Refutation of a Puritan-Papist, Chapter 10
CHAP. X Of the Puniſhment which ought to be inflicted vponupon Heretiques and Idolaters.
HAuing ſpoken of the vnlawfulneſſe and Danger of Toleration, and anſwered the Obiections brought for licencious Profeſſion: it followeth to ſpeake a word or two of the puniſhment of Sectaries and Heretiques.
Diuerſitie of Offendours.As all Offendours be not of one ſort or condition, ſo are they not to be puniſhed alike, nor with one and the ſame kind of puniſhment.
Three things to be conſidered.Wherefore Chriſtian magiſtrates are wiſely to conſider 1. The Perſon that offendeth. 2. The qualitie of his Offence or Errour. 3. The degree and maner of the puniſhment due vntounto him.
1. The Perſon.Firſt, for the Perſon. Some erre of ignorance, others of malice: ſome of weakeneſſe, others of wilfulneſſe: ſome were neuer ſolicited to forſake their hereſies, others hate inſtruction: ſome are meerely ſeduced, others are arrogant Seducers; which circumſtances muſt be wiſely conſidered and diſtinguiſhed.
2. The Errour.Secondly, for the Errours. Some are againſt the Foundation, and thoſe either directly, or by conſequence and diduction onelyonly; others leauing the foundation, onelyonly build thereon hay, ſtraw and ſtubble, which either time, that is the day; or fire, the Spirit of God; or afflictions of this life; or at length the very article and point of death doth proue and declare; that at laſt theſe builders may be ſaued, as Paul teacheth. 1. Corinth. 3.11.12.
3. The Puniſhment.Thirdly, for the Puniſhment. It is not of one kind, for eueryevery one muſt be puniſhed according to the qualitie and nature of his offence. The diuerſity and degrees of puniſhment are excellently laid downe, in the Booke of Ezra, thus:
And thou Ezra, (after the wiſedome of thy God, that is in thine hand) ſet Iudges and Arbiters, which may iudge all the people that is beyond the Riuer, euen all that know the law of thy God, and teach yee them that know it not. And whoſoeuer will not doe the Law of thy God and the Kings law, let him hauehave iudgement without delay, whether it be vntounto death, or to baniſhment, or to confiſcation of goodes, or to impriſonment. Ezra. 6.25.26.
Where God giueth power and full auctority vntounto Ezra, and in him to all Magiſtrats, to reſtore all things according vntounto the word of God, to inſtruct the ignorant and weake therein, and to puniſh them that reſiſted and would not obey.The puniſhment is fourfolde.
The Puniſhment to be inflicted vponupon offenders is foure-folde, 1 Impriſonment, (for we will beginne with the leaſt) 2 Pecuniarie mulct, or Confiſcatiō of goods. 3 Baniſhment or Exile. 4. Death; of which we will ſpeake in order.
I. Impriſonment.I Penall Impriſonment, (for we ſpeake of no other here) muſt needes be greeuous, as well for the infamie and reproach of the place; as alſo for that a man thereby is reſtrayned of his libertie, depriued after a ſorte of common breath and light, as being vnworthie both of the aſpect of heauen and the fellowſhip of men, and alſo thruſt into cloſe and dampiſh roomes, darke and loathſome.
Hereunto may be referred the Subtraction of the right of humane Societie and ciuill Priuiledges.
So Conſtantine the greate depriued Heretiques of power to make a Will of their goods, or of bequeathing or giuing any thing, of buying or ſelling. Auguſt. lib. 1. contr. Epist. Parm. cap. 7.
Alſo his ſonnes Conſtantine, Conſtantius and Conſtance decreed that all Heretiques ſhould be incapable of any priuiledges granted to Chriſtians. Cod. Iust. lib. 1. tit. 5. de Haeret. And Theodoſius Maior ordayned the ſame thing.
Againe, Heretiques were not capable of any offices, either Eccleſiaſtique or Ciuill. They were not admitted to be Counſellors, Iudges, Aduocats &c. Cod. Iust. lib. 1. tit. 5. l. Credentes. Neither could they be Plaintiffes in any cauſe, but onelyonly Deffendants.
This Puniſhment being the eaſieſt of all 4. is to be inflicted vponupon ſuch offenders as refuſe inſtruction when it is gratiouſly and gently offered them; or that neglect the ſincere worſhip of God, and will not be admoniſhed; refraine from publique exerciſes and aſſemblies &c.
II. Pecuniarie Mulct.II Pecuniarie Mulct, or Confiſcation of goodes, is that when the offendor is either deeply amerced; or els when by open Publication his goodes are confiſcated and ſoulde.
Hereunto belongeth diſarming, diſinheriting, incapabilitie of receiuing any legacies or other giftes, of bargaining, &c. All which were executed by the ancient Emperours againſt Heretiques.
A Biſhop or Cleargie-man that was an Heretique was to pay tenne pound-waight in golde, or to be baniſhed. Cod. Iust. lib. 1. tit. 5. de Haeret.
Conſtantine (ſaieth Auguſtine) was the firſt, that ordayned that Heretiques goods ſhould be confiſcate and ſolde. August. Epist. 48. and alſo that the places of their meetings and conuenticles ſhould be ſold. August. Epist. 168.
Alſo he made them incapable of enioying legacies or any thing that was beſtowed vponupon them. Aug. lib. 1. contr. Parm. cap. 7. &. Contr. Petil. lib. 2. cap. 92.
If it be obiected, It is vnlawfull to take ſale-money for conſcience contrary vntounto the word of God.
The taking of a pecuniarie Mulct lawfull.I anſwer, It is true. But this penaltie or mulct cannot be termed Sale-money for conſcience: Becauſe the Magiſtrate therby reſpecteth not his owne gain, but, 1 The amendement of the offender. 2 his weakening and diſabling in caſe of obſtinacie. 3 The deterring of others from offending in ſuch manner, &c.
If any Prince interdict his Subiects to kill Partridges or Pheſants, to hunt in certaine places, to eate fleſh vponupon certaine dayes, vnderunder the penaltie of ſuch or ſuch a mulct: who will ſaie that the Princes intention, is to gaine by ſuch offences; and not rather that he aymeth at order, and laboureth to correct the offendours by that penaltie of a pecuniarie mulct?
Neither can any man affirme, that ſuch a Mulct is contrary vntounto the word of God, as well for that it is directly confirmed by this place of Ezra; as alſo for that for the ſame cauſe, no Magiſtrate could with a good Conſcience take any mulct or forfeite for any offence whatſoeuer, becauſe it would be deemed, he tooke Sale-money to commit ſuch and ſuch diſorders or offenſes; which is abſurde.
Such as cannot be reclaymed by Impriſonment, muſt be wonne by this ſeuere mulct or confiſcation of goodes.
III. Baniſhment.III Baniſhment or Exile, is when a man is compelled to forgoe his Countrey for his Offence. And this among the Romanes was 3. fold, Interdiction, Relegation, and Deportation; but we ſhall not need at this time to diſcourſe hereof.
It was ordinary with the firſt Chriſtian Emperours to bridle Heretiques with this kind of puniſhment. So Conſtantine the Great baniſhed Arius and his followers. Theodoſius Iunior, Neſtorius. Valentinianus and Theodoſius, the Manicheis and Donatiſtes.
And when it was expected that Auguſtine, by reaſon of the mildneſſe and goodneſſe of his nature ſhould mediate for ſome part of theſe penalties to be releaſed; he gaue this quicke and ſtout Anſwer.
Auguſtine allowed and commended thoſe penalties.Ha ha, what els! I ſhould gainſay this Conſtitution; That you looſe not the things, which you call yours; and you without feare ſpoile Chriſt of his. That the Roman Lawes ſhould permit you to make your laſt willes; and you with cauilling reuerſe that which God bequeathed our fathers. That in buying and ſelling your contracts might be good; and you ſhare that among you which Christ bought when he was ſold. That you might freely giuegive what you liſt; and what the GOD of Gods hath beſtowed on his owne Children frō Eaſt to Weſt ſhould be void. That you ſhould not be baniſhed from the place where your bodies reſt; and you driue Chriſt from the kingdome purchaſed with his bloud to reach from ſea to ſea. No, no; Let Princes (on Gods name) ſerue Christ in making lawes for Chriſt.
With this puniſhment muſt ſtubborne and obſtinate (but not relapſed) Seducers or Heretiques be puniſhed. Whom the Magiſtrate may brand with ſome indelible marke, the better to know them, if euer they preſume to returne againe without leaue.
IV. Death.IV Death, is the laſt puniſhment that is to be inflicted vponupon the Offendour by the Chriſtian Magiſtrate.
Examples of this kind of puniſhment, are obuious eueryevery where in the Old and New Teſtament, executed vponupon Heretiques and Idolaters, Seducers or Seduced, aſwell vponupon the one, as vponupon the other.
The Sonnes of Leui conſecrated their hands vntounto God, that is, did a good and acceptable worke, in putting to death almoſt 3000 men, of them that worſhipped the golden Calfe. Exod. 32.27.
Aſa made a decree, that whoſoeuer would not ſeeke Iehouah the God of Iſrael, ſhould be ſlaine. 2. Chron. 15.13.
Iehu declare his zeale towards God, in killing all the Prieſts of Baal, 2. King. 10.24.
Ioſias killed the Prieſts of the high places vponupon the altars. 2. King. 23.20.
Nabuchadnezzar decreed that whoſoeuer blaſphemed the God of Shadrach, Meſhach and Abednago, ſhould be hewed in pieces. Dan. 3.29.
Elias killed 850 Prieſts of Baal. 1. King. 18.40.
In the New Teſtament: Peter ſtroake Ananias and Saphira for their hypocriſie and cloſe ſacriledge with ſudden death. Act. 5.5.10.
Paul ſtroke Elymas the Sorcerer with blindneſſe, becauſe he would hauehave ſeduced the Proconſul from the faith. Act. 13.8.10.
In the Primitiue Church, Conſtantine, Theodoſius, Grarian and Valentinian decreed, that the puniſhment of Idolatrie ſhould be death. Cod. Iust. lib. 1. tit. 1. l. Placuit. & l. Ne quis.
Arcadius and Honorius puniſhed the Manichaeis and Donatiſtes with death. Cod. Iust. lib. 1. tit. 5. l. Manichaeos.
Iuſtinus about the yeere of Chriſt 526. cauſed all the Manichaeis in Perſia to be ſlaine, becauſe they had peruerted the Kings Sonne.
Theodoſius Iunior would hauehave none ſpared, that were deprehended by any meanes to ſeduce others, or to infect any man with peſtiferous doctrine. Cod. Theodoſ. l. 46. Nouell. Theodoſ. de Iud. Haeret. & Pag.
This puniſhment of Death is to be inflicted vponupon all obſtinate, wilfull, and relapſed Seducers or Heretiques: VponUpon ſuch as maintaine their pernicious opinions, either of meere perfidiouſneſſe, enuie and malice, for the repulſe of ſome dignitie or Biſhopricke, as Nicephorus ſpeaketh of Tertullian after he relapſed to Montaniſme, of Florinus, Blast us, and Arius. Niceph. Eccleſiaſt. lib. 4. cap. 7.12.20.30. & lib. 8. cap. 5. Or of confidence that they hauehave in their owne wit, learning and eloquence, as Tatianus, Valentinus, Marcion, Saturninus, and Nouatus did. Niceph. lib. 4. cap. 4. & lib. 6. cap. 3. Or of ambition and affectation of primacie, as Montanus did. Niceph. lib 4. cap. 22.
Theſe men, that are thus inſtructed with courage, boldneſſe, hypocriſie, learning, eloquence, do not onelyonly deſtroy themſelues, and runne headlong into perdition; but alſo, as a ſwift torrent or ſtreame, they draw others with them into the ſame pit. Wherefore the Magiſtrate ought by death ſeuerely to puniſh their furie, ſeeing ſuch dangerous monſters can not be permitted to liue, without manifeſt and pernicious perturbation of ciuill Societie.
APOCALYP. 7.12.
Amen, Praiſe, and Glorie, and Wiſedome, and Thankes, and Honour, and Power, and Might, be vntounto OVR GOD for euermore. Amen.
FINIS.