Refutation of a Puritan-Papist, Chapter 6
CHAP. VI. Reaſons againſt Toleration and Permiſsion of diuerſe Religions, from the Acts, Lawes, Conſtitutions, Reſcripts, Decrees and Edicts of Chriſtian Emperours.
Toleration improued by the law of Chriſtian Emperours.THe firſt Chriſtian Emperours being perſwaded that diuerſe Religions could not be exerciſed and profeſſed in a Monarchie, without tumults and commotions in the Common-wealth, without certaine detriment to their Empire, and great preiudice to their gouernment, enacted many ſeuere and wholeſome lawes whereby they aboliſhed all diſcrepant worſhip and contrary religions.
1 Constantine the Great, Conſtantine.as ſoone as he had embraced the Chriſtian Profeſſion, preſently interdicted Sacrifices to be offered vntounto Idols: and commanded that in eueryevery Citie and region, the Idols ſhould be pulled downe and burned. Which Decree he afterwards ratified with many good Lawes againſt all ſorts and kinds of Idolatrie: whereupon many, euen in thoſe times began to pull downe the Temples of the Idols. Euſeb. de Vita Conſtant. lib. 2. cap. 44. & lib. 3. cap. 52. & ſeq. & lib. 4. cap. 25. & 39. Socrat. lib. 1. cap. 14. Optat. Mileuit. lib. 2. contr. Parmen.
2 In like manner, Conſtantine vſed no leſſe ſeueritie againſt the ſeuerall Sects of Heretiques: for hauing enfranchiſed the Chriſtians, and made them free by a publique Decree; leaſt the Heretiques ſhould thinke that the ſame freedome appertained vntounto them alſo, for that they vſurped the name of Chriſtians, the Emperour wrote vntounto Caecilianus Biſhop of Carthage, that he had taken order with Anylinus the Proconſull and Patritius his Vicegerent to reſtraine and puniſh ſuch inſolent and obſtinate refractaries. Euſeb. lib. 10. cap. 6. Niceph. lib. 7. cap. 72. VntoUnto this Law Auguſtine ſeemeth to allude, ſaying, The ſame thing happened vntounto the Donatiſtes, which happened vntounto the Accuſers of Daniel; Lyons deuoured theſe, and lawes them, by which they would hauehave oppreſſed the Innocent, (Caecilianus) vnleſſe through the mercies of Chriſt we ſay that thoſe lawes are rather for them, which ſeeme to be againſt them, becauſe by them many are corrected and healed. August. Epiſt. 50. ad Bonifac. Againe, Conſtantine was the firſt that ordained, that all their goods, that ſhould be conuicted of hereſie and obſtinately reſiſted vnitie, ſhould be confiſcate and ſold. August. Epist. 48. ad Vincent. Yea, that the places of their aſſemblies and meetings ſhould be confiſcate. August. Epist. 168. ad Ianuar.
3 Againe, Conſtantine diſabled all Heretiques to make a will of their goods, or any way to beſtow any thing vponupon any man: yea he made them incapable of any legacies, or to enioy any thing any way beſtowed vponupon them. August. lib. 1. contr. Parm. cap. 7. vlt. & contra. Petil. lib. 2. cap. 92.
4 Againſt the Arians he made this Edict; That for as much as Arius had choſen the wicked whom he would imitate, it was good reaſon that he alſo ſhould beare ignominie and ſhame with the wicked: Wherefore, as Porphyrius for his impious bookes againſt Religion, had receiued his reward, to be obnoxious vntounto eternall reproach, and his writings burnt and buried in obliuion; Euen ſo it pleaſeth vsus (ſaith this good Emperour) that Arius and all his complices be tearmed Porphyrians; and whatſoeuer bookes any of them hauehave or ſhall compoſe, that they be preſently burned, and that if any man be deprehended to ſaue or hide any of Arius his bookes, he be immediately put to death. Socrat. lib. 1. cap. 6. Zozo. lib. 1. cap. 20. Niceph. lib. 8. cap. 25.
5 Euſebius citeth a prolixe Conſtitution of Conſtantine againſt all Sectaries and Heretiques whatſoeuer; wherein he vtterly prohibiteth the exerciſe of their religion, either in publicke or priuate places; commandeth their bookes to be burnt, their goods to be ſolde, their houſes to be pulled downe, and proſcribeth them as Traitors to his perſon, and enemies to the Truth. Euſeb. de Vit. Conſtant. lib. 3. cap. 62. & 63. Whereupon enſued the conuerſion of many Heretiques and Schiſmatiques, as Euſebius, Zozomenus, and Nicephorus teſtifie.
Conſtantine, Conſtantius and Conſtans.6 Conſtantine, Conſtantius and Conſtans, the Sonnes of Conſtantine the Greate, decreed that no Sect ſhould hauehave libertie to exerciſe or profeſſe their hereſie; as Auguſtine recordeth. Auguſt. Epiſt. 166.
Valentinian I.7 Of Valentinianus I. Auguſtine ſpeaking vntounto the Donatiſtes, ſaith; Reade what Valentinianus hath commanded and decreed againſt you. Auguſt. Epiſt. 166.
Gratian, Valentinian II. and Theodoſius.8 Gratianus, Valentinianus II. and Theodoſius Maior, enacted, that all people within their dominions and iuriſdiction, ſhould vnfainedly embrace one Religion, euen the very ſame which Peter the Apoſtle taught the Romanes, which Damaſus did then teach at Rome, and Peter at Alexandria: branding the contrary profeſſours with the odious name of heretiques. Theodoret. lib. 5. cap. 2. Zozom. lib. 7. cap. 4. Cod. Iuſtin. lib. 1. tit. 1. de ſum. Trin. l. 1. And in the next law in this title, they ordaine, That no Heretique ſhall in any place beare office, to the end there might be giuen them no occaſion to exerciſe the madneſſe of their obſtinate mindes. Alſo they antiquate and annihilate any priuiledge or indulgence that they had by any ſpeciall reſcript fraudulently extorted before. Cod. Iuſtin. lib. 1. tit. 1. de ſum. Trinit. l. 2.
9 Againe, it is manifeſt out of Auguſtine, that Gratianus and Theodoſius enacted ſome decrees againſt the Donatiſtes. Auguſt. Epiſt. 166. And Sulpitius Seuerus teſtifieth that for Priſcillianus his ſake onelyonly, an Edict was granted by Gratianus that all Heretiques ſhould be baniſhed not onelyonly out of all Churches, but alſo out of the confines of the Empire. Whereupon the Gnoſtique Biſhops, diſtruſting their eſtates, gaue ouer willingly and departed, the reſidue being diſperſed for feare. Sulpit. Hist. ſacrae lib. 2. n. 69. Alſo, Theodoſius baniſhed Demophitus the Arian Biſhop out of the Conſtantinopolitan Churches. Zozom. lib. 7. cap. 5. Niceph. lib. 10. cap. 8. Vide etiam Cod. Iuſtin. lib. 1. tit. 5. de Haereticis. l. 2. Omnes vetitae.
10 Arcadius and Honorius the Sonnes of Theodoſius, as alſo Conſtantius his ſonne in law,Arcadius, Honorius and Conſtantius. perſwading themſelues, as Nicephorus witneſſeth, that Theodoſius got all his victories and other good ſucceſſe, becauſe of his care for the Church, and ſeueritie againſt Heretiques, decreed as followeth: We alſo by this our Conſtitution do eſtabliſh and ratifie all paines, puniſhments and mulcts which our noble Progenitor of worthie memory hath ordeined and decreed againſt the pertinacious and obſtinate Spirit of the Heretiques. Niceph. lib. 13. cap. 1. Cod. Theodoſ. l. 15. Auguſt. Epiſt. 166.
Theodoſius Iunior.11 Theodoſius Iunior ſonne of Arcadius, and Valentinianus III. Conſtantius his Sonne, eſtabliſhed the like decrees: Concerning all Heretiques (whoſe errours and names we execrate) that is, concerning the Eunomians, Arians, Macedonians, and all others, whoſe ſects we are aſhamed to inſert in our holy Sanction, who hauehave diuers names, but one perfidiouſneſſe: we command that thoſe things be ratified, obſerued and kept, which our happie Grandfather and Fathers hauehave ordained and decreed. Cod. Theodoſ. l. 51. Vide Ll. 35.36.43.46.56. Againe, There can be no cure adhibited vntounto deſperate diſeaſes: wherefore leaſt theſe damnable ſects do ſpread further, we ordaine by this our euer-during Sanction, that their goodes be confiſcated, and that whoſoeuer ſhall ſeduce any other man by his peruerſe doctrine, Note well.he be deſtinated to the puniſhment of blood. Cod. Theod. l. 46. Nouell. Theodoſ. de Iud. Haeret. & Pag. Laſtly, they conclude their generall Lawes againſt Heretiques thus; We will and command all theſe lawes to be ſo ſtraightly executed, that it ſhall not be lawfull for any Iudge to puniſh the crimes delated vntounto him, either with no puniſhment at all, or with a leſſe then we hauehave ordained, except he himſelfe will ſuffer thoſe things from which he ſaued others. Cod. Theodoſ. l. 56.
12 Martianus the Emperour decreed that all Heretiques ſhould be repreſſed with capitall puniſhment,Martianus. and their bookes and writings burned. Cod. Iustin. lib. 1. cap. 5. de Haereticis, lib. 8. Quicun que . § 4. Nullum praeterea. Who liſt to reade more of his penall lawes againſt Heretiques, I referre them to theſe places. Euagr. Hist. Eccleſ. lib. 2. cap. 1. Niceph. lib. 15. cap. 1. & 5. Concilior. tom. 2. pag. 215.
Leo I.13 Leo I. as witneſſe the Biſhops of Egypt, ratified all the decrees of his holy Predeceſſours for the Church againſt Heretiques. Epist. ad Leon. Imp. lib. 1. T. 2. pag. 215.
Iuſtin Senior.14 So alſo did Iuſtinus Senior; who beſides cut out the tongue of Seuerus the Heretique (who vſurped the ſeate of Antioch) for his blaſphemous hereſie, and cauſed him to ſaue his life by flight. Niceph. lib. 17. cap. 2.
15 Iustinian no ſooner enioyed the Empire,Iuſtinian. but preſently compoſed matters touching Religion and baniſhed all Sectaries. And although Theodoricus King of the Gotthes, an Arian, earneſtly ſollicited the Emperour to grant the Arians libertie of their profeſſion, and added threats in caſe of refuſall: yet notwithſtanding the good Emperour nothing appalled, continued ſtill in his conſtant reſolution. Paulus Diaconus lib. 18. Niceph. lib. 17. cap. 9. Vide Iustin. Nouell. 42.
Iuſtin Iunior.16 Iustinus Iunior held the ſame reſolution and conſtancie, as appeareth by his Epiſtle, regiſtred by Nicephorus Calliſtus. Hist. Eccleſ. lib. 17. cap. 35.
Conſtantinus Pogonatus.17 Conſtantinus Pogonatus confirming the Decrees of the ſixt Synode, added grieuous penalties againſt the refractarie Heteroclites. Synod. 6. ſeſſ. 18.
18 Alexius the Emperour,Alexius. is ſaid to cauſe one Baſilius, either a Phyſitian or a Monke, to be burned for Hereſie at Conſtantinople.
King Edward the ſixt.19 VntoUnto theſe I will adde one memorable example of the worthy and famous Prince King Edward the Sixt, of whom it is noted, to his great commendation, that fewe or no Sermons were preached at his Court, but he would be at them; and againe, that he was neuer preſent at any commonly, but he would excerp or note them with his owne hand. This godly King being dealt with by his Counſellours, that the Lady Mary, his owne Siſter, which ſucceeded in the Kingdome, might be tolerated to vſe her conſcience in Religion; his Anſwere and reſolution was negatiue: So doth Maſter Foxe report in the Acts and Monuments in theſe words. In the daies of King EDVVARD the VI. Carolus the Emperour made request to the ſaid King and his Counſell to permit Lady Mary to hauehave Maſſe in her houſe without preiudice of the Law. And the Counſell on a time, ſitting vponupon matters, of policie, hauing that in queſtion, ſent Cranmer then Archbiſhop of Canterburie, and Ridley then Biſhop of London, to entreate the King for the ſame: Who comming to his Grace alleadged their reaſons and perſwaſions for the accompliſhing thereof. So the King hearing what they could ſay, replied his anſwere againe out of the Scriptures, ſo groundedly, grauely, and fully, that they were enforced to giuegive place to his replication, and grant the ſame to be true. Then they after long debating in this manner with his Maiestie, laboured politiquely in an other ſort, and alleadged what danger the denying thereof might bring to his Grace, what breach of amitie of the Emperours part, what troubles, what vnkindneſſe, and what occaſions ſundry waies it would enforce, &c. VntoUnto whom the King anſwered, willing them to content themſelues, for he would (he ſaid) ſpend his life and all he had, rather then to agree and grant to that he knew certainely to be againſt the truth. The which when the Biſhops heard, notwithſtanding they vrged him ſtill to grant, and would by no meanes hauehave his nay. Then the good King ſeeing their importunate ſuite, that needes they would hauehave his Maieſtie grant thereto, in the end his tender hart burſting out in bitter weeping and ſobbing, deſired them to be content. Whereat the Biſhops themſelues ſeeing his zeale and conſtancie, wept as fast as he, and tooke their leaue of his Grace: and comming from him, the Archbiſhop tooke Maſter Cheke his Schoolemaſter by the hand and ſaid. Ah Maſter Cheke, you may be glad all the daies of your life, that you hauehave ſuch a Schooler, for he hath more Diuinitie in his little finger, then all we hauehave in all our bodies. Thus farre Maſter Foxe. Acts and Mon. Tom. 2. pag. 1295. Col. 2. edit. Anni 1583.