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
Mothers for man-slayers c. and ANY OTHER THING CONTRARY TO SOUND DOCTRINE Whereas against the fruits of the Spirit there is no Law Gal. 5. 22 23. that is to punish them or any Christians for them Whence I thus argue If Heresies Idolatry Schisms Blasphemies too as Christ resolves Mat. 15. 19 Mar. 2. 22. be works of the flesh not Spirit as wel as Witchcraft Murders deserving death as wel as they and the Law of God is made for the punishment of the disobedient ungodly unholy and prophane and whatsoever is contrary to sound doctrine as wel as for Murderers of Fathers and Mothers and Man-slayers then the Christian Magistrate under the Gospel when he sees just cause may and ought by the Law of God to punish men with corporal and capital punishments for Heresies Idolatry Blasphemies and dangerous Schismes being works of the flesh as well as for Murther Witchcraft and such as murther and destroy mens souls as wel as those who only murther their bodies since no reason can be rendred out of Scripture why they should punish some works of the flesh only and not others But the Supposition is true and ratified by the forecited texts Ergo the Sequel cannot be gainsaid but must be granted If any Object That the Subjects of Christs Kingdom are a spiritual people born of the Spirit and therefore without the reach of any outward force and beyond not only the power but cognizance of the Magistrate secular powers which are but a carnal and worldly Institution I answer First that the Heresies Errors Schisms Blasphemies of such as are pretended to be a spiritual people and Subjects of Christs Kingdom born of the Spirit are meerly carnal and works of the flesh not Spirit as Paul expresly resolves therefore admit the Magistrate and secular power to be but a carnal Ordinance they are yet within the reach and cognizance both of their power and censure as well as Treasons Murthers and other Felonies of such Saints and spiritual people Secondly The Argument is but a meer fallacy Flesh and blood and the Civil Magistrate hath nothing to do with them that are born of the Spirit in things of the Spirit Ergo It hath nothing to do with them in the fruits and works of their flesh which deserve both punishment and censure Thirdly This Objection casts a scandal reproach upon Magistrates and their Authority in calling them the power of the world flesh and blood a carâ—â—l Ordinance outward and secular power as if they were not Gods Ordinance as wel as Ministers of the Word for the good of men and punishment of all Malefactors as wel Saints as others as is resolved Row 13. 1. to 6. Fourthly It is a meer Popish Argument used by the Pope and Popish Clergy in former times to exempt themselves from all secular power abusing that text of 1 Cor. 2. 15. But he that is spiritual judgeth all thingâ— yet hee himself is judged of no man which I wonder Mr Dell forgot to quote as those who now object it may read at large in Antiqu. Ecclesiae Brit. p. 245. and sundry Popish Authors De Immunitate et Exemptione Clericorum So that these New-Lights who pretend themselves most opposite to Popery do but in truth revive it among us in an higher degree then ever by giving to all those they please to stile Saints spiritual people or the faithful the very same yea a greater exemption from the civil Magistrates power then ever the Papists gave unto their Clergy only and no others My eleventh Argument is this Private Christians are strictly and frequently enjoyned to beware of avoyde turn away from and not to receive or admit into their houses any Hereticks Apostates Schismaticks or false Teachers Matth. 7. 15. Rom. 16. 17 18. Phil. 3. 2. 2 Tim. 2. 16. 17. c. 3. 5 6. c. 4. 15. 2 Pet. c. 3. 17. 2 John 10. 11. Yea when and where there were no Christian Magistrates to restrain and punish them the Apostles themselves delivered them unto Satan 1 Tim. 1. 19 20. Wished that they were even cut off for troubling the Church Gal. 5. 12. Willed Ministers to stop their mouthes rebuke them sharply and after the first and second admonition to reject because they subverted whole houses and overthrew the faith of many Tit. 1. 11. 13. c. 3. 10 11. 2 Pet. 2. 1 2. 2 Tim. 2. 18. And the Churches of Pergamus Thyatira and the Angels of them when they had no Christian Magistrates are particularly blamed by God for suffering such who held the doctrine of Baalam and of the Nicholaitans which Christ hated and for SUFFERING that woman Jezebel who called her self a Prophetesse to teach and seduce his servants to commit fornication and to eat things sacrificed unto Idols Threatning to cast her and those that committed fornication with her into great tribulation unlesse they repented Yea saying I WIL KIL HER CHILDREN WITH DEATH and all the Churches shal know that I am he which searcheth the reins and heart and I wil give unto every of you according to your works Rom. 2. 14. to 24. Therefore when and where there are Christian Magistrates they may and must by like reason expel reject banish such out of their Dominions not admit them into their territories cut them off for troubling the Church stop their mouthes and not suffer them to teach and seduce their people yea kil them and their children where there is just cause with death since Christ himself threatens to do it not only immediately by himself but also mediately by the Magistrates who are his Ministers Avengers and must not bear the Sword in vain but punish such evil doers with it Rom. 13. 3 4. and to render to them according to their works The Argument holds undeniably because Christian Princes and Magistrates are the Nursing fathers of the Church to defend protect it against these Seducers and devouring wolves to preserve the peace the unity of it and the purity of Doctrine and worship in it as the Scripture warrants and Divines have ever asserted in all ages of the Church til some New-Lights and Sectaries of late opposed it in others to procure impunity to themselves to vent their Errors without controle My twelfth Argument shal be deduced from these following Gospel Texts Luke 19. 27. Where Christ after the Parable of the Talents concludes thus But those mine Enemies that would not that I should reign over them bring hither AND SLAY THEM BEFORE MY FACE Christ doth not slay them immediately himself but the Magistrates who are his Ministers servants revengers they are to bring and slay them before his face for their Treason and Rebellion against him Mat. 21. 33. to 44. Mark 12. 1. to 12. Luke 20. 9 to 19. Where the Lord of the Vineyard who let it out to husbandmen who stoned his servants and killed his Son when he cometh he wil miserably DESTROY those wicked men and let
enemies the Canaanites and other Idolatrous Nations Therefore this sentence under the New Testament Vengeance is mine c. no more exempts such Malefactors as the text speaks of from the capital punishments of the Magistrates and others under the Gospel then it did under the Law Secondly The Gospel informs us Rom. 13. 4. That every Christian Ruler and Magistrate is the Minister of God and his REVENGER to execute wrath upon him that doth evil And their Vengeance and Judgement is not their own but Gods on whose Tribunal they sit and whose Person they represent as is evident by Deut. 1. 17. Ye shal not respect persons in Judgement for THE JUDGEMENT IS GODS 2 Chron. 19. 6. And Jehoshaphat said to the Judges take heed what ye do for ye iudge not for men but FOR THE LORD who is with you in the Judgement Prov. 29. 26. Many seek the face of a Ruler but every mans Judgement COMETH FROM THE LORD 2 Chron. 9. 8. Blessed be the Lord thy God which delighted in thee to set thee ON HIS THRONE to be KING FOR THE LORD THY GOD because the Lord loved Israel therefore made he thee King over them to do Justice and Judgment Prov. 8. 15. By me Kings reign and Princes DECREE JUSTICE And Dan. 4. 24. The most high RULETH IN THE KINGDOM OF MEN and giveth it to whomsoever he will As God and Christ are said to preach the Gospel in and by the Ministers of it as our Antagonists themselves wil grant So they are likewise said to execute wrath and vengeance in and by the Magistrates Therefore this fond Objection whereon our Opposites much insist must needs evaporate into smoak and this Text remain an unanswerable proof for the Christian Magistrates power to punish Apostates Hereticks Blasphemers Contemners of Christ his blood his Covenant and the Spirit of Grace with more grievous corporal and capital punishments under the Gospel then under the Law My ninth Argument shal be from the 2 Pet. 2. 1. to 14. But there were false Prophets also among the people even as there shal be false Teachers among you who privily shal bring in DAMNABLE HERESIES even denying the Lord that bought them and shall BRING UPON THEMSELVES SWIFT DESTRUCTION And many shal follow their pernicious ways by reason of whom the way of truth shal be evil spoken off And through covetousnesse shal they with fained words make merchandize of you whose judgement now of a long time lingreth not and their damnation slumbreth not For if God spared not the Angels that sinned but cast them down into hell and delivered them into chains of darknesse to be reserved unto Judgement And spared not the old World but saved Noah the eight person a preacher of righteousnesse bringing in the Flood upon the world of the ungodly And turning the Cities of Sodom and Gomorrah into ashes condemned them with an overthrow making them an ensample unto those that after should live ungodly c. The Lord knoweth how to deliver the godly out of temptations and to reserve the unjust unto the day of Judgment to be punished But chiefly them that walk after the flesh in the lust of uncleannesse and despise government presumptuous are they self-willed they are not affraid to speak evill of dignities Whereas Angels which are greater in power and might bring not rayling accusations against them before the Lord But these as natural bruite beasts made to be taken and destroyed speak evil of the things they understand not and shal utterly perish in their own corruption And shal receive the reward of unrighteousnesse c. The very same expressions in substance if not in words we have repeated in Jude v. 4. to 23. From these considerable texts I shal Observe First That False Teachers under the New Testament are in the same rank and condition as false Prophets under the Old therefore liable to the like Capital Punishment under the Gospel as false Prophets under the Law which I have formerly proved Secondly That these False Teachers shal privily at first but more openly afterwards bring in Damnable Heresies or as the Greek phrase renders it Heresies of Perdition or Destruction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Heresies deserving a Sentence of Destruction because they bring Perdition to the souls and bodies of those who broach and embrace them yea to the Churches States wherein they are vented and tolerated Rev. 2. 14 to 24. Thirdly That such false Teacheâ—â— shal bring upon themselves SWIFT DESTRUCTION The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which we English Destruction is oft times in the New Testament â—ied for the cutting off or destruction of a mans person by a violent and unnaturall death by men or other creatures through the just Judgement of God aâ— Luk 17. 27. 29. The flood came and destroyed them all It rained firâ—… heaven and destroyed them all 1 Cor. 10. 9. They were 〈…〉 Matth. 21. 41. He wil miserably destroy those wicked 〈…〉 Barrabas and destroy Jesus And sometimes for a jâ—… way of Censure as Jam. 4. 12. There is one Law-giver who 〈…〉 save and to DESTROY Matth. 10. 28. Fear him who is able 〈…〉 both soul and body in hell From this acception of the word 〈…〉 destroy in the New Testament I conceive the meaning of Peter 〈…〉 false Teachers who bring in damnable and destructive Heresies â—…n themselves by these their Heresies when detected SWâ—…JCTION in a two-fold sense First from the Christian 〈…〉 out of zeal to God and the peoples souls whom they would seduce shall 〈…〉 proceed against and destroy their persons with capital punishments Secondly From God himself in mans default who by some exemplary Judgments wil destroy their persons here yea their souls and bodies in hel for ever hereafter 2 Thes 1. 8 9. Fourthly That such false Teachers Destruction by the Magistrate cannot be called Persecution no more then a Traytors or Murderers because they bring it upon themselves by their Damnable Heresies and obstinate perseverance in them Fifthly That many shal in the last times follow the ways and damnable Heresies of False Teachers and therefore it is no wonder that such multitudes follow after such seducing New-Lights and false Teachers now Sixthly That by reason of these false Teachers calumnies and Heresies the very way of truth shall be evil spoken of and cryed down among their followers as now it is more then ever in our memory by New-Lights and Sectaries who stile all others but themselves The carnal and Antichristian Church The Clergy Antichristian c. and themselves The Saincts The Faithful Gods peculiar Portion the anointed ones c. Seventhly That false Teachers are for the most part exceeding covetous and make Merchandise of mens souls Eighthly That they are very Lascivious and usually walk after the flesh in the lust of uncleanness as many of our Anabaptists and Dippers of naked women both in the night and day time proclaim themselves to be Ninthly That they are
praestigiosa illa superstitio deleta est vt sacerdotum ipsorum orthodoxorum Doctrinam sitientibus desiderijs amplexerentur After which this heresie sprouting up again in the year 449. Germanus and Severus coming hither out of France to suppresse it there was another Councell assembled wherein the Authors of this revived heresy were inquired after and being found were condemned and BANISHED the Island by the generall sentence of all Omniumque sententia pravitatis auctores qui erant EXPVLSI INSVLA sacerdotibus adducuntur ad medeterranea deferendi ut regio absolutione illi EMENDATIONE fruerentur factumque est ut in illis locis multo ex eo tempore fides INTE MERATA PERDVRARET This was the happy issue of these Hereticks banishment that religion from that time continued uncorrupted and this Island was thereby freed from the Pelagian heresie for many ages after Anno Dom. 630. Theodor Archbishop of Canterbury being a Graecian borne hearing that the Church of Constantinople was very much troubled with the haeresy of Eutiches to preserve the Churches of England free from that infection assembled a Councel at HEDTFELD of many Priests and learned men wherein they made a Confession of their Faith concerning the Trinity and Vnity and declared their assents to the generall Councels of Nice Constantinople the first and second Ephesus Calcedon and of Rome under Martin whereby he prevented the heresies condemned by them from springing up in this Isle A good effect of this Synodall Assembly Gulielmus Nubrigensis records that in the reign of King Henry the 2. about the year of our Lord 1161. certain erroneous persons commonly called Publicanes came into England These having their originall heretofore out of Gascoygne from an uncertain Author infused the poyson of their mis-beliefes into divers Countries for in the most ample Provinces of France Spain Italy and Germany so many were said to be infected with this pestilence that they seem'd to be multiplied more then the sand on the Sea-shore in multitude Finally whilest the Prelates of Churches and the Princes of Provinces proceeded more REMISLY against them the most wicked foxes creep forth out of their dens and by seducing the simple with a pretended show of piety demolish the vineyard of the Lord of Hosts TANTO GRAVIUS QVANTO LIBERIUS so much the more grievously by how much the more freely but when as the zeale of the faithfull is kindled against them with the fire of God they lye hid in their Dens and are lesse hurtfull but yet they cease not to hurt by scattering their hidden poyson They were rusticall and illiterate men and therefore dull to reason but having once drunke down that poyson they were so infected that they grew stiffe against all discipline whence it very rarely happens that any one of them when being discovered they are drawn out of their dens is converted to piety Verily England alwaies continued free from this and all other haereticall plagues when as so many heresies sprung up in other parts of the world And truly this Island whiles it was called Britaine from the Britons who inhabited it banished out of it Pelagius who became an Arch-heretick in the East and in proces of time admitted his error into it selfe for the destruction whereof the pious provision of the French Church directed St. Germane once and again hither But since the English Nation the Britons being expelled possessed this Island so as it was no more called Britannia but England the poyson of no hereticall plagues hath sprung out of it nor yet so much as entred into it so as to propagate and spread it selfe untill the time of King Henry the 2. Then also by Gods mercy the plague which had there crept in was so withstood that from thenceforth they feare to enter into it Now there were little more then thirty both men and women who dissembling their error came in hither as it were peaceably for to propagate ther plague one Gerard being their Captain upon whom they all looked as their Teacher and Prince for he alone was somewhat learned but the rest were without learning and ideots meer impolished and rustick men of the Teutonic Nation and language Abiding some little space in England they gathered to their congregation only one little girle circumvented with their poysonous whisperings bewitched as was said with certain enchantments But they could not long lye hid for some curiously discovering that they were of a strange sect they were thereupon apprehended and kept in the publike prison But the King not willing either to release them or condemne them without examination commanded a Councill of Bishops to be assembled at Oxford Whereupon they were solemnly convented concerning Religion He who seemed to be learned taking upon him the cause of all and speaking for all answered that they were Christians and embraced the Apostles Doctrines Being interrogated in order concerning the Articles of holy faith truly they answered rightly concerning the substance of the Supernall Physitian but spake perverse things concerning his remedies whereby he vouchsafes to heal humane infirmity to wit of the divine Sacraments detesting holy Baptisme the Eucharist and Mariage and derogating from THE CATHOLIKE UNITY in a nefarious bold manner which those divine helpes do make up Being admonished to repent and TO UNITE THEMSELVES TO THE BODY OF THE CHURCH they contemned all wholesome counsell Threats also that they might repent even for fear they derided abusing that saying of the Lord Blessed are they who suffer porsecution for righteousnesse sake for theirs is the Kingdome of Heaven Then the Bishops taking care that their haereticall poyson should spread no further pronouncing them publikely to be heretickes corporali disciplinae subdendos Catholico Principi tradidêrunt delivered them over to the Catholike Prince to be punished with corporall punishment Who commanded an hereticall character to be branded on their foreheads and being publikely whipped in the sight of the people to be expelled the City strictly charging that no man should presume either to lodge them in his house or give them any solace The sentence being pronounced they were led to the MOST JVST PUNISHMENT rejoycing not with a slow pace their Master going before and singing Blesed shall ye be when men shall hate you so much did the seducers then abuse the minds deceived by him Truly that girle they had deceived in England departing from them for fear of punishment confessing her error obtained reconciliation but that detestable Colledge with cauterized foreheads was subjected to JUST SEVERITY he who was the chiefe among them for the honor of his Masterslip suffring the infamy of A DOUBLE BRANDING to wit IN THE FOREHEAD ABOVT THE CHIN and their cloathes being cut off unto the girdle they WERE PUPLIKELY WHIPPED and cast out of the City with resounding stripes and miserably perished with the intolerablenesse of the cold for it was Winter no man showing them
Hereticks and Apostates to be burnt the rather because the Bishops power is abolished cortrary to the opinion of 27. P. 8. 14. delivered when those Lawes were in force and of Sir Edward Cooke in his third Institutes p. 40. That at this day no person can be indicted or impeached for Heresie before any temporall Iudge or other that hath temporall Iurisdiction as upon the perusall of the Statutes of 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. 2. Phil. and Mary c. 6. appeareth For these Acts being repealed as he there grants the old common Law of England is thereby revived as to Hereticks and Apostates and so at this day any person may be indicted impeached condemned before the temporall Iudges of the Kings Courts for apparent reall Heresie contrary to the Word of God and 4. first Generall Councels in such sort as they were and might be before these Statutes 4ly That since the repeale of these Statutes no man upon a bare conviction of Heresie before the Ordinary or Commissary justly may or ought to be put to death or burnt by the Writ De Haeretico comburendo unlesse he were likewise first legally indicted and convicted by a Iury in the Kings Courts as all other capitall Malefactors Felons and Traytors are My reasons are Fâ—â—st because it is directly contrary to Magna Charta c. 29. the Petition of Right 5. E. 3. c. 9. 25. E 3. c. 4. and other forecited Statutes of Edward the 3d. and contrary to the right order of Iustice good equity and the Lawes of the Realme as is resolved in the Stat. of 25. H. 8 c. 14. 2ly Because the Sheriffe could not execute any man by vertue of this Writ or without it before the Statute of 2. H. 4. c. 5. nor after it without this Writ unlesse he were actually present at the sentence as is resolved 2. Mariae Brooke Heresie 1. Therefore this Statute and all others in pursuance of it being totally repealed this Writ and the proceedings on it upon a bare sentence of the Ordinary is as I humbly conceive meerely void in Law and contrary to Magna Charta And therefore it is considerable whether the resolution of the Iudges in Legates case forecited be not erronious though seconded by Sir Edward Cooke For though the Ordinary of every Diocesse both before and after these Acts might convict any person for Heresie and excommunicate or degrade him by the common Law yet the Sheriffe could not execute him by any such convictions either without or by vertue of a Writ De Haeretico comburendo but by power of those Acts now all repealed as is resolved by 25. H. 8. c. 1. 4 Yet that an Hereticke or Blasphemer convicted and condemned of Heresie or notorious Blasphemy by a whole Nationall Synod or Convocation may by Ordinance of both Houses of Parliament without any previous Indictment be lawfully executed by a Writ De Heretico comburendo even at this day seemes probable to me since it was usual before any Statute made by the connivance of the common Law 5ly That an Hereticke and Apostate legally indicted and convicted in the Kings Courts before the Iudges for Heresie or Apostacy and adjudged to be burnt may at this day by the common Law be executed without such a Writ by vertue of the judgement only by the Sheriffe who is an Officer to the Court as well as other Felons may be and are usually executed in other cases without a Writ And if the Parliament will be pleased by a Law to declare what are Heresies in particular and what Heretickes and Apostates in speciall shall be indicted and proceeded against at the common Law as they did heretofore in case of Treasons by the Stat. of 25. E. 3. c. 2. there will be as great benefit and no more danger of Tyranny or Persecution in permitting commanding the Iudges to proceed against Hereticks and Apostates who are Traytors unto God and Religion according to the ancient Rules of the common Law then there now is in their proceedings against Traytors to the King and Kingdome upon the Statute of 25. E. 3. c. 2. a very good president as I humbly conceive for framing a new capitall Law against Heresies and Blasphemies Now the reasons which confirme me in this opinion That all Heresies Blasphemies Schismes Apostacies Idolatries are triable and punishable in a criminall or Capitall manner only by an indictment and legall Tryall at the common Law but not upon any sentence given by the Clergy in Convocation or the Bishops in their Consistories are these First because the Priests under the Law were neither appointed to condemne nor execute such unlesse upon extraordinary occasions in default of the Majestrat but only the Majestrates and people as Deut. 13. with other precepts and precedents forecited manifest especially Iob. 31. 26. 27. 28. If I behold the Sunne when it shined or the Moone walking in brightnesse or my heart hath beene secretly enticed to worship them or my mouth hath kissed my hand this also were an iniquity TO BE PVNISHED BY THE IVDGE for I should have denyed the God that is above Secondly Because all such under the Gospell since Christs time were anciently punished with imprisonment confiscation of goods disinherison banishment death only by the civill Lawes Edicts of Godly Emperours Kings and civill Majestrates and by their sentences and Iudgements in pursuance of them as is apparant by the premised and subsequent Lawes and Histories No Prelats Councells Synods anciently having power to passe any such civill corporall or capitall sentence against them but the civill Iudges and Majestrate only Hence Lucas Tudensis about 350. yeares since writing of the Albigenses reputed for Hereticks records that a judice Regionis capti sunt Et ut digni erant flaminum ignibus traditi confessing it to be the civill Magistrates duty both to restraine and punish them concluding thus Regum Principum est hoc ministerium scilicet fidei rebelles occidere per se vel per ministros suos Quod nisi sollicite fecerint rationem reddent Domino de his quae eorum dissimulatione vel negligentia ab impijs perpetrantur Remunerabuntur autem si illorum ministeriocultus fidei conservetur Hence Iulius Firmicus writes thus to the Emperors Constans and Constantius vobis sacratissimi Imperatores ad vindicandam puniendam Idololatriam necessitas imperatur hoc vobis Dei summi lege praecipitur 3ly Because all the godly Councells Bishops Fathers in former ages yea Popes themselves have written to and importuned Godly Emperors Kings Magistrates to apprehend suppresse punish Hereticks Schismaticks Blasphemers and Apostates informing them it was their duty to do it to which all Orthodox Protestant Churches Writers at this day subscribe yea and the Papists too From whence Paeraeus Dr. Willet Bishop Davenant and generally all Protestant Divines thus argue against the Popish Prelates and Clergie who will not
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
Elect from eternall death and destruction 2ly They must be thus understood that the principall end of Christs comming was not to destroy mens lives with temporall or spirituall destruction but to save them or at least not to destroy them without just grounds or not in any extraordinary manner with fire from Heaven or upon so slight an occasion as the Apostles would have him here but not his only end For Christ hhmselfe is a Rock of offence a stumbling blocke yea a savour of death unto death unto many and will grind some unto pouder 1. Pet. 2. 7. 8. 2. Corinth 2. 15. 16. Lu. 2. 34. Math. 21. 44. yea the very Angell of the Lord smote Herod that he was eaten up of Wormes and gave up the Ghost Acts 12. 23. And Christ by Peters ministery smote Ananias and Saphyra with temporal death Acts 5. 1. to 10. Since then this Text is to be understood in these senses and like that of Paul 1 Cor. 1. 17. For Christ sent me NOT to baptize that is not simply not to baptize any for that he did v. 14 15 16. but chiefely and principally but to preach the Gospel which is my principall and main businesse it will no wayes warrant Mr. Dels Anabaptisticall sense of or conclusion from it to wit that Christ came so to saveâ—mens lives as that he exempts the lives and persons even of Hereticks Blasphemers yea all malefactors from the power of Kings and Christian Magistrates so as they may not justly put them to death for any offences though most capitall Finally admit that Christ came to preserve the naturall lives of Hereticks Schismaticks Blasphemers and the grossest malefactors from the sword of justice and the Christian Magistrates power yet this extends not to secure them from imprisonments fines banishments and such other corporall punishments which are not capitall as Mr Dell here infers Therefore it no wayes warrants his conclusion against all corporall and outward punishments And so I have scattered this Brigade of his for ever rallying again The 6 Objection is this made by Mr Del and others God hath appointed his Word and the Ministery of it to be the instruments of converting men and stopping the mouths of gainsayers Tit. 1. 9. 11. for the casting down of imaginations and every high thing that exalts it self against the knowledge of Christ and for bringing every thought into captivity and into obedience to Christ 2 Cor. 10. 5. Yea God hath appointed the Ministers in meeknesse to instruct those that oppose themselves if God peradventure will give them repentance to the acknowledgement of the truth 2 Tim. 2. 24. 25. and to edifie the body of Christ till they all come in the unity of the Spirit unto a perfectman unto the measure and stature of the fulnesse of Christ Ephes 4. 11. 12. Yea Christ addes Mr Dell doth ALL THAT EVER HE DOTH in his Kingdome by his Word and Christ sent forth his Apostles not with any power of swords or guns or prisons to reform the world or with any power of States or Armies but sent forth poor illiterate mechanick men and only armed them with the power of the Word and behold what wonders they wrought by that power alone They turned the world up-side down they changed the manners customes religions worship lives and natures of men c. And all this they did not with any earthly or secular power but by the ministery of the Gospel alone Christs great and only instrument for the conquering subduing and reforming of the Nations By it and his Spirit he reformes not only all sinnes in the Church but Heresies Errors and False-doctrines which it seemes he counts no sins because not included in the former general ALL SINNES Ergo Heresies False religions Sects and Schismes ought to be tolerated by the Magistrate and reformed only by the Word but not suppressed and punished by a strong hand as by fining imprisoning disfranchising banishment death or the like which being outward cannot reach to reform or convert the inner-man which is beyond not only the power but cognisance of the Secular powers This was the Donatists and Anabaptists objection of old from whom Mr Dell hath borrowed it To this I answere 1. that though the word and Ministry of it be the principall meanes of converting reforming and convincing Hereticks Blasphemers Errors Schismes as is objected yet it no wayes justles out or destroyes the coercive power the corporall and capitall punishments of the Christian Magistrate for suppressing Heresies Errors Schismes Blasphemies and punishing those who are guilty of them under the Gospel no more then it did their suppressing and punishing of Idolatry and Blasphemy under the Law with temporall death and censures as I have formerly proved To make this apparent I shall lay down these Positions First that the greatest part of such who professe themselves Christians and converted to the outward imbracing and profession of the Gospel are yet not really nor inwardly converted to the saving obedience and practise of it Secondly that inward imbracing or outward profession of the Gospel doth not exempt Christians either from the power or punishment of the Magistrate for any evill deeds nor from committing such crimes or evill actions as may deserve the Magistrates censure and fall under his coercive and avenging power as is clear by Rom. 13. 1. to 7. 1 Pet. 2. 13. 14. Tit. 3. 1. Thirdly that obstinate Hereticks false Teachers Blasphemers Schismaticks are evill doers and Heresie Blasphemy Errors Schismes meer works of the flesh are under the proper jurisdiction and subject to the censures and coercive power of the Magistrate as well as other malefactors and carnall crimes Fourthly that conversion of Infidels and Pagans to christianity and the reclaiming of Hereticks Schismaticks Blasphemers Idolaters Seducers or other Malefactors from their evill wayes is one thing usually wrought by one kinde of instrument to wit the Word and ministery of it and the punishing suppressing restraining of such as these from the publick practise or venting of their Heresies Errors Schismes Blasphemies Idolatries or other crimes to the provoking of Gods wrath the hurt infection disturbance of others a quite other thing wrought by different meanes and instruments to wit by the civill Magistrates Sword and corporall censures To argue then as the Objectors doe That the word and Ministry of it are the vsuall and principal meanes appointed by Christ inwardly to convert men from Paganisme Heresie Idolatry Error Schisme unto the orthodox truth and to inward piety and Sincerity Ergo the Magistrate may not punish nor suppresse these crimes sinnes to hinder their outward spreading infecting of others or to prevent or remove Gods judgements or preserve the peace of Church State is a most grosse Non sequitur since both of them are co-ordinate and consistent together not jusling out one another 2ly I answere That the Apostles were no Magistrates but Preachers nor yet illiterate mechanicks as
externall and grosse sinnes Master Dell in the objected passage and elswhere confesseth it doth work and tyes up mad Dogges Beares and Tygars c. must they therefore be cast aside as uselesse and have no use at all among Christians in reforming them and the Church of God God forbid for this very bringing of men to a constant outward conformity in the practice of holy duties and attendance on Gods Ordinances is a greater honour to God a greater benefit and credit to a Christian State and farre better in it selfe then open contempt or neglect of the outward Ordinances or professed impiety atheisme and prophanenesse Is not a morall outward reformation of mens lives the restraining of them from grosse enormities sinnes errors heresies schismes blasphemies and chaining them up from infecting others by severe Lawes and corporall or capitall punishments far more beneficiall to the parties restrained to the Churches States wherein they live and lesse dishonourable offensive unto God and all good men then the open unrestrained unpunished licentious practice of all sorts of wickednesse and actuall villanies or the lawlesse preaching printing writing all kind of damnable heresies errors blasphemies whimsicall and scismaticall Tenets without any check Yea is not a generall externall reformation of mens lives and outward actions without an inward conversion of their hearts more pleasing to God more advantagious to men then open prophanenesse impiety and unreformednesse both in life heart Yea verily witnesse Ahabs meer outward humiliation and reformation without inward which pleased God so well that he did not bring the evill threatned against him and his house in his dayes and the meere outward morall reformation of the Heathenish Ninevites which caused Cod to spare and not to destroy the City within forty dayes as he had threatned If so as the very Objectors and all rationall men must grant then the civill Magistrates coercive power his corporall and capital censures are necessary and useful at lest to work such an external reformation in the Church though it should make no reall Saints or Converts Fourthly the inward change of the heart and conversion of the soule to God is neither in the power of the Minister nor Magistrate the Word or Sword but of God and his Spirit alone the preaching of the Word by Ministers and the welding of the Sword by Magistrates cannot change the hearts and spirits of men of themselves but God alone by them as is cleere by the 2 Timâ— 2. 25. Psal 51. 10. Ezek. 36. 25 26 27. Jer. 31. 33 34. Eph. 2. 1 4 5 8. John 3. 5 6 7 8. 1 Cor. 3. 4 to 10. Shall we then deny the use of the Word and Ministry as Master Dell and his confederates deny the use of the Sword and Magistracy in the reformation of the Church because they commonly reforme the outward man in some measure and that hardly too without the Magistrate but not change and convert the inward man of themselves no more then the Sword or Magistrate without Gods owne blessing on and concurrence with them The Objectors certainly will answer No Therefore I may say and they must grant the same of the Sword and Magistracy What then must be done I answer both must do their bounden duties Ministers must preach down sins heresies errors schismes blasphemies with the Word though they inwardly reforme and convert few or none or make some Hypocrites by it and Magistrates must beat and cut them downe with the sword of Justice and corporall punishments though they really convert none but onely restraine their outward exorbitances and spreading infection or make some Hypocrites and dissemblers and leave the issue of their endeavours to God whose onely work it is to reforme and convert mens soules in sincerity from sinne and errour and unite them to himselfe God neither requires nor expects that they should inwardly reforme mens spirits or infuse saving grace into their soules that is his owne and his spirits proper work not theirs wherefore they must doe what God enjoynes them and not neglect their severall duties because they cannot effect what he requires not of them even reform mens inner parts as the Objectors themselves confesse and therefore would reject the Magistrate and his Sword as having no place at all in the reformation of the Gospel Fiftly there is a double reformation under the Gospel which Master Dell confounds to delude his Auditors Readers and if distinguished would have rendred most of his Sermon impertinent to his drift The first private and personall consisting in mortification of mens sinfull lusts renewing of their depraved natures and turning the whole frame of their soules and spirits from sinne and Satan unto God 5 not a destroying and utter abolishing out of the faithfull and the Elect ALL THAT SINNE corruption lust and evill that did flow in through the fall of Adam as Master Dell defines it since no Saint is or can be so exactly reformed in this present world much lesse no Church how pure soever Now this as it is wrought by God alone so it is peculiar to the Elect alone after their effectuall calling and conversion which is still accompanied with many remainders of sinne and corruption whiles they live Secondly a publick outward reformation of a visible society of men professing the faith of Christ consisting in the purity due decent orderly Administration of Gods Ordinances Sacraments Word Worship among them according to his revealed Will and the externall holinesse unblamablenesse of their lives and outward Christian deportment one towards another in all peaceablenesse and honesty This Reformation is common to all Members of any Christian Church State as well Elect as Reprobate Sheep as Coats and belongs properly to the Magistrates and Ministers to effect according to their respective callings to the one by preaching catechizing admonitions repoofs and Ecclesiastical Censures where established to the other by rewards and encouragements to the good and admonitions to reprehentions of and outward corporall or capitall punishments inflicted upon evill doers as I have formerly proved at large and is cleer by Rom. 13. 1 to 7. 1 Pet. 2. 13 14. 1 Tim. 2. 1 2. Revel 17. 16 17. Isa 49. 23. Now the number of the Elect being very few in comparison of the Reprobate and by farre the smallest number even in the most reformed Christian Church or State be it never so small or separate from others no reasonable creature can expect the first kind of reformation peculiar to the Saints to be ever wrought in the major part of any Christian Church or Society whatsoever much lesse in a whole Christian Congregation or Kingdome yet because no Magistrate no Minister nor other person knowes who or what number of any Church or Christian Society are predestinated to eternall life or are already actually or hereafter may be inwardly converted reformed therefore the Word must be preached and the meanes of salvation dispensed unto
all though they convert but few even those onely who are elected and onely civilize others and perchance make many of them Hypocrites and because the very Elect themselves even after their conversion may fall into scandalous sinnes and capitall offences though not fall finally nor totally from their state of grace which Magistrates have power and authority as well from God as man to punish both to reforme them deterre and keep others from infection preserve publick peace justice and keep off Gods judgments they and all others who externally embrace the Gospel are in that regard enjoyned to live soberly and godly in this present world to avoyd all sinnes and wickednesses whatsoever yea heresie idolatry blasphemy schisme erronious Doctrines as well as Murder Adultery and the like offences and likewise subject to the Magistrates censures corrections in case they actually or openly transgresse in any kind they being Gods avengers to execute wrath on those that doe evill Therefore the civill Magistrate may â—ay must and ought to use his utmost endeavours to make an externall publick reformation both in Church and State and a totall purgation of all sins offences heresies blasphemies errors and corruptions whatsoever out of both for the welfare and peace of both and diverting of Gods wrath from both though he cannot work an inward reformation in all no more then the Minister or Christ himselfe whiles he was here on earth And therefore this Objection That Christian Princes and Magistrates ought not to restraine or punish Hereticks Schismaticks c. or to intermeddle in the outward Reformation of the visible Churches within their Territories because they cannot inwardly convert and reforme all members of them is a most absurd and ridiculous Objection Sixtly to civilize moralize or restraine Christians from the outward acts of sinnes from which they are not inwardly purged by penall Lawes and corporall Censures as Magistrates oft doe is not to make them Hypocrites and twofold more the children of hell then before as is most falsly objected but to make them actually better and lesse sinfull lesse hurtfull then otherwise they would be were they not restrained for the fewer actuall sins men openly commit the lesse is their condemnation the more their commendation the lesse they infect others the lesse they dishonour and provoke God the lesse they disturb the publick peace the more exorbitant excessive numerous audacious their transgressions are the more is their guilt the heavier their judgment the more pernicious dangerous their example and the more they provoke Gods publick judgments against the places where they live and encrease the guilt of those Magistrates who suffer them to goe unpunished witnesse Foxes Bears Lyons yea the Devil himself who chained ap are nothing so hurtfull as those that run at large though they retaine their natures still the like we may say of chained Hereticks Schismaticks Blasphemers Seducers and all kind of restrained sinners by coercive Lawes or Punishments Oderunt peccare mali formidine poenae Neither makes ill men formall Hypocrites nor worse then if they were unrestrained yea their pretending of an inward reformation or dissimulation of their heresies blasphemies and hereticall opinions is nothing so sinfull so dangerous so hurtfull so damnable as the open practice spreading and profession of them with impunity Seventhly The Magistrates and Gods intention in punishing and restraining Hereticks Schismaticks Blasphemers and other Malefactors is not to make them Hypocrites but really to reclaime or make them better at least if not inwardly to convert them If their restraint or punishment make any formall Hypocrites as the very Gospel preached doth more frequently then the sword of Justice it is not the fault of the Magistrate or the punishment inflicted which are good but of the parties punished who pervert them to a contrary end then they were intended Their abuse therefore of them must not nullisie them neither as to themselves nor others who may profit by them and make better use thereof Eightly Saint Paul hath most fully refuted this Objection in a like case Phil. 1. 15 16 17 18. Some indeed preach Christ even of envy and strife and some also of good will The one preach Christ of contention not sincerely supposing to adde affliction to my bonds But the other of love knowing that I am set for the defence of the Gospel What then Notwithstanding every way whether in pretencee or truth Christ is preached AND I THEREIN DOE REJOYCE YEA AND WILL REJOYCE compared with the 1 Cor. 1. 18 23 24. For the preaching of the Crosse is to them that perish foolishnesse but unto us that are saved it is the power of God c. But we preach Christ crucified unto the Jewes a stumbling block and unto the Gentiles foolishnesse but unto them which are called both Jewes and Greeks Christ the Power of God and the Wisdome of God 2 Cor. 2. 15 16. For we are into God a sweet savour of Christ in them that are saved and in them that perish to the one we are the savour of death unto death and to the other the savour of life unto life and who is sufficient for these things Though some men preach Christ for good ends others for bad some in pretence others in truth and though the preaching of the Gospell be a stumbling-block to some foolishnesse and a savour of death unto death to others aggravating and encreasing their sinnes and condemnation in an high degree which is worse then outwardly to reformeor make them Hypocrites and the power of God to salvation but to a few working such contrary effects yet it must be preached because God commands it hath glory by it even in those that perish and some are converted thereby though others hardned and damned so though the Magistrates coercive power and punishments inwardly convert not many yet because they restraine most Hereticks Schismaticks Sinners from doing more mischief to others and committing more actuall sinnes in themselves yea make an outward conformity and reformation where Justice is duely executed they must be still continued and conscionably used in the Church though they should make many men Hypocrites and worse then they were before being God's Ordinance for good not ill Ninthly admit the Magistrates punishments and coercive power should actually convert and reforme none in a Gospel way of themselves yet they compell them to resort to the Word and Ordinances and to the use of those meanes which God hath specially appointed to convert and reforme them both in heart and life yea the suppressing of all private meetings and conventicles of Hereticks Schismaticks Anabaptists Papists Blasphemers which confirme and settle them in their damnable heresies errors schismes and constraining them to resort conscionably to our publick Congregations where the Word of God is truly preached expounded the Sacraments duely administred all former grounds of their Separation and Schism fromour Assemblies being fully removed so as there is
nothing but obstinacy which now makes them separate would be a ready meanes through Gods blessing to reduce reclaime convert and unite such both to God and us and put a speedy period to all our desperate schismes occasioned meerly by the cowardize or negligence of Magistrates in not censuring and of the people in not informing against and prosecuting such offenders With this kind of compulsion to force men to our publick Ordinances and Assemblies from which there is no just ground of conscience now to separate is no forcing of their consciences nor compelling them to beleeve nor prosecuting of men for conscience as is maliciously objected no more then a Physitians compelling of a Patient to take a bitter Potion against his will to recover his health and save his life or a Parents constraining his Child to goe to Church or Schoole or a Masters compelling his Servant to doe his work or learne his Trade or a Commanders enforcing his Souldiers to fight against their wils or the putting of a lame person into a Bath against his mind to recover his limbs and hath been practised in all Ages by the most religious Princes being warranted by Gods owne dealing with us in our conversion unto him who compels us to come in yea draws us to and after him against our corrupt wils hearts natures lusts and at last through the use of Meanes and Ordinances by little and little of unwilling makes us willing working in us both the will and the deed of his good pleasure Upon this ground the good Kings of Judah Nehemiah and others compelled and commanded their Subjects to enter into Covenant with God yea to destroy the Idols Altars Groves Prophets Priests and Temples of their Idol gods and put away their Idolatrous Wives which they would no wayes tolerate and those that separated from the publick Ordinances and Congregations through negligence or schisme were to be cut off from the people by the hand of publick justice as the marginall Scriptures evidence All which considered this great Objection much magnified pressed by our Opposites will be fully cleered dissipated and vanish into nothing The eighth Objection is this The coercive power and punishments of the Magistrate in matters of Religion brings men into Blind Obedience and makes men obey what is commanded on paine of punishment though they know not whether it be right or wrong with the Word or against the Word so that a man shall say That what I doe I am constrained to doe and therefore I doe it because I am constrained to doe it When a man shall see prisons and banishments and losse of Goods walking up and downe the Kingdome for the reformation of the Church you shall have men say at last We will beleeve and doe as the State pleaseth or as the Counsel pleaseth and hove acceptable such faith and obedience is to God all spirituall Christians know Ergo Magistrates must not punish Hereticks Schismaticks Seducers or Blasphemers with capitall or corporall censures This Argument is borrowed from Master Robinson his Justification of Separation pag. 224. I answer first that Master Dell here confesseth That corporall punishments prisons banishments losse of goods and death walking up and downe a Kingdome is a ready meanes to bring men to unity and conformity in Gods worship when no meanes else will prevaile therefore it is fit to make use of this meanes when there is occasion and certainly there was never more occasion then now when many of his Saints are grown so audacious insolent domineering exorbitant in their Heresies Blasphemies and open affronts used to our Ministers every where disturbing and pulling some of them out of their Pulpits Secondly iâ— the thing commanded be good agreeable to the Will and Word of God as to repaire constantly to the publick Ordinances and Assemblies to heare pray and worship God it is obstinacy and wickednesse to disobey and no blind but just and conscientious obedience to submit if the thing commanded be simply evill and the party commanded be convinced of it by cleer evidences out of Scipture it is his honour and duty to obey God rather then men and cheerfully to suffer for disobeying if the thing commanded be meerly doubtfull to him that is commanded but not to him that commands who deemes it just there the command of the superiour Power ought to poyse the scales of obedience especially in things not apparently sinfull Thirdly Obstinacy Heresie Error Schisme really make men blind in a spirituall sense and those who follow them are more guilty of blind obedience then the Magistrate who by mulcts and punishments would open their wilfully closed eyes and reduce them to the way of truth and unity Fourthly a Blind Seducers are more guilty by farre of leading men into blind obedience then the coercive Lawes and Punishments of Christian States and Magistrates Witnesse Christs Speech of the Pharisos and Jewish Priests Marth 15. 14. They be blind Leaders of the blind and if the blind â—â—â—d the â—â—â—â—d â—â—â—â— shall fall into the Ditch And Matth. 23. 16 24 26. Wer â—â—â—â— you â—â— Scribeâ— Pharises Hypocrites ye blind guides ye fooles and blind thrice repeated in one Chapter and Luke 6. 39. witnesse the 2 Pet. 2. 1 2. There shall be false Teachers among you who privily shall bring in damnable Heresies c. And many shall blindly follow their pernâ—cidus wayes 1 Tim. 4. 1. Now the Spirit speaketh expresly That in the latter times some shall depart from the faith giving heed to seducing Spirits and Doctrines of Devils compared with the 2 Tim. 3. 1 to 6. cap. 2. 14. Acts 5. 36 37. cap. 20. 30. together with Matth. 24. 11 24. Many false Prophets shall arise and deceive many 2 Thes 2. 10 11. Revel 13. 4 8 15 15. Antichrist the Beast and the false Prophet shall deceive and seduce all that dwell on the earth whose names are not written in the Book of life In all Ages blind Priests Sectaries and false Teachers have been the greatest seducers and most led people into blind obedience witnesse the blind obedience of the Papists to their Priests and Confessors and of most Sectaries and Independents to their blind Teachers who follow them blindly in an Independent Church Government which their chiefe Leaders have not yet agreed on and either cannot or dare not plainly publish to the world though earnestly pressed thereunto by their Opposites and publick authority which Government Master Dell now professedly denies averring That there is no other Reformation under the Gospel BVT ONELY that of the inward man and other Reformation be and the Gospel knows not any Yea this is the misery of miseries in this seeing Age as is pretended that many people zealously affected as if they were all Quicke silver Weather-cocks or waves of the Sea blindly wheel about with every wind of doctrine running after every idle crochet of their Independent wavering Pastors without
as some Cavalierish Divines have been even by Independents themselves as well as by Presbyterians If then his Argument holds not at all by the Generals whole Armies reall acknowledgment and practise by the whole Parliaments and their Adherents joynt Resolutions in case of our present warres much lesse will it hold in the case of the Magistrates suppressing punishing reall Heretickes Schismatickes and Blasphemers according to his duty Thirdly this reason might be urged against the apprehending and punishing of potent Malefactors of a strong party of theeves plunderers riotors rebels and the like yea against the relieving of our distressed brethren in Ireland against the bloody Irish popish Rebels or suppressing the Pirates of Dunkirk Tunis Algiers yea against populer Elections of Knights and Burgesses for Parliament which many times cause Tumults and commotions yet it holds not waight in any of all those cases therefore not in this objected Fourthly Master Dell might object thus against the expresse Text of Deut. 13. 13. to 18. where God commands the Israelites to make Warre against an whole City that Apostatized to Idolatry and to smite all the Inhabitants thereof with the edge of the Sword and destroy it utterly because it could not be done without great disturbances and tumults against the whole Congregation of Israels warring against the Tribe of Benjamin and Inhabitants of Gibeah for not delivering up into their hands those wicked men of Gibeah who ravished the Levites Concubine to death that they might put them to death and so put away evill from Israel Judges 20. because it cost many deer-bought Battailes much bloodshed yea the lives of many thousands and brought the Tribe of Benjamin almost to utter ruine against the reformation of most of the godly Kings of Judah against Jehu his proceedings against the house of Ahab and wicked Jezabel against Gods owne miraculous punishing of Corah Dathan and Abiram for their Schisme which bred much murmuring and tumult against Moses and Aaron among the discontented multitude Yea against the very preaching of the Gospel it selfe by Christ and his Apostles at first and his godly Ministers since which occasioned engendred many tumults commotions seditions persecutions Wars in the Christian world as all Ecclesiasticall Histories evidence and Christ himselfe predicted they should Matth. 10. 34 35 36. cap. 24. 6 to 14. Luke 12. 51 52 53. cap. 21. 8 to 18. John 16. 1 2. yea against the private Conventicles of Master Dels Saints the Anabaptists and other Sectaries Dippings secret meetings and violent invading of our Pulpits against the Ministers and Peoples wils in many places Therefore Master Dell must certainely disclaime this idle childish argument Fiftly these Disturbances and Tumults are but contingent not necessary consequences of Magistrates forcible reformation and punishments on obstinate Hereticks and Schismaticks who are commonly punished suppressed if the Magistrates proceed disâ—reâ—tly without any great tumult or resistance and not a necessary concomitant and when such tumults happen through the Hereticks potency obstinacy and wilfull resistance of the Magistrates lawfull power or censures it is not the Magistrates fault or sinne but the Hereticks Schismaticks Malefactors and ever or for the most part ends in their destruction and damnation if not totall extirpation witnesse the tumultuous Donatists Example of old the Germane Anabaptists Tumults and Rebellions since and those who have trod in their wicked paths as the Rebels in Cornwall Devonshire and the North in King EDWARD the VI. and Queen ELIZABETHS Raigns opposing their godly Reformations by open force to whom that Text of Mr Dels is most justly appliable Those that use the Sword in this kind against the Magistrate shall in the end perish by the Sword spoken by Christ to Peter himselfe when he drew his Sword to rescue Christ himselfe from the high Priests violence Mat. 26. 51 52 53. not of the high Priests Servants who came out to apprehend him with swords and staves ver 47. 55. So that this Text makes point-blank against tumultuous resistance of the Magistrate by those whom he would reforme by coercive lawes and punishments but nothing at all against the Magistrate whom those who resist in his lawfull calling resist the very Ordinance of God against Gods owne expresse commands in the Gospel it selfe and shall bring upon themselves swift damnation and destruction too Rom. 13. 1 2 3 4. 1 Pet. 2. 13 14. 2 Pet. 2. 1. Sixtly whereas he objects That forcible reformation by coercive Laws and Punishments and the civill Magistrates coercive power are NEVER THE CAUSE OF REFORMATION but ever of tumults it is a most bold and false assertion contrary to all the expresse precepts of God for the corporall and capitall punishments of Idolaters Apostates and Seducers in the old Testament and all the Presidents of the Reformation of godly Kings and Magistrates therein recorded for our imitation already cited of farre more credit then Master Dels bold assertion contrary to the 1 Cor. 5. 5. which resolves that the punishment of men and delivering them to Satan to afflict and torment them to the destruction of the flesh is a meanes that their souls might be saved in the day of the Lord Jesus compared with the 1 Cor. 11. 32. contrary to the experience of all former Ages of the Reformed Churches abroad and our owne Lawes Statutes against Recusants and Sectaries at home there being few Heresies Errors or Schismes in any Age or Church that were ever totally suppressed and reformed but by the Magistrates power which if duly executed would quickly quell all Heresies Errors Schismes that now infest our Church without any considerable stir or tumults Pope Leo the first in two Gratulatory Epistles to the Emperor Martianus and the Empresse Pulcheria writes That by their coercive Lawes against Hereticks the Heresie of Eutiches was twice suppressed and at the last extirpated throughout the world to their double Crowne Honour and those Hereticks brought to publick Repentance reconciled and admitted into the Catholick Church Quia devotionis utrumque Christianae ut pertinaces SEVERITAS JUSTA COERCEAT conversos Charitas non repellat August contr Lit. Petil. Epist 48 50. affirmes of the Donatists that very many yea whole Cities of them were converted in his time for fear of punishment by the lawes against them and our owne Nubrigensis l. 2. c. 13. and Eusebius de Vita Constantini l. 3. c. â—4 forecited informe us of the like effects and Gratian more fully Causa 23. qu. 1 4 5. The like course now would no doubt produce the same effects and keep others from infection and falling into Heresie Blasphemy Schismes to the publick prejudice whatever Master Dell pretends to the contrary Finally I answer that this Objection made by a Chaplaine to the Army who have now the sword and power in their hands might receive a very sower construction if compared with his late Doctrine in the Army but I know
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
opinions are all pointblank against him asserting the Magistrates legislative coercive and punitative power in case of Heresie Schisme Seduction Blasphemy and all kind of open sinne against God or the Churches peace as well as against men so as I beleeve his owne words I have ACCIDENTALLâ— MET WITH THEM to be true itimating he never read the Authors themselves and I hope I have substantially retorted them to his shame He addes there That the Truth he meanes the Anti-magistraticall Anabaptisticall errors he maintaines against the Magistrates coercive power hath but a few Followers which implies that what I assert hath Many And indeed it hath so as many as would overswell this Treatise I shall therefore give you onely a touch of some Not to mention all the godly Emperours Kings Princes Republicks Lawes and Proceedings forecited to this purpose recorded approved by all Ecclesiasticall Histories Divines Ancient and Moderne as Eusebius Socrates Scholasticus Theodoret Sozomen Ruffinus Cassiodor Evagrius Nicephorus Callistus the Century Writers Augustine Epist 48 50. and Contr. Lit Petiliani lib. 2. Peter Martyr Aretius Paraeus Beza and others Nor yet to remember the sayings of Hierom Ambrose and other Ancients to this purpose collected by Gratian Gausa 23. qu. 4 5. where you may peruse them at large nor of Julius Firmicus Maternus or Chrysostome in Rom. 13. nor the saying of Amphilochus to the Emperour Theodosius recorded by Theodoret Eccles Hist l. 5. c. 16. nor of Ambrose to the Emperour Valentitian the second registred by Theodoret l. 5. c. 13. or that in his Epist 12. 33. and his Oratio ad Auxentium nor Chrysostomes notable speech to the Emperour Arcadius recorded by Symeon Metaphrastes Ribadeniera and others in his life against the toleration and for the suppression of Hereticks all pertinent to my purpose I shall give onely a briefe account of some Fathers Opinions in this point to satisfie the learned Readers Tertullian who lived in the dayes of Persecution is of this opinion That Hereticks ought to be forced and punished Ad Officium Haereticos COMPELLI non illici dignum est duritia vincenda est non suadenda c. Saint Cyprian who was himselfe a Martyr writes thus Sic Idololatriae indignatur Deus ut praeceperit etiam eos interfici qui sacrificare servire Idolis suaserint in Deut. 13. iterum loquitur Dominus dicit nec Civitati parcendum etiam si universa consenserit ad Idololatriam Cujus praecepti rigoris memor Mathathias enterfecit eum qui ad aram sacrificaturus accesserat Quod si ante adventum Christi circa Deum colendum idola spernenda haec praecepta servata sunt QUANTO MAGIS post adventum Christi servanda sunt c. Et cum ille passus sit pro alienis peccatis muliò magis pro peccatis suis pati unumquemque debere From which place Jacobus Pamelius in his Annotations on this Chapter Annot. 27. and Bellarmin de Laicis l. 3. c. 21. inferre the lawfulnesse of putting not onely Idolaters but Hereticks also to death under the Gospel and good reason for it if we beleeve Rhabanus Maurus for Haeretici quot erroribus tot Idolis sunt obnoxii Epiphanius Cyrill of Hierusalem and Others record and approve the punishment of Manes the Heretick who had his skin flead off from his body and then was cast unto and devoured of Dogs Saint Jerom records and approves the edicts of the Christian Emperour Quae de Alexandria Aegypto Origenistas pelli jubent and against Priscillian the Heretick Qui SECULI GLADIO totius Orbis Auctoritate DAMNATUS EST And in his Commentary on Galat. 5. I would they were cut off that trouble you he writes thus Certè nullam puto inveteri Lege iam trucem tam cruentam in aliquos esse sententiam quà m utinam abscindantur qui vos perturbant Si putant sibi hoc prodesse non solum circumcidentur sed etiam abscindantur si enim expoliatio membri proficit multò magis ablatio with whom Primasius and Claudius Altisiodorensis concurre in terminis in cap. 5. Epist ad Galat. Saint Chrysostome though he seems unwilling to have all Hereticks slain and put to death Si enim morte plectarentur Haeretici atrox profectô irreconciliabile bellum universo terrarum Orbi esset inserendum their multitude being then so great dispersed over the whole world yet he addes even from the Parable of the Tares it selfe Non autem prohibet Dominus quo minus impudentem Haereticorum audaciam SUFFRENEMUS SIMUL ET RESTRINGAMUS verum ne vita prorsus exigamus And in his 47. Homily on Matthew he addes Non prohibet autem Conciliabula Haereticorum DISSIPARE ora obstuere libertatem loquendi concidere verum interficere trucidare With whom Euthymius accords both of them agreeing That where Hereticks who are Tares cannot be plucked up without danger to the Wheat and orthodox Christians there they are not to be put to death but when and where there is no such danger they may be executed even be death This was Saint Augustines opinion at first That Hereticks were not to be punished by the Secular Magistrate nor put to death which upon consideration he afterwards retracted asserting at last Both the utility and necessity of the Magistrates Coercive power and justifying the Emperours Lawes and procéedings against them even unto death it selfe though to avoid the censure of cruelty he sometimes intercedes for the sparing of the lives even of those Hereticall Donatists who had murdered some Orthodox Ministers and Christians out of a misguided Zeale and offered violence to their persons houses goods and most justly deserved to be punished with death as he acknowledgeth This opinion of his even for the capitall punishing of Hereticks you may read at large in his lib. 1. contr Epist Parmeniani cap. 7. Tract 11. in Joan. where he thus writes Mirantur quia commoventur potestates Christiane adversus detestandos dissipatores Ecclesiae Si non ergo moverentur quomodo redderent rationem de imperio suo c. Videtis qualia faciunt qualia patiuntur occidunt animas affliguntur in corpore sempeter las mortes faciunt ET TEMPORALES SE PERPETI QVERVNTVR c. Cyrill Archbishop of Alexandria in his 20. Epistle determines thus concerning the Heresie and Blasphemy of the Heretick Nestorius to whom he held it very dangerous to indulge a Pardon Si enim qui vel unam contra Religiosissimos Christi amanâ—iâ—simos Reges nostros blasphemam ausus fuerit emittere vocem meritò quam leges praescribunt patitur indignationem NON MAGIS IMPIVS ILLE EAM PATIETVR qui sacrum nostrum mysterium universum subvertit Dispensationem è medio tollit quam sanctus benignus Dei Patris unigenitus Filius homo fieri dignatus nostri gratia adimplevit ut nos omnes servaret
to punish and put to death obstinate Hereticks affirming That this is the unanimous opinion of all Catholicks And he there solidly answers the severall objections made by Anabaptists and others to the contrary quoting Master Calvin Aretius and Beza as concurring in opinion with him herein But passing by all these with other Romaniâ—â—s whose long continued daily practise in putting such to death and burning them to ashes whom they condemne for Hereâ—â—cks is an unanswer bâ— evidencâ— of their opinions herein I shall proceed to the Resolutions and Judgments of such Protestant Churches in their publick Confessions and learned Protestant Writers of chiefest note from the very glimmerings of Reformation untill this present which will be more pâ—nâ—â—rous and prevailing with our Opposites and Sectaries who commonly slight Antiquity and now all other Authors as of small or no account then any other Authorities and I presumewill give good satisfaction to all ingenuous Readers but I am certaine will overballance Master Dâ—s pretended Authorities to the contrary and put him to perpetuall silence I shall begin with the Confessions of whole reformed Protestant Churches and then passe unto their Writers The Reformed Churches of Hâ—lvetia in their former Confession resolve thus Seeing every Magistrate is of God his chiefe Duâ—y consisteth in this To dâ—sâ—nd Religion from all blasphemy and to promote and put it in practice as much as in him lieth and to judge the people according to just and divine Lawes and to punish the Offenders according to the quantity of the fault in their Riches Body or Life Which things when he doth he performeth a due worship or service to God And in their later Confession chap. 30. of Magistracy The Magistrates chiefest duty is to procure and maintaine peace and publick tranquility which doubtlâ—sse he shall never doe more happily then when he shall after the example of most holy Kings and Princes of the people of the Lord advance the preaching of the Truth and of the pure and sincere Faith and shall ROOT OVT LYES and all Superstition with all Impiety and Idolatry and shall defend the Church of God For indeed we teach that the care of Religion doth chiefly appertaine to the holy Magistrate let him therefore hold the Word of God in his hands and LOOK THAT NOTHING BE TAVGHT CONTRARY THEREVNTO Let him draw forth the Sword of God against all Malefactors seditious persons Theeves Murderers Oppressors BLASPHEMERS Perjured persons and all those whom God hath commanded him to punish or execute LET HIM SVPPRESSE STVBBORNE HERETICKS which are Hereticks indeed who cease not TO BLASPHEME the Majesty of God and to trouble the Church yea and finally to destroy it We condemne the ANABAPTISTS who deny that any man can justly be put to death by the Magistrate c. The Confession of the Reformed French Churches resolves That God hath therefore delivered the Sword into the hands of the Magistrates that Offences may be punished not onely those which are committed against the second Table but also against the first c. The Confession of Belgia determines That it is the duty of Kings Princes and Magistrates to endeavour that the Ministry may be preserved that all Idolatry and counterfeit worship of God may be cleane abolished that the Kingdome of Antichrist may be overthrowne and the Kingdome of Christ enlarged c. Wherefore we condemne the Anabaptisis and all those troublesome spirits which reject the higher Powers and Magistrates overthrow all Lawes and Judgments c. which God hath appointed among men for honesties sake The Confessions of Auspurge Basill Bohemia Scotland determine the like as you may there read at large I shall adde some few forraigne Protestant Authors of chiefest note to these Confessions Marsilius Patavinus a great opposer of the Popes usurpations asserts That although the Pope Prelates and Clergy men have no coercive power to compell Hereticks and Schismaticks to beleeve and embrace the Gospel or to constraine men to keep the precepts of the Evangelicall Law Yet Christian Emperours Kings Magistrates may by their humane Lawes punish imprison fine banish Hereticks and that it belongs properly to them not to Priests to punish and condemne Hereticks concluding thus Quod poenas personales atque reales Haereticis infligere ipsasque exigere sibique applicare LICITE POSSUNT ET SOLEBANT PRINCIPES sivè legislatores humani Henry Bullinger Decadis secundae Sermo octavo prapounding this Question then in controversie An liceat Magistratui sua potestate subjectos punire Religionis vel contemptae vel contumeliis effectae gratia Resolves it thus In personis igitur magna est diversitas Sunt enim antesignani duces pervicaces in erroribus qui audaces sunt Hypocritae loquaces ideò ad seducendum appositissimi ipsi quidem sine emendatione in propriam ruentes perniciem alios secum pertrahent Et hi MODIS OMNIBUS SUNT COERCENDI veluti Ecclesiae pestes ne contagio ipsorum seu cancer serpat latius Sunt deinde seducti quidem damnati ab alijs qui errant sed non malitià nec pertinaciter sed resipiscunt in tempore Hos non oportet damnare protinus sed orare Dominum ac sustinere errantesque spiritu lenitatis mansuetudinis erudire donec redeant ad mentem meliorem Porro in erroneis Dogmatibus alia alijs sunt graviora Sunt quaedam adeò Blasphema impia indigna ut ne audiri quideÌ„ ne dum ferri possint sunt quae directè palam tendunt in subversionem Reipublicae nisi in tempore sopiantur Oportet autem Scripturis â—anifesta veritate evincere illa quae in accusationem veniunt esse talia qualia dicuntur Comperta veritate productis apertis testimonijs Scripturae licebit in blasphemos eversores Ecclesiae Reipublicaeque gravissimè animadvertere Sed levior mitiorque poena decernatur contra errantes in levibus non in capitalibus erroribus Nam errant quidam sed ita ut horum erroribus Deus non blasphemetur Ecclesia consistat Denique ipsa non interturbatur Respublica Ubi rursus occurrat illud Apostoli Alter alterius onera portate Item infirmos in fide suscipite non ad dijudicationes disceptationum Jam in suppliciis poenis insigne est discrimen Pertinaciter errantes alios secum in errores abducere inque erroribus retinere nitentes blasphemi perturbatores imò subversores Ecclesiarum JURE CAEDI POSSUNT ideò tamen capitis supplicio non protinus afficiendus est omnis qui errat Et quae minis increpationibus curari possunt non debent acerbioribus elui puniri Modus in re qualibet optimus est Est multa pecuniaria sunt CARCERES in quos concludi possunt ne alios inficiant qui veneno pravae doctrinae fidei corrupti sunt Sunt ALIAE CORPORUM AFFLICTIONES quibus coercentur errantes ut minus noceant
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 POSTUâ—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
ipsum errorem vestrum in vobis occidat nobiscum de veritate gaudeatis God so revenge our cause against you that he may kill the errours in you that you may rejoyce together with us of the truth This this is the REVENGE that we seek upon you as this day it may appeaer if you will be tractable yet we say again with the same Iewel of our Church We know well enough that the same Word which was opened by Christ and spread abroad by the Apostles is sufficient both for our salvation and also â—o uphold and maintaine all truth and to confound all manner of Heresie By that Word only doe we condemne all sorts of the old Hereticks whom these men say we have called out of Hell again As for the Arians the Eutycheans the Marcionites the Ebeonites the Valentinians the Carpocratians the Tatians the Novatians and shortly all them that have a wicked opinion either of God the Father or of Christ or of the Holy Ghost or of any other point of Christian Religion for so much as they be confuted by the Gospel of Christ wee plainly pronounce them for detestable and damned persons and defie them even unto the Devil Neither doe we leave them so but we also SEVERELY and STRICTLY HOLD THEM IN BY LAVVFVL AND POLITICK PVNISHMENTS if they fortune to break out any where and betweene themselves I shall close up all with the words of famous and religious M. Perkins a man formerly highly honoured by all our dissenting brethren who borrowed most of their true but none of their New-light from his industrious Works Every man is not left to his own conscience to teach and hold what Doctrine he will But ALL SVCH MEN OR WOMEN as teach erroneous doctrine are to be restrained by the Governours of the Church It is a grievous fault in any Church not to restrain the Authors and Paintainers of Sects and false Doctrines and of opinions which stand not with the truth of Gods Word And on the contrary I's a vertue and good gift in any Church when they restrain the authors and favourers of Sects and False-doctrines And in this regard our Church is to be commended and approved and the Common-wealth likewise for making lawes to restrain both Popish Recusants and some Protostants who depart from this our Church as being no Church of God but a member of Antichrist and of Babylon I hope his Resolution seconded with the conclusion of Gratian which he proves by many sentences of Fathers Vindicta haereticis schismaticis est inferenda non amore ipsius vindictae sed zelo justitiae non ut odium exerceatur sed ut pravitas corrigatur with the precedent Treatise justifying the lawfulnesse hereof in point of conscience will excite all godly Christians according to their duty solemne Covenant to put it into due and speedy execution in point of practise for the suppression of al present prevention of all future Heresies Errors Schismes Blasphemies whose licentiousnesse and impunity may justly expose us to more grievous publicke judgements of all sorts then any we have hitherto suffered from the avenging hand of our provoked God Augustine Epist 167. Quidigitur hîc faciat Ecclesiae medicina salutem omnium materna charitate conquirens tanquam inter Phreneticos Lethargicos aestuans Nunquid contemnere nunquid desistere vel debel vel potest Vtrinsque sit necesse est molesta quia neuâ—râ—s est inimica Nam Phrenetici nolunt ligari Lethargici nolunt excitari sed perseverat diligentia charitatis Phreneticum castigare Lethargicum stimulare ambos amare Ambo offenduntur sed ambo diliguntur ambo molestati quamdiu aegri sunt indignantur sed ambo sanati gratulantur FINIS Errata Gentle Reader I shall intreat thee to pardon and correct these Errors of the Printers PAg. 2. 14. l. read thought p. 15. l. 27. â— concitare p. 25. l. 1. r. he commands p. 32. l. 3. Rom r. Reu p. 65. l. 9. Townes r. Turnes p. 70. l. 28. A. contemtuous p. 72. l. 15. Curiae p. 79. l. 2. aâ—gue p. 81. l. 28. but p. 84. l. 18. mee r. wee p. 87. l. 18. dele in p. 106. l. 21. exorbitant p. 124 l. 15. times p. 125. l. 33. viuendi p. 126. l. 26. abjecerit l. 42. Dominus p. 127. l. 18 propter l. 19. caelorum p. l. 27. ca. lumniosi l. 35. dilectione p. 128 l. 7. humano p. 129. l. 19. affligendum l. 25. privatae l. 26 que inerant ablatis ipsi etiam laniati l. 37. aut p. 130 l. 11. nocturnis l. 21. dele l. 24. vehemenenter p. 132. l. 34. eum r enim p. 133. l. 37. Melhusum p 135. l. 42. intimating p. 136. l. 12. Amphilochius p. 143. l. 12. Gretseri p. 146. 26. porpetratis p. 147. l 21. sapientum l. 24. reddamur p. 150. l. 16. Cum. p. 89. l. 45. dele Lu. 1. p. 97. l. 21. Ergo p. 205. l. 6. Magistrates p. 106. l. 36. sensible p. 157 l. 15. groves p. 159. l. 1 for In the Margin p. 61. b. 49. r. Patavinus p. 110. l. 9. Antoninus p. 112. l. 2. Mr. p. 115. l. 5 Haereses l. 10. Beauxamis p. 136. l. 24. CT esiphontem P. 152. l. 12. dele the p. 138. l. 42. Surius l. 14. Annot. p. 86. l. 19. Lit p. 109. l. 1. Scorpiacum p. 110 l. 2. transiret p. 153. l. 10. brugius Argum. 1. * See the Harmony of Confessions Sect. 19. and Calvins Instit l. 4. c. 20. * See Zuinglius Explan Artic. 35. 37. 39 40. De utraque Justitia * Rom. 13. 3 4 5â— * Math. 13. â— Note Note Note Note Note Note * See Lucas Tudensis adv Albigensesâ— 22. 3. * Heb. 9. 27. Note Examples 1. 2. 3. 4. 5. 6. * And Idolatrous Athalia too 7. * Deut. 13. 9. is quoted in margiu of our Bibles 8. Argum. 2. Argum. 3. * See the 1 Esd 8. 23 24. * Super Joannem Tract 11. * Causa 23. qu. 4. fol. 450. a See Eusebius de vita Constantini l. x. c. 11. 45. to 52 l. 2. c. 1. 2. 5. 57. b Cic de natura Deorum c 1. Caelius Rhodig Antiq. Lect. l. 22. c. 1. c De Beneficiis l. 3. c. 6. d Plutarchi Solon e Hist lib. 8. f Diodorus Sic. Bibl. Hist lib. 16. sect 14. c. g Hist lib. 1. De jure Belli l. 2. c. 20. sect 51. h Caelius Rho. Antiq. Lect. l. 22. c. 1. Diogen Lacit l. 1. Cic. de Natur. Deorum l. 1. i Iustin Flist p. 269. See p. 227. Variae Hist l. 5. c. 16. k Hist l. 1. p 16 l Numa Pompilius fol. 21. m Tit. Liv. Hist l. 4. p. 162. Argum. 4. * See Gualther in Locum Hom. 44. in Epist ad Gal. fol. 121. * This Master Burroughs himself confesseth in his Hearts divisions p. 20. 21 i De vita Constantini l. 2. c. 18. 43 44. l. 3. c. 52. to 57. Object