Confutation of the Popes Bull, Part 23
¶That Kinges and Magistrates doe lawfully punish, yea and also put to death such as breake the true religiō, and disobey holy lawes. And so this discourse is shet vp.
ANd although the sayd latter Article of our aduersaries, (namely that no mā ought to be punished for breaking of the Religion of the Gospell, or for neglecting of such good lawes as they themselues estéeme not for good) may easly be iudged by ye premisses which we hauehave alledged out of Austē: yet notwithstanding, least any thing may remaine doutfull and vndiscussed, I will by short and euident Argumentes proue, that the Magistrate may lawfully punish, yea and put to death such as breake the true Religion, and set themselues agaynst holy lawes.
God commaū deth false Prophetes to be put to death.The Manichées and Donatistes in tyme past, (as hath bene sayd afore) were of opinion that no man was to be punished or put to death for his Religion. But the holy Scripture commaundeth the Magistrate expresly that he should not spare false Prophetes, but rather it willeth all such as rebell against God, against his lawes, and against the holy iudges to be put to death without any mercy. The places are most manifest in the Scriptures and well knowen to all men. Read in Deut. chap. 13. and 17. In Exode is rehearsed this law: He that offereth sacrifice to any God sauing onelyonly the God of Israell, let him be rooted out. And least any mā perchaūce may say, that these be but Iudiciall lawes, and therefore perteine nothing vntounto us: Paule expresly sayth: The law is not made for the rightuous, but for the despisers of the law,1. Tim. 1. and for such as know no subiection, for vngodly men and sinners, for wicked men and Idolaters,Leuit. 24. &c. Surely the blasphemer is (in Leuiticus) ouerwhelmed & stoned to death.Num. 19. In the booke of nōbers, he that gathered stickes is put to death for breaking the Saboth & for contempt of Religion.Exod. 32. Also there be certein thousandes of them slayne, which had set vp the golden calfe and worshipped it?3. Kynges. 18 Helias the great Prophet of God, slew certeine hundredes of the false Prophetes in the brooke Kyson at the notable sacrificing vponupon Mount Carmel.4. Kynges. 9. Heliseus at the Lordes commaundemēt annoynted Iehu kyng to roote out the house of Achab, and therwith to sacrifice all the Priests of Baal together.4. Kynges. 11 Ioiada the holy Priest of God slew the Quéene Athalia with the sword for her wickednesse. And kyng Iosias the deare beloued of God,4. Kinges. 23 executed sore Iustice vppon the bones of the false Prophetes in burnyng them, to shew vponupon them being dead, what they had deserued when they were aliue.
S. Austen in hys treatise vponupon the xj. of Iohn,S. Austens opinion concerning this matter. disputing against the Donatistes, sheweth out of the scripture by the example of Nabuchodonozor, that Christen princes did iustly punish the Donatistes, which made light accompt of Christ, and hys doctrine. Among other thinges, If King Nabuchodonozor (sayth he) gaue glorie vntounto God, for deliuering the thrée children out of the fyre,Dan. 3. yea and so great glory, that he sentfoorth proclamations of it ouer all his dominion: how should not these (our Christian) Kinges be moued,? which behold not thrée children deliuered out of a flame, but themselues deliuered from hell fyre) when they sée Christ (by whome they be deliuered) to be blowne vp in Christians, and when they heare it sayd to a Christen man, say thou art no Christian. Such thinges will they do, & yet such thinges will they not suffer: for sée what maner of thinges they do, & what things they suffer. They kyll soules, and are punished in bodye: They make eternall deathes, and find fault that they suffer temporall deathes. Thus much sayth he.
In the new Testament we hauehave most euident examples of Christes chiefe Apostles Peter and Paule:Act. 5. of whom the one did cast downe Ananias and Zaphira for their lying,Act. 13. and for their counterfeiting of religion: and the other made Elimas blind, as it had bene by putting out his eyes, because he peruerted the right wayes of the Lord. Neyther makes it any great matter, whether a man be slaine with a sword, or a cudgel, or a stone, or a potsherd, or with a woord. Killing is killing, by what meane, or with what instrumēt so euer it be done. And God wrought by hys Apostles, who in denouncing Gods iudgement against wicked persons, killed them, or punished them in their bodies by the woord. The same thing doth God by the sentence & sworde of the magistrate.Rom. 12.13. For it is Gods vengeance committed to the magistrate to be executed or layed vpō offenders, & therfore it is he yt punisheth & putteth to death by ye magistrate.
Why the sword is geuen to the Magistrate.And truely Kinges and magistrates hauehave therefore receyued the sword at Gods hand, yea euen in the church, that they may maintaine publike quietnesse, and punish al such as trouble the peace. But experience witnesseth that the publike quietnes is disturbed by fals teachers: wherupon it followeth, that they may, or rather ought to be punished by the purse, in their body, or with losse of life, according to the desert of the trespasse or offence. Moreouer it is certaine, that the Magistrate hath receiued power to strike blasphemers, whoremungers, murtherers, rebelles, and wicked persons with the sword. Now séeing that false teachers be, blasphemers, and draw men away from the truth vntounto lying, and destroy them both body and soule: why should not the magistrate punish such?
Lawes of christen princes concerning religiō.There be many lawes of most godly Christen princes, published in the case of religion, which geue commaundement to punish idolaters, apostataze, heretikes, and wicked men. I will rehearse one among many of the holy Emperor Constantines: for he writing vntounto Taurus P. P, sayeth: It is our pleasure that in all places, and all cities, the *of Idolatry.temples shall out of hand be shut vp, and al libertie of offē ding taken away from vnthrifts, by prohibiting them from comming there any more. Also we wil that all men abstein from sacrifising. And if they chaunce to commit any such thing, let them suffer execution by the sworde, and seaze vponupon their goodes as forfeyted. And if the rulers of Prouinces neglect to punish the offences, we will that they themselues shall hauehave the same punishment.
The same things almost are cōmaunded by the proclamations of Theodosius and Ualentinian, in the Code of Theodosius, in the second title, and also by Ualentinian, & Martian in the Code of Iustinian, in the xi. title of the first booke. Eusebius in hys iii. booke of the life of Constantine, copyeth into hys story the whole epistle of the Emperour Constantine, published against heretikes. The same Constantine whē he had borne with the Arrians a great while, howbeit without the fruite that he looked for, at the length perceiuing them to be wilfull, cōmaunded that they should be banished for euer, and taken for diffamed persons, & their bookes burned, & those to be punished yt concealed the same.
By the way I acknowledge that there is a measure to be vsed in punyshing,Measure to be vsed in punishing. and a consideration also to bee had betwene those that offend of a mischéeuous, and malicious stubburnesse: and those that sticke too much to their owne opinion against the true religion, through a simple missewéening without purpose to do harme. For in thys case, al vniustice and cruelty, is to be eschewed: like as also it is a thing most of al to be abhorred, yt those which are religious indéed, & of a sound opinion, yea and enemies of al idolatry, superstition, and heresies, should be punished vnderunder pretēce of false religion. Of which matter I hauehave entreated in my other bookes, & specially in my fift booke against ye Anabaptistes. Out of which I hauehave taken out these thinges, & put them in here.
But all these thinges are done to this purpose,Here is concluded the answer to the articles of accusation. because that the Bull hath alleaged it against the Quéenes Maiestie, as an article of accusation not of the meanest importance: that she hath layd penalties and punishments vponupon such as were disobedient, and executeth the same vponupon those that hauehave perseuered in obedience of the Romish sea, as though in so doing she outraged wrongfully and cruelly agaynst innocentes, and such as had deserued no such thing, and so sinned haynously. The Bull procéedeth yet further in lying and sayth, that the catholike byshops hauehave ended their dayes miserably by pyning away for sorow in prison. How fond a report this is, the very thing it selfe witnesseth which is commonly knowne to all the people of the whole Realme. Nay rather (as I hauehave learned by men of very good credit) the popish byshops are handled curteously in England, and far otherwise then they hauehave deserued. For some of them soiorne at theyr libertie in the houses eyther of the Archbishop or of some of the byshops, and now & then sit at their owne tables, where they fare daintely without penny cost. Other some dwel as much at liberty as may be, eyther in theyr owne houses, or in theyr frendes houses: & a very few (that is to wite, such as are vtter enemies of the Gospell, and of all godlines, troublesome persons, and men that can away with no quietnesse) are in déede put in prison, least they might sette all thinges in a broyle: where they walke at libertie enough, and are not dead and pyned away for sorow, but aliue and lustie, and passe away, theyr time merely. These being alate the champions and hastelers of the popish crueltie, did oftentimes vppon very light suspitions catch vp godly men that professed Christes Gospell, and tormenting them a long time like butchers, with lothsumnes of prison, darknes, fetters, famin and racking, at the last put them to most cruell death. The bishop of Rome (a Gods name) complayneth that these men are misintreated, because they be kept in prison: and therwithall he condemneth that most mercifull Quéene, of cruelty. By these thinges that hauehave bene hetherto declared, it may euidently appeare to all men, that the Quéene hath not offended at all in so doing, but hath in all these thinges executed hir office to hir singular prayse. Therfore in ye Bull he concludeth hys accusation with these wordes: That all the sayd thinges are so notorious as there can be no excuse, defence, or vnsaying in the matter: he bewrayeth hys shamelesse saucinesse ioyned with as shamefull foolishnes. For the Quéene vnsayeth nothing, she excuseth nothing, she séeketh no starting hole at all, she denyeth not that she hath done as she hath, but fréely confesseth it, and she is neyther ashamed, nor affrayd: for the knoweth, sayth, and auoucheth, that the thinges which she hath done, she hath done lawfully, iustly, and according to hir office: the which of all defences is most effectuall, and with the strong blast of it, bloweth away this most vaine Bull. And as for the things which she hath not done, or which she hath done otherwise than the Bull quarelleth: they defend themselues by theyr owne soundnes without a maintayner.
And thus hauehave I hetherto in all this discourse of mine,The generall conclusion. cut a sunder the sinewes of the foresayd definitiue sentence of the Bul that was published by pope Pius the fift ageinst the most gracious Quéene of England: for first we shewed that the popes fulnesse of power aforesayd, by vertue wherof he hath vttered his sentence, is but forged and counterfet and therfore that the sentence also being pronounced by authoritie that is forged, & no authoritie at all, is most vaine. Secondly, aunswering somewhat largely to eueryevery article of the accusation layd in by the Bull, against the Quéene: for which he pronounceth sentence agaynst hir, and wiping away the coulerablenesse of the slaunders. I hauehave shewed that all and eueryone of those articles are most false, & that the Quéene hath not offended at all in any of the thinges, whereof she is accused: but rather hath in all of them discharged hir dutie to hir singular prayse. Upon al the which premises concluding also the whole latter part of this our discourse, I say and auouch it to appeare more clearely than the Moone light, that the sayde difinitiue sentence, which Pius the fifth, hath geuen against the Quéene of England, is most partial and vniust. For iust iudges pronounce their sentences according to law and equitie. But no law, no equitie willeth to condemne a partie that is vnconuicted, yea and vtterly giltles in the offence that he is charged with. For by Gods owne iudgement, he is an vniust, a partiall, and a wicked Iudge, whosoeuer he is that condemneth a person which is vnconuicted, yea and cleare to, and dischargeth or acquiteth a person that is conuicted and found giltie in déed. Truely by law Iudges heare the enditementes of the accusers, and likewise on the other side the aunswers of them that be accused: and yet he that is accused, runneth not in any danger by law, so long as the articles of inditemēt be not lawfully prooued: but rather if he cleare himselfe of the articles of the enditement by lawfull and euident aunswer, he is discharged of all domages, and acquit of al fault. Now forasmuch as it is certainly apparant by the thinges aforediscoursed, that all the accusations wherwith the pope hath hetherto charged the Quéene of England, and which he hath alleaged by hys Bull, are disproued by iust, open, & euident reasons or aunswers, and therefore that her royall Maiestie is not conuicted of any of the faultes that be layd against hir: It is also certaine and sure therewithall, that the popes definitiue sentence, against that giltles Quéene, vnable to be conuicted of any of ye crimes layd to hir charge is both most partiall and most vniust: and that the Pope, which taketh vppon him as a Iudge in thys cace, is a most wicked and abhominable iudge. And yet I wil not say that euen he the pope, hath contrary to all right & reason made himself both accuser & iudge in thys case, and hath bables out what so euer came at hys tounges ende, and what so euer he listed, but proueth not, ne confirmeth not any whit of hys case.