Authority of Magistrates About Religion, Section 14
SECT. 14.
I remember in the life of Joſephus, when ſome of the Trachonites came in for reſcue to the Jews, where himſelf was Governor, and the Jews would thereupon conſtrain them to be circumciſed, or elſe let them not abide with them, he would not permit that injurious zeal, alledging, "That every man ought according to his own mind, and not by mans compulſion, to ſerve God. In our Engliſh ſtory (to ſuit this), when Ethelbert the firſt Prince that received Chriſtianity of the Sexon Heptarchy, was converted by Auſtine, ſent hither by Gregory, and many thereupon came into the Church, it is ſaid, "He ſpecially embraced thoſe that came in, but compelled none, for he had learned, that the faith and ſervice of Chriſt ought to be voluntary, and not of conſtraint. It helpeth much to eſtabliſh the publick Tranquility (ſays the Imperial Edict of Conſtantine and Licinius), for every man to have liberty to uſe and chooſe what kind of worſhipping himſelf pleaſes: And for that intent is this done of us, to have no man enforced to one Religion more than another. "A Prince who would draw his Subjects divided into Sects and Factions, to his Religion, ſhould not in my opinion uſe force, ſays Bodin. Which he enhaunſes more particularly from the example of Theodoſius toward the Arrians. John Barclay (not William that wrote adverſus Monarchomachos) hath a Diſcourſe on purpoſe to this effect about the Calviniſts (as it is thought) under the name of the Hyperephanians, in one Chapter of his Argenis. "It was obſerved by the Popes Councel (ſays Guiccardine) that the proſecution of Luther, ſince it was not accompanied with their own Reformation, did encreaſe his Reputation; and that it had been a leſs evil to diſſemble the knowledg of ſuch a matter, which would perhaps have diſſolved of its ſelf, than by blowing at the brand, to make the fire burn the more. There may be ſome Notes conferred with this out of Davilah, upon the deliberations of the Politick Katharine Regent of France, about the Pacification in her Son Henry the Thirds time. I will reſt in one, after Henry the Fourth ſucceeded. That great Prince thought good to declare himſelf Catholick, but gets that ſame Edict for Liberty to the Hugonats, to be renewed and paſſed the Parliament of Paris; "By which means endeavouring to remove ſuſpition from their minds, and confirming them by good uſage, together with ſome gifts and promiſes to the chief Heads, he inſenſibly took away (ſays the Hiſtorian) the pulſe and ſtrength of that Party; ſo that thoſe that are verſed in the Kingdom believe that a few years of ſuch ſweet poyſon (if he had not been diſabled in this courſe through want of money) would have extinguiſhed that Faction, which ſo many years of deſperate War, had not with the effuſion of ſo much blood, been able to weaken. "Violent courſes (ſays my Lord Cook) are like hot waters, that may do good in an extreamity; but the uſe of them doth ſpoil the ſtomack, and it will require them ſtronger and ſtronger, and by little and little they will leſſen the operation. "They that love this Commonwealth (ſays Judg Jenkins) will uſe means together with the reſtitution of the King, to procure an Act of Oblivion, and tender Conſciences a juſt and reaſonable ſatisfaction, elſe we muſt all periſh firſt or laſt. I will crown the reſt of theſe Teſtimonies with that experienced advice of our late King to his Son our now conſenting Soveraign. "Beware of exaſperating any Faction by the croſneſs and aſperity of ſome mens paſſions, humours, or private opinions employed by you, grounded only upon the differences in leſſer matters, which are but the skirts and ſuburbs of Religion, wherein a charitable Connivance, and Chriſtian Toleration often diſſipates their ſtrength, whom a rougher oppoſition fortifies, and puts their deſpiſed and oppreſſed party into ſuch combinations as may moſt enable them to get a full revenge on thoſe they count their Perſecutors, who are commonly aſſiſted by that vulgar commiſeration which attends all that are ſaid to ſuffer under the notion of Religion. I ſet down theſe paſſages which my ſelf occaſionally have noted: I may add many more out of others.
It is not like in the three firſt Centuries of the Church that any thing is to be found in the Chriſtian Writings for the uſe of the Sword in Religion, while themſelves were under it. In the next enſuing we have Conſtantine, Conſtantius, Jovian, Valentinian, Valens, Theodoſius; and after thoſe, Honorius, and Arcadius may be cited for their larger permiſſions, eſpecially toward the Jews, by thoſe that will be at the pains to do it. In the year 386, Idacius and Ithacius were condemned by the Gallican Biſhops, for being Authors of bringing the Priſcillianiſts to execution. And St.Auguſtine no doubt with the Fathers generally are againſt any Sanguinary Laws in this matter. Nullis bonis in Catholica Eccleſia, hoc placet, ſi uſ que ad mortem in quenquam haereticum ſaeviatur. Contra Creſconium l. 3. c. 50. Hence were they called Ithacians, and held for Hereticks who maintained that thoſe who erred in Religion ought to be put to death. And it is obſerved it was Dominick was the firſt that brought up the fire among Chriſtians upon that account. Withdraw from them, avoid them, ſays the Scripture, foreign, but not beat or perſecute them as the Heathens do, ſays Ignatius. For it is an unheard of ſtrange kind of preaching the Goſpel (ſays Gregory) to exact belief (as the Egyptian their Bricks) with ſtripes. Decere arbitramur (ſay Theodoſius and Valentinian) noſtrum Imperium ſubditos noſtros de Religione commonefacere. They choſe not to ſay, Imperare, but Commonefacere; ſignifying that Religion ought not to be forc'd. Nihil enim (ſays Lactantius) tam voluntarium quam Religio, in quaſi animus eſt ſacrificantis averſus, jam ſublata, jam nulla eſt. Religio imperari non poteſt, ſays Caſſidodore. And, Suadenda (ſays St. Bernard) non imperanda. Praecepit ſancta Synodus (ſays a Toletan Canon de Judaeis), Nemini deinceps ad credendum vim inferre. And the new Law (ſays Tertullian) does not vindicate it ſelf ultore gladio. The Jews took no ſuch courſe (as peſtilent as their Doctrine was) with the Sadduces; nor Chriſt with the Samaritans. See Luc. 9.55. Mat. 13.28, 29. Jo. 18.36. Jo. 6.67. And will ye alſo go away, ſays Chriſt to the Twelve? Which are words removing all force and neceſſity from man in the choice of his Religion. So Chryſoſtome, Athanaſius, Cyprian, I may add Auguſtine and Salvian, all, or moſt out of Grotius, put his two Books, De jure belli, and De imperio ſummarum poteſtatum circa ſacra together, in certain places. And at the laſt let us hear that learned and judicious man himſelf, for as the man is, ſuch is his ſtrength. Quid de illis armis dicemus quae inferuntur populis aliquibus eam ob cauſam quod illi Chriſtianam religionem ſibi propoſitam amplecti nolunt? Duo notanda dicimus. Prius eſt veritatem Chriſtiane religionis argumentis mere naturalibus perſuaderi non poſſe, quo fit ut penitus in animum admitti nequeat niſi ſecretis Dei auxiliis accedentibus, quae ſi quibus negantur id fit ob cauſas plerum que nobis incognitas, ac proinde humano judicio non punibiles. Alterum hoc eſt, Chriſto novae legis auctori omnino hoc placuiſſe ut ad legem ſuam recipiendam nemo hujus vitae poenius aut earum metu pertraheretur. De jur. bel. l. 2. c. 19. I forget not Camerarius in his Hiſtorical Meditations, who l. 3. c. 18. hath a diſcourſe, as learned, full, and grave as need to be upon this argument.
For all this, there is a difference I account to be held firm, between the forcing of people to the profeſſion of a Religion which they have not received yet into their minds and belief (and ſo cannot worſhip God in it, who is a ſpirit, and muſt be worſhipped in ſpirit and truth): and the preventing or reſtraining exorbitances in that Religion which a Nation does already profeſs. I cannot drive any perſon (over whom I have the greateſt power) againſt his will unto God; yet ſhould I not methinks, if I can help it, let him go to the Devil. Notandum (I remember the ſame Grotius has it otherwhere) puniri delicta non tantum quae directe alios laedunt, ſed & quae per conſequentiam. Religio autem ſuos habet in ſocietate humana effectus maximos. It cannot be denied by me that Hezekiah, Joſiah, Aſa, Jehoſhaphat, threw down the High places: Nor that ſome good Emperors through the like care of Unity in Religion, forbad Heretical and Schiſmatical Conventions, gave their Churches to the Orthodox, laid mulcts upon the ordainers, and the ordained amongſt them, debarred them from Preferments, yea even from their Rights by Teſtaments. And if in all this they are defended, by Auſtine againſt the Donatiſts (See his firſt Book againſt the Epiſtle of Parmenian, and De Horum correptione, more at large), it may be believed that the uſe of ſome ſort of temporal puniſhments for the reclaiming of Schiſm and Errour, which cut not men off from repentance as death does, was not abhorrent altogether to the ancient Church. Exhibitus igitur & convictus Criſpinus, decem tamen libras auri (quam mulctam in omnes haereticos Imperator Theodoſius conſtituerat) intercedente Poſſidio, non eſt compulſus exolvere. Cont. Creſ. l. 3. c. 47. It were perhaps eaſier to ſay what is lawful, then what is fit, and to ſpeak more that is true, then convenient for the ſeaſon. The Commonwealth (ſays Patricius) is as a Ship, quae omnium manibus officio que indiget. A leak in a Ship (ſays my Lord Cook) hereupon) is timely to be repaired. For as it is in the Natural, ſo is it in the Political body, Non morbus in pleriſ que ſed morbi neglecta curatio, corpus interficit. Jnſt. part. 4. c. 1. p. 50. I will add what I find a few leaves before, (pag. 35.) when it was demanded in a Parliament of Henry the Sixth by what means they might have good ſucceſs, the anſwer is thus ſet down. Eritis inſuperabiles, ſi fueritis inſeparabiles. Exploſum eſt illud diverbium, Divide & impera, cum radix & vertex imperii in obedientium conſenſu rata ſunt.
The ſcope of all this leads to reconcilement, and the middle path between the Oppreſſion, and Licentiouſneſs of the Conſcience, that the due Liberty thereof, and no more, being maintained, the care of Religion may not be neglected, nor good Laws be condemned; but different minds may be born, yet dangers ſtopped, and the Church upholden. In omnibus vero tenendus eſt modus aptus humanitati, congruus charitati: ut nec totum quod poteſtatis eſt exeratur: & in eo quod exeritur dilectio non amittatur: in eo autem quod non exeritur, manſuetudo monſtretur, Auguſt. cont. Creſ. l. 3. c. 51.
I deſcend not now to any particulars in reference to the entendment named; for I know how touchy the age is, and that the proper Anvil to have ſuch things beaten upon, were Conventus ſapientum, or magna ſervorum Dei frequentia, in the ſtile of ſome ancient Lawyers. There is one thing only yet I cannot paſs as what is more conſpicuous in that Father laſt cited; who having occaſion in reference to the Donatiſts, to conſult with his Brethren about this matter, he tells us the reſult they came to was this; Non eſſe petendum ab Imperatoribus ut ipſant haereſim juberent omnino non eſſe, poenam conſtituendo eis qui in illa eſſe voluiſſent, ſed hoc potius conſtituerent ut eorum furioſas violentias Catholici non paterentur. That is, they would not have their Legats deſire of the Emperour to paſs any ſuch Law that no man ſhould be ſuffered to be Donatiſts, or that if they were, they ſhould be puniſhed only for being of that opinion: But that the violences they offered againſt the Orthodox might be repreſſed, and particularly that the mulct which by a Law of Theodoſius was laid on Heretical Preachers, might be inflicted on theſe men that were diſturbers. Indeed the Emperour afterwards hearing of the fury of their Circumcellioes, paſſed ſome Laws more ſevere than Auguſtine would have deſired, againſt all the Sect: And that Father, it muſt be acknowledged, in many places of his ſeveral Books, does ſeem to rejoyce much in the great ſucceſs they found by them; inſomuch as I will not omit one or two of his expreſſions. Multi qualem cauſam haereſis haberet nunquam antea cogitaverunt: mox ubi caeperunt advertere, & nihil in ea dignum invenire propter quod tanta damna paterentur, ſine ulla difficultate Catholici facti ſunt. Docuit enim eos ſollicitudo, quos negligentes ſecuritas fecerat. Again, Non vel tot ſunt illi homines qui ſua voluntate pereunt, quot liberantur per iſtas leges ab illa peſtifera pernicie, Fundi, pagi, viri, caſtella, municipia, civitates. De correptione Donatiſtarum, ad Bonifacium.
By this little and by all the reſt, we may ſee what a difference there is, and ought to be of judgment, according to diverſity of ſtates, and circumſtances in this buſineſs. It is certainly true on both ſides; On the one, that Laws and Puniſhments are ordinarily the direct means to ſuppreſs any evil that is growing, and conſequently any party, ſect, or opinion, that the Ruler ſhall think fit to ſuppreſs: On the other, that Perſecution is the moſt quick and active courſe, to engage the hearts and ſpirits of the believing and zealous, in their way which is Religious, and wherein they judg that God ſtill muſt be obeyed before man, above any other (even of Preferment it ſelf) that could be invented to do it. And conſequently, when we have ſtated the Magiſtrates power, whereby we come to ſee what he may ſtrictly do in theſe matters, we muſt leave him at the laſt to prudential conſiderations ſtill, whether he had beſt to exert that power or no, and what is beſt in the exerting of it, according to the condition of this people. For my own part, I am here in Genere demonſtrativo, not in Genere deliberativo. And I may debate with that Gentleman in the one, unto whoſe Arguments I would refer to chuſe of any, in the other.
There are two Rules in the Preamble of the Statute primo Mariae. The one is that the ſtate of a King ſtandeth more aſſured by the love of his Subjects, than in the dread and fear of Laws. The other is, That Laws juſtly made without extream puniſhment, are more often, and for the moſt part better obeyed than thoſe that are made with that extremity. Unto which the before named Lord Chief Juſtice Sir Edward Cook ſubjoyns this ſentence, Mitius imperanti, melius paretur. I will cloſe up all with that gracious end of one Speech of the preſent Lord Keeper to the Parliament. If any juſt grievances ſhall have happened, his Majeſty will be as willing and ready to redreſs them as you to have them preſented to him: And his Majeſty doubts not but you will give healing and moderate Counſels, and imprint that known truth in the hearts of his Subjects, That there is no diſtinct intereſt between the King and his people, but the good of one, is the good of both.
FINIS.
ERRATA.
PAg. 26. lin. 12. for then read that. p. 28. l. 11. r. we ſhall perhaps. p. 59. l. 14. r. allowed to plead. p. 66. l. 17. for preferred r. preſerved.
End of the text · John Humfrey, Authority of Magistrates About Religion (1672)