of their eyes and sparing such as these contrary to this precept was a grievous sin Thirdly that where the Magistrates and people winked at such an Idolater and hid their eyes from him God himself in their default would set his face against him and cut him off from among his people and not only so but would set his face against his family and cut off all them that went a whoring after him from among his people whereas if the Magistrate had punished him his family had not been thus cut of by God Fourthly that it is not sufficient to leave Idolaters Hereticks and Blasphemers to Gods own vengeance and execution who wil certainly cut them and their families off if they repent not but themselves must likewise cut them off as God commands before God proceeds to do it they being his Ministers and Executioners appointed for this end who must not put off the Execution of such to God the supream Judge no more then the Hangâ—â— man amongst us may transfer the Execution of a Felon or Traytor to the Judge who condemns them which answers and refutes one main objection of our opposites that we must leave Idolaters Hereticks and False Teachers unto Gods Judgement and Execution if we cannot convert them by the Word and let such tares to grow til the harvest amongst the Corn. Secondly Deut. 13. 1. If there arise among you a Prophet or a Dreamer of dreams and giveth thee a signor a wonder and the sign or the wonder come to pass whereof he spake unto thee saying let us go after other gods which thou hast not known and let us serve them Thou shalt not hearken unto the words of that Prophet or that Dreamer of dreams for the Lord your God proveth you to know whether you love the Lord your God with all your heart and with all your soul yee shal walk after the Lord your God and fear him and keep his Commandments and obey his voyce and you shal serve him and cleave unto him And that prophet or that dreamer of dreams shal be put to death because he hath spoken to turn you away from the Lord your God which brought you out of the Land of Egypt and redeemed you out of the house of bondage to thrust thee out of the way which the Lord thy God commanded thee to walk in so shalt thou put the evil away from the midst of thee If thy brother the son of thy mother or thy son or thy daughter or the wife of thy bosome or thy friend which is as thine own soul entice thee secretly saying let us go and serve other gods which thou hast not known thou nor thy fathers namely of the gods of the people which are round about you or nigh unto thee or far off from thee from one end of the earth even unto the other end of the earth Thou shalt not consent unto him nor hearken unto him neither shal thine eye pity him neither shalt thou spare neither shalt thou conceal him But thou shalt surely kil him thine hand shal be first upon him to put him to death and afterwards the hands of all the people And thou shalt stone him with stones that he dye because he hath sought to thrust thee away from the Lord thy God which brought thee out of the Land of Egypt out of the house of bondage And all Israel shal hear and fear and shal do no more any such wickednesse as this is among you If thou shalt hear say in one of thy Cities which the Lord thy God hath given thee to dwel there saying Certain men the children of Belial are gone out from among you and have withdrawn the Inhabitants
so much as the least pitty The PIOVS RIGOR OF THIS SEVERITY not only PURGED the Kingdome of England of that Plague which had already crept into it BVT ALSO PREVENTED THAT IT SHOULD NO MORE CREEP INTO IT BY THE TERROR STRUCK INTO THE HERETIKES So our Nubrigensis whose words I have faithfully englished The forraign Sectaries thus severely punished were no other then professed Anabaptists and schismatickes pronounced hereticks for their obstinacy Their punishment was harsh yet deemed just and necessary in those times and it had this good issue which may induce us now to a fitting and just severity against obstinate Hereticks Schismaticks Blasphemers Anabaptists it suppressed the spreading of their pestilent Errors for the present in England and preserved it safe from their infection for the future Timely and discreet Flebotomie is ever the best cure against this Gangraene of obstinate Schisme and Heresie Only this I shall observe by the way that these Anabaptists for ought I find never pretended that the King and civill Magistrates had no power to punish them for matters of Religion as our Anabaptists and Sectaries now plead and write The sinnes of Heresy and Apostacy were so odious in this our Realm that by the very ancient common Law of England they deserved were punishable with death yea the soarest death of all others BURNING as being no lesse then High Treason against the King of heaven and Gravius est aeternam quam temporalem laedere majestatem That these were thus punishable by the very common Law of England before the Statute of 5. R. 2. Stat. 2. c. 5. surreptitiously procured without the Commons assent and repealed the next Parliament or the Statutes of 2. H. 4. c. 15. and 2. H. 5. c. 7. is apparent unto me by the Authority of our ancient Law Bookes I read in Bracton l. 3. c. 9. f. 123 124. who writ in King Henry the 3. his reigne That if a Clergy man be convicted of Apostacy he shall be for it depriued and afterwards per manum laicalem COMBVRATVR he shall be burnt by the hands of Laymen as it hapned in the Councell of Oxford under Stephen Archbishop of Canterbury to a certain Deacon who became an APOSTATE for a certain Jew who when he bad been degraded by the Bishops statim fuit JGNI TRADITUS per manum Laiâ—â—lem he was presently delivered to the fire by Lay hands And c. 23. f. 144. b. The Jewes may circumcise their owne sonns but not a man of another religion for if they do it they shall be gelt by way of punishment I read that in the Councell held at Oxford An. 1222. in the 6. year of Henry the 3. under Stephen Archibishop of Canterbury an execrable Impostor was convented before him who suffered himselfe to be wounded in his hands feet and side that by the resemblance of these bloody impressions he might perswade the people he was their Saviour who being condemned by the Councell was immured between two walls as a Monster too impious and unworthy to dye by humane hands and another who pretended her selfe to be Mary the mother of Christ and a third who pretended her self to be Mary Magdalen were immured with him Matthew Paris Matthew Parker and others write that they were crucified And Mat. Paris relates that Grosthead Bishop of Lincolne lying on his deathbed An. 50. of Henry the 3. pronounced the Pope to be an Heretick and the Friars Nunnes and Preachers also to be Hereticks for not opposing but favoring him and concluded thereupon with R m. 1. verse last qui talia agunt consentiunt DIGNI SUNT MORTE Therefore in those daies Hereticks were deemed worthy to dye as well temporally as eternally which confirmes that in his time Hereticks deserved to be put to death John Britton Bishop of Hereford Doctor both of the civil and canon Law who writ a Book of the Lawes of England then in use about the 5. year of King Edward the first by the Kings command lib. 1. cap. 9. De Arsouns or persons that were to be burned by judgement of Law informs us That such who burned houses in times of peace and were therof convicted shall be burned so as they shall be punished by the selfesame thing wherein they offend And THE SAME JUDGEMENT have Sorcerers and Sorceresses and Sodomites and MISCREANTS or HERETICKS openly attainted who are to be enquired after And this was no new Law as appears by the preamble of the King to this Booke but les leys que len ad use en nostre Royalme AVANT SES HOVRES Therefore it is cleare by this Authority that the burning of Hereticks was in use before this Kings reigne though we find few or no presidents of it and inquirable by the Justices and other temporall Officers of the King as Britton writes in this chapter but not by the Bishops and Clergy further then to Excommunicate them Andrew Horne in his Myrrour of Justices written in the end of King Edward the first or at least in King Edward the second his reigne hath these severall passages concerning Heresy and its punishment as Chap. 1. Sect. 4. p. 21 22 23. where speaking of Crimes and their Division of the Crime of Treason he writes thus Crime of Majesty or Treason is an horrible sinne done to the King and this is either to the KING CAELESTIAL or Terrestriall Against the King of heaven in three manners by HERESY Sorcery Sodomy HERESY is an evill and false beliefe arising from Error in the right Christian faith In this sinne is Sorcery and Divination which are members of heresy and arise from an evill beliefe After which he enumerates the severall sorts of Sorceries and Divinations contrary to the Law of God and the Church and to the right faith for which they are to be apprehended and removed from among the people of God that so no good Christian may be taken with their act nor partner with their sinne Chap. 2. Sect. 22. p. 141 142. he writes thus Of the Crime of Treason or Majesty there is no especiall or large Enditement but OF HERESY and Sorcery Of which if any be indited and drawn into judgment this is the Inditement pronounceable for the King by any of his people in this manner according as it is found IN THE ROLLES OF ANCIENT KINGS I say Sebourge here is defamed by good people of the THE CRIME OF HERESY for this that from an ill art and beliefe forbidden and by charmes and enchantment he took from Brightient by name on such a day c. the flower of his beare by which he lost the vent c. Or thus Molling who is here is defamed by good men that on such a day c. he renounced his baptisme and caused himselfe to be circumcised and became a Jew or Saracen or offered or sacrificed unto Mahomet in despite of God and in damnation of his soule and this sinne he did FELONIOVSLY
c. And if he will deny it I am ready to prove it for the King as belongs to the King to do Chap. 4. Sect 11. p. 42. he defines that deadly sinnes are to be punished with death and mortall paine and that such punishments are warranted by the old Testament and to be inflicted to prevent eternall death After which Sect. 14. p. 252. Of the punishment of Treason he determines thus That Sodomy is to be punished with burying the party alive under ground Sorcery by burning in the fire The JVDGEMENT OF HERESY is fourfold The 1. is Excommunication the 2. Degradation the 3. Disinherison the 4. dee' ARSE en Cinders TO BE BVRNED TO ASHES By this punctuall Authority of Horne it is most cleare to me First that Hereticks and Apostates as well as Sodomites and Sorcerers even as they were Hereticks were inditable and triable at the Kings suite in the King Courts by the very common Law of England without any precedent conviction of Heresie by the Ordinary of the Diocesse or by a Nationall or Provinciall Synod and that the Judges of the common Law when any Heretick or Apostate was to be proceeded against criminally and capitally for his life were to judge what was Heresie and what not not the Bishops or Synod only as well as in the case of a r Prohibition or Habeas Corpus 2. That such Inditements were usuall and a set forme of them used and pursued in Edward the first his raigne and were then to be found in the Rolls of ancient Kings long before him therefore were then of long of ancient use and warranted by the ancient common Law of England before his raigne 3. That the Bishops and Clergy could punish heresie onely with Excommunication and Degradation not with death ◠4. That by the ancient Common Law of England in Edward the first his reign and in the reigne of ancient Kings before him Heresy as heresy and Sorcery only as Heresie and a branch thereof and under the name of heresy was inditable in the Kings Court at the Kings suite and punished with burning to death and so the writ De Haeretico Comburendo if necessary when grounded upon the Judges sentence warranted by the common Law and the judgement of burning given by it long before any Statute made against Heresy in the reigne of Richard the second or Henry the fourth 5. That Hereticks and Apostates who are such indeed may at this day be indicted for their heresy and Apostacy in the Kings Bench or at the Assises by the very common Law of England and upon sufficient proofes be there convicted condemned and adjudged to be burnt this power of the Judges at common Law to try and condemne Hereticks being not now restrained by any Statute nor taken away by the Statute of 1. Eliz. cap. 1. which repeales all former Statutes against Hereticks or Heresy which only concerned Bishops Ordinaries and their proccedings in case of Heresie grounded on them not the King or his Judges The next Authority I shall cite is that of Fleta written by a learned Lawyer imprisoned in the Fleet as Sir Edward Cooke informes us in Edward the third his raigne and taken for the most part out of Bracton lib. 1. cap. 3. Christiani Apostatae Sortilegii hujusmodi DEBENT COMBVRI Contrahentes verò cum Judaeis vel Judaeabus pecorantes Sodomitae in terra vivi confodiantur per testimonium legale vel publicè convicti A cleare Authority that Apostates which comprehends all such as fall into Heresy Judaisme or Paganisme after they have embraced the true Christian orthodox faith South-sayers and such like which comprehends Hereticks likewise OVGHT TO BE BURNT even by the common Law then in use and that Christian who turned Jewes and Sodomites were to be buried alive After this Wickliffe and his followers called Lollards infesting the Pope and Prelates with their Doctrines and invectives against their Antichristian Tenets and impostures they being greatly favored by some Nobles and eminent Knights about the end of the reigne of King Edward the 3. and beginning of Richard the second the Prelates bearing then great sway in the Kingdome not daring to trust the Judges with the Triall of these New Hereticks as they stiled them taking hold of the President in the Councell at Oxford in King Henry the seconds raigne forecited and of the practise of the Pope and Popish Prelates in forraign parts took upon them in their Synods Convocations and likewise in private Consistories to condemne these Lollards for hereticks and upon their sentence there passed without any Inditement or triall at the common Law procured a writ which they might easily do being then Lord Chancellors and Lord Privie Seales for the most part De Haeretico comburendo to be directed in the Kings name to the Sheriffes of Counties and Mayors of Towns to burn such for Hereticks whom they alone had thus condemned before there was any Statute chiefly upon this ground that hereticks by the judgment of the common Law upon Inditements and Convictions in the Kings Courts were to be burned This is evident not onely by the Bishops proceedings in their Consistories against John Wickliffe John Aston Philip Repington Nicholas Harford William Swinderby and Walter Brute but also by that forme of writ de Haeretico Comburendo mentioned in Fitzherberts Natura Brevium f. 269. c. which was made in Parliament by the King and Lords for the burning of William Sautre a godly Martyr condemned of heresie in the Convocation at the earnest sollicitation of Thomas Arundel Archbishop of Canterbury in the 2. year of King Henry the fourth and burned by vertue of this writ the first Martyr we read of burnt by vertue of such a writ granted meerly upon a sentence given by the Prelates themselves without an Inditement and Judgment at Common Law This writ for his burning made without the Commons is thus translated into English by Mr. Fox The King c. to the Mayor and Sheriffs of Loadon greeting y Whereas the reverend Father Thomas Archbishop of Canterbury Primate of England and Legate of the Apostolike Sea by the assent consent and counsell of other Bishops his Brothers Suffragans and also of all the whole Clergy within his Province gathered together in his provinciall Councell the DUE ORDER OF LAW BEING OBSERVED in all points in this behalfe hath denounced and declared by his definitive sentence William Sautre sometimes Chaplaine fallen again into damnable heresie the said William had abjured thereupon to be A MOST MANIFEST HERETICK and therefore hath decreed that he should be degraded and hath for the same cause degraded him from all prerogative and priviledge of the Clergy decreeing to leave him unto the secular power and hath really so left him ACCORDING TO THE LAWES AND CANONICALL SANCTIONS SET FORTH IN THIS BEHALFE We therefore BEING ZEALOVS IN RELIGION and REVEREND LOVERS OF THE CATHOLIKE FAITH and of Justice
Lollards and such as they then deemed Hereticks but death it selfe in case they abjured not their Heresie upon a Conviction and sentence of Heresie before the Ordinary or his Commissary to whom all Sheriff Majors and other Civill Officers were enjoyned to be assistant and present at their Sentences of condemnation if required and upon their Sentence alone without any Writ de Haeretico comburendo or Order from the King they were to burne the persons condemned and not abjuring in a publique place to terrifie others as you may read in the printed Act it selfe which differs something from the record 7. H. 4. Rot. Parl. nu 62. there was a like Petition exhibited by the Prelates for a new and severer Law against the Lollards and that all might apprehend and enquire of such and no Sanctuary might be granted to them wherein the name of the Commons was used by meanes of Sir Iohn Ticketoft and others but this iâ— seemes miscaried and was never printed or published by the Prelates as the former was The next law against Heretiks is 2. H. 5. c. 7. which ratified the former Acts prescribed an Oath to Sheriffes and other Officers to assist and attend the Ordinaries in prosecution of Hereticks Lollards Added a confiscation of the lands Goods and Estates of such as were convicted of Heresie and delivered over to the secular power whether they were executed or burnt or not and of all hereditaments of Lands in others for their use and ordered Iudges of Assise and Iustices of Peace in their Sessions to enquire after Hereticks their fautors maintainers Bookes Writings Sermons Conventicles and to apprehend them to transmit their inquiries to the Ordinaries or their Commissaries to informe them but not to be used as evidence the Ordinaries being left to proceed according to the lawes of Holy Church This Act restrained the Iudges and Iustices power to punish Heretickes unpon Indictment by the Common Law and made Heresie no civill but an ecclesiasticall offence only for the present as some of our Law-Bookes stile it After this the Statute of 25. H. 8. c. 14. repeales the Statute of 2. H. 4. for these foure reasons mentioned in the Preface of it First because that Act doth not in any part thereof declare any certaine cases of Heresie contrary to the determination of Holy Scripture or the Canonicall Sanctions therein expressed whereby the Kings loving and obedient Subjects might be learned to eschew the dangers and paines in the said Act specified or to abhorre and detest that foule and detestable crime of Heresie 2ly Because these words Canonicall Sanctions and such other like contained in the said Act are so generall that the most expert and best learned man of this Realme diligently lying in wait upon himselfe cannot eâ—chew and avoid the penalty and dangers of the said Act and Canonicall Sanctions if hee should be examined upon such captious interrogatories as is and hath beene accustomed to be ministred by the Ordinaries of this Realme in cases where they will suspect any person or persons of Heresie 3ly For as much as it standeth not with the right order of Iustice or good equity that any person should be convict and put to the losse of his life good name or goods unlesse it were by due accusation and witnesses or by presentment verdict confession or Outlawarie since by the Lawes of the Realme for Treason committed to the perill of the Kings most royall Majesti upon whose surety dependeth the wealth of this whole Realme no person may or can be put to death but by presentment verdict confession or processe of Outlary 4ly For that there be many Heresies and paines and punishments for Heresies declared and ordained in and by the said Canonicall Sanctions and by the Lawes and Ordinances made by the Popes and Bishops of Rome and by their Authoritie for holding doing preaching or speaking of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but Humane being meere repugnant and contrarious to the Prerogative of the Kings imperiall Crowne regall jurisdiction Lawes Statutes and Ordinances of this Realme by reason whereof his people of the same observing maintaining defending and due executing of the said Lawes Statutes and Prerogative Royall by Authority of that Act of 2. H. 4. may be brought into slander of Heresie to their great infamy and danger and perill of their lives Neverthelesse for as much as the most foule and detestable crime of Heresie should not go unpunished but be utterly abhorred detested and eradicate nor that any Hereticks should be favoured but that they should have condigne and sufficient punishment for the repressing of Hereticks such erronious opinions in time comming It enacts That the Statutes of 5. R. 2. 2. H. 5. c. 7. for the punishment and reformation of Hereticks and Lollards and every provision therein not repugnant to this Act shall stand in full strength and that Sheriffes in their Townes and Stewards in their Leets Rapes and Wapentakes shall have power to inquire of Heretickes as of common Annoyances and to certifie their inquiries to the Ordinary in such manner as the Justices of Assise and of the Peace might doe by the Statute of 2. H. 5. c. 7. and that the Ordinaries after such presentment and indictment proved by the Oath of two lawfull witnesses at the least and not otherwise or by any other meanes might convict convent arrest and apprehend such persons presented or indicted of any Heresie And that he that happened to be lawfully convicted before the Ordinary in his open Court and in open place of the Heresie whereof hee was accused or presented shall abjure the same and if he refused and renounced the same then he should do such reasonable penance for his offence as shal be limited by the discretion of the Ordinaries And if he refused to abjure or after abjuration fall into relapse and were duely accused or presented and corvict thereof as aforesaid that then in such cases he shall be committed to Lay power TO BE BVRNED in open places for example of others as hath been accustomed the Kings Writ De Heretico comburendo first had and obtained for the same And it likewise provides that no manner of doing speaking or communication or holding against any Lawes made by the Bishops of Rome or by their Authority for the advancement of their owne worldly glory and ambition given them by humane Lawes or Policies and not by Holy Scripture contrariant and repugnant to the Lawes of this Realme and the Kings Prerogative Royall shall be deemed reputed accepted or taken to bee Heresie After this in 31. H. 8. c. 14. 34. H. 8. c. 1. 35. H. 8. c. 1. severall Lawes were made to punish certaine particular points of Doctrine commonly called the Six Articles with death and the losse of Goods as you may read at large in the Acts themselves the last whereof somewhat mitigates and explaines the former These Lawes proving very
it then why do not Master Dell Master Salâ—marsh and Master Peters reprove reforme their preaching Souldiers and Captains as Colonel John Hewson Lieutenant John Web and others who violently intrude into our Ministers Pulpits against their wils and in a most tumultuous manner interrupt them forcibly in their Sermons preach in their places and offer violence to their persons threatning not to sheath their Swords till they have rooted out all the Priests and left never a Black-coat in England teach them this good Doctrine May these thus tumultuously forcibly against the Ordinances of Parliament use open force and violence without any check or exemplary punishment by a Counsell of Warre and yet must not the Magistrate use the Sword of Justice to punish such seditious riotous Schismaticks and Hereticall Sectaries without dishonouring the Gospel of peace Yea why have Master Dell Master Peters and Master Salâ—marsh themselves in some places endeavoured forcibly to intrude into the Ministers Pulpits as Master Bodens at Bath and elswhere against their wils and convented them for denying to admit them till they had recanted their erronious Doctrines Let them then for shame renounce this Objection which their own practice reâ—utes as heterodox or else reforme these their violent practises or deny this power to our Magistrates which themselves and their Saints usurp as peculiar to themselves Fourthly If this be true Why have the godliest Christians and most zealous Ministers of God in all Ages Churches invoked the Lawes Power Sword of Christian Magistrates Kings Emperours against obstinate Hereticks Schismaticks Blasphemers as I have already proved Yea why did the Christians in the 〈◊〉 Church desire the Heathen Emperour Aurelianus to suppresse expel correct that grosse insolent lascivious Heretick Paulus Samosatenus which he accordingly did at their request and why doe the Confessions the Diâ—â—nes of all reformed Churches beyond the Seas incite the Christian Magistrates to such a restraint and punishment of Hereticks Schismaticks Blasphemers asserting iâ— to be not onely lawfull but their duty too or why do some Independents confesse as much in print Either therefore all these were utterly mistaken as I am sure they were not or Master Dels Objection is absurd without any shadow of solid reason the rather because this forcible conversion of Hereticks and Schismaticks takes not place but when and where the Gospel of peace is first preached tendred refused and admoniâ—â—â—ns with other milder means will not prevaile Fiftly if forcible Reformation and violence be contrary to the Gospel of peacâ—â—â—â—en surely Warres and Armes are much more and utterly unlawfull â—â— Master Dels Masters the Anabaptists hold why then is Master â—ell a Chaplaine to and in our Army and so many of his Saints men of Warre and Blood of Force and Violence They must either renounce their Military Employments now or Master Dels Divinity unlesse they love the gaine of the â—â—arres more then the truth of Master Dels Gospel of Peace Sixtly if the Gospel be a Gospel of peace then it is most just the Christian Magistrate should forcibly suppresse and punish Hereticks Schismaticks Blasphemers and Seducers who make Warre against the Truth and Peace of the Gospel with corporall and externall punishments to preserve the Peacâ— Unity and purity of the Gospel when other meanes will notâ—… we shall neither enjoy the peace nor purity of the Gospel nor so much â—â— outward peace Hence Paul commands us to pray for Kings andâ—… Authority that under them we may live quiet and PEACEABLE LIVES in all 〈◊〉 and honesty As therefore those who break the civill Peaâ—e â— theâ—â— King â—nd State may be justly indicted imprisoned and bound to the Peaâ—e with sufficient sureties and sometimes to the good behaviour for it by the Justices of Peace and Civill Magistrate to preserve peace for the future so doubtlesse may those Hereticks Schismaticks Seducers Blasphemers who disturb the peace of the Church and Gospel be thus indicted and punished by them to preserve the peace of the Church the puriy of the Gospel and our Kingdomes peace thereby The eleventh Objection is this The Faithfull the Subjects of Christ's Kingdome are a willing people Psal 110. 3. Thy people shall be willing in the day of thy power The very day of Christs power is not to force men against their wils but to make them willing and what needs outward power to force a people made willing by the Spirit c. And to back this reason he to shew his great reading quotes the sayings of Melancton in Psal 110. 3. of Polanus Tyndall Luther and Vlriâ—hus ab Hutten in his Margin to this effect That Religion is not to be forced with the Sword nor Nations or People to be compelled to the Faith of Christ but mens hearts are to be drawne to the true Faith of Christ through preaching the Word of Truth Adding a saying of Luther but not citing the place nor yet of any of his other Authors but Melancton onely having taken them upon hearsay from others Christus non voluit vi igne cogere homines ad fidem And Hereticos comburere est contra voluntatem spiritus His other sentences touching the Popes worldly pompous Kingdome are like his arguments nothing to purpose and he prefaceth his quotations thus So you may see the Truth though it hath BVT FEW FOLLOWERS yet it hath SOME To this I answer first That Hereticks Blasphemers false Teachers and obstinate Schismaticks are no true Subjects of Christs Kingdome nor yet of the number of those people who shall be willing in the day of his power and I hope Master Dell dares not averre nor stile them such since they are a most obstinate refractory seditious stiffe-necked and rebellious Generation opposite and contradictory to the Faith Truth of Christ as is cleer by the 1 Tim. 4. 1 2 3. 2 Tim. 3. 1 2 3 4 5. 2 Pet. 2. 2 c. Jude 5. to 20. Tit. 3. 11 12. Rom. 16. 17 18. Whence Bernard asserts of them mori magis eligunt quà m converti Therefore this Text and Argument cannot be applied to them and is but this in substance The Faithfull the proper Subjects of Christs Kingdome are a willing people and so need no forcing Ergo Obstinate Hereticks Schismaticks false Teachers Blasphemers who are neither Gods people noâ— a willing people ought not to he punished with corporall or capitall punishments by the civill Magistrate for their heresies schismes errors blasphemies and Hereticks ought not to be burnt He might as well argue boyes that are willing to goe to Schoole and learne their bookes need not the rod to force them to it Ergo boyes that loyter and are unwilling to goe to School or learne their books need not the rod and must not be whipped A meer loytering School-boyes argument which deserves no answer but the whip Secondly no Church nor Congregation in the World consisteth only or altogether of Saints
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