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 surreptitiously procured without the Commons assent and repealed the next Parliament or the Statutes of 2.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
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
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
Pulpit then under the best Presbyterian government or Governour in the world Again It is written Psal 33. 10. The Lord bringing the counsel of the people to nought he maketh the devices of the people of no effect which is likewise seconded Isay 8. 10. cap. 19. 3. as he brought the counsel of the enemy to nought against Ierusalem Nehem. 5. 7. to 19. Will it thence follow Ergo Nehemiah and Gods people did ill in setting a watch in arming themselves and fighting against them to frustrate and resist their counsels as me read they did Will any prudent Prince or State neglect to apprehend and execute the Heads or Ringleaders of a new-plotted Treason or fresh Rebellâ—on and forbeare and let them alone because at last they would come to nought of themselves Will any man be so foolish as not to put out a fire which may endanger his whole house or an whole City because peradventure it will at last go out of it selfe when the whole house or City is consumed Doubtlesse no. Gamaliels atgument therefore and our opposers from his reason is neither agreeable to the rules of Divinity or Policy as these instances manifest and right reason to For though Heresies Blasphemies False-teachers Schismaticks and the like will at last come to nought of themselves yet this is no argument at all to forbear and let them alone First because it may be very long before they will come to nought of themselves if let alone whereas the Magistrate by his censures will speedily suppresse them Secondly because they may spread very far doe much hurt and seduce divers if let alone but not so if speedily suppressed and severely punished by the Magistrates as soon as broached and discovered Thirdly because the letting of them alone will breed much disturbance and schisme for the present discontent the most pious zealous religious yea bring judgments on the Churches States Magistrates people that permit them which a timely suppression execution of justice on them might prevent as I have proved in the premises Fourthly it is a received Maxime both in Politicks Ethicks and Physicks To withstand the rise and first beginnings of evils though at last they may come to nought of themselves It is the advice of agraver Doctor then Gamaliel Prov. 13. 24. He that spareth his rod hateth his sonne but he that loveth him chastiseth him BETIMES yea David would EARLY destroy all the wicked of the land Psal 101. 8. and the reason is rendred Eccles 8. 11. Because sentence against an evil work is not executed SPEEDILY therfore the hearts of the sonnes of men is fully set in them to doe evill The longer evils and evill men are tolerated the more obstinate the more pernicious and incurable they grow and therefore Ezra 7. 26. King Artaxerxes gave this charge to Ezra and the Judges Whosoever will not do the law of thy God and of the King let judgement BE EXECVTED SPEEDILY AGAINST HIM whether it be unto death or to banishment or to confiscation of goods or to imprisonment If Dr. Gamaliel Mr. Goodwin or Mr. Peters had been of this good Kings or of Davids Solomons Privie Counsel or Clerks of their convocations or Burgesses in their Parliaments we should never have heard of such precepts Lawes Texts as these against Idolaters and other Malefactors but Gamaliels absurd Counsell Forbeare these men and let them alone must have controled their more sacred and sage advises If Gamaliel Mr. Goodwin or Mr. Peters should advise Gardiners or Husbandmen not to pluck up the weeds in their Gardens and cornefields whiles they are greene and young but to let them alone till they wither of themselves or counsell sick men when their diseases are but breeding or creeping upon them not to take Phisike to prevent or remove them but to forbeare and let them alone till they wore away of themselves or advise Shepherds not to drive any Wolves and Foxes from their flocks as soon as ever they come near or entred the folds but to let them alone till they had filled their bellieson their flocks then they would depart of themselves they would certainely deride reject them as most absurd impolitick Doctors Phisitians Shepheards rather to be hissed at then followed The case of tollerating and letting alone Heretikes Scismaticks false Teachers Blasphemers is just the same who are as badde nay worse then any weeds Pests sicknesses Cancers Wolves and therefore not to be tollerated or let alone but speedily suppressed Hence St. Iohn who was a better Doctor then either Gamaliel Mr. Goodwin or Mr. Peters commanded Christians not so much as to receive false Teachers into their houses nor yet bid them good speed 2. John 10. And Paul himselfe Gal. 2. 4. 5. when false brethren came to spie out his liberty in Christ bring him and others into bondage writes thus of himselfe and them To whom we gave place by subjection NO NOT FOR AN â—OVRE that the truth of the Gospel MIGHT CONTINVE VVITH YOV which else would have been soone corrupted And v. 11. 12. 13. 14. when Peter came to Antioch and seperated himselfe from the Gentiles fearing them of the Circumscition Paul presently withstood him to his face because he was to be blamed and rebuked him before all Yea he gives this rule concerning Hereticks to Titus himselfe Tit. 3. 10. A man that is an HERETICK AFTER THE FIRST AND SECOND ADMONITION REIECT c. He must noâ— be forborne and let alone till he perish and come to nought of himselfe but convicted and cast out presently after a first and second Admonition at furthest Wherefore Gamaliels reason and advise with reference to Hereticks Idolaters Schismaticks Seducers and Blasphemers to which our opposites apply it is certainly most absurd in point of Divinity of Pollicy and not worthy so grave a Doctor of the Chaire His second reason is not much better then it if seriously considered as applied to knowne Hereticks false-Teachers Schismaticks Idolaters or Blasphemers the subjects now inquestion But if it be of God ye cannot overthrow it lest happily he be found to fight against God Therefore Magistrates must forbeare to punish Idolaters Hereticks false Teachers obstinate Schismaticks and Blasphemers who for certain are not of God but fighters against him and let them alone only upon this ground is a strange Nonsequitur Indeed where Magistrates are certainly perswaded in their consciences that any Doctrine way or counsell is of God himselfe or have sufficient grounds to incline their consciences to beleive that such persons Doctrines wayes are or most probably may be of God there it is safest to forbeare the oppression or suppression of them if it may stand with publike peace and safety and this advise will warrant as much But when there is no such certaine or faire probability but a cleare conviction that such Persons Doctrines wayes Schismes are not of God but against him then this advice and reason of Gamaliel holds not
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
Arâ—ian Bishops are justly blamed by Hilary for using externall force violence prisons banishments death against the Orthodox Christians guilty of no Heresie nor Schisme Therefore godly Emperours Princes Magistrates are blame-worthy for imprisoning restraining or putting obstinate dangerous Hereticks to death All other Objections from the Fathers will receive the selfe same Answer If any object in the second place the 56. Canon of the fourth Councill of Toledo prohibiting the Enforcing of the Iewes to beléeve by externall violence in these words De Judaeis autem praecepit sancta Synodus nomini deinceps ad credendum VIM INFERRI Cui enim vult Deus miseretur quem vult indurat Non enim tales INVITI SALVANDI SVNT SED VOâ—ENLES Vt integra sit forma justitiae Sicut enim homo propria arbitrii voluntate serpenti obediens periit sic vocante gratia Dei propriae mentis conversione homo quisque credâ—ndo salvatur Vt NON VI sed liberâ arbitrii voluntate convertantur â—VADENDI SVNT NON IMPELLENDI Qui autem jampridem ad Christianitatem venire coacti sunt sicut factum est temporibus Religiosâ—â—imi Principis Sisubetis quia jam constat â—os Sacramentis divinis sociatos Baptismi gratiam suscepisse chrismate Vnctos esse corporis Dominici Sanguinis extitisse participes oportet ut fidem etiam â—uam VI VEL NECESSITATE SVSCIPERVNT TENERE COGANTVR ne nomen Domini Blasphemetur fides quam susciperunt vilis contemptibilis habeatur I answer first that the forcing and compelling of professed Jewes who never embraced Christianity to beleeve and be baptized against their wils is one thing and the punishing of Hereticks who have once embraced professed the Christian Faith and revolted from its sincerity another thing therefore this Councils prohibiting the former doth no wayes impeach the lawfulnesse of the later The one being an enforcement of an unbeleever the other a punishment of a wilfull misbeleever Secondly it is one thing to enforce Jewes to come to the outward Ordinances and Meanes of conversion that they may beleeve or be converted by them and another thing to enforce them to beleeve and be baptized before instruction or conviction the first this Council condemnes not but the later onely Thirdly there is a difference between compelling Jewes by outward violence to be baptized and professe themselves to be Christians and restraining of them by Lawes and punishments not to exercise their Jewish Ceremonies or vent their Blasphemies in contempt of Christ and Christian Religion the later whereof this very Council restraines Can. 58 â—â— 66. Fourthly this very Canon informes us that some Jewes were compelled to be baptized and embrace the Christian Religion in the Reigne of their most Religious Prince King Sysubet and those having once embraced the Gospel and received the Sacraments though by coertion are by like coertion to be enforced to perservere in this Profession by the determination of this very Canon Therefore by the selfe same reason Hereticks who have once embraced the orthodox Faith and revolt from it unto damnable Heresies are by this Councels resolution even by outward force and punishments to be compelled to renounce their errours and persevere in the orthodox Faith they once embraced professed or else they may be justly punished by the civill Magistrate least Gods name should be blasphemed c. Which is so far from making against that it is a direct determination for me especially if we consider the many penall coercive Lawes made against the Jewes in Spaine about and soon after the time of this very Council recorded at large by Fredericus Lindebrogus where you may peruse them Fiftly there is a wide difference between naturall borne Subjects and meer Forraigners or Aliens who are no Subjects but Sojourners in a Kingdome as the Jewes were in Spaine A Prince may compell the one being his Subjects and living under his Laws to such things as he cannot in justice enforce the other The King and State of England may compell all English Scottish Irish Subjects to repaire to our publick Assemblies and to submit to that Chuch-government which shall be established by common consent in Parliament but they cannot enforce a Jew a Turk or Spaniard who sojourne here as Factors to make publick profession of our Religion and submit to our Church-government though they may restrain their open Idolatry and blasphemy All which considered there is nothing in this Canon nor in any other ancient Council or Father that I have met with which well understood will any way contradict but ratifie and confirme my Thesis the contrary assertion being maintained onely by the schismaticall hereticall Donatists to uphold their faction in poynt of Thesis though directly contradicted by their practise as Augustine demonsttates and Optatus too who have largely refuted this their Anti-Magistraticall error in their forecited and succeeding Passages For popish Authors besides the Canonists already cited I could mention divers who assert and prove at large That obstinate Hereticks and Blasphemers ought to be suppressed imprisoned banished yea BURNT OR PUT TO DEATH by the Christian Magistrate I shall give you a Catalogue of some few of them instead of many as namely Vincentius Spec. Moral Par. 3. l. 3. Disti 31. De Haeresi Gulielmus Peraldus Summa Virtutum ac Vitiorum Tom. 1. De Justitia c. 7. p. 181 to 185. where this is largely proved Alexander Fabritius Destructorium Vitiorum pars 6. c. 4. 39. Lucas Tudensis Adversus Albigenses l. 3. c. 15 16 21 22. who copiously asserts it Reynerus Contr. Waldenses c. 9 10. Antoninus Histor pars 3. Tit. 19. c. 1. sect 4. Summae pars 2. Tit. 12. c. 4. Joannis Ferus in Matth. c. 13. Sermo c. 3. in Domin 5. post Epiphan p. 465 467. Thomas Waldensis Doctr. Fidei l. 2. Artic. 3. c. 71. Alexander Alensis Sum. Theologiae pars 2. quest 162 163 164. Lupoldus De Zelo German Veterum Principum cap. 2. Thomas Beauxamis Harmoniae Evangelicae Tom. 2. f. 406. where he proves The lawfulnesse of burning Hereticks from divers Scriptures as a prologue to their eternal burning in Hell fire hereafter if they repent not Alphonsus deCastro Adversus haereses l. 5. dePunitione haeret Jacobus Noâ—nera de Ecclesia Christi ab Haereticorum Conciliabulis Dinoscâ—nda l. 1 2. Paulus Windeck de Extirpandis Haereticis Paulus Grillandus De Haeereticis eorum poenis where this is fully proved That Hereticks may and ought to be punished and put to death by the Civill Magistrate Conradus Brunus De Haereticis l. 3. c. 13. John Fisher Bishop of Rochester in his Assertionis Lutheranae Confutatio in his Works in folio printed 1597. p. 272. Artic. 33. Col. 633 to 644. where he largely argues the lawfulnesse of putting Hereticks to death enforcing this argument among others in these termes Ego quidem Haereticos interimendos opinor ubi non potes aliter
l. 5. 10. Joan. Witlingius de Anabaptistis Bullinger advers Anabaptistas Guide Bres Contre les Anabaptistes Jo. Gastius de Exordio Anabaptistarum c. Pontanus Catalogus Haereticorum Doctor Daniel Featly his Dippers Dipt Master Robert Bayly his Anabaptism c. and his Disswasive from the Errors of the times Mr Edwards his Gangraenaes Spanhemius Diatribe Historica De Origine Progressu Sectis c. Anabaptistar Joannes Assuerius Ampsingius Disputationes advers Anabaptistar Hartmannus Springelius de Hodiernis Haeresibus Haereticis Conradus Shiressime Vergent Haereticorum Catalogus Conradi Haeresbachii Historia Anabaptistica Una cum Notis Theodori Strackii Lamberti Hortensii Cloppenburgii Gangraena Anabaptistica Nicholaus Blesdikius Historia Davidis Georgij with others who have written of and against the Anabaptists the ignorance of whose abominable Errors Dispositions Blasphemies Seditions Heresies Vices and their late impunity is the only cause of their dangerous increase Theodoret. Eccles Hist lib. 5. cap. 7. Mustering up the names of the Ringleaders of the Arian Haeresy and the Seedsmen who sowed its tares in the Eastern parts and then watred and fostred them adds this as the main reason of this Heresies dangerous growth His malis Agricolis subsidio fuit CUM NIMIA CONSTANTIJ FACILITAS tùm improba Valentis nequitia I pray God the overmuch connivance and indulgence of most and underhand countenanceing of some in Authority of the Ringleaders of this dangerous faction do not nourish such a venomous Cockatrice in our bosome as may sting our Church State Parliament Magistracy and Ministry to death ere long and may yet be crushed though not in the shel by speedy and just severity as it was in former times not only in Germany and other forraign parts but even in ENGLAND some of this Sect of Anabaptists being burned in Henry the eighth and Queen Elizabeths Reign and the rest banished of which more anon These severe prosecutions against them heretofore and many other of like nature since even by Protestant Princes Magistrates shews how dangerous this Sect is now and may make all wary how they revolt unto them To passe from these and come somewhat nearer home I find among the Statutes of Scotland sundry Acts made against Idolatry Popish Masses Apostacy Seminary Priests Jesuites and Noncommunicants punishing them with pecuniary and other corporal and capital punishments and with banishment as James 8. Parl ament 1. c. 2 3. 5. Parl. 3. c. 1. 45 46. 53. Parl. 7. c. 106. Phrl. 10. c. 24. 27. Parl. 12. c. 120. Parl. 13. c. 60. Parl. 14. c. 193. Parl. 16. c. 17 18. Parl. 19. c. 1. and the 2. Parliament of King Charls Session 1. Act. 4. which you may find in Regiam Maiestatem and their Statutes at large Their recital I omit for brevity sake having more largely insisted upon them in my Truth triumphing over Falshood Antiquity over Novelty Wherein I have fully vindicated the Parliaments Legislative Power in all Ecclesiastical matters by Presidents in all ages both forraign and domestick to which I shal refer the Reader for full satisfaction in that particular Controversy there copiously debated and therefore shall not here insist upon it I now proceed to Domestick Presidents Laws of our own which are very full to the point in question in which I shal be a little more copious for the informing and satisfying others of my Profession and the encouraging of them to put the very ancient Common Law of England in execution for the future against Hereticks Apostates Blasphemers Anabaptists and other obstinate Separatists I shal for my more methodical proceeding herein in an historical manner begin with the first proceedings and punishments against Hereticks in this our own I sland long before Popery crept in upon it and then proceed to Laws and Punishments in succeeding times as well under our Popish as Protestant Princes And shal likewise clear it to every mans judgement That Heresie Apostacy Blasphemy and Schism as they are Criminall and Capitall are properly tryable onely by way of Inditement at the Common Law in the Kings temporal Courts before his Temporal Iudges not in Bishops Consistories who usurped the sole Iurisdiction and Cognizance of Heresie by degrees at last whereas they were only consulted with by godly Princes by way of advice counsell or assistance at first to help inform their consciences and judgments what ought to be reputed Heresy or Blasphemy and that usually in general or National Councels and that those who are guilty of these may as legally be tryed before our Iudges now as Seminary Priests and Iesuits against whom the Convocation Bishops in their Consistories never as yet Criminally proceeded as they did formerly against Heretiques but only the Common Law Courts which both convict arraign condemn and execute them too as such How Heretickes have been heretofore and may now be proceeded against in our own Realme I shall give you a breife Account The first Heresie I read of that infected and infested this our Island was the Arrian quae corrupto orbe toto hanc etiam insulam extra orbem tà m longè remotam veneno sui infecit erroris Et hac quasi via pestilentiae trans Oceanum patefacta non mora omnis se lues Haerescos cujusque Insulae NOVI SEMPER ALIQVID AVDIRE GAVDENTI ET NIHIL CERTI FIRMITER OBTINENTI infudit writes our venerable Beda This Haeresie sprung up in the time of Constantine the Great who was crowned Emperour in Britain and was condemned in the Councell of Nice And it together with the Heresies of Novatian Valentinian Paulus the Marcionists Cataphrygians and others which crept in with it were punished by this Emperor Constantine with BANISHMENT and by his Edict all their meetingâ—were suppressed and the places wherein they met confiscated after which the Arrians in Britain were removed from their stations by the Emperour Constantine The next Heresie which grew up at home among us was that of Pelagus alias Morgan a Britton Abbot of Bangor in the reign of Arcadius and Honorius which spreading it's poyson far and neare Honorius and Theodosius the Emperors by their Edict commanded Pelagius and Celestius his companion to be apprehended where ever they should be found by any man whatsoever and to be accused and brought to publick audience by any and by publick sentences to be condemned to INEXORABLE BANISHMENT to preserve others from infection And our learned Bale out of Walden affirms that Pelagius was BANISHED this Island by his Britons for his Heresy and hereticall Bookes This Heresy of his reviving again in Britain there was a Synod assembled at Verolam Anno 446. whereunto a multitude of men and women resorted where Germanus and Lupus two French Bishops so refuted Agricola and his confederates that they silenced them quite Whereupon the people could hardly hold their hands from pulling them in pieces Et post diem illum it a ex animis omnium
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
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
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
jussum Imperatoris which Augustine largely asserts in his 48. 50. Epistles Wherefore this Position that Christ never used the power of the world towit of Christian Kings and Magistrates is directly contrary to these Texts and to Psal 78. 70. 71. 7â— 2 Chron. 9. 8. c. 18. 5. 6. 7. Exra c. 4. and 5. 6. 7. Isay 44. 28. c. 45. 1 2 3 4. c. 49. 23. Act. 22 which expresly resolve that Kings are Gods Deputies and Instruments by which he acts rules judgeth protects his owne people but suppresseth his enemies and evill doers and seemes monstrous unto me 2ly If the objector intends that Christ whiles he was on earth in the flesh did not make use of the civill Magistrates power but only of the word to convert men from Iudaisme and Paganisme to imbrace the Gospell This is true but will it follow thence Ergo Ministers and Christians must not make use of the power of Christian Kings and Magistrates to suppresse or punish Heresies Hereticks Seducers Blasphemers or obstinate Schismaticks certainly no For then I may argue in like manner Christ didnot make use of their power while on earth to punish any Murderer Traytor Adulterer Drunkard Swearer Thieâ—e c. Ergo no Minister nor Christian may now use them for such ends Yea then I may further argue Christ did not make use of any Souldiers Captaines or Colonells to preach the Gospell nor yet to dip and rebaptise any whiles he was on earth Ergo we ought not to make use of any such preaching dipping rebaptising Souldiers Captaines Col. now who yet run up into our Pulpits preach their owne errors in private corners yea dip or rebaptise in Rivers every where If Mr. Dell deny not but grant this last conclusion I feare most of his Saints and anoynted ones for whom hee pleads will renounce or casheire him If hee deny it he must by the selfesame reason deny his owne objection Thirdly the Kings and supream secular powers of the world in Christs time were in open hostility against Christ and none of them Christian but all Antichristian Acts 4. 25 26 27 28 29. and Psal 2. No wonder then if Christ made no use of their power But since that many of them have been and yet are truly Christian and religious as some Kings of Iudah and Magistrates were truly pious before Christs time Therefore he may well make use of their power now being for and from him though he did not whiles he was on earth as he made use of Moses Ioshua David Solomon Hezekiah Nehemiah Cyrus with others heretofore yea of Nebuchadnezars power to make lawes to punish blasphemy after his conversion Dan. 3. 29. who formerly enacted lawes and punishments to enforce the adoration of his golden Idol and cast Shadrach Meshach and Abednego into the fiery furnace for transgressing them though afterwards he promoted them for their constancy and sufferings in Gods cause Fourthly Christ whiles he was on earth did notmake use of the books of the New Testament nor of the gift of tongues to convert men I hope Mr. Del dare not thence maintaine Ergo we ought not to make use of these books now for this purpose as some of our Sectaries now and Anabaptists heretofore have taught Fifthly Christs main work on earth was to preach the Gospel as a Minister Luke 4. 18 19 20. 43. Mark 1. 14 c. 8. 1. not to punish Malefactors as a Judge or Magistrate To argue then as Mr. Dell doth Christ did not use the power of the World or Magistrate as he was a Preacher but of the Word alone Ergo Magistrates under the Gospel have no power to punish Hereticks Schismaticks Blasphemers and such like Malefactors is rather to speak Nonsense then Reason or Divinity And so much for his first Argument The second is this Christ commanded not his Disciples to use any such outward power but commanded them to preach Ergo they may not goe to the secular Magistrate to ask power to punish imprison or sell the goods of Hereticks Blasphemers Seducers and obstinate Schismaticks neither may Christian Magistrates punish such with corporall or capitall punishments I answer first that Christ sent his Aposcles only to baptize and preach the Gospel as Apostles not to punish Malefactors as Magistrates Therefore the Argument is meerly Independent Secondly the Magistrates then were Iewish and Heathenish not Christian against Christ and Religion not for them And to argue thus The Apostles prayed not aide from Iewish or Heathen Magistrates against Hereticks false Teachers Schismaticks Blasphemers or any other Malefactors Ergo Ministers and good Christians may not pray in aide from Christian Kings and Magistrates against such nor have they right to inflict corporall or capitall censures on them ex officio is a most independent inference Thirdly the Apostles had such a power in defect of Christian Magistrates that they miraculously by the power of Christ punished Ananias and Saphyra with sudden death for lying unto the Holy Ghost and tempting God Acts 5. 1. to 12. Yea Paul struck Elymas the Sorcerer when he would have perverted the strait wayes of God and hindred Sergius Paulus the Deputy his conversion seeking to turn him from the faith with sudden blindnesse that he could not see the Sunne whereupon the Deputy when he saw what was done believed Therefore Ministers may in an ordinary way make use of the power of Christian Magistrates to punish or cut off Hereticks Seducers and Blasphemers against the Holy Ghost Or if not yet Magistrates ex officio are bound to do it without their intreaty Fourthly Paul himself though an Apostle Rom 13. 3 4. and Peter too in the 1. Peter 2. 13 14. pray in aide from Kings and the higher civill powers for the punishment of evill doers as being Gods Ministers and revengers to execute wrath upon them that are evill as well under the Gospel as Law and S. Iohn informes us that the ten hornes who are ten Kings shall make the Whore of Babylon desolate and naked and eate her flesh and burne her with fire Revel 17. 16. Therefore Hereticks Schismaticks Blasphemers and False teachers being evill doers the Ministers of God by warrant from these very Apostles may pray in aide of the Secular powers against them what ever Mr. Dell who prays in aide of the Parliament against the Presbyterians in his Epistle Dedicatory in a forceable manner hath fancied to the contrary whose assertions certainly are no Oracles And whereas he addes to the scandall of our Parliament and present Government that the secular Magistrates do now in some parts of the Kingdome even practise their power upon the SAINTS in punishing or imprisoning them and selling their goods I dare averre it a most grosse slander desire him to define who where those SAINTS are and what their names If he mean by this St. Iohn Lilburne that impudent Lyer Slanderer of both Houses of Parliament of the eminentest Members