A General View of Papistry, Book 1 · Controversy 7
THE SEVENTH GENERALL CONTROVERSIE CONCERNING THE CIVIL MAGISTRATE.
MAny things, which Bellarmine in this controuersie laboureth to proue, are agreed vponupon betweene vsus and our aduersaries, and therefore we will spend no time in them.
1 We teach, as well as they, that there ought to bee Magistrates, Princes and gouernours amongst Christians, contrarie to that which the Anabaptists hold, that there ought to bee equalitie among Christians: The holy Ghost, Iudg. 17.6. & 19.1. maketh this the cause of al disorder, At that time in Israel there was no King amongst them, but eueryevery man did that which seemed good in his owne eyes.
2 We doe hold, that euen wicked Kings and Tyrants hauehave power ouer the goods and liues of men, neither that it is lawfull to disobey them, but in matters onelyonly belonging to our conscience, where it is better to obey God then men, Ieremy 27.6. I hauehave giuen, saith the Lord, all these lands to Nabuchadnezzar.
3 Concerning the power of Princes, we grant, that they may make lawes and ordinances to gouerne the people by, Prou. 8.15. that they may punish the offenders of their lawes, Rom. 13. They doe not beare the sword for nought: That it is lawful for Christian Princes, vponupon iust occasion, to wage battaile, Luk. 3.14. Iohn Baptist doth not condemne the calling of Souldiers, but teacheth them to vse it aright.
These things then being agreed vponupon on both sides: the seuerall questions, wherein we differ from them, and they from the truth, are these.
1 Concerning the authoritie of the Prince in Ecclesiasticall matters, three parts of the question. First, whether he hauehave power ouer persons Ecclesiasticall. Secondly, whether ouer their goods. Thirdly, whether in Ecclesiasticall causes.
2 Whether the ciuill Magistrate may prosecute heretikes to death: and whether he ought to be the Iudge of heretikes, with other like questions.
3 Whether the positiue and ciuill lawes of Princes doe binde their subiects and oblige them simply in conscience. This matter we hauehave discussed before, Controuer. 4. quaest. 7. part. 1.
4 Whether the Pope ought or may excommunicate the Prince, or Emperour, or otherwise hath any temporall iurisdiction aboue him: this question also is handled before, Controu. 4. quaest. 8. part. 1.
THE FIRST QVESTION CONCERNING THE AVthoritie of the Prince in Ecclesiasticall matters.
THis question hath three parts. First, whether he hauehave power ouer the persons Ecclesiasticall. Secondly, whether ouer their goods. Thirdly, whether the Prince be chiefe in causes Ecclesiasticall.
THE FIRST PART CONCERNING THE AVTHOritie of the ciuill Magistrate ouer Ecclesiasticall persons.
The Papists.
THe Clergie is not bound to keepe and obserue the ciuill and positiue lawes error 98 of Princes, if they be contrarie to the Canons of the Church: neither ought they for any cause to bee cited before the ciuill Magistrate, or to be iudged by him, Bellarm. de Clericis, cap. 28.
It is absurd (saith the Iesuite) that the sheepe should iudge the shepheard, Bellarm. And the Apostle willeth all men to obey their Bishops and ouerseers, Heb. 13.17. and to submit themselues vntounto them, from which rule neither Kings nor Emperours are exēpted: Prelates must be obeyed, Ergo, not obey Rhemist. ibid.
Ans. First, the obedience here required we acknowledge, that it ought to be yeelded by Kings & Emperours to those that hauehave the ouersight of their soules: for the Prince is bound to receiue and beleeue all true doctrine which is taught by the Pastors and Bishops of the Church, agreeable to the word of God, vnderunder paine of damnation: and the Pastors are bound vnderunder the like paine to obey the Princes lawes, made according to the word of God. Secondly, wherefore the spirituall obedience of the ciuill Magistrate to the word of God, taught by the Pastors of the Church, is no exemption of them from their ciuill obedience: for eueryevery soule is subiect to the higher powers, Rom. 13.1. Fulk. annot. 13. Heb. sect. 9
The Protestants.
THat Ecclesiasticall persons are subiect to temporall gouernours, and are to be iudged by their lawes, the scriptures speake plainly.
1 Rom. 13.1. Let eueryevery soule be subiect to the higher powers: Ergo, Bishops, yea the Pope himselfe, if he hauehave a soule. The like sayth S. Peter, 1.2.13. Submit your selues to all manner ordinance. Salomon remoued Abiathar from the Priesthood, and put in Sadock. Paul appealed, and submitted himselfe to Caesar. Againe, if Priests offend and commit any grieuous sinne, as of murther, theft, who shall punish them? The ciuill Magistrate onelyonly beareth the sword: They must either grant, that priests are no euill doers, which were to too grosse: or if they be, that they are vnderunder the ciuill Magistrates power: for he is the Minister of God to take vengeance vponupon eueryevery euill doer, Rom. 13.4.
In Augustines time, the controuersies betweene the Catholike and Donatist Bishops, were committed to the iudgement of the Emperour. Ait quidam, Epistol. 162saith he, Non debuit Episcopus proconsulari iudicio purgari: Quasi verò ipse sibi hoc comparauerit, ac non Imperator ita quaeri iusserat, ad cuius curam, de qua rationem deo red liturus est res illa maximè pertinebat. But, saith one, a Bishop ought not to hauehave been purged before the Proconsul, or ciuill Magistrate: As though (sayth Augustine) the Proconsul did of himselfe intermeddle in this matter, and was not commanded rather of the Emperour so to doe: vntounto whose charge that matter principally appertained, and whereof he shall make account vntounto God: Ergo, by his sentence, the cause of the Bishop principally was to be iudged by the Emperour.
THE SECOND PART, WHETHER THE PRINCE hauehave power ouer Ecclesiasticall goods.
The Papists.
THe goods of the Clergie both secular and Ecclesiasticall, are and ought to error 99 be exempted from paying tribute to Princes; yet they hauehave not this libertie, say they, by the Lawe of God, but by the grant of Princes themselues, Rhemist. annot. Rom. 13. sect. 5. Bellarm. de Clericis. cap. 28.
Genes. 47.22. & 27. The lands of the Priests were exempted from paying tribute: Ergo, it seemeth that this custome is grounded vponupon the law of nature, Bellarm.
Ans. First, the Hebrew word signifieth rather Presidents, such as were the Kings officers, not Priests, as Tremellius sheweth: who were maintained by the Kings prouision, being officers of his houshold: for Genes. 41.45. Ioseph is sayd to marrie the daughter of Potyphar prince, not priest of On. The same word Cohen is there vsed: for it is not like that Ioseph would match himselfe with an idolatrous priests daughter. Secondly, but be it granted, this was but a politike constitution for that coūtrey: other Princes are not bound to Pharao his law. Thirdly, they gaine nothing by this, but that it is an humane constitution.
The Protestants.
THat Princes hauehave authoritie to punish Ecclesiasticall persons offending in their goods; either by displacing them, or by conuerting the Church possessions by them abused, to better vses, we hauehave shewed before, Contr. 5. quest. 6. part. 1. And that their goods ought to pay tribute, subsidie, taxe, vntounto the prince, thus now it is proued.
1 Our Sauiour Christ paied poll money, Math. 17.25. Rom. 13. EueryEvery soule ought to be subiect to the higher powers, and there vers. 5. paying of tribute is made a part of subiection: the argument therefore thus followeth: Clergie men are subiect to Princes, therefore they ought to pay tribute.
2 Ex concessis, we reason thus from their owne confession: That which Princes gaue to the Church, vponupon good cause they may take away: but this immunitie, not to pay tribute, was first granted, as they confesse, to the Church, by Kings and Princes: Ergo, they hauehave the same right, hauing iust occasion, to take it from them againe. What Augustines iudgement is, we hauehave seene in the place before alleadged.
THE THIRD PART, CONCERNING THE PRINCES authoritie in causes Ecclesiasticall.
The Papists.
error 100 THe Prince, they say, hath no authoritie to giuegive voyce deliberatiue or definitiue in Councels concerning matters of religion, nor to make lawes Ecclesiasticall concerning the same: OnelyOnly they giuegive them authoritie to execute the Ecclesiasticall lawes made by the Church, Rhemist. 1. Corinth. 14.16. Bellarm. de pontif. lib. 1. cap. 7.
Argum.1 Kings and Princes may in their owne persons execute if they will, whatsoeuer their inferiour officers do, as to heare and determine causes, as the Iudges and other Magistrates doe: but the Prince cannot execute any Ecclesiasticall function, as to preach, baptize: Ergo, he hath no authoritie in causes Ecclesiasticall: for how can the Prince impart that to others, whereof he is himselfe incapable, as to giuegive Bishops and Pastors power to ordaine, to preach, and such like, Bellarm. Rhemist. ibid.
Ans. First, the authoritie of ciuill Magistrates doth not giuegive any thing to Ecclesiasticall Ministers, which appertaineth to their office, as to ordaine, preach, baptize, neither is the Prince to deale in these offices: yet may the ciuill Magistrates command them to execute their charge and dueties according to the word of God. Wherefore it followeth not, Princes cannot execute the pastoral dueties themselues: Ergo, they ought not to see them executed. Dauid, Salomon, Iehosophat, Ezechia, commanded the Priests to execute their office according to the law of God, though it was not lawfull for them, neither did they execute any thing proper to the Priests office in their owne persons; neither doth any Christian Prince challenge any such right in Ecclesiasticall functions: wherefore it is an impudent slander of Bellarmine, which he giueth forth of our Queene, Iam re ipsa Caluinistis in Anglia mulier quaedam summus pontifex. And now (sayth he) in England the Caluinists hauehave a certaine woman for their chiefe Bishop. De notis eccles. lib. 4. cap. 9.
2 It doth not followe, that the Prince might as well execute Ecclesiasticall offices, as he may ciuill in his owne person, if he hauehave authoritie ouer both: No more then it followeth, that because Ecclesiasticall persons doe teach both ciuill Magistrates and Church officers their dueties, and may in their owne persons execute the one, that is, spirituall duties, that they may as well intermeddle in the other: But these two offices of Ciuill and Ecclesiasticall gouernment are distinguished, and must not be confounded. The Prince, though he hauehave authoritie to command Ecclesiasticall persons, yet being a ciuill Magistrate, is not to deale with the execution of spirituall dueties. Bishops & pastors likewise hauehave a spiritual charge ouer kings & princes, to shew thē their duties out of Gods word, yet because they are persons Ecclesiastical, they ought not to meddle with meer Ciuill dueties. The Prince hath the soueraigntie of externall gouernement in all causes & ouer all persons, yet not alike, for Ciuill offices he may both command and execute; Ecclesiasticall duties he commandeth onelyonly: Bishops and pastors hauehave also a spirituall charge ouer all, prescribing out of Gods word as well the duetie of Magistrates, as of Ministers, but not alike, for the one they may fully execute, so may they not the other. The head in the naturall bodie, resembleth the Prince in the commonwealth, in some sense: the head giueth mouing to the whole bodie and all the parts thereof: but to the principall parts in the head the eyes, tongue, eares, it giueth beside the facultie of mouing, the sense also of seeing, tasting, hearing: So in the common-wealth, by the Princes authoritie all persons are kept in order, and vrged to looke to their charge, both ciuill officers and spirituall, as al the parts of the bodie receiue mouing from the head: But the ciuill officers receiue power and authoritie beside, and their very offices of the King, as the parts in the head, receiue sense from their fountaine: but Ecclesiasticall Ministers receiue not their offices from the Prince, or any mortall man, but they hauehave their calling according to the order of the Church of God.
Argum. 2. For the space of 300. yeeres the Church after Christ had no Christian gouernours, but all Heathen and Idoll worshippers, yet then the Church was established, and preuailed: Ergo, Ciuill Magistrates ought not to deale in Ecclesiasticall affayres, Bellarmine.
Ans. 1. Euen then also, the Heathen Emperours had authoritie in Church matters, and if they had commanded any thing agreeable to true religion, they should hauehave been obeyed: as Cyrus in the law which he made for building the temple, Ezra. 1. Darius the Median, for worshipping the true God, Dan. 6. Fulk. Rom. 13. sect. 3. The heathen Emperours then had the same power, but they knewe not how to vse it: Christian Princes doe succeede them in the same office, but are better taught by the word of God how to exercise the sword. Secondly, we denie not but that in the time of persecution all things necessarie for the spirituall building thereof may be had, without the Magistrate, as a Vineyard may bring forth fruite without an hedge, but it cannot enioy peace, nor be in a perfect estate, in respect of the externall gouernement, but vnderunder good Magistrates, as the Vineyard may soone be spoyled, the wild bore and the beasts of the field may breake in vponupon it hauing no hedge. The child being in the womb, though it hauehave as yet small vse of the head, but is fed by the nauell, which is in steed of the mouth, hath in it selfe the lineaments and proportion of a humane bodie, yet it wanteth the perfect beautie, till it be borne and come forth, and the head receiue his office: So may the Church hauehave a being in persecution, and the want of the ciuill head may be otherwise supplied, but it is not beautifull till the head be set vp, and the sword put into the Christian Magistrates hand.
Argum. 3. Princes hauehave no cure nor charge of soules: Ergo, they are not to meddle with Ecclesiasticall lawes, Rhemist. annot. 1. Corinth. 14. sect. 16.
Ans. Parents hauehave charge ouer the soules of their childrē, for they are charged to bring them vp in the instruction and information of the Lord, Ephes. 6.4. Therefore Princes also hauehave directly charge of the soules of their subiects according to their place and calling, by prouiding and making good Ecclesiasticall lawes, and compelling them to the true seruice of God: As the Ecclesiasticall Ministers in another kind, and more properly are said to hauehave the cure of soules, in feeding and instructing the people, Fulk. ibid.
The Protestants.
THe ciuill Magistrate, by the word of God, hath power to make and constitute Ecclesiasticall lawes, and to establish true religion, and see that all persons vnderunder their gouernment doe faithfully execute their charge: To say therefore that the Church officers are to deuise lawes concerning religion, and the Prince onelyonly to execute them, is to make the Prince their seruant, and doth derogate too much from the princely authoritie: Neither doe we giuegive vntounto the Prince absolute power to make Ecclesiasticall lawes: for first, the Prince is not to prescribe what lawes he listeth to the Church,Fulk. Hebr. 13.9. but such as onelyonly may require the true worship of God. Secondly, that it is expedient and meete, according to the commendable custome of this land, that the godly learned of the Clergie should be consulted withall, in establishing of Ecclesiastical ordinances, vnlesse it be in such a corrupt time, when the Church gouernours are enemies to religion, for then the Prince, not staying vponupon their iudgement, ought to reforme religion according to the word of God, as we see it was lawfully and godly practised by King Henrie the 8. Thirdly, we doe make exception of all such Ecclesiasticall canons and ordinances, the making whereof doth properly belong to the office of Bishops and gouernours of the Church: for our meaning is not, that it is not lawful for Ecclesiastical Ministers, to make Ecclesiastical decrees, which do properly concerne their office, as concerning the censures of the Church, excommunication, suspension, absoluing, binding, loosing, and such like, which things are incident to their pastorall office: and yet we grant, that the Prince hath euen in these cases an ouerruling hand, to see that none abuse their pastoral office. But that any lawes ought to be made without the authoritie of the prince, which the prince is bound, to execute, we vtterly denie: And so we conclude, that the ciuill Magistrate hath power ouer all persons and in all causes, both temporall and ecclesiasticall, in such manner as we hauehave sayd.
1 S. Paul willeth, that praiers should be made for Kings and Princes, that vnderunder them we may leade a peaceable life, in all godlines and honestie, 1. Tim. 2.2. Ergo, it is their duetie as well to procure religion by their authoritie, as ciuill honestie. Againe, He beareth not the sword for nought, Rom. 13.4. He hath power to punish al euill doers: therfore also to correct euill ministers, & to make Ecclesiastical lawes: for otherwise he should hauehave no ful power to correct the transgressors thereof.
2 We reade that Iosua, Dauid, Salomon, Iosia, did deale in ecclesiasticall matters, which concerned religion and the worship of God. Bellarm. They did it by an extraordinarie authoritie, not as Kings, but as Prophets. Nay, it was an ordinarie power: for all the good kings of Iuda beside, as Iehosaphat, Hezekiah, and others, did take care of religion: & this was so properly annexed to the kingly office, that idolatrous kings also tooke vponupon them to command false religion, as Ieroboam set vp two golden calues, and Ahaz king of Iudah cōmanded Vriah the high Priest to make an Altar according to the patterne which he sent from Damascus, 2. King. 16.11. This power also was afterward exercised by Christian Kings and Emperours: as Constantinus, Theodosius, Martianus, made lawes for the Church, Fulk. annot. 1. Cor. 14. sect. 16. Iustinianus the Emperour decreed many things concerning Church affayres: as how excommunication should be vsed, how Bishops and Priests should be ordained, concerning the order and manner of funerals: that the holy mysteries should not be done in priuate houses. Carolus magnus decreed, that onelyonly the Canonical bookes of scripture should be read in the Church: he chargeth all Bishops and priests to preach the word. Lodouicus Pius his sonne, and Emperour after him, ordained that no entrie should bee made into the Church by Simonie:Fox. pag. 7. that Bishops should bee chosen by the free election of the Clergie and the people. All these Emperours did lawfully exercise their princely authoritie in Ecclesiastical matters: Ergo, other princes may doe the same still.
3 Augustine saith, Epistol. 50. Quis mente sobrius &c? Who in his right wits would say to the King, It pertaineth not to you, who in your kingdome is religious or sacrilegious, to whom it cannot be said, let it not pertaine vntounto you, who in your kingdome will be chast or vnchast? And in another place, Ad fratres in erem. serm. 14. Tunc iustitia dicitur gladius ex vtra que parte acutus, quia hominis defendit corpus ab exterioribus iniurijs, & animam à spiritualibus molestijs. Then iustice is rightly called a sword with a double edge, because it doth both defend the bodie from externall and corporall wrongs, and the soule from spirituall vexation: That is, the sword of the Magistrate serueth as well to prune the Church, and to cut off all errors and heresies in religion, as to destroy the vices and corruptions in manners.
AN APPENDIX OR FOVRTH PART OF THE QVEstion, whether the Prince in any good sense may be called the head of his kingdome, and consequently of the Church in his kingdome.
The Papists.
THey do appropriate this title, to be called heads of the vniuersall Church, to error 101 the Pope of Rome, most blasphemouslie: for there can be no head of the vniuersal bodie but Christ: But for Princes to be called the head, that is, chiefe gouernours of the Churches in their kingdomes, they do abhorre it. Whereupon Bellarmine is so saucie as to checke and controule King Henrie the 8. because he was called the head of the English Church.
1 The heathen Emperours were not heads of the Church, being not so much as members thereof: therefore neither Christian Magistrates, which doe succeede them in that authoritie, Rhemist. annot. 1. Pet. 2. sect. 6.
Ans. 1. The argument followeth not: they were no true mēbers of the Church, therefore could not be heads, that is, hauehave the soueraigntie of the externall gouernment: for wicked kings and princes doe keepe their magistracie & gouernment still: who though they be not true members of the Catholike Church, yet ought to be obeied as princes. 2. Though the metaphorical name of head agreed not vntounto them, yet were they by Gods ordinance appointed to be heads & gouernours of his people & protectors of his Church, & should hauehave been, if they had not abused their authoritie. 3. Christian princes, though they hauehave the same authoritie, which they had, yet now exercising the sword according to Gods law, and being Nurses of the Church, may vse and retaine those princely titles in deed, to be called Patrones and defenders of the faith, & head, that is, chiefe gouernours and protectors of the Church: which by right had been due vntounto the other, if they had vsed their authoritie as they should.
2 Christian princes are members of the Church, Ergo, not heads: for if they were heads, how could the Church stand without them, as it did in the time of persecution?
Ans. First, as though the head is not a member and part of the bodie, though a principall one: so the Prince is a member of the Church, but a principall and chiefe member, not of the inuisible Church, for so Christ is onelyonly head, but of a particular visible Church. Secondly, we denie not but that the inuisible and spiritual Church may consist without the Magistrate, but a visible, flourishing, and wel-gouerned Church cannot want a head or chiefe gouernour, that is as a wall or hedge vntounto it.
The Protestants.
TO bee head of the vniuersall Church is proper onelyonly to Christ, and in that sense is not communicable to any creature: for he is to his Church, as the head to the naturall bodie, giuing vntounto it influence of grace, spirit and life: he is therefore the onelyonly mysticall head of the vniuersal Church: But in another sense the Prince may be said to be the head and chiefe gouernour of his kingdome, & of that particular visible Church, where he is king: We make him neither the mysticall head, which is only Christ, (farre be that blasphemie from vsus) nor a ministerial head, as they make the Pope to be as Christs Vicegerent in the Church; but a politicall head, to keepe and preserue the peace of the Church, and to see that eueryevery member doe his office and duetie. But this name we confesse is vnproperly giuen to the Prince, neither were we the first inuentors of it: for the papists first gaue it to Henry the 8. And there are other titles which doe sufficiently expresse the office of the Prince, and may bee more safely vsed. If any man thinke it too high a name for any mortall man, and so not to be giuen to any, we will not greatly contend about it: But if any denye it to the Prince, as thereby to abridge her of her power in Ecclesiastical matters, we doe stand stiffely for it; and are bold to affirme, that with much better right is this title attributed to the ciuill Magistrate then it was to the Pope: yea, and that it hath been of old giuen in a modest and sober sense to Kings and Princes, and may with a fauourable exposition be still: and Princes also may receiue this honour and title at their subiects hands, with protestation of their Christian meaning herein.
1 This phrase, for the King to be called the head, is not vnusuall in scripture, 1. Sam. 15.17. Saul is sayd to be the head of the tribes. Psal. 18.43. Dauid the head of the nations: Isay. 9.15. The Prince or honourable man the head of the people: yea Princes are called Gods, Psal. 82.2. which is a name of greater Soueraigntie, then to be called heads. Bellarmine answereth: Princes doe rule ouer their subiects as men, not as Christians, and Kings are set ouer the people not as they are Christians, but politike persons: so the Prince is head of the kingdome, not of the Church, De pontif. Rom. lib. 1. cap. 7.
Ans. Stephen Gardiner taketh away this cauill very sufficiently, we will set one Papist against another. It is all one (sayth he) to call the Prince head of the Church of England, and head of the Realme of England: for if all Englishmen be his subiects, why are they not his subiects, as they are Christians? If the wife or seruant bee subiect to the master or husband being infidels, doth their conuersion, or name of Christians make them lesse subiect,Fox. p. 1059 then they were before? Haec ille. Againe, how farre is this, I pray you, from Anabaptistrie, to say, that subiects, onelyonly as men, not as Christians, are in subiection to Princes? for doth it not followe hereupon, that as Christians they ought to hauehave no superiour or Magistrate?
2 It is sufficient for vsus, that this title more fitly and properly belongeth to eueryevery Prince in his owne kingdome, thē to the Pope, for the Pope can in no wise be head of the Church: he is not the mysticall head, neither dare they say so: for Christ onelyonly is the head in that manner: neither can he be the Ministeriall head of the vniuersall Church: for the Catholike Church is a bodie mysticall, & must needes hauehave a mysticall head: neither is he the politicall head of any particular Church: for no Bishop can be a politicall head: because he that is the head and chiefe must hauehave a coactiue power, to binde his subiects to obedience: so hath not any Bishop: The Prince onelyonly beareth the sword, and enforceth obedience. Againe, in a farre diuers sense is the Prince called the head, then the Pope was: for first the Pope challenged to be head of the vniuersal Church: but the prince is chiefe only in his owne kingdome. Secondly, the Pope would be an absolute head, to doe all vponupon earth that Christ did, yea and more to, to bind and loose at his pleasure, to depose Kings, to dispense with the word of God, to constitute and make lawes at his pleasure: in so much that one of his clawback flatterers is not ashamed to say of him, Christus & Papa vnum faciunt consistorium, & excepto peccato potest Papa, quasi omnia facere, quae potest Deus: Christ and the Pope make but one Consistorie,Panormitan. & keepe but one court; & sinne onelyonly excepted, the Pope in a manner can doe all things that God can doe. But we doe limit the power of the Prince: who is not to impose any lawes vponupon the Church, but such as are agreeable to the word of God: neither doe we make him a spirituall officer, as the Pope would be, but a ciuill gouernour, who by positiue lawes is to prouide for the peace and welfare of the Church.
Lastly, S. Peter sayth, Submit your selues to the King as the chiefe, foreign, or most excelling:1. Pet. 2.13. what is this els, but as to the head? what is it to be chiefe but to be head? But we will not much contend for the name, so they will grant vsus the thing: namely, that the Prince is a commander euen in Ecclesiasticall matters, as Augustine saith: In hoc reges Deo seruiunt, si mala prohibeant, nō solum quae pertinent ad humanam societatem, verumetiam, quae ad diuinam religionem. Cont. Crescon. lib. 3. cap. 5. In this Kings doe good seruice to God, if they forbid euill to be done, not onelyonly in matters pertaining to humane societie, but in things concerning religion. As for the title, to bee called head, let them cease to call their chiefe Bishop so who hath no right vntounto it, and we will promise also to lay it downe, though in good sense we might vse it, though the Pope had neuer layd claime thereunto.
THE SECOND QVESTION, CONCERNING THE authoritie of the Prince in punishing heretikes.
WE doe willingly grant, that obstinate heretikes and peruerters of the faith, if they persist in their damnable opinions, and remaine incorrigible, may, and ought to be cut off and punished by death, to make others to feare: so Seruetus at Geneua, and one Valentinus at Berne, both monstrous heretikes, not amongst the Papists, but by the Protestants were worthily put to death. In this therfore we and our aduersaries agree, that heretikes may be punished by death by the ciuill Magistrate. If Luther, or any other hauehave held any priuate opinion to the contrarie, let them answere for themselues: but although we vary not in the principall, yet there are certaine circumstances and accessaries greatly material, wherein they both dissent from vsus, and from the truth.
Bellarm. de pontif. lib. 1 cap. 7.1 They would hauehave the Magistrate onelyonly to be their executioner, the iudgement of heresie they say belongeth to the Church: for they cited, examined, iudged, disgraded, condemned heretikes, and then gaue them ouer to the secular error 102 power: this was the common practise of their Church.
But we hold, that the hearing, iudgement, sentence and condemnation of heretikes belongeth to the ciuill Magistrate, as well as the execution: because these actions are proper to the ciuill sword, which the Magistrate beareth, Rom. 13. and Deut. 17.5. The false Prophets and Idolaters were brought to the gates of the citie where the ciuill Magistrate was wont to sit. Augustine is of the same mind, Cur in veneficos, vigorē legū exerceri iuste fatentur, in haereticos & schismaticos nolunt fateri? Cont. epist. Parmen. 1.7. Why doe they grant, that the vigour of the law may iustly be executed vponupon witches, and not as well vponupon heretikes and schismatikes? But the causes of witches are heard, iudged, and handled before the ciuill Magistrate: Ergo, also the cause of heretikes. Augustines reason is out of the 5. Galath. 20. The works of the flesh are manifest, which are adulterie, fornication, idolatrie, witchcraft, and heresies are also reckoned vp amongst: All these are workes of the flesh, Ergo, the Magistrate being appoynted to punish euill doers, hath as full right to deale against them all, as some.
2 We differ about the way and meanes to try an heretike by: They affirme, that he is an heretike onelyonly that is so iudged by a generall Councel, or the sentence error 103 of the chiefe pastors of the Church: they would hauehave an heretike tryed by the constitutions and Canons of their Church, Annot. Tit. 3. sect. 2. Rhemist.
We say, that an heretike is to be conuicted by the scriptures, and that he that holdeth any opiniō obstinately against the manifest authoritie of scripture, may be iudged an heretike without a generall Councel: So Augustine writeth, answering the Pelagians, who obiected that they were condemned without a Synode. Ac si congregatione synodi opus erat, vt aperta pernicies damnaretur, quasi nulla haeresis aliquando, nisi synodi congregatione damnata sit. As though a Synode neede to be congregate or called, to condemne such open wickednes, as if neuer any heresie had been condemned but in a Synode or Councel: Cont. 2. epistol. Pelag. lib. 4. cap. 12. This is that heretical opiniō, as they call it, which the Councel of Constance condemned in Iohn Husse, & him together with it, because he said, That an heretike, whatsoeuer he be, ought first to be instructed, and taught with Christian louelove, & gentlenes by the holy scriptures, & by reasons drawn out of the same, before he suffer corporall or bodily punishment: Fox. pag. 610. articul. 18. Which his saying is grounded vponupon that rule of the Gospell, Math. 18.15. That if we see one offend, we should first tell him priuatly; then before 2. or 3. lastly declare it to the Church: and if he will not heare the Church, that is, by scripture conuincing him, then continuing obstinate, let him be as a publicane. This rule the papists kept not in their bloudie persecutions here in England: They put many hundreds to death, & were not able to cōuince any one of heresie: but in disputation were themselues put to silence and made ashamed: Their onelyonly arguments were the fire and fagot.
3 Againe, they vsed vnlawfull waies and vniust, in sifting and examining, by error 104 cruel tormēts the poore innocents brought before them, neither shewing accusers nor witnesses: Iohn Browne Martyr appearing before Warrham and Fisher, two bloudsuckers, was burned with hot coales, his bare feet being set vponupon thē: Fox. p. 1292. Cutbert Symsons fingers were grated with an arrow, and he himself piteously racked, to be made betray his innocēt brethren, p. 2032. Tomkins hand was burned by Bonner, till the sinewes sparkled againe, pag. 1533. And these were the witnesses and accusers that were brought against them.
This was cleane contrarie to the law of Moses: At the mouth of two or three witnesses, shall he that is worthie of death dye, Deuteron. 17.6. Augustine saith, Quis iudex accusantis sumat personam? &c. What Iudge would take vponupon him to be an accuser?Quaest. ex vtroque mix. 102 Our Lord Christ knewe Iudas to be a theefe (sayth he:) yet because he was not accused, he did not cast him off. He counteth it a very vnnaturall thing for the Iudge to be an accuser, and to proceede without witnesses: which although in some criminall cases is more tolerable, yet in the cases of life and death ought in no wise to be vsed. The same iudgement also Augustine giueth of that cruell custome of tormenting men, to conuince them by their own mouth, which was inuented by the heathen, but neuer more cruelly practised, then among the papists: Hoc intolerabile est (saith he) & rigandum fontibus lacrymarum, cum propterea torqueat iudex accusatum, ne occidat nesciens innocentem, & fit per ignorantiam, vt & tortum & innocentem occidat, quem ne innocentem occideret, torserat: How intolerable a thing is it, and to be much lamented, that while the Iudge tormenteth the partie accused, lest vnwittingly he should put an innocent man to death; it falleth out that he adiudgeth to death a man both innocent, & beside tormented, whom, lest he should slay as an innocent, he before put to torment. His meaning is, that when a man is put to the racke, or otherwise tortured, that he might confesse the truth, and cleere himselfe; it commeth to passe, that through extremitie of the payne, he maketh himselfe guiltie, and so the innocent is both wrongfully tormented, and vniustly put to death. Which kind of forcing men by torture, though in some dangerous cases, as of high treason, and such like, where there is great perill in the concealing of the truth, and no other way to sift it out, may be admitted: yet to vse it as an ordinarie course as the papists did, and in causes of religion, it is to too shameful, and of all Christians to be abhorred.
4 Where hauehave they learned so hotly and fiercely to pursue simple men and women to death, for none or very small offences, which they notwithstanding error 105 falsely called heresie? Was it heresie for Iames Brewster to heare one Sweeting to reade many good things out of a certaine booke: or for the same Sweeting, when as the sayd Iames should say, Now the sonne of the liuing God helpe vsus, to answere, Now almightie God so doe? yet for these heresies were they both condemned and burnt in Smithfield, Anno. 1511. Fox. pag. 818.
A woman of Auspurge had like to hauehave been burned, for asking a priest that carried the Host to a sicke man with Taper-light, what he meant to goe with a light at noone day,Fox. p. 894. if Mary the Emperours sister had not made sute for her, Anno. 1550.
Anno 1525. a Monke burned in France, because he had forsaken his abominable order and married a wife, pag. 896.
Iohannes de Cadurco, being at a feast, where it was agreed that eueryevery one should bring forth this posie or sentence, because he brought forth this: Christ reigne in our hearts, and prosecuted it out of the scriptures, was burned, Anno. 1533. pag. 897.
A Tailour burned at Paris anno. 1549. for working vponupon an holy day: ex Iohan. Crispin. Fox p. 903.
Ralfe Hare constrained to abiure for saying before the Bishop of Winchester: The Lord is my witnes, It is Symbolum Haereticorum, saith Winchester, a marke to know heretikes by, to say the Lord, the Lord, page 1225.
One Thomas Sanpaulinus Matyr, because he rebuked a man for swearing, was thereupon suspected to be a Lutheran, examined, condemned and burned at Paris, anno. 1551. pa. 904. Many such like examples might be produced of holye Martyres, which for these and such other great heresies were put to death.
And as the offences were very smal, as we see, so their māner of proceeding was most cruell, void of all humanity. They spared not women with childe: We hauehave not forgotten that famous example of their crueltie, which shall be remē bred to their perpetuall shame and infamie: Howe they burned 3. simple women in the Isle of Garnsey, anno 1556. which had submitted thēselues to their merciemercy, one of the three was great with childe, which brast out of her wombe in the midst of the fire, and was throwne in againe. pa. 1944.
They had no compassion of the tender age of children: In the towne of Byrbroke, while Richard Chapman did pennaunce in the Church, beeing inioyned to kneele barefoote, and bare legged all the sermon while vppon the colde steps of the Church: a little boy for giuing him his hat to kneele vponupon, was had into the vestrie and piteously scourged. pa. 1047. Cruel Bonner burned Richard M…kins a childe of 15. yeeres, for speaking against the sacrament of the aultar, who notwithstanding at the stake was taught to speak much good of the B. of London, and so did, pa. 1202. John F…ttie his childe being of 8. yeere oulde, for saying to one of the Bishoppes Chaplens, that he had Balaams marke, was scourged so cruelly, that within 14 dayes hee died.
Nay such was their cruelty, they condemned to death men that were bestraught of their wits: as Collins and Cowbridge were burned beeing both franticke, see their storie. page 1131.
Where is now that lenitie and compassion, which ought to be in the Ministers of the Gospell? Such crueltie was not heard of, no not amongst the heathen. Yea they breake their owne law: which suffereth a man once to abiure his heresie, but if afterwarde he be detected, he dieth without merciemercy. Fox. Anno. 1511. William Carder & Agnes Grebil were condemned, though they submitted thēselues, and promised to be conformable to their religion. page 1277.
Yet this law of theirs is most vniust, and contrary to the gospell, which faieth, that if thy brother sinne against thee 7. times in a day, and 7. times in a day turne againe, and say, It repenteth me, thou shalt forgiue him. Luke 17.4. Yet these men will forgiue but once, and not that neither: But S. Paul saith,Tit. 3.10. An heretike after once or twise admonition reiect. Bellarm. his best answer is by denying the text, saying, that it was not so red in former times: but thus, after once admonition. de laicis. cap. 22.
There was more clemencie vsed in Augustines time: for then Bishops did not prouoke the Magistrate to execute whom they had condemned, but did entreat the Magistrate to shew compassion vntounto Heretikes, not straight wayes to punish them with death: Ne sic vitam istam finiant (saith Augustine) per supplicium, vt ea finita non possint finire supplicium, Least they should so end this life by punishment, that the life being ended, they should neuer end their punishment. Epist. 54. And in another place, sic eorum peceata compesce, vt sint, quos poeniteat peccasse, Epist. 159. So restraine their sinnes, that they may yet remaine to repent them of their sinnes: In those daies therefore, men were not by and by punished with death to preuent their repentance, as in time of poperie, but their repentance was expected, to deliuer them from the sentence of death. Thus much of this question, as likewise of the whole controuersie: and thus far also concerning such controuersies, as are moued about the Church militant, heere vponupon earth: which wee hauehave hitherto prosequuted by the Lords gracious assistaunce: In the next place we are to deale in those controuersies, which concerne the other part of the Church triumphant in heauen.
1. Timoth. 6.16.
Soli Deo immortali Patri, Filio, cum spiritu sancto sit honor & imperium sempiternum.
THE SECOND BOOKE OR CENTVRIE, CONTAINING AN OTHER LARGE HVNDRETH OF POPISH errors, and many of them foule heresies, deuided into six seuerall Controuersies: CONCERNING THE ESTATE OF THE CHVRCH TRIVMPHANT IN Heauen, and the Sacraments of the Church Militant vponupon earth.
Jmprinted at London by Thomas Orwin for Thomas Man. 1592.