when King Nebuchadnezzer erected an Image of gold as his god which he made choyce of for him and all his people to worship he made a publike Proclamation by an Herald that all people nations and languages assembled to its dedication should fall down and worship this golden Image and that who so fell not down and worshipped it SHOULD BE CAST INTO A BURNING FIERY FURNACE And for disobeying this Proclamation Shadrach Meshach and Abednego were cast into his furnace as Malefactors Thus ACTS 16. 16 to 35. The Idolatrous people of Thyatiâ—a after that Paul and Sylas had preached against their Idols and dispossessed the damosel there possessed with the spirit of divination rose up against Paul and Sylus and caught and brought them to the Magistrate saying These men being Jews do exceedingly trouble our City and teach customes which are not lawful for us to receive nor observe being Romans whereupon the Magistrates rent their clothes and commanded to beat them and when they had layd many stripes upon them they cast them into prison charging the goaler to keep them safely who having received such a charge cast them into the inner prison and made their feet fast in the stocks reputing them Hereticks Schismaticks Opposers of their false Deities and Religions So ACT. 19. 21. to 46. Demetrius the silver-smith who made shrines for Diana stirred up the people at Ephesus against Paul and his Associates by these speeches Moreover ye see and hear that not alone at Ephesus but almost throughout all Asia this Paul hath perswaded and turned away many people saying that they be no gods which are made with hands So that no only our craft is endangered to be set at naught but also that the Temple of the great goddesse Diana should be despised AND HER MAGNIFICENCE SHOVLD BE DESTROYED whom all Asia and the world worshippeth And when they heard these sayings they were full of wrath and cryed out saying Great is Diana of the Ephesians And the whole City was filled with confusion and having caught Gaius and Aristarchus Pauls companions in travel they rushed with one accord into the Theatre and no doubt would have murdered them and Paul too could they have caught him as BLASPHEMERS of their Goddesse had not the Town-Clerk appeased the multitude and told them the matter should be deeâ—rmined in a lawful assembly So the Jews out of their blind zeal stoned Stephen as an Heretick and false Teacher for reproving them for persecuting and slaying the Prophets who had shewed before of the comming of the Holy One of whom they had been the betrayers and murderers ACT. 7. 7. Thus Paul before his conversion out of the like fals zeal made havock of the Church entring into every house and hailing men and women committed them to prison And yet breathing out threatnings and flaughters against the Disciples of the Lord he desired letters of the High Priest to Damascus to the Synagogues that if he found any of this way man or woman he might bring them bound unto Jerusalem ACT. 8. 1. 3. c. 9. 1 2. Yea he did shut up many of the Saincts in prison and when they were put to death gave his voyce against them and punished them oft in every Synagogue ACT. 26. 9 10 11 12. Thus the seduced Jews out of a blind zeal apprehending Paul to be an Heretick and Schismatick ACT. 21. 28 29. c. stirred up all the people and laid hands on him crying out Men of Israel help this is the man that teacheth all men every where against the people and the law and this place and farther brought Greeks into the Temple and hath polluted the holy place And all the City was moved and the people ran together and they took Paul and drew him out of the Temple and beat him And as they were about to kill him tydings came unto the chief Captain of the band that all Jerusalem was in an uproar who immediately took Souldiers and Centurions and ran down and took Paul and commanded him to be bound with two chains and brought him into the Castle After which he was brought before the Councel accused before Felix by the Iews and Tertullus for a mover of sedition among the Jews throughout the world and a ring-leader of the Sect of the Nazarens whom they took and would have judged according to their law but that the chief Captain Lysias rescued him out of their hands ACT. 24. 5 6 7 and all this for worshipping God after the way which they called HERESY ACT. 24. 14. So ACT. 12. 1 2 3 4. we read that Herod the King stretched out his hand to vex certain of the Church and KILLED James the brother of John with the sword and took and imprisoned Peter too intending after Easter to bring him forth to the people Yea our Saviour himself tells his Disciples JOHN 16. 2. The time cometh that WHOSOEVER KILLETH YOV shall think he doth GOD GOOD SERVICE as the Pagan Roman Emperors and other Heathenish Princes Magistrates Nations did in the Primitive persecutions recorded in all ancient and modern Ecclesiastical histories Now what was the ground of Nebuchadnezzers and these other Pagan Idolaters and seduced Jews corporal Censures and capitall Proceedings against the Servants Apostles and Saints of God but this they deemed them Hereticks false Teachers Opposers and Blasphemeâ—s of their Idol-gods and false Religions which they embâ—aced beleeved as the true For as the very light of Nature instructs all Nations that there is a God and instigates them to elect and adore some Deity or other as their God and Savior So it farther instructs them that that Deity they adore and that Religion they imbrace is no ways to be openly blasphemed reviled oppugned contemned under pain of the most severe capital punishments because such offences against the supreamest Majesty of God transcend any Treason against an earthly Soveraign whence most Laws and Nations have made them capital and by the light of Nature in all ages punished such whom they esteemed Atheists Hereticks Blasphemers of their gods or oppugners of their established Religion with no lesse then capital Punishments and the severest Censures as is evident by these Scripture instances and sundry other Hence is that notable saying of Seneca Violatarum Religionum aliubi atque aliubi diversa poena est SED VBIQVE ALIQVA as wel as of homicide parricide and poysoning Hence the Philosopher Plato in his 10. Book de Legibus condemns those to be put to death who are Violaters or Corrupters of Religion Hence the Amphictions by the advise of Solon raised a War against the Tirrhaeans for offring violence to the Temple of Delphos and Philip of Macaedon levyed War against the Phocians for their Sacriledge in spoiling the Temple of Delphos quod orbis viribus expiari debet writes Justin. This War continued eleven years til all who were guilty of this Sacriledge were utterly destroyed which Demophilus and Diodorus Siculus stiled Bellum
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
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
Anabaptists do deny Secondly because Christian Kings and Magistrates under the Gospel have the self-same authority as godly Kings and Magistrates had under the Law even as Parents Masters Husbands naturall Magistrates have the self-same authority over their Children Servants Wives under the Gospel as they had under the Law ROM 13. 1. to 6. TIT. 3. 1. 1 PET. 2. 13 14 15. c. 4. 15. compared with EPH. 6. 1. to 8. c. 5. 21 22. COL 3. 18. to 25. 1 TIM 6. 1 2. 1 PET. 3. 11. 12. 13. c. 2. 18. there being no one text in the New Testament which restrains either Kings or Magistrates power given them by God in the Old Thirdly because the ends and uses for which Magistrates were instituted are the same under the New Testament and Old ROM 13. 1. to 6. 1 TIM 2. 1 2 3. 1 PET. 2. 13. 14. c. 4. 15. ISA 1. 49. 23. therefore their power and rule the same Fourthly because the precepts given to Magistrates under the Law for punishing Idolaters Apostates False Prophets Hereticks and Blasphemers are not Ceremonial or Judicial but moral and perpetual and so of equal obligation under the Law and Gospel as wel as the Decalogue and Moral Law of God Fifthly because godly Kings and Christian Magistrates ought to be as zealous for God and his truth if not more zealous under the Gospel as they were under the Law REV. 3. 19. c. 2. 14 15 16. 20. 23. compared with NUM â— 15. 11 13. 2 KING 10. 16. c. The Minor I shal ratifie by this particular Induction First for Idolatry Idolaters Apostates False Prophets and Seducers of men from the true God and Religion to Idols and Idolatry we have these expresse precepts warranting if not commanding the civil Magistrate to inflict corporal and capital punishments on them â— Levit. 20. 2. to 6. Whosoever of the children of Israel or of the strangers that sojourn in Israel that giveth any of his seed to Molech that is sacrificeth any of his children or maketh them passe through the fire to that Idol LEVIT 18. 21. 2 KING 21. 10. He shal SVRELY BE PVT TO DEATH the people of the Land shal stone him with stones and I wil set my face against that man and wil cut him off from among his people because he hath given of his seed to Molech to defile my sanctuary and to prophane my holy Name And if the people of the Land do any way hide their eyes when he giveth his seed unto Molech and kil him not then I wil set my face against that man and against his family and wil cut him off and all that go a whoring after him to commit whâ—rdâ—me with Molech from among their people From which text we may observe these particulars First that not only such stranger Idolaters who constantly worshipped Idols and never adored the true God were to be put to death by the Israelites but even such of the Israelites themselves and of the sojourners among them who turned Idolaters and sacrificed unto Molech to whom they offered their children were to be surely put to death and stoned with stones by the people without m r y being first convicted and condemned by the Magistrate Secondly that the Magistrates and peoples hiding of their eyes and sparing such as these contrary to this precept was a grievous sin Thirdly that where the Magistrates and people winked at such an Idolater and hid their eyes from him God himself in their default would set his face against him and cut him off from among his people and not only so but would set his face against his family and cut off all them that went a whoring after him from among his people whereas if the Magistrate had punished him his family had not been thus cut of by God Fourthly that it is not sufficient to leave Idolaters Hereticks and Blasphemers to Gods own vengeance and execution who wil certainly cut them and their families off if they repent not but themselves must likewise cut them off as God commands before God proceeds to do it they being his Ministers and Executioners appointed for this end who must not put off the Execution of such to God the supream Judge no more then the Hangâ—â— man amongst us may transfer the Execution of a Felon or Traytor to the Judge who condemns them which answers and refutes one main objection of our opposites that we must leave Idolaters Hereticks and False Teachers unto Gods Judgement and Execution if we cannot convert them by the Word and let such tares to grow til the harvest amongst the Corn. Secondly Deut. 13. 1. If there arise among you a Prophet or a Dreamer of dreams and giveth thee a signor a wonder and the sign or the wonder come to pass whereof he spake unto thee saying let us go after other gods which thou hast not known and let us serve them Thou shalt not hearken unto the words of that Prophet or that Dreamer of dreams for the Lord your God proveth you to know whether you love the Lord your God with all your heart and with all your soul yee shal walk after the Lord your God and fear him and keep his Commandments and obey his voyce and you shal serve him and cleave unto him And that prophet or that dreamer of dreams shal be put to death because he hath spoken to turn you away from the Lord your God which brought you out of the Land of Egypt and redeemed you out of the house of bondage to thrust thee out of the way which the Lord thy God commanded thee to walk in so shalt thou put the evil away from the midst of thee If thy brother the son of thy mother or thy son or thy daughter or the wife of thy bosome or thy friend which is as thine own soul entice thee secretly saying let us go and serve other gods which thou hast not known thou nor thy fathers namely of the gods of the people which are round about you or nigh unto thee or far off from thee from one end of the earth even unto the other end of the earth Thou shalt not consent unto him nor hearken unto him neither shal thine eye pity him neither shalt thou spare neither shalt thou conceal him But thou shalt surely kil him thine hand shal be first upon him to put him to death and afterwards the hands of all the people And thou shalt stone him with stones that he dye because he hath sought to thrust thee away from the Lord thy God which brought thee out of the Land of Egypt out of the house of bondage And all Israel shal hear and fear and shal do no more any such wickednesse as this is among you If thou shalt hear say in one of thy Cities which the Lord thy God hath given thee to dwel there saying Certain men the children of Belial are gone out from among you and have withdrawn the Inhabitants
of the multitudes of Idolaters round about them of the many strong enticements and their own proneness thereunto So upon the like reason the New Testament is far more frequent in exhorting Christians under the Gospel to beware of Hereticks Schismaticks and False Teachers then of Idolaters and of Heresie and Errors in Religion then of Idolatry because Idolaters under the Gospel when most Idolatrous Nations should be converted and the vanity the false-hood of Idolatry fully discovered should be nothing so dangerous so infectious so numerous so diligent and cunning to seduce men as Hereticks Schismaticks False Teachers and Idolatrie nothing so apt to seduce men to it as heretical and erroneous Tenets which have a more specious shew of truth and greater colour of warrant from the Scriptures then Idolatry Wherefore godly Kings Magistrates States should be more severe and vigilant against obstinate Hereticks Seducers False Teachers Heresie c. then against professed Idolaters or Idolatry wherewith their people are seldom endangered seduced and the many reiterated Caveats against them in the Gospel will warrant them to proceed against such as capitally as severely under the Gospel as godly Magistrates and Princes proceeded against Idolaters and False Teachers under the Law That Christian Kings States Magistrates under the Gospel have the self-same Power and Commission as godly Kings States Magistrates had under the Law I have formerly manifested and is undeniably proved by ROM 13. 1. to 6. 1 TIM 2. 1 2. TIT. 3. 1 2. 1 PET. 2. 13 14 15. compared with 2 SAM 23. 3. 1 KING 10. 9. PSAL. 101. 8. PSAL. 78. 71 72. ISA. 16. 5. c. 32. 1. PROV 20. 2. 8. 20. c. 24. 21 22. c. 25. 5. c. 29. 4. 16. and other texts Yea it is a Maxime under the Gospel as wel as under the Law That a right hand must be cut off and a right eye pulled out any member especially the corrupt Members of a Christian Church or State destroyed by the Magistrate rather then the whole body infected endangered destroyed MAT. 5. 29. 30. c. 18. 8. MARK 9. 45. JOH 11. 50 51 52. c. 18. 14. ROM 5. 7 8. GAL. 5. 12. As therefore pious Kings and Magistrates under the Old Testament might lawfully cut off one or more Idolaters Seducers Blasphemers Apostates to preserve the whole Church and State from destruction infection ruine and avert Gods wrath DEUT. 7. 2. 4. c. 13. 7. 9 10 11. 15 16 17. NUM 16. 26. c. 25. 4. to 14. So by like reason may Christian Kings States Magistrates under the Gospel off rotten Hereticks Seducers Blasphemers and the like putred Members from the body of their Churches and States by capital punishments to ward off Gods Judgements from the rest as wel as Traytors Murtherers Theeves and other Malefactors as the fore-quoted texts together with the 1 COR. 5. 6 7. 13. ROM 13. 3. 4. fully evidence But lest this should not fully satisfie I shal next proceed to Arguments drawn from the New Testament only wherein I shal thus argue in the sixth place Magistrates Kings Rulers and the Higher powers under the Gospel it self are ordained continued by God and men for this very end among others to be a terror to evil doers and workers to be Gods Ministers Avengers to execute wrath upon them that do evil and not to bear the sword in vain being sent FOR THE PUNISHMENT OF EVIL DOERS Nay Christians themselves are to obey submit unto them and injoyned to pray for them that under them they may live a peaceable life IN ALL GODLINESSE and HONESTY they being the Ministers of God for their good ROM 13. 1. to 6. 1 PET. 2. 13 14. TIT. 3. 1. 1 TIM 2. 1 2 3. Yea Christ himself commands his disciples when they should be brought before them nay SCOURGED KILLED and PUT TO DEATH BY THEM not to dispute their power as some do now but to submit unto it as he did to Pilates MAT. 10. 17 18. 21. LUK. 22. 12. 17. JOHN 16. 2 3. Upon which grounds Paul being brought before Festus Felix Agrippa and accused by the Jews of HERESY stirring up of sedition among the Jews throughout the world teaching against the Law and defiling the Temple justified himself and denyed these accusations but demurred not to their Jurisdiction using this notable speech ACT. 25. 10. IF I BE AN OFFENDOR OR HAVE COMMITTED ANY THING VVORTHY OF DEATH IREFUSE NOT TO DYE BUT IF THERE BE NONE OF THESE THINGS VVHEREOF THEY ACCUSE ME NOMAN MAY DELIVER VNTO THEM I APPEAL VNTO CAESAR Where Paul appeals not from but to the Supream Civil Magistrate from the Jews even in a case of Religion yea of Heresie Schism Superstition as it was then accounted not refusing to dye IF HE HAD DONE ANY THING VVORTHY OF DEATH and were guilty of this charge Therefore by these Gospel Texts and Presidents Christian Magistrates Kings Rulers and the Higher Powers under the Gospel have right to inflict corporal pecuniary and capital Punishments upon notorious dangerous Idolaters Apostates Hereticks Blasphemers False Teachers and obstinate Schismaticks who are evil doers in the highest degree dishonoring and blaspheming God undermining Religion subverting the faith of many bringing upon themselves and others swift damnation disturbing the Peace Order Doctrins of the Church and bringing down Gods Wrath Judgements on the Churches States Kingdoms wherein they live and destroy the very stock and faith of Christ as much as in them lies Rom. 16. 17 18. Gal. 5. 19 20 21. Phil. 3. 2 Mat. 7. 15. cap. 23. 14. 26. 27. 28. Acts 20. 29 30. 1 Tim. 4. 1 2. 2 Tim. 2. 17 18. Tit. 3. 10 11. 2 Pet. 2. 1 2 3. Rom. 1. 18. to the end Revel 2. 15. to 24. 1 Cor. 5. 6 7. 13. Heb. 12. 15. I suppose our Oppositers are not so impudent to deny but that Christian Princes States Magistrates under the Gospel may punish Traytors Murderers Theeves Witches and other Idolaters with corporal and capital punishments because they are evill doers even by vertue of the forecited Texts then by the self same reason they must likewise punish all obstinate seducing Hereticks Blasphemers Schismaticks c. with the self-same punishments who are guilty of High Treason and Blasphemy against God himself the Father Son Spirit Gospel Christian Faith Destroyers Murderers of mens very souls and greater disturbers of the States and Churches wherein they live then any Theeves Felons Witches Can any rational Christian think that God would so severely punish Idolaters Blasphemers and seducing Prophets under the Law with inexorable death and yet let them and Hereticks scape unpunished under the Gospel there being no variablenesse nor shadow of turning in him That he would appoint Magistrates to punish only the smallest offences between man and man and not to correct and punish the most heinous offences and Treasons against himself being his own Avengers Ministers Vicegerents Would it not be deemed a grand absurdity in earthly Kings and
praestigiosa illa superstitio deleta est vt sacerdotum ipsorum orthodoxorum Doctrinam sitientibus desiderijs amplexerentur After which this heresie sprouting up again in the year 449. Germanus and Severus coming hither out of France to suppresse it there was another Councell assembled wherein the Authors of this revived heresy were inquired after and being found were condemned and BANISHED the Island by the generall sentence of all Omniumque sententia pravitatis auctores qui erant EXPVLSI INSVLA sacerdotibus adducuntur ad medeterranea deferendi ut regio absolutione illi EMENDATIONE fruerentur factumque est ut in illis locis multo ex eo tempore fides INTE MERATA PERDVRARET This was the happy issue of these Hereticks banishment that religion from that time continued uncorrupted and this Island was thereby freed from the Pelagian heresie for many ages after Anno Dom. 630. Theodor Archbishop of Canterbury being a Graecian borne hearing that the Church of Constantinople was very much troubled with the haeresy of Eutiches to preserve the Churches of England free from that infection assembled a Councel at HEDTFELD of many Priests and learned men wherein they made a Confession of their Faith concerning the Trinity and Vnity and declared their assents to the generall Councels of Nice Constantinople the first and second Ephesus Calcedon and of Rome under Martin whereby he prevented the heresies condemned by them from springing up in this Isle A good effect of this Synodall Assembly Gulielmus Nubrigensis records that in the reign of King Henry the 2. about the year of our Lord 1161. certain erroneous persons commonly called Publicanes came into England These having their originall heretofore out of Gascoygne from an uncertain Author infused the poyson of their mis-beliefes into divers Countries for in the most ample Provinces of France Spain Italy and Germany so many were said to be infected with this pestilence that they seem'd to be multiplied more then the sand on the Sea-shore in multitude Finally whilest the Prelates of Churches and the Princes of Provinces proceeded more REMISLY against them the most wicked foxes creep forth out of their dens and by seducing the simple with a pretended show of piety demolish the vineyard of the Lord of Hosts TANTO GRAVIUS QVANTO LIBERIUS so much the more grievously by how much the more freely but when as the zeale of the faithfull is kindled against them with the fire of God they lye hid in their Dens and are lesse hurtfull but yet they cease not to hurt by scattering their hidden poyson They were rusticall and illiterate men and therefore dull to reason but having once drunke down that poyson they were so infected that they grew stiffe against all discipline whence it very rarely happens that any one of them when being discovered they are drawn out of their dens is converted to piety Verily England alwaies continued free from this and all other haereticall plagues when as so many heresies sprung up in other parts of the world And truly this Island whiles it was called Britaine from the Britons who inhabited it banished out of it Pelagius who became an Arch-heretick in the East and in proces of time admitted his error into it selfe for the destruction whereof the pious provision of the French Church directed St. Germane once and again hither But since the English Nation the Britons being expelled possessed this Island so as it was no more called Britannia but England the poyson of no hereticall plagues hath sprung out of it nor yet so much as entred into it so as to propagate and spread it selfe untill the time of King Henry the 2. Then also by Gods mercy the plague which had there crept in was so withstood that from thenceforth they feare to enter into it Now there were little more then thirty both men and women who dissembling their error came in hither as it were peaceably for to propagate ther plague one Gerard being their Captain upon whom they all looked as their Teacher and Prince for he alone was somewhat learned but the rest were without learning and ideots meer impolished and rustick men of the Teutonic Nation and language Abiding some little space in England they gathered to their congregation only one little girle circumvented with their poysonous whisperings bewitched as was said with certain enchantments But they could not long lye hid for some curiously discovering that they were of a strange sect they were thereupon apprehended and kept in the publike prison But the King not willing either to release them or condemne them without examination commanded a Councill of Bishops to be assembled at Oxford Whereupon they were solemnly convented concerning Religion He who seemed to be learned taking upon him the cause of all and speaking for all answered that they were Christians and embraced the Apostles Doctrines Being interrogated in order concerning the Articles of holy faith truly they answered rightly concerning the substance of the Supernall Physitian but spake perverse things concerning his remedies whereby he vouchsafes to heal humane infirmity to wit of the divine Sacraments detesting holy Baptisme the Eucharist and Mariage and derogating from THE CATHOLIKE UNITY in a nefarious bold manner which those divine helpes do make up Being admonished to repent and TO UNITE THEMSELVES TO THE BODY OF THE CHURCH they contemned all wholesome counsell Threats also that they might repent even for fear they derided abusing that saying of the Lord Blessed are they who suffer porsecution for righteousnesse sake for theirs is the Kingdome of Heaven Then the Bishops taking care that their haereticall poyson should spread no further pronouncing them publikely to be heretickes corporali disciplinae subdendos Catholico Principi tradidêrunt delivered them over to the Catholike Prince to be punished with corporall punishment Who commanded an hereticall character to be branded on their foreheads and being publikely whipped in the sight of the people to be expelled the City strictly charging that no man should presume either to lodge them in his house or give them any solace The sentence being pronounced they were led to the MOST JVST PUNISHMENT rejoycing not with a slow pace their Master going before and singing Blesed shall ye be when men shall hate you so much did the seducers then abuse the minds deceived by him Truly that girle they had deceived in England departing from them for fear of punishment confessing her error obtained reconciliation but that detestable Colledge with cauterized foreheads was subjected to JUST SEVERITY he who was the chiefe among them for the honor of his Masterslip suffring the infamy of A DOUBLE BRANDING to wit IN THE FOREHEAD ABOVT THE CHIN and their cloathes being cut off unto the girdle they WERE PUPLIKELY WHIPPED and cast out of the City with resounding stripes and miserably perished with the intolerablenesse of the cold for it was Winter no man showing them
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
authority upon the recited Lâ—ws Punishments and proceedings against obstinate seducing Heretickes 〈…〉 and Blasphemers First that they were generally made and seveâ—rely executed by the most pious Religious and zealous Emperors Kings Princes states in the ages when they lived out of their piety great zeale love to God and Christian Religion not by such as were irreligious prophane carelesse of Gods worship or of a persecuting disposition 2ly That they were made at the desire and earnestrequest of the most godly pious Orthodox Councells Bishops Ministers and zealous Christians living in the times wherein they were enacted witnesse the Epistles Decrees of the second generall Councell of Constantinople to Theodosius the Elder of the councell of Ariminum to the Emperor Constantius of the councell of Africk to the Emperor Honorius Can. 25. to 61. of the c Bishops and Clergy in the third generall Councell of Ephesus to Gallimar King of â—ersia and Theodosius the Emperor The Epistles of Lev the first to the Emperors Theodosius Martianus and others Epist 9. 13. 14. 38. 39. 23. 44. 50. 58. 91. Augustine Epist 48. 50. Gratian caus 23 â— 3. 4. with sundry others 3ly That they were generally applauded by all opposed and writ against by none for ought we find as contrary to the word of God and the Government under the Gospell but only by the â—actious and seditious Donatists 4ly That Gods blessing on these Lawes the severe putting them in execution was the principall meanes to suppresse extirpate the Heresies and Schismes of the Arians Pelagians Maniches Donatists Euticbeans and the like which abounded in those times when preaching and disputations would not do it yea that which stopped the propagation of them to posterity with the growth and spreading of them for the present in those ages as all Ecclesià sticall Hystoriaens evidence And although it be most certaine that all the Lawes and punishments in the world cannot suppresse the true faith and Doctrine of Iesus Christ nor hinder the prevailing progresse of it which commonly spreads fastest under the hottest persecutions yet it is most true that execrable Heresies Errors Blasphemies and Schismes contrary to Gods word may be and alwayes have beene suppressed yea extirpated by temporall Lawes and punishments in all Ages when no other meanes could prevaile to do it and where such Laws are most severely executed there Heresies Errors Schismes blasphemies either break not out at all or are soone suppressed and never grow Epidemicall or of long continuance From all which Lawes and considerations I shall deduce this Argument as auxiliary to the former Those things which the most pious zealous and devout Emperors Kings Magistrates States even at the prayer or request of the most holy Orthodox learnedest Councells Bishops Clergy-men and with the generall approbation and desire of the best and most Zealous Christians with very good successe to the publike tranquility peace of the Church and preservation of the Christian faith in purity have by their Lawes and sanctions punished with corporall or Capitall punishments in all or most Ages and Realmes where there were any Christian Emperors Kings States Magistrates all Christian Princes Magistrates Republikes may with safe consciences and good successe punish ' yea censure now and ought to do it But the most pious zealous devoutest Emperors Kings States Magistrates at the prayer and earnest request of the most holy Orthodox learnedest Councells Bishops Clergy-men and with the generall approbation desire of the best and most zealous Christians with very good successe to the settlement of the peace of the Church and preservation of the Christian faith in purity have by severe Lawes and sanctions punished Hereticks Apostates seducing false Teachers Blasphemers and obstinate dangerous Scismatiks with corporall or capitall punishments in all or most Ages Realmes States where there were any Christian Emperors Kings States Magistrates as the premises manifest Therefore Christian Princes Magistrates Republikes may doubtlesse with safe conscience and like good successe punish them in like manner now yea and ought to do it unlesse they will be reputed lesse pious zealous or devout then they or lesse carefull of the publike peace and peoples soules then they have bin And thus much for the affirmative part I now come to Answer the chiefe Objections lately made in Presse or Palpit to the contrary especially Mr. Dels which are freshest in memory and much relied on by his Independent party An Answer to the contrary Objections The Objections made to the contrary by our Opposite dissenting Brethren Libertins Sectaries Anabaptists are deduced partly from Scripture partly from reason Some of those from Scripture I have already answered in the premises as they lay in my way I shall now propound and answer those only which remaine taken almost verbatim from the Donatists and old Anabaptists The first Objection is from the Parable of the Tares Math. 13. 24. to 31. 36. to 43. Where when the Servants would have gone and gathered up the Tares out of the Wheate before the Harvest the houshoulder said Nay least whiles ye gather up the Tares ye root up also the Wheat with them Let both grow together Vntill the Harvest and in the time of Harvest I will say to the Reapers gather you first the Tares together and binde them in bundells to burne them but gather the Wheat into my Barne Which Harvest Christ interprets to be the end of the World and the Reapers to be the Angells v. 39. Whence they inferre that Hereticks Schismaticks false Teachers and Blasphemers being Tares must bee let alone to grow among the Wheat and not pulled up nor rooted out by the Majestrate till the Harvest at the end of the VVorld and then only to be gathered by the Angells into bundells and â—â—st into Hell fire but notto bee burnt or punished here by the civill Powers So the Donatists and Anabaptists To this I answer First that this being but a parable the whole scope of it must be observed else no lolid Argument can be deduced from it Now the whole drift of this Parable is only to shew there shal not be a total separation of all the Tares from the Wheat all the sheep from the Goates all the Reprobate from the elect all the Children of the wicked the Devill from the Children of the Kingdome till the day of judgement at the end of the World as is undenyable by Christs owne exposition of it v. 27. to 34. by that other Parable of the net v. 47. to 50. and by Math. 25. 31. to the end 2 Thes 1. 8. 9. 10. Iude 14. 15 Re. 20. 12. 13. 14. 15. c. 22. 14. 15. compared The only argument then which can be properly deduced from this Parable is this God will not make a totall separation of al wicked men from the good of all Tares and Children of the Devill from the VVheat and children of the Kingdome in this world nor gather together all
Isay 2. 3. 4. parallell with it Nation shall not lift up sword against Nation neither shall they learne Warre any more c. Let him therefore give over pressing this Text any further contrary to its scope or if he will have it really verified let him now retract his Petition to the Parliament to suffer separate assemblings of the Saints both publiquely and privatly as occasion serves c. directly contrary to this prophecy and perswade his Armedsaints no more to destroy hurt or kill Cavaliers much lesse any godly Ministers whom some of them have threatned hurt thrust out of their Pulpits unlesse they will likewise permit the Christian Majestrate to hurt and destroy obstinate seducing Heretickes Schismatickes false Teachers Blasphemers notwithstanding this objected Text. As for the Second quotation Isay 60. 18 Violence shall no more be heard in thee c. I answer it is meant of the Church Triumphant not Militant as is cleare by the three next verses compared with Rev. 21. and 22. parallell to this Chapter Iob. 3. 17. 18. 19. and Rev-14 13. And if so then the Argument hence truly Stated stands thus There shall bee no violence wasting and destruction heard in the Church triumphant in heaven which shall be above the reach of force or Enemies Ergo Christian Princes States Majestrates may not make Lawes to punish suppresse incorrigible Heretickes Seducers Schismatickes and Blasphemers in the Church militant here on earth But grant it meant of the Church Militant under the Gospell Is the punishment of men with temporall or capitall punishments for their damnable Heresies Errors Schismes Blasphemies Idolatries violence or ever so called reputed in Scripture phrase which useth it only for Tirany Oppression and Rapine or is it not rather Iustice and executing Iustice and Iudgement in all Scripture language Is the confiscation of the goods imprisonment banishment or putting to death in some cases of the persons of such any wasting or destruction intended in this Text If so let Mr. Dell averre it at the utmost hazard of his Science and Conscience since no sober nor learned man can or dares assert it If not then let him confesse his error in thus wier-drawing and willfully perverting Scripture in so shamefull a manner before so juditious an Auditory as those to whom he preached and that upon a Fast day unfit for strife and debate as this very Prophet will informe him Isay 58. 4. 5. and for such new Logick as this There shall be no violence wasting nor destruction heard in the Church when God shall convert or subdue her Enemies and give her peace at the last Ergo obstinate Heretickes Schismaticks Seducers Blaspemers yea Traitors Murderers Fellons by like consequence must not be corporally nor capitally proceeded against but let alone without any molestation by the Christian Magistrate and the Parliament must by no meanes make any Lawes to restraine them now Can any man but admire that such strange Logick and Theology so purely Independent should dare fly abroad in print to gull poore silly people and bee so confidently averred to be the Lords voyce the truth of Christ the mind of God c. as Mr. Dell asserts The 4th Objection from Scripture is this which seemes more coâ—lerable but is no more substantiall then the former Christ never used the power of the world but did all by the power of the word Neither did Christ command his Disciples to use any such outward power but he sent his Desciples to preach and bid them say into what house soever they entred Peace bee to this house And if men would not receive peace and the Doctrine of Peace not to force them but to depart thence and to shake off the dust of their feet as a witnesse against them that they had beene there according to the will of Christ and the Father and offered them mercy and Salvation which they refused And this is all that the Ministers of the Gospell can doe to any that refuse their Doctrine and not to go to the secular Magistrate to aske power to punish them or imprison them or sell their goods as now is practised in some parts of the Kingdome EVEN VPON THE SAINTS And if men be wicked is it not misery enough for them to refuse eternoll life except also they inflict on them temporall death 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 And yet as Luther saith of the Clergy Quando non invocat brachium seculare morte utraque terret mundum when doth it not call upon the secular power and terrefies the world with both deaths Surely Christ and the word approve not these wayes For Math. 18. Christ sets no other punishment on them that would not heare the Church then that hee should be reconed as an Heathen And Paul Titus 3. teacheth us after once and twice admonition to avoid an Heretick but not to imprison him or kill him or banish him And againe those that do these things shall not inherit the Kingdome of God And againe he that beleiveth not shall be damned but not one word of outward or corporall punishment in all the Gospell I answer that here is a hotch-potch of many Arguments and Scriptures jumbled together commonly objected by the Donatists and Anabaptists to amuse or delude the simple Auditor and Reader I shall therefore sever and answer them in order The first of them is this Lu. 1. Christ never used the power of the world but did all by the power of the word even his punishments and his destructions were executed by it Ergo Kings and temporall Magistrates must not punish Hereticks Seducers Blasphemers obstinante Hereticks nor use externall force in matters of Religion This was the Argument of the Donatists largely answered by St. Augustine in his 48. 50. Epistles from whom Mr. Dell transcribes it I answer First that Christ in the Old Testament did make use of the power and sword of Godly Kings and Magistrates to punish Idolatrous and falsè Prophets as I have largely proved yea he makes use of the ten hornes who are ten Kings to punish burne and destroy the whore of Babylon under the New-Testament Rev. 17. 16. Besides the Scripture is expresse that Christ is the Head of all Principallity and Power Col. 2. 10. that the powers which are are ordined of God the sword to be used by them for the good of his Church People who are to obey and submit unto them Rom. 13. 1. to 6. 1 Tim. 2. 1. 2. 1. Pet. 2. 13. 14. Tit. 3. 1. Hence is that of Bernard to Pope EVGENIVS Vterque ergo Ecclesiae spiritalis scilicet gladius materialis sed is quidem pro Ecclesia ille verò et ab Ecclesia exercendus est Ille Sacerdotis is militis sed sanè ad nutum Sacerdotis
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
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
to punish and put to death obstinate Hereticks affirming That this is the unanimous opinion of all Catholicks And he there solidly answers the severall objections made by Anabaptists and others to the contrary quoting Master Calvin Aretius and Beza as concurring in opinion with him herein But passing by all these with other Romaniâ—â—s whose long continued daily practise in putting such to death and burning them to ashes whom they condemne for Hereâ—â—cks is an unanswer bâ— evidencâ— of their opinions herein I shall proceed to the Resolutions and Judgments of such Protestant Churches in their publick Confessions and learned Protestant Writers of chiefest note from the very glimmerings of Reformation untill this present which will be more pâ—nâ—â—rous and prevailing with our Opposites and Sectaries who commonly slight Antiquity and now all other Authors as of small or no account then any other Authorities and I presumewill give good satisfaction to all ingenuous Readers but I am certaine will overballance Master Dâ—s pretended Authorities to the contrary and put him to perpetuall silence I shall begin with the Confessions of whole reformed Protestant Churches and then passe unto their Writers The Reformed Churches of Hâ—lvetia in their former Confession resolve thus Seeing every Magistrate is of God his chiefe Duâ—y consisteth in this To dâ—sâ—nd Religion from all blasphemy and to promote and put it in practice as much as in him lieth and to judge the people according to just and divine Lawes and to punish the Offenders according to the quantity of the fault in their Riches Body or Life Which things when he doth he performeth a due worship or service to God And in their later Confession chap. 30. of Magistracy The Magistrates chiefest duty is to procure and maintaine peace and publick tranquility which doubtlâ—sse he shall never doe more happily then when he shall after the example of most holy Kings and Princes of the people of the Lord advance the preaching of the Truth and of the pure and sincere Faith and shall ROOT OVT LYES and all Superstition with all Impiety and Idolatry and shall defend the Church of God For indeed we teach that the care of Religion doth chiefly appertaine to the holy Magistrate let him therefore hold the Word of God in his hands and LOOK THAT NOTHING BE TAVGHT CONTRARY THEREVNTO Let him draw forth the Sword of God against all Malefactors seditious persons Theeves Murderers Oppressors BLASPHEMERS Perjured persons and all those whom God hath commanded him to punish or execute LET HIM SVPPRESSE STVBBORNE HERETICKS which are Hereticks indeed who cease not TO BLASPHEME the Majesty of God and to trouble the Church yea and finally to destroy it We condemne the ANABAPTISTS who deny that any man can justly be put to death by the Magistrate c. The Confession of the Reformed French Churches resolves That God hath therefore delivered the Sword into the hands of the Magistrates that Offences may be punished not onely those which are committed against the second Table but also against the first c. The Confession of Belgia determines That it is the duty of Kings Princes and Magistrates to endeavour that the Ministry may be preserved that all Idolatry and counterfeit worship of God may be cleane abolished that the Kingdome of Antichrist may be overthrowne and the Kingdome of Christ enlarged c. Wherefore we condemne the Anabaptisis and all those troublesome spirits which reject the higher Powers and Magistrates overthrow all Lawes and Judgments c. which God hath appointed among men for honesties sake The Confessions of Auspurge Basill Bohemia Scotland determine the like as you may there read at large I shall adde some few forraigne Protestant Authors of chiefest note to these Confessions Marsilius Patavinus a great opposer of the Popes usurpations asserts That although the Pope Prelates and Clergy men have no coercive power to compell Hereticks and Schismaticks to beleeve and embrace the Gospel or to constraine men to keep the precepts of the Evangelicall Law Yet Christian Emperours Kings Magistrates may by their humane Lawes punish imprison fine banish Hereticks and that it belongs properly to them not to Priests to punish and condemne Hereticks concluding thus Quod poenas personales atque reales Haereticis infligere ipsasque exigere sibique applicare LICITE POSSUNT ET SOLEBANT PRINCIPES sivè legislatores humani Henry Bullinger Decadis secundae Sermo octavo prapounding this Question then in controversie An liceat Magistratui sua potestate subjectos punire Religionis vel contemptae vel contumeliis effectae gratia Resolves it thus In personis igitur magna est diversitas Sunt enim antesignani duces pervicaces in erroribus qui audaces sunt Hypocritae loquaces ideò ad seducendum appositissimi ipsi quidem sine emendatione in propriam ruentes perniciem alios secum pertrahent Et hi MODIS OMNIBUS SUNT COERCENDI veluti Ecclesiae pestes ne contagio ipsorum seu cancer serpat latius Sunt deinde seducti quidem damnati ab alijs qui errant sed non malitià nec pertinaciter sed resipiscunt in tempore Hos non oportet damnare protinus sed orare Dominum ac sustinere errantesque spiritu lenitatis mansuetudinis erudire donec redeant ad mentem meliorem Porro in erroneis Dogmatibus alia alijs sunt graviora Sunt quaedam adeò Blasphema impia indigna ut ne audiri quideÌ„ ne dum ferri possint sunt quae directè palam tendunt in subversionem Reipublicae nisi in tempore sopiantur Oportet autem Scripturis â—anifesta veritate evincere illa quae in accusationem veniunt esse talia qualia dicuntur Comperta veritate productis apertis testimonijs Scripturae licebit in blasphemos eversores Ecclesiae Reipublicaeque gravissimè animadvertere Sed levior mitiorque poena decernatur contra errantes in levibus non in capitalibus erroribus Nam errant quidam sed ita ut horum erroribus Deus non blasphemetur Ecclesia consistat Denique ipsa non interturbatur Respublica Ubi rursus occurrat illud Apostoli Alter alterius onera portate Item infirmos in fide suscipite non ad dijudicationes disceptationum Jam in suppliciis poenis insigne est discrimen Pertinaciter errantes alios secum in errores abducere inque erroribus retinere nitentes blasphemi perturbatores imò subversores Ecclesiarum JURE CAEDI POSSUNT ideò tamen capitis supplicio non protinus afficiendus est omnis qui errat Et quae minis increpationibus curari possunt non debent acerbioribus elui puniri Modus in re qualibet optimus est Est multa pecuniaria sunt CARCERES in quos concludi possunt ne alios inficiant qui veneno pravae doctrinae fidei corrupti sunt Sunt ALIAE CORPORUM AFFLICTIONES quibus coercentur errantes ut minus noceant
coarguitur eorum stultitia qui vellent neglectà Dei cura juri inter homines dicundo tantum intentos esse Quasi verò praefectos Deus suo nomine constituerit qui terrenas controversias deciderent quod verò longè gravioris momenti erat praetermiserit ut ipse purè coleretur exLegis suae praescripto Sed huc turbulentos homines impellit impius omnia novandi cupiditas vt omnes violatae pietatis vindices è medio sublatos cupiant c. In his Comentary on Rom. 13. and elswhere he asserts the like and that Christian Princes and Magistrates are to suppresse and punish Heresies Schismes Blasphemies refuting the Anabaptists opinions and objections to the contrary Yea Master Calvin caused the Anabaptisticall Heretick Servetus to be put to death by the Magistrates of Geneva for his obstinate Heresie and Blasphemy for which being blamed by some Anabaptists he writ a particular Treatise wherein he demonstrates to the world Licitum esse in Haereticos gladio animadvertere that it was lawfull for the Christian Magistrate to put Hereticks to death as Beza records in his life and Bellarmine cites it too lib. 3. de Laicis cap. 21. Finally Master Calvin in his Praelectiones in Daniel cap. 4. ver 1. fol. 43. asserts the lawfulnesse of punishing Hereticks and Blasphemers even with death informing us what manner of persons they are and what they aime at who hold the contrary in these words Certum est quod cupiant Nam si quis ipsos respiciat SUNT IMPII DEI CONTEMPTORES not Saints saltem nihil vellent certum esse in Religione ideo labefactare quantum in se est etiam convellere nituntur omnia pietatis principia Ut ergò liceat ipsis evomere virus suum inde tantâ—â—ere litigant pro impunitate negant poenas de Haereâ—icis Blasphemis sumendas esse c. Rodolphus Gualther in his 44. Homily in Epist ad Galatas c. 4. from these words of the Apostle I would they wâ—â—â— even cut off that trouble you proves at large That Magistrates may and ought to suppresse Hereticks with civill and corpor all punishments and the Ring-leaders of them with death and capitall censures even under the Gospel according to the Prophesie of Zech. 13. 2 3. meant onely of the times of the Gospel And in his 76 Homily in Epist ad Rom. cap. 13. he affirmes the same asserting That the Christian Magistrates under the Gospell ought to punish all those offences with the Sword which God himself hath thought worthy to he punished with capitall censures Inter quae cùm omnium gravissima sint quae adversus primam tabulam cum divini nominis contemptu cultus prophanatione multorum aliorum seductione designantur PROCUL DUBIO in eorum Authores quà m severissimè pro delicti ratione animadverti debet Minimè ergò illorum sententiam probamus qui adorandae Trinitatis hostes aeternae Jesu Christi Divinitatis blasphematores plectandos esse negant Dicunt illi Fidem donum Dei esse neque aliquem ad rectâ— sentiendum cogi posse Sed nos vicissim dicimus contineri posse poenarum metu impostores ne virus haeresium spargant pravis dogmatibus rudes imperitos rerum seducent He addes that by this reason no Malefactors whatsoever should be punished because they commit those crimes for want of faith and grace which are Gods gift Learned Peter Martyr not onely in his Common places Classis 2. cap. 4. sect 30 to 43 but in his Comentary on Rom. 13. asserts the like affirming That many wicked men and Hereticks have been by the force of lawes and punishements inflicted on them converted from their sinnes and errors and by degrees brought to a câ—â—diall love and embracing of Vertue and the true Religion and that upon this reason Saint Augustine who at first thought the Magistrate ought not to punish Hereticks changed his opinion Solid Paraeus in his Comentary on Rom. 13. asserts and proves at large That it is and alwayes hath been the chiefest care of godly Kings and Magistrates to abolish false worships take away Idols and all instruments of Idolatry and to preserve the purity of Religion and Gods worship That they ought not to suffer impurity in Religion or to give liberty to every one to teach and professe what Religion he like but onely to defend tolerate and establish the true Religion and that they ought Edictis poenis impedire Blasphemias Haereses Idola Sacrilegia c. by lawes and punishments to restraine Blasphemies Heresies Idolatries Sacriledges Schismes and the like Which he there proves at large quoting the Lawes of many Emperours to this purpose And also de Jure Principis circa Ecclesiastica The like in effect if not in terminis is asserted and proved at large by Bullinger Aretius Bucer Fayus Brentius Jacobus Grynaeus Musculuâ— Oleuian Piscator Scultetus and generally all Protestant Comentators on Rom. 13. and Papists too whose words for brevity I pretermit To these I might adde Brentius de Republ. administr Capito de Jure Magistratus in Religione Musculus Comment in Psal 2. cited by Master Beza as concurring in opinion with him Gerrardus Loci Com. de Magistratu Polit. num 5. 33. who are of the same opinion Benedictus Aretius in his Historia Valentini Gentilis asserts That Blasphemous obstinate Hereticks may justly be put to death by the civill Magistrate as Gentilis was at Berne and Problem Locus 59. de Scismatibus he asserts That the chiefe Ring-leaders of Schismes and obstinate Schismaticks may lawfully be suppressed and punished by the civill Magistate as the Donatists were and enforced to come to the publick Ordinances by penall lawes by which means many have been reformed and converted as experience manifests Phillip Melancton not onely in his forecited passages but in his Council de Officio Magistratus in Ecclesiarum Reformatione Loci Com. de Sacramentorum Numero where he makes the Magistracy a Sacrament in some sense Erit Magistratus hoc modo SACRAMENTUM quia est certum genus bonorum oâ—erum ornatum verbe Dei promissionibus Rom. 13. even for the punishment of evill doers in the Church Historia de Incendio Serveti by a namelesse Author Hartmannus Springelius de hodiernis Haeresibus Haereticis Joannis Wigandus de Exiliis Facinorosorum Pseudomartyrlis Cl. G. Praet de Regia potestate in Ecclesia Hadrianus Saravia de Imperandi authoritate Christiana obedientia l. 2. c. 52 53 54. Lu. Osâ—auder Enchir. Contr. Com. Anabap. c. 9. assert the Magistrates coercive power to restrain punish Idolaters Hereticks Schismaticks with corporal censuresand death Learned Zanchius affirmes Omnes ferè ex nostratibus hujus sunt sententiae QUOD HAERETICI SUNT GLADIO PUNIENDI That in his time almost all Divines were of this opinion That Hereticks were to be punished with the sword or put to death Of the same mind is learned
Musculus Loc. Com. p. 1389. and Hugo Etherianus de Haeresibus Theodor Beza writes We teach that christian Magistrates ought to take speciall care that the pure and sincere worship of God may flourish and that they should RESTRAINE AND PUNISH Hereticks CAPITALI QUOQUI PENA SI NECESSITAS ET SCELERIS MAGNITUDO POSTUâ—ENT and that with capitall punishment if the necessity and the greatnesse of the crime so require rather then the Church should receive any dammage Which he elswhere asserts at large Operum Vol. 1. p. 83 to 171. in a particular learned Treatise De Haereticis a Civili Magistratu puniendis So Junius in Defensione 2. de Trinitate adversus Samotenianos Heidelb 1591. p. 40. Danaeus Ethicae Christianae l. 2. c. 13. elswhere are of the same judgment To whom I might adde Voetius de Tolerantia Anti-Trintariorum Becanus Locorum Com. Locus 49. the Professors of Leyden Censura Remonstr c. 24. sect 9. Spanhemius Diatribe Historica de Orig Progressu Sectis Num. Anabaptistarum with many other forraigne Divines whose names I spare all reformed Churches in forraigne parts concurring with me both in judgment and practice too Neither doe our owne Authors dissent but concurre jointly with these our Brethren witnesse Bishop Jewel and Master Perkins himself whose words I shall recite in the close of this Work Doctor Whitakers Adv. Campianum p. 234. Bishop Babington in his Comfortable Notes upon Exodus cap. 18. in his Works in Folio London 1622. p. 271 272 273. Doctor Fulke in his Answer to the Rhemist Testament on Apoc. sect 6. where he writes thus Though we allow the PUNISHMENT OF HERETICKS both in our owne and other Countries even with death yet we abhor the cruelty of Antichrist and his Church which condemne the Christians and murther them under the colour of Hereticks Doctor Robert Abbot de Suprema Potestate Regia Bishop Carlton of Jurisdiction Regall Episcopall and Papall John Bridges of the Kings Ecclesiasticall Supremacy Thomas Becon in his forecited works and Doctor Willet in his Sixfold Comentary on the Epistle to the Romans cap. 13. Controversie 4 5 6. Where thus he writes Princes ought not onely to take care about the affaires of the common-wealth and to be altogether carelesse of Religion but even unto Ecclesiasticall affaires and matters of Religion they ought to extend their Princely care and watchfulnesse First the Prince is the Minister of God for our good but the good of the Subject is not onely civill and temporall but spirituall concerning Religion Secondly Even the Heathen did ascribe unto their Kings a principal care even of Religion Wherupon the Emperors of Rome were stiled Pontifices Maximi the high Priests or Prelates and Aristotle writeth lib. 3. politic c. 10. that the Lacedemonian Kings had the command of War and rei divinae cultum exercuisse and did exercise divine worship unlesse they were such Sacrifices as were necessarily to be done by a Priest that therefore which by a common consent of Nations was given unto Kings ought not to be denied unto christian Princes Thirdly the care of Religion otherwise concerneth the Prince rather then private persons these onely are to wish well unto it and to accept of it but the Prince ought to be an Agent without whose power nothing can be effected publickly for the maintainance of Religion Secondly it belongeth to the Imperial power to maintain true Religion and see that no confused mixture of Religions be admitted for this is given as a reason in the time of the Judges why some followed Idolatry and strange worship because there was no King in Israel but every one did that which was good in his owne eyes Judges 17. 4. if there had been then a King they should not have been suffered every one to follow their owne fansies Thirdly Christian Princes are by their Lawes and Edicts to restraine all Blasphemy Idolatry Heresie Sacriledge and such like because Princes are to be feared for evill works their office is to restrain all evill works whatsoever such as these are and they are appointed to procure the good of their Subjects and consequently to take out of the way all impediments which may hinder their good such as these are The Romanists grant thus much that the Princes by their Lawes should provide against Heresie but they will exclude the Prince from all judgment of Heresie which must be in their opinion determined only by the Church c. Which all our Divines and Protestant Writers condemning is a strong evidence to me that Heretickes are properly triable onely by the Judges at the Common Law by way of Indictment not by the Clergy as their Heresie is criminall and capitall as well as Romish Priests and Jesuits This truth is very largely and learnedly asserted by Bishop Bilson in his True difference between Christian Subjection and unchristian Rebellion by Bishop Davenant De Judice Norma Fidei cap. 15. p. 71 to 78. and other of the Episcopall Party whom I pretermit I shall conclude onely with such who have written since this Parliament The first of them is learned Master Samuel Rutherfurd in his Due Right of Presbyteries p. 352 to 370 where he propounds this Question Whether the Magistrate hath power to compell persons to a Church-profession For cleering whereof he layes downe and proves these five Conclusions I. The Magistrate may compell to the meanes and externall acts of worship and to restraine them from externall false worship of the false God or of the true God worshiped in a false way he cannot compell to internall acts of faith love and such like as hauing no power over the conscience II. There is one consideration of a Heathen or Pagan Nation which never received Christianity and the true Faith and another consideration of a Nation Baptized and professing Christ III. A Magistrate may compell a Heathen Nation to the negative reverence of Christ in an indirect way and that with the Sword though he cannot compell to the positive worshipping of him If a Christian Prince subdue a Pagan Nation he cannot force them with the Sword to a positive receiving of the Doctrine of the Gospel but if it be a Nation expresly blaspeming Christ as the Nation of the Jewes now doe he may compell them to an abstinence from a professed blaspheming of Christ because he is to use the sword against Blaspemy IIII. The compeling power of the Magistrate is terminated upon externall worship as abstracted from either hypocrisie or sincerity in worship V. Though no man resist the Magistrate in a matter of Religion except in a hypocriticall way save onely he who thinketh he hath reason to resist and is led by the judgment and inditement of conscience yet is not the judgment of conscience but onely the Word of God the rule of mans obedience or resisting in action purposes and conversation These five conclusions he there proves at large asserting That grosse Idolaters seducing Hereticks and universall