presumptuous self-willed despise Government speak evil of dignities and bring rayling accusations against them never so really verified as by our false Teachers Separatists Anabaptists and New-Lights at this present who despise and speak against all Church-government in a most presumptuous manner speaking evil and bringing rayling accusations against our Parliament Assembly Magistrates Ministers Church Laws Covenant Directory and what not both in Press and Pulpit Tenthly That these false Teachers damnation and their followers judgment now of a long time lingreth not and their damnation slumbreth not and that these as natural bruite beasts made to be taken and destroyed shal utterly perish in their own corruption and receive the reward of unrighteousness at the last either from the hands of the Christian Magistrate who justly may yea ought to destroy and cut off such with the Sword of Justice or else by the avenging hand of that just God who spared not the Angels that sinned but cast them down to hel drowned the Old World with a Flood and turned the Cities of Sodom and Gomorrah into ashes who is as just as severe now as ever If any hence Object from Vers 9. That the Christian Magistrate hath no authority to punish such false Teachers who bring in damnable Heresies c. because God reserves the wicked to the day of Judgment to be punished I Answer that the Argument holds not First Because God forbearing his own immediate punishing of men till the day of Judgement is no supersedeas to the Magistrates punishment of them here for then no kind of impenitent Malefactors should be punished by the Magistrates in this life because God reserves his own punishing of them till the day of Judgement So that this position if admitted would wholy take away the Civil Christian Magistrates Judicatory Power contrary to Rom. 13. 4. and 1 Pet. 2. 13 14. and condemn Gods proceedings against Idolaters c. in the O. Testament Secondly Because Gods own punishing of such here with Plagues and other temporal punishments no wayes impeacheth nor hindreth the executions of the Magistrates Censures on them as I have formerly proved Thirdly The Apostle here informs us that such mens damnation slumbreth not and their Judgment lingreth not and that they bring upon themselves swift destruction Therefore their punishment is not always to be respited to the generall day of Judgment but to be executed speedily on them here Fourthly The reserving such to the day of Iudgment to be punished is not to be understood here of the general day of Judgment to come hereafter but of the day of their particular Judgment here as is clear by the preceding Verses The day of Judgment to the Old World was the day when God brought the Flood upon them the day of Judgment to Sodom and Gomorrah was the day God turned them into ashes and condemned them with an overthrow and the day here meant to which God reserves such Fals Teachers is the day wherein he bringeth swift destruction upon them by the Magistrates Sword of Justice or his own immediate Judgments not the general day of Judgment for then their destruction so long deferred would not be swift and their Judgment and Damnation would justly be said to linger to slumber contrary to the Text Fifthly Admit it meant of the general day of Judgement yet God reserves not False Teachers and damnable Hereticks till that day to be punished with eternal damnation and destruction but where Magistrates neglect to punish them with temporal damnation and destruction which through Gods blessing might be a means to free them from eternal So that this Text duly considered is in my apprehension a sufficient warrant and commission for all Christian Magistrates under the Gospel speedily to punish all fals Teachers who privately or openly bring in damnable Heresies with swift destruction and capitall censures inflicted by them upon conviction in a way of Justice My ninth Argument is this Hereticks False Teachers Seducers and obstinate Schismaticks are stiled not only in the Old but New Testament Foxes litle foxes Wolves in sheeps clothing ravenous grievous Wolves who spoil and devour the Flock yea Theeves and Robbers who come only to steal kil and destroy Christs sheep and the like Cant. 2. 15. Math. 7. 15. John 10. 8. to 14. Acts 20. 29 30. And not only Ministers but likewise godly Magistrates are the Shepherds and Pastors of Christs flock to preserve defend them from and chase away take and if need be destroy and kil these Foxes Wolves Theeves Robbers 2 Chron. 18. 16. Psa 78. 76. 71 72 Isa 49. 23. Cant. 2. 15. 1 Tim. 2. 2. As therefore Shepherds lawfully may and ought to drive away Foxes Wolves Theeves Lyons Bears and other beasts of prey from their sheepfolds and take and kil them too for the preservation of their flocks as David did kil the Lyon and the Bear that devoured his Fathers sheep 1 Sam. 17. 34 35 36. Cant. 2. 15. Jer 31. 4. John 10. 12 13. So doubtlesse godly Christian Magistrates and Shepherds under the Gospel may yea ought to chase away and banish these pernicious Foxes these ravenous grievous Wolves Bears Lyons Theeves which devour their flocks and apprehend and kil them too where they see just cause to preserve Christs sheep from being devoured and his flock from being destroyed by them These very Titles wherewith the Scripture brands them being a sufficient warrant for such proceedings We read Exod. 21. 28 29. If an Ox gore a man or woman that they dye then the Ox shal be surely stoned and the owner quit But if the Ox were wont to push with his horn in time past and it hath been testified to his owner and he hath not kept him in but that he hath killed a man or woman the Ox shal be stoned and the OWNER ALSO SHAL BE PUT TO DEATH Certainly if an Ox that kils the body but of one man or woman with his horn must thus be stoned to death and his owner too for not restraining him if he formerly used pushing then much more may seducing Hereticks False Teachers Blasphemers Schismaticks who gore the souls of hundreds to death and those Magistrates who willingly countenance and keep them not in by Laws and Punishments from goring the souls of others that they dye be punished and put to death My tenth Argument shal be this The Apostle informes us Gal. 5. 19 20. That Idolatry Schisms Heresies are works of the flesh not Spirit and couples them with Witchcrafts and Murders adding that those who do such things shal not inherit the Kingdom of God Yea he informes us Rom. 1. 32. That those who commit such things ARE WORTHY OF DEATH And 1 Tim. 1. 9 10. The Law is not made for the righteous man that is to restrain and punish him but for the lawlesse and disobedient for the ungodly and for sinners for the unholy and prophane for murderers of Fathers and murderers of
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
examination beleeving it as an Oracle sent from Heaven because they vent it though there be no ground in Sctipture for it and cry it up for NEW LIGHT when in truth it is onely OLD HERESIE revived or NEW BLASPHEMY or Error guilded over with the name of Gospel-Light How many poor souls Master John Goodwin Master Peters Master Dell Master Saltmarsh Paul Hobson the Taylor now a shining light and their Confederates have thus captivated and led away with blind obedience is too well knowne to the world Ergo by Master Dâ—i's owne Doctrine since they have brought men with their New light and Crotchets â—â— beleeve and doe even what they please or prescribed though they know not whether it be with the Word or against the Word they must be from henceforth quite exploded out of the Church as well as the Magistrates coercive power prisons banishments losse of Goods or death or if they deny this consequence they must still admit of these in the Church to suppresse and punish Herefies Hereticks Schismes Blasphemies though they bring some into blind obedience as Ministers and their erronious New lights daily doe who produce more and farre worse blind obedience then the Magistrates coercive Lawes or Punishments Fiftly it is most evident that there alwayes hath been and ever will be much blind obedience in the Church of God arising principally from the Ignorance Idlenesse want of love to the truth and inconstancy of men and till God himselfe by his Spirit shall fully open the eyes of mens understandings to behold and their hearts to receivâ— love and hold fast the Truth the happinesse of few or none but the Elect they will be still possessed more or lesse with such a Blindnesse This therefore being the misery and punishment of mankind for their originall disobedience to God in Adams sinne of two inevitable blind obediences it is farre better fafer for people to beleeve as the State and Councell shall please and what the Parliament Assembly after much fasting prayer seeking unto God studying and searching of the Scriptures settle then what Mr Dell shall decree who understood not the very meaning of his Text as Mr Love hath proved and scarce of any one Scripture he quotes as I have evidenced or what Master Goodwin Master Peters Master Saltmarsh Paul Hobson or any other New light shall prescribe and set up of themselves without and against Authority especially since they beleeve and prescribe all with a Sâ—epticall Faith and reserve to change and alter at their pleasure and not to be bound by their present judgment or practice which for ought men know may alwayes ring the changes till their knels be rung they having been so variable heretofore and yet not fixed at the last certainly such a blind obedience to the Parliament State Councell and supreame Powers to whom God enjoynes Obedience in all lawfull and indifferent things will be farre more acceptable to God and all good men and freer from the brand of Popish Obedience then blind obedience to Master Dell or any other New Comet whatsoever with wilfull disobedience both to our Church State Parliament Lawes established Religion and Government the practice of the best and purest Churches of ancient and latter times from which these New lights vary out of affected singularity or to maintain a faction to bring about their owne worldly designes Finally the blind obedience of Hereticks Schismaticks false Teachers Sectaries and the like to Lawes and Punishments which would both restraine and reclaime them is farre more acceptable to God more profitable lesse hurtfull lesse damnable to themselves lesse pernicious to others lesse hurtfull scandalous to the Church and State wherein they live and more pleasing unto both then their obstinate Heresies Errors Schismes blasphemies are or can be and may through Gods blessing prove an effectall meanes of their reformation if not of their reall conversion to the Truth therefore ex duobus malis minimum the danger of â—lind obedience must neither exempt such from the Magistrates jurisdiction nor from his corporall or capitall punishments which are just and lawfull in themselves and may prove beneficiall or at lest lesse hurtfull to them of the two Finally the Magistrates compelling Hereticks and Schismaticks seduced to blind Obedience by their blind Leaders to come to the publick Ordinances where they may be truly informed instructed and converted to the truth is so farre from working blind obedience in them that it brings them to true and solid obedience upon just grounds of Scripture reason conviction and so is quite contrary to what is here objected And thus I have blowne up this strong Hold of this great Man of Warre as well as the former His next Objection is this 〈◊〉 Reformation or suppressing Heresies false Doctrines Blasphemies Schismes by externall Censures causes disturbances and tumults in the world when men are caused by outward power to act against their inward principles in the things of God what disturbances this hath bred in States and Kingdomes who knowes not So that they who lay hold on the power of men and goe abovt to reforme hearts and consciences by outward violence are never the cause of Reformation but alwayes of tumult And this renders the cause of the Gospel grievous and odious to the world rather then commendable and therefore let all that love the Gospel of Christ abstaine from outward violence for they that use the Sword in this kind shall in the end perish by the Sword This Argument and misapplication of our Saviours words is borrowed from the old Donatists and late Anabaptists as is evident by August Cont. Lit. Petilian Donatist l. 2. c. 88. Epist 48 50. Lucas Osiander Enchirid. contr cum Anabaptistis c. 9. qu. 1. p. 188. I answer first That this Argument is grounded on deduced from no Text of Scripture but meerly on and from worldly policy which Master Dell tels us must have no place in the Church of God no more then worldly power Secondly as we must not do evil that good may come of it so the Magistrate must not neglect to do justice and punish Hereticks Schismatick Seducers Idolaters and Blasphemers though outward mischiefes seditions tumults which they cause may ensue thereupon Master Dell I hope never preached this Doctrine either to our Victorious General or the Army that the taking up Armes against the King and his Malignant Forces in defence of our Parliament Religion Lawes Liberties would cause very great disturbances tumults murders and distractions in the Kingdome farre more far greater then the suppression of obstinate Hereticks or Schismaticks Ergo it was utterly unlawfull for them to take up Armes or fight or draw blood in this cause as Doctor Ferne and other Royallists argue from this very ground if he had preached any such Doctrine to them no doubt they would have casheered sequestred him longere this for such Malignant Divinity
what he commands a doing of that which is right in his eyes Certainly it was so under the Old Testament I doubt not but it is and wil be the like under the New which no ways contradicts nor revokes this text or the severe proceedings enjoyned by the Old Thirdly Deut. 18. 18. to 22. I wil raise them up a Prophet from among their brethren like unto thee and I wil put my words into his mouth and he shal speak unto them all that I shal commond him c. But the Prophet which shal presume to speak a word in my name which I have not commanded him to speak or that shal speak in the name of other gods even that Prophet SHAL DYE he hath spoken presumptuously thou shalt not be affraid of him From whence I infer First that false Prophets who presume to preach any dangerous Errors or Heresies contrary to the Word of God to draw men unto Error Heresie or False-Worship are by the express Command of God to be put to death by the civil Magistrate as wel as such prophets who speak in the name of other gods For this phrase SHAL DYE here is not intended of a NATURAL DEATH COMMON TO ALL MEN for then it were no special Punishment threatned unto and to be inflicted upon such but a PENAL DEATH judicially inflicted by men as is clear by comparing it with Deut 13. 5. c. 17. 5. Zech. 13. 3. Ier. 26. 8. 11. 16. 23. Exod. 21. 12. 14. Num. 35. 30. Secondly this precept relates principally to false Teachers and Prophets under the Gospel and is not confined only to the times of the Law since the next Verses preceding to which it is subjoyned relate only to Christ himself and his Prophesying in the Flesh as is evident by comparing them with Ioh. 1. 45. Act. 3. 22. 7. 37. and because it is seconded by Zech. 3. 2 3 c. which relates only to the times of the Gospel as I shal prove anon under which False Prophets are to be put to death as wel as under the Law These three Precepts we find seconded with exemplary Executions approved and commanded by God himself The first Example is that we read of Exod. 32. viz. That when the Israelites had committed Idolatry in worshipping the golden calf Vers 26 27 28 29. Moses stood in the Camp and said who is on the Lords side let him come unto mee and all the sons of Levy gathered unto him And he said unto them thus saith the Lord God of Israel put every man his sword by his side and go in and out from gate to gate throughout the Camp and slay every man his brother and every man his companion and every man his neighbor And the children of Levy did according to the word of Moses and there fel of the people that day about three thousand men For Moses had said consecrate your selves to day to the Lord every man upon his son and every man upon his brother that he may bestow upon you a blessing this day Whence observe these two Conclusions First that three thousand Idolatrous Israelites for worshipping the golden calf were upon Gods special command slain by the direction of Moses the chief temporal Magistrate in one day even by the sons of Levi for want of other Executioners and that they spared neither son nor brother nor neighbor guilty of this sin Secondly that this severe execution of Justice upon these Offendors was so pleasing unto God that it pacified his wrath and procured a blessing upon the Executioners and residue of the people as this Chapter and Deut. 33. 8 9. 10. infallibly evidences The second Example is registred in Numb 25. 1. to 15. where we find That the Daughters of Moab called the people of Israel unto the sacrifices of their gods and that the people did eat and bowed down to their god And Israel ioyned himself unto Baal PeoÌ„r and the anger of the Lord was kindled against Israel and the Lord said unto Moses Take all the heads of the people and hang them up before the Lord against the Sun that the fierce anger of the Lord may be turned away from Israel And Moses said unto the Iudges of Israel slay ye every one his men that were â—joâ—ned unto Baal Peor And behold one of the children of Israel even Zimri the son of Salu a Prince of the chief house among the Simionites came and brought unto his brethren a Midianitish woman to wit Coâ—bi the daughter of Zur head over a people and of a chief house in Midian in the sight of Moses and in the sight of all the Congregation of the children of Israel who were weeping before the door of the Tabernacle of the Congregation And when Phineas the son of Eleazar the son of Aaron the priest saw it he rose up from among the Congregation and took a Iavelin in his hand and he went after the man of Israel into his tent and thrust both of them through the man of Israel and the woman through the belly for Peors sake Verse 18. So the plague was stayed from the children of Israel And those that dyed of the plague were about twenty four thousand And the Lord spake unto Moses saying Phineas the son of Eleazar the son of Aaron the Priest hath turned away my wrath from the children of Israel when he was zealous for my sake among them that I consumed not the children of Israel in my jealousie wherefore behold I give unto him my Covenant of peace and he shal have it and his seed after him even the Covenant of an everlasting Priesthood because he was zealous for his God and made an attonement for the children of Israel The first part of this history is thus amplified Deut. 4. 3. Your eyes have seen what the Lord did because of Baal Peor for all the men that followed Baal-Peor the Lord thy God hath destroyed them from among you to wit by the plague and the Sword of Iustice too in the Magistrates hand From which memorable history there are these considerable observations naturally deduceable First that Apostates from Gods true Worship to Idolatry and false Worship are to be executed slain and put to death by the Judges and Civil Magistrate by Gods own special Command Secondly that the Apostacy of Gods own people to Idolatry and the Magistrates connivance thereat is an immediate cause of provoking Gods wrath and bringing down publick plagues and other judgements upon that whole Nation or Kingdom wherein they are not punished Thirdly that Gods own immediate punishing and cutting off Idolaters with a plague is no argument nor excuse at all for the temporal Magistrates sparing or not punishing such with death whose execution is here said to bee stiled Gods own act since they are but his Ministers herein but rather an argument to excite them to the more speedy exemplary punishing of them even with death it self which answers and refels
Altar A memorable example of zeal and reformation after their solemn Covenant And should not we be as zealous after our Covenant against Idolatrous Priests False Prophets Hereticks Apostates Blasphemers as they were against the Priests of Baal The seventh President is enrolled in the 2 CHRON. 15. 9 to 17. where godly King Asa having gathered all Juda and Benjamin and the strangers with them out of Ephraim and Manasseh and out of Simeon to Jerusalem in the fifteenth year of his reign they all entred into a Covenant to seek the Lord God of their Fathers with all their heart and with all their soul That whosoever would not seek the Lord God of Israel SHOVLD BE PVT TO DEATH WHETHER SMAL OR GREAT MAN OR WOMAN And they sware unto the Lord with a loud voice and with shoutings and with trumpets and with cornets And all Judah rejoyced at the Oath for they had sworn with all their heart and sought him with their whole desire and he was found of them and the Lord gave them rest round about And also concerning Maachah the mother of Asa the King he removed her from being Queen because she had made an Idol in a grove and Asa cut down her Idol and stamped it and burnt it at the brook Kidron Whence we shal observe First that this godly King and all his people bound themselves by a solemn Oath and Covenant much like to ours TO PUT ALL Idolaters Apostates Hereticks and Blasphemers and whosoever would not seek the Lord of what quality or sort soever TO DEATH Secondly that this Oath and Covenant was so wel pleasing to God and agreeable to his Law that whereas immediately before their entring into it here was no peace to him that went out nor to him that came in but great vexations were upon all the Inhabitants of the Countries and Nation was destroyed of Nation and City of City as they are now among us for God did vex them with all adversity Vor. 5 6. Yet no sooner was this Oath and Covenant taken but the Lord was found of them and gave them rest round about Verse 15. as no doubt he would do to us were we as zealous against Apostates Idolaters Hereticks Blasphemers against God and the sacred Trinity as they and would put the Ringleaders of such to death whether smal or great whether man or woman as they did Thirdly that Asa did depose his own Queen mother from being Queen for her Idolatry and cut down and burnt her Idol and her grove A memorable example both of zeal and justice to shame the luke warmness the partiality of our times which have connived at and countenanced Queen mother and Queen daughter too in their Idolatries yea erected publick Groâ—es and Chappels for their Idols and Idol-worship Eightly to these I might accumulate EXOD. 23. 23 24. 32. 33 c. 34. 12 13 4 15. NUM 21. 2 3. c. 31. 8. 17. DEUT. 7. 2 3 4 5. c. 12. 2 3. JOSM 23. 5. to 14. JUDG 2. 2. Where God commanded Moses Ioshua and the Israelites his own people when he should deliver the Hittites Gergasites Amarites Canaanites Perâ—zites Hivites Iebusites and Midianites into their hands to smite utterly destroy and slay them with the sword and to make no Covenant with them nor shew mercy unto them and to destroy break down and burn their Altars Groves Images and to make no marriages with their sons or daughters least they should turn them away from following him to serve other gods and so should the anger of the Lord be kindled against them and destroy them sodainly Whereupon they did utterly destroy all the Idolatrous Inhabitants of the Cities they took with the edge of the sword without sparing any but Rahab and her family JOSH. 6. 21 22 24. c. 8. 20. to 30. c. 9. 24 26. c. 10. 1. 10. to the end specially v. 40. c. 11 12. NUM 21. 2 3. c. 31. 16. 17. 2 CHRON. 31. 1 2. as the Lord commanded them From all which Precepts and Presidents as also from JOH 31. 26 27 28. EXOD. 22. 20. He that sacrificeth unto any other god save unto the Lord only HE SHAL BE VTTERLY DESTROYED that is by the Magistrates and people or in their default by God himself it is undeniable that godly Kings and Magistrates under the Law were by Gods own special command to punish obstinate Idolaters Apostates False Prophets and Teachers who seduced or endeavored to seduce the people from the ways truth and true worship of God were they Jews or Gentiles Israelites or Heathens with death and capital punishments to prevent or remove Gods wrath procure his favor and blessing and keep others from pollution and seduction to the ruine of their souls Secondly That they had power to punish Blasphemy and Blasphemers of God even with death by an express Commission from God himself is as clear as the Noonday Sun by these ensuing Texts LEVIT 24. 10. to 17. and the Israâ—litish womans sonne blasphemed the name of the Lord and cursed and they brought him unto Moses and put him in Ward that the mind of the Lord might be shewed them And the Lord spake unto Moses saying bring forth him that hath cursed without the Camp and let all that heard him lay their hands upon his head and let all the Congregation STONE HIM And thou shalt speak unto the children of Israel saying whosoever shal curse his God shal bear his sin And he that blasphemeth the name of the Lord SHAL SURELY BE PUT TO DEATH and ALL THE CONGREGATION SHAL CERTAINLY STONE HIM as wel the stranger as he that is born in the Land WHEN HE BLASPHEMETH THE NAME OF THE LORD SHAL BE PUT TO DEATH A most punctuall Law extending to all blasphemers of God and his name be they Natives or Forraigners of what sex or quality soever coupled in the next Verse with this penal Statute Ver. 17. AND HE THAT KILLETH ANY MAN SHAL BE PVT TO DEATH so that those who at this day question or deny the Magistrates power to put Blasphemers or gross Hereticks who deny Christs Divinity c. whose very assentions are direct blasphemies to death may upon the self-same grounds and with equal reason deny the Magistrates power to put Murtherers to death the one Law being as moral as perpetual as the other Yea the equity of that other Law EXOD. 21. 17. and LEVIT 20. 9. Every one that curseth his father and mother shal SVRELY BE PVT TO DEATH his blood shal be upon him must hold more strongly of him that shal curse and blaspheme his heavenly then his earthy Father in as much as the one is infinitly greater and more to be reverenced feared honored obeyed then the other This Law was so obligatory and Authentick among the Israelites even in the reign of King Ahab and Jezebel that the Nobles and Elders upon Jezebels Letter and the witnesses testimony suborned by her condemned Naboth for that he did blalpheme God
whereupon they carried him forth out of the City and STONED HIM WITH STONES THAT HE DYED 1 KING 21. 5. to 15. Yea the wicked Jews Elders and High-priests who put our Savior to death were so zealous in punishing whatever they reputed blasphemy by coulor of this precept that JOH 10. 31 32 33. The Jews TOOK UP STONES TO STONE CHRIST HIMSELF for BLASPHEMY which they pretended he had spoken AND FOR THAT HE BEING MAN MADE HIMSELF GOD And at his arraignment before his passion MAT. 26. 64 65 66. Christ saying that he was the Son of God thereupon the High Priest rent his clothes saying He hath spoken BLASPHEMY what further need have we of witnesses Behold now ye have heard his BLASPHEMIE What think ye They answered and said HE IS GVILTY OF DEATH An unanswerable proof that Blasphemy even in our Saviors time was a capital crime punishable with death among the Jews and all by vertue of this forecited expresse Law of God Those then must be more unjust then Ahab or Jezebel more impious and lesse zealous then the wicked Jews High Priests or Elders who put Christ to death that dare plead for the exemption of Blasphemers of God or the Trinity from death and capital punishments when God himself hath thus positively commanded That they shal surely and certainly be out to death Thirdly For seditious and obstinate pernicious Schismaticks from the Unity both of the Church and Faith though we find no expresse precept in the Old Testament against them yet we read that God himself sent out a fire and devoured Nadab and Abâ—hu so that they dyed before the Lord because they offred in their censorâ— strange fire before the LORD which he commanded them not LEVIT 10. 1 2 NUM 3. 4. c. 26. 60. 1 CHRO 24. 2. and that God exemplarily destroyed and made the earth to swallow up Corah Dathan and Abiram with their company and families for raising a publike Schism NUM 16. 1. to 41. c. 26. 9 10. PSA 106. 17 18. And such Hereticks and Schismaticks as those fall directly within the Verge and meaning of the forecited Texts against Idolaters False Prophets False-Teachers Apostates from the truth or true worship of God and Blasphemers Heresie it self properly so called being either DOCTRINAL BLASPHEMY or MENTAL IDOLATRY therefore punishable by godly Princes and Magistrates under the Law by vertue of the precedent Texts and so by necessary consequence under the Gospel As for Schismaticks and separate Independent Congregations the Israelites neither knew nor permitted any since they all unanimously met together in one place upon all publick Feastivals Fastings Passeoverâ— and other occasions of solemn worship from which none ever separated upon pretext that all those present were not visible Saints and those who separated from the publike ordinances VVERE TO BE CUT OFF as is clear by EXO 23. 17. c. 35. 1. 4. LEV. 8. 3 4. c. c. 9. 5. c. 16. 33. c. 19. 2. c. NUM 15. 24. c. 27. 1. DEUT. 31. 30. c. 5. 1. c. c. 16. 16. JOSH. 8. 35. c. 23. 2. c. c. 24. 1. to 28. JUDG 2. 5. c. 20. 1. to 26. 1 SAM 7. 3. 5 6. 1 KING 18. 1. 2. to 66. 1 CHRO 13. 1. to 9. c. 15. 3. to 29. c. 25. c. 29. 2 CHRO 5. 2 3. c. 7. 3 4. c. 15. 9. to 16. c. 20. 3 4 5. 27. 28. c. 23. 7. 16 17. c. 24. 9. 10. c. 29. 28. 36. c. 30. 1. to 27. c. 34. 29 30 31 32 33. c. 35. 1. to 20. EZRA 10. 1. c. 5. 9. 12. c. 3. 1. NEH. 8. 1. c. cap. 9. 1. JOEL 2. 15. 16. ZEPH. 2. 1 2. which I wish all Separatists and Independents would wel study and consider My second Argument is this Godly Kings and Magistrates under the Law and Old Testament had power to punish Sabbath-breakers Sorcerers Witches Murtherers Adulterers Wicked doers and disobeyers of the Law of God with temporal and capital punishments Ergo. Christian Magistrates and Princes now have power under the Gospel to punish Idolaters Apostates Hereticks False Teachers obstinate Schismaticks and Blasphemers with corporal and capital punishments The sequel is firm because the same reason holds a like in all and because it is an argument a Minori ad Maju sins against the first second third fourth Commandments as Divines generally accord being more hainous then sins against the second Table because more immediate against the very nature essence and name of God himself and spiritual Sorcerers Witches Murtherers Adulterers such as all Idolaters Hereticks Apostates False Teachers obstinate Schismaticks and Blasphemers are being worse and more dangerous then corporal because they hurt and destroy mens souls and because the forecited and subsequent texts warrant their punishing of these with death as wel as those The antecedent I shall ratifie by these Authorities That Sabbath-breakers WERE TO BE PUNISHED by the Civil Magistrate WITH DEATH is evident by EXOD. 31. 14 15. NUM 15. 32. to 37. That Sorcerers and Witches were to be put to death and not suffred to live is apparant by LEV. 20. 27. DEUT. 18. 10 11. 1 SAM 28. 9. That adulterous and incestuous persons were to be put to death by Gods command by the Magistrate is clear by GEN. 26. 11. c. 38. 24. 25. LEVIT 8. 6. to 30. c. 20. 10. to 19. c. 21. 9. DEUT. 22. 20. to 28. JOH 8. 4 5. That Murderers were to be put to death without mercy is clearly resolved in direct terms GEN. 9. 5 6. EXOD. 21. 12 13 14. LEVIT 24. 17. NUM 35. 15. to 35. 1 KING 2. 31. to 35. In fine godly and zealous King David a man after Gods own heart writes thus of himself PSAL. 101. 8. I wil early destroy ALL THE WICKED of the Land that I may CVT OFF ALL WICKED DOERS FROM THE CITY OF THE LORD If David then as a King yea a type of Christ would thus destroy and cut off with the sword of Justice all the wicked of the Land and all wicked doers from the City of the Lord then certainly he would cut off and destroy all Idolaters Apostates Hereticks False Teachers Blasphemers and obstinate Schismaticks who disturbed the tranquility and obstructed the felicity of the City of the Lord. And why all Christian Princes Magistrates should not do the like under the Gospel as he did under the Law and punish Idolaters Hereticks Apostates Blasphemers c. now with corporal and capital punishments as wel as Sorcerers Murderers and other Malefactors as yet transcends my understanding to conceive My third Argument follows Those things and Persons which Heathen Kings Magistrates Nations and Idolaters themselves by the very light of nature though fit to punish with corporal and capital punishments all Christian Kings Magistrates Nations ought much more to censure in this kind But Heathen Kings Magistrates Nations and Idolaters themselves by the very light of nature have thought fit to punish with corporal
and capital punishments such as adored not those Idol-gods which they worshipped and reputed for the true and such as they deemed Idolaters Apostates Hereticks Schismaticks Blasphemers and open Rebels against God Therefore Christian Kings Magistrates Nations under the Gospel ought much more to do it The Major is evident by its own light and ratified by ROM 2. 14 15. The Minor I shal make good by Scripture testimonies I shall begin with King Artaxerxes his Commission to Ezra c 7. 15 26. And thou Ezra after the wisdom of thy God that is in thine hand set Magistrates and Judges which may judge all the people which are beyond the river all such as know the Law of thy God And whosoever WIL NOT DO THE LAW OF THY GOD and the law of the King let judgement be executed speedily upon him WHETHER IT BE TO DEATH OR TO BANISHMENT OR TO CONFISCATION OF GOODS OR TO IMPRISONMENT Shal a meer Heathen King be so zealous as to enjoyn the Judges and Magistrates under him to inflict these corporal and capital censures upon such as wil not do the Law of God in which number all Idolaters Apostates Hereticks Blasphemers c. are included and shal not Christian Princes Magistrates Judges much more exceed him in their zeal and justice against such transgressors of Gods Law But that Decree of Nebuchadnezzer against blasphemers of God is more emphatical and pathetical DAN 3. 28 29. Then Nebuchadnezzer spake and said blessed be the Lord God of Shadrach Mesach and Abednego who hath sent his Angel and delivered his servants that trusted in him c. Therefore I make a Decree that every people nation and language WHICH SPEAK ANY ERROR or any thing amisse AGAINST THE GOD of Shadrach Meshach and Abednego SHAL BE CUT IN PEECES and THEIR HOUSES SHAL BEE MADE A DUNGHIL because there is no God that can deliver after this sort If this Pagan King out of his transcendent zeal upon the sight but of one miracle was stirred up without any debates or delay to make such a severe decree as this against all those of every people nation and language that did speak any Error or Blasphemy against the true God whom these three worthies then and we now worship shal not this decree of his rise up in Judgement against all those Christian Princes Parliaments Magistrates Judges under the Gospel who professe themselves the worshippers servants children of this true God and yet shal refuse or neglect to make such strickt and severe Decrees against such Hereticks and Blasphemers who maliciously belch out most execrable blasphemies and Errors against God himself and openly maintain them in discourse and writing but especially against those who pretend and stile themselves the ONLY SAINTS and SERVANTS OF GOD how truly let this one act alone declare who professedly plead preach and write against the Corporal and Capital Punishment of such damnable Hereticks Blasphemers and the enacting of any severe Laws against them by the Parliament and civil Magistrates when as this Pagan King by his Decree commanded such to be instantly cut in peeces and their houses to be made a dunghill without any pity or pardon Were Pagan Nebuchadnezzer now alive amongst us he would new heat his Fiery Furnace to warm the kay-cold frozen zeal of such heatlesse New-Lights and zeal-lesse Saints as these or shame them into an emulation of his zeal against such Hereticks and Blasphemers I shal close up this with that saying of Augustine recorded by Gratian Quando vult Deus concitate potestatem adversus Haereticos adversus Schismaticos adversus dissipatores Ecclesiae adversus exsufflatores Christi adversus Blasphematores Christi blasphemi non mirentur quia Deus concitat ut a Sara verbaretur Agar cognoscat se Agar supponat cervicem c. Ad hoc ergo affligitur ut revertatur Nebuchadnezzer Rex decrevit dicens Quicunque dixerint blasphemiam in Deum Sidrac Misac Abednago in interitu erunt domus eorum in dispersione Ecce quomodo Rex alienigena sevit ne blasphemetur Deus Israel qui potuit tres pueros de igne liberare nolunt ut seviant Reges Christiani quia Christus exsufflatur a quo non tres pueri sed totus orbis terrarum cum ipsis regibus a gehennarum igne liberantur Quomodo ergo istireges non moveantur qui non tantum tres pueros attendunt liberatos de flamma sed seipsos de flamma Gehennae quando vident Christum a quo liberati sunt exsufflari a Christianis quando audiunt dici Christiano dic te non esse Christianum Talia facere volunt sed talia pati nolunt Nam videte qualia faciunt qualia patiuntur occidunt animas affliguntur in corpore sempiternas mortes faciunt et temporales se perpeti conqueruntur So in the 1 ESDRAS c. 6. 23. to 34. It is recorded that King Cyrus and Darius by their Royal Decrees commanded the Temple of Jerusalem to be built unto the Lord and offrings and prayers to bee there made to the most high GOD for the King and his children and commanded that whosoever should transgresse yea or make light of any thing afore written out of his own house should a tree be taken and HE THERE ON TO BE HANGED and ALL HIS GOODS TO BE SEISED FOR THE KING O the transcendent zeal of these Heathen Princes against the obstructers or oppugners of Gods true worship and shal not Christian Kings and Magistrates be as zealous against Hereticks Blasphemers Schismaticks Seducers Idolaters who oppugn corrupt his truth and withdraw men from his worship I proceed to Presidents of another Nature We read JUDG 6. 28. to 32. That when Gideon in the night time had thrown down the Altar of Baal and cut down the Grove that was by it in Ophrata the men of the City who worshipped Baal said one to another who hath done this thing and when they had enquired and asked they said Gideon the son of Joash hath done this Then the men of the City said unto Ioash bring out thy son THAT HE MAY DYE BECAUSE HE HATH CAST DOWN THE ALTAR OF BAAL because he hath cut down the Grove that was by it Whence it is evident that these very Idolaters deemed this afront to their Idol-god whom they beleeved adored as the true to be no lesse then a capital offence deserving death So in the 1 KING 18. 13. c. 19. 2. 10. 14. and ROM 11. 3. 4. we find that Idolatrous Queen Iezabel who worshipped Baal as the true God and drew Ahab her husband and his subjects to her Idolatry did slay the Prophets of the Lord with the sword and threw down his Altar and seek the Prophet Elijahs life who was enforced to flie to save it because shee deemed him and the Prophets she slew to be Hereticks False Prophets Blasphemers Opposers of her Idol-Baal and his Idolatrous worship then generally received as the true So DAN 3. 1.
Sacrum an holy War because waged in defence of Religion though Idolatrous to punish the contemners of it Yea this was one cause of the Poloponesian War between the Athenians and Lacedaemonians as Thucidides and Grotius record who assert Justius illi punientur qui in eos quos Deos putant irreverentes atque irreligiosi sunt Hence the Athenians banished Protagoras out of their City and territories and burned his Books in a publick assembly because he had written in the beginning of his Book De diis neque ut sint neque ut non sint habeo dicere Hence Antiochus attempting to rob the Temple of Dodona in Syria was together with his whole army slain by the Inhabitants Hence we read in Aelian of a child condemned to death for Sacriledge and offring injury to the Heathen Goddesse Diana in taking away a Golden Plate which had fallen from her Crown And upon this ground Numa Pompilius as Livy Plutarch and Dionysius Haliâ—arnasseus record instituted a Pontifex Maximus or chief Priest at Rome eique omnia ex scripta ex signataque attribuit quibus hostiis quibus diebus ad quae templa sacra fierent c. Pontificiis scitis subjecit vt esset quo consultum plebs veniret ne quid divini juris negligendo Patrios ritus PEREGRINOS-QVE asciscendo turbaretur ne quid praeter LEGITIMA fiat And upon the like reason when the Romans in the time of Manlius had their bodies infected with diverse diseases and their minds with manifold erroneous Religions and Superstitions this publick shame coming to the knowledge of the chief of the City Cernentes in omnibus vicis sacellisque peregrinâ— atque insolita piacula pacis Deum exposcendae they thereupon commanded the Ediles to take care Vt animadverterent ne qui nisi Romani Dii NEV QVO ALIO MORE QVAM PATRIOCOLERENTVR to preserve Uniformity and avoyd all Innovations in their publike worship which they deemed true Whence I conclude that what Pagan Kings Magistrates Nations have usually punished with corporal or capital punishments and restrained by Civil Laws in all ages out of the light of Nature that Christian Kings Magistrates and Nations under the Gospel may lawfully punish in like sort even by the principles of Nature too had they no other Divine Law to warrant them as they have 'T is true most of these erred in the object in deeming that Heresie Schism Blasphemy Error which was not not in the punishment had the object been such as they really deemed it and such as we here dispute of My fourth Argument is this God hath prophecyed That Idolaters Hereticks and False Prophets under the Gospel shal be put to Death Therefore Christian Kings and Magistrates under the Gospel may lawfully put them to death else these Prophâ—sies should be frustrated and not fulfilled The Antecedent I have already made good in part from DEUT. 18. 15. to 21. which relates to the times of the Gospel But the Prophet which presumes to speak a word in my name which I have not commanded him to speak or that shal speak in the name of other gods EVEN THAT PROPHET SHAL DYE to wit by the sword of Justice which is thus repeated ACT. 3. 22 23. And it shal come to passe that every soul that wil not hear that Prophet SHAL BE DESTROYED FROM AMONG HIS PEOPLE even under the Gospel as wel as under the Law either immediately by the hand of God himself or mediately by the Civil Magistrate and Sword of Justice as The despisers of Moses Law were to be destroyed HEBR. 10. 28 29. compared with this text Whereto I shal now subjoyn ZECH. 13. 1 2 3 c. which speaking thus of the time of CHRIST and of his passion In that day shall a fountain be opened to the house of David for sin and for uncleannesse Awake O sword against my shpherd and against the man that is my fellow saith the Lord of hosts Smite the shepherd and the sheep shal be scattered c. applyed to Christ and the times of the Gospel in the New Testament MAT. 26. 32. MARK 14. 27. 1 PET. 1. 6 7. he adds And it shal come to passe IN THAT DAY of the Gospel saith the Lord of hosts I wil cut off the names of Idols out of the Land and they shal no more be remembred and also I wil cause the Prophets and unclean spirits to passe out of the Land And it shal come to passe that when any shal yet prophesie that HIS FATHER and mother which begat him shal say unto him THOV SHALT NOT LIVE FOR THOV SPEAKEST LYES IN THE NAME OF THE LORD and his FATHER and his Mother that begat him SHAL THRVST HIM THROVGH WHEN HE PROPHESYETH And it shal come to passe in that day that the Prophets shal be ashamed every one of his vision when he hath prophesied neither shall hee wear a rough garment to deceive This Prophesy relates wholy to the times of the Gospel The first part thereof concerning the destruction of Idols and Idolaters was in part fulfilled by the Apostles and others preaching and by Constantine the great his subverting of all Idols Temples Groves Statues by his enacting Laws against their worship and putting Lycinius and his complices qui praelii CONTRADEVM SVSCIPIENDI authores fuerunt to death being first condemned by Martial Law for waging war against God and the Christians as we may read at large in Eusebius The latter part concerning Hereticks and false Prophets who speak lyes in the name of the Lord relates likewise to the times of the Gospel wherein two things are considerable First their judgement and punishment Thou shalt not live and they shal thrust him through when he prophesieth A capital sentence and execution to the very taking away of their lives Secondly The parties who are to pronounce and execute this Judgement his Father and Mother that begat him an expression borrowed from Deut. 13. 6 7 8 9. This may have a threefold interpretation First His natural Father and Mother shal do it if living upon lawful conviction before the Christian Magistrate Secondly His Civil or Ecclesiastical Father and Mother especially if his natural Parents be dead to wit the Christian Magistrate Church and people where he liveth Thirdly his very neerest dearest friends and kindred who must cast aside all affection in the cause of God And this part of the Prophecy was fulfilled under the Gospel by the manygodly Laws of Christian Emperors Kings States in all ages for the punishing of Hereticks and seducing false Teachers with Banishment Imprisonment Burning Death and other corporal censures of which more anon Thirdly the good effect of these corporal censures and punishments upon Idolaters Hereticks and False Prophets is thus expressed in the Text. First The name of Idols shal no more be remembred Secondly The false prophet and unclean spirit shal passe out of the Land Thirdly Every other false prophet
shal be ashamed of his vision and no more wear a rough garment to deceive but give over his false Teaching So that the Magistrates and others severe proceedings by corporal and capital censures against Idolaters and False Prophets is a principal means predicted and ordained by God even under the Gospel to extirpate Idolatry Heresie Errours False Prophets and reclaim such as have been seduced by them I wonder therefore how any man who pretends himself a Chistian a SAINT much more a transcendent NEW LIGHT should dare publikely oppose or privately deny the exercise of such corporall and capitall censures against Hereticks Fals-Teachers Blasphemers c. by Christian Princes and Magistrates under the Gospel which this prophesie so plainly both allows and prescribes upon meer whimâ—icall crotchets of their own warranted by no text We read Josh 1. 18. That the officers of the people with the Reubenites Gadites and half tribe of Manasseh spake thus to Joshua when God had appointed him to succeed Moses in the Government Whosoever he be that doth rebel against thy Commandment and will not hearken unto thy words to do all that thou commandest him HE SHAL BE PVT TO DEATH If he who thus wilfully rebelled against the command of Joshua was to be put to death by the verdict of all the people much more then may such Idolaters Hereticks Apostates Blasphemers and obstinate Schiâ—maticks be put to death who rebell so publickly against the Command and Word of God himself by warrant of all the forecited Texts But some perchance wil object that these Arguments are all drawn from texts in the Old Testament to satisfie them I answer that all the Texts forecited are stil in force under and some of them relate only to the times of the New and so the objection is but frivilous yea exceeding derogatory to the Old Testament of which it seems they make no more account then of an old Almanack out of date Therefore to take away this cavil formerly Answered I shal propound this fifth Argument Apostacy Idolatry Heresie Blasphemy obstinate Schism False Teachers together with false Prophets who are guilty of them are as odious unto God as execrable to all godly Christians as infectious dangerous destructive to peoples souls as apt to provoke Gods wrath and bring down his severe judgements upon whole Churches Nations Kingdoms where they are tolerated perpetrated and are as carefully to be suppressed prevented under the Gospel as they were under the Law Yea Christian Princes Magistrates Republicks power under the Gospel is the same or as large as the authority of godly Kings and Magistrates under the Law Therefore consequently they are to be as severely punished with corporal if not capital punishments under the Gospel by Christian Princes Magistrates Republicks as they were by godly Kings and Magistrates under the Law The sequel is clear from its own light for where there is the self same reason there is ever the self-same law and equity both under the Law and Gospel See Mat. 7. 11 12. Luke 6. 30. to 35. Jam. 2. 10 11. as I have formerly proved p. 2. 3. 5. The Antecedent is undeniable First because the Gospel doth no ways mitigate but rather aggravate the hainousnes of these sins as being committed against greater light and mercy therefore certainly they are as odious as provoking unto God as execrable damnable destructive unto men as pernicious unto whole Churches Nations Kingdomes now as then and in some sence more now then formerly under the Law as is clear by Rom. 1. 18. to the end 1 Cor. 6. 9 10. cap. 10. 7. 9. 11. Gal. 5. 19 20 21. Eph. 5. 5 6. 2 Cor. 6. 14 15 16 17 18. Heb. 2. 2 3. cap. 6. 4. to 9. cap. 10. 26 27 28 29. 2 Pet. 2. 1 2. 12 13. 17. Rom. 2. 10. to 28. Rev. 2. 14 15. 21 22. cap. 17. 16. c. 18. 4. c. 19. 20. compared together Secondly because that Hereticks False Prophets Teachers Schismaticks Seducers are as diligently to be avoyded suppressed under the Gospel as Law they being alike nay more infectious dangerous seducing and pernicious to mens souls now then under the Law as is apparent by all these serious admonitions to beware of them and their seducements which deceive the greatest part of the world and if possible would seduce the very Elect as you may read at leisure in these ensuing texts Mat. 7. 15. cap. 11. 14. cap. 24. 11. 23 24 25. Mar. 13. 21. Luke 17. 23 24. Rom. 16. 17 18. Acts 20. 28. to 32. 2 Thes 2. 3. to 16. EPH. 6. 13. to 19. PHIL. 3. 2. COL 3. 18 19. 1 TIM 4. 1. to 7. 2 TIM 2. 15. 16 17. c. 3. 1. to 10. TIT. 1. 9. to the end HER. 4. 1. 1 PET. 5. 2. 8. 2. COR. 11. 13 14 15. 2 PET. 2. 1. to 22. c. 3. 2 3. 17 18. 1 JOH 2. 18 19. c. 4. 1 2 3. 2 JOH 8. to 12. 3 JOH 10. 11. JUDE 3. to 24. REV. 13. 1. to 18. c. 16. 13 14. c. 17. throughout cap. 18. 9. to 24. c. 19. 20. c. 20. 8. 9. 10. 1 COR. 11. 19. TIT. 3. 10 11. These notable Texts so frequently so earnestly admonishing us to beware of Antichrists Hereticks False Teachers Wolves in sheeps clothing as also forewarning us of their extraordinary diligence power cunning stratagems to deceive and seduce men to their damnable Errors of the multitudes of men they shal seduce and of the extraordinary perilousnesse of the last times under the Gospel when many more erroneous spirits and seducing Hereticks transforming themselves into the Angels of light should arise and spring up every where then did in all former ages under the Law where we read of no such variety of Heresies Blasphemies Errors and dangerous Schisms as have sprouted up and over-spread the whole world under the Gospel is an unanswerable Argument to satisfie all mens consciences who have any care of their own or others souls that not only all godly Ministers and Christians by instruction and admonition but all Christians Princes Magistrates States by severe Laws yea corporal and capital Censures where need is should more diligently suppresse and cut off Heresie Hereticks False Teachers Blasphemers obstinate Schismaticks and Apostates under the Gospel then ever godly Magistrates Princes People did under the Law when these were not so dangerous so numerous so contagious and pernicious as now For as God in the Old Testament is most copious in admonishing men to beware of Idolatry and such False Prophets and Idolaters who would seduce them to worship Idol-gods which then abounded and as godly Princes Magistrates were then most diligent in punishing Idolaters and seducers even with death according to Gods Law which frequently enjoyns them to punish such with death because the sin of Idolatry which then over-spread the heathen world was at that time most common most dangerous and that to which Gods own people most frequently revolted by reason
Princes to give their Judges power only to enquire of and punish offences against their Subjects but not at all to enquire after or punish Treasons Conspiracies and Rebellions against their own Persons Crowns Kingdoms and shall wee deem the most wise and just God guilty of such a Solecism Doubtless as God himself under the Old Testament commanded Idolaters Blasphemers Seducing Prophets and Achan himself to be stoned to death by all Israel and after that burnt with fire for breaking his covenant and medling with the accursed thing and thereby troubling and bringing Gods wrath upon all Israel so as they fled and fell before the men of Ai Josh 7. 25. 27. So by the like reason justice equity commands Christian Princes Magistrates and people under the Gospell to punish obstinate Heretickes Idolaters Blasphemers False Teachers and pernicious Schismaticks who dishonor his name despite his Spirit subvert his Truth corrupt seduce and destroy others trouble the States and Churches wherein they live and bring Gods wrath upon them with like capital punishments when milder remedies wil not prevail and these recited Texts wil be a sufficient Commission to justifie such their proceedings as all the subsequent Authors as wel ancient as modern Protestants as Papists assert My seventh Argument shal be from our Saviors own words Math. 12. 3â— 32. Whosoever speaketh a word against the son of man it shal be forgiven him but whosoever speaketh against the Holy Ghost and the BLASPHEMY against the Holy Ghost SHAL NOT BE FORGIVEN IN THIS WORLD nor in the World to come I have formerly proved from Levit. 24. 10. to 17. and other Texts That Blasphemy was to be punished with death by the Civil Powers under the Law Our Savior by this Expression Shall not be forgiven in this World which cannot be thought superfluous implies if not asserts That Blasphemy against the Holy Ghost should be thus punished by Christian Magistrates under the Gospel even in this world whence some conceive S. John in his first Epistle c. 5. v. 16. phraseth it in this respect among others A sin VNTO DEATH that is a sin to be punished with temporal as wel as eternal death And that our Saviors words Shal not be forgiven him neither in this world c. imply that the Christian Magistrates must not pardon such Blasphemy but punish it with death in this world as is clear by the next words Neither in the world to come So as the plain sense of these words is That Blasphemy and speaking of words against the Holy Ghost shall not bee forgiven by the Magistrates nor Ministers but punished by temporal death and delivery over to Satan the case of Hymenaeus and Alexander in part in this world nor yet pardoned by God but punished by him with eternall death in the world to come Which being the soundest Exposition of these Words in learned mens opinions which no ways prove a Popish Purgatory as the Papists dream will sufficiently warrant the punishment of such Blasphemy by the Christian Magistrate even with death under the Gospel as wel as under the Law My eighth Argument is drawne from Hebrewes 10. 26. to 31. For if wee sinne wilfully after wee have received the knowledge of the Truth there remaineth no more sacrifice for sinne but a certaine fearefull looking for of Judgement and fiery Indignation which shall devoure the Adversary Hee that despised Moses Law DYED WITHOUT MERCY under two or three witnesses and that in case of Idolatry Apostacy and Blasphemy to which this Text relates Deutronomy 13. Verse 6 7 8 9. Chap. 17. 8 9 10. Leviticus 24. Verse 10. to 17. OF HOW MVCH SORER PVNISHMENT suppose yee SHALL HE BE THOVGHT WORTHY Who hath TRODEN VNDER FOOT the Sonne of God and hath counted the blood of the Covenant where with he was sanctified an unholy thing and hath done despite unto the Spirit of Grace For we know him that hath said Vengeance is mine I wil recompence saith the Lord And again The Lord wil judge his people It is a fearful thing to fall into the hands of the living God From this text as likewise from Heb. 2. 1 2. and cap. 6. 1. to 9. which are in some sort paralelled with it it is most apparent First that the sins of Apostacy Blasphemy Heresy contempt of Christ and his blood and despiting of his Spirit by Christians are far more heinous great and more unpardonable under the Gospel then they were under the Law Secondly that they are worthy of much sorer punishment under the Gospel then under the Law Wherefore since those who were guilty of them and despised Moses Law dyed without mercy by the hand of the Magistrate and people under two or three witnesses under the Law those who are guilty of them under the Gospel deserving much sorer punishment may likewise be put to death by the Christian Magistrate without mercy and punished with more severe temporal punishments then any were under the Law because their sin is more hainous and deserves much sorer punishment as the text expresly resolves which I wish our Opposites and all Christian States Magistrates would seriously consider who deem the times of the Gospel times of greater indulgence connivance and mercy towards such capital Transgressors then the times of the Law Thirdly that if Magistrates and others neglect or refuse to punish such enormious Transgressors under the Gospel God himself wil take vengeance on judge and recompence them and they shal fall into the hands of the living God which is a more fearful thing then to fall into the hand of men Now if any should hence infer as our Opposites do that such must be left wholy to the hands judgement and vengeance of God himself who reserves such for his own Tribunal and hath exempted them from the inferior Magistrates Jurisdiction by this text I answer that the text wil warrant no such inference For first it is but a bare recital of Gods own Words in the Old Testament Deut. 32. 35. 39 40 41 42 43. Now in the Old Testament the vengeance punishment inflicted by God himself upon Apostates Idolaters as on the Israelites Midianites Canaanites and others did not exclude but include the Temporal Magistrates Censures and the use of secondary Instruments as is most apparent by Exod. 32. 26. to the end Where Moses SLEW about three thousand men for worshipping the Golden calf and yet God plagued the people for the same sinn too and Numb 25. 3. to 16. Where Moses for the sin of Peor hanged up the heads of the people before the Lord against the Sun the Judges of Israel slew every one his men that were joyned unto Baal Peor and Phineas slew Zimri and Cozbi with a Javelin and yet God himself at the same time slew twenty four thousand more of the people with the Plague for the same sin And by Josh chap. 9. to 13. and Acts 13. 19. Where God himself useth the Israelites to destroy his
upon Traytors Rebels or other Capital Malefactors are and may properly be said to slay them with the breath of their lips with the sword that goeth out of their mouth because this their sentence makes them liable to death and brings death upon them by the hand of the Executioner who hath no power to slay or behead them but only by the Judges sentence the original cause of their execution And in this sense are the other objected Texts to be taken By the breath of his mouth shal he slay the wiched Not by the preaching of the Word and Gospel as Mr Dell mistakes it but by passing inflicting a sentence of Death and Destruction upon them as a Judge sitting upon his Throne In which relation the Christian Magistrates rather theâ— the Ministers are his Vicegerents to whom he hath delegated the condemning and executing power of capital Malefactors of all sorts Rom. 13. 2 3 4. 1 Pet. 2. 13 14. Hence Rev. 17. 10. The ten horns interpreted to be ten Kings v. 12. are those that shal hate the whore and make her desolate and naked and eat her flesh and burn her with fier and the Army of him that sate on the Throne are said to take the beast and false prophet and cast them into a lake of fire and brimstone From these Texts therefore Christian Princes and Magistrates have sufficient warrant to punish Apostates Hereticks False Teachers Blasphemers and other open Enemies of God and his truth with corporal and capital penalties under the Gospel as wel as anciently under the Law Many other Arguments might be deduced from other Texts of Scripture to this purpose but these I trust are sufficient to give satisfaction for the present I shal only add to these Arguments the constant practise of many godly Emperors Kings States who in all ages since they became Christian have enacted Laws and prescribed several pecuniary corporal and capital Punishments and sometimes banishment against Hereticks false Teachers obstinate Schismaticks Apostates and Blasphemers To recite all their Laws at large would swel this Pamphlet into a large Volume I shal give you for the most part but an Epitome of the chiefest of them which the studious may peruse at leisure in the Authors out of which I quote them I shal begin with Laws and Punishments only against Hereticks Apostates false Teachers or obstinate Schismaticks and then proceed to Laws and Punishments against Blasphemy and Blasphemers Constantine the great the first Christian Emperor banished the grand Heretick Arrius and his six followers burned his Books commanding those who concealed them to be put to death and protested he would banish all those who would not subscribe the Decrees of the Councel of Nice made against him After which he made a notable Edict against the Novatians Valentinians Marcianists Paulians Phrygians with all other Hereticks and Schismaticks of his time which being the first formal Law against Hereticks that I find and very ful and seasonable for our present time and Isle wherein this Emperor was both born and crowned I shal transscribe Verbatim out of Eusebius who records it and informs us of the good effects it then produced VICTOR CONSTANTINUS MAX. AVG. HAERETICIS COgnoscite jam per legem quae a me sancita est ô Novatiani Valentiniani Marcionistae Pauliani quique Cataphrygum nomen usurpatis omnes omnino qui per conspirationes a vobis conflatas haereses sectas etiam atque etiam augere conamini cognoscite inquam quibus mendaciis vestrae doctrinae inanitas implicata teneatur quatenus pestiferis quibusdam venenis vestâ—d usque eo inficiatur disciplina vt per eam integri ac valentes ad morbum vivi dutem ad sempiternum interitum abstrahantur O veritatis inimici hostes vitae internecionis authores conciliarii omnia apud vos veritati contraria turpibus consentientia maleficiis ineptiis commenticiis fabulis exultantia Quibus certe mendacia struitis premitis insontes fidelibus veritatis lucem denegatis Nam falsa visione et specie pietatis semper delinquentes omnia contagione vestra contaminatis conscientias integras labe vacuas lethalibus plagis vulneratis ipsum diem poenâ— dixerim hominum oculis adimitis At quid attinet singula persequi cum de vestris flagitiis sicut eorum natura postulat dicere neque temporis angustia neque occupationes quibus districti sumus sinunt Nam scelera vestra adeo grandia adeo immensa sunt adeo etiam turpia omni crudelitate redundantia ut dies integer ad ea explicanda non sufficeret Imo vero ad hujusmodi rebus aures abducere oculosque avertere convenit ne singulorum explanatione syncera incorrupta fidei nostrae professio commaculetur Quid ergo partiemurne ejusmodi malorum contagionem longius serpere praesertim cum longa dilatio faciat ut sani ac valentes ea tanquam pestifero morbo inficiantur Cur igitur non cum maxima celeritate ejusmodi pravitatis ut ita dicam radices animadversione poena publica amputamus Atque quò ista vestrae pestis pernicies longius grassari impediatur per hanc legem mandamus ne quis vestrûm posthac conventus cogere audeat Et propterea etiam jubemus vt universae aedes vestrae in quibus congressus illos celebrare consuevistis penitus evertantur haec cautio eò vim suam porrigat vt non modo non in publicis sed ne in privatis quidem aedisiciis aut in locis ullis separatis hujus vestrae superstitiosae amentiae factiones coeant At verò quod multo praestabilius est si qui vestrum verae syncerae religionis curam habeant ad Catholicam Ecclesiam revertantur ejus sanctitatis sint participes per quam poterunt ad veritatem pervenire fraudulenta vestrae perversae mentis astutia hoc est scelerata perdita Haereticorum Scismaticorum seditio omnino ab hac prospera temporum nostrorum conditione sejungatur Nostrae enim prosperae ac beatae vitae rationi qua dei benificio frumiur est admodum consentaneum vt qui aetatem bona spe sustentatam degant ab omni vago caeco errore ad rectam viam a tenebxis ad lucem ab inscitia ad veritatem a morte denique ad salutem traducantur ac quo provisio haec in curandis erroribus robur firmitatem sibi necessariam assequatur mandavimus ut supra dictum est ut omnia superstitionisvestrae loca in quibus convenire soleatis omnia dico haereticorum templa si modo templa appellare convenit sine recusatione aut controversia diruantur et diruta absque mora catholicae tradantur ecclesiae reliqua loca publico Reip. usui addicantur ne ulla in posterum vobis conventus celebrandi relinquatur faoultas Sit igitur hoc ratum statumque ut post hunc diem in nullo loco vel publico vel
privato nefarii vestri conventus in unum coire audeant The effects of this Decree are thus expressed by Euseb in the next Ch. Ad hunc modum occultae quasi latebrae recessus eorum qui alienam ab Ecclesia catholica doctrinam opinionem tenebant Imperatorio edicto evoluti patuerunt bestiae etiam immanes quae hujus erant impietatis authores exactae Ex illis ver◠qui essent istorum impulsu in fraudem errorem inducti alii Imperatoris minis perterriti fallaci fucata specie in ecclesiam obrepere coeperunt temporum conditioni callide dissimulanter cedentes ac quoniam lex hominum libros perscrutari jusserat tandem manifesto deprehensi fuerunt hi qui vetitas interdictas illas artes ad hommum perniciem comparatas consectati fuissent qua de re omnibus ut dicitur opibus viribusque claborant ut simulatione sibi salutem adipiscerentur Alii forte ad spem quae in deo Opt. Max. poni debet verè ex animo se transferre quos cum ecclesiarum praesides accurate internoscere studerent alteros ovium pellibus obtectos adumbrata specie se insinuare conantes procul amandarunt alteros vero qui idem integra incorrupta mente instituerent ubi temporis longinquitate explorando de illis satis exquisite periculum fecissent in multitudinem ascititiorum ascripserunt Hoc modo cum illis qui alienam ab ecclesia opinionem doctrinam sequebantur actum est alios autem qui dum in eorum dogmatum disciplina versabantur nihil concepissent impietatis sed scismaticorum culpa se temerè a communi Ecclesiae congregatione frequentia sejunxissent abiecta omni cunctatione in Ecclesiam receperynt Hi igitur gregatim tanquam ex colonia revertentes suam recuperarunt patriam Ecclesiam matrem agnoverunt A qua diu aberrantes cum gaudio laetitia ad eam redierunt membraque cōmunis corporis fuere in unum coagmentata concordiae quasi compagibus firme copulata solaque catholica Dei Ecclesia in so coalescens tum resplenduit cum nusquam Gentium vel Haereticae vel Scismaticae factionis vestigium reliquum quidem esset Cujus praeclari facinoris causam Imperatoris Deo cui solus ex omnibus Imperatoribus qui aliquando extitissent curae erat acceptam plane retulit This was the good effect of this Emperors Edict a sufficient encouragement to others to imitate his Example who likewise suppressed the seditious tumults and attempts of Hereticks by banishing them into remote parts and punished the Jews with severe corporal punishments for their attempts against Christians and Christian Religion and endeavoring to repair the Temple at Jerusalem The Sons of Constantine the great prohibited under pain of death that none should be circumcised after the maaner of the Jews The Emperors Gratianus Valentinian and Theodosius the Elder and Yonger as they expelled the Arian Bishops and Ministers out of their Churches and placed orthodox Bishops Pastors in their stead so they made Laws against them prohibiting their meetings banishing them the City and interdicting their Ministry Which Laws are recorded by Justinian Codicis lib. 1. Tit. 4. Lex 1 2. Yea the Emperors Arcadius Gratianus Valentinian Theodosius Anastatius Marcianus and Justinian made sundry Laws against the Manichees Apollinarians Novatians Eunomians Valentinians Montanists Priscillianists Marcionists Eutichians Donatists Paulians Euchratists AND OTHER HERETICKS TO THIS EFFECT That they should neither preach nor speak of their Heresies nor exercise their Ministry nor vent any thing against the orthodox truth nor keep any assemblies in Churches or private houses under pain of confiscation of the places where they assembled and they were to forfeit an hundred pounds of gold to the Emperor and fifty to the President that all their goods Liberties Offices Titles should be forfeited that they should inherit no lands nor have power of buying selling or contracting after conviction nor to make any Will or Codicil IN MORTEM QUOQUE Inquisitio TENDATUR And that they should likewise be put to death their crime being greater then treason against the Emperor That the believers receivers defendors and favourers of Hereticks be excommunicated for the same and not conforming within one years space should be accounted infamous and not be admitted to any publick offices Councels Elections nor to give testimony in any case nor have power to make a Will nor to injoy Lands as heirs and successors to any person nor have power to implead any man in any Court nor to be Advocaters or Registers That those Hereticks should injoy no Military nor Civil Office that all their Heretical Books some of their Persons to should be publickly burnt that the Manichees VLTIMO SVPPLISIO traderentur quoniam his nihil relinquendum loci est in quo ipsis etiam elementis fiat iniuria And they further Enacted That if any condemned Hereticks gathered Churches or raised any tumults to the disturbance of the publick peace Vt seditionis auctores pacisque turbatae Ecclesiae ETIAM MAIESTATIS CAPITE AC SANGVINE SINT SVPPLICIA LVITVRI They were to be punished as authors of Sedition disturbers of the publick peace and guilty of Treason with the loss of their heads and blood These several Laws are more largely recorded in Justinian Codic lib. 1. Tit. 8. De Haereticis Manichaeis Codex Theodosij lib. 16. Tit. 1. 4. The self-same Emperor together with the Emperor Constantius Enacted the like Laws and inflicted the self-same punishments upon Apostates from the Orthodox Faith to Paganism to Heresie and Judaism registred at large by Justinian Cod. lib. 1. Tit. 10. De Apostatis where you may peruse them and in Codex Theodosii lib. 16. Tit. 6 7 8. These Emperors likewise Enacted severe Laws for the suppression of Idolatry and Pagan Religion and the Emperors Constantius and Julian Enacted this capital Law PAENA CAPITIS subjugari praeeipimus eos quos operam sacrifitiis dare vel colere simulacra constiterit Codex Theodosii lib. 16. Tit. 8. lex 6. These Edicts of theirs suppressed destroyed the Eutichian Nestorian with other of these Heresies as the historians of that age relate and Leo. Epist 38. 39. to the Emperor Marcianus and Pulcheria the Empress testify and Epist 91. The good effects of these Laws that they reclaimed converted many from their Heresies and Errors and made them real converts is at large recorded by Saint Augustin in his 48. 50. Epistles this experimental good fruit of them inducing him thus to retract his former opinion against punishing Hereticks with corporal punishments Sunt duo libri mei quorum titulus est Contra partem Donati in quorum primo libro dixi non mihi placere ullius secularis potestatis impetu Scismaticis ad communionem violenter vehementerque arctari Quod verè tunc mihi non placebat quia nondum expertus eram vel quantum mali eorum
auderet impunitas vel quantum eis in melius mutandis conferre posset diligentin disciplina Sed haec opinio mea nec contradicentium verbis sed demonstrantium superabatur exemplis Primò mihi opporrebatur civitas mea quae cum tota esset in parte Donati AD VNITATEM CATHOLICAM TIMORE LEGVM IMPERIALIVM CONVERSAEST quam nunc videmus ita hujus vestra animâ—fiâ—aâ—iâ— perniciem detestari vt in ea nunquam suisse credatur Ita aliae multae quae mihi nominatim commemorabantur vt ipsit rebus agnoscerem etiam in hac causa restè intelligi posse quod scriptum est Da sapienti occasionem sapientior erit c. which he seconds in the same Epistle and Epist 50. About the year of our Lord 430. Divert of the Schismatical Dotatists were slain and put to death for their Sedition Schisme and Violences which Saint Augustin deemed lawful and justified at the last when he perceived their Schism and mischeifs could not else be suppressed though he were formerly of another opinion The Emperors â— Honorius and Theodosius made a Law for the Ganishing and Punishment of Pelagius and Câ—lestius the Broachers of the Pelagian Heresy and their followers wherein there is this notable claus Hos ergo reperâ—â—â— ubicunque de hoc tam nefando scelere conferentes a quibuscunque jubemus corripi deductosque ad audientiam publicam promiscuè ab omnibus accusari ita vt probationem convicti criminis stilus publicus insequatur ipsis inexerati exilii deportatione damnatis Decet enim originem vitii a conventu publico sequestral nec in communi eos celebritate consistere qui non solum facto nefario detestandi verum etiam exemplo venenati spiritus sunt cavendi Juvat autem per omnem penè mundum qua Imperium nostrum extenditur hujusmodi proâ—â—â—lgata diffundi Ne scientiae fortasse dissimulatio pastum praestet errori atque impunè se quisque putet audire quod condemnatum rigore publico sese finxeret ignorare Datum pridie Callendas Maiias Ravennae D D. N N. Honorio XII Theodosio VIII Augustis Consulibus Whereupon Palladius in pursuance of this Law made this Edict Exemplar Edicti propositi a Palladio Praefecto Praetorio Junius Quartus Palladius Monaxius Agricola iterum Praefecti Praetotorio edixerunt In Pelagium atque Coelestium Catholici dogmatis fidem scaevis tractatibus destruentes sententia principalis invalnit vt venerabili Vrbe submoti bonorum concilio mulctarentur Hoc igitur omnes admoneri oportet Edicto ne quis sinistrae persuasionis erroribus praestet assensum Et si sit ille plebeius ac clericus qui in caliginis hujus obscaena reciderit â quocunque tractus ad Judicem sine accusatricis discretione personae facultatum publicatione nudains irrevocabile patietur Exilium Num superâ—a Majest as vt colligit ex secreti ignor atione reverentiam it a ex incepta disputationâ— injuriam Manes the Heretick a Persian born the first author of the Heresie of the Manichees about the fourth year of Aurelion the Emperor grew to that madnesse at last as to stile himself Christ and the holy Ghost and chose him twelve Disciples with whom he travelled over the Kingdom of Persia from whence being expelled as a manifest contemner of God he was at last apprehended by command of the King of Persia and subjected to a Persian punishment having his skin flayed off his body and then cast unto the dogs naked to be devoured of them An end suitable to his damnable Heresies and Blasphemies his skinne was afterwards stuffed with Reeds and kept for a monument to deterr others Justinian the Emperor condemned Severus by a promulged Law and appointed most grievous Punishments for his Followers The Emperor Justin caused the Arian Heresie and Arians to be extirpated and gave their Churches to the Orthodox Christians And the Heretick Priscillian was slain by Maximus the Emperor Theodoricus Apher inflicted Capital punishment upon his Deacon who being Orthodox at first Apostatized to the Arian Heresie hoping to gratifie his Lord saying If thou hast not kept thy faith to God how shalt thou keep a sincere conscience to man Constantine the Nephew of Constantius severely suppressed and punished both the Clergy and Laity Princes and Prelates infected with the Heresie of the Acephali and Monothelites And the whole Senate and City of Constantinople about his time banished Pirrhus a wicked and Hereticall Bishop King Reccaredus and the third Council of Toledo in Spain Decreed that if any Clergyman violated the Decrees of that Council which setled all the Churches belonging to the Arians upon the Orthodox among other things that he should be excommunicated if a Bishop or a Clergy-man by all the Council if a Lay-man of any rank or quality that he should forfeit half his goods to the King if a person of mean quality that he should forfeit all his goods and be banished King Eringius in his Edict for the confirmation of the thirteenth Council of Toledo Enacted That the enfringer of the Constitutions thereof should be excommunicated and likewise forfeit the tenth part of his goods and if he had not goods sufficient to pay his fine then hee was to bee publickly whipt and receive fifty stripes and to bee ever after reputed infamous In the Code of the Laws of the Wisigothes lib. 12. collected and published in the first year of the reign of King Eringius I find many Laws to suppress Judaism the impiety of the Jews and their contempts against Christian Religion under divers Corporal Capital Punishments besides Confiscation of their goods and among other of these Laws there is this capital one against such Christians as shal be circumcised and apostatize to Judaism Tit. 2. Lex 17. De Judaizantibus Christianis Sicut deflendum est a Christianis eorum scelus qui in Christo praevaricatores existunt ita modis omnibus decernendum ut nullus omnino veniam mereatur qui a meliori proposito ad deterius declinasse convincetur Quia ergo crudelis est stupenda praesumptio crudeliori debet extirpari supplicio ideo legis hujus edicto decernimus ut quicunque Christianus praesertim à Christianis parentibus ortus sexus scilicet utriusque circumcisionem vel quoscunque ritus Judaicos exercuisse repertus est vel quod Deus avertat potuerit ulterius reperire conspiratione zelo Catholicorum tam novis atrocibus poenis afflictus turpissima morte perimatur quà m horrendum execrabile malum est quod ab eo constat nequissimé perpetratum Eorum verò bona sibi proculdubio fiscus adsumat si haeredes vel propinquos talium personarum facri hujus error consentiendo commaculet And Tit. 3. Lex 4. Si quis Judaeorum ritu suo Pascha celebraverit centenis verberatur flagellis turpiter decalvaetus Exilio diutino mancipetur ejus res fisco adsociandae
so much as the least pitty The PIOVS RIGOR OF THIS SEVERITY not only PURGED the Kingdome of England of that Plague which had already crept into it BVT ALSO PREVENTED THAT IT SHOULD NO MORE CREEP INTO IT BY THE TERROR STRUCK INTO THE HERETIKES So our Nubrigensis whose words I have faithfully englished The forraign Sectaries thus severely punished were no other then professed Anabaptists and schismatickes pronounced hereticks for their obstinacy Their punishment was harsh yet deemed just and necessary in those times and it had this good issue which may induce us now to a fitting and just severity against obstinate Hereticks Schismaticks Blasphemers Anabaptists it suppressed the spreading of their pestilent Errors for the present in England and preserved it safe from their infection for the future Timely and discreet Flebotomie is ever the best cure against this Gangraene of obstinate Schisme and Heresie Only this I shall observe by the way that these Anabaptists for ought I find never pretended that the King and civill Magistrates had no power to punish them for matters of Religion as our Anabaptists and Sectaries now plead and write The sinnes of Heresy and Apostacy were so odious in this our Realm that by the very ancient common Law of England they deserved were punishable with death yea the soarest death of all others BURNING as being no lesse then High Treason against the King of heaven and Gravius est aeternam quam temporalem laedere majestatem That these were thus punishable by the very common Law of England before the Statute of 5. R. 2. Stat. 2. c. 5. surreptitiously procured without the Commons assent and repealed the next Parliament or the Statutes of 2. H. 4. c. 15. and 2. H. 5. c. 7. is apparent unto me by the Authority of our ancient Law Bookes I read in Bracton l. 3. c. 9. f. 123 124. who writ in King Henry the 3. his reigne That if a Clergy man be convicted of Apostacy he shall be for it depriued and afterwards per manum laicalem COMBVRATVR he shall be burnt by the hands of Laymen as it hapned in the Councell of Oxford under Stephen Archbishop of Canterbury to a certain Deacon who became an APOSTATE for a certain Jew who when he bad been degraded by the Bishops statim fuit JGNI TRADITUS per manum Laiâ—â—lem he was presently delivered to the fire by Lay hands And c. 23. f. 144. b. The Jewes may circumcise their owne sonns but not a man of another religion for if they do it they shall be gelt by way of punishment I read that in the Councell held at Oxford An. 1222. in the 6. year of Henry the 3. under Stephen Archibishop of Canterbury an execrable Impostor was convented before him who suffered himselfe to be wounded in his hands feet and side that by the resemblance of these bloody impressions he might perswade the people he was their Saviour who being condemned by the Councell was immured between two walls as a Monster too impious and unworthy to dye by humane hands and another who pretended her selfe to be Mary the mother of Christ and a third who pretended her self to be Mary Magdalen were immured with him Matthew Paris Matthew Parker and others write that they were crucified And Mat. Paris relates that Grosthead Bishop of Lincolne lying on his deathbed An. 50. of Henry the 3. pronounced the Pope to be an Heretick and the Friars Nunnes and Preachers also to be Hereticks for not opposing but favoring him and concluded thereupon with R m. 1. verse last qui talia agunt consentiunt DIGNI SUNT MORTE Therefore in those daies Hereticks were deemed worthy to dye as well temporally as eternally which confirmes that in his time Hereticks deserved to be put to death John Britton Bishop of Hereford Doctor both of the civil and canon Law who writ a Book of the Lawes of England then in use about the 5. year of King Edward the first by the Kings command lib. 1. cap. 9. De Arsouns or persons that were to be burned by judgement of Law informs us That such who burned houses in times of peace and were therof convicted shall be burned so as they shall be punished by the selfesame thing wherein they offend And THE SAME JUDGEMENT have Sorcerers and Sorceresses and Sodomites and MISCREANTS or HERETICKS openly attainted who are to be enquired after And this was no new Law as appears by the preamble of the King to this Booke but les leys que len ad use en nostre Royalme AVANT SES HOVRES Therefore it is cleare by this Authority that the burning of Hereticks was in use before this Kings reigne though we find few or no presidents of it and inquirable by the Justices and other temporall Officers of the King as Britton writes in this chapter but not by the Bishops and Clergy further then to Excommunicate them Andrew Horne in his Myrrour of Justices written in the end of King Edward the first or at least in King Edward the second his reigne hath these severall passages concerning Heresy and its punishment as Chap. 1. Sect. 4. p. 21 22 23. where speaking of Crimes and their Division of the Crime of Treason he writes thus Crime of Majesty or Treason is an horrible sinne done to the King and this is either to the KING CAELESTIAL or Terrestriall Against the King of heaven in three manners by HERESY Sorcery Sodomy HERESY is an evill and false beliefe arising from Error in the right Christian faith In this sinne is Sorcery and Divination which are members of heresy and arise from an evill beliefe After which he enumerates the severall sorts of Sorceries and Divinations contrary to the Law of God and the Church and to the right faith for which they are to be apprehended and removed from among the people of God that so no good Christian may be taken with their act nor partner with their sinne Chap. 2. Sect. 22. p. 141 142. he writes thus Of the Crime of Treason or Majesty there is no especiall or large Enditement but OF HERESY and Sorcery Of which if any be indited and drawn into judgment this is the Inditement pronounceable for the King by any of his people in this manner according as it is found IN THE ROLLES OF ANCIENT KINGS I say Sebourge here is defamed by good people of the THE CRIME OF HERESY for this that from an ill art and beliefe forbidden and by charmes and enchantment he took from Brightient by name on such a day c. the flower of his beare by which he lost the vent c. Or thus Molling who is here is defamed by good men that on such a day c. he renounced his baptisme and caused himselfe to be circumcised and became a Jew or Saracen or offered or sacrificed unto Mahomet in despite of God and in damnation of his soule and this sinne he did FELONIOVSLY
c. And if he will deny it I am ready to prove it for the King as belongs to the King to do Chap. 4. Sect 11. p. 42. he defines that deadly sinnes are to be punished with death and mortall paine and that such punishments are warranted by the old Testament and to be inflicted to prevent eternall death After which Sect. 14. p. 252. Of the punishment of Treason he determines thus That Sodomy is to be punished with burying the party alive under ground Sorcery by burning in the fire The JVDGEMENT OF HERESY is fourfold The 1. is Excommunication the 2. Degradation the 3. Disinherison the 4. dee' ARSE en Cinders TO BE BVRNED TO ASHES By this punctuall Authority of Horne it is most cleare to me First that Hereticks and Apostates as well as Sodomites and Sorcerers even as they were Hereticks were inditable and triable at the Kings suite in the King Courts by the very common Law of England without any precedent conviction of Heresie by the Ordinary of the Diocesse or by a Nationall or Provinciall Synod and that the Judges of the common Law when any Heretick or Apostate was to be proceeded against criminally and capitally for his life were to judge what was Heresie and what not not the Bishops or Synod only as well as in the case of a r Prohibition or Habeas Corpus 2. That such Inditements were usuall and a set forme of them used and pursued in Edward the first his raigne and were then to be found in the Rolls of ancient Kings long before him therefore were then of long of ancient use and warranted by the ancient common Law of England before his raigne 3. That the Bishops and Clergy could punish heresie onely with Excommunication and Degradation not with death ◠4. That by the ancient Common Law of England in Edward the first his reign and in the reigne of ancient Kings before him Heresy as heresy and Sorcery only as Heresie and a branch thereof and under the name of heresy was inditable in the Kings Court at the Kings suite and punished with burning to death and so the writ De Haeretico Comburendo if necessary when grounded upon the Judges sentence warranted by the common Law and the judgement of burning given by it long before any Statute made against Heresy in the reigne of Richard the second or Henry the fourth 5. That Hereticks and Apostates who are such indeed may at this day be indicted for their heresy and Apostacy in the Kings Bench or at the Assises by the very common Law of England and upon sufficient proofes be there convicted condemned and adjudged to be burnt this power of the Judges at common Law to try and condemne Hereticks being not now restrained by any Statute nor taken away by the Statute of 1. Eliz. cap. 1. which repeales all former Statutes against Hereticks or Heresy which only concerned Bishops Ordinaries and their proccedings in case of Heresie grounded on them not the King or his Judges The next Authority I shall cite is that of Fleta written by a learned Lawyer imprisoned in the Fleet as Sir Edward Cooke informes us in Edward the third his raigne and taken for the most part out of Bracton lib. 1. cap. 3. Christiani Apostatae Sortilegii hujusmodi DEBENT COMBVRI Contrahentes verò cum Judaeis vel Judaeabus pecorantes Sodomitae in terra vivi confodiantur per testimonium legale vel publicè convicti A cleare Authority that Apostates which comprehends all such as fall into Heresy Judaisme or Paganisme after they have embraced the true Christian orthodox faith South-sayers and such like which comprehends Hereticks likewise OVGHT TO BE BURNT even by the common Law then in use and that Christian who turned Jewes and Sodomites were to be buried alive After this Wickliffe and his followers called Lollards infesting the Pope and Prelates with their Doctrines and invectives against their Antichristian Tenets and impostures they being greatly favored by some Nobles and eminent Knights about the end of the reigne of King Edward the 3. and beginning of Richard the second the Prelates bearing then great sway in the Kingdome not daring to trust the Judges with the Triall of these New Hereticks as they stiled them taking hold of the President in the Councell at Oxford in King Henry the seconds raigne forecited and of the practise of the Pope and Popish Prelates in forraign parts took upon them in their Synods Convocations and likewise in private Consistories to condemne these Lollards for hereticks and upon their sentence there passed without any Inditement or triall at the common Law procured a writ which they might easily do being then Lord Chancellors and Lord Privie Seales for the most part De Haeretico comburendo to be directed in the Kings name to the Sheriffes of Counties and Mayors of Towns to burn such for Hereticks whom they alone had thus condemned before there was any Statute chiefly upon this ground that hereticks by the judgment of the common Law upon Inditements and Convictions in the Kings Courts were to be burned This is evident not onely by the Bishops proceedings in their Consistories against John Wickliffe John Aston Philip Repington Nicholas Harford William Swinderby and Walter Brute but also by that forme of writ de Haeretico Comburendo mentioned in Fitzherberts Natura Brevium f. 269. c. which was made in Parliament by the King and Lords for the burning of William Sautre a godly Martyr condemned of heresie in the Convocation at the earnest sollicitation of Thomas Arundel Archbishop of Canterbury in the 2. year of King Henry the fourth and burned by vertue of this writ the first Martyr we read of burnt by vertue of such a writ granted meerly upon a sentence given by the Prelates themselves without an Inditement and Judgment at Common Law This writ for his burning made without the Commons is thus translated into English by Mr. Fox The King c. to the Mayor and Sheriffs of Loadon greeting y Whereas the reverend Father Thomas Archbishop of Canterbury Primate of England and Legate of the Apostolike Sea by the assent consent and counsell of other Bishops his Brothers Suffragans and also of all the whole Clergy within his Province gathered together in his provinciall Councell the DUE ORDER OF LAW BEING OBSERVED in all points in this behalfe hath denounced and declared by his definitive sentence William Sautre sometimes Chaplaine fallen again into damnable heresie the said William had abjured thereupon to be A MOST MANIFEST HERETICK and therefore hath decreed that he should be degraded and hath for the same cause degraded him from all prerogative and priviledge of the Clergy decreeing to leave him unto the secular power and hath really so left him ACCORDING TO THE LAWES AND CANONICALL SANCTIONS SET FORTH IN THIS BEHALFE We therefore BEING ZEALOVS IN RELIGION and REVEREND LOVERS OF THE CATHOLIKE FAITH and of Justice
willing and minding to maintain and defend the holy Church and the Lawes and Statutes of the same TO ROOT ALL SVCH ERRORS and HERESIES OUT OF OUR KINGDOME OF ENGLAND as much as in us lies and the hereticks so convicted to punish WITH CONDIGNE PUNISHMENT and considering that such hereticks convicted and condemned in forme aforesaid both ACCORDING TO THE LAW OF GOD AND MAN AND THE CANONICALL INSTITUTIONS IN THIS CASE ACCUSTOMED OUGHT TO BE BURNED WITH FIRE We command you as straitly as we may or can firmely injoyning you that you do cause the said William being in your custody in some publike and open place within the Liberties of your City aforesaid the cause aforesaid being published to the people TO BE PVT INTO THE FIRE and IN THE SAME FIRE REALLY TO BE BVRNED to the great horror of his offence and the manifest example of other Christians and this upon the perill that will fall thereupon you may by no means omit Teste Rege apud Westm 26. Febr. Anno Regni sui 2. This condemnation of Sautry and writ for his burning was in time before the Statute of 2. H. 4. passed in Parliament and was made by advise of the Lords Temporall in Parliament only without the Commons as the Parliament roll demonstrates Soone after which one John Badby was likewise burned by vertue of a like writ and sundry others after him From this writ I shall observe First that by the Canonicall Law and Sanctions generally used and received in England and in forraign parts Bishops both in their Synods and Consistories usurped authority to convict condemn Hereticks and deliver them over to the secular power to be corporally punished which is further cleared by the expresse words of the Statute of 2. H. 4. cap. 15. but they could neither attach nor imprison them before that Act in this Kingdome 2. That the burning of Hereticks with fire was not introduced by the Statute of 2. H. 4. or this writ then first made by advise of the Temporall Lords but was a punishment accustomed in this case according to the Law of God and man and canonicall institutions used in this Realme long before this Act made as the very words of the writ compared with this Statute of 2. H. 4. made in Parliament in the same yeare soone after this Writ attest 3. That this writ framed in Parliament for Sautry onely not others made in time somewhat before this Statute the same Parliament makes no recitall at all of this Statute as it ought to do if grounded on it therfore not ordained by it What alterations then did this Statute make of the Law in former times used in this case only these First it gave power to Ordinaries and Diocesans to cause to be arrested and kept in safe custody such who were suspected or defamed of Heresy or keeping hereticall Bookes and writings till they did canonically purge themselves or abjure their heresies 2. It gave them power to fine such persons to the King 3. If any person convicted before them of heresie refused to abjure his Heresy or relapsed againe into it after abjuration it gave them Authority to turne him over to the secâ—lar Court and after sentence of Heresie passed against him in the presence of the Sheriffe of the Shiere or Mayor or Sheriffes and Bayly of the Corporation where such Heretick was proceeded against whom this Act enacted the Diocesan or his Commissary to summon to be personally present at the sentencing of Hereticks it enjoyned these secular Officers to give assistance to the Diocesan of the same place and his Commissaries in this case and without any further Inditement triall or judgement at common Law formerly used in cases of heresie when capitally proceeded against after such sentence pronounced without any writ de Haeretico Comburendo to receive the same person so sentenced into their custody and to cause him to be burnt in an high place before the people that such punishment might strike feare into the minds of others to deterre them from such wicked Doctrines and hereticall erroneous opinions and the said Sheriffs Majors and Bayliffs of Counties Citties Burroughs and Townes were to be attending ayding and assisting to the Diocesans and Commissaries in such cases which they were not bound to be before as appeares by the expresse words of the Act. 4ly It gave every Bishop and his Commissary power to question and condemne Hereticks in their Consistories and then to deliver them over to the secular powers to be burned which none but a Synod or Convocation for ought appeares by any Presidents could do before So as the maine alteration wrought by this Act was That these temporall Officers were to be â—…ending ayding and assisting to the Ordinaries and their Commissaries and present at their sentence given against Hereticks and after sentence passed by them alone without any indictment Iudgement verdict at Common Law or Writ of the Kings to burne them to Ashes by which the lives of all were made subject to the Convocations yea to every Ordinaries and Commissaries power alone and that without and before any lawfull triall by their Peers or any legall indictment or conviction â—ccording to the Law of the Land contrary to Magna Charta ch 29. 5. Ed. 3. â— 9. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 15. E. 3. Stat. 1. c. 3. 4. 37. E. 3. c. 18. 42. E. 3. c. 3. This was the great grievance introduced by this Act and the cause of its repeale and of all other Statutes of this kinde by 1. Eliz. c. 1. So as this Statute of Hen. the fourth was no â—â—tâ—oduction of a new Law but only a confirmation of the Common Law as to the punishment it selfe of burning Hereticks as is evident by the premiâ—e though introductive of a new Law in the manner of proceeding and other precedeâ—t reâ—pect And in this sence Mr. Fox his words are tâ—â—e That hithe to â— till the making of 5. R. 2. 2 H. 4. The Popish Clergie had not authority sufficient by any Politick Law or Statute of this Land to proceed unto death against any person whatsoever in case of Religion but only by the usurped tyranny and example of the Court of Rome But yet the King and his Iudges had power to proceed against imprison and burne Hereticks to death by the Common Law though the Ordinary had not as I have proved This law gave the Ordinaries and Clergy a new power in this respect to condeme and burn such as they held Herticks which they had not before Hence the Pope sent his Letters to King Richard the second to suppresse Wiccliffe and his followers and bring them to condigne punishment and to be assistant to the Bishops herein qui in prosecutione istius negotij noscuntur favore AVXILIO TVAE CELSITVDINIS INDIGERE Whereupon the King writ Letters to the Vniversity and Chauncellor of Oxford to apprehend imprison and convict them
for their tenents which they could not doe but by this royall command by any Ecclesiasticall Iurisdiction then in use Fitzherbert a learned Iudge in his Natura Brevium written in Henry the 8. his Raigne fol. 269. determines thus Note it appeares by Britton in his Booke that Hereticks shall be burned and it appeares by that Booke THAT THIS IS THE COMMON LAW But Note that the person who shall bee burnt for Heresie ought to be first convicted thereof by the Bishop which is his Diocesan where he abides abjure the same after if he relapse into this Heresie or any other be condemned thereof in the said Diocesse then he shal be delivered to the secular power by the Clergy to do with him as the King shall please and then it is like the King may pardon him if he will or grant a Writ De Haeretico comburendo to burne him Then reciting the ancient forme of the Writ forecited he proceeds thus And by this Writ it appeares that a Man ought to be convicted of Heresie by the Archbishop and all the Clergy of his Province abjured of the same and after newly convicted condemned by the Clergie of his province and that in their generall Councell of Convocation But now by the Statute of 2. H. 4. c. 15. it is ordained that any Bishop in his Dioâ— may convict a man of Heresie and adjure him after relapse newly convict condemne him thereof and warne the Sheriffe or other Officer to take and put him into the fire c. and this the Sheriffe or other Officer ought to do by the Bishops precept and that Without any Writ to be directed to them By the King to doe iâ— And this is the cause as it seems that this writ is not put in the new Registers because this writ will not serve nor ought to be sued at this day but it is void and nul in Law by reason of this Act. But now by the Statute made in 25. H. 8. c. 14. this Statute of 2. H. 4 is repealed and made voyd and now it is ordained by this last Statute that he who is abjured of Heresie and after falls in relaps and is convicted of it before the Ordinary that yet the Ordinary ought not to commit him to the lay power to burne him without the Kings writ De Haeretico comburendo first purchased thereupon as appeares by the said Act more at large Sir Ed. Cooke in the 3d. Part of his Institutes c. 5. p. 39. 40 41. writes that it appeareth by Bracton Britton Fleta Stamford and All our Bookes that hee that is duly convict of Heresie shall be burnt to death even by the Common Law That the Dioâ—ae an hath Iurisdiction of Heresie and so it hath bin put in are in all Queene Elizabeths Raigne and accordingly it was resolved by Fleming Chiefe Iustice Tanfield chiefe Baron Williams and Crooke Iustices Hil. 9. Iaâ— R. in the care of Legate the Hereticke that upon a conviction before the Ordinary of Heresie the writ De Haeretico comburendo doth lie The Ecclesiasticall Iudge at this day cannot commit the person that is convict of Heresie to the Sheriffe albeit he be present to be burnt but must have the Kings writ De Haeretico comburendo According to the Common Law For now all Acts of Parliament are repealed And the reason why Haeresie is so extreaâ—lâ— and fearefully punished is for that Gravius est aeternam quam temporalem ledere majestatem The party duly convicted may recall and abjure his opinion and thereby save his life but a relapse is fatall For as in case ' of a disease of the Body after a recovery recidiuation is extreamely dangerous So in case oâ— Heresie a disease of the soule a relapse is incurable And as he who is a Lâ—per of his body is to be removed from the society of men least he should infect them y the Kings Writ De Leproso amovendo So he that hath Lepram animae that is to be convicted of Heresie Shall be cut off least he should poyson others by the Kings Writ De Haeretico comburendo But if the Hereticke will not after conviction abjure he may by force of the said Writ be burnt without abj ration He addes that when an Act of Parliament is made concerning matters meerely spirituall as Heresie yet that Act being part of the Lawes of the Realme the same shall be construed and interpreted by the Iudges of the Common Law who use to conferre with those that are learned in that profession which hee proves by the resolution in Iohn Keysers case Mich. 5. E. 4. rot 143. Coram Rege and Hillary Warners case M 11. H. 7. rot 327. in the Common Pleas This is cleare by the Authority of the Councell at Oxford under Tho. Arundell Archbishop of Canterbury Anno Dom. 1448. for the punishment of Hereticks and suppression of Heresies In uberiorem fortificationem juris communis in hac parte as the Constitutions of it determine which likewise informe us Quod licet inter crimen Haeresis lesae Majestatis in legibus diversis quaedam paritas reputetur est tamen dissimilis culpa paenamque exigit GRAVIOREM divinam quam humanam offendere Majestatem By which Authorities it is cleare to me First that our Kings in ancient times did at first make use of Synods and Convocations only to advise them what was Heresie and Apostacy what not not to convict and condemne Hereticks to be burnt and that Heresie and Apostacy are offences inquirable inditable and triable in a criminall way at the Kings suit in the Kings Courts before his Iustices by the ancient common Law of this Realme and punishable after indictment and conviction by BVRNING death if not forfeiture of Lands as in case of Treason against the King himselfe 2ly That the Writ De Haeretico comburendo is grounded and warranted by the common Law not introduced by the Statutes of 2. H. 4. c. 15. or 2. H. 5. c. 7. which neither prescribe nor make mention of it the Statute of 25. H. 8. â— 14. being the first Act that names it as well as the writs De Excommunicato capiendo Apostata Capiendo introduced by the common law withoutany Act of Parliament with the writ ad deliberandum Clericum Ordinario and the like 3ly That the Statutes of 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. during the time they were in force tooke away this power from the Iudges to condemne He reticks giving them authority only to enquire after them returne their Inquisitions to the Ordinaries by way of information not conviction or evidence vesting all the power of condemning Hereticks in the Convocation Ordinaries and their Commissaries during their continuance which Statutes being repealed by 1 Eliz. c. 1. the common Law is thereby revived Therefore the Iudges at this day by the ancient common Law of Engl. may indict and condemne
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
Lollards and such as they then deemed Hereticks but death it selfe in case they abjured not their Heresie upon a Conviction and sentence of Heresie before the Ordinary or his Commissary to whom all Sheriff Majors and other Civill Officers were enjoyned to be assistant and present at their Sentences of condemnation if required and upon their Sentence alone without any Writ de Haeretico comburendo or Order from the King they were to burne the persons condemned and not abjuring in a publique place to terrifie others as you may read in the printed Act it selfe which differs something from the record 7. H. 4. Rot. Parl. nu 62. there was a like Petition exhibited by the Prelates for a new and severer Law against the Lollards and that all might apprehend and enquire of such and no Sanctuary might be granted to them wherein the name of the Commons was used by meanes of Sir Iohn Ticketoft and others but this iâ— seemes miscaried and was never printed or published by the Prelates as the former was The next law against Heretiks is 2. H. 5. c. 7. which ratified the former Acts prescribed an Oath to Sheriffes and other Officers to assist and attend the Ordinaries in prosecution of Hereticks Lollards Added a confiscation of the lands Goods and Estates of such as were convicted of Heresie and delivered over to the secular power whether they were executed or burnt or not and of all hereditaments of Lands in others for their use and ordered Iudges of Assise and Iustices of Peace in their Sessions to enquire after Hereticks their fautors maintainers Bookes Writings Sermons Conventicles and to apprehend them to transmit their inquiries to the Ordinaries or their Commissaries to informe them but not to be used as evidence the Ordinaries being left to proceed according to the lawes of Holy Church This Act restrained the Iudges and Iustices power to punish Heretickes unpon Indictment by the Common Law and made Heresie no civill but an ecclesiasticall offence only for the present as some of our Law-Bookes stile it After this the Statute of 25. H. 8. c. 14. repeales the Statute of 2. H. 4. for these foure reasons mentioned in the Preface of it First because that Act doth not in any part thereof declare any certaine cases of Heresie contrary to the determination of Holy Scripture or the Canonicall Sanctions therein expressed whereby the Kings loving and obedient Subjects might be learned to eschew the dangers and paines in the said Act specified or to abhorre and detest that foule and detestable crime of Heresie 2ly Because these words Canonicall Sanctions and such other like contained in the said Act are so generall that the most expert and best learned man of this Realme diligently lying in wait upon himselfe cannot eâ—chew and avoid the penalty and dangers of the said Act and Canonicall Sanctions if hee should be examined upon such captious interrogatories as is and hath beene accustomed to be ministred by the Ordinaries of this Realme in cases where they will suspect any person or persons of Heresie 3ly For as much as it standeth not with the right order of Iustice or good equity that any person should be convict and put to the losse of his life good name or goods unlesse it were by due accusation and witnesses or by presentment verdict confession or Outlawarie since by the Lawes of the Realme for Treason committed to the perill of the Kings most royall Majesti upon whose surety dependeth the wealth of this whole Realme no person may or can be put to death but by presentment verdict confession or processe of Outlary 4ly For that there be many Heresies and paines and punishments for Heresies declared and ordained in and by the said Canonicall Sanctions and by the Lawes and Ordinances made by the Popes and Bishops of Rome and by their Authoritie for holding doing preaching or speaking of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but Humane being meere repugnant and contrarious to the Prerogative of the Kings imperiall Crowne regall jurisdiction Lawes Statutes and Ordinances of this Realme by reason whereof his people of the same observing maintaining defending and due executing of the said Lawes Statutes and Prerogative Royall by Authority of that Act of 2. H. 4. may be brought into slander of Heresie to their great infamy and danger and perill of their lives Neverthelesse for as much as the most foule and detestable crime of Heresie should not go unpunished but be utterly abhorred detested and eradicate nor that any Hereticks should be favoured but that they should have condigne and sufficient punishment for the repressing of Hereticks such erronious opinions in time comming It enacts That the Statutes of 5. R. 2. 2. H. 5. c. 7. for the punishment and reformation of Hereticks and Lollards and every provision therein not repugnant to this Act shall stand in full strength and that Sheriffes in their Townes and Stewards in their Leets Rapes and Wapentakes shall have power to inquire of Heretickes as of common Annoyances and to certifie their inquiries to the Ordinary in such manner as the Justices of Assise and of the Peace might doe by the Statute of 2. H. 5. c. 7. and that the Ordinaries after such presentment and indictment proved by the Oath of two lawfull witnesses at the least and not otherwise or by any other meanes might convict convent arrest and apprehend such persons presented or indicted of any Heresie And that he that happened to be lawfully convicted before the Ordinary in his open Court and in open place of the Heresie whereof hee was accused or presented shall abjure the same and if he refused and renounced the same then he should do such reasonable penance for his offence as shal be limited by the discretion of the Ordinaries And if he refused to abjure or after abjuration fall into relapse and were duely accused or presented and corvict thereof as aforesaid that then in such cases he shall be committed to Lay power TO BE BVRNED in open places for example of others as hath been accustomed the Kings Writ De Heretico comburendo first had and obtained for the same And it likewise provides that no manner of doing speaking or communication or holding against any Lawes made by the Bishops of Rome or by their Authority for the advancement of their owne worldly glory and ambition given them by humane Lawes or Policies and not by Holy Scripture contrariant and repugnant to the Lawes of this Realme and the Kings Prerogative Royall shall be deemed reputed accepted or taken to bee Heresie After this in 31. H. 8. c. 14. 34. H. 8. c. 1. 35. H. 8. c. 1. severall Lawes were made to punish certaine particular points of Doctrine commonly called the Six Articles with death and the losse of Goods as you may read at large in the Acts themselves the last whereof somewhat mitigates and explaines the former These Lawes proving very
and distracted as some esteemed him I cannot certainely determine All these were thus censured and some of them put to death by the common Law since the Statutes against Hereticks were repealed why any scruple of putting such obstinate grosse Haereticks and Blasphemers to death upon a legall Indictment and Conviction before the Judges after the ancient course of the Common Law should now be made I can see no colour unles our love to our zeale for God Religion be farre lesse farre colder then our Predecessors or those very Lordly Prelates whom we have suppressed and our solemne Covenants Protestations to make a thorow Reformation of all corruptions in Doctrine Disciplin life an engagement to us to tollerate such most execrable Heresies Errors and open Blasphemies which the most unreformed times persons would by no meanes suffer without speedy condigne corporall and capitall punishments I shall only adde to this that by the Statutes of 5. Eliz. c. 1. 23. Eliz. c. 1. 3. â—7 Eliz. c. 1. 28. Eliz. c. 6. 35. Eliz. c. 1. 2. 39. Eliz. c. 18. 43. Eliz. c. 9. 1 Jac. c. 4. 3. Jac. c. 4. 5. 7. Jac. c. 6. 3. Car. c. 2. Jesuites Seminarie Priests Monkes Friars who receive Orders by any power derived from the See of Rome if borne within the Kings allegiance are to be indicted in the Kings temporall Courts and condemned yea executed as Traytors if they do but say Masse exercise their Priestly sanctions or endeavour to seduce any of the Kings Subjects from their Religion and Allegiance though they do it as they conceive meerely out of conscience and duty to God and their Ecclesiasticall Superiors upon which Statutes many of them have beene executed as Traytors and some of late by the present Parliaments speciall direction when the King himselfe would have reprived them The voluntarie Harborers of them knowing them to be such are by the Lawes to be indicted and executed as Fellons and the late Archbishops familiarity correspondence and confederacy with Priests and Jeâ—uites to introduce Popish Superstition and subvert the established Protestant Religion was charged against him by the whole House of Commons as a Treasonable and Capitall offence for which among other things he lost his head by the unanimous Judgement of both Houses of Parliament Such Popish Recusants or others who bring in any of the Popes Bulls or Excommunications into this Realme or publish them here though out of a seduced Conscience are to be executed as Felons by these Lawes or at least attainted in a Praemunire to the losse of their Estates and Libertyes Such Popish Recusants who are convicted for not repairing to Church and receiving the Sacraments among us are to forfeit two parts in three to be divided of their whole reall and personall Estates to the King to pay an hundred pounds for every Masse they heare and forfeit twenty pounds a Month for absenting themselves from Divine Service and Sermons in some Church or Chappell which lest eâ—alty of twenty pounds a Month for absence from the publike Ordinances all Schismaticks and Separatists incurre by these Lawes as well as Papist All such Recuâ—ants or Separatists who resuse the Oath of Allegiance and Supremacy incurre a Praemunire are to be imprisoned and made uncapable of any Office The importers of Popish Books Pictures Reliques of any kinde are subject to divers pecuniary Penalties Recusants themselves to be confined to their Houses disarmed secluded from the Court and all places of trust disabled to practise Law or Phisick and in some cases to inherit Lands to sue any Actions to be Executors or Administrators and to forfeit all their goods estates Dowers Iointures during their naturall lives as these Statutes declare at large And besides this they are to be excommunicated ipso facto and so utterly disabled to bring any action at Law and all this in relation to their false hereticall and detestable Religion which oft incites them to sedition Rebellion Treason against the King Kingdome Parliament And are all to be indicted and tried in these cases in the Kings Courts only according to the Rules of the Common Law These Lawes are still in force and executed to the full against them now and it was a great complaint yea charge against the King and his ill Councell in this and former Parliaments that they suspended or mitigated these Lawes against Popish Priests and Recusants And shall we then tollerate other dangerous Hereticks Schismatickes Blasphemers and Enemies of our established Religion yea and plead for a common tolleration of them when our Lawes are so justly rigorous and our selves so vehement against these God forbid As for obstinate Schismaticks who wholy separate from our Churches or publike Assemblies and are no Papists as they forfeit twelve pence for every Lords day and twenty pounds for every month they absent themselves from our publike Congregations by the Statutes of 1. Eliz. c. 2. and other recited Acts So by the Statute of 35. Eliz. c. 1. yet unrepealed they are to be imprisoned without Bayle or mainprise upon conviction untill they conforme themselves and repaire constantly to our Churches and if within three monthes after their Conviction they refuse to conforme and to repaire duly to our Churches or Chapells they are thereupon to take an Oath of Abjuration to depart the Kingdome in the open Quarter-Sessions or Assises before the Justices within such time as shall be limited and in case they refuse to abjure or shall not depart the Realme after such abjuration made or returne into it or into any the Kings Dominions againe without speciall license of the King first obtained then in every such case the person so offending Shall be adjudged A Felon and suffer death as in case of Felony without benefit of Clergy And every person who shall knowingly releive harbour maintaine or keepe in his house or service any such obstinate Separatist or Schismatick who shall-refuse to repaire to our Churches or Chappell 's shall after notice thereof by the Ordinary or any Justice of Peace or the Minister Curate or Churchwardens of the parish where such person shall then be forfeit ten pounds for every Month that he shall so relieve maintaine retaine or keepe any such person so offending Which Act alone if now duly executed would speedily suppresse ot quit our Church our State of all those dangerous Anabaptists Sectaries and seperating Enthusiasts who now so much infest and threaten tuine unto both I wish all such would seriously read Ephes 4. 1. to 7. Rom. 16. 17. 18 1 Cor. 1. 9. 10 14. 2 Pet. 2. Jud. 19. St. Cyprians Book de Vnitate Ecclesiae and St. Augustins Bookes and Epistles against the Donatists which would teach them to renounce their dangerous Schisme and prevent the execution of this good Law against them How variously Hereticks themselves with their Fautors and Followers are to be punished by the Canon Law to wit with excommunicution losse of trading and commerce with others
confiscation of their goods depriving them and their Children from all Ecclesiasticall preferments disinheriting of their Children losse of Dower by their Wives disability to appeale or give testimony absolution of their vassalls from all services Tenures Obligations by which they are obliged to them deprivation of all Sacraments of the Church and of Christian buriall That no Register may write any thing nor Advocate plead for them withoâ—t losse of Office and publike infamy and delivery of them after sentence given to the Secular Powers To be burned to Ashes and what other punishments Apostates and Schismaticks are to undergoe by the Canon Law you may read at large in Gratian Causa 23. 24. Hostiensis Summa lib. 5. Tit. de Haereticis Schismaticis Apostatis Iterantibus Baptisma Summa Angelica Tit. Haereticus Apostatia Schisma Summa Rosella Tit. Apostatia Haereticus Lâ—ndwood Provin Const l. 5. De Haereticis Schismaticis Apostatis where he writes sunt damnandi ad mortem per seculares potestates per eas DEBENT COMBVRI VEL IGNE CREMARI ut patet in quadam constitutione Frederici Franciscus Zerula his Praxis Episcopalis pars 1. Tit. Haeretici fol. 109 c. Alfonsus a Castro adu Haereses de justa haeret punitione Antonij Corseti Repertorium Tit. Haereticus Apostatia Claudius De Sanctes ad edicta de methodo Contr sectas veterum Principum Lucas Tudensis advers Albigensium errores l. 3. c. 15. 20. 21. 22. Bellarmin de Laicis l. c. 21. 22. Antonini Hist pars 3. Tit. 19. c. 1. sect 4. Reynerus contr Waldenses c. 11. 12. Iacobi Gretseri Prologom in scriptores contr sectam Waldensium c. 6. Bibl. Patrum Tom. 13. p. 290. 291. Concilium Oxoniense Anno 1408. under Thomas Arundell for the suppression and punishment of Haereticks apud Ioan. de Aton Constitutiones Legit. f. 152. 153. 154. And in sundry other Canonists Tit. de Haereticis et Apostatis whose names I pretermit And thus much for the punishment of Heresie Apostacy and obstinate Schisme by corporall and capitall censures in all ages both at home and in forraigne patts I shall next present you with like Lawes against and punishments inflicted on open Blasphemers And prophane Cursers and swearers Blaspemy is defined to be contemptuous scoffing or malitious speech or word uttered in dishonour contempt or dispight of God himselfe or any person of the sacred Trinity and the more contempt malice dispite and rancor there is in the expression or words spoken the greater and more execrable is the Blasphemy which crime extends even to prophane Oaths curses and execrations falling under the Title of Blasphemy For corporall and capitall punishments inflicted by Christian Princes and Magistrates against Blasphemers and execrable Cursers and swearers I shall trouble you only with these instances The Century Writers record That Constantine and other Godly Emperors in the 4. Century after Christ did by civill edicts and punishments represse the Blasphemies of Haeretickes Iustinian the Emperor punished such with death and capitall punishments who swore by any Member of God or by Gods Haires or blasphemed God The 12. Councill of Toledo in Spaine Can. 9. confirmes the Lawes published by King Eringius whereof this was one de Blasphematoribus sanctae Trinitatis which runs thus Sicut veritas sacri Evangelij praedicat prolatum in fratrem contumeliae ver bum judicio reum adsignat quanto magis peccantem in Spiritum sanctum divina animadversionis sententia dampnat quod irremissibile hic in futuro Salvator ipse denunciat Et ideo si quis Christi filij Dei blasphemaverit nomen ejusque sacrum corpus sanguinem aut contempserit sumendum percipere aut parceptum visus fuerit rejecisse vel quamlibet injuriarum blasphemiam in sactam dixerit Trinitatem id est in Patrem Filium Spiritum sanctum tuncinstantia sace dotis vel judicis in cujus civitaâ—e â—â—stro vel territorio hoc malum exortum fuerit blasphemator ipse centenis decalvatus flageâ—â—â— sâ—â—jâ—ceat et ardua in vinculis constitutus perpetui exilii conteretur aerumna Res tamen eius inpotestatem Principis redacte manebunt qualiter in iure eorum cui eas potestas conferre elegerit inconvulse persistant The Emperours Charles the Great and Ludovicus Pius promulged this Law against Blasphemers z Si quis quolibet modo blasphemiam in Deum jactaverit ab Episcopo vel comite pagi ipsius carceri usque ad satisfactionem tradatur publica paenitentia mulctetur donec precibus proprii Episcopi publiceÌ„ reconcilietur Ecclesiaeque gremio canonice reddatur And the Emperour Ludovicus made this more severe and capitall Law against Blasphemers De Blasphemia in Deum Si quis quolibet modo blasphemiam in Deum iactaverit a prafectâ— urbis ultimo supplicio subiiciatur qui vero talem cognoscens non manifestaverit similiter coerceatur Si praefectus urbis haec punire neglexerit post Dei iudicium nostram indignationem incurrat The Emperour Frederick the 2d enacted this Law against Blasphemers that their Tongues should be cut out Blasphemantes Deum Virginem gloriosam linguae maliloquae mutilatione punimus St. Lewis King of France when going out of the Palace he heard aâ— Blasphemour filthily abusing the name of God commanded his lips to be branded with an hot Iron King Philip the 6. of France called Valoyes enacted this Law against Swearers and Blasphemers An. 1347. Volumus ordinamus ut ille vel illa quae Deo vel beatae Mariae virgini malidicere presumpserit aut turpe seu vile iuramentum fecerit pro prima vice ponatur in pilorio inibi ab hora prima usque ad nonam permansurus ad cuius oculos proiici valeant lutum alias inmunditias absque tamen lapidibus vel aliis rebus eum laedentibus deinde vero ad panem aquam absque quavis alia re per mensem demorabitur Si autem ipsum secundo ricidire contigerit volumus quod in die mercati solemnis rursus in pilorio constituatur ipsiusque labium superius cum ferro calido taliter scindatur quod dentes eius apareant Tertia vero vice labium inferius quarta vice totum bilabium Quod si per miseriam eius quinto id sibi contigerit volumus quod in totum sibi lingua praescindatur ut Deo alteri deinceps maledicere non valeat Ordinantes insuper quod si aliquis praedicta mala verba audiverit incontinenti Iusticiae revelare noluerit super eum possit emenda usque ad summum 60. librarum levari Si tamen talis adeo pauper fuerit quod pecuniam antedictam non possit exolvere in carceribus donec sufficere debeat ad satisfaciendum emendae predictae detineatur Charles the 7 of France An. 1460. Henry the 2. of France An. 1546. Charles the 9. and the Estates of
the same being convict therof should without tarriance not only loose his head but his goods also which they should have that proved him perjured The Romans had a Law that all such as were found to be perjured should be throwne downe head-long from the top of a high Rock called Tarpejus Thou shalt not take the name of the Lord thy God in vaine for the Lord will not hold him guiltlesse that taketh his name in vaine Let not thy moâ—th be accustomed with swearing for in it there are many faults c. like as a servant which is oft punished cannot be without some sore even so whatsoever he be that sweareth and nameth God in vaine shall not be cleane purged from sin a man that useth much swearing shall be filled with wickednesse and the plague shall never go from his house The words of the swearer bringeth death God grant that it be not found in the house of Iacob but they that feare God eschew all such and lye not weltring in sin The Councell of Iosephus is this that he which blasphemeth God and unreverently useth his name should be stoned unto death and then hanged up by the space of one day and so taken downe and buried without all manner of honour Diverse other most noble Princes made divers other most holy Lawes for the eschewing of Cusâ—omable swearing and perjury Would God that these their most Godly Acts might either be renued among Christian men or else some other devised for the abolishing and putting away of the most wicked and detestable custome of swearing every Prince as he shall think most convenient for the state of his Realmâ— Lawes are made and penalties appointed for divers meane things which only concerne worldly matters why then do not Christan Princes also make Lawes Acts and Decrees for the glory of God that his name may be had in honour and reverence as most worthy of all it is Worldly matters may not so be esteemed that things pertaining to the glory of God and the salvation of Christian mens soules shall be neglected For Rulers are appointed of God not only to looke upon mundaine and worldly but also divine and spirituall matters And it is their duty no lesse to tender the glory of God and to make Acts concerning the same then to see to the publike tranquillity â— that all things decent comly for an honest outward Order be maintained preserved and kept And as they are the supreame head chiefe Rulers both of the spiritualtie and temporaltie so ought they to travaile no lesse in Spirituall then in Temporall matters Looke what enormities wickednesses ungodly Customes superstitious and unrighteous manners c. reigne in Realmes all these ought to be abolished and put away by the worldly Potentates and carthly Rulers God grant that we may see it shortly not only in this Realme but in the Kingdome of so many as professe Christ He concludes thus Let the Rulers of the Common Weale finde some honest remedy that the namâ— of God be no more blasphemed among their subjects Let them consider how loath they are that they themselves should be evill spoken of and blasphemed Let them weâ—â—h with themselves how much God excelleth them and how farre his dignity excelleth their dignity If any man defaceth their renowne they are punished stâ—aightwayes and not without a cause But how chanceth it that the Lord of aâ— Lords and King of all Kings is no more feared How comes it to passe that his most holy and blessed name is so universally blaspheamed yea and that freely and without punishment Were it not think you convenient that the Civill Majestrates should earnestly provide that the name of God might have his due honour and that it might no more be abused with abominable and unlawfull Oaths in their Realmes but praised and magnified seeing that by it we obtaine all our health and salvation God by his holy spirit might vouchsafe to breath into the hearts of all Princes Kings and Rulers that when they be Godly assembled together for matters concerning the glory of God and the publike weale they may also entreate of this thing in their Synods Congregations Parliaments Councells c. That God may be glorified and his most blessed name exalted of all Nations from the East to the West By this meanes shall they not only expulse vice and make their Realmes to fluorish with virtue unto the great glory of God and the high consolation of all the faithfull but also they shall acquire and get to themselvs a Crowne of immortall glory for ever and ever How Blasphemy and prophane swearing and cursing have beene punished by the Decrees of Councels and the Canon Law with excommunication penance deprivall of Christian Buriall the like you may read at large in Bochellus Decreta Ecclesiae Gallicanae lib. 8. Tit. 13. throughout Summa Angelica Summa Rosella Tit. Blasphemia Lyndewode Provi Const lib. 1. de Officio Archipresbyteri cap. 1. f. 40. â— Gratian Dist 22. Sylvester Tit. Blasphemia Tho. Zerula Praxis Episcopalis Pars. 1. verbo Blasphemia f. 38. â— pars 2. f. 15. Antonij Corset Repertorium in Abbatem Tit. Blaspemans Hostiensis Summa lib. 5. Tit. de maledicis fol. 460. c. who all accord likewise that this sinne may and ought to be punished not only by the Ecclesiasticall but also by the temporall Magistrate and that with imprisonment confiscation of goods fines branding and capitall punishments which sundry Councills and Canonists earnestly importune the temporall Magistrates to inflict upon Blasphemers Sir Ed. Cooke in his 5. Report f. 8. 9. of the Kings Ecclesiasticall Law concludes That Blasphemy Apostacy from Christianity Heresies and Schismes are to be decided and determined by Ecclesiasticall Iudges according to the Kings Ecclesiasticall Lawes of this Realme and no doubt they may be punished by the very Common Law it selfe by way of indictment as in the case of Hamant and Lewis forecited I shall close up this with the words of Isychius in Levit. l. 7. c. 25. x Audivimus quemadmodum de castris eduxit eum qui Blasphemavit lapidibus que eum opprimi praecepit Propterea indignationi et opus addidit et legem tibi etiam experimento ipso confirmatam ostendit ut et tu-blasphemare Deum timeres illam timens peccati magnitudinem cum non solum Principes sed et omnem multitudinem vindicatio praecepit Communis enim debet omnibus contra Blasphemâ—s pugna quia communi nostro benefactori communi nostrae vitae ex quo omnes esse et bene esse habemus detrahere tentant ejus quidem gloriae nihil nocentes nos autem ab eo seperare et expellere volentes You have now heard how Herely Apostacy Blasphemy Schisme and such who are guilty of them have bin restrained punished by Temporall Lewes and punishments in all ages I shall only adde these few considerations to set the greater lustre and
in them and all sorts of men besides a most pestilent fire-brand of sedition deserving a Tiburn-Saintship as well as Iack Straw or Iack Cade most justly censured imprisoned by the House of Peers for his unparallell'd Insolencies Contempts and Libels deserving a severer doom or his Disciple St. Overton imprisoned for the like offences his Anti-Parliamentary Libels or any other of his seditious sect it is the Parliaments lenity that they enjoy their lives and a man I fear may finde far better Saints in Newgate if not in Hell then these If he mean S. Best that horrible execrable Heretick and Blasphemer for whose impunity some of the Independent saints have both written and pleaded to the very amazement of all true Saints its certaily a greater crime to suffer such an impenitent blaspheming Atheistical saint to live so long then to imprison him and if any New-lights account him for a Saint I may without any breach of Christian charity repute them in this particular to be little better then Devils and no reall saints at all If he intend by Saints S Paul Hobson a preaching but never a fighting Captain formerly a Taylor now an Anabaptist imprisoned by Sir Samuel Luke for his schismaticall and seditious preaching contrary to the Ordinance of Parliament or his blasphemous Chirurgion Iohn Boggis or his companion S. Oates who openly defended maintained that there was no such power in any Christian Magistrate over any member of a Church unlesse first cast out and delivered over by the Church to the secular power to inflict any capitall punishments upon him whatsoever his offence was though MVRTHER OR TREASON oâ— S. Lambe S. Kiffin or any of that Anabaptisticall Dipping lewd fraternity mentioned by Mr. Edwards in his Gangraenaes who have enriched advanced themselves by their gainfull Schismes Heresies Errors Blasphemies fear our Magistrates who have already law and power enough to restrainâ— and punish such without praying aide from both or either Houses will deserve more blame from God the Parliament and all good men for suffering such black saints as these to ramble abroad from County to County preaching their Errors Blasphemies and re-baptizing seduced Proselytes without restraint then demerit any censure for any short restraint of their persons or selling any of their goods who were lately worse then nothing and had no goods to sell yet now are grown brave and wealthy And if our Magistrates imprison fine banish such Saints as these I am confident both Christ and his Apostles will justifie not condemne them for their doings His third Argument is this Is it not misery enough for men to refuse the good things of heaven except they also deprive them of the good things of this present life If there be any Logick or Divinity in this rhetoricall argumentation it is but formally this It is misery enough to wicked men his words are generall and extend to all wicked men of all sorts not Hereticks only that they refuse the good things of Heaven and Eternall Life Therefore the Magistrate ought not to deprive any wicked man whatsoever of the good things of this life nor to inflict upon him temporall death I answer that if this Argument be solid then the Magistrate must punish no wicked men for any offence whatsoever against God or man no not for Atheisme Treason Rebellion Murther Sodomy and the fowlest crimes because the losse of the good things of heaven and eternall life is a sufficient punishment for them as well as for Hereticks Schismaticks and Blasphemers And then how wil it stand with his own concession I fear not from the heart since the whole scope of his Arguments contradict it p. 27. As for those that are outwardly wicked as open professed Hereticks Schismaticks and Blasphemers are the Magistrate is to keep them in order for the quiet of the State he having power over their persons estates LIVES If so then he may deprive them for their wickednesse of the good things of this life and inflict upon them temporal death Let M. Del therefore assoyl his own contradiction here which he thus seconds p 40. Did you ever hear me say or hint that the Magistrate should not punish outward wickednesse Yes here you hint intimate and argue it too and therefore need to reconcile these your contradictions or renounce this Argument Secondly God himself the Fountaine and Rule of justice doth many times punish wicked men who refuse the good things of Heaven and eternall life with the losse of the good things of this life infliction of temporal and eternall death to boot witnesse Deut. 28. 15. to 68. Levit. 26. 14. to 44. and Rev. 18 19 instead of many other texts If God then the standard of justice doth usually this and threatens all wicked men that they shall thus be punished why may not Christian Princes and Magistrates who are his Deputies Ministers Revengers do the like without the least injustice or cruelty Thirdly the Lawes of all Kingdomes and of our own do punish Malefactors as Traytors Murderers and Hereticks among others with confiscation of goods imprisonment banishment and death too not thinking it punishment sufficient that they refuse the good things of heaven and eternall life M. Del then must be wiser then God then al States Lawgivers whatsoever then our own Lawes Parliaments Judges and tax them both of cruelty injustice and adding misery to the miserable if he dare maintaine this absurd Paradox which hath neither reason nor Religion in it His 4th Objection is much of the same straine Christ imposeth no other punishment on those that will not heare the Church then that he should be reckoned as an heathen Math. 18. And Paul Tit. 3. teacheth us after once and twice admonition to avoyd an Heretick but not to imprison him or kill him or banish him Ergo the christian Magistrate must neither imprison nor kill nor banish Hereticks Here Mr. Dell speaks plaine English and out of his aboundant zeale professedly pleads for the impunity even of Hereticks themselves by the civill Magistrate and if we compare this with his p. 29. Take heed you do nothing to the prejudice of the faithfull Gods owne people as he hath warned you by the spirit saying Touch not mine anointed and do my Prophets no harme c. These anoynted ones are the Lords Prophets and the Lord Hath no Prophets but such as are anoynted with the Spirit Thus Christ was made the Lords Prophet and thus are All his Brethren made Prophets being fellowes with him in his unction And therefore take heed how you meddle with the Lords anoynted ones and with the Lords Prophets c. The Lord hath still the same care of the same people and will suffer no man to do them wrong but will reprove Kings and Parliaments and Kingdomes and Cities and Counties and Committees he will reprove them all for their sakes and say touch not mine anoynted and do
my Prophets no harme c. We must either conclude that the Prophets and anoynted ones he here pleads for not to bee touched are none else but Hereticks c. who must neither be imprisned nor killed nor banished nor touched nor harmed by Magistrates Parliaments Kings Kingdomes Cities Counties or Committees who now meddle with none but such or else that he assignes the selfe same priviledges even to Here ticks as to Gods faithfull anoynted ones Prophets Sts. since Kings Kingdomes Parliaments Citties Counties Committees Magistrates must no more touch harme imprison kill banish the grossest Hereticks by Mr. Dells expresse Doctrin then these And then where is that grand priviledge which these anointed Saints and Prophets enjoy above the veriest Heretick Schismatick Atheist Apostate Blasphemer in the world Is not this my Brethren strange New-light from such a Comet as he is But to let this passe and come to a punctuall answer As this text of the Psalmist Touch not mine anoynted and do my Prophets no harme will prove no Sanctuary at all for Heretiks Schismatick or Blasphemers who are neither Gods anoynted nor his Prophets against the power of Kings and Christian Magistrates so will not the objected texts of Mathew and Titus For the first of these is spoken only of private crimes and trespasses betweene Brother and Brother not of publike scandalous Heresies Schismes Blasphemies and by the Church there intended as many think is not meant the Ministers of the Gospell but the Iewish Sanhedrin or civill Magistracy or if the Ministers or Church-Elders then it is confined only to their Church-censures not meant of the Magistrates punishments as others assert But let it bee one or other the Argument thence is but this Nonsequitur He that refuseth to give his brother against whom he hath privatly and personally trespassed Satisfaction upon the admonition of the Magistrate Church or Minister is to be esteemed as a Heathen by him to whom he did the injury and the church may duly excommunicate him for his obstinacy Ergo Christian Kings and Magistrates by Christs owne appointment can inflict no corporall punishment fine imprisonment banishment or death upon open obstinate Hereticks Blasphemers Schismaticks or Seducers who disturbe the peace both of Church and State and seduce the soules of many Whether this be a solid Argument let all wise men judge For that of Titus 3. Paul teacheth us after once or twice admonition to avoid an Heretick not to imprison kill or banish him Ergo Hereticks must only be avoyded not imprisoned killed or banished by the christian Magistrate it is a most childish Argument and inconsequent For first Paul writs this to Titus a Minister as a Minister noâ— a Magistrate to avoyd or reject an Heretickeafter the first and second admonition and to treat with him no longer who then as a Minister could by no Law of God or man imprison kil or banish Hereticks nor can our Ministers or Classes do it now nor claime they such a power Wherefore the Argument thence must be Ministers of the Gospell as such have power only to avoyd and reject Hereticks after the first second admonition not to imprison kill or banish them Erge Christian Kings and Magistrates have only authority to avoid reject but cannot imprison kill or banish them If this be good Logick or Divinity then by the selfeâ—ame reason they must neither imprison kill nor banish Murderers Traytors Sodomites Theeves Fellons nor our Army imprison kill plunder any Papists or Cavaliers because Ministers as such cannot do it but only admonish avoyd them Besides if this be granted then it wholly takes away the Magistrates Sword Office Power and makes him no more no other then a Minister first to admonish and then to avoyd and reject Hereticks and other Malefactors not to punish them And how will this agree with his owne contradictory assertion p. 40. The Magistrates power hath under it the whole outward man if an Hereticke or Schismatick by his professed practicall Heresie or Schisme which are outward offences and works of the flesh may exempt himselfe from the Magistrates power aly the scope of the Text is not that Hereticks should only be avoyded by Ministers even as such as Mr. Dell presseth it for certainly Paul himselfe proceeded further against Hyminaeus and Philetus even to deliver them over unto Satan 1 Tim. 1. 19. 20. 2 Tim. 2. 17. 18. which is more then barely to avoyd them as all accord And Peter informes us 2 Pet. 2. 1. That false Teachers who bring in privily damnable Heresies shall bring upon themselves swift destruction even by the hand of humane and divine Justice too Deut. 17. 16. But his scope is that some Hereticks are so obstinate so dangerous that after the first and second admonition he should deale with them no longer but presently avoid them as the very next words imply Knowing that he that is such is subverted and sinneth being condemned of himselfe compared with the 2 Tim. 2. 16. 17. 18. This being the genuine scope of the Text let us turne it into a formall Argument and then it will be no more but this Ministers must not so much as treat with obstinate Heretickes after a first and second admonition but forthwith A void and treat with them no more Ergo Magistrates must neither imprison nor Banish nor put them to death after such admonitions but only punish them by avoyding them neither may the Church so much as excommunicate but only avoyd them Excellent New-light new Logick in good earnest an Ignis Fatuus might yield as good Thirdly the same Apostle Paul in 2 Tim. 3. 1 2 3 4 5. informes us That in the last dayes perilous times shall come for men shall be lovers of their owne selves c. blasphemers disobedient to parents unthankfull unholy without naturall affection truce-breakers false accusers incontinent fierce despisers of those that are good Traytors heady high minded lovers of pleasures more then lovers of God having a form of godlinesse but denying the power thereof and then concludes thus of these as he doth of an Heretick from such turn away or avoide such Will Mr. Dell infer hence as he doth from Titus that blasphemers obstinate and disobedient children to their parents punishable with death by an expresse law Exod. 21. 17. Deut. 21. 18. 19 20 21. Truce-breakers Traytors are only to be avoided and turned from but not whiped imprisoned banished fined nor put to death by the Magistrate because Paul here writes to Timothy and others only to avoid or turn away from such but not to whip imprison kill fine or banish them Or will he argue from Prov. 1. 10. to 17. that murderers and theeves who lye in wait and make haste to shed blood are not to be imprisoned banished or put to death because Solomon adviseth men not to walk in the way with them and refrain their feet from their path but commands theÌ„ not to be put to death If yea
Christ for that they being his Disciples not Magistrares would themselves have commanded fire to come downe from heaven in a miraculous way to destroy the Samaritans onely for not receiving his person as he was travelling to Ierusalem because he was going up thither and for none other cause and that out of private malice and reveng Ergo Christian Kings Magistrates and the Powers of the world have no place at all in the Churchesreformation vnder the Gospell and may not parish any Hâ—riâ—ick Schismatick Blasphemer or Malefactor with death or corporall punishments and to do it is to change Christ from a Saviour to a Destroyer and is Antichrist Triumphant Was ever such a crasy Argument propounded by any man in his right sences before such a presence the conclusion having not the least Coherence with the Premises on which it is grounded When Ma. Dell can prooue that these very Disciples then had as much power to punish Malifactors as Majestrates that there was the same ground for them to use miraculous corporall punishments as for Majestrates to inflict ordinary ones upon offenders and the same reason for these Disciples to punish the least neglect of Christs person as a Traveller only with fire from heaven and extraordinary death for which there was no written Law of God at all as there were and are for Majestrates to punish Herisie Idolatry Blasphemy obstinate Schisme and other offences with ordinary corporall and capitall punishments for which there are written precepts then I shall give further answer to this obiection till then I shall forbeare and proceede to answere that which is most considerable in this text to wit Christs speech to these furious Disciples Whence the Argument stands thus The Sonne of man is not come to destroy mens lives but to save them Lu. 9. 56. Ergo Christian Kings Majestrats under the Gospell must not destroy the lives of Haeretickes Blasphemers nor yet of Traytors Murderers or any Malefactors whatsoever as wel as of Heretickes Blasphemers c. as the Anabaptists usually presse it nor yet punish Hereticks or Blasphemers with any outward or corporall censures and if they do this is to make Christ no Saviour but a Destroyer and is Antichrist Triumphant Surely Mr. Dell is an excellent Chymist who can extract quodlibet ex quolibet and draw any conclusion out of whatsoever premises even by head and shoulders as here For first will it follow that because Christ himselfe in his owne person as a Saviour came not to destroy mens naturall lives but to save them Ergo the civill Christian Magistrate who is Gods owne avenger and is oft expresly commanded by Gods word to put Idolaters Blasphemers Murderers and other Malefactors to death is to punish no Malefactors at all with death now under the Gospell If Mr. Dell should preach such Doctrine in our Armies might not all our Souldiers of his New-way by like or better Logick conclude thus from this Text Christ came not to destroy mens lives but to save them Ergo we who are christian Souldiers who must imitate our Capt. Jesus Christ must now lay down our Armes repent of all the blood we have shed of all the Cavaliers lives wee have already destroyed and hence forth kill no more publike Enemies destroy no more Irish Rebells in the field neither by way of Defence nor Offence because Kings Magistrates themselves who have more authority then we Souldiers cannot inflict any corporall or capitall punishment of death on any Malefactors by Mr. Dells Argumentation hence though legally convicted of capitall Crimes especially if they fight for defence of their Religion as the Papists and Irish Rebells pretend they doe and Cavaliers too heretofore If Mr. Dell dare propose or presse no such Argument from this Text unto our Souldiers in the Campe I wonder he durst so boldly inforce the like with so much earnestnes upon our Parliament and Magistrates in the Church and present it to them in the Parliament house in print 2dly Will it follow hence that because Christ used this Speech as a Prophet a Saviour only not a Magistrate Ergo he came not to punish or destroy mens lives at all as a King when there is just cause for him to do it How then will Mâ— Dell reconcile or answer this expresse text to the contrary in the same Evangelist Luke 19. 17. But those mine Enemies that would not that I should raigne over them bring them hither AND SLAY THEM BEFORE ME together with Psal 89 23. Psal 110 5. 6. Rev. 17. 16. 17. c. 19. 17. 18. Math. 21. 41. to omit other quotations Or how can he justifie Peters extraordinary miraculous killing and destroying the Lives of Ananias and Saphyra under the Gospell only for lying to the Holy Ghost Acts 5. 1. to 12 If then Christ himselfe as a King will slay and destroy his Enemies lives when they give him just occasion though he came to destroy no mans life as a Saviour may not Christian Kings and Magistrates by like reason kill and destroy the lives of capitall Heretickes and Malefactors in a legall manner though Christ as a Minister or Saviour came not to destroy their lives but save them If so then this grand argument is a meere inconsequent from this Text. Hence the Rhemists in their Annotations on the New-Testament have this Note on this very text Notjustice nor al rigorous punishment of sinners is here forbidden nor Elias fact reprehended nor the Church nor Christian Princes blamed FOR PVTTING HERETICKS TO DEATH but that none of these should be done for desire of particular revenge or without discretion or regard of their amendment or example to others Therefore Saint Peter used his power upon Ananias and Saphyra when he struck them even to death for defrauding the Church which Doctor Fulke and Mr. Cartwright both approve and reply not thereto 3ly If the objected words of our Saviour bee rightly qualified in his owne sence farre different from that Mr. Dell would thrust upon them the absurdity of the Argument will more visibly appeare To cleare therefore their true meaning I shall compare them with a like speech of his Iohn 12. 47. For I came not to judge the world but to save the world and Math. 18. 11. Luke 9. 10. For the Son of man is come to seek and to save that which was lost From whence it is evident First that these words of Christ were principally meant of destroying and saving mens lives in a spirituall not Naturall sence and that for all eternity For to make the end of Christs comming only to save mens lives from temporall destruction and preserve men from temporall death by the hand of humane Justice especially when they offend as Mr. Dell interprets it is infinitely to derogate from the prime end of his comming the rather because Christ saved only a few diseased persons lives not any Malefactors no not the penitent Theefes crucified with him from temporall death but saved all his
death as unlawfull in it self but admits it lawfull and that they may deserve it Secondly That he speaks here onely of making a Law to put false Teachers and Seducers to death in that Age which he would by no meanes then admit of not because it was unlawfull but onely inconvenient at that time because it was likely to be abused to the shedding of innocent blood Thirdly that he held it then sufficient and lawfull too for the Magistrates to banish Seducers and false Teachers though they did not put them actually to death and by consequence held it lawfull to imprison and fine them too which is lesse then banishment yea him selfe writ to Methusum very earnestly that they should not receive the Anabaptists into their City but expell them so that Luther is point blank against Master Dell in that for which he cites him and for the Magistrates suppressing banishing Hereticks Schismaticks and Seducers I shall onely adde one passage more out of Luther point-blank against Master Dels opinion and quotation * Postil Dominica 5. post Epiphaniam .44 where interpreting the Parable of the Tares he resolves That the Masters bidding the servants let them alone till the Harvest doth neither inhibit nor restraine Church-Officers or the Civill Magistrate from restraining and punishing of Hereticks and other Malefactors with Ecclesiastical and temporall punishments concluding thence in these words Reliquae deindè sunt scandalorum cohertiones poenes Magistratum familiarum Patres morum disciplinae Magistros Hic adeò nulla phohibitio in suis officiis per hoc Christi praeceptum statuitur ut sunt haec omnia cum acerimis sanctissimis mandatis à Deo sancita Custodit Magistratus non solum secundam verùm OMNIUM MAXIME PRIMAM TABULAM Idololatrias Blasphemias Execrationes Perjuria ULCISCITUR Oblatas HAERETICAS in verum Deum contumeliosas atque alias eas BLASPHEMIAS DOCENTES COERCET Praefractiores atque in errore pertexendo contumaciores cum certissimo plurimum EXITIO pro malificiis PUNIENDOS SUSCIPIT Nequè cum boc facit Zizania evellere intelligitur quia cum suo officio in eo regno non versatür ubi interdictum de evellendis Zizaniis positum est Non igitur Magistratus hujus generis vitae corporalis Officiales quùm se scandalis perturbantibus tranquilitatem severa vindicatione obviam eunt Zizania contra Christi mentem evellunt sed id praestant pro parte sua ut verum Triticum in Ecclesia à Zizaniis non prorsus opprimatur Regnum Dei in terris non penitus exolescat Master Dell therefore might in wisdome have forborne his extravagant quotation of Luther whose Works I presume he never read which he tels us not where we may find among his numerous Volumes as he should have done His next quotation is a saying of Augustine out of Polanus but Augustine is most expresse against him not onely in his forecited passages against Petilian and the Donatists but in many others mustred up by Gratian Causa 23. quest 4 5. where you may read them at large to which I shall adde this sentence in his 166. Epistle where thus he writes To whom is it said Serve the Lord with feare c. is it not to Kings But how doe Kings serve the Lord with feare unlesse it be by a religious severity in prohibiting those things which are done against the Lords commands For every one of them serves him after one manner as be is a man after another manner as he is a King For as he is a man he serves him in living faithfully but as he is a King he serves him in prescribing Lawes commanding just things and prohibiting the contrary CONVENIENTI RIGORE SANCIENDO with convenient rigor and punishments like as Hezekiah served him in destroying Idols Groves and high Places And as Josiah served him And he addes this as a Reason elswhere Rex a Regendo dicitur non autem regat QUI NON CORRIGIT If Kings then be Kings of Hereticks Schismaticks Seducers Blasphemers Idolaters or Apostates as well as of other Subjects they must not onely governe but correct and punish them too by enacting severe Lawes against them and seeing them put in execution as this Father informes us That the devout and orthodox Roman Emperours not onely made severe Lawes against the Donatists and other Hereticks and Schismaticks but likewise appointed Dulcitius an eminent Colonel and Notary to take speciall care to see them executed Unhappy Master Dell to quote such a Father out of Polanus who is so pointblank against him and refutes his whole Sermon in his Books against the Epistles of Parmenianus and Petilian the Donatist Contra Cresconium Gram. Epist 48 50 as those who will take paines to peruse them may discover I wish this learned Gentleman hereafter to peruse and read Authors well before he quotes them and not to take them upon trust with such disadvantage to his cause and reputation too His other Authority out of Master Tyndal is nothing to purpose who speaks not one word against Kings Emperours or Christian Magistrates suppressing or punishing Hereticks and reforming the Church by outward power but writes expresly for it at large in his Books Intituled THE OBEDIENCE OF A CHRISTIAN MAN and THE PRACTICE OF POPISH PRELATES where he asserts That Kings and Magistrates are in the room of God that their Lawes are Gods Lawes and that they are to punish all evill doers and any sinne that shall break out and though he blameth them for being the Popes and Bishops Hangmen in his dayes to kill whomsoever they condemned without more adoe vpon their bare commandement without any due examination of the cause Yet if upon their owne examination they shall find them to be Heretecks or false Teachers he then admits They may justly punish and put them to death without any danger exciting both Emperours and kings to reforme the Church and to shake off the Yoake both of the Pope and Prelates together with their Canons Superstitions and false Doctrines So that this holy Martyr oppugnes Master Dels opinion for which he quotes him and speaks only of forcing Infidels by the Sword of war without instruction to embrace the Christian Faith His last Authority is Vlricus Ab Hutten but where his words are recorded he makes no mention neither are they pertinent being spoken to a Councell of Priests as he confesseth not to Christian Magistrates which yet he foisteth into his English translation of his words not being in the Latin Surely as this foisting is unsufferable so I must acquaint Master Dell that this quotation was very unhappy and fatall to his cause since this very Author hath written a Book DE SCHISMATE EXTINGUENDO wherein he refutes that very opinion he would fasten on him And thus I have given you a briefe account of Master Dels great skill and learning in mistaking mis-citing perverting every Author which he cites whose
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
Apostales may and ought to be put to death and he cites Beza Junius Becanus Zanchius Perkins Danaeus Bullinger and the Professors of Leydon to be of this opinion That ringleading and seducing Hereticks are to be punished to death with many Popish Authors who are of the self same judgment Master Edwards in his Anti-Pologia and Gangraenaes asserts the like with our London Essex and Suffolk Ministers in their Petitions to both Houses for the punishing and suppressing of Heresies Schismes Blasphemies The Independents in New-England it selfe as Master Cotton Master Hooker and others are of the same judgment and de facto banished Master Williams Mistris Hutchinson and other Hereticks and Schismaticks out of their Plantation In few words John Goodwin himselfe in a Book intituled M. S. to A. S. p. â—0 Master Henry Burton in his Vindication of the Churches commonly called Independent p. 70. and Master Jeremy Burroughs of Heart-Divisions p. 20 21. three grand Independents conclude against Master Dell That the Magistrate may fight with and punish Superstition Heresie Schisme as well as with corruption of manners where there is no danger of fighting against God And Mastor Burroughs from Zech. 13. 3. grants That in the times of the Gospel of which this Text is a Prophesie all erronious or idolatrous Prophets or Teachers should be brought before the civill Magistrate to receive condigne punishment even to the taking away of life in some cases Finally even the very Ringleaders of the Anabaptists themselves who to propagate their owne errors without restraint first cryed doâ—me the Magistrates coercive power in matters of Faith asserting That they ought not by their Lawes and Edicts to compell men to come to the publick meetings or punish any man with corpopall or capitall punishments for any error or heresie and at last denied Magistracy it selfe Did afterwards when they got the power into their owne hands not onely make and proclaime themselves Magistrates and Kings exercising more barbarous bloody tyrannies then the worst of Tyrants ever did but professedly asserted and maintained That all those who would not be Re-baptized and embrace their fanatick opinions were to be slaine and put to death as wicked men and Infidels and their Lands and Goods to be confiscated to themselves the onely Saints and accordingly they murdered and put to death many of their owne Members and thousands of others in Suaben Munster and other parts of Germany violently seizing on their Lands Castles Houses Goods till they were themselves suppressed and dissipated by the sword and above an hundred thousand of them slaine and executed in sundry places of Germany as the Marginall Authors record at large Therefore their own pactice Doctrine subverts this their pretended Anti-Magistraticall position It did so heretofore in Germany and dotâ— so already even in New and Old England where they have any power and I pray God we feel not as sad effects and symptomes hereof ere long at home as ever they did in Germany All these Authorities will I hope overballance Master Dels opinion and mis-quotations to the contrary Having fully answered and totally routed all Master Dels forces against the coercive power of the civill Christian Magistrate in case of Heresie Schisme Blasphemy I shall next fall upon a few Reserves of some of his Saints in the Army and of their Champion Master John Goodwin which I shall quickly scatter and then conclude The twelfth Objection made by some Sectaries in the Army against the Magistates punishment of Blasphemy is thus expressed in a Letter written by a godly Minister June 3. 1646. who was then in the Army They would not have the old Military orders set forth by the Earle of Essex observed That BLASPEMERS should be boared through the Tongue The argument that they urged was That sinnes which are directly against God should be punished by God Upon which ground they hold that Heresie Atheisme c. should not be punished by the Magistrate because they are sinnes directly against God c. To this I shall answer first that if this ground were true then God the Fountaine of Justice being as able to punish sinnes directly against himselfe as well under the Law as Gospel would not have in positive tearmes commanded such who were guilty of open Blasphemy and Idolatry being sinnes directly against him to be stoned and put to death without any mercy as I have proved he did and those godly Magistrates and Princes wsto punished Idolaters with death under the Law had been Murderers and Delinquents This argument therefore which taxeth God himselfe and his precepts of direct injustice under the Law must be rejected by the Objectors as blasphemous or else they must make it appeare by Scripture that though these sinnes under the Law were by Gods owne command to be punished with death by the civill Magistrate and people yet now under the Gospel he hath resumed the power of punishing them onely to himselfe and deprived Christian Magistrates of it which they can never doe Secondly By this reason Magistrates must not punish direct Atheists openly professing there is no God nor such Hereticks who deny the Trinity or the Deity of Christ and the holy Ghost nor such as deny there is any Heaven or Hell since these sinne directly against God himselfe O the piety of Master Dels anointed faithfull Saints is this their zeale their piety their sanctity Thirdly they must by this reason punish no sinne at all no not Rebellion Murder Treason Sorcery Adultery for these sinnes are directly committed against God who prohibits and whose prohibition makes them sinnes but sinnes onely indirectly against men as they are Gods creatures and beare his image Fourthly if this paradox be true then by the self same reason God himselfe is not to punish any sinne committed imediatly against men as Murder Adultery c. nor may God nor man punish sinnes committed by beastly men with Beasts because not directly committed against God or man in the Objectors sense and then what becomes of the truth of Heb. 13. 4. Revel 21. 8. cap. 22. 15. Whoremongers and Adulterers God will judge and they shall have their Portion in the Lake which burneth with fire and Erimstone And of Levit. 18. 23. cap. 20. 15 16. If a man lye with a Beast he shall be surely put to death and he shall slay the Beast And if a woman approach unto any Beast and lye downe thereto thou shalt kill the woman and the Beast they shall surely be put to death their blood shall be upon them Fiftly the Magistrates are but Gods Ministers Avengers Deputies to execute wrath upon all evill doers whence in Scripture they are called Gods said to sit on Gods Throne and to judge for the Lord Therefore certainly they may and ought to punish all sins directly acted against God whose Deputies they are rather and more severely then any other as Judges and Kings
Objection is of the same stamp That power which in the use of it plainly and undoubtedly tends to the gratification of Satan of carnall and prophane men is not certainly derived from God But that power in matters of Religion to crush Heresies Schismes c. which A. S. and many others pinned upon the Magistrates sleeve is a power of this tendency and importance in the use of it Ergo The latter proposition shines cleere enough with its owne light first because a very great part of those who are like to suffer by it are men of good conscience and men truly fearing God it not being likely that ordinarily men of loose or no conscience should delight to swim against the streames either of greatnesse or plurality in matters of Religion therfore it cannot but be conceived a matter of solemn gratification to Satan who is a Murderer and bloody Enemy to the Saints to see them disgraced crushed c. Secondly because it is the impatient and important desire of all ignorant loose luckewarme and carnall professors to have all religions as they call them all wayes sects opinions and practises in Religion wholly silenced suppressed and abolished where they live except only that one way and practice which shall be authorized and practised by the State I answer first that the Minor is both false and absurd for the use of Magistrates legislative coercive and punitative power tends to no such ends as is objected but directly to the contrary and if any apply it to such ends it is meerly the abuse not use thereof and the abuse of this lawfull necessary power must not abolish nor blemish its lawfull use no more then the abuse of the very Scriptures of Preaching Food or Ecclesiasticall censures nullifie their use Secondly Hereticks Blasphemers or obstinate Schismaticks being the First-borne of the Devill and Heresie Blasphemy Schisme works of the flesh directly contrary to the Spirit and Word of God it is farre more probable that the not using this power of the Magistrate to punish them will farre more gratifie Satan and prophane carnall men then the exercise of it Thirdly all the godly Christian Emperours Kings States Ecclesiasticall Historians Councils and Authors forecited who have enacted Lawes against Hereticks Schismaticks Blasphemers and have pleaded for the use necessity of this power have been quite contrary minded yea the very Word and Spirit of God and God himselfe who hath given them such a power in expresse tearmes in the Old Testament and New contradict this Anarchicall if not Atheisticall proposition which hath neither Scripture nor reason to back it but the Objectors own bare assertion point-blank against Scripture and the concurrent suffrages of all Ages Fourthly I beseech you observe the impudency of these Objectors who deem themselves the onely Saints what Blasphemies they dare to vent in print That the Magistrates power to crush Heresies Schismes Blasphemies in the use of it plainly and palpably tends to the gratification of Satan and carnall and prophane men and those that are like to suffer by it are men OF GOOD CONSCIENCE AND TRULY FEARING GOD Ergo Hereticks Schismaticks and Blasphemers in their judgment are men of good conscience truly fearing God and those godly Christian Magistrates who out of good conscience and true feare of God shall restraine or punish them for their Heresies Blasphemies Schisms by the rule of contraries are men of no conscience nor truly fearing God but prophane carnall men yea ignorant loose lukewarme and carnall professors as he stiles them and none are pleased with their punishment but Satan and such men as these This is New-light indeed deserving to be hung up at Tyburne by the hands of the Hangman and such absurd Blasphemy as becomes none but Tyburne-Saints Fiftly I answer that it hath been the importunate desire of the true Saints and Ministers of God in all Ages not of ignorant loose lukewarme and carnall Professors as is falsly pretended without proofe or evidence to have all Religions Wayes Sects Opinions and practises in Religion suppressed excepting that one true way and practice which the Scripture warrants and the Christian States wherein they live upon good grounds approve as I have plentifully evidenced in the premises and is manifest by all Historians by the proceedings and Books written against Hereticks and Schismaticks in all Ages by the late Petition of thousands of godly People and Ministers to the Parliament and both Houses Answers thereunto Therefore this bare sottish false assertion to the contrary deserves no other answer but contempt and the Objectors merit no other character for it then that of Titus 1. 12 13. The Cretians are 〈◊〉 Lâ—ars evill Beasts This witnesse is true The eighteenth Objection is this That power which in the use of it directly tends to defile and pollute the consciences of men either by destroying the softnesse tendernesse or ingenuity of them or by disturbing the lawfull peace or comfort of them or by boâ—â— is a power from beneath not from above But such is the coercive power in matters of Religion to crush Schismes Heresies c. wherewith A. S. would faine befriend himself in the civill Magistrate Ergo. The truth of the Assumption appears in this consideration when the conscience of a man hath once broke the bounds and tye of its owne light and prostiâ—uâ—ed it selfe to the desires and lusts of men against the graine of its owne judgment and reclamation whereunto it is secretly tempted and urged when a man is threatned deep in case he shall not comply with the State in their Religion his judgment and conâ—cience being wholly averse to it one of these great evils commonly befals him First God takes no pleasure in such a conscience afterwards he withdraweth himselfe from it and leaves it unto it selfe whereupon it fals upon a course of hardening it selfe and by degrees contracts a boldnessâ— impudence and desperatnesse in sinning Secondly by reflecting on what it hath done in such a â—â—se and câ—sting it up between God and it selfe how grievous a sinne it is to trample upon its owne light upon any coâ—sideration whatsoever it brings it selfe into grievous Agoâ—â—es of Perplexities and Horror out of which it never recovers afterwards To this I answer first that this Argument is founded meerly upon false and carnall reason without and against all Scripture being of the same straine as the former Secondly the Assumption is a grosse falshood proved neither by Scripture nor Historicall Examples nor Experience but asserted onely by the Objectors Thirdly it confounds the abuse of the Magistrates coercive power with the lawfull use thereof as the two former Arguments did and makes the abuse to nullifie the use Fourthly it makes a casuall contingent effect of the use of this coervive power which seldom happens that through the parties own default who is restrained punished or onely frighted thereby to abolish the ordinary good use and effect