The Sword of Christian Magistracy, Treatise · Floating text

The Sword of Christian Magistracy · Treatise · Floating text

p. 36VICTOR CONSTANTINUS MAX. AƲG. HAERETICIS.

COgnoſcite jam per legem quae a me ſancita eſt, ô Novatiani, Valentiniani, Marcioniſtae, Pauliani, quique Cataphrygum nomen uſurpatis, & omnes omnino, qui per conſpirationes a vobis conflatas, haereſes & ſectas etiam atque etiam augere conamini: cognoſcite inquam, quibus mendaciis vestrae doctrinae inanitas implicata teneatur, & quatenus peſtiferis quibuſdam venenis veſt…d uſque eo inficiatur diſciplina, vt per eam integri ac valentes ad morbum, vivi dutem ad ſempiternum interitum abſtrahantur. O veritatis inimici, hoſtes vitae, internecionis authores & conciliarii, omnia apud vos veritati contraria, turpibus conſentientia maleficiis ineptiis & commenticiis fabulis exultantia. Quibus certe mendacia ſtruitis, premitis inſontes, fidelibus, veritatis lucem denegatis. Nam falſa viſione et ſpecie pietatis ſemper delinquentes, omnia contagione veſtra contaminatis, conſcientias integras & labe vacuas lethalibus plagis vulneratis: ipſum diem, poen… dixerim, hominum oculis adimitis. At quid attinet ſingula perſequi, cum de veſtris flagitiis, ſicut eorum natura poſtulat dicere, neque temporis anguſtia, neque occupationes, quibus diſtricti ſumus, ſinunt. Nam ſcelera veſtra adeo grandia, adeo immenſa ſunt, adeo etiam turpia & omni crudelitate redundantia, ut dies integer ad ea explicanda non ſufficeret; Imo vero ad hujuſmodi rebus aures abducere, oculoſque avertere convenit, ne ſingulorum explanatione ſyncera & incorrupta fidei noſtrae profeſſio commaculetur. Quid ergo? partiemurne ejuſmodi malorum contagionem longius ſerpere, praeſertim cum longa dilatio faciat, ut ſani ac valentes ea tanquam peſtifero morbo inficiantur? Cur igitur non cum maxima celeritate ejuſmodi pravitatis, ut ita dicam, radices animadverſione & poena publica amputamus?

Atque quò iſta veſtrae pestis pernicies longius graſſari impediatur, per hanc legem mandamus, ne quis veſtrûm poſthac conventus cogere audeat. Et propterea Note.etiam jubemus, vt univerſae aedes veſtrae, in quibus congreſſus illos celebrare conſueviſtis, penitus evertantur, & haec cautio eò vim ſuam porrigat, vt non modo non in publicis, ſed ne in privatis quidem aediſiciis, aut in locis ullis ſeparatis, hujus veſtrae ſuperstitioſae amentiae factiones coeant: At verò quod multo praestabilius eſt, ſi qui vestrum verae & ſyncerae religionis curam habeant, ad Catholicam Eccleſiam revertantur, & ejus ſanctitatis ſint participes, per quam poterunt ad veritatem pervenire: fraudulenta veſtrae perverſae mentis aſtutia: hoc eſt, ſcelerata & perdita Haereticorum & Sciſmaticorum ſeditio, omnino ab hac proſpera temporum nostrorum conditione ſejungatur. Nostrae enim proſperae ac beatae vitae rationi, qua dei benificio frumiur, est admodum conſentaneum, vt qui aetatem bona ſpe ſustentatam degant, ab omni vago & caeco errore ad rectam viam, a tenebxis ad lucem, ab inſcitia ad veritatem, a morte deni que ad ſalutem traducantur, ac quo proviſio haec in curandis erroribus robur & firmitatem ſibi neceſſariam aſſequatur, mandavimus ut ſupra dictum eſt, ut omnia ſuperſtitionisvestrae loca, in quibus convenire ſoleatis, omnia dico haereticorum templa (ſi modo templa appellare convenit) ſine recuſatione aut controverſia diruantur, et diruta abſ que mora catholicae tradantur eccleſiae: reliqua loca publico Reip. uſui addicantur, ne ulla in poſterum vobis p. 37conventus celebrandi relinquatur faoultas. Sit igitur hoc ratum statumque ut poſt hunc diem in nullo loco vel publico, vel privato nefarii veſtri conventus in unum coire audeant. The effects of this Decree are thus expreſſed by Euſeb. in the next Ch.

Ad hunc modum occultae quaſi latebrae & receſſus eorum, qui alienam ab Eccleſia catholica doctrinam & opinionem tenebant, Imperatorio edicto evoluti patuerunt; beſtiae etiam immanes, quae hujus erant impietatis authores, exactae. Ex illis ver… qui eſſent iſtorum impulſu in fraudem & errorem inducti, alii Imperatoris minis perterriti, fallaci & fucata ſpecie in eccleſiam obrepere coeperunt, temporum conditioni callide & diſſimulanter cedentes; ac quoniam lex hominum libros perſcrutari juſſerat, tandem manifeſto deprehenſi fuerunt hi, qui vetitas & interdictas illas artes ad hommum perniciem comparatas conſectati fuiſſent, qua de re omnibus ut dicitur opibus viribuſque claborant, ut ſimulatione ſibi ſalutem adipiſcerentur; Alii forte ad ſpem, quae in deo Opt. Max. poni debet, verè & ex animo ſe transferre quos cum eccleſiarum praeſides accurate internoſcere ſtuderent, alteros ovium pellibus obtectos, adumbrata ſpecie ſe inſinuare conantes, procul amandarunt; alteros vero qui idem integra & incorrupta mente inſtituerent, ubi temporis longinquitate explorando; de illis ſatis exquiſite periculum feciſſent, in multitudinem aſcititiorum aſcripſerunt. Hoc modo cum illis qui alienam ab eccleſia opinionem, & doctrinam ſequebantur, actum eſt, alios autem, qui, dum in eorum dogmatum diſciplina verſabantur, nihil concepiſſent impietatis, ſed ſciſmaticorum culpa ſe temerè a communi Eccleſiae congregatione & frequentia ſejunxiſſent, abiecta omni cunctatione in Eccleſiam receperynt. Hi igitur gregatim, tanquam ex colonia revertentes ſuam recuperarunt patriam, & Eccleſiam matrem agnoverunt. A qua diu aberrantes, cum gaudio & laetitia ad eam redierunt, membraque cōmunis corporis fuere in unum coagmentata, & concordiae quaſi compagibus firme copulata; ſolaque catholica Dei Eccleſia in ſo coaleſcens, tum reſplenduit, cum nuſquam Gentium vel Haereticae vel Sciſmaticae factionis, veſtigium reliquum quidem eſſet. Cujus praeclari facinoris cauſam, Imperatoris Deo (cui ſolus ex omnibus Imperatoribus qui aliquando extitiſſent curae erat) acceptam plane retulit.

This was the good effect of this Emperors Edict, a ſufficient encouragement to others to imitate his Example, who likewiſe ccNiceph. Eccl. Hiſt. l. 8. c. 18. l. 11. c. 30. Sozomen, l. 7. c. 24. Juſtinian l. 1. Cod. Tit. 12. de Judaeis. Chryſoſt Orat. 2. Cont. Judaeos. Cent. Mag. 4. Col. 345, 346.ſuppreſſed the ſeditious tumults and attempts of Hereticks, by baniſhing them into remote parts, and puniſhed the Jews with ſevere corporal puniſhments for their attempts againſt Chriſtians and Chriſtian Religion, and endeavoring to repair the Temple at Jeruſalem.

The ddSozomen l. 3. c. 17. Cent: Magd. 4. Col. 546.Sons of Conſtantine the great prohibited under pain of death, that none ſhould be circumciſed after the maaner of the Jews.

The ee…heodoret. Eccleſ. Hiſt. l. 5. c. 2. 16. Socrates Schol. l. 5. c. 7. Sozomen l. 7. c. 6. Ruffinus l. 1. c. 19. Auguſt. Epiſt 48. et de Correctione Donatiſt. ad Bonifacium. Niceph. Eccl. Hiſt. l. 12. c. 15. l. 13. c. 37. Surius Concil. Tom. 1. p 484. Tom. 2. p. 136. 215, 216. 1029 Cent. Mag. 4. Col, 545, 546. Cent, 5. Col. 770, 771. Cent. 6. Col. 444, 445Emperors Gratianus, Valentinian, and Theodoſius the Elder and Yonger, as they expelled the Arian Biſhops and Miniſters out of their Churches and placed orthodox Biſhops & Paſtors in their ſtead; ſo they made Laws againſt them, prohibiting their meetings, baniſhing them the City, and interdicting their Miniſtry: Which Laws are recorded by Juſtinian Codicis lib. 1. Tit. 4. Lex. 1, 2. Yea, the Emperors Arcadius, Gratianus, Valentinian, Theodoſius, Anaſtatius, Marcianus, and Juſtinian, made ſundry Laws againſt the Manichees, Apollinarians, Novatians, Eunomians, Valentinians, Montaniſts, Priſcillianiſts, Marcioniſts, Eutichians, Donatiſts, Paulians, Euchratiſts, AND OTHER HERETICKS, TO THIS EFFECT: p. 38That they ſhould neither preach, nor ſpeak of their Hereſies, nor exerciſe their Miniſtry, nor vent any thing againſt the orthodox truth, nor keep any aſſemblies in Churches or private houſes, under pain of confiſcation of the places where they aſſembled; and they were to forfeit an hundred pounds of gold to the Emperor, and fifty to the Preſident; that all their goods, Liberties, Offices, Titles, ſhould be forfeited; that they ſhould inherit no lands, nor have power of buying, ſelling, or contracting after conviction, nor to make any Will or Codicil: IN MORTEM QUOQUE Inquiſitio TENDATUR: And that they ſhould likewiſe be put to death, their crime being greater then treaſon againſt the Emperor: That the believers, receivers, defendors, and favourers of Hereticks be excommunicated for the ſame, and not conforming within one years ſpace ſhould be accounted infamous, and not be admitted to any publick offices, Councels, Elections; nor to give teſtimony in any caſe, nor have power to make a Will, nor to injoy Lands as heirs and ſucceſſors to any perſon, nor have power to implead any man in any Court, nor to be Advocaters or Regiſters: That thoſe Hereticks ſhould injoy no Military nor Civil Office; that all their Heretical Books (**Mox flammis dedendus eſt; & cum omnibus ſuis parti-CONCREMANDUS. Codex Theodoſii l. 16. Tit. 4. Lex. 57. ſome of their Perſons to) ſhould be publickly burnt: & that the Manichees ƲLTIMO SƲPPLISIO traderentur, quoniam his nihil relinquendum loci eſt, in quo ipſis etiam elementis fiat iniuria: And they further ffCodex Theodoſii l. 16. Tit. 1. Lex. 4. & Tit. 3. Lex. 1.Titus 1Titus 3Enacted, That if any condemned Hereticks, gathered Churches, or raiſed any tumults to the diſturbance of the publick peace: Ʋt ſeditionis auctores, paciſque turbatae Eccleſiae ETIAM MAIESTATIS CAPITE AC SANGƲINE SINT SƲPPLICIA LƲITƲRI: They were to be puniſhed as authors of Sedition, diſturbers of the publick peace and guilty of Treaſon, with the loſs of their heads, and blood: Theſe ſeveral Laws are more largely recorded in Juſtinian Codic. lib. 1. Tit. 8. De Haereticis & Manichaeis, & Codex Theodoſij lib. 16. Tit. 1. 4. The ſelf-ſame Emperor, together with the Emperor Constantius Enacted the like Laws, and inflicted the ſelf-ſame puniſhments upon Apoſtates from the Orthodox Faith to Paganiſm, to Hereſie and Judaiſm, regiſtred at large by Justinian Cod. lib. 1. Tit. 10. De Apostatis, where you may peruſe them, and in Codex Theodoſii lib. 16. Tit. 6, 7, 8. Theſe Emperors likewiſe Enacted ſevere Laws for the ſuppreſſion of Idolatry and Pagan Religion: and the Emperors Constantius and Julian Enacted this capital Law; PAENA CAPITIS ſubjugari praeeipimus eos, quos operam ſacrifitiis dare, vel colere ſimulacra constiterit; Codex Theodoſii lib. 16. Tit. 8. lex. 6. Theſe Edicts of theirs, ſuppreſſed, deſtroyed the Eutichian, Nestorian, with other of theſe Hereſies, as the hiſtorians of that age relate, and Leo. Epiſt. 38. & 39. to the Emperor Marcianus and Pulcheria the Empreſs, teſtify, and Epiſt. 91. The good effects of theſe Laws, that they reclaimed, converted **De multorum jam correctione guademus Non illos aut illos homines, ſed MULTAS CIVITATES, videmus fuiſſe Donatiſtas, nunc eſſe catholicas, deteſtati vehemen ter Diabolicam ſeperationem, &c. August. Epiſt. 48.many from their Hereſies and Errors, and made them real converts, is at large recorded by Saint Augustin in his 48. & 50. Epistles: this experimental good fruit of them inducing him thus to retract his former opinion againſt puniſhing Hereticks with corporal puniſhments: **Retractat. l. 2. c. 5.Sunt duo libri mei, quorum titulus eſt, Contra partem Donati; in quorum primo libro dixi, non mihi placere ullius ſecularis poteſtatis impetu Sciſmaticis ad communionem violenter vehementer que arctari. Quod verè tunc mihi non placebat, quia nondum expertus eram, vel quantum mali eorum auderet impunitas, vel quantum eis in melius mutandis p. 39conferre poſſet diligentin diſciplina. Epiſt. 48.Sed haec opinio mea nec contradicentium verbis, ſed demonſtrantium ſuperabatur exemplis: Primò mihi opporrebatur civitas mea, quae cum tota eſſet in parte Donati, AD ƲNITATEM CATHOLICAM TIMORE LEGƲM IMPERIALIVM CONVERSAEST, quam nunc videmus ita hujus veſtra anim…fi…a…i… perniciem deteſtari, vt in ea nunquam ſuiſſe credatur. Ita aliae multae quae mihi nominatim commemorabantur, vt ipſit rebus agnoſcerem etiam in hac cauſa restè intelligi poſſe quod ſcriptum eſt. Da ſapienti occaſionem, & ſapientior erit, &c. which he ſeconds in the ſame Epiſtle, and Epiſt. 50.

**Optatus Contr. Par. lib. 3. Auguſtin Contr. Epiſt. Parmen. l. …. c. 6, 7. in Io…. Tract. 11. & Epiſt. 48. 50. 56. Retract. l. …. …. 5. … c…nt. …. 5. c. 9. col. 847, 848. Baronius An. 418. ſect. 19, 20▪ uſſerius … de Brit. Eccl. Primordiis 271, to 275.About the year of our Lord 430. Divert of the Schiſmatical Dotatists were ſlain and put to death for their Sedition, Schiſme, and Violences; which Saint Augustin deemed lawful, and juſtified at the laſt when he perceived their Schiſm and miſcheifs could not elſe be ſuppreſſed, though he were formerly of another opinion.

The Emperors … Honorius and Theodoſius made a Law, for the Ganiſhing and Puniſhment of Pelagius and C…leſtius, the Broachers of the Pelagian Hereſy and their followers: wherein there is this notable clauſ: Hos ergo reper… ubicunque de hoc tam nefando ſcelere conferentes, a quibuſcunque jubemus corripi, deductoſque ad audientiam publicam, promiſcuè ab omnibus accuſari; ita vt probationem convicti criminis ſtilus publicus inſequatur, ipſis inexerati exilii deportatione damnatis. Decet enim originem vitii a conventu publico ſequeſtral; nec in communi eos celebritate conſiſtere, qui non ſolum facto nefario deteſtandi, verum etiam exemplo venenati ſpiritus ſunt cavendi: Juvat autem per omnem penè mundum, qua Imperium noſtrum extenditur, hujuſmodi pro…lgata diffundi: Ne ſcientiae fortaſſe diſſimulatio paſtum praeſtet errori: atque impunè ſe quiſque putet audire, quod condemnatum rigore publico ſeſe finxeret ignorare. Datum pridie Callendas Maiias, Ravennae, D D. N N. Honorio XII. & Theodoſio VIII. Auguſtis Conſulibus.

Whereupon Palladius in purſuance of this Law made this Edict.

Exemplar Edicti propoſiti a Palladio Praefecto Praetorio.

Junius Quartus Palladius, Monaxius & Agricola, iterum Praefecti Praetotorio, edixerunt.

In Pelagium atque Coeleſtium, Catholici dogmatis fidem ſcaevis tractatibus deſtruentes, ſententia principalis invalnit, vt venerabili Ʋrbe ſubmoti, bonorum concilio mulctarentur. Hoc igitur omnes admoneri oportet Edicto, ne quis ſiniſtrae perſuaſionis erroribus praeſtet aſſenſum. Et ſi ſit ille plebeius, ac clericus, qui in caliginis hujus obſcaena reciderit; â quocunque tractus ad Judicem, ſine accuſatricis diſcretione perſonae, facultatum publicatione nudains, irrevocabile patietur Exilium. Num ſuper…a Majeſt as, vt colligit ex ſecreti ignor atione reverentiam, it a ex incepta disputation… injuriam.

**Epiphanius contra Haereſ. l. 2. Tom, 1, Haer. 66. Nicephorus Calliſt. Eccl. Hiſt. l. 6. c, 31, 32.Manes the Heretick, a Perſian born, the firſt author of the Hereſie of the Manichees, about the fourth year of Aurelion the Emperor, grew to that madneſſe at laſt, as to ſtile himſelf Chriſt, and the holy Ghoſt: and choſe him twelve Diſciples, with whom he travelled over the Kingdom of Perſia: from whence being expelled as a manifeſt contemner of God: he was at laſt apprehended by command of the King of Perſia, and ſubjected to a Perſian puniſhment, having p. 40his skin flayed off his body, and then caſt unto the dogs naked, to be devoured of them: An end ſuitable to his damnable Hereſies and Blaſphemies: his skinne was afterwards ſtuffed with Reeds, and kept for a monument to deterr others.

hhEnagrius l, 4. c, 11. Cent, Mag. 6. col. 445.Juſtinian the Emperor condemned Severus by a promulged Law, and appointed moſt grievous Puniſhments for his Followers: The Emperor Juſtin cauſed the Arian Hereſie and Arians to be extirpated and gave their Churches to the Orthodox Chriſtians. And the Heretick **Jerom De Viris Illuſtri. bus.Priſcillian was ſlain by Maximus the Emperor.

iiTheodorus collect l. 2. Cent. Mag. 6. col. 445.Theodoricus Apher inflicted Capital puniſhment upon his Deacon, (who being Orthodox at firſt, Apoſtatized to the Arian Hereſie, hoping to gratifie his Lord), ſaying; If thou haſt not kept thy faith to God, how ſhalt thou keep a ſincere conſcience to man?

kkJoannes de Oppido Cent. Mag. 7. col. 237. Paulus. Diac. Rerum Rom. l. 18.Conſtantine the Nephew of Conſtantius ſeverely ſuppreſſed and puniſhed both the Clergy and Laity; Princes and Prelates infected with the Hereſie of the Acephali and Monothelites. And the whole Senate and City of Conſtantinople, about his time, baniſhed Pirrhus, a wicked and Hereticall Biſhop.

llSurius Concil Tom. 2. p. 676King Reccaredus and the third Council of Toledo in Spain, Decreed; that if any Clergyman violated the Decrees of that Council (which ſetled all the Churches belonging to the Arians upon the Orthodox, among other things) that he ſhould be excommunicated, if a Biſhop or a Clergy-man, by all the Council; if a Lay-man of any rank or quality, that he ſhould forfeit half his goods to the King: if a perſon of mean quality, that he ſhould forfeit all his goods and be baniſhed.

King mmSurius Concil tom. 3. p. 2. 9. Fridcricus Lindebrogus Codex Legum Antiq. p. 210.Eringius in his Edict for the confirmation of the thirteenth Council of Toledo, Enacted, That the enfringer of the Conſtitutions thereof ſhould be excommunicated, and likewiſe forfeit the tenth part of his goods; and if he had not goods ſufficient to pay his fine, then hee was to bee publickly whipt, and receive fifty ſtripes, and to bee ever after reputed infamous. In the nnFridericus Lindeb. Codex Legum Antiq. p. 210.Code of the Laws of the Wiſigothes, lib. 12. (collected and publiſhed in the firſt year of the reign of King Eringius) I find many Laws to ſuppreſs Judaiſm, the impiety of the Jews and their contempts againſt Chriſtian Religion, under divers Corporal & Capital Puniſhments beſides Confiſcation of their goods; and among other of theſe Laws, there is this capital one againſt ſuch Chriſtians as ſhal be circumciſed and apoſtatize to Judaiſm, Tit. 2. Lex. 17. De Judaizantibus Chriſtianis.

ooFrid. Lindeb. Codex Legum Antiq. p. 219, 220.Sicut deflendum eſt a Chriſtianis eorum ſcelus, qui in Chriſto praevaricatores exiſtunt: ita modis omnibus decernendum, ut nullus omnino veniam mereatur, qui a meliori propoſito ad deterius declinaſſe convincetur. Quia ergo crudelis eſt ſtupenda praeſumptio, crudeliori debet extirpari ſupplicio: ideo legis hujus edicto decernimus, ut quicunque Chriſtianus, & praeſertim à Chriſtianis parentibus ortus, ſexus ſcilicet utriuſque, circumciſionem vel quoſcunque ritus Judaicos exercuiſſe repertus eſt, vel (quod Deus avertat) potuerit ulterius reperire, conſpiratione & zelo Catholicorum, tam novis & atrocibus poenis afflictus, turpiſſima morte perimatur, quàm horrendum & execrabile malum eſt, quod ab eo conſtat nequiſſimé perpetratum. Eorum verò bona ſibi proculdubio p. 41fiſcus adſumat: ſi haeredes vel propinquos talium perſonarum facri hujus error conſentiendo commaculet. And Tit. 3. Lex. 4. ppFrid. Lindeb. p. 223.Si quis Judaeorum ritu ſuo Paſcha celebraverit, centenis verberatur flagellis, & turpiter decalvaetus Exilio diutino mancipetur, & ejus res fiſco adſociandae ſunt: Illis verò qui carnis circumciſiones in Judaeis vel Chriſtianis exercere praeſumpſerint, quiſquis haec aut intulerit alteri, aut fieri ab altero permiſerit ſibi; veretri ex toto amputatione plectetur, & res ejus fiſci juribus ſociandae ſunt. Mulieres tamen quae aut circumciſiones exercere praeſumpſerint, aut circumcidendos quiſque cuiliber circumciſori obtalerint; naribus abſciſſis, & rebus omnibus in principis poteſtate redactis, lugebunt facinus ſuae praeſumptionis: Simili quoque & illi poena plectendi ſunt, qui Chriſtianum vel Chriſtianam a fide demoverit Chriſti, vel ad titum Judaicae praevaricationis adduxerint.

And Tit. 2. DE OMNIUM HAERETICORUM atque JUDAEORUM cunctis Erroribus amputandis Lex. 2. There is this general Law againſt Hereticks, De omnium Haereſum Erroribus abdicandis, made in King Reccaredus his reign, puniſhing all Hereticks with loſs of their dignities, honors, goods, and perpetual baniſhment.

qqFridericus Lindeb. Codex Legum Antiq. p. 211, 212.Divinae virtutis aeternum conſilium, & in ultimorum ferie ſeculorum pietatis ejus revelatum arcanum, per retro-actorum dierum tempora omnem, ut cerminus, à cunctis noſtri regiminis finibus, & perfidiam diſſipavit errantium, & dogmatum abdicavit commenta pravorum: Veruntarnen ne dum noſtris conſiſtimus in diebus, tempus illud occurrat, de quo vas electionis olim protulit, dicens: Erit tempus, quo ſanam doctrinam non ſuſtinebunt: ſed ſecundum ſua diſideria coacervabunt ſibi Magiſtros prurientes aurihus, & a veritate quidem auditum avertent, ad fabulas autem convertentur. Convenit & ea quae in luce fidei manent, a tenebris contradictionum edicto legali defendere; & ea quae exori i obvia forſan error impulerit, geſtis legalibus propulſare. Nullus ita que cujuſllibet gentis aut generis homo, proprius & advena, proſelytus & indigena, externus & incola, contra ſacram & ſingulariter unam Catholicae veritatis fidem quaſcunque noxias diſputationes, eandem ſidem impugnans, palàm pertinaciter aut conſtanter vel proferat, vel proferre ſilenter attemptet. Nullus Evangelii decreta convellat: Nullus Apoſtolica inſtituta decerpat: Nullus antiquorum patrum impugnationibus ſuis ſacras definitiones irrumpat: Nullus modernorum diſcernentium congruentes fidei tractus ſpernat: Nullus contra omne ſanctum dictum & factum, vel verae fidei ſacramentum, aut cogitationes ruminet cordis, aut verba patuli proferat oris: Non in contradictione controverſiam perfidus excitet pervicacis, non improbitatis contentione litem ſtatuat adverſantis. Nam quaecunque perſona ex his in cunctis iſtis vetitis extiterit deprehenſa, ſi quidem ex quacunque religionis poteſtate vel ordine fuerit, amiſſo loci & dignitatis honore, perpetuo reatui erit obnoxius, rerum etiam cunctar…m amiſſione multatus. Si vero ex laicis extiterit, & honore ſolutus & loco, omni rerum erit poſſeſſione nudatus, ita vt omnis tranſgreſſor ſanctionis istius, aut eterno Exilio mancipatus intereat, aut divina miſeratione respectus, á praevaricatione convertatur, & vivat.

p. 42rrRode…ici Santii Hiſt. Hiſpaniae l, 3. c. 3. The general Hiſtory of Spain in his life, Cent, Mag, 8. Col. 519.Alfonſo the firſt, King of Spain▪ about the year of our Lord, 710. by his ſevere Laws, extirpated the Arian Hereſie out of Spain and the Weſt, as the Emperor Conſtantine rooted it out of the Eaſt, and the Emperor▪ Gratian out of Italy; Whence hee was ſtiled (and his ſucceſſors after him) the Catholike King.

ſſFrid, Lindebrogus Codex Legum Antiq, p. 959.The Emperors Charles the great, and Lewes, Capit. lib. 5. Tit. 183. and l. 6. Tit. 65. Enacted, That no man ſuſpected of Hereſy, ſhould be a firme witneſſe; that thoſe who were Hereticks ought not to be admitted to be witneſſes: And that none ſhould receive a Benediction from an Heretick.

ttPaulus Diac. Rer. Rom. l. 24. Cent, Mag, 9. Col. 342.Michael the Emperor puniſhed the Manichees and other Hereticks in his time, with baniſhment and capital puniſhments.

**Annalium Tom. 3. in his life, f. 179.Zonaras records, that the Emperor Alexius Comnenus, cauſed Baſilius the chief Doctor and Apostle of the Sect of the Bogomilli, after he had publikely vomited out the poyſon of his peſtilent Hereſy, TO BE PUBLIKELY BURNT in the Theater, by common conſent; about the year of our Lord, 1212.

About the ſame time the**Lucas Tudenſis adverſ, Albigenſ. Errores l. 3. 15. 21, 22. Antoninus Hiſt Pars 3. Tit, 1… c, 1, ſect, 4, f, 26. Jacob… Gretſeri Prologom. in Scriptores contr. Sectam Waldenſium Bibl, Patr, Tom, 13, P, 290, 291. Reynerus cont. Waldenſes c, 11, 12. Pope and Popiſh Prelates cauſed divers of the Albigenſes to be apprehended and burnt as Hereticks; and not content therewith raiſed up a bloody war againſt them, wherein their Friar Saint Dominick was a great ſtickler; and Simon Montefort Generall of the Army: who taking the Town Minerbra by force, and divers of the Albigenſes Priſoners in it, commanded on hundred and eighty of them, who obſtinately refuſed to abjure their [pretended] Hereſy, TO BE BURNED, which was accordingly executed: as Antoninus records. After which time the burning of Hereticks grew common in moſt places.

uuHerman contractus in Chr, Cent, Mag, 11 col, 393.Henry the third celebrating Chriſts Nativity at Goſla…ia, by the generall conſent of all there preſent, commanded ſome Manichees, (who condemned the eating of all living creatures) to be hanged upon a gibbet, leſt this ſcab of their Hereſy spreading farther ſhould infect and murther more.

**Super Cantica Serm, 66.Saint Bernard Abbot of Clareval records, that certain Hereticks in his time (about the year of our Lord 1130.) who denyed the lawfulneſſe of Mariage, and Baptiſm▪ of Infants, among other things; being Ruſticani homines & Idiotae, & prorſus contemptibiles (as our Anabaptiſts and Sectaries generally now are) were ſo obſtinate in their Errors: that Mori magis eligunt quàm converti: whence the common people after their errors were detected and publickly maintained by them, ran upon them and ſlew them: which he thus expreſſeth: Itaque irruens in eos populus, novos haereticis ſuae ipſorum perfidiae martyres dedit. APPROBAMUSZELUM, ſed factum▪ non ſuademus; quia fides ſuadenda eſt, non imponenda: Quanquam melius proculdubio; GLADIO COHERCERENTUR, illius videlicet, **Rom, 13.qui non ſine cauſa gladium portat, quum in ſuum errorem multos trajicere permi…tantur: Dei enim Miniſter ille eſt, Vindex in iram ei qui malè agit. Wherein he aſſerts the lawfulneſſe of the Civil Magiſtrates reſtraining and cutting off obſtinate Hereticks with the Sword.

xxVincent. ſpec, Hiſt, l, 29, c, 26. Cent, Mag, 12, col, 853.In the year of our Lord 1183. there were many Hereticks burnt in …anders by Philip Earl of Flanders, and Guilerne Archbiſhop of Rheemes: And p. 43then the Writ De Haeretico comburendo began to be in uſe in moſt Chriſtian Realms, by Popes and Popiſh Prelates, which the Prelates generally abuſed afterwards, by condemning and burning the true Saints of God for defending the truth againſt their Antichriſtian Errors, as Mr Fox his Acts and Monuments, and the French Book of Martyrs evidence.

The Emperor yyConſtit. Sicularum l, 1, Tit, 1, 2, 3, apud Frid. Lindebrogum Codex Legum Antiq. p. 700, 701, 702Fridercick the ſecond, made theſe Laws againſt Hereticks, their receivers, and Apoſtates; condemning Hereticks to be burnt, and their goods to be confiſcate.

Inconſutilem tunicam Dei noſtri diſſuere conantur Haeretici, & vocabuli vitio ſervientes, quod ſignificationem diviſionis enuntiat, & ipſius indiviſibilis fidei unitati conantur inducere ſectionem, & oves a Petri cuſtodia, cui paſcendae à Paſtore bono ſunt creditae, ſegregare. Hi ſunt lupi rapaces intrinſecus, & eo uſque manſuetudinem ovium pratendentes, quouſque poſſint ovile ſubintrare dominicum. Hi ſunt angeli peſſimi. Hi ſunt filij pravitatum, a patre nequitiae, & fraudis autore ad decipiendas ſimplices animas deſtinati. Hi ſunt colubri, qui columbas decipiunt. Hi ſunt ſerpentes qui latenter videntur inſerpere, & ſub mellis dulcedine virus evomunt, vt dum vitae cibum miniſtrare ſe ſimulant, cauda feriunt, & mortis poculum, velut quoddam duriſſimum acoritum immiſcent. Horum ſectae veteribus legibus, ne in publicum prodeant, non ſunt notatae nominibus, vel quod eſt forte nefandius, non contentae, vt vel ab Arrio Arriani, vel a Neſtorio Neſtoriani, aut a ſimilibus ſimiles nuncupentur: ſed in exemplum Martyrum, qui pro fide Catholica, martyria ſubierunt, Patarenos ſe nominant, velut expoſitos paſſioni hujuſmodi. Miſeri Patareni, à quibus abeſt ſancta credulitas Trinitatis aeternae; ſub uno contextu nequitiae in ſimul tres offendunt, deum videlicet, & proximos, & ſeipſos. Deum, cum Dei filium & fidem non agnoſcunt, decipiunt; proximos, dum ipſis ſub ſpecie ſpiritualis alimoniae, haereticae pravitatis oblectamenta miniſtrant. Crudelius etiam ſaeviunt in ſeipſos, dum praeter animarum diſpendium, corpora denique ſaevae mortis illecebris, quam pet agnitionem veram verae fidei poſſint evadere, vitae prodigi, et necis improvidi, ſectatores involvunt, & quod eſt ipſo dicto duriſſimum, ſuperſtites etiam non terrentur exemplo. Contra tales itaque deo & hominibus ſic infeſtos, continere non poſſumus motus noſtros, quin debitae ultionis in eos gladium exeramus, et tanto ipſosperſequamur inſtantius quanto in evidentiorem injuriam fidei Chriſtianae, prope Romanam Eccleſiam, quae caput aliarum Eccleſiarum omnium judicatur, ſuperſtitionis ſuae ſcelera latius exercere noſcuntur; adeo quod ab Italiae finibus praeſertim á partibus Longobardiae, in quibus pro certo perpendimus ipſorum nequitiam amplius abundare, jam uſque ad Regnum noſtrum Siciliae ſuae perfidiae riv…los derivarunt. Quod acerbiſſimum reputantes, ſtatuimus in primis, vt crimen Haereſeos damnatae ſectae, cujuſlibet quocunque nomine cenſeantur ſectatores, prout veteribus legibus eſt diſtinctum inter caetera publica crimina numeretur: imo crimine laeſae Majeſtatis noſtrae debet ab omnibus horribilius judicari, quod in divinae Majestatis injuriam dignoſcitur attentatum, quamquam judicii poteſtate, alter alterum non excedat. Nam ſicuti perduellionis crimen perſonas adimit damnatorum, & bona, & damnat poſt obitum etiam memoriam defunctorum: ſic & in praedicto crimine, quo Patareni vocantur, per omnia volumus obſervari vt ipſorum nequitia, quia deum non ſequuntur, p. 44ac in tenebris ambulant, detegatur. Nemine etiam deferente diligenter inveſtigari volumus hujuſmodi ſcelerum patratores, & per officiales noſtros, ſicut & alios malefactores inquiri ac inquiſitione notatos, etiam ſi levis ſuſpitionis argumenta tangantur a viris Eccleſiaſticis & Praelatis examinari jubemus; per quos ſi evidenter inventi fuerint à fide Catholica ſaltem in uno articulo deviare, ac per ipſos paſtorali more commoniti, tenebroſis diaboli relictis inſidiis, noluerint agnoſcere Deum lucis, ſed in erroris concepti conſtantia perſeverent, praeſentis noſtrae legis edicto damnatos, mortem pati Patarenos decernimus, Nota.quam affectant: vt vivi in conspectu populi comburantur, flammarum commiſſi judicio. Nec dolemus, quod in hoc ipſorum ſatisfaciamus voluntati, ex quo poenam ſolummodo, nec fructum aliquem alium conſequuntur erroris: Apud nos pro talibus nullus intervenire praeſumat: quod ſi fecerir, in ipſum noſtrae indignationis aculeos non immerito convertemus.

Patarenorum receptatores, credentes & complices & quocunque modo fautores, qui ut a paena poſſint alios eximire, de ſe velut improvidi non formidant, publicatis bonis omnibus, relegandos in perpetuum eſſe cenſemus. Et ipſorum filii ad honores aliquos nullatenus aſſumantur, ſed infamiae perpetuae nota laborent: vt nec in teſtes, nec in cauſis, quibus repelluntur infames, aliquatenus admittantur. Si tamen aliquis de filiis receptatorum vel fautorum detexerit aliquem Patarenum, de cujus hujuſmodi manifeſté probetu perfidia, in fidei praemium, quam agnovit famae priſtinae de Imperali clementia, reſtitutionis in integrum benificium conſequatur.

Apoſtatantes a fide Catholica penitus execramu…, inſequimur ultione, bonis omnibus spoliamus, & a profeſſione, vel voto naufragantes legibus coarceamus, ſucceſſione tollimus, & omne jus legitimum abdicamus.

The zzPauli Geſcbinii Majeſtas Carolina; Rub l. 2, 3, 4, 5. p. 3, 4.Emperor Charls the fourth, King of Bohemia, made the like Laws almoſt in terminis for the burning of Hereticks, and baniſhing their receivers out of the Kingdom of Bohemia; differing from them in theſe few expreſſions: Quod in religionem divinam committitur in omnium fertur injuriam. Quid enim poteſt ab hominibus gravius existimari quam divinae potentiae copioſam clementiam in proprio filio humano generi attributam, miſerorum latrantium dentibus percipi lacerari? &c. Praeſentis noſtrae ſanctionis edicto, damnatos, mortem pati HAERETICOS decernimus quam affectant, ƲTVIVI IN CONSPECTƲ POPƲLI COMBƲRANTƲR, flammarum commiſſi judicio, qui ſacris flaminis lumen agnoſcere, & Patris aeterni perennem gloriam quaerere unigenitique Filii paſſionem; redemptionem humani generis credere denegarunt. Dementes, atque veſani, Catholicae ſidei ſacro dogmati repugnantes praeter divinae vltionis aeterna ſupplicia infames facti, Maiestatis noſtrae indignationem multiferam ſe noverint incurriſſe.

Omnis ſectae Haereticos a quoquam iuxtalimites Regni nostri Boemiae in domibus aut agris, aut aliter quoquo modo indifferenter receptari prohibemus omnino: Receptatores vero ſi qui fuerint, ſcienter, aut credentes, aut complices, aut alias quocunque modo conſentientes eis, ſive fautores; bonis eorum omnibus confiſcatis, relegandos a Regno praedicto in perpetuum cenſemus.

p. 45To theſe I could add ſundry other Laws and Edicts made by the whole Kingdom of Bohemia, and Senate of Prague, for the Impriſonment, Baniſhment, Puniſhment with the loſs of goods, of life, and burning the Books, perſons of Hereticks, and Blaſphemers, with their proceedings accordingly upon theſe Laws under the raign of King Lodovicus about the year of our Lord, 1523. and afterwards, recorded at large by Georgius Bartholdus Pontanus, in his Bohemiae Piae. lib. 7. throughout; as likewiſe the Laws of ſundry other Popiſh Kings and States againſt ſuch they eſteemed Hereticks, though in verity profeſſors of the Orthodox Truth; but becauſe theſe Laws were made by Papiſts and the bloody execution of them by impriſoning, tormenting, baniſhing, burning, deſtroying of many godly Chriſtians, under the name of Hereticks, is at large recorded in Mr Fox his Acts & Monuments, and the French book of Martyrs; I ſhal wholy pretermit them, and proceed to ſome Preſidents of Proteſtant Stares in forraign parts.

aaAr…tius Valentini Gentilis hiſtotia, at the end of his Problemata Theolog. p. 569. to 586.Valentinus Geutiles born in Campania, for his execrable Blaſphemies, violent expreſſions, and damnable Hereſies againſt the Trinity and Chriſts Divinity, was firſt impriſoned by the Magiſtrates of Geneva, and upon his Recantation releaſed: Afterwards coming to Berne, and there broaching the Errors and Blaſphemies formerly abjured by him at Geneva, he was impriſoned by the Magiſtrates, An. Dom. 1556. After which his Blaſphemous and Hereticall Books were peruſed by the Senate of Bernes appointment, and Articles drawn out of them againſt him; to which he was put to anſwer: After many conſerences and diſputations, he continuing obſtinately in his Hereſies from the 5. of Auguſt to the 9. of September, he was then condemned to death by the Senate, to prevent diſſentions, and exterminate ſuch horrid Errors, Blaſphernies, and thereupon beheaded; and ſo by Gods juſt Judgement at once ceaſed both to blaſpheme and live.

The Heretical, Schiſmatical, and Seditious Anabaptiſts and Dippers, (who now ſwarm every where among us, yea, dare boaſt publickly in bbSee a Confeſſion of faith of 7. of the churches of Chriſt in London. Mr Edwards Gangraenaes 1 2. & 3. Part.Print of their multitudes and numerous congregations, publiſhing their Confeſſions in Print and tendring them openly to the Parliament,) have been impriſoned, baniſhed, nay corporally and capitally puniſhed in former times in ſundry places, as a moſt dangerous unſufferable Sect, as theſe Preſidents demonſtrate.

ccEpiſt. Zuin. & Occolampedii, l. 2, f, 84,The Proteſtant Senate of Zuricke made a Decree againſt the Anabaptiſts after they had been dealt withall by ten publick and private Diſputations, and continued obſtinate, that whoſoever dipped any a new, who had been formerly baptized; he ſhould himſelf be dipped and drowned in the waters, for this offence. A fit puniſhment for our new luſtful Dippers.

In the ddGeneral Hiſtory of the Netherlands l. 6. p. 159.year of our Lord 1531. Certain Anabaptiſts coming out of Germany into the Netherlands to Amſterdam, the Proctor General of the Hague cauſed nine of them to be apprehended, who afterwards by Sentence given againſt them loſt their heads.

eeDavidis Chytraei Chron. Saxoniae l. 12. p. 363, 364.An. Dom. 1528. The Anabaptiſts creeping into Embden in Friſia, and there encreaſing and lifting up their heads, Melchior Hoffman being their Teacher▪ proceeded ſo far as to profeſſe their Anabaptiſm in a publick place; whereupon the Magiſtrates baniſhed Melchior and ſome of his followers.

p. 46ffChytraei Chro. l. 13. p. 403. l. 14. p. 413, 414.An. Dom. 1533. The Senate of Breme commanded all Anabaptiſts and prophaners of the Sacraments to be baniſhed the City by a publick Decree, which they preſumptuouſly contemned. The Senate of Oſnaburge did the like, An. 1543.

ggChytraei Chr. l. 14. p. 411, 412, 413, &c. Sleidan Com. l. 510. Pontan. Catal. Haereticorum. Mr Bayly his Ana. baptiſm c. 2, 3, 4, 5.An. Dom. 1534. The Tragedy of the Anabaptiſts began at Munster, which gave occaſion to all the Cities of Saxony to make publick Laws againſt the Anabaptiſts, and to appoint certain Senators to take care that no Anabaptiſts or perſons infected with fanatical opinions of the like kind, ſhould privily creep into their City: and if any did, that they ſhould preſently be ſent away and baniſhed. And good reaſon: for theſe Munster Anabaptiſts putting themſelves ſodainly into arms, ſeiſed and fortified the Market-place; and breaking their faith with the Prince, Townſmen, and Country-people, who came againſt them, as ſoon as they retired home and laid up their arms, they preſently demanded and received the keys of the City-gates: which done, they domineer over the City at their pleaſure, baniſh all good and honeſt Citizens that were not of their faction out of the City, ſeiſe upon all their goods, fortifie the City (fearing a ſiege) and call it the New Jeruſalem; they deſie the Churches, prophane all ſacred things, caſt out the Conſuls and Senators, and ſet up moſt wicked wretches of their own in their places; and ſoon after removing them likewiſe, they choſe twelve Judges for emergent cauſes whom they called Elders in Iſrael, to whom the power of all things was committed: After which they changed the forme of Government into a Monarchy, John Beakly of Leyden a crafty companion making himſelf their King, and Knipper Dolling his Vicar: which done, he invades and ſeiſes on all the wealth of the City, introduceth polygany and defends it: coyns gold and ſilver money, ſends forth preaching Emiſſaries nto divers parts of the world to propagate his ſect, who were all ſlain. At laſt fearing the City would be betrayed, he created twelve Captains between whom he divided all the Biſhopricks and Principalities of Germany before they were, ained, and made them keepers of the City gates. At laſt the City being beſieged, they were driven to that extremity, that all their proviſions being ſpent they did eat doggs, cats, rats, froggs, mice, yea thoſe things which human nature abhorrs, and their own children, ſo as many dyed of famine. After a long ſiege the City being entred and taken on Saint John Baptiſt day An. Dom. 1535. all the Anabaptiſts beſides women and children were ſlain without diſtinction: The heads of this their faction, Bernard, Knippor Dolling, Bernard Br…chiting, and John of Leyden himſelf with his royal Enſignes, Crown, Scepter, Spurs, Rings, and golden chains are all taken. Bernard Rothman the Author and Ringleader of this Sect was ſlain and cut in pieces with a pollax: The Anabaptiſts goods were all confiſcate and ſold, to recompence the dammages they had done. John of Leyden, their King, Knipper Dolling, and Bernard Creehcing, the heads of the Sedition, were brought to a Scaffold in the midſt of the Market-place, and there in the ſight of the people had their fleſh torn from them with hot pinchers for an hours ſpace or more, and then ſtabbed and run through with ſwords, and their carcaſſes put into new cages, and hanged upon the top of Saint Lamberts ſteepl…, the King according to his royal dignity, hanging higher then the Conſul and the Prophet. p. 47After which 150000. of this ſeditious and pernicious Sect were ſlain through Germany, Alſatia, and Stiria, and rebaptized in their own blood by the juſt hand of divine vengeance executed by men, as Gods inſtruments. **Hiſtor. de morte Serveti.Servetus an Anabaptiſt, and an Arian, as an Arian, received the ſentence of death at Geneva; Phifer at Mulhus: Thomas Muncer was put to the rack by George Duke of Saxony and the Lantgrave of Heſſe, where he roared moſt fearfully, and in the end had his head cut off, and put upon an high pole in the field. Three hundred Anabaptiſts that rifled the Monaſtery of Bilſund in Frizland, were all but ſixty two that fled, either killed in the ruines of the Monaſtery, or put to death by the hangman. Into what moſt execrable practiſes, cruelties, outrages, Tyrannies, Murders, impious and deteſtable opinions, Hereſies, Blaſphemies of all ſorts, theſe Anabapciſtical Sectaries out of a pretended Zeal and Separation fell into by Gods juſt Judgement for their Schiſm, Hypocriſy, and Spirituall pride, and what diſmal ends the Ringleaders of them came unto by the hand of publick Juſtice, their followers and all others may read at large in Chytraeus Chron. Saxoniae l. 12. 14. Sleidans Comment. l. 5. 10. Joan. Witlingius, de Anabaptiſtis: Bullinger adverſ. Anabaptiſtas: Guide Bres, Contre les Anabaptiſtes: Jo. Gaſtius de Exordio Anabaptiſtarum, &c. Pontanus; Catalogus Haereticorum: Doctor Daniel Featly his Dippers Dipt: Maſter Robert Bayly his Anabaptiſm, &c. and his Diſſwaſive from the Errors of the times: Mr Edwards his Gangraenaes: Spanhemius Diatribe Hiſtorica, De Origine Progreſſu, Sectis &c. Anabaptiſtar: Joannes Aſſuerius Ampſingius, Diſputationes adverſ. Anabaptiſtar: Hartmannus Springelius, de Hodiernis Haereſibus & Haereticis: Conradus Shireſſime Vergent, Haereticorum Catalogus. Conradi Haeresbachii: Hiſtoria Anabaptiſtica: Una cum Notis Theodori Strackii, & Lamberti Hortenſii: Cloppenburgii Gangraena Anabaptiſtica. Nicholaus Bleſdikius Hiſtoria Davidis Georgij: with others who have written of and againſt the Anabaptiſts; the ignorance of whoſe abominable Errors, Diſpoſitions, Blaſphemies, Seditions, Hereſies, Vices, and their late impunity, is the only cauſe of their dangerous increaſe. Theodoret. Eccleſ. Hiſt. lib. 5. cap. 7. Muſtering up the names of the Ringleaders of the Arian Haereſy, and the Seedſmen who ſowed its tares in the Eaſtern parts, and then watred and foſtred them: adds this as the main reaſon of this Hereſies dangerous growth: His malis Agricolis ſubſidio fuit CUM NIMIA CONSTANTIJ FACILITAS, tùm improba Valentis nequitia: I pray God, the overmuch connivance and indulgence of moſt, and underhand countenanceing of ſome in Authority of the Ringleaders of this dangerous faction do not nouriſh ſuch a venomous Cockatrice in our boſome as may ſting our Church, State, Parliament, Magiſtracy, and Miniſtry to death ere long; and may yet be cruſhed (though not in the ſhel) by ſpeedy and juſt ſeverity; as it was in former times, not only in Germany and other forraign parts, but even in ENGLAND; ſome of this Sect of Anabaptiſts being burned in hhFox Acts & Monuments vol. 2.Henry the eighth and iiHollinſhed & Stow An. 17. & 2. Eliz.Queen Elizabeths Reign, and the reſt baniſhed; of which more anon. Theſe ſevere proſecutions againſt them heretofore, and many other of like nature ſince, even by Proteſtant Princes, Magiſtrates, ſhews how dangerous this Sect is now, and may make all wary how they revolt unto them.

p. 48To paſſe from theſe and come ſomewhat nearer home: I find among the Statutes of Scotland ſundry Acts made againſt Idolatry, Popiſh Maſſes, Apoſtacy, Seminary Prieſts, Jeſuites, and Noncommunicants, puniſhing them with pecuniary and other corporal, and capital puniſhments, and with baniſhment, as James 8. Parl ament 1. c. 2, 3. 5. Parl. 3. c. 1. 45, 46. 53. Parl. 7. c. 106. Phrl. 10. c. 24. 27. Parl. 12. c. 120. Parl. 13. c. 60. Parl. 14. c. 193. Parl. 16. c. 17, 18. Parl. 19. c. 1. and the 2. Parliament of King Charls, Seſſion. 1. Act. 4. which you may find in Regiam Maieſtatem, and their Statutes at large: Their recital I omit for brevity ſake; having more largely inſiſted upon them in my Truth triumphing over Falſhood, Antiquity over Novelty: Wherein I have fully vindicated the Parliaments Legiſlative Power in all Eccleſiaſtical matters, by Preſidents in all ages both forraign and domeſtick; to which I ſhal refer the Reader for full ſatisfaction in that particular Controverſy, there copiouſly debated; and therefore ſhall not here inſiſt upon it.

I now proceed to Domeſtick Preſidents, & Laws of our own, which are very full to the point in queſtion: in which I ſhal be a little more copious for the informing and ſatisfying others of my Profeſſion, and the encouraging of them to put the very ancient Common Law of England in execution for the future againſt Hereticks, Apoſtates, Blaſphemers, Anabaptiſts, and other obſtinate Separatiſts.

I ſhal for my more methodical proceeding herein, in an hiſtorical manner begin with the firſt proceedings and puniſhments againſt Hereticks in this our own I ſland, long before Popery crept in upon it; and then proceed to Laws and Puniſhments in ſucceeding times as well under our Popiſh as Proteſtant Princes: And ſhal likewiſe clear it to every mans judgement; That Hereſie, Apoſtacy, Blaſphemy, and Schiſm, as they are Criminall and Capitall, are properly tryable onelyonly by way of Inditement at the Common Law in the Kings temporal Courts; before his Temporal Iudges; not in Biſhops Conſiſtories, (who uſurped the ſole Iuriſdiction and Cognizance of Hereſie by degrees at laſt, whereas they were only conſulted with by godly Princes by way of advice, counſell, or aſſiſtance, at firſt; to help inform their conſciences and judgments, what ought to be reputed Hereſy, or Blaſphemy; and that uſually in general or National Councels); and that thoſe who are guilty of theſe may as legally be tryed before our Iudges now, as Seminary Prieſts and Ieſuits, againſt whom the Convocation & Biſhops in their Conſiſtories never as yet Criminally proceeded, as they did formerly againſt Heretiques; but only the Common Law Courts, which both convict, arraign, condemn, and execute them too, as ſuch.

p. 49How Heretickes have been heretofore and may now be proceeded againſt in our own Realme, I ſhall give you a breife Account.

The firſt Hereſie I read of that infected and infeſted this our Iſland was the aaGildas. Beda Eccleſ. hiſt. l. 1. c. 8. Vſſerius de Brit. Eccl. Primordiis. p. 19… 198. H. Spelm. Concil. Tom. 1. p. 38, 39.Arrian, quae, corrupto orbe toto, hanc etiam inſulam, extra orbem tàm longè remotam, veneno ſui infecit erroris: Et hac quaſi via peſtilentiae trans Oceanum patefacta, non mora, omnis ſe lues Haereſcos cujuſque, Inſulae NOVI SEMPER ALIQVID AVDIRE GAVDENTI, ET NIHIL CERTI FIRMITER OBTINENTI, infudit, writes our venerable bbEccleſ. Hiſt. l. 1. c. 8.Beda. This Haereſie ſprung up in the time of Conſtantine the Great, (who was crowned Emperour▪ in Britain,) and was condemned in the Councell of Nice: And it, together with the Hereſies of Novatian, Valentinian, Paulus, the Marcioniſts, Cataphrygians and others which crept in with it, were puniſhed by this ccEuſebius de vita Conſtant▪ in l. 3. c. 71, 72, 73, 74.Emperor Constantine with BANISHMENT, and by his Edict all their meeting…were ſuppreſſed, and the places wherein they met, confiſcated: after which ddCambdens Brit. p. 81.the Arrians in Britain were removed from their ſtations by the Emperour Conſtantine.

The next Hereſie (which grew up at home among us) was that of eeBeda Eccleſ. hiſt. l. 1. c. 10. Balaeus Cent. 1 c. 38. Centur. Magd. 5. c. 9. col. 847, 849. B. Vsher de Britan. Eccleſ. primordiis. cap. 9. Spelman Concil. p. 46, 47. Mat. Weſt. An. 404Pelagus (alias Morgan) a Britton, Abbot of Bangor, in the reign of Arcadius and Honorius; which ſpreading it's poyſon far and neare; Honorius and Theodoſius the Emperors by their Edict, commanded Pelagius and Celeſtius his companion, to be apprehended where ever they ſhould be found by any man whatſoever, and to be accuſed and brought to publick audience by any, and by publick ſentences to be condemned to INEXORABLE BANISHMENT, to preſerve others from infection: And our learned ffCent. 1. c. 38.Bale out of Walden, affirms, that Pelagius was BANISHED this Iſland by his Britons for his Hereſy and hereticall Bookes.

This ggBeda Eccleſ. Hiſt. l. 1. c. 17, 18. Mat. Weſt. An. 446. Uſſerius de Brit. Eccleſ Primordiis. c. 11. Spelm Concil. p. 48, 49.Hereſy of his reviving again in Britain, there was a Synod aſſembled at Verolam Anno 446. whereunto a multitude of men and women reſorted; where Germanus and Lupus (two French Biſhops) ſo refuted Agricola and his confederates, that they ſilenced them quite. Whereupon the people could hardly hold their hands from pulling them in pieces: Et poſt diem illum, it a ex animis omnium praeſtigioſa illa ſuperstitio deleta eſt, vt ſacerdotum & ipſorum orthodoxorum Doctrinam, ſitientibus deſiderijs amplexerentur. After which this hhBeda Eccleſ. …iſt. l. 1. c. 21. Mat. Weſt. An. 449. Uſſerius & Spelman quâ ſupra.hereſie ſprouting up again in the year 449. Germanus and Severus coming hither out of France to ſuppreſſe it, there was another Councell aſſembled, wherein the Authors of this revived hereſy were inquired after, and being found, were condemned and BANISHED the Iſland by the generall ſentence of all. Omniumque ſententia pravitatis auctores qui erant EXPVLSI INSVLA, ſacerdotibus adducuntur ad medeterranea deferendi, ut & regio abſolutione, & illi EMENDATIONE fruerentur: factumque eſt ut in illis locis multo ex eo tempore fides INTE MERATA PERDVRARET. This was the happy iſſue of theſe Hereticks baniſhment, that religion from that time continued uncorrupted, and this Iſland was thereby freed from the Pelagian hereſie for many ages after.

Anno Dom. 630. iiBeda l. 4. c. 17. Huntingdon. hiſt l. 4. Spelm. Concil …om. 1. p. 168. to 172. Antiq. Eccleſ. Brit. p. 15▪ 16▪Theodor Archbiſhop of Canterbury being a Graecian borne, hearing that the Church of Conſtantinople was very much troubled with the haereſy of Eutiches, to preſerve the Churches of England free from that infection, aſſembled a Councel at HEDTFELD, of many Prieſts and learned men, wherein they made a Confeſſion of their Faith concerning the Trinity p. 50and Ʋnity, and declared their aſſents to the generall Councels of Nice, Conſtantinople the firſt and ſecond, Epheſus, Calcedon, and of Rome under Martin; whereby he prevented the hereſies condemned by them from ſpringing up in this Iſle. A good effect of this Synodall Aſſembly.

kkRerum Anglic. l. 2. c. 13.Gulielmus Nubrigenſis records, that in the reign of King Henry the 2. (about the year of our Lord 1161.) certain erroneous perſons, commonly called Publicanes, came into England. Theſe having their originall heretofore out of Gaſcoygne from an uncertain Author, infuſed the poyſon of their miſbeliefes into divers Countries; for in the moſt ample Provinces of France, Spain, Italy and Germany, ſo many were ſaid to be infected with this peſtilence, that they ſeem'd to be multiplied more then the ſand on the Sea-ſhore in multitude. Finally, whileſt the Prelates of Churches, and the Princes of Provinces proceeded more REMISLY againſt them, the moſt wicked foxes creep forth Note.out of their dens, and by ſeducing the ſimple with a pretended ſhow of piety, demoliſh the vineyard of the Lord of Hoſts, TANTO GRAVIUS QVANTO LIBERIUS, ſo much the more grievouſly by how much the more freely: but when as the zeale of the faithfull is kindled againſt them with the fire of God, they lye hid in their Dens, and are leſſe hurtfull, but yet they ceaſe not to hurt by ſcattering their hidden poyſon. They were ruſticall and illiterate men, and therefore dull to reaſon; but having once drunke down that poyſon, they were ſo infected, that they grew ſtiffe againſt all diſcipline; whence it very rarely happens that any one of them, when being diſcovered they are drawn out of their dens, is converted to piety. Verily England alwaies continued free from this and Note.all other haereticall plagues, when as ſo many hereſies ſprung up in other parts of the world. And truly this Iſland whiles it was called Britaine from the Britons who inhabited it, baniſhed out of it Pelagius, who became an Arch-heretick in the Eaſt, and in proces of time admitted his error into it ſelfe; for the deſtruction whereof the pious proviſion of the French Church▪ directed St. Germane once and again hither. But ſince the Engliſh Nation, the Britons being expelled, poſſeſſed this Iſland, ſo as it was no more called Britannia, but England, the poyſon of no hereticall plagues hath ſprung out of it, nor yet ſo much Note.as entred into it, ſo as to propagate and ſpread it ſelfe, untill the time of King Henry the 2. Then alſo by Gods mercy, the plague which had there crept in was ſo withſtood, that from thenceforth they feare to enter into it. Now there were little more then thirty both men and women, who diſſembling their error, came in hither as it were peaceably, for to propagate ther plague, one Gerard being their Captain, upon whom they all looked as their Teacher and Prince; for he alone was ſomewhat learned, but the reſt were without learning and ideots, meer impoliſhed and ruſtick men, of the Teutonic Nation and language. Abiding ſome little ſpace in England they gathered to their congregation only one little girle, circumvented with their poyſonous whiſperings, & bewitched (as was ſaid) with certain enchantments. But they could not long lye hid, for ſome curiouſly diſcovering, that they were of a ſtrange ſect, they were thereupon apprehended and kept in the publike priſon. But the King notNote. willing either to releaſe them or condemne them without examination, commanded a Councill of Biſhops to be aſſembled at Oxford; Whereupon they were p. 51ſolemnly convented concerning Religion: He who ſeemed to be learned taking upon him the cauſe of all, and ſpeaking for all, anſwered, that they were Chriſtians and embraced the Apoſtles Doctrines. Being interrogated in order concerning the Articles of holy faith, truly they anſwered rightly concerning the ſubſtance of the Supernall Phyſitian, but ſpake perverſe things concerning his remedies, whereby he vouchſafes to heal humane infirmity, to wit, of the divine Sacraments, deteſting holy Baptiſme, the Euchariſt and Mariage, and derogating from THE CATHOLIKE UNITY in a nefarious bold manner, which thoſe divine helpes do make up. Being admoniſhed to repent, and TO UNITE THEMSELVES TO THE BODY OF THE CHURCH, they contemned all wholeſome counſell: Threats alſo, that they might repent even for fear, they derided, abuſing that ſaying of the Lord; Bleſſed are they who ſuffer porſecution for righteouſneſſe ſake, for theirs is the Kingdome of Heaven. Then the Biſhops taking care that their haereticall poyſon ſhould ſpread no further, pronouncing them publikely to be heretickes, & corporali diſciplinae ſubdendos Catholico Principi tradidêrunt, delivered them over to the Catholike Prince to be puniſhed with corporall puniſhment: Who commanded an hereticall character to be branded on their foreheads, and being publikely whipped in the ſight of Note.the people, to be expelled the City; ſtrictly charging, that no man ſhould preſume either to lodge them in his houſe, or give them any ſolace. The ſentence being pronounced, they were led to the MOST JVST PUNISHMENT, rejoycing; not with a ſlow pace, their Maſter going before and ſinging; Bleſed ſhall ye be when men ſhall hate you: ſo much did the ſeducers then abuſe the minds deceived by him: Truly that girle they had deceived in England, departing Note.from them for fear of puniſhment, confeſſing her error, obtained reconciliation: but that deteſtable Colledge with cauterized foreheads was ſubjected to JUST SEVERITY; he who was the chiefe among them, for the honor of his Maſterſlip, ſuffring the infamy of A DOUBLE BRANDING, to wit IN THE FOREHEAD & ABOVT THE CHIN: and their cloathes being cut off unto the girdle, they WERE PUPLIKELY WHIPPED and caſt out of the City with reſounding ſtripes, and miſerably periſhed with the intolerableneſſe of the cold (for it was Winter,) no man ſhowing them ſo much as the leaſt pitty. The PIOVS RIGOR OF THIS SEVERITY not onlyNote. PURGED the Kingdome of England of that Plague which had already crept into it, BVT ALSO PREVENTED, THAT IT SHOULD NO MORE CREEP INTO IT, BY THE TERROR STRUCK INTO THE HERETIKES. So our Nubrigenſis, whoſe words I have faithfully engliſhed.

The forraign Sectaries thus ſeverely puniſhed, were no other then profeſſed Anabaptiſts and ſchiſmatickes; pronounced hereticks for their obſtinacy. Their puniſhment was harſh, yet deemed juſt and neceſſary in thoſe times; and it had this good iſſue, (which may induce us now to a fitting and juſt ſeverity againſt obſtinate Hereticks, Schiſmaticks, Blaſphemers, Anabaptiſts) it ſuppreſſed the ſpreading of their peſtilent Errors for the preſent in England, and preſerved it ſafe from their infection for the future; Timely and diſcreet Flebotomie is ever the beſt cure againſt this Gangraene of obſtinate Schiſme and Hereſie. Only this I ſhall obſerve by the way, that theſe Anabaptiſts (for ought I find) never p. 52pretended, that the King and civill Magiſtrates had no power to puniſh them for matters of Religion, as our Anabaptiſts and Sectaries now plead and write.

The ſinnes of Hereſy and Apoſtacy were ſo odious in this our Realm, that by the very ancient common Law of England they deſerved & were puniſhable with death, yea the ſoareſt death of all others, BURNING; as being no leſſe then llHornes myrrour of Iuſtices. c. 4.High Treaſon againſt the King of heaven; and mmCooks 3. Inſtitutes. cap. 15. of hereſie, p. 43.Gravius eſt aeternam quam temporalem laedere majeſtatem.

That theſe were thus puniſhable by the very common Law of England before the Statute of 5. R. 2. Stat. 2. c. 5. nnFullers Argument. Fox Acts and Monuments. vol. …. p. 575, 576. Cooks 3. Inſtitutes. p. 40, 41.ſurreptitiouſly procured without the Commons aſſent, and repealed the next Parliament) or the Statutes of 2. H. 4. c. 15. and 2. H. 5. c. 7. is apparent unto me, by the Authority of our ancient Law Bookes.

I read in Bracton: l. 3. c. 9. f. 123, 124. (who writ in King Henry the 3. his reigne,) That if a Clergy man be convicted of Apoſtacy, he ſhall be for it depriued, and afterwards, per manum laicalem COMBVRATVR, he ſhall be burnt by the hands of Laymen, as it hapned in the Councell of ooSee Antiq. Eccleſ. Brit. p. 152. accordingly; flammis abſumptus eſt.Oxford under Stephen Archbiſhop of Canterbury, to a certain Deacon, who became an APOSTATE for a certain Jew, who when he bad been degraded by the Biſhops, ſtatim fuit JGNI TRADITUS per manum Lai…lem▪ he was preſently delivered to the fire by Lay hands: And c. 23. f. 144. b. The Jewes may circumciſe their owne ſonns, but not a man of another religion for if they do it, they ſhall be gelt, by way of puniſhment.

I read, that in the ppMatth. Weſt. An. 1122. Mat. Parker. Antiq. Eccleſ. Brit. p. 152. Walfingham Y…o dig: Neuſtr. An. 1222 Speeds Hiſt, p. 596. Polychron. l. 7. c. 34 Holinſhed, Stow, and others, An. 6. H. 3.Councell held at Oxford An. 1222. in the 6. year of Henry the 3. under Stephen Archibiſhop of Canterbury, an execrable Impoſtor was convented before him, who ſuffered himſelfe to be wounded in his hands, feet and ſide, that by the reſemblance of theſe bloody impreſſions he might perſwade the people he was their Saviour: who being condemned by the Councell was immured between two walls, as a Monſter too impious and unworthy to dye by humane hands: and another who pretended her ſelfe to be Mary the mother of Chriſt, and a third who pretended her ſelf to be Mary Magdalen, were immured with him; Matthew Paris, Matthew Parker and others write, that they were crucified. And qqHiſt. Angl. p. 846, 847.Mat. Paris, relates, that Groſthead Biſhop of Lincolne lying on his deathbed An. 50. of Henry the 3. pronounced the Pope to be an Heretick, and the Friars, Nunnes and Preachers alſo to be Hereticks, for not oppoſing, but favoring him; and concluded thereupon with R m. 1. verſe laſt, qui talia agunt & conſentiunt DIGNI SUNT MORTE. Therefore in thoſe daies Hereticks were deemed worthy to dye, (as well temporally as eternally) which confirmes, that in his time Hereticks deſerved to be put to death.

John Britton Biſhop of Hereford, Doctor both of the civil and canon Law, who writ a Book of the Lawes of England then in uſe, about the 5. year of King Edward the firſt, by the Kings command, lib. 1. cap. 9. De Arſouns; (or perſons that were to be burned by judgement of Law) informs us; That ſuch who burned houſes in times of peace, **fol. 16. b.and were therof convicted, ſhall be burned; ſo as they ſhall be puniſhed by the ſelfeſame thing wherein they offend: And THE SAME p. 53JUDGEMENT have Sorcerers, and Sorcereſſes, and Sodomites, and MISCREANTS (or HERETICKS) openly attainted; who are to be enquired after. And this was no new Law, as appears by the preamble of the King to this Booke, but **fol. 1. 2., les leys que len ad uſe en noſtre Royalme AVANT SES HOVRES: Therefore it is cleare by this Authority, that the burning of Hereticks was in uſe before this Kings reigne, (though we find few or no preſidents of it) and inquirable by the Juſtices, and other temporall Officers of the King, as Britton writes in this chapter, but not by the Biſhops and Clergy, further then to Excommunicate them.

Andrew Horne in his Myrrour of Juſtices, written in the end of King Edward the firſt, or at leaſt in King Edward the ſecond his reigne; hath theſe ſeverall paſſages concerning Hereſy and its puniſhment, as Chap. 1. Sect. 4. p. 21, 22, 23. where ſpeaking of Crimes and their Diviſion, & of the Crime of Treaſon; he writes thus: Crime of Majeſty (or Treaſon) is an horrible ſinne done to the King; and this is either to the KING CAELESTIAL, or Terreſtriall, Againſt the King of heaven in three manners, by HERESY, Sorcery, Sodomy: HERESY is an evill and falſe beliefe ariſing from Error in the right Chriſtian faith: In this ſinne is Sorcery and Divination, which are members of hereſy; and ariſe from an evill beliefe. After which he enumerates the ſeverall ſorts of Sorceries and Divinations, contrary to the Law of God and the Church, and to the right faith, for which they are to be apprehended and removed from among the people of God, that ſo no good Chriſtian may be taken with their act, nor partner with their ſinne. Chap. 2. Sect. 22. p. 141, 142. he writes thus. Of the Crime of Treaſon or Majeſty, there is no eſpeciall or large Enditement, but OF HERESY, and Sorcery: Of which if any be indited and drawn into judgment, this is the Inditement, pronounceable for the King by any of his people in this manner, according as it is found IN THE ROLLES OF ANCIENT KINGS. **The forme of an Inditement agáinſt an heretick and ſorcerer in ancient times.I ſay Sebourge here is defamed by good people of the THE CRIME OF HERESY, for this, that from an ill art and beliefe forbidden, and by charmes and enchantment, he took from Brightient by name, on ſuch a day, &c. the flower of his beare, by which he loſt the vent, &c. Or thus: Molling, who is here, is defamed by good men, that on ſuch a day, &c. he renounced his baptiſme, and cauſed himſelfe to be circumciſed and became a Jew or Saracen; or offered or ſacrificed unto Mahomet in deſpite of God, and in damnation of his ſoule, and this ſinne he did FELONIOVSLY, &c. And if he will deny it, I am ready to prove it for the King, as belongs to the King to do; Chap. 4. Sect 11. p. 42. he defines, that deadly ſinnes are to be puniſhed with death: and mortall paine; and that ſuch puniſhments are warranted by the old Teſtament, and to be inflicted to prevent eternall death. After which Sect. 14. p. 252. Of the puniſhment of Treaſon; he determines thus: That Sodomy is to be puniſhed, with burying the party alive under ground; Sorcery by burning in the fire. The JVDGEMENT OF HERESY is fourfold; The 1. is Excommunication; the 2. Degradation: the 3. Diſinheriſon: the 4. dee' ARSE en Cinders; TO BE BVRNED TO ASHES.

By this punctuall Authority of Horne, it is moſt cleare to me. Firſt, that Hereticks and Apoſtates, as well as Sodomites and Sorcerers, even as they were Hereticks, were inditable and triable at the Kings ſuite in the King Courts by the p. 54very common Law of England, without any precedent conviction of HereſieSee Cooks 3. Inſtitutes. cap. 5. of Hereſie, p. 41, 42. and …ar and VVarners Caſes there cited. 10. H 7. 17. Old book of Entries. f. 264. 340. accordingly. by the Ordinary of the Dioceſſe, or by a Nationall or Provinciall Synod, and that the Judges of the common Law, when any Heretick or Apoſtate was to be proceeded againſt criminally and capitally for his life; were to judge, what was Hereſie and what not, not the Biſhops, or Synod only, as well as in the caſe of a (r) Prohibition or Habeas Corpus. 2. That ſuch Inditements were uſuall, and a ſet forme of them uſed and purſued in Edward the firſt his raigne, and were then to be found in the Rolls of ancient Kings, long before him: therefore were then of long, of ancient uſe, and warranted by the ancient common Law of England before his raigne: 3. That the Biſhops and Clergy could puniſh hereſie onelyonly with Excommunication and Degradation, not with death …. 4. That by the ancient Common Law of England in Edward the firſt his reign, and in the reigne of ancient Kings before him, Hereſy as hereſy; and Sorcery only as Hereſie and a branch thereof, and under the name of hereſy, was inditable in the Kings Court at the Kings ſuite, and puniſhed with burning to death: and ſo the writ De Haeretico Comburendo, (if neceſſary when grounded upon the Judges ſentence) warranted by the common Law, and the judgement of burning given by it, long before any Statute made againſt Hereſy in the reigne of Richard the ſecond, or Henry the fourth. 5. That Hereticks and Apoſtates who are ſuch indeed, may at this day be indicted for their hereſy andNote. Apoſtacy in the Kings Bench, or at the Aſſiſes, by the very common Law of England; and upon ſufficient proofes be there convicted, condemned and adjudged to be burnt; this power of the Judges at common Law to try and condemne Hereticks, being not now reſtrained by any Statute, nor taken away by the Statute of 1. Eliz. cap. 1. which repeales all former Statutes againſt Hereticks, or Hereſy, which only concerned Biſhops, Ordinaries, and their proccedings in caſe of Hereſie grounded on them, not the King or his Judges.

The next Authority I ſhall cite, is that of Fleta, written by a learned Lawyer impriſoned in the Fleet (as (ſſPreface to the 10. Report) Sir Edward Cooke informes us, in Edward the third his raigne, and taken for the moſt part out of Bracton) lib. 1. cap. 3. Chriſtiani Apoſtatae, Sortilegii, & hujuſmodi, DEBENT COMBVRI: Contrahentes verò cum Judaeis vel Judaeabus, pecorantes, & Sodomitae, in terra vivi confodiantur, per teſtimonium legale vel publicè convicti. A cleare Authority, that Apoſtates, (which comprehends all ſuch as fall into Hereſy, Judaiſme, or Paganiſme, after they have embraced the true Chriſtian orthodox faith.) South-ſayers, and ſuch like (which comprehends Hereticks likewiſe) OVGHT TO BE BURNT, even by the common Law then in uſe; and that Chriſtian; who turned Jewes, and Sodomites, were to be buried alive.

After this Wickliffe and his followers (called Lollards) infeſting the Pope and Prelates with their Doctrines and invectives againſt their Antichriſtian Tenets, and impoſtures, they being greatly favored by ſome Nobles and eminent Knights, about the end of the reigne of King Edward the 3. and beginning of Richard the ſecond, the Prelates bearing then great ſway in the Kingdome, not daring to truſt the Judges with the Triall of theſe New Hereticks (as they ſtiled them) taking hold of the Preſident in the Councell at Oxford in King Henry the ſeconds raigne, forecited, and of the practiſe of the Pope, and Popiſh p. 55Prelates in forraign parts took upon them in their Synods, Convocations, and likewiſe in private Conſiſtories to condemne theſe Lollards for hereticks, and upon their ſentence there paſſed, without any Inditement or triall at the common Law, procured a writ (which they might eaſily do being then Lord Chancellors and Lord Privie Seales for the moſt part) De Haeretico comburendo, to be directed in the Kings name to the Sheriffes of Counties and Mayors of Towns, to burn ſuch for Hereticks whom they alone had thus condemned (before there was any Statute) chiefly upon this ground, that hereticks by the judgment of the common Law, upon Inditements and Convictions in the Kings Courts, were to be burned. This is evident not onelyonly by the Biſhops proceedings in their Conſiſtories againſt (ttFox Acts & Monuments. Vol. 1. Edit. ult. p. 564. to 680.) John Wickliffe, John Aſton, Philip Repington, Nicholas Harford, William Swinderby, and Walter Brute, but alſo by that forme of writ, de Haeretico Comburendo mentioned in (uuSee Cooks Preface to the 10. Report.) Fitzherberts Natura Brevium, f. 269. c. which was made (xxSee 2. H. 4. Rot. Parl. n. 28.) in Parliament by the King and Lords, for the burning of William Sautre, a godly Martyr, condemned of hereſie in the Convocation at the earneſt ſollicitation of Thomas Arundel Archbiſhop of Canterbury, in the 2. year of King Henry the fourth, and burned by vertue of this writ; the firſt Martyr we read of burnt by vertue of ſuch a writ, granted, meerly upon a ſentence given by the Prelates themſelves, without an Inditement and Judgment at Common Law. This writ for his burning (made without the Commons) is thus tranſlated into Engliſh by (yyActs & Monuments. vol. 1. p. 675.) Mr. Fox. The King, &c. to the Mayor and Sheriffs of Loadon, greeting; (y) Whereas the reverend Father Thomas Archbiſhop of Canterbury, Primate of England and Legate of the Apoſtolike Sea, by the aſſent, conſent and counſellSee M. Foxes Acts & Monuments the oldeſt Edition. 142. 1676. the like Writ in Latine. of other Biſhops & his Brothers Suffragans, and alſo of all the whole Clergy within his Province gathered together in his provinciall Councell, the DUE ORDER OF LAW BEING OBSERVED in all points in this behalfe, hath denounced and declared by his definitive ſentence, William Sautre, ſometimes Chaplaine fallen again into damnable hereſie the ſaid William had abjured, thereupon to be A MOST MANIFEST HERETICK, and therefore hath decreed, that he ſhould be degraded, and hath for the ſame cauſe degraded him from all prerogative and priviledge of the Clergy, decreeing to leave him unto the ſecular power, and hath really ſo left him, ACCORDING TO THE LAWES AND CANONICALL SANCTIONS SET FORTH IN THIS BEHALFE. (zzNos igitur zelator Juſtuiae, & Fidei Catholicae cultor, &c.) We therefore BEING ZEALOVS IN RELIGION, and REVEREND LOVERS OF THE CATHOLIKE FAITH (and of Juſtice) willing and minding to maintain and defend the holy Church, and the Lawes and Statutes of the ſame, TO ROOT ALL SVCH ERRORS and HERESIES OUT OF OUR KINGDOME OF ENGLAND (as much as in us lies) and the hereticks ſo convicted to puniſh WITH CONDIGNE PUNISHMENT: and conſidering that ſuch hereticks convicted and condemned in forme aforeſaid, both ACCORDING TO THE LAW OF GOD AND **This relates to our ancient Comon Law. Note.MAN, AND THE CANONICALL INSTITUTIONS IN THIS CASE ACCUSTOMED, OUGHT TO BE BURNED WITH FIRE; We command you as ſtraitly as we may or can, firmely injoyning p. 56you, that you do cauſe the ſaid William being in your cuſtody, in ſome publike and open place within the Liberties of your City aforeſaid (the cauſe aforeſaid being publiſhed to the people) TO BE PVT INTO THE FIRE, and IN THE SAME FIRE REALLY TO BE BVRNED, to the great horror of his offence, and the manifeſt example of other Chriſtians; and this upon the perill that will fall thereupon, you may by no means omit. Teſte Rege apud Weſtm. 26. Febr. Anno Regni ſui 2. This condemnation of Sautry and writ for his burning was in time before the Statute of 2. H. 4. paſſed in Parliament, and was made, by adviſe of the Lords Temporall in Parliament only, without the Commons, as the Parliament roll demonſtrates. Soone after which one (aaSee Fox Act. & Monuments Vol. 1. p. 681.) John Badby was likewiſe burned by vertue of a like writ; and ſundry others after him.

From this writ I ſhall obſerve: Firſt, that by the Canonicall Law and Sanctions generally uſed and received in England and in forraign parts, Biſhops both in their Synods and Conſiſtories uſurped authority to convict & condemn Hereticks, and deliver them over to the ſecular power to be corporally puniſhed; which is further cleared by the expreſſe words of the Statute of 2. H. 4. cap. 15. but they could neither attach nor impriſon them before that Act in this Kingdome. 2. That the burning of Hereticks with fire, was not introduced by the Statute of 2. H. 4. or this writ then firſt made by adviſe of the Temporall Lords, but was a puniſhment accuſtomed in this caſe, according to the Law of God and man, and canonicall inſtitutions uſed in this Realme, long before this Act made, as the very words of the writ, compared with this Statute of 2. H. 4. made in Parliament in the ſame yeare, ſoone after this Writ, atteſt. 3. That this writ framed in Parliament for Sautry onelyonly, not others (made in time ſomewhat before this Statute, the ſame Parliament) makes no recitall at all, of this Statute, as it ought to do, if grounded on it: therfore not ordained by it. What alterations then did this Statute make of the Law in former times uſed in this caſe? only theſe. Firſt, it gave power to Ordinaries and Dioceſans to cauſe to be arreſted and kept in ſafe cuſtody ſuch who were ſuſpected or defamed of Hereſy, or keeping hereticall Bookes and writings; till they did canonically purge themſelves, or abjure their hereſies: 2. It gave them power to fine ſuch perſons to the King: 3. If any perſon convicted before them of hereſie refuſed to abjure his Hereſy, or relapſed againe into it after abjuration, it gave them Authority to turne him over to the ſec…lar Court, and after ſentence of Hereſie paſſed againſt him, in the preſence of the Sheriffe of the Shiere, or Mayor or Sheriffes and Bayly of the Corporation, where ſuch Heretick was proceeded againſt (whom this Act enacted the Dioceſan or his Commiſſary to ſummon to be perſonally preſent at the ſentencing of Hereticks) it enjoyned theſe ſecular Officers to give aſſiſtance to the Dioceſan of the ſame place and his Commiſſaries in this caſe, and without any further Inditement, triall or judgement at common Law (formerly uſed in caſes of hereſie when capitally proceeded againſt) after ſuch ſentence pronounced (without any writ de Haeretico Comburendo) to receive the ſame perſon ſo ſentenced into their cuſtody, and to cauſe him to be burnt in an high place before the people, that ſuch puniſhment might ſtrike feare into the minds of others, to deterre them from ſuch wicked Doctrines and hereticall erroneous p. 57opinions; and the ſaid Sheriffs, Majors and Bayliffs of Counties, Citties, Burroughs and Townes, were to be attending, ayding and aſſiſting to the Dioceſans and Commiſſaries in ſuch caſes; which they were not bound to be before, as appeares by the expreſſe words of the Act.

4ly. It gave every Biſhop and his Commiſſary power, to queſtion and condemne Hereticks in their Conſiſtories, and then to deliver them over to the ſecular powers to be burned, which none but a Synod or Convocation (for ought appeares by any Preſidents) could do before. So as the maine alteration wrought by this Act was, That theſe temporall Officers were to be …ending, ayding, and aſsiſting to the Ordinaries and their Commiſſaries, and preſent at their ſentence given againſt Hereticks; and after ſentence paſſed by them alone, without any indictment, Iudgement, verdict at Common Law, or Writ of the Kings, to burne them to Aſhes; by which the lives of all were made ſubject to the Convocations, yea to every Ordinaries and Commiſſaries power alone, and that without and before any lawfull triall by their Peers, or any legall indictment or conviction …ccording to the Law of the Land, contrary to Magna Charta, ch. 29. 5. Ed. 3. …. 9. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 15. E. 3. Stat. 1. c. 3. 4. 37. E. 3. c. 18. & 42. E. 3. c. 3.

This was the great grievance introduced by this Act, and the cauſe of its repeale, and of all other Statutes of this kinde; by 1. Eliz. c. 1. So as this Statute of Hen. the fourth was no …t…oduction of a new Law, but only a confirmation of the Common Law, as to the puniſhment it ſelfe of burning Hereticks, as is evident by the premi…e; though introductive of a new Law in the manner of proceeding and other precede…t re…pect: And in this ſence (bbActs and Monuments p. 575. 576.) Mr. Fox his words are t…e; That hithe to, (…. till the making of 5. R. 2. & 2 H. 4. The Popish Clergie had not authority ſufficient by any Politick Law or Statute of this Land, to proceed unto death againſt any perſon whatſoever in caſe of Religion, but only by the uſurped tyranny and example of the Court of Rome.

But yet the King and his Iudges had power to proceed againſt; impriſon and burne Hereticks to death, by the Common Law, though the Ordinary had not (as I have proved) This law gave the Ordinaries and Clergy a new power in this reſpect, to condeme and burn ſuch as they held Herticks, which they had not before: Hence (ccWalſing▪ h. Hiſt Angl. p. 201▪ to 220. Fox Acts and Monuments. p. 564. to 582.) the Pope ſent his Letters to King Richard the ſecond to ſuppreſſe Wiccliffe and his followers, and bring them to condigne punishment, and to be aſſiſtant to the Bishops herein, qui in proſecutione iſtius negotij noſcuntur favore & AVXILIO TVAE CELSITVDINIS INDIGERE; Whereupon the King writ Letters to the Vniverſity and Chauncellor of Oxford, to apprehend, impriſon, and convict them for their tenents, which they could not doe but by this royall command, by any Eccleſiaſticall Iuriſdiction then in uſe.

Fitzherbert a learned Iudge in his Natura Brevium (written in Henry the 8. his Raigne,) fol. 269. determines thus. Note it appeares by Britton in his Booke, that Hereticks ſhall be burned, and it appeares by that Booke, THAT THIS IS THE COMMON LAW. But Note, that the perſon who ſhall bee burnt for Hereſie, ought to be firſt convicted thereof by the Biſhop, which is his Dioceſan, where he abides, & abjure the ſame, & after if he relapſe into this Hereſie, or any other, & be condemned thereof in the ſaid Dioceſſe, then he ſhal p. 58be delivered to the ſecular power by the Clergy, to do with him as the King ſhall pleaſe; and then it is like the King may pardon him, if he will, or grant a Writ De Haeretico comburendo to burne him. Then reciting the ancient forme of the Writ forecited, he proceeds thus: And by this Writ it appeares, that a Man ought to be convicted of Hereſie by the Archbiſhop and all the Clergy of his Province & abjured of the ſame, and after newly convicted & condemned by the Clergie of his province, and that in their generall Councell of Convocation; But now by the Statute of 2. H. 4. c. 15. it is ordained, that any Biſhop in his Dio… may convict a man of Hereſie and adjure him, & after relapſe newly convict & condemne him thereof, and warne the Sheriffe or other Officer to take and put him into the fire, &c. and this the Sheriffe or other Officer ought to do by the Biſhops precept, and that Without any Writ to be directed to them By the King to doe i…. And this is the cauſe (as it ſeems) that this writ is not put in the new Regiſters, becauſe this writ will not ſerve, nor ought to be ſued at this day: but it is void, and nul in Law, by reaſon of this Act. But now by the Statute made in 25. H. 8. c. 14. this Statute of 2. H. 4 is repealed and made voyd, and now it is ordained by this laſt Statute, that he who is abjured of Hereſie and after falls in relaps, and is convicted of it before the Ordinary, that yet the Ordinary ought not to commit him to the lay power to burne him, without the Kings writ, De Haeretico comburendo, firſt purchaſed thereupon, as appeares by the ſaid Act more at large.

Sir Ed. Cooke in the 3d. Part of his Inſtitutes, c. 5. p. 39. 40 41. writes, that it appeareth by Bracton, Britton, Fleta, Stamford, and All our Bookes, that hee that is duly convict of Hereſie, ſhall be burnt to death (even by the Common Law:) That the Dio…ae an hath Iuriſdiction of Hereſie; and ſo it hath bin put in are in all ddMathew Hamond An. 21. Eliz. Ho… 1579 Stow. p. …61.Queene Elizabeths Raigne; and accordingly it was reſolved by Fleming Chiefe Iuſtice; Tanfield chiefe Baron; Williams and Crooke Iuſtices, Hil. 9. Ia…. R. in the care of Legate the Hereticke, that upon a conviction before the Ordinary of Hereſie, the writ De Haeretico comburendo doth lie. The Eccleſiaſticall Iudge at this day cannot commit the perſon that is convict of Hereſie to the Sheriffe, albeit, he be preſent, to be burnt, but muſt have the Kings writ, De Haeretico comburendo, According to the Common Law; For now all Acts of Parliament are repealed. And the reaſon why Haereſie is ſo extrea…l… and fearefully puniſhed is, for that, Gravius eſt aeternam quam temporalem ledere majeſtatem. The party duly convicted may recall and abjure his opinion, and thereby ſave his life, but a relapſe is fatall. For as in caſe 'of a diſeaſe of the Body, after a recovery recidiuation is extreamely dangerous; So in caſe o… Hereſie (a diſeaſe of the ſoule) a relapſe is incurable. And as he who is a L…per of his body is to be removed from the ſociety of men, leaſt he ſhould infect them, y the Kings Writ, De Leproſo amovendo: So he that hath Lepram … Levit. 1…. N…. 5. 2 2 C…. 26, …Lev 1animae, that is, to be convicted of Hereſie, Shall be cut off, leaſt he ſhould poyſon others, by the Kings Writ, De Haeretico comburendo. But if the Hereticke will not after conviction abjure, he may by force of the ſaid Writ, be burnt without abj ration. He addes; that when an Act of Parliament is made concerning matters meerely ſpirituall, as Hereſie, yet that Act being part of the Lawes of the Realme, the ſame ſhall be conſtrued and interpreted by p. 59the Iudges of the Common Law, who uſe to conferre with thoſe that are learned in that profeſsion; which hee proves by the reſolution in Iohn Keyſers caſe, Mich. 5. E. 4. rot. 143. Coram Rege, and Hillary Warners caſe, M, 11. H. 7. rot. 327. in the Common Pleas eeApud Ioan. de Aton. Conſtit. Legit. ſ. 152. 154.This is cleare by the Authority of the Councell at Oxford under Tho. Arundell Archbiſhop of Canterbury, Anno Dom. 1448. for the puniſhment of Hereticks, and ſuppreſsion of Hereſies, In uberiorem fortificationem juris communis in hac parte, as the Conſtitutions of it determine: which likewiſe informe us; Quod licet inter crimen Haereſis & leſae Majeſtatis in legibus diverſis quaedam paritas reputetur, eſt tamen diſſimilis culpa, paenam que exigit GRAVIOREM divinam quam humanam offendere Majeſtatem. By which Authorities it is cleare to me.

Firſt, that our Kings in ancient times did at firſt make uſe of Synods, and Convocations only to **Marſilius Patavinus Defenſor Paci… pars 2. c. 9, 10, 21.adviſe them what was Hereſie, and Apoſtacy, what not, not to convict and condemne Hereticks to be burnt: and that Hereſie and Apoſtacy are offences inquirable, inditable, and triable in a criminall way at the Kings ſuit in the Kings Courts before his Iuſtices, by the ancient common Law of this Realme, and puniſhable after indictment and conviction, by BVRNING, death, if not forfeiture of Lands, as in caſe of Treaſon againſt the King himſelfe.

2ly. That the Writ De Haeretico comburendo, is grounded and warranted by the common Law, not introduced by the Statutes of 2. H. 4. c. 15. or 2. H. 5. c. 7. (which neither preſcribe nor make mention of it) the Statute▪ of 25. H. 8. …. 14. being the firſt Act that names it; as well as the writs De Excommunicato capiendo, & Apoſtata Capiendo (introduced by the common law withoutany Act of Parliament) with the writ; ad deliberandum Clericum Ordinario, and the like.

3ly. That the Statutes of 2. H. 4. c. 15. 2. H. 5. c. 7. & 25. H. 8. c. 14. during the time they were in force, tooke away this power from the Iudges to condemne He, reticks, giving them authority only to enquire after them & returne their Inquiſitions to the Ordinaries by way of information, not conviction or evidence, veſting all the power of condemning Hereticks in the Convocation, Ordinaries and their Commiſſaries, during their continuance; which Statutes being repealed by 1 Eliz. c. 1. the common Law is thereby revived; Therefore the Iudges at this day by the ancient common Law of Engl. may indict and condemne Hereticks and Apoſtates to be burnt (the rather becauſe the Biſhops power is aboliſhed) cortrary to the opinion of 27. P. 8. 14. (delivered when thoſe Lawes were in force) and of Sir Edward Cooke in his third Inſtitutes, p. 40. That at this day no perſon can be indicted or impeached for Hereſie, before any temporall Iudge, or other that hath temporall Iuriſdiction; as upon the peruſall of the Statutes of 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 25. H. 8. c. 14. 2. Phil. and Mary c. 6. appeareth. For theſe Acts being repealed, as he there grants; the old common Law of England is thereby revived as to Hereticks and Apoſtates; and ſo at this day, any perſon may be indicted, impeached, condemned, before the temporall Iudges of the Kings Courts for apparent reall Hereſie (contrary to the Word of God, and 4. firſt Generall Councels) in ſuch ſort as they were and might be, before theſe Statutes.

4ly. That ſince the repeale of theſe Statutes, no man upon a bare conviction of Hereſie before the Ordinary, or Commiſſary, juſtly may or ought to be put to p. 60death or burnt, by the Writ De Haeretico comburendo, unleſſe he were likewiſe firſt legally indicted and convicted by a Iury in the Kings Courts, as all other capitall Malefactors, Felons, and Traytors are. My reaſons are, F…ſt becauſe it is directly contrary to Magna Charta: c. 29. the Petition of Right; 5. E. 3. c. 9. 25. E 3. c. 4. and other forecited Statutes of Edward the 3d. and contrary to the right order of Iuſtice, good equity, and the Lawes of the Realme, as is reſolved in the Stat. of 25. H. 8 c. 14. 2ly. Becauſe the Sheriffe could not execute any man by vertue of this Writ, or without it, before the Statute of 2. H. 4. c. 5. nor after it without this Writ, unleſſe he were actually preſent at the ſentence, as is reſolved, 2. Mariae, Brooke, Hereſie, 1. Therefore this Statute and all others in purſuance of it, being totally repealed, this Writ and the proceedings on it upon a bare ſentence of the Ordinary is (as I humbly conceive) meerely void in Law and contrary to Magna Charta: And therefore it is conſiderable, whether the reſolution of the Iudges in Legates caſe, forecited, be not erronious, though ſeconded by Sir Edward Cooke. For though the Ordinary of every Dioceſſe both before and after theſe Acts might convict any perſon for Hereſie, and excommunicate or degrade him by the common Law; yet the Sheriffe could not execute him by any ſuch convictions either without or by vertue of a Writ De Haeretico comburendo: but by power of thoſe Acts now all repealed, as is reſolved by 25. H. 8. c. 1. 4 Yet that an Hereticke or Blaſphemer convicted and condemned of Hereſie or notorious Blaſphemy by a whole Nationall Synod or Convocation, may by Ordinance of both Houſes of Parliament without any previous Indictment, be lawfully executed by a Writ De Heretico comburendo, even at this day, ſeemes probable to me, ſince it was uſual before any Statute made, by the connivance of the common Law.

5ly. That an Hereticke and Apoſtate legally indicted and convicted in the Kings Courts before the Iudges for Hereſie or Apoſtacy, and adjudged to be burnt, may at this day by the common Law be executed without ſuch a Writ, by vertue of the judgement only, by the Sheriffe (who is an Officer to the Court) as well as other Felons may be and are uſually executed in other caſes without a Writ. And if the Parliament will be pleaſed by a Law to declare, what are Hereſies in particular, and what Heretickes and Apoſtates in ſpeciall ſhall be indicted and proceeded againſt at the common Law: as they did heretofore in caſe of Treaſons by the Stat. of 25. E. 3. c. 2. there will be as great benefit, and no more danger of Tyranny or Perſecution, in permitting, commanding the Iudges to proceed againſt Hereticks and Apoſtates (who are Traytors unto God and Religion) according to the ancient Rules of the common Law, then there now is in their proceedings againſt Traytors to the King and Kingdome, upon the Statute of 25. E. 3. c. 2. a very good preſident (as I humbly conceive) for framing a new capitall Law againſt Hereſies and Blaſphemies.

Now the reaſons which confirme me in this opinion, That all Hereſies, Blaſphemies, Schiſmes, Apoſtacies, Idolatries are triable and puniſhable in a criminall or Capitall manner, only by an indictment and legall Tryall at the common Law, but not upon any ſentence given by the Clergy in Convocation, or the Biſhops in their Conſiſtories, are theſe: Firſt, becauſe the Prieſts under the Law, were neither appointed to condemne nor execute ſuch (unleſſe upon extraordinary p. 61occaſions in default of the Majeſtrat) but only the Majeſtrates, and people; as Deut. 13. with other precepts and precedents forecited, manifeſt: eſpecially Iob. 31. 26. 27. 28. If I behold the Sunne when it ſhined, or the Moone walking in brightneſſe; or my heart hath beene ſecretly enticed (to worſhip them) or my mouth hath kiſſed my hand: this alſo were an iniquity, TO BE PVNISHED BY THE IVDGE: for I ſhould have denyed the God that is above. Secondly, Becauſe all ſuch under the Goſpell ſince Chriſts time, were anciently puniſhed with impriſonment, confiſcation of goods, diſinheriſon, baniſhment, death, only **See Auguſtine Epiſt 48 50. 159 to 174.by the civill Lawes, Edicts of Godly Emperours, Kings, and civill Majeſtrates, and by their ſentences and Iudgements in purſuance of them; as is apparant by the premiſed and ſubſequent Lawes and Hiſtories; No Prelats, Councells, Synods, anciently having power to paſſe any ſuch civill, corporall or capitall ſentence againſt them; but the civill Iudges and Majeſtrate only. Hence bbAdverſus Albigenſes l. 3. c. 15. 22. Bibliotheca Patrum Tom. 13. p. 283. 287. See Antonini Hiſt. part. 3. Tit. 19. c. 1▪ Sect 4.Lucas Tudenſis about 350. yeares ſince, writing of the Albigenſes reputed for Hereticks, records, that a judice Regionis capti ſunt, Et ut digni erant flaminum ignibus traditi; confeſsing it to be the civill Magiſtrates duty, both to reſtraine and puniſh them; concluding thus. Regum & Principum eſt hoc miniſterium, ſcilicet, fidei rebelles occidere, per ſe, vel per miniſtros ſuos. Quod niſi ſollicite fecerint, rationem reddent Domino de his, quae eorum diſſimulatione, vel negligentia ab impijs perpetrantur; Remunerabuntur autem, ſi illorum miniſteriocultus fidei conſervetur. Hence bbDe errore Propbanarum Re…igionum, Bibl. Patrum Tom. 4.Iulius Firmicus writes thus to the Emperors Conſtans and Conſtantius; vobis ſacratiſſimi Imperatores, ad vindicandam & puniendam Idololatriam neceſſitas imperatur, & hoc vobis Dei ſummi lege praecipitur: 3ly. Becauſe ccSee Auguſtin. Contr. Lit Potiliani. l. 2 & contra Creſconium Gram l. 3. & Epiſt. 48. 50. Gratian Cauſ. 23. qu. 3. 4. 5. Leo Epiſt. 38. 39. 71. Surius Concil. Tom. 1. p. 616. 617. See Truth triumphlng over Falſhood. Bernardus ſuper Cant. Ser. 66. Gregor. lib. 1. Epiſt. 31. 72all the godly Councells, Biſhops, Fathers in former ages, yea Popes themſelves, have written to, and importuned Godly Emperors, Kings, Magiſtrates to apprehend, ſuppreſſe, puniſh Hereticks, Schiſmaticks, Blaſphemers and Apoſtates, informing them it was their duty to do it; to which all Orthodox Proteſtant Churches, Writers at this day ſubſcribe, yea and the Papiſts too: From whence ddOn Rome 13. hereafter cited more largely.Paeraeus, Dr. Willet, eeDe Judice & Norma fider, p. 72, 73, 74Biſhop Davenant, and generally all Proteſtant Divines, thus argue againſt the Popiſh Prelates and Clergie, who will not admit of Chriſtian Princes and Majeſtrates to be the Iudges of Hereticks, Schiſmatricks, &c. but only to be executioners of them, when condemned firſt by them for Hereticks, and delivered over as ſuch unto them to burne or puniſh. Every one hath the ſupreame Iuriſdiction, Power or Authority of judging, in thoſe things wherein he hath the ſupreame Power of puniſhing, condemning, and executing Offenders, becauſe all puniſhment and execution without a preceding Iudgement, knowledge and conviction of the truth and reality of the crimes for which the party is puniſhed or executed, is raſh and unjuſt; and no Prince or Majeſtrate can juſtly puniſh another for oppoſing, or not embracing that Faith and Religion which himſelfe is not able and hath no juriſdiction to judge, whether it be Hereſie, or Truth agreeable to Gods word; it being contrary to …ohn 7. 51. Acts 25. 15. 16. 17. the courſe of all Laws both Divine … Humane: But in the buſineſſe of Faith and Religion Chriſtian Princes and Majeſtrates have the ſupreame Iuriſdiction, Power Authority of condemning, puniſhing and executing Hereticks, Schi…maticks, Blaſphemers, Apoſtates, and Idolarers criminally or capitally; as all ancient Fathers, Councells, Proteſtant Churches **Marſil. Pat…w…inus Defenſ. Pacis pars 2. c. 9. 10, 21writers p. 62accord: Therefore they only have the proper Iuriſdiction and Conuſance of their Crimes, and are to try them as they doe other Malefactors by way of Indictment and Iury only.

4ly. Becauſe ffSixfold Com…entary on Rom. 13. Contr. 4. 5. 6.Rom 13Dr. Willet, ggDe …udice & Norma Fidei p. 72. &c.Biſhop Davenant with other of our owne and **Marfilius Patauinus Defenſor: Pacis pars, 2: c 9, 10, 21…orraign Proteſtant Divines, accord; That the Clergies encroaching of the power of judging and condemning Hereticks, dolaters, Schiſmaticks, Apoſtates Blaſphemers further then to excommunicate or degrade them only, and denying the Chriſtian Majeſtrate power to indict, arraigne, try, and condemne them criminally, to inflict pecuniary, corporall or capitall cenſures on them, is a meere Papall encroachment and innovation; uſurped hhSee Reynerus Contr. Waldenſes c 8. 9. 10. compared with Lucas Tudenſis adverſus Albigenſes l. 3. c. 15. 16. 17. 18. 19 20. 21. 22.about ſome three hundred and forty yeares ſince by the Pope and Popiſh Clergy, by the connivance of Chriſtian Princes, to ſuppreſſe the Albigenſes and Waldenſes, whom they feared the Civill Magiſtrate, who favoured them, would not condemne, burne or put to death as Hereticks, it left to their Tribunalls, and thereupon appointed their owne ſpeciall Inquiſitors to proceed againſt them. Therefore being a meere Papall uſurpation and Encroachment upon the Kings Royall Prerogative, and lawfull Power, it is certainly aboliſhed for ever by the Statute of … Eliz. c. 1. and other Acts againſt the Popes uſurpations.

5ly. Becauſe forraigne Proteſtant States and Princes condemne no Hereticks to ſuffer loſſeof Liberty, Goods, life, or baniſhment, but ſuch as themſelves upon tryall and conviction before them, judge ſuch, as appeares by the caſe of iiSee Aretius Valentini Gentilis Hiſtoria, Joan Calvini libellus, Quod Hertici Iure Gladij coercendi ſunt. Theod. Beza. De Haereticis Capitali ſupplicio afficiendis, & Bellarmin, de Laicis l. 3. c. 21.Valentinus Gentilis, Servetus and other Hereticks, condemned and executed by them. Therefore our Iudges alſo doubtleſſe ought to enjoy and exerciſe this Iuriſdiction here in England, as well as thoſe in forraigne parts; the rather, becauſe they have legall Conuſance of Hereſie, and the like, in caſe of an Habeas Corpus or Prohibition, as our kkSee Cooke Iuſtitutes part. 3. p. 41. 42.Law-Bookes reſolve; and ſo by like reaſon in caſe of an Indictment too; the rather, becauſe the clauſes in the very Writ llSee heere p. 55 Cook …3. Inſtit p. 44.De Haeretico Comburendo admit them ſuch a power, and the ancient common Law of England directly gave it them, as I have already manifeſted: which I hope will fully ſatisfie ſuch who have beene hitherto doubtfull, or contrary minded in this point.

And thus much for proceedings by the Common Law of England againſt Hereticks and Apoſtates, which I thought fit to cleare, becauſe either not known to, or miſtaken by moſt; and may be uſefull for the future. I come now to our owne Statutes againſt Hereſie and Hereticks, of which very briefly, becauſe all now repealed, and touched upon before.

In the times of Popery there were ſeverall Acts of Parliament made againſt[m] Fox Acts and Monuments vol. 1. Edit 1640. p. 575. 576. Fullers Argument, Cookes 3 Inſtit p. 40 Rot Parl. 6. Ricn. 2. n. 52. thoſe the Prelats and Clergy then pretended to be Hereticks, to wit, Iohn Wickliffe and his followers, whom they ſtiled Lolards, who were no Hereticks at all in verity, as alſo againſt others really ſuch, though not principally intended in thoſe Lawes.

The firſt Law was only a pretended Act, fraudulently obtained by the Prelates without the Commons conſent, and publiſhed as a Law aſſented to by them (… what manner you may read in the Marginal n Authors) to wit, the Statute of 5. R. 2. .5. Stat. …. The effect of it was, that the Kings Commiſſions be made and directed to Sheriffs and other Officers, and other perſons learned, upon the p. 63Biſhops certificat made in Chancery, from time to time to arreſt all Lollard Preachers [whom they ſtyled Hereticks] and alſo their fautors, Abettors, and to hould them in arreſt and ſtrong priſon till they ſhould juſtifie themſelves according to the Law and reaſon of Holy Church: But this pretended Act upon the Commons Petition, in the next Parliament was revoked, becauſe they never aſſented to it: nor was it granted by them, for it was never their meaning to be juſtified by, and binde themſelves and their ſucceſſors to the Prelates, more then their Anceſtors had done before them.

The next Statute againſt Hereticks is that of 2. H. 4. ch. 15. procured as the former, which was made only upon the Petition of the Prelates and Clergy of England, who in their Petition deſire, that it may be ordained **2. H. 4. l 0. Parl. nu. 48.per dictam Regiam Majeſtatem ex aſſenſu Magnatum & aliorum Procerum in dicto Parliamento exiſtentum, And the Anſwer is, Rex de conſenſu Magnatum & aliorum procerum Regni ſui; without naming the Commons, as appeares by the Parliament Roll; yet the Prelates cunningly foiſted this clauſe into their written and printed Copies, (which they inſerted into their Conſtitutions in the Councell at Oxford, An. 1408. ſome ſix yeares after this Law, though not in the Parliament Rolls) Super quibus quidem Novitatibus, & exceſſibus ſuperius recitatis, Praelati & Clerus ſupradicti **Ioanis de Acon Conſtit Legit. f. 154.AC ETIAM COMMVNITATES DICTI REGNI in eodem Parliamento exiſtentes, dicto Domino Regi ſupplicaverunt, ut ſua dignaretur Regia celſitudo in dicto Parliamento providere de remedio oportuno. Wherein the Commons conſent is included, who neither joyned in the Petition nor conſented to the Act: yet this clauſe continued in all our Printed Statutes, both in the Latine and Engliſh Copies, to give it the colour of an Act of Parliament, as Mr. Fox truly obſerves in his Acts and Monuments vol. …. Edit. 1640. p. 773. upon which ground among others, this Statute was repealed by 25. H. 8. …. 14. being practiſed as a Law till ther: Whence **Hiſt. Angl. An. 1401: p. 405. ypodig. Neuſtriae. p. 158.Walſingham ſtiles it a Statute, and affirmes, that William Satry a Presbyter, burnt in Smithfield in the ſight of many, had this Law practiſed upon him; Practizataque fuit haec lex in P…eudo presbytero, qui apud Smithfield, multis aſpectantibus EST COMBVSTVS; though in truth he was burned before this Law paſſed, upon a Writ made by the King and temporall Lords, without the Commons or Prelates.

This Statute [if I may ſo call it] …flicts not only impriſonment and fines upon Lollards, and ſuch as they then deemed Hereticks, but death it ſelfe, in caſe they abjured not their Hereſie, upon a Conviction and ſentence of Hereſie before the Ordinary or his Commiſſary, to whom all Sheriff, Majors, and other Civill Officers were enjoyned to be aſſiſtant, and preſent at their Sentences of condemnation, if required, and upon their Sentence alone, without any Writ de Haeretico comburendo, or Order from the King, they were to burne the perſons condemned and not abjuring in a publique place, to terrifie others: as you may read in the printed Act it ſelfe, which differs ſomething from the record.

7. H. 4. Rot. Parl. nu. 62. there was a like Petition exhibited by the Prelates for a new and ſeverer Law againſt the Lollards, and that all might apprehend and enquire of ſuch, and no Sanctuary might be granted to them, wherein the name of the Commons was uſed, by meanes of Sir Iohn Ticketoft and others; but this, i… ſeemes, miſcaried, and was never printed or publiſhed by the Prelates, as the former was.

p. 64The next law againſt Heretiks is 2. H. 5. c. 7. which ratified the former Acts, preſcribed an Oath to Sheriffes and other Officers, to aſſiſt and attend the Ordinaries in proſecution of Hereticks, & Lollards; Added a confiſcation of the lands Goods, and Eſtates of ſuch as were convicted of Hereſie, and delivered over to the ſecular power, whether they were executed or burnt, or not; and of all hereditaments of Lands in others for their uſe, and ordered Iudges of Aſſiſe and Iuſtices of Peace in their Seſſions to enquire after Hereticks, their fautors, maintainers, Bookes, Writings, Sermons, Conventicles, and to apprehend them, to tranſmit their inquiries to the Ordinaries or their Commiſſaries, to informe them, but not to be uſed as evidence, the Ordinaries being left to proceed according to the lawes of Holy Church. This Act reſtrained the Iudges and Iuſtices power to puniſh Heretickes unpon Indictment by the Common Law, and made Hereſie no civill, but an nn27. I…. 8 13 14. B…. Action Sur le caſe 2. 10. H. 7. 17. Dr. & Student l. 2. c 29.eccleſiaſticall offence only, for the preſent; as ſome of our Law-Bookes ſtile it.

After this, the Statute of 25. H. 8. c. 14. repeales the Statute of 2. H. 4. for theſe foure reaſons mentioned in the Preface of it. Firſt, becauſe that Act doth not in any part thereof declare any certaine caſes of Hereſie, contrary to the determination of Holy Scripture, or the Canonicall Sanctions therein expreſſed, whereby the Kings loving and obedient Subjects might be learned to eſchew the dangers and paines in the ſaid Act ſpecified; or to abhorre and deteſt that foule and deteſtable crime of Hereſie.

2ly. Becauſe theſe words, Canonicall Sanctions, and ſuch other like contained in the ſaid Act, are ſo generall, that the moſt expert and beſt learned man of this Realme, diligently lying in wait upon himſelfe, cannot e…chew and avoid the penalty and dangers of the ſaid Act, and Canonicall Sanctions, if hee ſhould be examined upon ſuch captious interrogatories, as is and hath beene accuſtomed to be miniſtred by the Ordinaries of this Realme, in caſes where they will ſuſpect any perſon or perſons of Hereſie.

3ly. For as much as it ſtandeth not with the right order of Iuſtice or good equity that any perſon ſhould be convict and put to the loſſe of his life, goodNOTE name or goods, unleſſe it were by due accuſation and witneſſes, or by preſentment, verdict, confeſſion or Outlawarie, ſince by the Lawes of the Realme for Treaſon committed to the perill of the Kings moſt royall Majeſti; upon whoſe ſurety dependeth the wealth of this whole Realme, no perſon may or can be put to death, but by preſentment, verdict, confeſſion or proceſſe of Outlary.

4ly. For that there be many Hereſies, and paines and puniſhments for Hereſies, declared and ordained in and by the ſaid Canonicall Sanctions, and by the Lawes and Ordinances made by the Popes and Biſhops of Rome, and by their Authoritie, for holding, doing, preaching or ſpeaking of things contrary to the ſaid Canonicall Sanctions, Lawes and Ordinances, which be but Humane, being meere repugnant and contrarious to the Prerogative of the Kings imperiall Crowne, regall juriſdiction, Lawes, Statutes, and Ordinances of this Realme; by reaſon whereof his people of the ſame, obſerving, maintaining, defending, and due executing of the ſaid Lawes, Statutes and Prerogative Royall, by Authority of that Act of 2. H. 4. may be brought into ſlander of Hereſie, to p. 65their great infamy and danger and perill of their lives. Nevertheleſſe, for as much as the moſt foule and deteſtable crime of Hereſie ſhould not go unpuniſhed, but be utterly abhorred, deteſted and eradicate, nor that any Hereticks ſhould be favoured, but that they ſhould have condigne and ſufficient puniſhment, for the repreſſing of Hereticks & ſuch erronious opinions in time comming; It enacts, That the Statutes of 5. R. 2. & 2. H. 5. c. 7. for the puniſhment, and reformation of Hereticks and Lollards, and every proviſion therein, not repugnant to this Act, ſhall ſtand in full ſtrength: and that Sheriffes in their Townes, and Stewards in their Leets, Rapes, and Wapentakes ſhall have power to inquire of Heretickes, as of common Annoyances, and to certifie their inquiries to the Ordinary, in ſuch manner as the Juſtices of Aſſiſe and of the Peace might doe, by the Statute of 2. H. 5. c. 7. and that the Ordinaries after ſuch preſentment and indictment, proved by the Oath of two lawfull witneſſes at the leaſt, and not otherwiſe, or by any other meanes, might convict, convent, arreſt and apprehend ſuch perſons preſented or indicted of any Hereſie. And that he that happened to be lawfully convicted before the Ordinary in his open Court, and in open place, of the Hereſie whereof hee was accuſed or preſented, ſhall abjure the ſame, and if he refuſed and renounced the ſame, then he ſhould do ſuch reaſonable penance for his offence as ſhal be limited by the diſcretion of the Ordinaries. And if he refuſed to abjure, or after abjuration fall into relapſe, and were duely accuſed, or preſented and corvict thereof as aforeſaid, that then in ſuch caſes he ſhall be committed to Lay power, TO BE BVRNED in open places for example of others, as hath been accuſtomed: the Kings Writ, De Heretico comburendo, firſt had and obtained for the ſame: And it likewiſe provides, that no manner of doing, ſpeaking or communication, or holding againſt any Lawes made by the Biſhops of Rome, or by their Authority, for the advancement of their owne worldly glory and ambition given them by humane Lawes or Policies, and not by Holy Scripture, contrariant and repugnant to the Lawes of this Realme, and the Kings Prerogative Royall, ſhall be deemed, reputed, accepted or taken to bee Hereſie.

After this in 31. H. 8. c. 14. 34. H. 8. c. 1. & 35. H. 8. c. 1. ſeverall Lawes were made to puniſh certaine particular points of Doctrine [commonly called the Six Articles] with death and the loſſe of Goods, as you may read at large in the Acts themſelves▪ the laſt whereof ſomewhat mitigates and explaines the former.

Theſe Lawes proving very **See Mr. Fox Acts and Monuments vol. 2.boody to the true Profeſſors of the Goſpell, thereupon the Statute of 1. Ed. 6. c. 12. repeald and utterly made void all Lawes and Statutes formerly made concerning Hereticks, or opinions in Religion: and ſo they continued repealed, during all King Edward the ſixt his Reigne. But Queene Mary comming to the Crowne, and reſtoring the Popes and Prelates exploded Juriſdictions, thereupon;

The Statute of 1. & 2. Phil. and Mary …. 6. revived them all, in whoſe Reign they were put in vigorus execution, to the deſtruction of many Godly Chriſtians; as we may read at large in Mr. Fox his Acts and Monuments, vol. 3. But ſhee deceaſing, and Queene Elizabeth …cceding; The Statute of 1. Eliz. c. 1. repealed all theſe Lawes againe▪ rev…ed by Queene Mary; and leaves Ord… and p. 66the High Commiſſioners liberty to proceed againſt Heretickes, only by Eccleſiaſticall Cenſures, with theſ proviſoes.

Provided alwayes, and be it enacted as is aforeſaid, that no manner of Order, Act, or determination for any matter of Religion or cauſe Eccleſiaſticall, had or made by the Authority of this preſent Parliament, ſhall be accepted, deemed, reputed, or adjudged at any time hereafter, to be any Errour, Hereſie, Schiſme, or Schiſmaticall opinion: any Order, Decree, Sentence, Conſtitution or Law whatſoever the ſame be to the contrary notwithſtanding: Provided always, & be it enacted by the Authority aforeſaid, that ſuch perſon or Perſons to whom your Highneſſe, your Heires, or Succeſſors ſhall hereafter by Letters Patents under the Great Seale of England, give Authority to have or execute any Juriſdiction, Power or Authority, Spirituall or Temporall, or to viſi, Reforme, Order or Correct any Errors, Hereſies, Schiſmes, Abuſes or Enormities, by vertue of this Act, ſhall not in any wiſe have Authority or power to order, determine, or adjudge any matter or cauſe to be Hereſie, but only ſuch as heretofore have beene determined, ordered or adjudged to bee Hereſie, by the Authority of the Canonicall Scriptures, or by the firſt 4. Generall Councells, or any of them, or by any other Generall Councells, wherein the ſame was declared Hereſie, by the expreſſe and plaine words of the ſaid Canonicall Scriptures, or ſuch as hereafter ſhall be Ordered, judged, or determined to be Hereſie by the High Court of Parliament of this Realme, with the aſſent of the Clergie in their Convocation: any thing in this Act contained to the contrary notwithſtanding. So as this Act defines; what ſhall be adjudged and puniſhed as Hereſie by the High Commiſſioners, and may ſerve for a good Rule to the Judges and Parliament now to proceed by, in judging what ſhall be reputed▪ reall Haereſie and Blaſphemy in future times.

But this clauſe of this Act is now repealed by an Act of this preſent Parliament, which takes away the High Commiſſion; and ſo all Statutes concerning Heretickes or Hereſie are now wholly repealed; and the Ordinaries power to puniſh them, totally aboliſhed by the Ordinances aboliſhing Epiſcopacy.

Yet this is obſervable, that both before and after the repeale of all Statutes concerning Haereſie by 1 Eliz. c. 1. ſome reall Heretickes and Anabaptiſts were condemned and burnt for Haereſie, by vertue of the Common Law of England.

I read if bbFox Acts and Monuments, vol. 2. p. 315.Fox his Acts and Monuments, that in King Henry the 8. his Reigne in the yeare of our Lord 1535. ten Datch men, accounted for Anabaptiſts, were put to death in ſundry places of the Realme: and that other tenne repented and were ſaved, and two of the ſaid Company pardoned by the King, albeit the definitive ſentence was read. And well might they deſerve this ſentence, if our learned Martyr John Philpot, may be credited; who writes in a godly Letter to a friend of his: mmFox vol. 3 p. 607That Axentius, one of the Arrian Sect, with his Adherents, was one of the firſt that denyed the Baptiſme of Children; and next after him Pelagius the Hereticke, and ſome others that were in nnSee Bernard ſermo 66. ſup Cant. Cant. [o] Holinſhead p. 46.St. Bernards time; and in our dayes the Anabaptiſts, an inordinate kinde of men, ſtirred up by the Devil to the deſtruction of the Goſpel. So he o An. 1538. Two Anabaptiſts were burned in Smithfield; three then bore p. 67fagots, and abjured the Realme: but this was before theſe Acts repealed.

After their repeale, in the 17. yeare of ppHolinſhead p. 1260 1261. Stow. p. 678. 679.Queene Elizabeth, Anno 1575. A congregation of Anabaptiſts, being Dutch-men, was diſcovered in a Houſe without the Barres of Aldgate LONDON: 27 of them were taken and ſent to Priſon: 4. of them bearing Fagots recanted their Haereticall opinions at Pauls Croſſe the 5th. day of May: The 21. of May, one man and two women Anabaptiſts, Dutch, were in the Conſiſtory at Pauls condemned to be burnt in Smithfield; after great paines taken with them, the Women were converted, and the Man baniſhed.

Nine Women of them and a Man were publikely Carted and whipped by the Sheriffs Officers on the firſt of Iune, and then carried to the Water ſide from Newgate, and ſhipped and baniſhed, never to returne more into England.

The 22. of Iuly two Dutchmen Anabaptiſts were burned in Smithfield, who died with great horror roaring and yelling. And by this meanes England was then preſerved from their infection.

qqHolinſhead p. 1299. Stow. p. 685. Camden Eliz. p. 285.Anno 1579. being 21. Eliz. Mathew Hamant for execrable Haereſie and Blaſphemy (not fit to repeat) againſt Chriſt and the Holy Ghoſt, and denying their Deity, and the uſe of Baptiſme and Sacraments in the Church: was on the 13. day of April condemned at Norwich, by the Biſhop of the Dioceſſe in his Conſiſtory, as an Haeretick: and on the 20th. of May, burned publikly in the Caſtle of Norwich, his Eares being firſt cut off in the Market place, for horrible blaſphemy againſt the Queene.

[r] Anno. 25. Eliz. on the 18. day of September, one Iohn Lewes, who named himſelfe Abdeit, an obſtinate Haereticke, denying the Godhead of Chriſt,(*) Holinſhead p. 1354. Stow. p. 697. and holding divers other damnable Haereſies [much like his Predeceſſor Hamant] WAS BVRNED AT NORWICH.

ſſCooke 3. Inſtit. p. 40.Hil. 9. Jacobi one Legat was juditially convented, convicted and condemned by the Biſhop of the Dioceſſe for his Hereſie, and it was reſolved by the Judges of the Kings Bench, that a Writ De Haeretico comburendo lay upon the judgement [and ſome ſay he was burnt accordingly.]

9. Jacobi 19. Novembris, Anno Dom. 1611. one Edward Wrightman of Burton upon Trent, was convented before Richard Neale Biſhop of Coventry and Litchfield, for denying the Trinity the Deity of Chriſt and of the Holy Ghoſt, and affirming himſelfe to be Chriſt and the Holy Ghoſt; and the Scriptures ſpoken of them to be meant of himſelfe; all which he affirmed and juſtified in his Anſwers to his Articles, and perſiſted in the ſame after many conferences: whereupon on the 5th. of December following, he was condemned for an obſtinate and incorrigible Haereticke and excommunicated with the great Excommunication, and adjudged by the Biſhop, to be delivered over to the ſecular power, to be capitally puniſhed, according to the Atrocity and haynouſnes of his crimes and Blaſphemies; whoſe Articles and ſentence, I have in my cuſtody. Whether he were actually burnt, or reprived as one frantique and diſtracted as ſome eſteemed him, I cannot certainely determine. All theſe were thus cenſured, and ſome of them put to death by the common Law, ſince the p. 68Statutes againſt Hereticks, were repealed; why any ſcruple of putting ſuch obſtinate groſſe Haereticks and Blaſphemers to death, upon a legall Indictment and Conviction before the Judges after the ancient courſe of the Common Law, ſhould now be made. I can ſee no colour, unles our love to, our zeale for God, Religion, be farre leſſe, farre colder then our Predeceſſors, or thoſe very Lordly Prelates whom we have ſuppreſſed, and our ſolemne Covenants, Proteſtations to make a thorow Reformation of all corruptions in Doctrine, Diſciplin, life, an engagement to us to tollerate ſuch moſt execrable Hereſies, Errors, and open Blaſphemies which the moſt unreformed times perſons, would by no meanes ſuffer without ſpeedy condigne corporall and capitall puniſhments.

I ſhall only adde to this, that by the Statutes of 5. Eliz. c. 1. 23. Eliz. c. 1. & 3. …7. Eliz. c. 1. 28. Eliz. c. 6. 35. Eliz. c. 1. 2. 39. Eliz. c. 18. 43. Eliz. c. 9. 1 Jac. c. 4. 3. Jac. c. 4. 5. 7. Jac. c. 6. & 3. Car. c. 2. Jeſuites, Seminarie Prieſts, Monkes, Friars, who receive Orders by any power derived from the See of Rome, if borne within the Kings allegiance, are to be indicted in the Kings temporall Courts, and condemned, yea, executed as Traytors, if they do but ſay Maſſe, exerciſe their Prieſtly ſanctions, or endeavour to ſeduce any of the Kings Subjects from their Religion and Allegiance; though they do it [as they conceive] meerely out of conſcience and duty to God and their Eccleſiaſticall Superiors; upon which Statutes many of them have beene executed as Traytors, and ſome of late by the preſent Parliaments ſpeciall direction, when the King himſelfe would have reprived them. The voluntarie Harborers of them, knowing them to be ſuch, are by the Lawes to be indicted and executed as Fellons; and the late See Canter…artes Doome …. 25. 26 27. 39 …. …. &c.Archbiſhops familiarity, correſpondence and confederacy with Prieſts and Je…uites to introduce Popiſh Superſtition, and ſubvert the eſtabliſhed Proteſtant Religion, was charged againſt him by the whole Houſe of Commons, as a Treaſonable and Capitall offence, for which, among other things, he loſt his head by the unanimous Judgement of both Houſes of Parliament. Such Popiſh Recuſants or others who bring in any of the Popes Bulls or Excommunications into this Realme, or publiſh them here, though out of a ſeduced Conſcience, are to be executed as Felons; by theſe Lawes; or at leaſt attainted in a Praemunire, to the loſſe of their Eſtates and Libertyes. Such Popiſh Recuſants, who are convicted for not repairing to Church and receiving the Sacraments among us, are to forfeit two parts in three to be divided, of their whole reall and perſonall Eſtates, to the King; to pay an hundred pounds for every Maſſe they heare, and forfeit twenty pounds a Month for abſenting themſelves from Divine Service and Sermons, in ſome Church or Chappell, which leſt e…alty, of twenty pounds a Month for abſence from the publike Ordinances, all Schiſmaticks and Separatiſts incurre by theſe Lawes, as well as Papiſt. All ſuch Recu…ants or Separatiſts who reſuſe the Oath of Allegiance and Supremacy, incurre a Praemunire, are to be impriſoned, and made uncapable of any Office. The importers of Popiſh Books, Pictures, Reliques of any kinde, are ſubject to divers pecuniary Penalties; Recuſants themſelves to be confined to their Houſes, diſarmed, ſecluded from the Court, and all places of truſt; diſabled to practiſe Law or Phiſick and in ſome caſes to inherit Lands, to ſue any Actions, to be Executors or Adminiſtrators, and to forfeit all their goods, eſtates, Dowers, Iointures during their naturall p. 69lives; as theſe Statutes declare at large: And beſides this, they are to be excommunicated ipſo facto, and ſo utterly diſabled to bring any action at Law; and all this in relation to their falſe, hereticall and deteſtable Religion, which oft incites them to ſedition, Rebellion, Treaſon, againſt the King, Kingdome, Parliament. And are all to be indicted and tried in theſe caſes in the Kings Courts only according to the Rules of the Common Law.

Theſe Lawes are ſtill in force and executed to the full againſt them now; and it was a uuSee A Neceſſary Introduction to the Archbiſhop of Canterburies Triail p. 3. to 70. An exact Collection of all Remonſtrances, &c. 1643. p. 1. 2. 3. 4, 5, 10. &c.great complaint, yea charge againſt the King and his ill Councell in this and former Parliaments, that they ſuſpended or mitigated theſe Lawes againſt Popiſh Prieſts and Recuſants. And ſhall we then tollerate other dangerous Hereticks, Schiſmatickes, Blaſphemers and Enemies of our eſtabliſhed Religion, yea and plead for a common tolleration of them, when our Lawes are ſo juſtly rigorous, and our ſelves ſo vehement againſt theſe? God forbid.

As for obſtinate Schiſmaticks, who wholy ſeparate from our Churches or publike Aſſemblies, and are no Papiſts, as they forfeit twelve pence for every Lords day, and twenty pounds for every month they abſent themſelves from our publike Congregations, by the Statutes of 1. Eliz. c. 2. and other recited Acts: So by the Statute of 35. Eliz. c. 1. [yet unrepealed] they are to be impriſoned without Bayle or mainpriſe upon conviction, untill they conforme themſelves and repaire conſtantly to our Churches; and if within three monthes after their Conviction they refuſe to conforme, and to repaire duly to our Churches or Chapells they are thereupon to take an Oath of Abjuration to depart the Kingdome in the open Quarter-Seſſions or Aſsiſes, before the Juſtices, within ſuch time as ſhall be limited; and in caſe they refuſe to abjure or ſhall not depart the Realme after ſuch abjuration made, or returne into it, or into any the Kings Dominions againe, without ſpeciall licenſe of the King firſt obtained, then in every ſuch caſe, the perſon ſo offending Shall be adjudged A Felon, and ſuffer [death] as in caſe of Felony, without benefit of Clergy. And every perſon who ſhall knowingly releive, harbour, maintaine, or keepe in his houſe or ſervice any ſuch obſtinate Separatiſt or Schiſmatick, who ſhall-refuſe to repaire to our Churches, or Chappells, ſhall after notice thereof by the Ordinary or any Juſtice of Peace, or the Miniſter, Curate or Churchwardens of the pariſh where ſuch perſon ſhall then be, forfeit ten pounds for every Month, that he ſhall ſo relieve, maintaine, retaine or keepe any ſuch perſon ſo offending.

Which Act alone, if now duly executed, would ſpeedily ſuppreſſe, ot quit our Church, our State of all thoſe dangerous Anabaptiſts, Sectaries, and ſeperating Enthuſiaſts who now ſo much infeſt, and threaten tuine unto both. I wiſh all ſuch would ſeriouſly read, Epheſ. 4. 1. to 7. Rom. 16. 17. 18, 1 Cor. 1. 9. 10 14. 2 Pet. 2. Jud. 19. **Ardeant licet flammus, et ignibu… tradi…i, vel objecti beſtijs animas ſuas ponant, non erit illa fidei Corona ſed paena perfidiae, nec religionae virtutes exitus glorioſus, ſed deſperationis interitus. Occidi tali… poteſt co…oneri non poteſt. Gyptian' de Vnitate Eccleſiae Ine … a iles et gravis culpa di, cordiae …ec paſstone purgatur, Exhi bere ſe non pefeſt Martyrem, qui ſraternam non tenuit Chai…atem Ibid.St. Cyprians Book, de Vnitate Eccleſiae, and St. Auguſtins Bookes and Epiſtles againſt the Donatiſts, which would teach them to renounce their dangerous Schiſme and prevent the execution of this good Law againſt them.

How variouſly Hereticks themſelves [with their Fautors and Followers] are to be puniſhed by the Canon Law, to wit with excommunicution, loſſe of trading and commerce with others, confiſcation of their goods, depriving them and their Children from all Eccleſiaſticall preferments, diſinheriting of their Children, loſſe of Dower by their Wives, diſability to appeale, or give teſtimony; abſolution of their vaſſalls from all ſervices, Tenures, Obligations by p. 70which they are obliged to them; deprivation of all Sacraments of the Church and of Chriſtian buriall; That no Regiſter may write any thing, nor Advocate plead for them witho…t loſſe of Office and publike infamy; and delivery of them, after ſentence given, to the Secular Powers To be burned to Aſhes: and what other puniſhments Apoſtates and Schiſmaticks are to undergoe by the Canon Law, you may read at large in Gratian: Cauſa 23. 24. Hoſtienſis Summa lib. 5. Tit. de Haereticis, Schiſmaticis, Apoſtatis, & Iterantibus Baptiſma. Summa Angelica, Tit. Haereticus, Apoſtatia, Schiſma: Summa Roſella, Tit. Apoſtatia, Haereticus. L…ndwood Provin. Conſt. l. 5. De Haereticis, Schiſmaticis & Apoſtatis [where he writes,] ſunt damnandi ad mortem per ſeculares poteſtates & per eas DEBENT COMBVRI VEL IGNE CREMARI, ut patet in quadam conſtitutione Frederici] Franciſcus Zerula, his Praxis Epiſcopalis, pars 1. Tit. Haeretici fol. 109, &c. Alfonſus a Caſtro adu: Haereſes, & de juſta haeret: punitione. Antonij Corſeti Repertorium. Tit. Haereticus & Apoſtatia, Claudius De Sanctes ad edicta & de methodo Contr▪ ſectas, veterum Principum. Lucas Tudenſis, adverſ. Albigenſium errores l. 3. c. 15. 20. 21. 22. Bellarmin; de Laicis l. c. 21. 22. Antonini Hiſt. pars 3. Tit. 19. c. 1. ſect. 4. Reynerus contr. Waldenſes c. 11. 12. Iacobi Gretſeri Prologom: in ſcriptores contr. ſectam Waldenſium c. 6. Bibl. Patrum Tom. 13. p. 290. 291. Concilium Oxonienſe, Anno 1408. under Thomas Arundell, for the ſuppreſſion and puniſhment of Haereticks, apud Ioan. de Aton, Conſtitutiones Legit. f. 152. 153. 154. And in **See Paulus Grillandus de Haereticis & corum Paenis.ſundry other Canoniſts, Tit. de Haereticis et Apoſtatis, whoſe names I pretermit.

And thus much for the puniſhment of Hereſie, Apoſtacy, and obſtinate Schiſme by corporall and capitall cenſures in all ages, both at home and in forraigne patts.

I ſhall next preſent you with like Lawes againſt, and puniſhments inflictedPuniſhments of Blaſphemy. on open Blaſphemers And prophane Curſers and ſwearers.

Blaſpemy is defined to be**Summa Angel. & Roſella Tit. Blaſphemia. contemptuous ſcoffing, or malitious ſpeech or word uttered in diſhonour, contempt, or diſpight of God himſelfe, or any perſon of the ſacred Trinity: and the more contempt, malice, diſpite and rancor there is in the expreſſion or words ſpoken, the greater and more execrable is the Blaſphemy, which crime extends even to prophane Oaths, curſes, and execrations, falling under the Title of Blaſphemy.

For corporall and capitall puniſhments inflicted by Chriſtian Princes and Magiſtrates againſt Blaſphemers, and execrable Curſers and ſwearers, I ſhall trouble you only with theſe inſtances.

The uuCent. 4. cap. 7. Col. 545Century Writers record, That Conſtantine and other Godly Emperors in the 4. Century after Chriſt, did by civill edicts and puniſhments repreſſe the Blaſphemies of Haeretickes.

xxAuthent. Col. 6. Tit. 5. & Novel. l. 2. Tit. 29. Cent. Mag. 6. c. 6. col. 444.Iuſtinian the Emperor puniſhed ſuch with death and capitall puniſhments, who ſwore by any Member of God, or by Gods Haires, or blaſphemed God.

yySurius Concil. Tom. 3. p. 6. Leges Wiſigothorum l. 12. Tit. 3. lex v…apud Frid. …indeb…ogum … ▪ 22….Titus 3The 12. Councill of Toledo in Spaine. Can. 9. confirmes the Lawes publiſhed by King Eringius, whereof this was one, de Blaſphematoribus ſanctae Trinitatis, which runs thus.

Sicut veritas ſacri Evangelij praedicat, prolatum in fratrem contumeliae ver▪ bum, judicio reum adſignat, quanto magis peccantem in Spiritum ſanctum divina p. 71animadverſionis ſententia dampnat, quod irremiſſibile hic & in futuro Salvator ipſe denunciat. Et ideo ſi quis Chriſti filij Dei blaſphemaverit nomen, ejuſque ſacrum corpus & ſanguinem aut contempſerit ſumendum percipere, aut parceptum viſus fuerit rejeciſſe, vel quamlibet injuriarum blaſphemiam in ſactam dixerit Trinitatem, id eſt in Patrem & Filium, & Spiritum ſanctum: tuncinſtantia ſace dotis vel judicis, in cujus civita…e, …ſtro vel territorio hoc malum exortum fuerit, blaſphemator ipſe centenis decalvatus flage… ſ…j…ceat▪ et ardua in vinculis conſtitutus; perpetui exilii conteretur aerumna: Res tamen eius inpoteſtatem Principis redacte manebunt, qualiter in iure eorum, cui eas poteſtas conferre elegerit inconvulſe perſiſtant.

The Emperours, Charles the Great and Ludovicus Pius, promulged this Law[z] Bochell… Decret. Eccleſ. Gal. l. 8. Tit. 13 c. 12. p. 1205. Capit, Car. & Ludovici lib. 6. Tit. 10… apud Frid. Lindeb p 995. againſt Blaſphemers; z Si quis quolibet modo blaſphemiam in Deum jactaverit, ab Epiſcopo vel comite pagi ipſius carceri uſque ad ſatisfactionem tradatur, & publica paenitentia mulctetur, donec precibus proprii Epiſcopi publicē reconcilietur, Eccleſiaeque gremio canonice reddatur.

And the Emperour Ludovicus made this more ſevere and capitall Law againſt Blaſphemers. aaLudovici Imper. Capit. Additio. 3. Tit. 52. apud Lindebrogum. p. 1164.De Blaſphemia in Deum. Si quis quolibet modo blaſphemiam in Deum iactaverit, a prafect… urbis ultimo ſupplicio ſubiiciatur; qui vero talem cognoſcens non manifeſtaverit, ſimiliter coerceatur. Si praefectus urbis haec punire neglexerit, poſt Dei iudicium noſtram indignationem incurrat.

The Emperour Frederick the 2d. enacted this Law againſt Blaſphemers, that their Tongues ſhould be cut out. bbConſtit. Sicularum l. 2. Tit 8 apud Frid. Lindebrogum. p 811.Blaſphemantes Deum & Virginem glorioſam linguae maliloquae mutilatione punimus.

St. ccGaguinus l. 7. Cent. Magd. 13 c. 6. Col. 672Lewis King of France when going out of the Palace he heard a… Blaſphemour filthily abuſing the name of God, commanded his lips to be branded with an hot Iron.

King ddBochellus, Decreta Eccleſ. Gal. l. 8. Tit. 13. c. 24.Philip the 6. of France called Valoyes, enacted this Law againſt Swearers and Blaſphemers; An. 1347. Volumus & ordinamus, ut ille vel illa quae Deo vel beatae Mariae virgini malidicere preſumpſerit, aut turpe ſeu vile iuramentum fecerit, pro prima vice ponatur in pilorio, inibi ab hora prima uſque ad nonam permanſurus; ad cuius oculos proiici valeant lutum & alias inmunditias, abſque tamen lapidibus, vel aliis rebus eum laedentibus; deinde vero ad panem & aquam abſque quavis alia re per menſem demorabitur. Si autem ipſum ſecundo ricidire contigerit: volumus quod in die mercati ſolemnis rurſus in pilorio conſtituatur, ipſiuſque labium ſuperius cum ferro calido taliter ſcindatur, quod dentes eius apareant: Tertia vero vice; labium inferius, & quarta vice totum bilabium. Quod ſi per miſeriam eius quinto id ſibi contigerit, volumus quod in totum ſibi lingua praeſcindatur, ut Deo & alteri deinceps maledicere non valeat. Ordinantes inſuper, quod ſi aliquis praedicta mala verba audiverit▪ & incontinenti Iuſticiae revelare noluerit, ſuper eum poſſit emenda uſque ad ſummum 60. librarum levari; Si tamen talis adeo pauper fuerit, quod pecuniam antedictam non poſſit exolvere, in carceribus, donec ſufficere debeat ad ſatisfaciendum emendae predictae, detineatur.

Charles the 7 of France. An. 1460. Henry the 2. of France An. 1546. Charles [e] Bochellus Decreta Eccleſ. Gal l. 8. Tit. 13. c. 25. p. 1207.the 9. and the Eſtates of Orleans. Artic. 35. An. 1585. and King Henry the 4th. of France, An. 1534. enacted theſe ſeverall Laws againſt Swearers & Blaſphemers. p. 72We inhibit and defend all perſons of what eſtate, quality and degree ſoever they be, to renounce, grieve, diſpight or blaſpheame, or uſe any other villanous and deteſtable ſpeeches againſt the honour of God and his holy Mother, upon paine to be condemned for the firſt offence at ſuch a fine as the Iudge ſhall think fit to aſſeſſe, one part whereof ſhall accrue to the King, the other to the fabrick of the Church▪ the third … the enformer; and for the ſecond, third, and fourth offence▪ … …e ſhal be doubled, trebled, and quadruplied, and for the … o…ence he ſhall be impriſoned eight houres, and there be liable to all the crimes, villanies and obloquies that any will caſt upon him, and ſhall make ſuch further amends as the Iudge ſhall arbitrate: and for the ſixt offence he ſhall be ſet on the Pillory and there have his upperlip branded with an hot Iron, ſo as his Teeth may appeare. And for the 7. offence he ſhall be brought and ſet on the Pillory and there have his lower lip branded with an hot Iron. And if he ſweare and offend any more, he ſhall have his Tongue cut off.

The Council of Lueran under Leo, the ninth Seſſ. Tit. Reformationes curia et aliorum; to aboliſh execrable blaſphemy which then out of meaſure prevailed[f] Sairus Concil. Tom. 4. p. 634. 635. to the greateſt contempt of Gods name, and of his Saints, ordained: That whoſoever ſhould openly or publikely curſe God, or blaſpheame the name of Ieſus Chriſt, or of the Glorious Virgin with contumelious and obſcene words, if hee were a publike Officer or had juriſdiction, he ſhould for the firſt and ſecond offence, forfeit all the profits thereof for three Monthes, and for the third, be deprived of it. If a Clergy man, he was to forfeit one whole yeares profits of al his Eccleſiaſtical livings for his firſt offence: For the ſecond, to be deprived of his Living if he had but one benefice, & of which benefice the ordinary pleaſed if he had more then one: And for the third offence upon conviction, to be deprived of al his dignities and benefices, and made uncapable to retaine them. But a Layman blaſpheming, if he be a noble man, ſhall for the firſt offence pay 25. Duckets, and for the ſecond offence fifty, to be beſtowed on the fabrick of the chiefe Church in the City: and for the third offence ſhall looſe his Nobility: If an ignoble perſon or plebeian, he ſhal for the firſt offence be impriſoned; if hee ſhall above twice publikely blaſpheame, he ſhall ſtand for an whole day together before the Dores of the principall Church with an infamous Miter on his head: If he ſhall lapſe againe into the ſame ſinne, he ſhall be condemned unto perpetuall priſon, or to the Gallies at the pleaſure of the Iudge. In the Court of Conſcience, he that is guilty of Blaſphemy cannot be abſolved with out Greivous penance. And we further ordaine, that ſecular Iudges who ſhall not as much as in them lies puniſh thoſe who are convicted of Blaſphemy with juſt puniſhments, ſhall be ſubject to the ſame puniſhments as the Blaſphemers themſelves, as guilty of the ſame ſinne. And all that ſhall heare any to blaſpheame are enjoyned to informe againſt them, by this Councells decree. ggHolmſhead p. 1299, 1354. S…ow p. 635. 697. C…ndems Elizabeth p. 285.Hamant and Lewes, as well for their execrable Blaſphemies, as Hereſies, were By the very common Law, without any Statute, condemned and burnt in Queene Elizabeths Raigne at Norwich; and no doubt Blaſphemers may be indicted and puniſhed by the common Law, with death, as well as Heretickes and Apoſtates, for ope… execrable blaſphemy.

By the Statute of 21. lac▪ …. 20. all prophane ſwearers and curſers ſhall forfeit p. 73twelve pence for every Offence and Oath, to be levyed by diſtreſſe for the uſe of the poore; and ſit in Stocks for three houres, if no diſtreſſe be to be had if the Offendor be above twelve yeares old; and to be whipped publikely if under. Too ſmall a puniſhment (as ſome conceive) for ſo execrable a ſinne▪ By the late hhArticle. 1. 2Articles of Warre for the conduct of our Armies under the Earl of Eſſex and Sir Thomas Fairfax, All Blaſphemers of the Trinity, or any of the Articles of the Chriſtian faith are to be boared through the tongue with an hot Iron; and ſome have beene ſo puniſhed in our Armies for their Blaſphemies; which Articles likewiſe puniſh ſwearing with loſſe of pay, and the like.

I ſhall cloſe up theſe Lawes with ſome further examples of ancient, Godly, politick Lawes for the puniſhment of Swearing and Blaſphemy, gathered out of divers Authors by our learned Thomas Becon, printed cum privilegio at the end of his iiIn his Workes, vol 1. …. 224. 225.Invective againſt ſwearing.

King kkWaldenus in quodam ſ… mone.Henry the 5th. made a Statute for Swearers in his owne Pallace, that if he were a D…ke that did ſweare he ſhould forfeit for every time 40. s. to the ayding of the poore people. If he were a Lord or a Baron, 20. s. If he were a Knight or an Eſquire 10▪ s. If a peaſant or meane man, then to be ſcourged naked either with a Rod, or elſe with a Whip.

King Edward made this Law, that they which were proved once falſely forſworne, ſhould for ever be ſeparated from Gods Congregation.

llHector Boetius in hiſtoria Scotorum.Donaldus King of Scots made this Act, within his Land, that all Perjurers and common ſwearers ſhould have their lips ſeared with a burning hot Iron.

This Law aforeſaid did Saint Lodouicke King of France enact alſo and put it once into proſecution at Paris upon a Citizen there, for blaſpheming the name of Chriſt unto the example of other, and ſo cauſed it to bee proclaimed throughout the Realme for a generall puniſhment.

mmVincentius in ſpeculo hiſtoria… 1.Phil. King of France whomſoever he perceived to blaſpheame the name of God either in a Tavern or any where elſe; yea although he were a great man of dignity, commanded, that he ſhould be drowned, And cauſed a ſtrong act to be made of it a little before his death, and left it unto his ſucceſſors.

nnIac…bus Majerus …a… ch…n cis FlandriaePhilip Earle of Flanders made this conſtitution with in his Earldome, in the yeare of our Lord M. l. xxiij. that he that did forſweare himſelfe ſhould looſe his life and goods.

ooIn Paralip re…um mem… rabi…ium.Maximilianus the Emperor made alſo a decree, that whoſoever he were that was a common ſwearer, ſhould for the firſt time loſe a marke; And if hee were not content with that, he ſhould looſe his head: which act he and the Nobility of the Empire, commanded to be publiſhed foure times in the yeare, at Eaſter, Whitſunday, Aſſumption of our Lady (as they called it) and Chr…ſtm…s. The Law of the qqLex Scy…-Iohannes … mus Hiſt…riarum. l. 1Egyptians was, that no ſwearing ſhould be uſed among them at all, except it were for a weighty cauſe, if any were found to be perjured, the ſame ſhould looſe his head.

The Law among the Sythians was, that if any among them could be proved to be a notable ſwearer, or ſuch a one as would forſweare himſelfe, the ſame being convict therof, ſhould without tarriance not only looſe his head, but his goods alſo, which they ſhould have that proved him perjured.

The rrLex Romanorum in Lege 12. tabularum.Romans had a Law, that all ſuch as were found to be perjured, ſhould be p. 74throwne downe head-long from the top of a high Rock called Tarpejus.

ſſExod. 20.Exod 20Thou ſhalt not take the name of the Lord thy God in vaine, for the Lord will not hold him guiltleſſe that taketh his name in vaine.

Eccle. 23.Sir 23Let not thy mo…th be accuſtomed with ſwearing, for in it there are many faults, &c. like as a ſervant which is oft puniſhed cannot be without ſome ſore, even ſo whatſoever he be that ſweareth and nameth God [in vaine] ſhall not be cleane purged from ſin; a man that uſeth much ſwearing ſhall be filled with wickedneſſe, and the plague ſhall never go from his houſe.

The words of the ſwearer bringeth death [God grant that it be not found in the houſe of Iacob] but they that feare God, eſchew all ſuch and lye not weltring in ſin.

The Councell of Ioſephus is this, that he which blaſphemeth God and unreverently uſeth his name ſhould be ſtoned unto death, and then hanged up by the ſpace of one day, and ſo taken downe, and buried without all manner of honour: Diverſe other moſt noble Princes made divers other moſt holy Lawes, for the eſchewing of Cuſ…omable ſwearing and perjury. Would God that theſe their moſt Godly Acts might either be renued among Chriſtian men, or elſe ſome other deviſed for the aboliſhing and putting away of the moſt wicked and deteſtable cuſtome of ſwearing, every Prince as he ſhall think moſt convenient for the ſtate of his Realm…: Lawes are made, and penalties appointed for divers meane things which only concerne worldly matters, why then do not Chriſtan Princes alſo make Lawes, Acts, and Decrees for the glory of God, that his name may be had in honour and reverence, as moſt worthy of all it is? Worldly matters may not ſo be eſteemed, that things pertaining to the glory of God and the ſalvation of Chriſtian mens ſoules ſhall be neglected; For Rulers are appointed of God, not only to looke upon mundaine and worldly, but alſo divine and ſpirituall matters. And it is their duty no leſſe to tenderNOTE the glory of God, and to make Acts concerning the ſame, then to ſee to the publike tranquillity, … that all things decent & comly for an honeſt outward Order be maintained, preſerved and kept. And as they are the ſupreame head & chiefe Rulers both of the ſpiritualtie, and temporaltie, ſo ought they to travaile no leſſe in Spirituall then in Temporall matters. Looke what enormities wickedneſſes, ungodly Cuſtomes, ſuperſtitious and unrighteous manners, &c. reigne in Realmes, all theſe ought to be aboliſhed and put away by the worldly Potentates and carthly Rulers. God grant that we may ſee it ſhortly, not only in this Realme, but in the Kingdome of ſo many as profeſſe Chriſt.

He concludes thus.

Let the Rulers of the Common Weale finde … againſt ſwearing … 21, 2…6.ſome honeſt remedy, that the nam… of God be no more blaſphemed among their ſubjects: Let them conſider how loath they are, that they themſelves ſhould be evill ſpoken of and blaſphemed. Let them we…h with themſelves, how much God excelleth them, and how farre his dignity excelleth their dignity. If any man defaceth their renowne, they are puniſhed ſt…aightwayes, and not without a cauſe. But how chanceth it that the Lord of a… Lords, and King of all Kings is no more feared? How comes it to paſſe that his moſt holy, and bleſſed name is ſo univerſally blaſpheamed, yea and that freely and without puniſhment? Were it not think you, convenient, that the p. 75Civill Majeſtrates ſhould earneſtly provide, that the name of God might have his due honour, and that it might no more be abuſed with abominable and unlawfull Oaths in their Realmes, but praiſed and magnified, ſeeing that by it we obtaine all our health and ſalvation? God by his holy ſpirit might vouchſafe to breath into the hearts of all Princes, Kings, and Rulers, that when they be Godly aſſembled together for matters concerning the glory of God and the publike weale, they may alſo entreate of this thing in their Synods, Congregations, Parliaments, Councells, &c. That God may be glorified, and his moſt bleſſed name exalted of all Nations from the Eaſt to the Weſt; By this meanes ſhall they not only expulſe vice and make their Realmes to fluoriſh with virtue unto the great glory of God, and the high conſolation of all the faithfull, but alſo they ſhall acquire and get to themſelvs a Crowne of immortall glory for ever and ever.

How Blaſphemy and prophane ſwearing, and curſing have beene puniſhed by the Decrees of Councels and the Canon Law, with excommunication, penance, deprivall of Chriſtian Buriall. & the like, you may read at large in Bochellus, Decreta Eccleſiae Gallicanae lib. 8. Tit. 13. throughout: Summa Angelica & Summa Roſella Tit. Blaſphemia, Lyndewode, Provi. Conſt. lib. 1. de Officio Archipresbyteri, cap. 1. f. 40. …. Gratian: Diſt. 22. Sylveſter, Tit. Blaſphemia. Tho. Zerula Praxis Epiſcopalis Pars. 1. verbo Blaſphemia f. 38. …. pars. 2. f. 15. Antonij Corſet Repertorium in Abbatem, Tit. Blaſpemans, Hoſtienſis Summa lib. 5. Tit. de maledicis, fol. 460. &c. who all accord likewiſe, that this ſinne may and ought to be puniſhed not only by the Eccleſiaſticall, but alſo by the temporall Magiſtrate, and that with impriſonment, confiſcation of goods, fines, branding, and capitall puniſhments, which ſundry Councills and Canoniſts earneſtly importune the temporall Magiſtrates to inflict upon Blaſphemers. Sir Ed. Cooke in his 5. Report, f. 8. 9. of the Kings Eccleſiaſticall Law, concludes: That Blaſphemy, Apoſtacy from Chriſtianity, Hereſies, and Schiſmes, are to be decided and determined by Eccleſiaſticall Iudges, according to the Kings Eccleſiaſticall Lawes of this Realme; and no doubt they may be puniſhed by the very Common Law it ſelfe by way of indictment, as in the caſe of Hamant and Lewis forecited.

I ſhall cloſe up this, with the words of Iſychius; in Levit. l. 7. c. 25. x Audivimus, quemadmodum de caſtris eduxit eum, qui Blaſphemavit, lapidibus que [x] Bibl. P… trum Tom. 7. p. 109.eum opprimi praecepit: Propterea indignationi et opus addidit, et legem tibi etiam experimento ipſo confirmatam oſtendit, ut et tu-blaſphemare Deum timeres, illam timens peccati magnitudinem, cum non ſolum Principes, ſed et omnem multitudinem vindicatio praecepit. Communis enim debet omnibus contra Blaſphem…s pugna, quia communi noſtro benefactori, communi noſtrae NOTA▪vitae, ex quo omnes eſſe, et bene eſſe habemus, detrahere tentant; ejus quidem gloriae nihil nocentes, nos autem ab eo ſeperare et expellere volentes.

You have now heard how Herely, Apoſtacy, Blaſphemy, Schiſme and ſuch who are guilty of them, have bin reſtrained, puniſhed by Temporall Lewes and puniſhments in all ages. I ſhall only adde theſe few conſiderations to ſet the greater luſtre and authority upon the recited L…ws, Puniſhments▪ and proceedings againſt obſtinate ſeducing Heretickes, …, and Blaſphemers. Firſt, that they were generally made and ſeve…rely executed by the moſt pious, p. 76Religious and zealous Emperors, Kings, Princes, ſtates in the ages when they lived, out of their piety, great zeale, love to God and Chriſtian Religion; not by ſuch as were irreligious, prophane, careleſſe of Gods worſhip, or of a perſecuting diſpoſition.

2ly. That they were made at the deſire and earneſtrequeſt of the moſt godly, pious, Orthodox Councells, Biſhops, Miniſters and zealous Chriſtians living in the times wherein they were enacted: witneſſe the Epiſtles & Decrees of the ſecond zzSozomen Eccl. Hiſt. l. 4. c. 13 Socra…es l. 5. c. 8. 10. Surius Concil. Tom. 1. p. 483 484 617 Nicephrorus Eccl. Hiſt. … 12. c. 13.generall Councell of Conſtantinople to Theodoſius the Elder, of the councell of aaSurius Concil. Tom. 1 p 434 435. Nicepho. …l. 9 c. 40. 41.Ariminum to the Emperor Conſtantius, of the bbSurius Tom. 1. p 616. 617.councell of Africk to the Emperor Honorius Can. 25. to 61. of the c Biſhops and Clergy in the third generall Councell of Epheſus to Gallimar King of …erſia, and Theodoſius the Emperor. The Epiſtles of Lev the firſt, to the Emperors Theodoſius, Martianus and others. Epiſt. 9. 13. 14. 38. 39. 23. 44. 50. 58. 91. Auguſtine Epiſt. 48. 50. Gratian cauſ. 23, …. 3. 4. with ſundry others:

3ly. That they were generally ddSee Auguſt Contr. lit. Petil l. 2. Contr. Creſconium Gram. l. 2 Epiſt 48. 50. 15…. to 170 Gratian Cauſ. …3. q. 3. 4. Euſeb. de vita Conſtan l. 3. c. 6….applauded by all, oppoſed and writ againſt by none for ought we find, as contrary to the word of God, and the Government under the Goſpell, but only by the …actious and ſeditious Donatiſts.

4ly. That Gods bleſſing on theſe Lawes & the ſevere putting them in execution, was the principall meanes to eeSee Euſe… de vita Conſtantinil. 3 …. 64. Nubri… l. 2. c. 13 … 1. Epiſt. 39. Auguſt. Epiſt. 48 50.ſuppreſſe, extirpate the Hereſies and Schiſmes of the Arians, Pelagians, Maniches, Donatiſts, Euticbeans, and the like, which abounded in thoſe times, when preaching and diſputations would not do it: yea, that which ſtopped the propagation of them to poſterity, with the growth and ſpreading of them for the preſent, in thoſe ages, as all Eccleſiàſticall Hyſtoriaens evidence.

And although it be moſt certaine that all the Lawes and puniſhments in the world ffPſal. 2. Act. 4. & 5…. 8. 4. &c. Daa. 2 4…. …5. c. 4… 34. …. 14. 27. Mich. 4. 7. Lue. …. 3…. 33.Ps 2Acts 4Mic 4:7cannot ſuppreſſe the true faith and Doctrine of Ieſus Chriſt, nor hinder the prevailing progreſſe of it, which commonly ſpreads faſteſt under the hotteſt perſecutions; yet it is moſt true, that execrable Hereſies, Errors, Blaſphemies and Schiſmes contrary to Gods word, may be and alwayes have beene ſuppreſſed, yea extirpated by temporall Lawes and puniſhments in all Ages, when no other meanes could prevaile to do it; and where ſuch Laws are moſt ſeverely executed, there Hereſies, Errors, Schiſmes, blaſphemies, either break not out at all, or are ſoone ſuppreſſed, and never grow Epidemicall, or of long continuance.

From all which Lawes and conſiderations, I ſhall deduce this Argument, as auxiliary to the former.

Thoſe things which the moſt pious, zealous, and devout Emperors; Kings, Magiſtrates, States, even at the prayer or requeſt of the moſt holy, Orthodox learnedeſt Councells Biſhops, Clergy-men, and with the generall approbation, and deſire of the beſt and moſt Zealous Chriſtians, (with very good ſucceſſe to the publike tranquility, peace of the Church, and preſervation of the Chriſtian faith in purity) have by their Lawes and ſanctions puniſhed with corporall, or Capitall puniſhments in all, or moſt Ages and Realmes where there were any Chriſtian Emperors, Kings, States, Magiſtrates, all▪ Chriſtian Princes, Magiſtrates, Republikes may with ſafe conſciences and good ſucceſſe puniſh' yea cenſure now, and ought to do it.

p. 77But the moſt pious, zealous & devouteſt Emperors, Kings, States, Magiſtrates, at the prayer and earneſt requeſt of the moſt holy, Orthodox, learnedeſt Councells, Biſhops, Clergy-men, and with the generall approbation, deſire of the beſt and moſt zealous Chriſtians, (with very good ſucceſſe to the ſettlement of the peace of the Church, and preſervation of the Chriſtian faith in purity,) have by ſevere Lawes and ſanctions puniſhed Hereticks, Apoſtates, ſeducing falſe Teachers, Blaſphemers, and obſtinate dangerous Sciſmatiks, with corporall or capitall puniſhments, in all or moſt Ages, Realmes, States where there were any Chriſtian Emperors, Kings, States, Magiſtrates, as the premiſes manifeſt.

Therefore Chriſtian Princes, Magiſtrates, Republikes may doubtleſſe with ſafe conſcience and like good ſucceſſe, puniſh them in like manner now; yea, and ought to do it, unleſſe they will be reputed leſſe pious, zealous or devout then they, or leſſe carefull of the publike peace and peoples ſoules then they have bin.

And thus much for the affirmative part. I now come to Anſwer the chiefe Objections lately made in Preſſe or Palpit to the contrary, eſpecially Mr. Dels, which are freſheſt in memory, and much relied on by his Independent party.

An Anſwer to the contrary Objections.

The Objections made to the contrary by our Oppoſite diſſenting Brethren, Libertins, Sectaries, Anabaptiſts, are deduced partly from Scripture, partly from reaſon. Some of thoſe from Scripture I have already anſwered in the premiſes, as they lay in my way. I ſhall now propound and anſwer thoſe only which remaine, taken almoſt verbatim from the Donatiſts and old Anabaptiſts.

The firſt Objection is, from the **Auguſtine de Baptiſm. contr. Donatum l 4. Contr. Literas. Petil. l. 2 c 90. Contr Creſconium Gram. l 2. c. 3. 4▪Parable of the Tares, Math. 13. 24. to 31. & 36. to 43. Where when the Servants would have gone and gathered up the Tares out of the Wheate, before the Harveſt, the houſhoulder ſaid, Nay; leaſt whiles ye gather up the Tares, ye root up alſo the Wheat with them: Let both grow together Vntill the Harveſt, and in the time of Harveſt, I will ſay to the Reapers, gather you firſt the Tares together, and binde them in bundells to burne them, but gather the Wheat into my Barne: Which Harveſt Chriſt interprets to be the end of the World, and the Reapers to be the Angells, v. 39. Whence they inferre, that Hereticks, Schiſmaticks, falſe Teachers and Blaſphemers being Tares, muſt bee let alone to grow among the Wheat, and not pulled up nor rooted out by the Majeſtrate, till the Harveſt at the end of the VVorld; and then only to be gathered by the Angells into bundells, and …ſt into Hell fire, but notto bee burnt or puniſhed here by the civill Powers. So the **Lucas Ohander Enchirid Contr. cum Anabaptiſtis. c. 9. q 4. p. 220Donatiſts and **Lucas Ohander Enchirid Contr. cum Anabaptiſtis. c. 9. q 4. p. 220Anabaptists.

To this, I anſwer, Firſt, that this being but a parable, the whole ſcope of it muſt be obſerved, elſe no lolid Argument can be deduced from it: Now the whole drift of this Parable, is only to ſhew, there ſhal not be a total ſeparation of all the Tares from the Wheat, all the ſheep from the Goates, all the Reprobate from the elect, all the Children of the wicked & the Devill, from the Children of the Kingdome, till the day of judgement at the end of the World; as is undenyable by Chriſts owne expoſition of it, v. 27. to 34. by that other Parable of the net, v. 47. to 50. and by Math. 25. 31. to the end 2 Theſ. 1. 8. 9. 10. Iude 14. 15 Re. 20. 12. 13. 14. 15. c. 22. 14. 15. compared. The only argument then which can be p. 78properly deduced from this Parable is this. God will not make a totall ſeparation of al wicked men from the good, of all Tares and Children of the Devill, from the VVheat and children of the Kingdome in this world; nor gather together all the wicked, and caſt them into a Furnace of fire, where ſhall be weeping and gnaſhing of Teeth, till the end of the World.

Ergo, Chriſtian Princes and Magiſtrates muſt tolerate all Hereticks, Sciſmaticks, falſe Teachers, Apoſtates, Idolaters, and execrable Blaſphemers in the Church, and not puniſh, extirpate, burne or cut them downe with the ſword of Iuſtice, till the generall day of Iudgement at the end of the World.

If this Argument hold good, marke then the neceſſary abſurd conſequenſes which will likewiſe follow from it. Firſt, that no Traytor, Murtherer, Robber, Theefe, Sodomite, nor hainous Malefactor whatſoever, muſt be once medled with, puniſhed, or put to death by the Magiſtrate in this world, but all tollerated and let alone till the end of the World, and reſerved only to Gods Iudgement, and eternall puniſhments in Hell; becauſe the Tares here **See Chriſoſtom Theephila…t. Hyero nimu…, Cyprian, Auguſtine, Beza Luther Bu…er Marlorat. Mr. Rutherfords, due right of Preſbyteryes p. 359. 360. Belarmin lib. 3. De. Laicis c. 22. Pamelius in Epiſt. 52. Cyprian Aunot 78.are all the Children of the Devill, and wicked one of whatſoever kind (not Hereticks, Schiſmaticks, Apoſtates falſe Teachers and Blaſphemers only) as is cleare by v. 38. 39. 40. 41. And if no Tares muſt be pulled up, no offendors whatſoever puniſhedby Kings and civill Majeſtrates till the worlds end, then what will become of the Magiſtrates Office, power, of humane ſociety it ſelfe, of all States, Republikes which cannot poſſibly ſubſiſt, when all capitall offendors of all ſorts muſt be left unpuniſhed, unreſtiained. If this bee our oppoſites reall poſition let them ſpeak it out in plaine Engliſh, and then the world will eaſily diſcover what Libertines, what ill Stateſmen, and black Saints they are.

2ly. Then Parents muſt not correct their Children, Maſters their Servants, Schoole-Maſters their Schollers, Superior military Officers, or a Councell of Warre, their Inferior Souldiers (which I hope they doe, or ſhould do in all Armies,) but they muſt be let alone till the day of Doome, or the worlds end without puniſhment; and then what will become of all Families, Schooles, Armies: yea what Monſters of impiety would Children, Servants, Souldiers prove in a very few yeares ſpace?

3ly Then it wil neceſſarily follow, that the Objectors of the Separation have xxSee Cyprian Epiſt. l 4. Epiſt. 2.no ground at al to ſeparate from us, becauſe ſome Tares grow in our Churches, and we have mixt Congregations & Communions, the things they ſo much declaime againſt; and muſt be really guilty of obſtinate Schiſme: for if the Tares and Wheate muſt grow together till the Harveſt, and not be ſeparated till the end of the world, and that by the Angells, then why or how can they ſeparate themſelves from our publike Congregations now, becauſe they have ſome Tares which grow among the wheat? Yea, why will they (as they pretend at leaſt) ſuffer no Tares to grow within their ſeparate fields & Congregations here, but gather and caſt them quite out of their Congregations, Troopes, Regiments, who muſt all conſiſt wholy of viſible Saints and Children of the Kingdome? If both muſt and will grow together till the Harveſt, why do they not permit them to grow together in their Conventicles, where I feare moreObject. T… do grow and are …own then in our publik Aſſemblies? If they Object, they …ſt grow together in the field, which Chriſt interprets to be the world v. 38. p. 79not in the church, which is not the world: I anſwer, Firſt, that the world hereANSVVER. is not put in oppoſition to the church, but for it, as including it; for it is put for the world, and field wherein there are Tares mingled with the Wheate, and the Children of the wicked intermixed together with the Children of the Kingdome; Now if you take the world here in oppoſition or contradiſtinction to the church, then there can be nothing but Tares in it, and no Wheat nor children of the Kingdome, which grow only in the church, not in the world as diſtinct from it. Therefore this evaſion will not avoid the objection, nor juſtifie their ſeparation, no more then the Donatiſts of old, as Auguſtine proves at large againſt Creſconius, the Donatiſt, out of Cyprian and others; concluding thus. **Contr. Creſc…ium l. 2. c. 34, 35, 36, 37. 38.Si videntur in Eccleſia eſſe zizania, non tamen impediri debet, aut fides, aut charitas noſtra, ut quoniam zizania eſſe in eccleſia cernimus, ipſi de eccleſia recedamus, Nobis tantummodo laborandum eſt, ut frumentum eſſe poſſumus, ut cum caeperit frumentum dominicis horreis condi, fructum pro opere noſtro & labore capiamus. Apoſtolus in Epiſtola ſua dicit, In domo autem magna, non ſolum vaſa ſunt aurea et argentea, ſed et lignea & fictilia, et quaedam quidem honorata, quaedam inhonorata: nos operam demus, ut quantum poſſimus laboremus, ut vas aureum et argenteum ſumus.

2ly. The Church is in the field of this world, and there noware, have bin, and ever will be in the moſt pure and perfectly reformed churches, chaffe and Tares, as well as Wheat; Gotes, as well as Sheepe; yea, more children of the wicked one, then children of the Kingdome, and they neither can nor ſhall be totally ſevered till the Harveſt at the worlds end; wherefore your ſeparation from our parochial churches, becauſe they are mixt, and are not all reall and viſible Saints but have ſome Tares among them, is point blank againſt your owne argument from this parable, and to the text it ſelfe.

3ly. If your ſeparation from our churches, becauſe there are Tares growing in them with the VVheat, and your caſting out from your ſeparate congregations, …uch as you deeme Tares and Gotes, be juſtifiable, then the civill Majeſtrate may and muſt, by the ſame reaſon, puniſh, baniſh, root, & caſt ſuch out of their chriſtian Republiks; there being no ground why the Majeſtrate ſhould admit ſuch to grow together with the wheat in the field of the chriſtian State or church, when as the Eccleſiaſticall Officers ought not to ſuffer them in their particular churches; ſo as this Parable contradicts your owne practiſe of ſeparation, and this your objection from it, againſt the civill Magiſtrates power.

2ly. To anſwer more particularly: the Objectors may with better probability ague hence, that Husbandmen muſt not weed their corne nor pluck up the Tares that grow together with it before the Harveſt corne (which would be ſtrang new-light, new doctrine to all good Husbandmen living in the country,) becauſe this Husbandman bid his Servants here, let the Tares alone till the Harveſt, leaſt they ſhould pluck up the wheat together with them; as conclude hence, that Hereticks, Schiſmaticks, Idolaters, Blaſphemers and the like, are to be tollerated, and not puniſhed, nor rooted out by the civill Magiſtrate, but let to grow untill the end of the world when the generall Harveſt comes. Firſt, becauſe the Tares here ſpoken off, are all ſorts of wicked men whatſoever, and all Children of the Devill living in the world collectively conſidered; p. 80not ſuch or ſuch particular peſtilent Heretickes, Schiſmaticks, falſe Teachers, Apoſtates, or Blaſphemers, who are more miſchievous and notoriouſly obnoxious then others▪ ſo that the argument hence is only this.

All Tares and wicked men ſhall not be rooted out and ſevered from the wheat till the end of the world and the laſt Iudgement.

Ergo no peſtilent ſeducing Hereticks, Schiſmaticks, falſe-teachers, or execrable Blaſphemers are to be puniſhed and rooted out by the Chriſtian Magiſtrates now, but muſt all be left unpuniſhed till then, though they do never ſo much preſent miſchiefe.

Thirdly the Servants here, that would have gathred up thoſe Tares before the Harveſt, were not the civill Magiſtrates, but rather the Miniſters of the Goſpell, who have no power to root them up with ciuill cenſures, and capitall puniſhments, but only by the word of God: ſo as the Argument hence can be no other then this, if truly propounded. Miniſters of the Goſpell muſt ſuffet the Tares and wheat to grow together till the Harveſt, becauſe they have no power to roote them out by civill puniſhments.

Ergo Magiſtrates and Chriſtian Princes, who by Gods appointment have the ſword and Sickle of Iuſtice in their hands, muſt alſo ſuffer them to grow untill the Harveſt at the worlds end, and not root any of them out, or cut them downe till then.

Fourthly there is a double Harveſt and cutting downe of Tares; Firſt, a particular Harveſt here; and that is when mens hhRev. 14. 15 16 Ioel. 3. 13. Gen. 15. 16 Ier. 24. 2, 3, 8, 9. 10 Nah 3. 12Rev 14:15Joel 3:13Gen 15:16Jer 24:2Jer 24:3Jer 24:8Jer 24:9Jer 24:10Nah 3:12ſinnes are ripe and growne to maturity, crying out for the Majeſtrates ſword, and ſickle of Iuſtice to root up and cut them downe. And in this Harveſt the chriſtian Magiſtrates are, and ought to be the reapers, in cutting them off with corporall and capitall puniſhments. Secondly a generall harveſt at the laſt day, when all the Tares and Reprobates ſhall be cut downe and gathered together, and thrown into hell fire for all eternity; and in this harveſt, iiMath. 13. 39. 41. 49. c. 24 31.Matt 13:39Matt 13:41Matt 13:49the Angells only are the reappers not the civill Magiſtrates, which harveſt only is here intended: So as the argument hence muſt bee only this.

God doth not cut downe, gather nor bundle up together, nor caſt into hell fire for all eternity by his Angells, all the Tares and wicked men in the world, till the generall harveſt and judgement day at the worlds end. Ergo Magiſtrates muſt not cut downe or r…ot out any particular Tares: nor any ſeducing peſtilent Hereticks, Schiſmaticks, Apoſtates, Blaſphemers, Idolaters, Malefactors by corporall puniſhments here in this life.

Fifthly the reaſon here given for this letting the Tares alone, leſt whiles ye gather the **See Pamelius Annotat▪ in Epiſt. 52. Cyprian 1. Annot 78. p: 63tares, yee pull up alſo the wheat with them, intimates, only thus much to us: That when and where the Tares cannot be weeded out, without rooting up the wheat together with them, there both muſt grow together till the harveſt, otherwiſe not, where the Tares may be rooted out, without rooringSee Calum Mulorat, Bucer and Luther in Locum. up the wheat too. This rule holds good both in Husbandry, policy, and Divinity. Men will not weed their corne when and where they muſt of neceſſity root up all their wheat together with the Tares: yet when and where the weeds may be rooted up, without any hurt to the Corn, there none but very ill Husbandmen will ſuffer them both to grow together till the Harveſt, for feare p. 81the weeds ſhould ſpoile or overgrow the wheat. The argument then deduced from hence can be at moſt, but this

Magiſtrates muſt ſuffer the Tares of Hereſies, Sciſmes, and Blaſphemies to grow together with the wheat, only where they cannot root them out without pulling up the wheat together with them.

Ergo they muſt not extirpate them, when and where there is no danger of rooting up the wheat together with them, as now there is no ſuch danger.

When as the contrary concluſion followes; Ergo they ought now to roote them out, for feare the Tares ſhould corrupt the wheat, or turne it into Tares too, as **Annot. in Epiſt. 52. Cyprian Annot. 78.Pamelius well obſerves, and others on this place. I hope the objectors ſee by this time, how much this Parable makes againſt them, and that they will never object it for the future to ſo little purpoſe as hitherto they have done.

The 2. Objection is from Acts 5. 25 to 41. which becauſe Mr Iohn Goodwin, Object. 2…in his Theomachia, & kkSee the Reply of two of the Brethren to A. S. p. 60.others in print, and Maſter Hugh Peters in ſundry of his roving Sermons in the Pulpit, have of late ſo much abuſed, perverted to prove a toleration of all Sects, Hereſies, and ecclipſe the Authority of the Chriſtian Magiſtrate in ſuppreſſing Hereſies, falſe Doctrines, Sciſmes, by impriſonment, baniſhment, Interdictions, Fines, or any ſuch heterogericall meanes, (as they ſtile them) I ſhall recite and anſwer at large.

The Apoſtles being brought before the Councell for filling Ieruſalem with their Doctrine contrary to the Councels ſtrict command, not to teach in Chriſts name, Peter thereupon replyed; We ought to obey God rather then Man, &c. when they heard this they were cut to the heart, and took counſel TO SLAY THEM. Then ſtood there up in the councel, a Phareſee named Gamaliell, a Doctor of Law, had in reputation among all the people, and commanded to put the Apoſtles forth a little ſpace; and ſaid unto them; Ye men: of Iſrael, take heed to your ſelves, what yee intend to doe as touching theſe men, (marke his reaſons and examples whereon our Antagoniſts rely.) For before theſe dayes roſe up Theudas, boaſting himſelfe to be ſome body; to whom a number of men about foure hundred joyned themſelves; WHO VVAS SLAINE, and, AS MANY AS BELEIVED HIM VVERE SCATTERED and brought to nought: After this man roſe up Iudas of Galilee in the dayes of the taxing, and drew away many people after him: HE ALSO PERISHED. & ALL, even as many as obeyed him WERE DISPERSED. And now I ſay unto you REFRAINE FROM THESE MEN, AND LET THEM ALONE; for if this counſell or work bee of men, it will come to nought; bu…if it be of God ye cannot overthrow it, leaſt happily ye be found, even to fight againſt God. And to him they agreed; And when they had called the Apoſtles, AND BEATEN THEM, they commanded that they ſhould not ſpeak in the name of Jeſus, and let them go, From the latter part of Gamaliels adviſe, ou… llMr. Iohn Goodwins Theomachia. p. 11. 37. & Mr. Peters in ſundry Sermons.oppoſites conclude; That Chriſtian Magiſtrates ought to forbeare the oppreſſion, ſuppreſſion and reſtraint not only of ſuch perſons, Doctrines, wayes which men have any reaſonable cauſe at all to think, or judge, that they may be from God; but even the ſuppreſſion and reſtraint of Hereſies, Errors, Blaſphemies, &c. by impriſonment, Baniſhment, finings, and the like: and that ordinarily the ſmiting of the p. 82Shepheard or head of any Sect or Error, is the gathering together, ye…, the multiplication and increaſe of his ſheep: and ſo a grand Charter for the toleration of all Hereſies, Errors, Schiſmes, Blaſphemies, Hereticks, and Seducers, by the civill Magiſtrate.

To which I anſwer, that this Text, which the Anabaptiſts make uſe of to theAnſwer. ſame purpoſe as the objectors, warrants neither of theſe concluſions. For firſt, I might quarrell with the words themſelves, being not the ſpeech of any of the Apoſtles inſpired with the Holy Ghoſt, nor of any profeſſed Chriſtian, but of a Phariſee, a grounded wicked man and enemy of Jeſus Chriſt (as Mr. Peter… uſually ſtiles him, though he highly magnifies him afterwards) yea, of one who believed not in Chriſt, and doubted whether his counſell, work, and way were of God or not, as is evident by Verſ. 38, 39. and ſo no part of canonicall Scripture though recorded in it, no more then Rabſhekah his blaſphemies and railing ſpeeches, 2 Kings 28. 17, &c. 2 Chron. 32. 9. to 21. or the High Prieſts and Jewes falſe teſtimonies and invectives againſt Chriſt, Paul, and the other Apoſtles, Mat. 11. 9. c. 12. 24. c. 26. 60. 61. &c. c. 27. 63. c. 28. 11. to 16. Acts 2. 13. c. 24. 1. to 10. And although God in his providence made uſe of this advice for the preſent, to reſcue the Apoſtles from death, as he did of the Centurions and others to ſave Pauls life, Acts 21. 31. 32, &c. c. 22. 12. to 32. c. 27. 42. 43. yet it is no canonicall Scripture nor ſolid ground to raiſe any divine argument from, eſpecially to controll the expreſſe commands of God, and the undubitable canonicall Scriptures forecited.

Secondly, I anſwer, that both Gamaliels examples are contradictory to his and the objectors concluſion. The firſt example he inſtanceth in is, that of Theudas, who had about four hundred men of his ſeparate Congregation▪ (more then moſt of our Independent Miniſters have in their flock;) But what became of him? was he permitted to go on in his ſchiſme and ſeducement? No, for he was ſlain, as the Text expreſſeth: And was the ſmiting of this falſe ſhepheard, or head, the gathering together or multiplication of his flock, as Mr. Iohn Goodwin obſerves from hence? No ſuch matter, for the text is expreſſe▪ That all, as many as believed him, were ſcattered & brought to nought. **Antiq. Judaeorum, l. 20▪ c. 4.Ioſephus, **Eccleſ. Hiſt. l. 2. c. …. … Meredith Hammer … Chr… …logy.Euſebius, and others from them relate, that this Theudas was a Sorcerer, who ſtiled himſelf a Prophet (or Newlight) making his followers believe, that the river Iordan would divide it ſelf at his command: but he was met with and encountred with a great force at unawares, by Fadus, Lieutenant of Iudea, who ſlew many of his followers, took divers others of them alive; beheaded Theudas himſelf, and brought his head to Jeruſalem; not letting him, nor his ſeduced Proſelytes alone to God himſelf to deſtroy o… ſuppreſſe. What then muſt be the naturall inference hence, but this?

Theudas the falſe Prophet, who had raiſed four hundred followers, was ſlain by the hand of Juſtice, and al that believed him were ſcattered & brought to nought, by Fadus Lieutenant of Judea, and his forces.

Ergo, Hereticks, falſe ſeducing Prophets, obſtinate Schiſmaticks, and Blaſphemers, muſt be tolerated, and their congregations freely permitted, but not ſuppreſſed, diſperſed by the chriſtian Magiſtrate, nor puniſhed with any corporall or capitall puniſhments. Whereas the quite contrary followes from it.

The ſecond inſtance is that of Iudas of Galilee, who role up in armes againſt p. 83King Herod, and made an open rebellion, waſting the countrey with fire and ſword, as mmAntiq. I… daeorum, …. … c. 12.Ioſephus relates, and drew much people after him. Now what became of him? was he let alone? No, he alſo periſhed, and all, even as many as obeyed him, were not gathered together, and multiplied by the ſmiting of this Prophet and head (as Mr. Goodwin inferres point blank againſt his Text) but diſperſed by the Roman forces. So, that Egyptian Sorcerer, who ſtiled himſelf a Prophet, and drew 4000 men after him into the Wilderneſſe, Acts 21. 38. had like ſucceſſe. **De bello judaico, l. 2. c 12▪ Eccl. Hiſt. li. 2. c. 22.Ioſephus and * Euſebius write, that he drew at leaſt 30000 after him to Mount Oliver, intending to ſurprize Jeruſalem and exerciſe tyranny in it, both upon the Roman watch and the inhabitants; who therupon was * encountred and routed by Felix, and all his followers ſlain, taken or ſcattered. What then can be the Argument from this example? only this.

Nototious Traitors, Rebels, Falſe Prophets, who riſe up in armes ſeditiouſly againſt Authority, are ſure to periſh, & all that obey them ſhall be ſlain or diſperſed by their Princes forces at the laſt, as Iudas and his confederates were.

Ergo, Rebels, Murderers, as well as Hereticks, Schiſmaticks, and Blaſphemers, muſt be let alone and not ſuppreſſed, puniſhed with corporall or capitall puniſhments; or if they be, it will gather them together, and multiply them ordinarily, not diſperſe and bring them to nought.

This is Gamaliels, Mr. Goodwins and Mr. Peters new myſterious Logick and Divinity, from this inſtance, and example in this text.

Thirdly I anſwer, that Gamaliels concluſion, And now I ſay unto you, forbear theſe men and let them alone: as it is no neceſſary conſequence from the premiſed inſtances, ſo the reaſons whereon it is grounded, will no wayes warrant the oppoſite concluſion from it. The firſt of them is this; For if this counſell or work be of man, it will come to nought; to wit, of it ſelf, without ſlaying the Apoſtles; for that muſt be the meaning. But this is no ſolid reaſon even in point of Divinity and civill Policy, as will appear by theſe enſuing inſtances. Job 8. 22. The dwelling-place of the wicked ſhall come to nought: will it therefore neceſſarily follow thence, Ergo, The civill Magiſtrate ought not with good King David, Early to deſtroy all the wicked of the land, and cut off all evill doers from the city of his God, Pſal. 101. 8. but forbear and let them alone till God himſelf deſtroy them? So Amos 5. 5. Seek not Bethel (that is, the calves and Idols there) for Bethel ſhall come to nought: Will it thence follow, Ergo, the good Kings of Iſrael were to forbear the Altar and high places at Bethel, and let the Calves and idolatrous worſhippers of them there alone? Then good King Ioſiah did very ill, In breaking down the Altar and high places that were at Bethel, which Ieroboam the ſon of Ne…at, who made Iſrael to ſinne, had made; in ſtamping the High-places to powder, in burning the Groves, and in taking away all the Houſes of the High-places that were in Samaria, which the Kings of Iſrael had made to provoke the Lord to anger, and in doing to them as he did …n Bethel, and▪ IN S…YING AL THE PRIESTS OF THE HIGH PLACES that were there VPONUPON THE ALTARS, and burning mens bones upon them (for which he is for ever chronicled as a pattern of zeal and imitation to poſterity) 2 Kings 13. 8. to 21. If this new Policy & Divinity had bin known to the godly Kings and Prophets p. 48in the Old Teſtament, not one Idolater muſt have been put to death, according to Gods commands forecited; nor no one Idol, Image, High-place, Altar, or Grove deſtroyed by the Prince, Magiſtrate, People, but all of them muſt have been forborn and let alone, becauſe being but the carnall works of men, they would have come to nought of themſelves. But this Gamaliel was not then a D… ▪ either of Law or Divinity to theſe good Kings, as he is now to our New-lights, who would rather live under Gamaliels government, were he now alive (as Mr. Peters hath oft openly proteſted in the Pulpit) then under the beſt Presbyterian government or Governour in the world. Again, It is written, Pſal. 33. 10. The Lord bringing the counſel of the people to nought, he maketh the devices of the people of no effect: (which is likewiſe ſeconded, Iſay 8. 10. cap. 19. 3.) as he brought the counſel of the enemy to nought againſt Ieruſalem, Nehem. 5. 7. to 19. Will it thence follow? Ergo, Nehemiah and Gods people did ill, in ſetting a watch, in arming themſelves and fighting againſt them, to fruſtrate and reſiſt their counſels, as me read they did. Will any prudent Prince or State neglect to apprehend and execute the Heads or Ringleaders of a new-plotted Treaſon, or freſh Rebell…on, and forbeare and let them alone, becauſe at laſt they would come to nought of themſelves? Will any man be ſo fooliſh, as not to put out a fire which may endanger his whole houſe, or an whole City, becauſe peradventure it will at laſt go out of it ſelfe, when the whole houſe or City is conſumed? Doubtleſſe no. Gamaliels atgument therefore, and our oppoſers from his reaſon, is neither agreeable to the rules of Divinity or Policy, as theſe inſtances manifeſt, and right reaſon to. For though Hereſies, Blaſphemies, Falſe-teachers, Schiſmaticks, and the like, will at laſt come to nought of themſelves, yet this is no argument at all to forbear and let them alone. Firſt, becauſe it may be very long before they will come to nought of themſelves if let alone: whereas the Magiſtrate by his cenſures will ſpeedily ſuppreſſe them. Secondly, becauſe they may ſpread very far, doe much hurt, and ſeduce divers, if let alone; but not ſo, if ſpeedily ſuppreſſed, and ſeverely puniſhed by the Magiſtrates, as ſoon as broached and diſcovered. Thirdly, becauſe the letting of them alone will breed much diſturbance and ſchiſme for the preſent, diſcontent the moſt pious, zealous, religious; yea, bring judgments on the Churches, States, Magiſtrates, people, that permit them, which a timely ſuppreſſion & execution of juſtice on them might prevent, as I have proved in the premiſes. Fourthly, it is a received Maxime, both in Politicks, Ethicks, and… … ob… ſero medicina paratur, Cum mala per …ongas invaluere moras. Ovid. De R… amo…. Phyſicks, To withſtand the riſe and firſt beginnings of evils, though at laſt they may come to nought of themſelves. It is the advice of agraver Doctor then Gamaliel, Prov. 13. 24. He that ſpareth his rod hateth his ſonne; but he that loveth him chaſtiſeth him BETIMES; yea David would EARLY deſtroy all the wicked of the land, Pſal. 101. 8. and the reaſon is rendred, Eccleſ. 8. 11. Becauſe ſentence againſt an evil work is not executed SPEEDILY, therfore the hearts of the ſonnes of men is fully ſet in them to doe evill. The longer evils and evill men are tolerated, the more obſtinate, the more pernicious, and incurable they grow: and therefore Ezra 7. 26. King Artaxerxes gave this charge to Ezra and the Judges, Whoſoever will not do the law of thy God, and of the King, let judgement BE EXECVTED SPEEDILY AGAINST HIM, whether it be p. 85unto death, or to banishment, or to confiſcation of goods, or to impriſonment. If Dr. Gamaliel, Mr. Goodwin, or Mr. Peters, had been of this good Kings, or of Davids & Solomons Privie Counſel, or Clerks of their convocations, or Burgeſſes in their Parliaments, we ſhould never have heard of ſuch precepts, Lawes & Texts as theſe, againſt Idolaters, and other Malefactors, but Gamaliels abſurd Counſell; Forbeare theſe men and let them alone, muſt have controled their more ſacred and ſage adviſes. If Gamaliel, Mr. Goodwin or Mr. Peters ſhould adviſe Gardiners, or Huſbandmen, not to pluck up the weeds in their Gardens and cornefields whiles they are greene and young, but to let them alone till they wither of themſelves: or counſell ſick men, when their diſeaſes are but breeding or creeping upon them, not to take Phiſike to prevent or remove them, but to forbeare and let them alone till they wore away of themſelves: or adviſe Shepherds not to drive any Wolves and Foxes from their flocks as ſoon as ever they come near or entred the folds, but to let them alone till they had filled their bellieson their flocks, & then they would depart of themſelves: they would certainely deride, reject them as moſt abſurd impolitick Doctors, Phiſitians, Shepheards, rather to be hiſſed at, then followed. The caſe of tollerating and letting alone Heretikes, Sciſmaticks, falſe Teachers, Blaſphemers, is juſt the ſame, who are as badde, nay worſe then any weeds, Peſts, ſickneſſes pp2 Tim. 2. 172 Tim 2:17Cancers, Wolves, and therefore not to be tollerated or let alone, but ſpeedily ſuppreſſed. Hence St. Iohn who was a better Doctor then either Gamaliel; Mr. Goodwin, or Mr. Peters, commanded Chriſtians, not ſo much as to receive falſe Teachers into their houſes, nor yet bid them good ſpeed, 2. John 10. And Paul himſelfe, Gal. 2. 4. 5. when falſe brethren came to ſpie out his NOTA▪liberty in Chriſt, & bring him and others into bondage, writes thus of himſelfe and them. To whom we gave place by ſubjection NO NOT FOR AN …OVRE, that the truth of the Goſpel MIGHT CONTINVE VVITH YOV which elſe would have been ſoone corrupted. And v. 11. 12. 13. 14. when Peter came to Antioch, and ſeperated himſelfe from the Gentiles fearing them of the Circumſcition, Paul preſently withſtood him to his face, becauſe he was to be blamed, and rebuked him before all. Yea, he gives this rule concerning Hereticks to Titus himſelfe. Tit. 3. 10. A man that is an HERETICK AFTER THE FIRST AND SECOND ADMONITION, REIECT: &c. He muſt no… be forborne and let alone, till he periſh and come to nought of himſelfe, but convicted and caſt out preſently after a firſt and ſecond Admonition, at furtheſt. Wherefore Gamaliels reaſon and adviſe with reference to Hereticks, Idolaters, Schiſmaticks, Seducers, and Blaſphemers, (to which our oppoſites apply it,) is certainly moſt abſurd in point of Divinity, of Pollicy, and not worthy ſo grave a Doctor of the Chaire. His ſecond reaſon is not much better then it, if ſeriouſly conſidered, as applied to knowne Hereticks, falſe-Teachers, Schiſmaticks, Idolaters, or Blaſphemers, (the ſubjects now inqueſtion) But if it be of God ye cannot overthrow it, leſt happily he be found to fight againſt God. Therefore Magiſtrates muſt forbeare to puniſh Idolaters, Hereticks, falſe Teachers, obſtinate Schiſmaticks and Blaſphemers, who for certain are not of God, but fighters againſt him, and let them alone, (only upon this ground,) is a ſtrange Nonſequitur.

p. 86Indeed where Magiſtrates are certainly perſwaded in their conſciences that any Doctrine, way or counſell is of God himſelfe, or have ſufficient grounds to incline their conſciences to beleive that ſuch perſons, Doctrines, wayes are, or moſt probably may be of God, there it is ſafeſt to forbeare the oppreſſion or ſuppreſſion of them, if it may ſtand with publike peace and ſafety; and this adviſe will warrant as much: But when there is no ſuch certaine or faire probability, but a cleare conviction, that ſuch Perſons, Doctrines, wayes, Schiſmes are not of God, but againſt him; then this advice, and reaſon of Gamaliel, holds not in the leaſt proportion; but in ſuch caſes the Temporall Magiſtrate ought to proceed to corporall, and in ſome caſes, to capitall puniſhments.

And this I ſhall cleare from the Text it ſelfe beyond contradiction: This Councell, whereof Gamaliel was a Member, being cut to the heart with Peters Speech, tooke Counſell to ſlay the Apoſtles, as obſtinate Hereticks and Schiſmaticks. Gamaliel doubting, and not being reſolved that they were ſuch, diſſwaded them from it upon this ground, becauſe their way and Counſell (in reſpect of the extraordinary miracles they had wrought and other particulars in the foregoing Chapter) might very probably be of God, and then they could not overthrow it, and if they oppoſed it, might hapily be found to be fighters againſt God▪ whereas if he had deemed them abſolute Hereticks, Schiſmaticks, and had not heard or ſeene their extraordinaty Miracles, he would have readily conſented with the reſt to put them to death; and not adviſed them, to refraine from them and let them alone. Therefore the application of this adviſe to undoubted Hereticks, Idolaters, falſe-Teachers, Schiſmaticks, and Blaſphemers (who never wrought ſuch extraordinary Miracles, as Gamaliel and the Counſell ſaw and knew the Apoſtles did:) is neither conſonant to Gamaliels reaſon nor adviſe.

Finally, it is obſervable, that though upon Gamaliels adviſe the Councell ſpared the Apoſtles lives, and ſet them free; yet they left them not altogether alone, or unpuniſhed. For firſt, they did publikly beat them, v. 40. a corporal puniſhment. 2ly. They laid a ſtrict command upon them, that they ſhould not [after that] ſpeake in the name of Ieſus, v. 40. Therefore there is direct warrant from this very Text, to reſtraine ſuch as we repute Herericks, and falſe Teachers from preaching and private meetings, and to puniſh them with corporall puniſhments, though we doubt and conceive that hapily they may be right in ſome things. Wherefore, this Text is ſo farre from ayding, that it utterly refutes and confounds the Objectors.

The 3. Objection is this, in Eſay 11. 9. God hath ſaid concerning his Kingdome:OBIECT: … qqMr: D…l, Right Reformation p: 22, 25There ſhall be none to kill or hurt in all my holy Mountaine: And againe Iſay 60. 18. Violence ſhall no more be heard in thy Streets, waſting nor destruction within thy borders: Ergo the Temporall Chriſtian Magiſtrate muſt uſe no outward force, nor impriſon, kill, baniſh Hereticks, Blaſphemers, or obſtinate Schiſmaticks.

I anſwer, that this is a ſtrange Independant Argument [borrowed from theANSVVER: rrLuca… Oſiander Enchirid Contro. cum Anabaptiſtis …. 9. qu. 3. Argument 7.Anabaptists] no wayes waranted by the objected texts, here miſerably perverted. For in the firſt of them; Iſay 11. 7. to 11. there is a Prophecy, that the Wolfe ſhall dwell with the Lambe, and the Leopard ſhall lye downe with the p. 87Kid, and the Calfe and the young Lyon, and the ſuckling together, and a little child ſhall lead them: and the cow and the Beare ſhall feed together, and the Lyon ſhall eat straw like the Ox, and the ſucking child ſhall play upon the hole of the Aſpe, and the weaned child ſhall put his hand upon the Cockatrice den: They (to wit, the Wolfe, Leopard, young Lyon, Beare, Aſpe, Cockatrice, all hurtfull and ravenous Creatures) ſhall not hurt nor deſtroy in all my holy Mountaine. Which is againe repeated, Iſay 65. 25. Now who are meant by theſe hurtfull creatures? and who are they whom they ſhall not hurt nor deſtroy, and in what manner? is the only queſtion. Mr. Dell intimates that chriſtian Princes, States, Magiſtrates are the Wolves, Leopards, Lyons, Beares, Aſpes, and Cockatrices meant in the Text; let him then ſpeake it out plainly, and prove it from the Text, which no wayes warrants ſuch an Anabaptisticall or Anarchicall Interpretation, both ſcandalous and destructive to christian Magistracy, and directly contrary to Iſay 49. 23. And Kings ſhall he thy nurſing Fathers, and Queenes thy nurſing Mothers. But if it be intended only of perſecuting Sauls converted into Pauls; of men of Wolviſh, aſpiſh, cruell & ravenous diſpoſitions, like to theſe deſtructive or poyſonous creatures, converted and quite transformed from their naturall diſpoſitions by the power of Chriſt, and of the great peace and amity that ſhall be betweene all ſorts of men of contrary humours and tempers, (when converted and brought into Chriſts holy Mountaine,) as all Expoſitors generally accord; then it is nothing to purpoſe, and miſerably perverted by Mr. Dell, the forme of whoſe argument muſt then be this.

Men who before their converſion were as contrary to Chriſts Sheepe, Lambes Oxen and little Children, as the Wolfe is to the Lambe, the Leopard to the Kid, the young Lyon to the Calfe, the Beare to the Cow, the Lyon to the Ox, the Aſpe and Cockatrice to the little Child that playes upon its hole ſhall after their converſion lye downe, feed, and converſe together without hurting or deſtroying one another, and live in a bleſſed ſweet peace and unity together under the Goſpell.

Ergo, Chriſtian Princes, States, Magiſtrates under the Goſpell, muſt not reſtraine, impriſon, baniſh, hurt, deſtroy, nor put to death notorious Hereticks, Seducers, Blaſphemers, Sciſmaticks, Apoſtates, as bad as Wolves, Aſpes, &c.

Ridiculous Logicke and Nonſence Divinity. But whom ſhall not theſe hurt nor deſtroy in all Gods holy Mountaine? the Lambes, Kiddes, and little Children of Ieſus Chriſt, not Lyons, Beares, Aſpes, Cockatrices, wolves, (ſuch as Heretickes are), **Se Bellarmin De Laicis l. 3. c. 22here put in contradiſtinction to them: Ergo Chriſtian Magiſtrates muſt not hurt, baniſh or deſtroy damnable obſtinate Hereticks, Seducers, Blaſphemers, Schiſmaticks, &c. is as ſtrange an inconſequent as the former; yet this is all Mr. Dell can truly inferre from the genuine meaning of theſe words. I ſhall only adde, that this parabolicall Text ſaith, the Wolves, Lyons, Leopards, Beares, Aſpes, Cockatrices ſhall not hurt Chriſts Lambes, Sucklins, and little Children, in all his holy Mountaine; but he adds not on the contrary, that if they come, as ſuch, to hurt and deſtroy his flock (as Heretickes, falſe-Teachers, Schiſmaticks, and Blaſphemers do) that then the Shepherds and Civill Paſtors of Chriſts Lambes, Sheeps, may by no p. 88meanes hurt or deſtroy them; the point in queſtion. This Text therefore is ſtrangely miſapplyed in all particulars by the objector.

Finally, if this text be meant of the times of the Goſpell, and of that ſweet, peace and amity that ſhall be between all converted members of Chriſts Kingdome* See Cyprian de unitate Eccleſiae. one towards another, that they ſhall all feed, eat, and lye downe together one with another, and not hurt nor deſtroy in all Gods Holy Mountaine: then how comes it to paſſe, that the Objector and thoſe he frequently ſtiles, the faithfull, the Spirituall people, the Saints, the Anoynted ones, &c. doe not come to this Mountaine, the Church, but ſeparate themſelves from our Congregations, and will not lye downe, feed, play, eat nor pray together with thoſe they deeme Wolves, Lyons, Leopards, Aſpes and Cockatrices, contrary to this prophecy, to the great disturbance of Chriſts Kingdome? yea why do they all generally betake themſelves to the Warres, to kill, hurt, and deſtroy in all the holy Mountaine? contrary to the very letter of this Text, and Iſay 2. 3. 4. parallell with it. Nation ſhall not lift up ſword againſt Nation, neither ſhall they learne Warre any more, &c. Let him therefore give over preſſing this Text any further, contrary to its ſcope, or if he will have it really verified, let him now retract his Petition to the Parliament, to ſuffer rrRight Reformation, p. 28. & Epiſtle Dedicatory.ſeparate aſſemblings of the Saints both publiquely, and privatly as occaſion ſerves, &c. directly contrary to this prophecy, and perſwade his Armedſaints no more to deſtroy, hurt, or kill Cavaliers, much leſſe any godly Miniſters, (whom ſome of them have threatned, hurt & thruſt out of their Pulpits) unleſſe they will likewiſe permit the Chriſtian Majeſtrate to hurt and destroy obſtinate ſeducing Heretickes, Schiſmatickes, falſe Teachers, Blaſphemers, notwithſtanding this objected Text.

As for the Second quotation, Iſay 60. 18 Violence ſhall no more be heard in thee, &c. I anſwer, it is meant of the Church Triumphant, not Militant; as is cleare by the three next verſes, compared with Rev. 21. and 22. parallell to this Chapter, Iob. 3. 17. 18. 19. and Rev-14. 13. And if ſo, then the Argument hence, truly Stated, stands thus.

There ſhall bee no violence, waſting and deſtruction heard in the Church triumphant in heaven, which ſhall be above the reach of force or Enemies.

Ergo, Chriſtian Princes, States, Majeſtrates, may not make Lawes to puniſh, ſuppreſſe incorrigible Heretickes, Seducers, Schiſmatickes and Blaſphemers in the Church militant here on earth.

But grant it meant of the Church Militant under the Goſpell: Is the puniſhment of men with temporall or capitall puniſhments for their damnable Hereſies, Errors, Schiſmes, Blaſphemies, Idolatries, violence? or ever ſo called reputed in Scripture phraſe? which uſeth it only, for ſſGen 6. 11. 13. Pſal. 1…. 5. Pſal. 55. 9. Pſal 58. 2▪ Pſal. 72. 14. Pſal. 73. 6. Prov. 28. 17. …ſay 53. 9. c. 56 6. Ier. 6. 7. c. 20. 8. c. 22. 3. 17. Ezech. 7. 11. 23. c. 18. 7. 12. 16. 18. Hab. 1. 3. Lu. 3. 14.Gen 6:11Gen 6:13Ps 1:5Ps 55:9Ps 58:2Ps 72:14Ps 73:6Prov 28:17Jer 6:7Ezek 7:11Ezek 7:23Hab 1:3Tirany, Oppreſſion, and Rapine: or is it not rather Iuſtice, and ttDeutr. 33. 21. Prov. 8. 15. Ier. 31. 30. c. 17. Pſal. 106 30. 2. Sam 8. 15. compared with Pſal. 101. 8▪Prov 8:15Jer 31:30Ps 106:302 Sam 8:15Ps 101:8executing Iuſtice and Iudgement, in all Scripture language? Is the confiſcation of the goods, impriſonment, baniſhment, or putting to death (in ſome caſes) of the perſons of ſuch, any waſting or deſtruction, intended in this Text? If ſo, let Mr. Dell averre it, at the utmoſt hazard of his Science, and Conſcience, ſince no ſober, nor learned man can or dares aſſert it: If not, then let him confeſſe his error in thus wierdrawing and willfully perverting Scripture in ſo ſhamefull a manner, before ſo p. 89juditious an Auditory as thoſe to whom he preached, and that upon a Faſt day unfit for ſtrife and debate, as this very Prophet will informe him, Iſay 58. 4. 5. and for ſuch new Logick as this.

There ſhall be no violence, waſting, nor deſtruction heard in the Church, when God ſhall convert or ſubdue her Enemies, and give her peace at the laſt.

Ergo, obſtinate Heretickes, Schiſmaticks, Seducers, Blaſpemers, (yea Traitors, Murderers, Fellons, by like conſequence) muſt not be corporally nor capitally proceeded againſt, but let alone without any moleſtation by the Chriſtian Magiſtrate, and the Parliament muſt by no meanes make any Lawes to reſtraine them now.

Can any man but admire that ſuch ſtrange Logick and Theology, ſo purely Independent, ſhould dare fly abroad in print to gull poore ſilly people, and bee ſo confidently averred, to be uuMr. Dells Epiſtle Dedicatory.the Lords voyce, the truth of Chriſt, the mind of God, &c. as Mr. Dell aſſerts.

The 4th. Objection from Scripture, is this, which ſeemes more co…lerable,Object. 4 but is no more ſubſtantiall then the former, xxMr. Dels Right Reformation p 25.Chriſt never uſed the power of the world, but did all by the power of the word. Neither did Chriſt command his Diſciples to uſe any ſuch outward power, but he ſent his Deſciples to preach, and bid them, ſay, into what houſe ſoever they entred, Peace bee to this houſe: And if men would not receive peace, and the Doctrine of Peace, not to force them, but to depart thence, and to ſhake off the dust of their feet as a witneſſe against them, that they had beene there, according to the will of Chriſt and the Father, and offered them mercy and Salvation, which they refuſed. And this is all that the Miniſters of the Goſpell can doe to any that refuſe their Doctrine, and not to go to the ſecular Magiſtrate to aske power to puniſh them, or impriſon them, or ſell their goods, as now is practiſed in ſome parts of the Kingdome, EVEN VPONUPON THE SAINTS: And if men be wicked, is it not miſery enough for them to refuſe eternoll life, except alſo they inflict on them temporall death? Is it not miſery enough for men to refuſe the good things of Heaven, except they alſo deprive them of the good things of this preſent life? And yet as Luther, ſaith of the Clergy: Quando non invocat brachium ſeculare? & morte utraque terret mundum? when **Se… Excellent anſwer to his cavill in St. Auguſtine Epiſt 48 50▪ … the Donatiſts who …ſt made it.doth it not call upon the ſecular power, and terrefies the world with both deaths? Surely Chriſt and the word approve not theſe wayes. For Math. 18. Chriſt ſets no other puniſhment on them that would not heare the Church, then that hee ſhould be reconed as an Heathen. And Paul, Titus 3. teacheth us, after once andAnſvver. twice admonition, to avoid an Heretick, but not to impriſon him, or kill him, or baniſh him: And againe, thoſe that do theſe things ſhall not inherit the Kingdome of God: And againe, he that beleiveth not ſhall be damned: but not one word of outward or corporall puniſhment in all the Goſpell.

I anſwer, that here is a hotch-potch of many Arguments, and Scriptures jumbled together, (commonly objected by the ccAuguſt. Epiſt 48 50. Contr. Lib. P…il…t Contr. Creſconium, Gram.Donatiſts, and ddBul… Contr. Anabaptiſt. O…nder …. Cont Cum An…b… qu▪ 3. …. c 9.Anabaptiſts to amuſe or delude the ſimple Auditor and Reader; I ſhall therefore ſever and anſwer them in order.

The firſt of them is this. Lu. 1. Chriſt never uſed the power of the world, but did all by the power of the word, even his puniſhments, and his deſtructions p. 90Object. 1. …were executed by it. Ergo, Kings and temporall Magiſtrates muſt not puniſh Hereticks, Seducers, Blaſphemers, obſtinante Hereticks, nor uſe externall force in matters of Religion. This was the Argument of the Donatiſts, largely anſwered by St. Auguſtine in his 48. & 50. Epistles, from whom Mr. Dell tranſcribes it.

I anſwer, First, that Christ in the Old Teſtament, did make uſe of the powerAnſwer. and ſword of Godly Kings and Magistrates to puniſh Idolatrous and falſè Prophets, as I have largely proved; yea, he makes uſe of the ten hornes (who are ten Kings,) to puniſh, burne and deſtroy the whore of Babylon, under the New-Teſtament, Rev. 17. 16. Beſides, the Scripture is expreſſe, that Chriſt is the Head of all Principallity and Power. Col. 2. 10. that the powers which are are ordined of God, & the ſword to be uſed by them for the good of his Church, People, who are to obey and ſubmit unto them, Rom. 13. 1. to 6. 1 Tim. 2. 1. 2. 1. Pet. 2. 13. 14. Tit. 3. 1. Hence is that of **De conſideratione ad Eugenium lib. 4.Bernard to Pope EVGENIVS: Vter que ergo Eccleſiae, & ſpiritalis ſcilicet gladius & materialis; ſed is quidem pro Eccleſia, ille verò et ab Eccleſia exercendus eſt. Ille Sacerdotis, is militis, ſed ſanè ad nutum Sacerdotis, & juſſum Imperatoris: which Auguſtine largely aſſerts in his 48. & 50. Epiſtles. Wherefore this Poſition; that Chriſt never uſed the power of the world (towit of Chriſtian Kings and Magiſtrates) is directly contrary to theſe Texts, and to Pſal. 78. 70. 71. 7…. 2 Chron. 9. 8. c. 18. 5. 6. 7. Exra. c. 4. and 5. 6. & 7. Iſay 44. 28. c. 45. 1, 2, 3, 4. c. 49. 23. Act. 22▪ which expreſly reſolve, that Kings are Gods Deputies and Inſtruments by which he acts, rules, judgeth, protects, his owne people, but ſuppreſſeth his enemies and evill doers, and ſeemes monſtrous unto me. 2ly. If the objector intends; that Chriſt whiles he was on earth, in the fleſh, did not make uſe of the civill Magiſtrates power, but only of the word to convert men from Iudaiſme and Paganiſme to imbrace the Goſpell: This is true: but will it follow thence, Ergo Miniſters and Chriſtians muſt not make uſe of the power of Chriſtian Kings and Magiſtrates to ſuppreſſe or puniſh Hereſies, Hereticks, Seducers, Blaſphemers, or obſtinate▪ Schiſmaticks? certainly no: For then I may argue in like manner: Chriſt didnot make uſe of their power while on earth, to puniſh any Murderer, Traytor, Adulterer, Drunkard, Swearer, Thie…e, &c. Ergo no Miniſter nor Chriſtian may now uſe them for ſuch ends. Yea, then I may further argue, Chriſt did not make uſe of any Souldiers, Captaines, or Colonells, to preach the Goſpell, nor yet to dip and rebaptiſe any whiles he was on earth; Ergo we ought not to make uſe of any ſuch preaching, dipping, rebaptiſing Souldiers, Captaines, Col. now, who yet run up into our Pulpits, preach their owne errors in private corners, yea dip or rebaptiſe in Rivers every where. If Mr. Dell deny not, but grant this laſt concluſion: I feare moſt of his Saints and anoynted ones for whom hee pleads, will renounce or caſheire him; If hee deny it, he muſt by the ſelfeſame reaſon deny his owne objection.

Thirdly, the Kings and ſupream ſecular powers of the world; in Chriſts time **See Augu… Epiſt. …3. 50.were in open hoſtility againſt Chriſt, and none of them Chriſtian, but all Antichriſtian, Acts 4. 25, 26, 27, 28, 29. and Pſal. 2. No wonder then if Chriſt made no uſe of their power. But ſince that, many of them have been and yet are truly Chriſtian and religious; as ſome Kings of Iudah and Magiſtrates p. 91were truly pious before Chriſts time: Therefore he may well make uſe of their power now (being for and from him) though he did not whiles he was on earth; as he made uſe of Moſes; Ioſhua, David, Solomon, Hezekiah, Nehemiah, Cyrus, with others heretofore: yea of Nebuchadnezars power to make lawes to puniſh blaſphemy, after his converſion Dan. 3. 29. who formerly enacted lawes and puniſhments to enforce the adoration of his golden Idol, and caſt Shadrach, Meſhach, and Abednego, into the fiery furnace, for tranſgreſsing them, though afterwards he promoted them for their conſtancy and ſufferings in Gods cauſe. Fourthly, Chriſt whiles he was on earth, did notmake uſe of the books of the New Teſtament, nor of the gift of tongues to convert men. I hope Mr. Del dare not thence maintaine. Ergo, we ought not to make uſe of theſe books now for this purpoſe, as ſome of our **See Mr. Edwards Gangraenaes, and Mr. Baillier Anabaptiſme ch. 1. 2▪ 3. 4.Sectaries now and Anabaptiſts heretofore have taught. Fifthly, Chriſts main work on earth was, to preach the Goſpel as a Miniſter, Luke 4. 18, 19, 20. 43. Mark 1. 14 c. 8. 1. not to puniſh Malefactors as a Judge or Magiſtrate. To argue then as Mr. Dell doth; Chriſt did not uſe the power of the World, or Magiſtrate, as he was a Preacher, but of the Word alone. Ergo, Magiſtrates under the Goſpel have no power to puniſh Hereticks, Schiſmaticks, Blaſphemers, and ſuch like Malefactors; is rather to ſpeak Nonſenſe then Reaſon or Divinity. And ſo much for his firſt Argument.

The ſecond is this: Chriſt commanded not his Diſciples to uſe any ſuch outward Object. …power, but commanded them to preach: Ergo, they may not goe to the ſecular Magiſtrate, to ask power to puniſh, impriſon, or ſell the goods of Hereticks, Blaſphemers, Seducers, and obſtinate Schiſmaticks; neither may Chriſtian Magiſtrates puniſh ſuch with corporall or capitall puniſhments.

I anſwer firſt, that Chriſt ſent his Apoſcles only [yyMath. 10. & 28. 19. 20. Mar. 16 15. 16. 17. 1 Cor. 1. 17.Matt 10Mark 16:15Mark 16:16Mark 16:171 Cor 1:17] to baptize and preach Anſwer.the Goſpel, as Apoſtles; not to puniſh. Malefactors, as Magiſtrates. Therefore the Argument is meerly Independent. Secondly, the Magiſtrates then were Iewiſh and Heatheniſh, not Chriſtian; [zzActs 4 25. 26. 27. 28. 29. c. 5. throughout c. 9. 1. 2▪ c. … 2. 1. 2. 3.Acts 4:25Acts 4:26Acts 4:27Acts 4:28Acts 4:29] againſt Chriſt and Religion not for them. And to argue thus: The Apoſtles prayed not aide from Iewiſh or Heathen Magiſtrates againſt Hereticks, falſe Teachers, Schiſmaticks, Blaſphemers, or any other Malefactors: Ergo, Miniſters, and good Chriſtians, may not pray in aide from Chriſtian Kings and Magiſtrates againſt ſuch; nor have they right to inflict corporall or capitall cenſures on them, ex officio; is a moſt independent inference. Thirdly, the Apoſtles had ſuch a power in defect of Chriſtian Magiſtrates, that they miraculouſly by the power of Chriſt, puniſhed Ananias and Saphyra with ſudden death, for lying unto the Holy Ghoſt, and tempting God, Acts 5. 1. to 12. Yea, Paul ſtruck Elymas the Sorcerer (when he would have perverted the ſtrait wayes of God, and hindred Sergius Paulus the Deputy his converſion, ſeeking to turn him from the faith,) with ſudden blindneſſe, that he could not ſee the Sunne; whereupon, the Deputy when he ſaw what was done, believed. Therefore Miniſters may in an ordinary way make uſe of the power of Chriſtian Magiſtrates to puniſh or cut off Hereticks, Seducers, and Blaſphemers againſt the Holy Ghoſt. Or if not, yet Magiſtrates, ex officio are bound to do it, without their intreaty. Fourthly, Paul himſelf, though an Apoſtle, Rom, 13. 3, 4. and Peter too, in the 1. Peter. p. 922. 13, 14. pray in aide from Kings and the higher civill powers for the puniſhment of evill doers, as being Gods Miniſters and revengers, to execute wrath upon them that are evill, as well under the Goſpel as Law: and S. Iohn informes us, that the ten hornes (who are ten Kings) ſhall make the Whore (of Babylon) deſolate and naked, and eate her fleſh, and burne her with fire, Revel. 17. 16. Therefore Hereticks, Schiſmaticks, Blaſphemers, and Falſe teachers, being evill doers, the Miniſters of God by warrant from theſe very Apoſtles, may **… Ho…tenſius Cavaleanus de Brachio regio Rutgerus Ru…nsde invocatione utriuſque Brachii.pray in aide of the Secular powers againſt them, what ever Mr. Dell, (who prays in aide of the Parliament againſt the Presbyterians in his Epiſtle Dedicatory, in a forceable manner) hath fancied to the contrary; whoſe aſſertions certainly are no Oracles.

And whereas he addes (to the ſcandall of our Parliament, and preſent Government) that the ſecular Magiſtrates do now in ſome parts of the Kingdome * See Mr Edvvards his Gangraena. part. 3. p. 148: to 220. Mr. Bailies Anabaptiſme ch. … 4.even practiſe their power upon the SAINTS, in puniſhing or impriſoning them, and ſelling their goods. I dare averre it a moſt groſſe ſlander, & deſire him to define, who & where thoſe SAINTS are, and what their names? If he mean by this, St. Iohn Lilburne (that impudent Lyer, Slanderer of both Houſes of Parliament, of the eminenteſt Members in them, and all ſorts of men beſides: a moſt peſtilent fire-brand of ſedition, deſerving a Tiburn-Saintſhip, as well, as Iack Straw, or Iack Cade) moſt juſtly cenſured, impriſoned by the Houſe of Peers, for his unparallell'd Inſolencies, Contempts, and Libels, deſerving a ſeverer doom: or his Diſciple St. Overton, impriſoned for the like offences, & his Anti-Parliamentary Libels, or any other of his ſeditious ſect: it is the Parliaments lenity that they enjoy their lives, and a man (I fear) may finde far better Saints in Newgate, if not in [aaRev. 22. 15 Gal. 5. 20. 21. Iam 5678. 1 Cor. 6. 10. 2. Ie…. 2. 10. 11. 12Rev 22:15Gal 5:20Gal 5:211 Cor 6:101 Cor 6:2] Hell, then theſe: If he mean S. Beſt (that horrible, execrable Heretick and Blaſphemer) for whoſe impunity ſome of the [**Iohn Goodvvins modeſt aud humble Quecries upon the late Ordinance againſt Hereſies. O…rtons and ſome Independent vveekly Diurnall vvriters.] Independent ſaints have both written and pleaded, to the very amazement of all true Saints,) its certaily a greater crime to ſuffer ſuch an impenitent blaſpheming Atheiſtical ſaint to live ſo long, then to impriſon him: and if any New-lights account him for a Saint, I may without any breach of Chriſtian charity repute them (in this particular) to be little better then Devils, and no reall ſaints at all. If he intend by Saints, S▪ Paul Hobſon (a preaching, but never a fighting Captain, formerly a Taylor, now an Anabaptiſt) impriſoned by Sir Samuel Luke, for his ſchiſmaticall and ſeditious preaching contrary to the Ordinance of Parliament, or his blaſphemous Chirurgion Iohn Boggis, or his companion S. Oates, (who [bbMr. Edvvards 2 part of Gangrena, p 161. 162.] openly defended, maintained, that there was no ſuch power in any Chriſtian Magiſtrate over any member of a Church, unleſſe firſt caſt out and delivered over by the Church to the ſecular power, to inflict any capitall puniſhments upon him, whatſoever his offence was, though MVRTHER OR TREASON:) o… S. Lambe, S. Kiffin, or any of that Anabaptiſticall Dipping lewd fraternity, mentioned by Mr. Edwards in his Gangraenaes; who have enriched, advanced themſelves by their gainfull Schiſmes, Hereſies, Errors, Blaſphemies: fear our Magiſtrates (who have already law and power enough to reſtrain… and puniſh ſuch, without praying aide from both or either Houſes) will deſerve more blame from God, the Parliament, and all good men, for ſuffering p. 93ſuch black ſaints as theſe, to ramble abroad from County to County, preaching their Errors, Blaſphemies, and re-baptizing ſeduced Proſelytes without reſtraint, then demerit any cenſure, for any ſhort reſtraint of their perſons, or ſelling any of their goods; who were lately worſe then nothing, and had no goods to ſell, yet now are grown brave and wealthy. And if our Magiſtrates impriſon, fine, baniſh ſuch Saints as theſe, I am confident both Chriſt and his Apoſtles will juſtifie, not condemne them for their doings.Object. 3.

His third Argument is this, [ccRight Reformation. p. 25] Is it not miſery enough for men to refuſe the good things of heaven, except they alſo deprive them of the good things of this preſent life? If there be any Logick or Divinity in this rhetoricall argumentation, it is but formally this.

It is miſery enough to wicked men (his words are generall, and extend to all wicked men of all ſorts, not Hereticks only) that they refuſe the good things of Heaven and Eternall Life. Therefore the Magiſtrate ought not to deprive any wicked man whatſoever of the good things of this life, nor to inflict upon him temporall death.

I anſwer, that if this Argument be ſolid, then the Magiſtrate muſt puniſhAnſvver. no wicked men for any offence whatſoever againſt God or man, no not for Atheiſme, Treaſon, Rebellion, Murther, Sodomy, and the fowleſt crimes; becauſe the loſſe of the good things of heaven and eternall life, is a ſufficient puniſhment for them, as well as for Hereticks, Schiſmaticks, and Blaſphemers: And then how wil it ſtand with his own conceſſion (I fear not from the heart, ſince the whole ſcope of his Arguments contradict it) p. 27. As for thoſe that are outwardly wicked (as open profeſſed Hereticks, Schiſmaticks, and Blaſphemers are) the Magiſtrate is to keep them in order for the quiet of the State he having power over their perſons, eſtates, LIVES. If ſo, then he may deprive them for their wickedneſſe of the good things of this life, and inflict upon them temporal death. Let M. Del therefore aſſoyl his own contradiction here, which he thus ſeconds, p 40. Did you ever hear me ſay, or hint, that the Magiſtrate ſhould not puniſh outward wickedneſſe? Yes, here you hint, intimate, and argue it too; and therefore need to reconcile theſe your contradictions, or renounce this Argument.

Secondly, God himſelf, the Fountaine and Rule of juſtice, doth many times puniſh wicked men, who refuſe the good things of Heaven and eternall life, with the loſſe of the good things of this life, & infliction of temporal and eternall death to boot; witneſſe Deut. 28. 15. to 68. Levit. 26. 14. to 44. and Rev. 18, 19, inſtead of many other texts. If God then, the [ddGen. 18. 25. Pſal: 89: 14.Gen 18:25] ſtandard of juſtice, doth uſually this, and threatens all wicked men that they ſhall thus be puniſhed; why may not Chriſtian Princes and Magiſtrates (who are his [ee2 Chron. 9 18: c. 19. 6.2 Chr 9:18] Deputies, Miniſters, Revengers) do the like, without the leaſt injuſtice or cruelty? Thirdly the Lawes of all Kingdomes and of our own, do puniſh Malefactors (as Traytors, Murderers, and Hereticks among▪ others) with confiſcation of goods, impriſonment, baniſhment, and death too; not thinking it puniſhment ſufficient, that they refuſe the good things of heaven and eternall life: M. Del then muſt be wiſer then God, then al States, Lawgivers whatſoever, then our own Lawes, Parliaments, Judges; and tax them both of cruelty, injuſtice, p. 94and adding miſery to the miſerable, if he dare maintaine this abſurd Paradox, which hath neither reaſon, nor Religion in it.

His 4th. Objection is much of the ſame ſtraine, ffRight Reformation p. 25Chriſt impoſeth no other Object. 4.puniſhment on thoſe that will not heare the Church, then that he ſhould be reckoned as an heathen: Math. 18. And Paul. Tit. 3. teacheth us, after once and twice admonition to avoyd an Heretick▪ but not to impriſon him, or kill him, or baniſh him: Ergo the chriſtian Magiſtrate muſt neither impriſon, nor kill, nor baniſh Hereticks.

Here Mr. Dell ſpeaks plaine Engliſh, and out of his aboundant zeale, profeſſedlyAnſ…er. pleads for the impunity even of Hereticks themſelves, by the civill Magiſtrate: and if we compare this with his p. 29. Take heed you do nothing to the prejudice of the faithfull, Gods owne people, as he hath warned you by the ſpirit, ſaying; Touch not mine anointed, and do my Prophets no harme, &c. Theſe anoynted ones are the Lords Prophets, and the Lord Hath no Prophets but ſuch as are anoynted with the Spirit: Thus **And therefore they all preſume to preach and Propheſie.Chriſt was made the Lords Prophet: and thus are All his Brethren made Prophets, being fellowes with him in his unction. And therefore take heed how you meddle with the Lords anoynted ones, and with the Lords Prophets, &c. The Lord hath ſtill the ſame care of the ſame people, and will ſuffer no man to do them wrong but will reprove Kings, and Parliaments, and Kingdomes, and Cities, and Counties, and Committees; he will reprove them all, for their ſakes, and ſay; touch not mine anoynted and do my Prophets no harme, &c. We muſt either conclude, that the Prophets and anoynted ones he here pleads for, not to bee touched, are none elſe but Hereticks &c. who muſt neither be impriſned, nor killed, nor baniſhed, nor touched, nor harmed, by Magiſtrates, Parliaments, Kings, Kingdomes, Cities, Counties, or Committees (who now meddle with none but ſuch▪) or elſe, that he aſſignes the ſelfe ſame priviledges even to Here▪ ticks, as to Gods faithfull anoynted ones, Prophets, Sts. ſince Kings, Kingdomes, Parliaments, Citties, Counties, Committees, Magiſtrates, muſt no more touch, harme, impriſon, kill, baniſh the groſſeſt Hereticks (by Mr. Dells expreſſe Doctrin) then theſe. And then where is that grand priviledge which theſe anointed Saints and Prophets enjoy above the verieſt Heretick, Schiſmatick, Atheiſt, Apoſtate, Blaſphemer in the world? Is not this, my Brethren, ſtrange Newlight from ſuch a Comet as he is? But to let this paſſe, and come to a punctuall anſwer. As this text of the Pſalmiſt; Touch not mine anoynted and do my Prophets no harme, will prove no Sanctuary at all for Heretiks, Schiſmatick, or Blaſphemers (who are neither Gods anoynted, nor his Prophets) againſt the power of Kings and Chriſtian Magistrates, ſo will not the objected texts of Mathew and Titus. For the firſt of theſe, is ſpoken only of ggMath. 18. …. Lu. …7. 3.Matt 18private crimes and treſpaſſes betweene Brother and Brother, not of publike ſcandalous Hereſies, Schiſmes, Blaſphemies; and by the Church there intended (as many think) is not meant the Miniſters of the Goſpell, but the Iewiſh Sanhedrin or civill Magiſtracy▪ or if the Miniſters, or Church-Elders, then it is confined only to their Church-cenſures, not meant of the Magistrates puniſhments, as others aſſert. But let it bee one or other, the Argument thence is but this Nonſequitur.

p. 95He that refuſeth to give his brother, againſt whom he hath privatly and perſonally treſpaſſed, Satisfaction, upon the admonition of the Magiſtrate, Church, or Miniſter; is to be eſteemed as a Heathen, by him to whom he did the injury: and the church may duly excommunicate him for his obſtinacy.

Ergo, Chriſtian Kings and Magiſtrates, by Chriſts owne appointment, can inflict no corporall puniſhment, fine, impriſonment, baniſhment▪ or death upon open obſtinate Hereticks, Blaſphemers, Schiſmaticks, or Seducers, who diſturbe the peace both of Church and State, and ſeduce the ſoules of many.

Whether this be a ſolid Argument let all wiſe men judge.

For that of Titus 3. Paul teacheth us, after once or twice admonition to avoid an Heretick, not to impriſon, kill, or baniſh him: Ergo, Hereticks muſt only be avoyded, not impriſoned▪ killed or baniſhed by the chriſtian Magiſtrate; it is a moſt childiſh Argument and inconſequent. For firſt, Paul writs this to Titus a Miniſter as a Miniſter, no… a Magiſtrate, to avoyd (or reject) an Heretickeafter the firſt and ſecond admonition, and to treat with him no longer: who then as a Miniſter could by no Law of God or man, impriſon, kil or baniſh Hereticks, nor can our Miniſters or Claſſes do it now, nor claime they ſuch a power: Wherefore the Argument thence muſt be.

Miniſters of the Goſpell, as ſuch, have power only to avoyd and reject Hereticks, after the firſt & ſecond admonition, not to impriſon, kill, or baniſh them.

Erge Chriſtian Kings and Magiſtrates have only authority to avoid, reject, but cannot impriſon, kill or baniſh them.

If this be good Logick or Divinity, then by the ſelfe…ame reaſon they muſt neither impriſon, kill, nor baniſh Murderers, Traytors, Sodomites, Theeves, Fellons, (nor our Army impriſon, kill, plunder any Papiſts or Cavaliers) becauſe Miniſters as ſuch, cannot do it, but only admoniſh & avoyd them. Beſides; if this be granted, then it wholly takes away the Magiſtrates Sword, Office, Power, and makes him no more, no other then a Miniſter; firſt to admoniſh, and then to avoyd and reject Hereticks, and other Malefactors, not to puniſh them. And how will this agree with his owne contradictory aſſertion, p. 40. The Magiſtrates power hath under it the whole outward man: if an Hereticke, or Schiſmatick by his profeſſed practicall Hereſie or Schiſme, (which are outward offences and works of the fleſh) may exempt himſelfe from the Magiſtrates power? aly, the ſcope of the Text is not, that Hereticks ſhould only be avoyded by Miniſters even as ſuch, as Mr. Dell preſſeth it, for certainly Paul himſelfe proceeded further againſt Hyminaeus and Philetus, even to deliver them over unto Satan, 1 Tim. 1. 19. 20. 2 Tim. 2. 17. 18. which is more then barely to avoyd them, as all accord; And Peter informes us, 2 Pet. 2. 1. That falſe Teachers who bring in privily damnable Hereſies, ſhall bring upon themſelves ſwift deſtruction, even by the hand of humane and divine Juſtice too: Deut. 17. 16. But his ſcope is, that ſome Hereticks are ſo obſtinate, ſo dangerous, that after the firſt and ſecond admonition, he ſhould deale with them no longer, but preſently avoid them; as the very next words imply bbTit. 3. 10. 1….Titus 3:10Titus 3:1Knowing that he that is ſuch, is ſubverted, and ſinneth, being condemned of himſelfe, compared with the 2 Tim. 2. 16. 17. 18. This being the genuine ſcope of the Text, let us turne it into a formall Argument, and then it will be no more but this.

Miniſters muſt not ſo much as treat with obſtinate Heretickes after a firſt p. 96and ſecond admonition, but forthwith A void, and treat with them no more.

Ergo Magiſtrates muſt neither impriſon, nor Baniſh, nor put them to death after ſuch admonitions, but only puniſh them by avoyding them, neither may the Church ſo much as excommunicate, but only avoyd them.

Excellent New-light, new Logick; in good earneſt, an Ignis Fatuus might yield as good.

Thirdly, the ſame Apoſtle Paul in 2 Tim. 3. 1, 2, 3, 4, 5. informes us. That in the laſt dayes perilous times ſhall come; for men ſhall be lovers of their owne ſelves, &c. blaſphemers, diſobedient to parents, unthankfull, unholy, without naturall affection; truce-breakers, falſe accuſers, incontinent, fierce, deſpiſers of thoſe that are good, Traytors, heady, high minded, lovers of pleaſures more then lovers of God; having a form of godlineſſe, but denying the power thereof (and then concludes thus of theſe as he doth of an Heretick) from ſuch turn away, or avoide ſuch. Will Mr. Dell infer hence, as he doth from Titus, that blaſphemers, obſtinate and diſobedient children to their parents (puniſhable with death, by an expreſſe law, Exod. 21. 17. Deut. 21. 18. 19, 20, 21.) Truce-breakers, Traytors, are only to be avoided and turned from, but not whiped, impriſoned, baniſhed, fined nor put to death by the Magiſtrate, becauſe Paul here writes to Timothy and others, only to avoid, or turn away from ſuch: but not to whip impriſon, kill, fine▪ or baniſh them? Or will he argue from Prov. 1. 10. to 17. that murderers and theeves who lye in wait and make haſte to ſhed blood, are not to be impriſoned, baniſhed, or put to death, becauſe Solomon adviſeth men not to walk in the way with them, and refrain their feet from their path; but commands thē not to be put to death? If yea, this proclaimes him a profeſſed Anabaptiſt, denying all Magiſtracy and the power of the ſword under the Goſpel, yea contradicts his own conceſſion, p. 27. That the Magiſtrate hath power over the perſons, eſtates, and lives of thoſe who are outwardly wicked, (as open Hereticks, Schiſmaticks, and Blaſphemers, ar….) If no, then his argument for not puniſhing Hereticks with impriſonment, baniſhment▪ death, from Titus, will no more hold nor ſatiſfie, then my objection for the not puniſhing of Traytors, Blaſphemers, Murderers, Theeves, with corporall or capitall puniſhment, from Timothy and the Proverbs: ſince the word avoiding, is uſed in all three Texts alike, without any mention of corporall or capitall puniſhments, fines, death. Wherefore they may inflict ſuch puniſhments on them, if they ſee cauſe, as Tit. 3. 1. will ſufficiently warrant, compared with Rom. 13. 3, 4.

Fourthly, there is no inhibition to Magiſtrates in any of theſe texts, not to puniſh obſtinate Hereticks with impriſonment, fines, death, and expreſſe warrant to do it in others. Therefore this objection is a meer abſurdity.

His fifth Objection is more abſurd. Again, Thoſe that do theſe things ſhall Object. 5not inherit the kingdome of God: And again, He that believeth not ſhall be damned: but not one word of outward or corporall puniſhment in all the Goſpel: (I ſhall adde, nor yet one word againſt it.) Ergo, Hereticks, Schiſmaticks, Blaſphemers are not to be puniſhed by the Chriſtian Magiſtrate with outward or corporall puniſhment, but only with the loſſe of Heaven and eternal damnation.

p. 97Learnedly argued. Had Mr. Dell cited his firſt text fully and thus applyedAnſ. it, his auditory might well have hiſſed him out of the Pulpit, and his very Saints, if they had any Saintſhip or Sanctity in them, bluſhed at ſuch licentious and prophane Divinity: wherefore to right the Truth, and ſhame him out of his abſurd wreſtings of Scripture, I ſhall quote the firſt text intirely, and then apply his inference to it. The text (though it ſeemes he was afraid to quote it) is Gal. 5. 19▪ 20. 21. Now the workes of the fleſh are manifeſt, which are theſe, Adultery, Fornication, uncleaneſſe, Laſciviouſneſſe, Idolatry, Witchcraft, Hatred, variance, emulations, Wrath, ſtrife, ſeditions, **Hoereſes Pau…us inter carnalia crimina enumerat. T… tullianus aduerſus Haereſer. lib.HERESIES, Envyings, MVRDERS, Drunkenneſſe, Revellings, and ſuch like, of which I tell you before, as alſo I told you in times paſt, (here comes in Mr. Dells quotation) that they which doe ſuch things ſhall not inherit the Kingdome of God. Here (ſaith Mr. Dell) is not one word of outward or corporall puniſhment, nor in all the Goſpell: Therefore Miniſters muſt not goe to Magiſtrates, nor ought Magiſtrates ex officio, nor upon any complaint, to puniſh all or any of theſe workes of the fleſh, with impriſonment, ſale of goods, death, baniſhment, or any outward or corporall puniſhment, but they muſt be puniſhed only with the loſſe of the Kingdome of God. This is the formall Argument in Bleſſed God, what ſtrange Divinity and New-light is this to be preached on a Faſt day before a religious and learned Parliament, and then printed and iiSo is the Title Page.publiſhed (after a manifeſtation of the houſe of Commons diſlike) FOR THE GOOD OF THE FAITHFVLL AND AT THEIR DESIRE; and averred in his Epiſtle Dedicatory to the Commons houſe, with infinite confidence and artogance to be kkThe epiſtle Dedicatory.the minde of God, the doctrine of Ieſus Chriſt, the true Doctrine of the Goſpell, &c. Will Mr. Dell with his Saints, his faithfull and anoynted ones, GODS PECVLIAR PORTION IN THE KINGDOME (ſo he moſt arrogantly ſtiles them, as if God had no portion, Saints, faithfull ones, Church, amongſt us but thoſe alone) now proclaime to all the world in print, even in a Faſt Sermon; that none of all theſe workes of the fleſh▪ No not Adultery, Fornication, uncleaneſſe, Idolatry, Witchcraft, Seditions, Hereſies, Drunkeneſſe, Murder, nor any other (ſuppoſe Sodomy, Treaſon, Rebellion, Atheiſme, Blaſphemy or the moſt horrid outrages eſpecially if the offendors therein think any of them lawfull in point of conſcience) are ſo much as once to be puniſhed with any outward corporall or Capitall puniſhment whatſoever, by any Chriſtian Magiſtrate, Maſter, Tutor, or Parent but only with the loſſe of heaven? Is this the Reformation that theſe Newlights intend? the Liberty of Conſcience they preach for, write for, fight for? the Kingdome and Diſcipline of the Lord Jeſus Chriſt which theſe Saints' theſe faithfull ones, this peculiar portion of the Lord, will ſet up among us' as Mr. Dell (at their deſires and for their benefit) here proclaimes it is, without bluſhing? If ſo, then it is high time for us to looke after theſe Black-Saints deſignes, to **See Mr. Edwards Gangraena part. 3. Lilburns Londons Liberty in Chai…es diſcovered, Mr. Bailies Anabaptiſme Ch. 1. 2. 3. 4.blow up all Magiſtracy, Parliaments, Lawes Divine and humane, to introduce Anarchy, Libertiniſme, impunity of all Hereticks, Blaſphemers, Seducers, Malefactors, how pernitious ſoever, to let corrupt Nature and graceleſſe Hereſies looſe to take their full ſwing▪ and plung men into all ſorts of wickedneſſes, crimes, villanyes▪ outrages with impunity in this world; p. 98which could not once have entred into my heart to beleeve, had not Mr. Dells words and Arguments enforced me thereunto. Certainely if this bee the Liberty of Conſcience they deſire, plead, fight for, the bleſſed Reformation they intend, Heaven and Earth may judge what Saints they are, and I may without breach of charity averre, that the very worſt of Presbiterians, nay of Heathens are in this particular better Saints then they, who never pleaded for, out alwayes againſt the impunity of ſuch workes of the fleſh as theſe, and have ſeverel▪ puniſhed them with outward corporall puniſhments from the very light of nature only. But to let this paſſe, (which I could not but take notice of, ou… of zeale to God and our diſtracted Republike,) the force of Mr. Dells argument hence, is only this. Paul, and all Miniſters by and from this Text, are to warne and informe men, that thoſe who doe the workes of the fleſh forementioned, ſhall not inherit the Kingdome of God, ſince they name no outward puniſhment in this text, he cites, (though he doth in ſundry others forecited.)

Ergo, Magiſtrates under the Goſpell cannot puniſh Heretickes, Schiſmaticks, Seducers, Blaſphemers, or any work of the fleſh with any outward or corporall puniſhment.

Did ever any man ſo confidently propound ſuch ſhallow Independent Arguments, before a moſt juditious Parliament in a Pulpit, and then dedicate the ſame to them with ſuch boldneſſe in print, before Mr. Dell? What if Paul writing as an Apoſtle to the Galathians (only as private Chriſtians) to beware of theſe workes of the fleſh, becauſe thoſe who commit them ſhall not inherit the Kingdom of God; will it therefore follow, that Magiſtrates may not puniſh any for theſe workes with corporall or capitall puniſhments? If ſo, then they muſt **Since all workes of the fleſh all be and …u…l… together … this text: and vvee are vvarned to b… vvare of them to, becauſe ſuch vv…o commit them ſhall not inherit the Kingdome of God.not puniſh Murther, Witchcraft, Sedition, Adultery, Drunkenneſſe, no more then Hereſie, Schiſme▪ or Idolatry. Had Paul writ this Epiſtle to Chriſtian Kings Magiſtrates, and told them, that theſe workes of the fleſh muſt, …er the Goſpell, be puniſhed only with loſſe of Heaver; the objection had …in conſiderable; but writing here neither of, nor to Kings or Magiſtrates, no… of their temporall power to puniſh ſuch workes as theſe: the argument is muſt abſurd, and Childiſh. The rather, becauſe though Paul▪ & the Spirit of God in this Text ſpeake not of inflicting outward puniſhments on thoſe who commit the carnall works here ſpecified, yet they clearely enjoyne Magiſtrates thus to puniſh them, in other Texts both of the Old and New-Teſtament, and that both corporally and capitally, as I have proved in the premiſes: And Paul himſelfe in terminis aſſerting, Rom. 13. 1, 2, 3, 4. That the Higher Powers are ordained of God, and are his Miniſters for the puniſhment of evill doers, and his revengers to execute wrath upon them that do evill; prohibiting them neither in this, nor any other Text to puniſh ſuch corporally, or capitally, overthrowes this warlike diſputant, horſe and man, and layes his Argument in the D…ſt for ever.

His 2d. Scripture and Argument from it: Hee that believeth not ſhall bee damned: Math. 16. 16. not one word of outward and corporall puniſhment, nor of impriſonment, baniſhment, loſſe of Goods, or life: receive the ſelfeſame anſwers as the former: only with theſe further additions to manifeſt the abſurdity p. 99of the inference from it: Firſt, that Chriſt in this Text, ſpeakes only to his Apoſtles, what they ſhould preach to Heathens (who had then no Chriſtian Magiſtrates) to convert them to Chriſtianity, not what they ſhould preach to Chriſtian Magiſtrates, to inſtruct them, how and with what cenſures they ſhould puniſh Hereticks, or other malefactors; a ſubject of a quite different nature. To argue then from hence: Magiſtrates muſt not puniſh Malefactors by vertue of other Texts, becauſe Chriſt tells the Apoſtles in this, what they are to preach to ſuch as would not believe, is a groſſe abſurdity. 2dly. Chriſt ſpeakes here only of …agans and others who believed not the Goſpell when preached, not of Hereticks, Schiſmaticks, or Seducers [whon llEpiſt Dedicatory.Mr. Dell reputes and ſtiles THE FAITHFVLL, &c. though publikely and ſhamefully called Heretickes, and Sciſmaticks,) and of their eternall puniſhment, meerely for unbeliefe, not for Hereſy, Schiſme, Blaſphemy, nor of the temporall puniſhment of ſuch, nor yet of unbelievers, by the civill Magiſtrate. Therefore to argue from meere Infidelity, to Hereſie, Sciſme or Blaſphemy▪ [which are crimes of a different nature,] and from the eternall puniſhment▪ of the one, to deny the corporall or capitall temporall puniſhment of the other, as Mr. Dell doth, is a moſt illogicall ſenceleſſe manner of diſpute, yea tranſitio a genere ad genus, exploded by the Schooles: And thus I have routed Mr. Dells maine Battalia, and broken every ſquadron of it quite in peeces.

I now proceed to the 5th. Objection, which is thus: and it is mmRight Reformation P 29.Mr. Dells Object 5.too; Chriſt reproveth his Diſciples for diſcovering ſuch a Spirit of Tyrany, as to puniſh men for not receiving him, Lu 9. when the Apoſtles out of a **Marke how this inſolent man, blaſts and cenſures the very Apoſtles themſelves.Prelaticall and Antichriſtian Spirit in that particular, deſired fire to come downe from Heaven upon them, that would not receive him, Chriſt did ſeverely rebuke them, ſaying, Yee know not of what Spirit ye are: not of Chriſts Spirit, which is meeke, but of Sathans, who was a murtherer from the beginning, and of Antichriſts, his firſt begotten in the world; and he addes, the Son of man came not to deſtroy mens lives but to ſave them: And therefore to go about to turne the Goſpell, not to ſave mens lives, but to deſtroy them, and ſo to change Chriſt himſelfe from a Saviour to a Deſtroyer, this is Antichriſt triumphant. All theſe things ſhew, that worldly power Hath no place at all in the Reformation of the Goſpell: So he moſt Magiſterially determines, more confidently then ever the nnSee Lucas Oſiander Enchirid: Contro: cum Anabaptiſtis cap 9. qu. 2 arg: 10. a…dqu 4. arg 4. Mont…orcius apud B…z… d… Haereticis a Magiſtratu civili puniendisAnabaptiſts did, to whom he is beholding for this New-light and Argument, who preſſe it with more earneſtneſſe, the… judgement or ſucceſſe.

I Anſwer, that Mr. Dells confidence is farre ſtronger then his Arguments, which in truth are weakneſſe, and this Argument as weake as any, when examined, and the objected Text ſet right. The place quoted is Lu. 9. 51. to 57. (wherein he brands the Apoſtles themſelves as infected with a Prelaticall andAnſ. Antichriſtian ſpirit, before Prelacy or Antichriſt were riſen up in the world an unparalleld abuſe and abſurdity,) where we read That Chriſt ſtedfaſtly ſet his face to go to Jeruſalem, and thereupon ſent Meſſengers into a Village of the Samaritans to make ready for him; (not to preach to them:) And they refuſed to receive him, becauſe his face was as though he would go to Jeruſalem; p. 100(the Jewes being then at great emnity with the Samaritans and having no dealings with them, John 4.9.) And when his Diſciples, Iames and Iohn ſaw this, they ſaid; Lord, wilt thou that we command fire to come downe from heaven, and conſume them, even as Elias did? But he turned and rebuked them, and ſaid; yee know not what manner of Spirit yee are of; For the Son of man is not come to deſtroy mens lives, but to ſave them. This is the full ſtory. In which it is obſervable.

Firſt, That there was here no refuſing of Chriſts owne nor of his Meſſengers Doctrine, preaching, but only of their Perſons.

2ly. That this refuſall was not out of any diſaffection to Chriſt or them, as Chriſt, or Chriſts Meſſengers, but becauſe they were going up to Ieruſalem, which was then at emnity with the Samaritans.

3ly. That for this bare refuſall to receive them only upon this ground, Iames and Iohn, out of a fiery raſh zeale and ſpirit of revenge, (not a Prelaticall or Antichriſtian ſpirit, not then in being) would preſently have a miracle wrought, and a miraculous puniſhment ſuddainly inflicted upon them, even to their diſtruction, for ſuch a ſmall neglect.

4ly That themſelves would take upon them the powet to worke this miracle, not leave the manner or honour of it to Chriſt (a very great preſumption in them) as this clauſe Lord wilt thou that WE command fire to come downe from heaven to conſume them? fully intimates.

5ly. That they vouch the preſident of Elias (even as Elias did) whoſe caſe was no waies parellell; for the nn2. Kings. 19. to 14.2 Kgs 19Captaines and their fifties, whom he deſtroyed with their fifties, were ſent with an expres command from the King, to apprehend him by force, or offer violence to his perſon if he refuſed to com down, without any juſt cauſe at all; and they did it in an imperious manner. But here was no violence at all intended nor offered to Chriſt or his followers, only they would not receive them, becauſe they were bound for Ieruſalem: Therefore they were juſtly checked by our Saviour for it.

6ly. They did it meerely out of private revenge; Non …elo juſtitia, ſed amaritudinis odio, ob injuriam ſuae expultionis vindicandam…, as **Cauſ…. 23. qu. 4 fo. 45.Gratian **De Mageſtratn Polit. …. 9 qu. 2. 4.Oſiander qqSteſla. Mar…rat and other▪Epoſiters generally obſerve, on the place; which is contrary to the Scripture and concernes not the Majeſtrate. Turn this then into a formall Argument, and it will bee only this Inconſequent.

Iames and Iohn are rebuked by Chriſt, for that they, being his Diſciples not Magiſtrares, would themſelves have commanded fire to come downe from heaven, in a miraculous way, to deſtroy the Samaritans, onelyonly for not receiving his perſon as he was travelling to Ieruſalem, becauſe he was going up thither, and for none other cauſe, and that out of private malice and reveng. Ergo Chriſtian Kings, Magiſtrates, and the Powers of the world, have no place at all in the Churchesreformation vnderunder the Goſpell, and may not pariſh any H…ri…ick, Schiſmatick, Blaſphemer, or Malefactor with death, or corporall puniſhments: and to do it, is to change Chriſt from a Saviour to a Deſtroyer, and is Antichriſt Triumphant.

Was ever ſuch a craſy Argument propounded by any man in his right ſences, before ſuch a preſence, the concluſion having not the leaſt Coherence with the p. 101Premiſes on which it is grounded? When Ma. Dell can prooue; that theſe very Diſciples then had as much power to puniſh Malifactors, as Majeſtrates; that there was the ſame ground for them to uſe miraculous corporall puniſhments, as for Majeſtrates to inflict ordinary ones upon offenders; and the ſame reaſon for theſe Diſciples to puniſh the leaſt neglect of Chriſts perſon as a Traveller only, with fire from heaven and extraordinary death, (for which there was no written Law of God at all,) as there were and are for Majeſtrates to puniſh Heriſie, Idolatry Blaſphemy obſtinate Schiſme, and other offences with ordinary corporall and capitall puniſhments, for which there are written precepts; then I ſhall give further anſwer to this obiection; till then I ſhall forbeare, and proceede to anſwere that which is moſt conſiderable, in this text; to wit, Chriſts ſpeech to theſe furious Diſciples. Whence the Argument ſtands thus.

The Sonne of man is not come to deſtroy mens lives but to ſave them. Lu. 9. 56.

Ergo▪ Chriſtian Kings, Majeſtrats under the Goſpell muſt not deſtroy the lives of Haeretickes, Blaſphemers, nor yet of Traytors, Murderers, or any Malefactors whatſoever, (as wel as of Heretickes, Blaſphemers, &c. as the Anabaptiſts uſually preſſe it) nor yet puniſh Hereticks or Blaſphemers with any outward or corporall cenſures; and if they do, this is to make Chriſt no Saviour, but a Deſtroyer, and is Antichriſt Triumphant.

Surely Mr. Dell is an excellent Chymiſt, who can extract quodlibet ex quolibet, and draw any concluſion out of whatſoever premiſes even by head and ſhoulders, as here: For firſt, will it follow; that becauſe Chriſt himſelfe in his owne perſon, as a Saviour, came not to deſtroy mens naturall lives, but to ſave them; Ergo the civill Chriſtian Magiſtrate, who is Gods owne avenger, and is oft expreſly commanded by Gods word, ooDeut. 13. Exod. 21. 12. 13▪ 14. 2 King 23. 10. to 2…. Math. 26. 52. Dute. 17 2. to 14. c. 19. 12. 1…. Levit. 24. …1. to 17.Deut 13Exod 21:12Exod 21:13Exod 21:142 Kgs 23:10Matt 26:52Lev 24:1–17to put Idolaters, Blaſphemers, Murderers, and other Malefactors to death, is to puniſh no Malefactors at all with death now under the Goſpell? If Mr. Dell ſhould preach ſuch Doctrine in our Armies, might not all our Souldiers of his New-way▪ by like or better Logick conclude thus from this Text: Chriſt came not to deſtroy mens lives but to ſave them: Ergo we who are chriſtian Souldiers, (who muſt imitate our ppHebr▪ 2. 10 …. Tim▪ 3. 4.Heb 2:10Capt. Jeſus Chriſt) muſt now lay down our Armes, repent of all the blood we have ſhed, of all the Cavaliers lives wee have already deſtroyed, and hence forth kill no more publike Enemies, deſtroy no more Iriſh Rebells in the field, neither by way of Defence, nor Offence, becauſe Kings & Magiſtrates themſelves, [who have more authority then we Souldiers] cannot inflict any corporall, or capitall puniſhment of death, on any Malefactors (by Mr. Dells Argumentation hence) though legally convicted of capitall Crimes; eſpecially if they fight for defence of their Religion, as the Papiſts and Iriſh Rebells pretend they doe, and Cavaliers too heretofore.) If Mr. Dell dare propoſe or preſſe no ſuch Argument from this Text unto our Souldiers in the Campe, I wonder he durſt ſo boldly inforce the like, with ſo much earneſtnes, upon our Parliament and Magiſtrates in the Church, and preſent it to them in the Parliament houſe in print.

2dly. Will it follow hence, that becauſe Chriſt uſed this Speech, as a Prophet, a Saviour only, not a Magiſtrate; Ergo he came not to puniſh or deſtroy p. 102mens lives at all, as a King, when there is juſt cauſe for him to do it? How then will M…. Dell reconcile or anſwer this expreſſe text to the contrary, in the ſame Evangeliſt? Luke 19. 17. But thoſe mine Enemies that would not that I ſhould raigne over them, bring them hither AND SLAY THEM BEFORE ME: together with Pſal. 89 23. Pſal. 110 5. 6. Rev. 17. 16. 17. c. 19. 17. 18. Math. 21. 41. to omit other quotations. Or how can he juſtifie Peters extraordinary miraculous killing and deſtroying the Lives of Ananias and Saphyra, under the Goſpell, only for lying to the Holy Ghoſt. Acts 5. 1. to 12? If then Chriſt himſelfe as a King, will ſlay and deſtroy his Enemies lives when they give him juſt occaſion, though he came to deſtroy no mans life, as a Saviour; may not Chriſtian Kings and Magiſtrates, by like reaſon, kill and deſtroy the lives of capitall Heretickes and Malefactors in a legall manner, though Chriſt as a Miniſter or Saviour came not to deſtroy their lives, but ſave them? If ſo, then this grand argument is a meere inconſequent from this Text. Hence the Rhemiſts in their Annotations on the New-Teſtament, have this Note on this very text. Notjuſtice, nor al rigorous puniſhment of ſinners is here forbidden, nor Elias fact reprehended, nor the Church, nor Chriſtian Princes blamed, FOR PVTTINGNOTE. HERETICKS TO DEATH; but that none of theſe ſhould be done for deſire of particular revenge, or without diſcretion or regard of their amendment, or example to others: Therefore Saint Peter uſed his power upon Ananias and Saphyra, when he ſtruck them even to death, for defrauding the Church: which Doctor Fulke and Mr. Cartwright both approve, and reply not thereto. 3ly. If the objected words of our Saviour, bee rightly qualified in his owne ſence (farre different from that Mr. Dell would thruſt upon them) the abſurdity of the Argument will more viſibly appeare. To cleare therefore their true meaning, I ſhall compare them with a like ſpeech of his, Iohn 12. 47. For I came not to judge the world, but to ſave the world: and Math. 18. 11. Luke 9. 10. For the Son of man is come to ſeek and to ſave that which was loſt: From whence it is evident: Firſt, that theſe words of Chriſt were principally meant, of deſtroying and ſaving mens lives, in a ſpirituall, not Naturall ſence; and that for all eternity: For, to make the end of Chriſts comming only to ſave mens lives from temporall deſtruction, and preſerve men from temporall death by the hand of humane Juſtice, eſpecially when they offend, (as Mr. Dell interprets it) is infinitely to derogate from the prime end of his comming; the rather, becauſe Chriſt ſaved only a few diſeaſed perſons lives, (not any Malefactors, no not the penitent Theefes crucified with him) from temporall death, but ſaved all his Elect from eternall death and deſtruction. 2ly. They muſt be thus underſtood, that the principall end of Chriſts comming, was not to deſtroy mens lives with temporall or ſpirituall deſtruction, but to ſave them: or at leaſt, not to deſtroy them without juſt grounds: or, not in any extraordinary manner, with fire from Heaven, or upon ſo ſlight an occaſion as the Apoſtles would have him here: but not his only end; For Chriſt hhmſelfe is a Rock of offence, a ſtumbling blocke, yea a ſavour of death unto death, unto many, and will grind ſome unto pouder. 1. Pet. 2. 7. 8. 2. Corinth 2. 15. 16. Lu. 2. 34. Math. 21. 44. yea, the very Angell of the Lord ſmote Herod, that he was eaten up of Wormes, and gave up the Ghoſt: Acts 12. 23. And p. 103Chriſt by Peters miniſtery ſmote Ananias and Saphyra with temporal death, Acts 5. 1. to 10. Since then this Text is to be underſtood in theſe ſenſes; and like that of Paul, 1 Cor. 1. 17. For Chriſt ſent me NOT to baptize (that is, not ſimply not to baptize any, for that he did, v. 14, 15, 16. but chiefely and principally) but to preach the Goſpel (which is my principall and main buſineſſe:) it will no wayes warrant Mr. Dels Anabaptiſticall ſenſe of, or concluſion from it: to wit, that Chriſt came ſo to ſave…mens lives as that he exempts the lives and perſons even of Hereticks, Blaſphemers, yea all malefactors from the power of Kings and Chriſtian Magiſtrates, ſo as they may not juſtly put them to death for any offences, though moſt capitall. Finally, admit that Chriſt came to preſerve the naturall lives of Hereticks, Schiſmaticks, Blaſphemers, and the groſſeſt malefactors from the ſword of juſtice, and the Chriſtian Magiſtrates power; yet this extends not to ſecure them from impriſonments, fines, baniſhments, and ſuch other corporall puniſhments which are not capitall, as Mr Dell here infers. Therefore it no wayes warrants his concluſion againſt all corporall and outward puniſhments. And ſo I have ſcattered this Brigade of his for ever rallying again.

The 6 Objection is this, qqA Reply of Two of the Brethren to. A. S. p. 56. 57. 58. Mr. Dells Right Reformation p. 14. 15. 16. 19. 20. 22.made by Mr Del and others. God hath appointed Obj…ct. 6.his Word and the Miniſtery of it, to be the inſtruments of converting men and ſtopping the mouths of gainſayers, Tit. 1. 9. 11. for the caſting down of imaginations, and every high thing that exalts it ſelf againſt the knowledge of Chriſt, and for bringing every thought into captivity, and into obedience to Chriſt, 2 Cor. 10. 5. Yea, God hath appointed the Miniſters, in meekneſſe to inſtruct thoſe that oppoſe themſelves, if God peradventure will give them repentance to the acknowledgement of the truth, 2 Tim. 2. 24. 25. and to edifie the body of Chriſt, till they all come in the unity of the Spirit unto a perfectman, unto the meaſure and ſtature of the fulneſſe of Chriſt, Epheſ. 4. 11. 12. Yea Chriſt (addes Mr Dell) doth ALL THAT EVER HE DOTH in his Kingdome by his Word: and Chriſt ſent forth his Apoſtles not with any power of ſwords or guns, or priſons, to reform the world, or with any power of States or Armies; but ſent forth poor illiterate mechanick men, and only armed them with the power of the Word, and behold what wonders they wrought by that power alone. They turned the world up-ſide down; they changed the manners, cuſtomes, religions, worſhip, lives, and natures of men, &c. And all this they did, not with any earthly or ſecular power, but by the miniſtery of the Goſpel alone, Chriſts great and only inſtrument for the conquering, ſubduing and reforming of the Nations. By it, and his Spirit, he reformes not only all ſinnes in the Church, but Hereſies, Errors and Falſe-doctrines (which it ſeemes he counts no ſins, becauſe not included in the former general ALL SINNES.) Ergo, Hereſies, Falſe religions, Sects, and Schiſmes, ought to be tolerated by the Magiſtrate, and reformed only by the Word, but not ſuppreſſed and puniſhed by a ſtrong hand, as by fining, impriſoning, disfranchiſing baniſhment, death, or the like; which being outward, cannot reach to reform or convert the inner-man, which is beyond not only the power, but cogniſance of the Secular powers. This was the **See Auguſt. lib: 2. Contt Liter: P…tiliani… & Lucas Oſiander de Magiſtratu civili: c. 9. … 2, 4.Donatiſts and Anabaptiſts objection of old, from whom Mr Dell hath borrowed it.

p. 104To this I anſwere. 1. that though the word and Miniſtry of it, be the principall meanes of converting, reforming and convincing Hereticks, Blaſphemers, Errors, Schiſmes, as is objected; yet it no wayes juſtles out or deſtroyes the coercive power, the corporall and capitall puniſhments of the Chriſtian Magiſtrate for ſuppreſſing Hereſies, Errors, Schiſmes, Blaſphemies, and puniſhing thoſe who are guilty of them under the Goſpel, no more then it did their ſuppreſſing and puniſhing of Idolatry and Blaſphemy under the Law with temporall death and cenſures, as I have formerly proved. To make this apparent, I ſhall lay down theſe Poſitions.

Firſt, that the greateſt part of ſuch who profeſſe themſelves Chriſtians, and converted to the outward imbracing and profeſſion of the Goſpel, are yet not really nor inwardly converted to the ſaving obedience and practiſe of it.

Secondly, that inward imbracing or outward profeſſion of the Goſpel, doth[ſ] Rom. 13. 4. c 16. 17. 18. 2. Pet. 2. 1. 2. Phil. 3. 2.Rom 13:42 Pet 2:12 Pet 2:2Phil 3:2 not exempt Chriſtians either from the rrThis he ſeemingly graunts. p. 27. 40. & in his Epiſtle Dedicatory.power or puniſhment of the Magiſtrate for any evill deeds, nor from committing ſuch crimes or evill actions as may deſerve the Magiſtrates cenſure, and fall under his coercive and[t] Gal. 5. 19. 20.Gal 5:19Gal 5:20 avenging power, as is clear by Rom. 13. 1. to 7. 1 Pet. 2. 13. 14. Tit. 3. 1.

Thirdly, that obſtinate Hereticks, falſe Teachers, Blaſphemers, Schiſmaticks, are evill doers; and Hereſie, Blaſphemy, Errors, Schiſmes, (**Gal. 5. 19. 20. 21. 2 Pet. 2. 1. &c. Rom. 16. 17. 18.Gal 5:19Gal 5:20Gal 5:212 Pet 2:1Rom 16:17Rom 16:18 meer works of the fleſh,) are under the proper juriſdiction and ſubject to the cenſures and coercive power of the Magiſtrate, as well as other malefactors, and carnall crimes.

Fourthly, that converſion of Infidels and Pagans to chriſtianity, and the reclaiming of Hereticks, Schiſmaticks, Blaſphemers, Idolaters, Seducers, or other Malefactors from their evill wayes, is one thing; uſually wrought by one kinde of inſtrument, to wit, the uuActs 26. 17. 18. See Mr. Rutherfords due Right of Preſbyteries. p. 353. 354. 362. 363.Acts 26:17Acts 26:18Word and miniſtery of it; and the puniſhing, ſuppreſſing, reſtraining of ſuch as theſe, from the publick practiſe or venting of their Hereſies, Errors, Schiſmes, Blaſphemies, Idolatries, or other crimes, to the provoking of Gods wrath, the hurt, infection, diſturbance of others, a quite other thing, wrought by different meanes and inſtruments; to wit, by the civill Magiſtrates Sword and corporall cenſures. To argue then as the Objectors doe, That the word and Miniſtry of it, are the vſuall and principal meanes appointed by Chriſt inwardly to convert men from Paganiſme, Hereſie, Idolatry, Error, Schiſme, unto the orthodox truth and to inward piety and Sincerity. Ergo the Magiſtrate may not puniſh nor ſuppreſſe theſe crimes, ſinnes, to hinder their outward ſpreading, infecting of others, or to prevent or remove Gods judgements, or preſerve the peace of Church, State, is a moſt groſſe Non ſequitur, ſince both of them are co-ordinate and conſiſtent together, not juſling out one another.

2ly. I anſwere, That the Apoſtles were no Magiſtrates, but Preachers; nor yet illiterate mechanicks, as Mr. Dell ſcandalouſly terms them; but endued with the extraordinary xxActs 2:1. … 12▪Acts 2:1Acts 2:12gift of all Tongues, and infallibly yyIohn. 16. 13.John 16:13guided into all truth by the Spirit, & that to **Acts 26. 17. 18.Acts 26:17Acts 26:18convert Pagan Nations to Chriſt, not to inflict corporall or capitall puniſhments on them for their Idolatries, Hereſies or other crimes. Therefore Chriſt ſent them out armed zzMath: 28. 19. 20 Mat: 16 15. 16.only with his word and Spirit, not with the power of ſwords, gunnes, Priſons, or any p. 105power of States or Armies, who were then all aaPſal. 2. … Acts 4. 25. to 31.Ps 2Acts 4:25–31Iewiſh or Heatheniſh & profeſſed Enemies to Chriſt: Wherefore, to argue from this practice, or nonfeſance of the Apoſtles, the unlawfulnes of the Magiſtrates coercive power, or of corporall or capitall puniſhments to ſuppreſſe obſtinate Hereticks, Falſe Teachers, Blaſphemers, Schiſmaticks, Idolaters, is a ſtrange abſurdity; and they may as well inferre from hence, that Magiſtrate may neither reſtraine nor puniſh Traytors, Murderers, Theeves, Rebells, becauſe the Word is as able, as powerfull, as apt by Gods own inſtitution, to reforme, reclaime all kinde of ſinners; and Malefactors, as Hereticks, Blaſphemers, Schiſmaticks, falſe Teachers or Idolaters.

3ly. If Chriſt did not ſend out his Apoſtles armed with any power of ſwords, Gunnes, States or Armies to convert and reforme the world, but did it by the word alone: then what warrant have any of Mr. Dells new anoynted Prophets, or any **See Mr. Edwards Gangranaes.Reformado Captaines or Souldiers of his way, (contrary to an expreſſe Ordinance of both houſes) to go preaching, reforming or rather deforming, diſturbing and ruſhing every where, into our Pulpits, with their Swords, Piſtolls, Gunnes, Troopes, Troopers, to convert and reforme men, to ſtile themſelves not only the Reformed, but reforming Souldiers too, as uſually they doe? Certainly if Mr. Dells objection be true, they have in this much tranſgreſſed againſt the Goſpell, and Chriſts inſtitution of late, and muſt hence forth ceaſe to be ſuch Preachers and Reformers, or elſe lay downe their Armes before they may or can be ſuch. The rather, becauſe bbPage 13. 14.Mr. Dell himſelfe tells the Parliament from that ſpeech of Nathan to David. Thou ſhalt not build an Houſe unto my name, for thou haſt beene a man of Warre, and haſt ſhed much blood, &c. So I ſay unto you touching this worke of Reformation: You did well in that it was in your hearts to reforme the Kingdome of God, and the ſpirituall Church, which is Chriſts owne deare body: Nevertheleſſe, You ſhall not reforme it, for you have beene Mon of Warre; that is, you have managed a great and mighty Warre, againſt great and mighty Enemies, and have ſhed much blood Therefore you ſhall not do this work having beene men of Warre, For this is not a worke of Men of Warre, but of the Prince of Peace &c.

If this be the truth of God, and mind of Jeſus Chriſt (as Mr. Dell aſſerts it) I hope it will both informe and reforme, ddEpiſtle Dedicatory.our preaching reforming Souldiers, and men of Warre, who have beene formerly peccant againſt this Doctrine, and a ſpeciall Ordinance of both Houſes, ſince they have beene actually, but the Parliament only Virtually, engaged in this preſent bloody Warre. And ſo much the rather, becauſe we read in Scripture Luke. 3. 14. That when the Souldiers came to Iohn the Baptiſt, and demanded of him, what ſhall wee doe? He ſaid unto them. Do violence to no man, neither accuſe any falſely: and be content with your wages He bid them not, goe and preach the Goſpell: this was a proper worke for Miniſters, and Apoſtles, not for Swordmen: So Acts 10. 12. We read of Cornelius a Centurion of the Italian band, a devout man, and one that feared God with all his houſe, that he gave much Almes to p. 106the people, and prayed to God alwayes; but yet we never finde that he publikely preached: yea, he was ſo farre from this, that the Angell of God appearing to him, commanded him to ſend to Ioppa and call for Symon Peter: and he ſhall tell thee what thou oughteſt to doe: whereupon he called two of his Servants and a devout Souldier; (yet no preacher that we read of, no not in nor to his owne Family, Regiment or Troope,) and ſent them to Ioppa for Peter: who comming unto his houſe, he found many that were come together; who were all there preſent before God, (not to preach but) to HEARE all things that were commanded him of God: Whereupon he opened his mouth and preached to them; and whiles he ſpake the Holy Ghoſt fell upon all them that heard the word, ſo that they ſpake with Tougues and magnified God; whereupon they were all Baptiſed in the name of the Lord. If theſe devout Souldiers then, were only Auditors, but no preachers in the Apoſtles dayes, it were well thoſe Souldiers, who now pretend to reduce all things to the Modell of thoſe primitive times, would be ſo modeſt and Chriſtianly wiſe, as to imitate Cornelius his example, who was as devout, as charitable, as frequent in prayer, and one that feared God with all his houſe as much, as any of our preaching Ceuturions or Souldiers now; and not uſurpe the Miniſters office, no more then the Magiſtrates or their ſuperior Commanders; which they may doe with as much reaſon; being ſent forth and hired by the Parliament, not to preach the Goſpell, but to fight. However, Gods ſpeech to David, and Mr. Dells ſtrang application of it to the Parliament, muſt no wayes hinder the Parliament or our Magiſtrates from drawing out the ruſty Sword of Iuſtice againſt all Hereſies, Errors, Schiſmes, Blaſphemies, which they are to puniſh, ſuppreſſe, or at leaſt endeavour to reforme by outward puniſhments and coercive Lawes.

4ly. Whereas it is mainly inſiſted on, that outward puniſhments can no wayes reach, nor reforme the inward man, and that the word is the only inſtrument which muſt do it: I dare boldly averre, and ſhall evidently approve it, to be a moſt falſe & dangerous poſition, directly contrary to the minde & word of God. For firſt of all, not to argue, that as the very body and outward man infect the created ſoule infuſed into it, not only with [Pſ… ▪ 51. 5 Gen. 6. 5.Gen 6:5] originall and actuall ſinne; [being free from both when firſt infuſed] and therefore by like reaſon may be a meanes of its reformation and repentance: And as the ſoul and inward man are by the Eyes and Eares [Gen. 3▪ 6. …oſh. 7. 21. Math 5. 28. 2▪ Pet. 2. 14. 1 Cor. 15. 33.Gen 3:6Matt 5:282 Pet 2:141 Cor 15:33] oft times infected with ſinne Luſt, and likewiſe inſtructed, …converted many times by thoſe enſible object which it heares and ſees; the [eeLam 3. 51. Lu. 23▪ 48. Iohn 2. 2…. … …. … 18. 39▪Lam 3:51John 2:2John 2:18John 2:39] eyes and eares affecting the hear. So likewiſe it may be affected, reformed by the ſence of paines or puniſhments inflicted on the outward man, by the Magiſtrate; I anſwer 2dly, that if Mr. Dells aſſertion were true, then all the outward afflictions which God ſend upon particular Perſons, Places, Nations, of purpoſe to reforme and bring them to Repentance, ſhould be altogether uſeleſſe, fruitleſſe to reforme and convert the inward man; yea God him el…e ſhould be over-ſeene (by Mr. Dells Divinity) …n inflicting them for this very end, which they cannot poſſibly effect p. 107whereas the Scripture is expreſſe, that outward corporall afflictions work inward reformation, converſion, by Gods ſanctifying of them to that uſe; this being one maine end why God inflicts them, and that theſe oft times worke outward, nay inward reformation too, when the word and other Ordinances will not prevaile. Witneſſe Pſal. 119. 67. 71. 75. Before I was afflicted I went a ſtray; but now have I kept thy word. It is good for me that I have beene afflicted, that I might learne thy Statutes; and in thy faithfullneſſe thou haſt afflicted me. Gods Rod reformed David, when his word would not prevaile. Hence is that of Dan. 11. 33. 35. And ſome of them of underſtanding ſhall fall by the ſword, and by …lame, and captivity, and by ſpoyle many dayes, to try and to make them white: I ſay 27. 7. 29. Hath he ſmitten them, as he ſmote thoſe that ſmote them? &c. By this therefore ſhall the Iniquity of Iacob be purged, and this is all the fruit, To take away his Sinne: 1. Cor. 11. 32. when we are chaſtened of the Lord, it is, that we ſhould not be condemned with the world. Hebr. 12. 5. to 12. My ſonne deſpiſe not the chaſtiſement of the Lord, nor faint when thou art rebuked of him: for whom the Lord loveth hee chaſtiſeth, and ſcourgeth every Sonne whom he receiveth. If yee endure chaſticeing: God dealeth with you as with Sonnes, for what Sonne is he whom the Father chaſtneth not? But if yee be without chaſtiſement, whereof all are partakers, then are ye Baſtards and not Sonnes: Furthermore wee have had the Fathers of our fleſh, which corrected us, and we gave them reverence; ſhall we not much more be in ſubjection to the Father of Spirits and live? For they verily for a few dayes chaſtned us after their owne pleaſure, but he For our profit, that wee might Be made partakers of his Holineſſe. Now no chaſtiſement for the preſent ſeemeth to be joyous, but grevious: nevertheleſſe afterward it yeeldeth the peaceable fruit of righteouſnes, unto them that are exerciſed thereby. That outward corporall afflictions worke inward converſion and Reformation, appeares moſt eminently in the example of King Manaſſeth; who though he had the inſtructions of a godly Father, of religious Tutors and Prophets to reclaime him, ran into all exceſſe of wickedneſſe; and became a Monſter of impiety, yet when theſe and other meanes would not reforme, nor convert him, his captivity and fetters did it, as is expreſly recorded of him. 2 Chron. 33. 12. to 18. And when he was in affliction he beſought the Lord his God, and humbled himſelfe greatly before the Lord God of his Fathers, and prayed unto him, and he was intreated of him, and heard his ſupplication, and brought him againe into his Kingdome: And then he tooke away the ſtrange Gods, and the Idols out of the Houſe of the Lord, and all the Altars that he had built, and repaired the Altar of the Lord, and ſacrificed thereon peace offerings and burnt offerings, and commanded Iudah to ſerve the Lord God of Iſraell. So that his affliction wrought an inward and outward reformation upon him, and ſet him on worke to make a generall Reformation in his Kingdome. So Neh. 9. 36▪ 37, 38. Behold we are ſervants at this day, &c. and we are in great diſtreſſe: And becauſe of all this we make a ſure Covenant and write it; and our Princes, Levites and Prieſts ſeale unto p. 108it. Their preſent afflictions then made them enter into a ſolemne Covenant for an inward and outward, a perſonall and Nationall reformation. Thus we read, that proud Nebuchadnezars dethroning from his Kingdome, and driving out to eat Graſſe with the very beaſts; was the meanes of his humiliation, … Dan. 4. 28. to the end.Dan 4:28converſion and of bringing him not only to the knowledge of himſelfe but of the true God, and to bleſſe, praiſe, and honour him who liveth for ever, and to exalt and honour the King of heaven, all whoſe workes are truth, and his wayes judgement; and to acknowledge, that thoſe that walke in pride he is able to abaſe, even by his puniſhments, when no meanes elſe will prevaile. Thus our Saviour Chriſt himſelfe, by a certaine kinde of externall violence and force, when other meanes were ineffectuall converted Paul in the midſt of his perſecutions of him and his Members; (ggActs 9. 1. to 23. c. 22. 4 to 21 c. 26. 12. to 21.Acts 9:1–23) A light ſhone round about him from Heaven, which made him fall downe to the ground; and he heard a terrible voyce from Heaven; ſaying, Saul, Saul, why perſecuteſt thou me? I am Ieſus whom thou perſecuteſt: which ſtruck him into a fit of trembling and aſtoniſhment, for the preſent, and made him cry out, Lord what wilt thou have me to doe? After this he was three dayes without ſight, and neither did eat nor drinke. And by this way of terror and violence, not by preaching Peace and the Goſpell, did Chriſt himſelfe convert him: whence (hhAuguſtinus Vincentio Donatiſtae, Epiſt. 48 and Gratian Cauſa 23 qu. 4.) Auguſtine writes thus to Vincentius the Donatiſt. Put as neminem debere cogi ad juſtitiam, cum logas Patrem familias dixiſſe ſervis, Quoſcunque cogite intrare? cum legas et ipſum Saulum, poſtea Paulum, ad veritatem cognoſcendam et tuendam Magna violentia Chriſti cogentis eſſe compulſum, &c. By theſe examples it is evident, that Gods and Chriſts rods, yea, judgements convert men, as▪ well as their word, or Goſpell of Peace: And that they do ſo indeed, is clearely reſolved by this expreſſe text: Iſay 26. 9. to 18. Yea, in the way of thy judgements, O Lord, have we waited for thee, the deſire of our Soule is to thy name, & to the remembrance of thee: with my ſoule have I deſired thee in the night, yea with my ſpirit within me, wil I ſeek thee earely: FOR when thy IVDGEMENTS are in the earth, the Inhabitants of the world Will learne righteouſneſſe. Let favour be ſhewed to the wicked, yet will he not learne righteouſneſſe, in the land of uprightneſſe will he deale unjuſtly▪ and will not behold the Majeſty of the Lord. &c. Lord, in trouble have they viſited thee, they powred out a prayer when thy chaſtiſement was upon them. Gods judgements will teach even wicked men righteouſneſſe, and make them pray and ſeeke to him earneſtly, yea earely with their ſoules, ſpirits; when his favours and ordinances will not doe it. From all theſe texts▪ as likewiſe from Exod. 2, 23. 24 25. Judges c. 3 & 4. & 6. 2 Chron 6. 26. to 32. Hoſ. 5. 15. Iſay 48. 10. 11 Zeph. 3. 12. Iam. 5. 13. 2 Cor. 4. 17. Ionah. 3. 4. 5. with ſundry others, it is apparent. That outward judgements and afflictions ſent upon perſons or Nations, do work a real change & reformation in the inward man, as wel as the word, and that God doth ſend and appoint afflictions [having a preaching, a reforming voyce in them, as well as his Word, Mic. 6. 9.] for this very end and purpoſe upon men, to reforme them; as all Divines accord in their writings & p. 109Sermons of Afflictions. 3dly. As outward afflictions ſent by God, ſo outward puniſhments and chaſtiſements inflicted by men, Parents, Maſters, Magiſtrates, (as his Miniſters) do the like. This is cleare by Prov. 23. 13. 14. withold not correction from the Child, for if thou beateſt him with the Rod, hee ſhall not die; Thou ſhalt beat him with the Rod, and ſhalt deliver his Soule from Hell, Pro. 22. 15. Fooliſhneſſe is bound up in the heart of a Child, but the Rod of correction ſhall drive it farre from him, Prov. 29. 15. 17. The Rod & reproofe give wiſdome, but a Child left to himſelfe bringeth his Mother to ſhame. Correct thy Sonne, and he ſhall give thee reſt, yea he ſhall give delight unto thy ſoule, Prov. 20. 30. The blewneſſe of a wound is a purging medicine againſt evill, (or clenſeth away evills) ſo do ſtripes the inward parts of the Belly. By all which it is evident, that the outward correction of Parents (who are natural Magiſtrates) inflicted on their children, or of Maſters on their Schollers and Servants, is an ordinance of God himſelfe, not only morally, but really to clenſe and reforme the inward man, yea to ſave mens ſoules from Hell, and make them truly gracious: And, experience manifeſts, that the ſevere and due corrections of Parents on their Children: Tutors on their Schollers, Maſters on their Servants, have beene a meanes, not only of their morall reformation, but inward repentance and reall converſion, being appointed, ſanctified for this very end by God himſelfe. As the corporall puniſhments or corrections of theſe naturall Magiſtrates, ſo likewiſe of the civill, are deſigned and bleſſed oft times by God, to worke, not only a morall but Spirituall Reformation in mens ſoules and inward Man, when other, meanes are ineffectuall. Whence was that notable ſentence of **Scorp i…uum, …du: Gnoſticos.Tertulian about 200. yeares after Chriſt, hereafter cited. Ad officium Hereticos compelli, non inlici dignum eſt. Experience informes us, **Quod non praevalet Sacerdos efficere per Doctrinae ſermonem, poteſtas regia hoc imperat per diſciplinae tenorem, Concil▪ Pariſienſe ſub Ludovico Pio. Concil. Tom. 3that the Godly exhortations, Reprehentions of Judges in their Charges and Sentences of condemnation paſſed upon open Malefactors, ſeconded with their corporall and capitall puniſhments, have not only morally, but really▪ reformed, converted thouſands unto God, whom the word would not convert: and leſſer legall puniſhments of whipping, Stocks, Bridewell, burning in the hand, &c. have reformed and ſaved thouſands from the Gallowes, yea many ſoules from Hell it ſelfe, being preſcribed by our Lawes of purpoſe to prevent greater puniſhments and reforme the parties puniſhed. We read, that one of the Theeves crucified with our Saviour, was converted on the Croſſe, his very crucifixion, being the meanes and cauſe of his converſion, as [iiAuguſtin: Contra Creſconium Gram. l. 2. c. 9. Doctor Willets Sixfold Comentary on Rom. 13. Queſt. 11. p. 587.Rom 13] Divines obſerve, and his owne words import Lu. 23. 29. to 44. One of the Malefactors which were hanged, rayled on him, ſaying, if thou be Chriſt ſave thy ſelfe and us. But the other anſwering, rebuked him, ſaying, Doſt not thou feare God, ſeeing thou art in the ſame condemnation? And wee indeed Iuſtly, for we receive the Reward of our deeds, but this man hath done nothing amiſſe. And he ſaid unto Ieſus, Lord, remember me when thou comeſt into thy Kingdome: His paſſion wrought in him both a confeſſion of, and contrition for the crimes for which he ſuffered, with an invocation upon Chriſt for mercy and ſalvation, which he then obtained: Chriſt hereupon ſaid unto him: verily I ſaid unto p. 110thee kkEo die, ex eo …gno ta…ſiret ad immortale fide… praemium▪ in quo excep…at mertis pro iniquitate ſupplicum Auguſtin: Cont Creſcon. Gram. l. 2. c. 9.to day ſhalt thou be with me in Paradiſe. llIn Romanos. c▪ 13.St. Chryſoſtome, mmContr Creſconium Gram. …. c. 8. 9 Contra Lit. Petili…ni. l. 2. Epiſt. 48.Auguſtine nnEpiſt. 39▪Leo, ooCauſa. 23. proem & qu: 4.Gratian, ppComent. in Roman 13. 5.Peter Martyr, Aretius Problematum Locus 59. de Schiſmatibus. qqComent in Epiſt Iudae vers: 23Sibelius, and rrEnchirid. Contr. Cum. Anabapt. c 9 qu 4. P. 28 ….Lucas Oſiander, aſſure us upon their experiences; that many Haeretickes and Malefactors have beene reformed, converted from their Haereſies and evil courſes even by their corporall & Capitall puniſhments, and that the Magiſtrates ſentence of death againſt, and admonition… to them to prepare themſelves for death have made many Malefactors to depart out of this life more bleſſed, then if the Magiſtrate had releaſed them, as themſelves oft times have ingeniouſly confeſſed, and thereupon given God thankes, quod ad ſupplicium pertracti, beaté mori dedicerint, that by being drawne forth publikely to puniſhment, they have learned to die happily, and to fit themſelves for a bleſſed departure, which elſe they would never have done. Yea, this experience made ssEpiſt 48. & 50. Retractation. lib 5. c 2 Aretius Prob. lem: Locus 56. Peter Martyr Coment in Rom. 13. Bellarmin de L…icis. c. 21.Rom 13St. Auguſtine to retract his firſt opinion, that Hereticks were not to be puniſhed corporally by the Magiſtrate, and to aſſert the contrary, becauſe he ſaw their puniſhment proved an experiment all meanes of the reformation, converſion of many whole Cities, Families, as well as privat perſons infected with Hereſie, Sciſme, & Donatiſme. Whence thus he writes. Sed Donatiſtae nimium inquieti ſunt, quos per Ordinat as a Deo poteſtates cohiberi atque corrigi, mihi non videtur inutile. Nam de MVLTORVM jam correctione gaudemus, qui tam veraciter unitatem catholicam tenent, atque defendunt, & a priſtino …rrore ſe liberatos eſſe laetantur, ut eos cum magna gratulatione miremur. Qui tamen neſcio qua viconſuetudinis nullo modo mutari in meli…s cogitarent, niſi hoc terrore perculſi ſolicitam mentem ad conſiderationem veritatis intenderent, ne forté non pro juſtitia, ſed pro perverſitate et praeſumtione hominum ipſas temporales moleſtias, infructuoſa et vana tolerantia paterentur, & apud Deum poſtea non invenirent niſi debitas paenas impiorum, qui ejus tam lenem admonitionem, & paterna flagell… contempſerint: Ac ſic iſta cogitatione dociles facti; non in calumnijs et fabulis humanis ſed in divinis libris promiſſam per omnes gentes invenirent Eccleſiam, quam ſuis oculis reddi conſpicerent, in quibus et Chriſtum praenuntiatum, etiam non viſum, ſuper caelos eſſe minime dubitarent, &. Cur ergo non ab omnibus pax amatur? Haec facillime cogitare poſſetis, aut fortaſſe etiam cogitatis. Sed melius erat ut amaretis poſſeſſiones terrenas, quas timendo perdere cognitae veritati conſentiretis, quam ut amaretis vaniſſimam hominum gloriam, quam vos putatis perdere ſi cognitae veritati conſenſeritis. Vides itaque jam (ut opinor) non eſſe conſiderandum quod quiſque cogitur, ſed quale ſit illud quo cogitur, utrum bonum an malum: non quo quiſque bonus poſſit eſſe invitus, ſed timendo quod non vult pati, vel relinquit impedientem animoſitatem, vel ignoratam compellitur cognoſcere veritatem, et timens vel reſpuat falſum de quo contendebat, vel quaerat verum quod neſciebat, & volens teneat jam quod nolebat. Superfluò hoc fortaſſe diceretur quibuſ…ibet verbis, ſi non tam MVLTIS oſtenderetur EXEMPLIS. Non illos aut illos homines, ſed MVLTAS CIVITATES videmus fuiſſe Donatiſtas, nunc eſſe Catholicas, deteſtati vehementer Diab…licam ſeperationem, diligere ardenter unitatem. Quae tamen timoris hujus p. 111qui tibi diſplicit, occaſionibus, Catholicae factae ſunt perleges Imperatorum a Conſtantino, apud quem primum veſtri ultro Caecilianum accuſaverunt, uſ que ad praeſentes Imperatores, qui judicium illius quem veſtri elegerunt, quem judicibus Epiſcopis praetulerunt, juſtiſſime contra vos cuſtodiendum eſſe decernunt. His ergo exemplis a collegis meis mihi propoſitis, ceſſi, &c. Therefore I am of ttEnchirid. C…n…r. Cum. Anabaptiſtis: c. 9: qu. 4 p. 214.Oſianders & **Praelectiones. in Dan. c. 4.Dan 4Mr Calvins minde, that none do plead against the Magiſtrates coercive power and ſword of juſtice, but ſuch who out of a conſciouſneſſe of their own Hereſies, Errors, Schiſmes, or miſdeeds, are in danger and afraid of ſuffering by it; and therefore would wreſt the ſword out of the Chriſtian Magiſtrates hand, that they might perſevere in their Hereſies, Errors, Schiſmes, Blaſphemies, and offences, without any puniſhment or remorſe. Adde to this, that if the Apoſtle by Chriſts direction commands men to be 1. Cor. 5. 5. 1. Tim. 1. 20.1 Cor 5:51 Tim 1:20delivered over to Satan himſelf to afflict and torment them, for the deſtruction of the fleſh, that their ſpirits may be ſaved in the day of the Lord Ieſus, and that they might learn not to blaſpheme; when the very Goſpel and other means would not reform them▪ Then certainly, Gods delivery over of an Heretick, Schiſmatick, Blaſphemer, or other malefactor to the hand of the chriſtian Magiſtrate, and his transferring him after ſentence to the hands of the Executioner to be puniſhed according to Gods command, may, and oft-times doth by the ſelf-ſame reaſon, effectually tend, not only to the deſtruction of his fleſh, but to the ſaving of his ſoul in the day of the Lord Ieſus, and preſent reformation of his Hereſies, Blaſphemies, Errors, crimes, as well as his delivery over unto Satan, the very worſt and vileſt of all Gods inſtruments, as xxAuguſtinus Epiſt. 48. Vincentio Do…atiſtae (apud Gratianum. Cauſa: 23. qu: 4) Contr: Lit. Petilian. l. 2. c. 9 Epiſt: 50.Auguſtine and Gratian thence conclude: which is largely proved in Gratian, Cauſa 23. qu. 4, 5. by many authorities of the Antients: by Hugo Grotius, de Iure belli & pacis, l. 2. cap. 20. de poenis, by Alexander ab Alexandro, Genialium Dierum, l. 3. c. 5. and by moſt Commentators on Deut. 13. and Rom. 13. And as puniſhments oft work a reformation in the perſons puniſhed, ſo likewiſe upon others who behold or hear of them, as the forenamed Authors aſſert. Hence was that ſpeech of yyDe Legatione ad Caiu…Philo Iudaeus, Poena SEPE CORRIGIT ET EMENDAT EVM QVI PECCAVIT, quod ſi id non eveniat, CERTE ALIOS quorum ad notitiam pervenit: MVLTOS enim MELIORES FACIVNT ALIENA SVPPLICIA paris mali formidine. And that excellent ſaying of Seneca, zzDe Clementia l …. c. 22.In vindicandis injuriis haec trialex ſecuta eſt, quae Princeps quoque ſequi debet: ut aut eum quem punit EMENDET, ut aut poena ejus CETEROS MELIORE… reddat, aut ut ſublatis malis, ſecuriores caeteri vivant: who ſeconds it elſewhere[a] De Ira. lib. 1. thus. Omne poenae genus remedii loco admoneo: varia in tot animis vitia video, & civitati curandae adhibitus ſum; pro cuiuſque morbo medicina quaeratur. Hunc ſanet verecundia, hunc dolor, hunc egeſtas, hunc perigrinatio: And if men become incorrigible, that neither ob…rgation, nor infamy, nor pain, nor publick impriſonment, nor baniſhment will reform them, then ſaith he in ſuch a caſe, Optimum miſericordiae genus eſt occidere, it is the beſt kinde of mercy to put ſuch an one to death: and he gives his advice to the Magiſtrate to obſerve this double uſe of puniſhments, ut ſciat alterum …dhiberi ut EMENDET MALOS, alterum ut tollat; one to reforme evill p. 112men, another to cut them off, when they will not be reformed themſelves, that others may be reformed and amendeded by their example. Now that exemplary puniſhments as they oft times reforme the parties themſelves; do likewiſe amend and convert others who are ſpectators or hearers of them, is evident by Deut. 13. 11. & 1…. 12, 13. And all Iſrael ſhall hear and fear, and ſhall do NO MORE any ſuch wickedneſſe as this is, among them. And all the people ſhall hear, and fear, and do no more preſumptuouſly; even by reaſon of the exemplary juſtice and corporall puniſhments inflicted on others. Upon this very ground, Rom. 13. 1, 2, 4. The Magiſtrate, is called Gods ordinance, and the Miniſter of God to thee FOR GOOD, (as well morall and ſpirituall, as naturall and civill good) even as he is a revenger to execute wrath on thoſe that doe evill: as aaChryſoſtome, Theophylact, Haymo, Lyra. Paraeu…, Peter Martyr, Soto and will… on Rom. 13. See Babing▪ tons Notes on Exod: 18. & Num: 15. Grotius de Jure Belli & Pacis l. 2 c. 20 de Paenis. Alexander ab Alexandro. Genalium Dierum. l. 3. c. 5. Tert: ad Martyres. lib.Rom 13ſundry Commentators obſerve: And that in theſe reſpects. Firſt, if he inflict corporall or capitall puniſhments on thee for thy own evill doings, he is a Miniſter to thee for thy good, in bringing thee by this means to an open ſight, repentance, loathing, and forſaking of thoſe ſins for the future, which have brought judgement, ſhame, and open puniſhment on thee for the preſent: Whereas, if the Magiſtrate had not puniſhed thee, thou wouldeſt have perſevered impenitently in theſe ſinnes: And if he puniſh thee wrongfully (as ungodly Perſecutors did the Martyrs) yet he is an inſtrument for thy good by encreaſing thy graces, weaning thee from the world, and honouring thee with the bbMath. 5. 10. 11. 12. 1. Pet. 3. 14. c. 2. 20 c. 4. 12. to. 17. 2. Cor. 4. 4. 17. 18.Matt 5:10Matt 5:11Matt 5:121 Pet 3:142 Cor 4:42 Cor 4:172 Cor 4:18Crowne of Martyrdome, which elſe thou hadſt not obtained. Secondly, he is a Miniſter of God for thy good, by inflicting puniſhments upon thee for the profit and good of others, or on others for thy good, whoſe exemplary puniſhments God doth or may ſanctifie to ccDeutr. 13. 11. c. 17. 13.make thee forbear the ſelfe ſame or the like offences, to avoid the like infamous puniſhments. Thirdly, he is an inſtrument of God for thy good, in ddDeut. 13. 3. c. 17. 7. Pſal. 106. 30. Num. 15. 7. &c.Deut 13:3Ps 106:30Num 15:7keeping off and removing Gods publick judgements from the kingdome and place wherein thou liveſt, by puniſhing thoſe open ſcandalous ſinnes and ſinners, which would bring deſtruction and Gods wrath upon thee and them. Fourthly, By his godly exhortations, reprehenſions to them and others, like thoſe of eeExod: 32 Deutr. 5. 2 7. & 30 & 31. & 32. & 33.Moſes, ffJoſh: 7. & 23. & 24.Ioſhua, gg1. Chron. c. 28. & 29.1 Chr 28David, hh2. Chron▪ 31 & 32.2 Chr 31Hezekiah, ii2. Chron: 15.Aſa, kk2. Chron: 18. 19. & 20.Ichoſaphat, ll2. Chron: 34. & 35.Ioſiah, mmNeh: 9. & 13.Nehemiah, nnEuſebius de Vita Conſt…nti… & O…io ad Sanctorum coet…m.Conſtantine the great, and others, to their people, which ſeconded with their corrections, may, and doe no doubt, reforme and convert many, as well as the miniſtery of the Word. Therefore in theſe reſpects, it is moſt clear and undeniable, that Magiſtrates outward and corporall puniſhments do both much reform and convert the inner man, ſoul, ſpirit, even morally and divinely too, as well as the outward, and ſtop the current of mens ſins. So as Mr Dels bold aſſertion to the contrary, is moſt falſe and dangerous, contradicted by Scripture, the teſtimony and experience of all times, ages, and (if we may believe his fellow Chaplain Mr Peters) by ſome late experiments in the Army it ſelf, where many Souldiers by ſevere martiall diſcipline, and cenſures at the Counſel of War, have been not only outwardly reformed, but inwardly converted. And therefore I ſhall adjure him to recant this wicked Paradox, or elſe make it good by better proofs then any he hath yet produced, his own bare averment onelyonly being no infalible Oracle, nor of weight enough to overpoiſe all the pre…es.

p. 105The ſeventh Objection (much preſſed and inſiſted on) is this; llA Reply of two of the Bre thren to A. S. p. 58, 59. Mr. Dels Right Re formation, p. 23, 24.Externall Object. 7.…, and the Magistrates coercive power to ſuppreſſe Schiſmes▪ Hereſies, &c. is of proper and direct tendency to make men twofold more the children of ſinne (and ſo of wrath) then they were before; in making men direct Hypocrits and Diſſemblers before God, contrary to their conſciences, and not Saints; and leaves the heart as it was, which cannot be forced with outward power, but by the inward efficacy of the truth: now the hearts of men being corrupt, what are all outward duties they are forced to, but ſo much hypocriſie? So that forceable reformation is none of Chriſts reformation; it makes all Hypocrites and Guilded Sepulchers, but none Saints, putting a forme of godlineſſe upon the outward man, when as there is no power of godlineſſe in the inward man: Call you this a Reformation of the Church of Chriſt? Therefore no ſuch coercive power is to be uſed, nor no corporall or capitall puniſhments inflicted on Hereticks, Schiſmaticks, &c. in the Church of Chriſt. This is an Argument, learned by Maſter Dell from the Anabaptiſts; from Maſter Robinſons Juſtification of Separation, p. 222, 224. and from Gregory de Valentia, Tom. 3. Diſp. 1. pun…. 6. qu. 10. de in…delitate, Arg. 4.

I anſwer, Firſt, That this Objection is a meer Chymera, forged in theAnſwer. braine of the Objectors to affront the Scripture and Magiſtracy it ſelfe, having not the leaſt colour in it from the Word; and may be objected againſt all Gods Ordinancs, as well as the Magiſtrates coercive power. For firſt, it might be objected againſt the mmDeut. 27. 26 Gal. 3. 10, 13.Deut 27:26Gal 3:10Gal 3:13Morall Law it ſelfe, and all the Texts of Scripture, which enjoyne or threaten the infliction of any temporall or externall puniſhments upon any kind of ſinners nnLuke 13. 3, 5 Rom. 2. 7, 8, 9 1 Cor. 6. 4, 5. Gal. 5. 21. Eph. 5. 6.Luke 13:3Luke 13:5Rom 2:7Rom 2:8Rom 2:91 Cor 6:41 Cor 6:5Gal 5:21Eph 5:6for all theſe do oft make men Hypocrites, they make them forbeare onelyonly the outward acts of ſin for feare of puniſhment, but neither abate nor kill the power and life of ſin in their hearts for the moſt part; they force men to outward duties, and to an outward forme of godlineſſe, without the inward power: ſo the Antinomians and Socinians argue; therefore we muſt wholly exclude and delete them out of the Book of God, and baniſh them out of the Church, as well as the Magiſtrates coercive power and puniſhments. Secondly, it fights againſt the expreſſe Texts of Deut. 13. 10, 11, &c. 17. 12, 13. where Idolaters and Seducers to it, how deare ſoever, are expreſly commanded to be killed, and publickly ſtoned to death with ſtones, for this very end, That all Iſrael and all the people might heare of it, AND FEARE, and doe no more preſumptuouſly, and DOE NO MORE any ſuch wickedneſſe as this is among them; to reſtraine them from the outward practice of evill, and reforme their lives, though it did not alwayes change their hearts. Thirdly, againſt the 2 Chron. 15. 12, 13, 14. where King Aſa and all his Subjects entred into a Covenant, to ſeek the Lord God of their Fathers with all their heart, and with all their ſoule; that whoſoever would not ſeek the Lord God of Iſrael SHOULD BE PUT TO DEATH, whether ſmall or great, whether man or woman: And they ſwore unto the Lord with a loud voyce. Which Covenant, no doubt, made many outwardly to conforme and reforme, who were not inwardly reformed, converted, and ſo made many Hypocrites: Contrary to the … Chron. 23. 16. cap. 29. 10, &c. cap. 34. 31, 32. cap. 33. 16. Ezra 20. 3, &c. Nehem. 9. 18. p. 106where the like Covenants were entred into, and preſſed on the people by Jehojada, Hezekiah, Manaſſeh, Joſiah, Ezra and Nehemiah, with Gods owne approbation, though no doubt they made many Hypocrites and Diſſemblers in the objectors ſenſe. Fourthly, againſt the very Goſpel it ſelfe, and the preaching of it, which civilize and restraine many, and transforme them outwardly into Angels of light, into true Shepheards and Sheep of Chriſt, who yet inwardly are incarnate Devils and ravenous Wolves, having a forme of godlineſſe, but denying the power thereof, as is apparent by Matth. 7. 15, 16. John 2. 23, 24, 25. cap. 6. 26. 27. 70. 71. Acts 8. 13, to 25. cap. 20. 29, 30. John 7. 24. 2 Cor. 5. 12. cap. 11. 12, 13, 14, 15. 2 Theſ. 2. 9, 10. Matth. 24. 24. 1 John 2. 18, 19. cap. 4. 1. 2 Tim. 3. 4, 5. 2 Pet. 2. 1, to 22. Fiftly, againſt Prayer and Fasting, which make ſome Hypocrites, and wherein many play the Hypocrites, as the Scripture expreſly reſolves, Matth. 6. 2, to 7, 16. cap. 15. 7, 8. cap. 23. 14, 15, 25 to 29. Iſa. 29. 13. Mark 7. 6. Iſa. 58. 2, to 8. cap. 1. 11, to 19. Jer. 42. 20. James 1. 22. Sixtly, againſt Parents correction of their children, preſcribed by Prov. 13. 24. cap. 19. 18. cap. 20. 30. cap. 22. 15. cap. 23. 13, 14. cap. 29. 15, 16. and Maſters of their Servants, warranted by the 1 Pet. 2. 18, 19, 20. which, no doubt, make many Hypocrites, in the Objectors ſenſe, by reforming and civilizing many outwardly, who are not inwardly, changed or cōverted. Seventhly, againſt the ordinary ooGen. 20. 6. c. 31. 24, 29. Pſal. 19. 13. … Sam. 25. 5, 6, 32, 33.Gen 20:6Ps 19:13restraining grace of God himſelfe, which reſtraines men from thoſe coxrbitant outward actuall ſinnes and lusts, into which they would otherwiſe run and ruſh with greedines; did not this his grace reſtrain them, which yet doth not always truly ſanctifie and reforme them. Eightly, againſt the externall judgments of God, which as they reforme and convert ſome really, as I have proved, and is evident by Iſa. 26. 9. With my ſoule have I deſired thee in the night, yea, with my ſpirit within me will I ſeek thee early; for when thy judgments are in the earth, the Inhabitants of the world will learne righteouſneſſe; ſo they make many Hipocrites too, Hoſ. 7. 12, to the end. If then the making of ſome Hypocrites, in the Objectors ſenſe, doth not nullifie all, or any of theſe particulars, which make Hypocrites too (as I doubt Maſter De…s Sermons have made ſome likewiſe;) then certainly it cannot nullifie the office, the coercive power and puniſhments of Chriſtian Kings and Magiſtrates, to puniſh Idolatry, Herefie, Schiſmes, groſſe Errors, Blaſphemies, under the Goſpel, as the Objectors vainly ſurmiſe.

Secondly, I anſwer, That the coercive power, the corporall and capitall cenſures of Magiſtrates, backed with their admonitions and reprehentions, are an Ordinance of God, not onelyonly outwardly, but inwardly to reforme and convert men, by the concurrence of Gods ſpirit and bleſſing with them, and many times work a reall, as well as a formall change in the lives and hearts of men, as I have undeniably proved: therefore this aſſertion, that they make All Hypocrites, and none Saints; and work onelyonly an outward reformation and forme of godlineſſe, without the inward power thereof, is a groundleſſe and falſe poſition, which the Objectors can never make good by Scripture, and is contradicted by experience and the Word of God it p. 107ſelfe. Thirdly, admit the Octjection true, that they wought no inward reformation at all in the hearts of men, but onelyonly an outward forme of godlineſſe and conformity, in outward duties, or a reſtraint of actuall ſinnes, when the heart is full of Atheiſme, Adultery, Pride, Error, ignorance, (which outward restraint, reformation, forme of godlineſſe, practice of outward duties, outward order, conformity, and reformation of externall and groſſe ſinnes, Maſter Dell in the objected paſſage, and ppPag. 7, 8, 9, 39.elſwhere confeſſeth it doth work, and tyes up mad Dogges, Beares and Tygars, &c.) muſt they therefore be caſt aſide as uſeleſſe, and have no uſe at all among Chriſtians, in reforming them and the Church of God? God forbid; for this very bringing of men to a conſtant outward conformity in the practice of holy duties, and attendance on Gods Ordinances, is a greater honour to God, a greater benefit and credit to a Chriſtian State, and farre better in it ſelfe, then open contempt, or neglect of the outward Ordinances, or profeſſed impiety, atheiſme and prophaneneſſe. Is not a morall outward reformation of mens lives, the reſtraining of them from groſſe enormities, ſinnes, errors, hereſies, ſchiſmes, blaſphemies, and chaining them up from infecting others, by ſevere Lawes, and corporall or capitall puniſhments, far more beneficiall to the parties reſtrained, to the Churches, States wherein they live, and leſſe diſhonourable, offenſive unto God and all good men, then the open, unreſtrained, unpuniſhed, licentious practice of all ſorts of wickedneſſe and actuall villanies, or the lawleſſe preaching, printing, writing all kind of damnable hereſies, errors, blaſphemies, whimſicall and ſciſmaticall Tenets, without any check? Yea, is not a generall externall reformation of mens lives and outward actions, without an inward converſion of their hearts, more pleaſing to God, more advantagious to men, then open prophaneneſſe, impiety and unreformedneſſe, both in life & heart? Yea verily: witneſſe qq1 Kings 21. 27, 28, 29.1 Kgs 21:271 Kgs 21:281 Kgs 21:29Ahabs meer outward humiliation, and reformation, without inward; which pleaſed God ſo well, that he did not bring the evill threatned againſt him and his houſe, in his dayes; and the meere outward morall reformation of the Heatheniſh rrJonah 3.Jonah 3Ninevites, which cauſed Cod to ſpare, and not to destroy the City within forty dayes, as he had threatned. If ſo, as the very Objectors and all rationall men muſt grant; then the civill Magiſtrates coercive power, his corporall and capital cenſures are neceſſary and uſeful, at leſt, to work ſuch an external reformation in the Church, though it ſhould make no reall Saints or Converts. Fourthly, the inward change of the heart, and converſion of the ſoule to God, is neither in the power of the Miniſter nor Magiſtrate, the Word or Sword, but of God, and his Spirit alone; the preaching of the Word by Miniſters, and the welding of the Sword by Magiſtrates cannot change the hearts and ſpirits of men, of themſelves, but God alone by them, as is cleere by the 2 Tim…. 2. 25. Pſal. 51. 10. Ezek. 36. 25, 26, 27. Jer. 31. 33, 34. Eph. 2. 1, 4, 5, 8. John 3. 5, 6, 7, 8. 1 Cor. 3. 4, to 10. Shall we then deny the uſe of the Word and Miniſtry (as Maſter Dell and his confederates deny the uſe of the Sword and Magiſtracy) in the reformation of the Church, becauſe they commonly reforme p. 108the outward man in ſome meaſure (and that hardly too without the Magiſtrate) but not change and convert the inward man of themſelves, no more then the Sword or Magiſtrate, without Gods owne bleſſing on, and concurrence with them? The Objectors certainly will anſwer, No: Therefore I may ſay, and they muſt grant the ſame of the Sword and Magiſtracy. What then muſt be done? I anſwer, both muſt do their bounden duties: Miniſters muſt preach down ſins, hereſies, errors, ſchiſmes, blaſphemies with the Word, though they inwardly reforme and convert few or none, or make ſome Hypocrites by it; and Magiſtrates muſt beat and cut them downe with the ſword of Juſtice and corporall puniſhments, though they really convert none, but onelyonly reſtraine their outward exorbitances and **See Biſhop Babing…ons Notes on Exod. 18. part 2. p. 272, 273.Exod 18ſpreading infection, or make ſome Hypocrites and diſſemblers, and leave the iſſue of their endeavours to God, whoſe onelyonly work it is to reforme and convert mens ſoules in ſincerity from ſinne and errour, and unite them to himſelfe; God neither requires nor expects that they ſhould inwardly reforme mens ſpirits, or infuſe ſaving grace into their ſoules, that is his owne and his ſpirits proper work, not theirs; wherefore they muſt doe what God enjoynes them, and not neglect their ſeverall duties, becauſe they cannot effect what he requires not of them, even reform mens inner parts, as the Objectors themſelves confeſſe; and therefore would reject the Magiſtrate and his Sword, as having no place at all in the reformation of the Goſpel. Fiftly, there is a double reformation under the Goſpel, which Maſter Dell confounds, to delude his Auditors, Readers, and if diſtinguiſhed, would have rendred moſt of his Sermon impertinent to his drift. The firſt, private and perſonall, conſisting in Col. 3. 5. Gal. 5. 24. Acts 26. 16. Pſal. 51. 10. 2 Cor. 5. 17, 16.Col 3:5Gal 5:24Acts 26:16Ps 51:102 Cor 5:172 Cor 5:16mortification of mens ſinfull lusts, renewing of their depraved natures, and turning the whole frame of their ſoules and ſpirits from ſinne and Satan, unto God 5 not, a destroying and utter aboliſhing out of the faithfull and the Elect, ALL THAT SINNE, corruption, luſt and evill that did flow in through the fall of Adam, as Right Reformation, p. 4, 5.Maſter Dell defines it; ſince no Saint 1 John 1. 6, 7, 8, 9, 10, Rom. 7, 11, to the end.1 John 1:61 John 1:71 John 1:81 John 1:91 John 1:10Rom 7:11is, or can be ſo exactly reformed in this preſent world, much leſſe no Church, how pure ſoever: Now this, as it is wrought by God alone, ſo it is peculiar to the Elect alone, after their effectuall calling and converſion, which is ſtill accompanied with many remainders of ſinne and corruption whiles they live. Secondly, a publick outward reformation of a viſible ſociety of men profeſſing the faith of Chriſt, conſiſting in the purity, due, decent & orderly Administration of Gods Ordinances, Sacraments, Word, Worſhip among them, according to his revealed Will; and the externall holineſſe, unblamableneſſe of their lives, and outward Christian deportment one towards another, in all peaceableneſſe and honesty. This Reformation is common to all Members of any Chriſtian Church, State, as well Elect as Reprobate, Sheep as Coats, and belongs properly to the Rom. 13. 1, to 6. 2 Tim. 2. 1. Ti… ▪ 3. 1, 2. c. 2. 12, 13. 2 Theſ. 3. 10, 10 15. 1 Cor. 5 1. 1 Tim. 5 29 1 Cor. 11. 13, to 34. c. 14. 40Rom 13:1–62 Tim 2:12 Thess 3:101 Cor 5:11 Tim 5:291 Cor 11:13–34Magistrates and Ministers to effect, according to their reſpective callings; to the one, by preaching, catechizing, admonitions, repoofs and Eccleſiaſtical Cenſures, where eſtabliſhed; to the other by rewards and encouragements to the good, and admonitions to, reprehentions of, and outward corporall or capitall puniſhments inflicted upon evill p. 109doers, as I have formerly proved at large, and is cleer by Rom. 13. 1, to 7. 1 Pet. 2. 13, 14. 1 Tim. 2. 1, 2. Revel. 17. 16, 17. Iſa. 49. 23. Now the number of the Elect being yyMat, 7. 14. Luke 13. 23, 24.Luke 13:23Luke 13:24very few, in compariſon of the Reprobate, and by farre the ſmalleſt number even in the moſt reformed Chriſtian Church or State, be it never ſo ſmall or ſeparate from others; no reaſonable creature can expect the firſt kind of reformation (peculiar to the Saints) to be ever wrought in the major part of any Chriſtian Church or Society whatſoever, much leſſe in a whole Chriſtian Congregation or Kingdome: yet becauſe no Magiſtrate, no Miniſter, nor other perſon knowes who or what number of any Church or Chriſtian Society are predeſtinated to eternall life, or are already actually, or hereafter may be inwardly converted, reformed; therefore the zzMark 16. 15 16. Heb. 6. 4, to 9. Acts 13. 48.Mark 16:15Heb 6:4–9Acts 13:48Word muſt be preached, and the meanes of ſalvation diſpenſed unto all, though they convert but few, even thoſe onelyonly who are elected, and onelyonly civilize others, and perchance make many of them Hypocrites; and becauſe, the very Elect themſelves, even after their converſion, may fall into aa2 Sam. c. 11 & 12. Pſal. 51 Job 31. 5. to 35.2 Sam 11Ps 51Job 31:5–35ſcandalous ſinnes and capitall offences (though not fall finally nor totally from their ſtate of grace) which Magiſtrates have power and authority as well from God as man to puniſh, (both to reforme them, deterre and keep others from infection, preſerve publick peace, juſtice, and keep off Gods judgments;) they and all others who externally embrace the Goſpel, are in that regard bbFit. 2. 12. 13 1 Tim. 2. 1.1 Tim 2:1enjoyned to live ſoberly and godly in this preſent world, to avoyd all ſinnes and wickedneſſes whatſoever; yea cc1 Pet. 5. 1, 2 &c. Tit 3. 12, 13, 14. Gal. 5. 19, 20, &c. 1 Tim. 4. 1, to 7. 2 Tim. 3. 1. to 6. Rom. 16. 17, 18 Jude 1. to 20. Acts 20 29, 30.1 Pet 5:11 Pet 5:2Titus 3:12Titus 3:13Titus 3:14Gal 5:19Gal 5:201 Tim 4:1–72 Tim 3:1–6Rom 16:17Rom 16:18Jude 1Acts 20:29Acts 20:30hereſie, idolatry, blaſphemy, ſchiſme, erronious Doctrines, as well as Murder, Adultery, and the like offences; and likewiſe ſubject to the Magiſtrates cenſures, corrections, in caſe they actually or openly tranſgreſſe in any kind, they being Gods ddRom. 13. 3, 4Rom 13:3Rom 13:4avengers, to execute wrath on thoſe that doe evill; Therefore the civill Magiſtrate may, …ay muſt and ought to uſe his utmoſt endeavours to make an externall publick reformation both in Church and State, and a totall purgation of all ſins, offences, hereſies, blaſphemies, errors and corruptions whatſoever out of both, for the welfare and peace of both, and diverting of Gods wrath from both, though he cannot work an inward reformation in all, no more then the Miniſter, or Chriſt himſelfe whiles he was here on earth. And therefore this Objection, That Chriſtian Princes and Magiſtrates ought not to reſtraine or puniſh Hereticks, Schiſmaticks, &c. or to intermeddle in the outward Reformation of the viſible Churches within their Territories, becauſe they cannot inwardly convert and reforme all members of them, is a moſt abſurd and ridiculous Objection. Sixtly, to civilize, moralize or reſtraine Chriſtians from the outward acts of ſinnes, from which they are not inwardly purged, by penall Lawes and corporall Cenſures, as Magiſtrates oft doe, is not to make them Hypocrites, and twofold more the children of hell then before, as is moſt falſly objected; but to make them actually better, and leſſe ſinfull, leſſe hurtfull then otherwiſe they would be, were they not reſtrained: for the fewer actuall ſins men openly commit, the leſſe is their condemnation, the more their eeRom. 2. 5, to 10. James 5. 3. Revel. 18 6, 7Rom 2:5–10Jas 5:3Rev 18:6Rev 18:7commendation; the leſſe they infect others, the leſſe they diſhonour and provoke God, the leſſe p. 110they diſturb the publick peace; the more exorbitant, exceſſive, numerous, audacious their tranſgreſſions are, the more is their guilt, the heavier their judgment, the more pernicious, dangerous their example, and the more they provoke Gods publick judgments againſt the places where they live, and encreaſe the guilt of thoſe Magiſtrates who ſuffer them to goe unpuniſhed:ffMaſter Dell p. 39. confeſſeth it. See 1 Pet. 5. 8. Job 1. 7. Rev. 20. 1, to 10. c. 12. 11,1 Pet 5:8Job 1:7Rev 20:1–10 witneſſe Foxes, Bears, Lyons (yea the Devil himſelf) who chained ap, are nothing ſo hurtfull, as thoſe that run at large, though they retaine their natures ſtill: the like we may ſay of chained Hereticks, Schiſmaticks, Blaſphemers, Seducers, and all kind of reſtrained ſinners, by coercive Lawes or Puniſhments. Oderunt peccare mali formidine poenae, Neither makes ill men formall Hypocrites, nor worſe then if they were unreſtrained; yea their pretending of an inward reformation, or diſſimulation of their hereſies, blaſphemies and hereticall opinions, is nothing ſo ſinfull, ſo dangerous, ſo hurtfull, ſo damnable, as the open practice, ſpreading and profeſſion of them with impunity. Seventhly, The Magiſtrates and Gods intention in puniſhing and reſtraining Hereticks, Schiſmaticks, Blaſphemers, and other Malefactors, is not to make them Hypocrites, but really to reclaime or make them better at leaſt, if not inwardly to convert them: If**See Gregor. l. 7. epiſt. 40. Antonius 2. par. Tit. 12. c. 2. Maſter Rutherſurds Due Right of Preſbyters, p. 354, 355. their reſtraint or puniſhment make any formall Hypocrites (as the very Goſpel preached doth more frequently then the ſword of Juſtice) it is not the fault of the Magiſtrate, or the puniſhment inflicted, which are good, but of the parties puniſhed, who pervert them to a contrary end then they were intended: Their abuſe therefore of them muſt not nulliſie them, neither as to themſelves, nor others who may profit by them, and make better uſe thereof. Eightly, Saint Paul hath moſt fully refuted this Objection in a like caſe, Phil. 1. 15, 16, 17, 18. Some indeed preach Chriſt, even of envy and ſtrife, and ſome alſo of good will: The one preach Chriſt of contention, not ſincerely, ſuppoſing to adde affliction to my bonds: But the other of love, knowing that I am ſet for the defence of the Goſpel. What then? Notwithstanding every way, whether in pretencee or truth, Chriſt is preached, AND I THEREIN DOE REJOYCE, YEA, AND WILL REJOYCE: compared with the 1 Cor. 1. 18, 23, 24. For the preaching of the Croſſe is to them that periſh, fooliſhneſſe; but unto us that are ſaved, it is the power of God, &c. But we preach Chriſt crucified, unto the Jewes a ſtumbling block, and unto the Gentiles fooliſhneſſe; but unto them which are called, both Jewes and Greeks, Chriſt the Power of God, and the Wiſdome of God: & 2 Cor. 2. 15, 16. For we are into God a ſweet ſavour of Chriſt, in them that are ſaved, and in them that periſh; to the one we are the ſavour of death unto death, and to the other the ſavour of life unto life; and who is ſufficient for theſe things? Though ſome men preach Chriſt for good ends, others for bad; ſome in pretence, others in truth; and though the preaching of the Goſpell be a ſtumbling-block to ſome, fooliſhneſſe and a ſavour of death unto death to others, aggravating and encreaſing their ſinnes and condemnation in an high degree (which is worſe then outwardly to reformeor make them Hypocrites) and the power of God to ſalvation but to a few, working ſuch contrary effects; yet it muſt be preached, becauſe God commands it, hath p. 111glory by it, even in thoſe that periſh, and ſome are converted thereby, though others hardned and damned; ſo, though the Magiſtrates coercive power and puniſhments, inwardly convert not many, yet becauſe they reſtraine moſt Hereticks, Schiſmaticks, Sinners from doing more miſchief to others, and committing more actuall ſinnes in themſelves, yea make an outward conformity and reformation where Juſtice is duely executed, they muſt be ſtill continued, and conſcionably uſed in the Church, though they ſhould make many men Hypocrites, and worſe then they were before, being God's Ordinance for good, not ill. Ninthly, admit the Magiſtrates puniſhments and coercive power ſhould actually convert and reforme none in a Goſpel way of themſelves; yet they compell them to reſort to the Word and Ordinances, and to the uſe of thoſe meanes which God hath ſpecially appointed to convert and reforme them, both in heart and life, yea, the ſuppreſſing of all private meetings and conventicles of Hereticks, Schiſmaticks, Anabaptiſts, Papiſts, Blaſphemers (which confirme and ſettle them in their damnable hereſies, errors, ſchiſmes) and conſtraining them to reſort conſcionably to our publick Congregations, where the Word of God is truly preached, expounded, & the Sacraments duely adminiſtred (all former grounds of their Separation and Schiſm fromour Aſſemblies being fully removed, ſo as there is nothing but obſtinacy which now makes them ſeparate) would be a ready meanes, through Gods bleſſing, to reduce, reclaime, convert and unite ſuch both to God and us, and put a ſpeedy period to all our deſperate ſchiſmes, occaſioned meerly by the cowardize or negligence of Magiſtrates in not cenſuring, and of the people in not informing againſt, and proſecuting ſuch offenders. With this kind of compulſion, to force men to our publick Ordinances and Aſſemblies, from which there is no juſt ground of conſcience now to ſeparate, is no forcing of their conſciences, nor compelling them to beleeve, nor proſecuting of men for conſcience (as is maliciouſly objected) no more then a Phyſitians compelling of a Patient to take a bitter Potion againſt his will, to recover his health, and ſave his life; or a Parents conſtraining his Child to goe to Church or Schoole; or a Maſters compelling his Servant to doe his work, or learne his Trade; or a Commanders enforcing his Souldiers to fight againſt their wils; or the putting of a lame perſon into a Bath againſt his mind to recover his limbs; and hath been practiſed in all Ages by the moſt religious Princes; being warranted by Gods owne dealing with us in our converſion unto him; who hhMat. 22. 3. Luke 14. 15. to 25.Matt 22:3Luke 14:15–25compels us to come in, yea, iiJohn 6. 44. Mat. 23. 37. Luke 13. 34.John 6:44Matt 23:37Luke 13:34draws us to and after him, againſt our corrupt wils, hearts, natures, lusts: and at laſt, through the uſe of Meanes and Ordinances by little and little, of unwilling makes us willing, kkPhil. 2. 12.Phil 2:12working in us both the will and the deed of his good pleaſure: Upon this ground the good Kings of Judah, Nehemiah, and others,ll2 Chron. 12. to 17. c. 34. 30 31, 32. Neh. 9 & 13. c. 13. 11 to 23. Ezrac. 9. & 13.2 Chr 12Neh 9 compelled and commanded their Subjects to enter into Covenant with God, yea to destroy the Idols, Altars, Groves, Prophets, Priests and Temples of their Idol gods, and put away their Idolatrous Wives; which they would no wayes tolerate: and thoſe that ſeparated from the publick Ordinances and Congregations, through negligence p. 112or ſchiſme, were to mmLevit. 23. 27, 29, 30. Numb. 9. 13.Lev 23:27Lev 23:29Lev 23:30Num 9:13be cut off from the people by the hand of publick justice, as the marginall Scriptures evidence. All which conſidered, this great Objection (much magnified, preſſed by our Oppoſites) will be fully cleered, diſſipated and vaniſh into nothing.

The eighth Objection is this,nnMaſter Dels Right Reformation, p. 23. The coercive power and puniſhments of the Object. 8.Magistrate in matters of Religion, brings men into Blind Obedience, and makes men obey what is commanded on paine of puniſhment, though they know not whether it be right or wrong, with the Word, or againſt the Word; ſo that a man ſhall ſay, That what I doe, I am conſtrained to doe, and therefore I doe it becauſe I am conſtrained to doe it: When a man ſhall ſee priſons and baniſhments, and loſſe of Goods walking up and downe the Kingdome for the reformation of the Church, you ſhall have men ſay at laſt, We will beleeve, and doe as the State pleaſeth, or as the Counſel pleaſeth: and hove acceptable ſuch faith and obedience is to God, all ſpirituall Christians know.

Ergo, Magiſtrates muſt not puniſh Hereticks, Schiſmaticks Seducers or Blaſphemers with capitall or corporall cenſures. This Argument is borrowed from Maſter Robinſon his Juſtification of Separation, pag. 224.

I anſwer, firſt, that Maſter Dell here confeſſeth, That corporall puniſhments Anſwer.priſons, baniſhments, loſſe of goods, and death walking up and downe a Kingdome, is a ready meanes to bring men to unity and conformity in Gods worſhip, when no meanes elſe will prevaile; therefore it is fit to make uſe of this meanes, when there is occaſion; and certainly there was never more occaſion then now, when many of his Saints are grown ſoooNaſter Edward his third part of the Gangraena. audacious, inſolent, domineering, exorbitant in their Hereſies, Blaſphemies and open affronts uſed to our Ministers every where, diſturbing and pulling ſome of them out of their Pulpits. Secondly, i… the thing commanded be good, agreeable to the Will and Word of God (as to repaire conſtantly to the publick Ordinances and Aſſemblies, to heare, pray, and worſhip God,) it is obſtinacy and wickedneſſe to diſobey, and no blind, but juſt and conſcientious obedience to ſubmit: if the thing commanded be ſimply evill, and the party commanded be convinced of it by cleer evidences out of Scipture, it is his honour and duty toppActs 4. 19, 20. c. 5. 29. Dan. 2. 5. 1017 c. 38, to 30. c. 6. 1, to 28. Mat. 5. 10, 11, 12. 1 P…t 3. 14. c. 4. 13, 14.Acts 4:19Acts 4:20Dan 2:5Dan 2:101Matt 5:10Matt 5:11Matt 5:12Matt 5:1 obey God rather then men, and cheerfully to ſuffer for diſobeying: if the thing commanded be meerly doubtfull to him that is commanded, but not to him that commands, who deemes it juſt; there the command of the ſuperiour Power ought to poyſe the ſcales of obedience, eſpecially in things not apparently ſinfull. Thirdly, Obſtinacy, Hereſie, Error, Schiſme, really make men blind in a ſpirituall ſenſe, and thoſe who follow them are more guilty ofqqMat. 15. 19. c. 23. 16, 24, 26. Luke 6 39 John 9. 33, 40▪ 2 Pet … 9. Rom. 3. 1…. Rom. 11. 7. … Cor. …. …. … … 2. …1.Matt 15:19Luke 6:39John 9:33John 9:40Rom 3:1Rom 11:7 blind obedience then the Magiſtrate, who by mulcts and puniſhments would open their wilfully cloſed eyes, and reduce them to the way of truth and unity. Fourthly, a Blind Seducers are more guilty by farre, of leading men into blind obedience, then the coercive Lawes and Puniſhments of Chriſtian States and Magiſtrates: Witneſſe Chriſts Speech of the Phariſos and Jewiſh Prieſts, Marth. 15. 14. They be blind Leaders of the blind▪ and if the blind, …d the …d … ſhall fall into the Ditch: And Matth. 23. 16, 24, 26. Wer … you … Scribe…, Phariſes Hypocrites▪ ye blind guides, ye fooles and p. 113blind (thrice repeated in one Chapter; and Luke 6. 39.) witneſſe the 2 Pet. 2. 1, 2. There ſhall be falſe Teachers among you, who privily ſhall bring in damnable Hereſies, &c. And many ſhall (blindly) follow their pern…cidus wayes. 1 Tim. 4. 1. Now the Spirit ſpeaketh expreſly, That in the latter times ſome ſhall depart from the faith, giving heed to ſeducing Spirits, and Doctrines of Devils: compared with the 2 Tim. 3. 1, to 6. cap. 2. 14. Acts 5. 36, 37. cap. 20. 30. together with Matth. 24. 11, 24. Many falſe Prophets ſhall ariſe and deceive many, 2 Theſ. 2. 10, 11. Revel. 13. 4, 8, 15, 15. Antichriſt, the Beaſt, and the falſe Prophet ſhall deceive and ſeduce all that dwell on the earth, whoſe names are not written in the Book of life: In all Ages blind Priests, Sectaries and falſe Teachers have been the greateſt ſeducers, and moſt led people into blind obedience; witneſſe the blind obedience of the Papiſts to their Priests and Confeſſors, and of moſt Sectaries and Independents to their blind Teachers, who follow them blindly in an Independent Church Government, which their chiefe Leaders have not yet agreed on, and either cannot or dare not plainly publiſh to the world, though earneſtly preſſed thereunto by their Oppoſites and publick authority: which Government MaſterrrRight Reformation. p. 5, &c. Dell now profeſſedly denies, averring, That there is no other Reformation under the Goſpel, BƲT ONELYONLY that of the inward man; and other Reformation, be and the Goſpel knows not any. Yea, this is the miſery of miſeries in this ſeeing Age (as is pretended) that many people zealouſly affected, as if they were all Quicke ſilver, Weathercocks, s Eph. 4. 14. Rom 1. 6. 2 Pet. 2. 1, 17. Jude 12, 13.Eph 4:14Rom 1:62 Pet 2:12 Pet 2:17or waves of the Sea, blindly wheel about with every wind of doctrine, running after every idle crochet of their Independent wavering Paſtors, without examination, beleeving it as an Oracle ſent from Heaven, becauſe they vent it, though there be no ground in Sctipture for it, and cry it up for NEW LIGHT, when in truth it is onelyonly OLD HERESIE revived, or NEW BLASPHEMY or Error, guilded over with the name of Goſpel-Light: How many poor ſoulsttSee Maſter Edwards his Gangraenaes eſpecially the third put. Maſter John Goodwin, Maſter Peters, Maſter Dell, Maſter Saltmarſh, Paul Hobſon the Taylor, (now a ſhining light) and their Confederates, have thus captivated and led away with blind obedience, is too well knowne to the world: Ergo, by Maſter D…i's owne Doctrine, ſince they have brought men with their New light and Crotchets, … beleeve and doe even what they pleaſe or preſcribed, though they know not whether it be with the Word or againſt the Word, they muſt be from henceforth quite exploded out of the Church, as well as the Magiſtrates coercive power▪ priſons, baniſhments, loſſe of Goods, or death; or if they deny this conſequence, they muſt ſtill admit of theſe in the Church, to ſuppreſſe and puniſh Herefies, Hereticks, Schiſmes, Blaſphemies, though they bring ſome into blind obedience, as Miniſters, and their erronious New lights daily doe, who produce more, and farre worſe blind obedience, then the Magiſtrates coercive Lawes or Puniſhments. Fiftly, it is moſt evident, that there alwayes hath been, and ever will be much blind obedience in the Church of God, ariſing principally from thevvEph. 4. 1…. Rom 1. 21, 2… 2 Theſ. 2. 10, 11, 12. 2 Cor. 4. 4. 1 …ha 2. 11.Eph 4:1Rom 1:21Rom 1:22 Thess 2:102 Thess 2:112 Thess 2:122 Cor 4:42 Cor 4:1 Ignorance, Idleneſſe, want of love to the truth and inconſtancy of men; and till God himſelfe by his Spirit ſhall fully open theaaEph. …. …. … 1…. eyes of mens underſtandings to behold, and their hearts to receiv…, love and p. 114hold faſt the Truth (the happineſſe of few or none but yyActs 13, 48. 2 Pet. 1. 9.Acts 13:482 Pet 1:9the Elect) they will be ſtill poſſeſſed more or leſſe with ſuch a Blindneſſe. This therefore being the miſery and puniſhment of mankind (for their originall diſobedience to God in Adams ſinne) of two inevitable blind obediences, it is farre better, fafer for people to beleeve, as the State and Councell ſhall pleaſe, and what the Parliament & Aſſembly (after much faſting, prayer, ſeeking unto God, ſtudying and ſearching of the Scriptures) ſettle, then what Mr Dell ſhall decree (who underſtood not the very meaning of his Text, as Mr Love zzAnimadverſions on Maſter Del's Sermon, p. 2.hath proved, and ſcarce of any one Scripture he quotes, as I have evidenced;) or what Maſter Goodwin, Maſter Peters, Maſter Saltmarſh, Paul Hobſon, or any other New light ſhall preſcribe and ſet up of themſelves, without and againſt Authority; eſpecially ſince they beleeve and preſcribe all with a aaSee the Apology of the five diſſenting Brethren.S…epticall Faith and reſerve, to change and alter at their pleaſure, and not to be bound by their preſent judgment or practice: which for ought men know, may alwayes ring the changes till their knels be rung; they having been ſo variable heretofore, and yet not fixed at the laſt: certainly ſuch a blind obedience to the Parliament, State, Councell and ſupreame Powers, to bbRom. 13. 1. 2 1 Pet. 2. 12, 13 14. Tit. 3. 1. Joſh … 18.Rom 13:1Rom 13:21 Pet 2:121 Pet 2:13Titus 3:1Josh 18whom God enjoynes Obedience in all lawfull and indifferent things, will be farre more acceptable to God and all good men, and freer from the brand of Popiſh Obedience; then blind obedience to Maſter Dell, or any other New Comet whatſoever, with wilfull diſobedience both to our Church, State, Parliament, Lawes, eſtabliſhed Religion and Government, the practice of the beſt and pureſt Churches of ancient and latter times, from which theſe New lights vary, out of affected ſingularity, ccActs 20. 29, …0 Rom. 16. …, …8.Acts 20:29Rom 16or to maintain a faction to bring about their owne worldly deſignes. Finally, the blind obedience of Hereticks, Schiſmaticks, falſe Teachers, Sectaries, and the like, to Lawes and Puniſhments, which would both reſtraine and reclaime them, is farre more acceptable to God, more profitable, leſſe hurtfull, leſſe damnable to themſelves, leſſe pernicious to others, leſſe hurtfull, ſcandalous to the Church and State wherein they live, and more pleaſing unto both, then their obſtinate Hereſies, Errors, Schiſmes, blaſphemies, are or can be; and may (through Gods bleſſing) prove an effectall meanes of their reformation, if not of their reall converſion to the Truth: therefore ex duobus malis minimum; the danger of …lind obedience, muſt neither exempt ſuch from the Magiſtrates juriſdiction, nor from his corporall or capitall puniſhments, which are juſt and lawfull in themſelves, and may prove beneficiall, or at leſt, leſſe hurtfull to them of the two. Finally, ddSee Maſter …'s Due Right of Presbyters, p. 355, 356 Aug. Epiſt. 48, 50.the Magiſtrates compelling Hereticks and Schiſmaticks (ſeduced to blind Obedience by their blind Leaders) to come to the publick Ordinances, where they may be truly informed, inſtructed and converted to the truth, is ſo farre from working blind obedience in them, that it brings them to true and ſolid obedience, upon juſt grounds of Scripture, reaſon, conviction, and ſo is quite contrary to what is here objected: And thus I have blowne up this ſtrong Hold of this great Man of Warre, as well as the former. His next Objection is this:

… Reformation (or ſuppreſſing Hereſies, falſe Doctrines, Blaſphemies,Object. 9 p. 115Schiſmes, by externall Cenſures) ddRight Reformation, p. 3cauſes diſturbances and tumults in the world: when men are cauſed by outward power, to act againſt their inward principles, in the things of God; what diſturbances this hath bred in States and Kingdomes, who knowes not? So that they who lay hold on the power of men, and goe abovt to reforme hearts and conſciences by outward violence, are never the cauſe of Reformation, but alwayes of tumult: And this renders the cauſe of the Goſpel grievous and odious to the world, rather then commendable: and therefore let all that love the Goſpel of Chriſt, abſtaine from outward violence; for they that uſe the Sword, in this kind, ſhall in the end periſh by the Sword.

This Argument and miſapplication of our Saviours words, is borrowed from the old Donatiſts and late Anabaptiſts; as is evident by Auguſt. Cont. Lit. Petilian. Donatiſt. l. 2. c. 88. Epiſt. 48, 50. & Lucas Oſiander Enchirid. contr. cum Anabaptiſtis c. 9. qu. 1. p. 188.

I anſwer, firſt, That this Argument is grounded on, deduced from noAnſwer. Text of Scripture, but meerly on, and from worldly policy, which Maſter Dell tels us, muſt have no place in the Church of God, no more then worldly power. Secondly, as weeeRom. 3. 8.Rom 3:8 muſt not do evil that good may come of it, ſo the Magiſtrate muſt not neglect to do juſtice, and puniſh Hereticks, Schiſmatick Seducers, Idolaters and Blaſphemers, though outward miſchiefes, ſeditions, tumults (**Haerefis in Republica bellum, & ſeditionem concitat, Tho. Beauxannis Har. Ilvang. Tom. 2. ſ. 630. which they cauſe) may enſue thereupon: Maſter Dell, I hope, never preached this Doctrine, either to our Victorious General, or the Army, that the taking up Armes againſt the King and his Malignant Forces in defence of our Parliament, Religion, Lawes, Liberties, would cauſe very great diſturbances, tumults, murders and diſtractions in the Kingdome, farre more, far greater then the ſuppreſſion of obſtinate Hereticks or Schiſmaticks; Ergo, it was utterly unlawfull for them to take up Armes, or fight, or draw blood in this cauſe, as ffAppeale to thy Conſcience. See the Grand Rebellion; The Neceſſity of chriſtian Subjection; The ſtate of our Affaires, &c.Doctor Ferne, and other Royalliſts argue from this very ground; if he had preached any ſuch Doctrine to them, no doubt they would have caſheered & ſequeſtred him longere this for ſuch Malignant Divinity, as ſome Cavalieriſh Divines have been, even by Independents themſelves, as well as by Presbyterians. If then his Argument holds not at all, by the Generals & whole Armies reall acknowledgment and practiſe; by the whole Parliaments, and their Adherents joynt Reſolutions, in caſe of our preſent warres, much leſſe will it hold in the caſe of the Magiſtrates ſuppreſſing, puniſhing reall Heretickes, Schiſmatickes, and Blaſphemers, according to his duty. Thirdly, this reaſon might be urged againſt the apprehending and puniſhing of potent Malefactors, of a ſtrong party of theeves, plunderers, riotors, rebels and the like; yea, againſt the relieving of our diſtreſſed brethren in Ireland againſt the bloody Iriſh popiſh Rebels; or ſuppreſſing the Pirates of Dunkirk, Tunis, Algiers: yea, againſt populer Elections of Knights and Burgeſſes for Parliament, which many times cauſe Tumults and commotions; yet it holds not waight in any of all thoſe caſes; therefore not in this objected. Fourthly, Maſter Dell might object thus againſt the expreſſe Text of Deut. 13. 13. to 18. where God commands the Iſraelites to make Warre againſt an whole City that Apoſtatized to Idolatry, and to ſmite all the Inhabitants thereof with p. 116the edge of the Sword, and deſtroy it utterly; becauſe it could not be done without great diſturbances and tumults; againſt the whole Congregation of Iſraels warring againſt the Tribe of Benjamin, and Inhabitants of Gibeah, for not delivering up into their hands thoſe wicked men of Gibeah, who raviſhed the Levites Concubine to death, that they might put them to death, and ſo put away evill from Iſrael, Judges 20. becauſe it coſt many deer-bought Battailes, much bloodſhed, yea, the lives of many thouſands, and brought the Tribe of Benjamin almoſt to utter ruine; againſt the reformation of moſt of the godly Kings of Judah; againſt gg2 Kings 9. & 10.2 Kgs 9Jehu his proceedings againſt the houſe of Ahab and wicked Jezabel; againſt Gods owne miraculous puniſhing of Corah, Dathan and Abiram for their Schiſme, which bred much murmuring and tumult againſt Moſes and Aaron hhNum. 16. 41Num 16:41among the diſcontented multitude; Yea, againſt the very preaching of the Goſpel it ſelfe, by Chriſt and his Apoſtles at firſt, and his godly Miniſters ſince, which occaſioned, engendred many tumults, commotions, ſeditions, perſecutions, Wars in the Christian world, as all Eccleſiaſticall Hiſtories evidence, and Chriſt himſelfe predicted they ſhould, Matth. 10. 34, 35, 36. cap. 24. 6, to 14. Luke 12. 51, 52, 53. cap. 21. 8, to 18. John 16. 1, 2. yea, againſt the private Conventicles of Maſter Dels Saints, the Anabaptiſts and other Sectaries Dippings, ſecret meetings, and iiSee Maſter Edwards Gangraena, part 3. p 251, 252, 253, 254, &c.violent invading of our Pulpits againſt the Miniſters and Peoples wils, in many places: Therefore Maſter Dell muſt certainely diſclaime this idle, childiſh argument. Fiftly, theſe Diſturbances and Tumults, are but contingent, not neceſſary conſequences of Magiſtrates forcible reformation and puniſhments on obſtinate Hereticks and Schiſmaticks, who are commonly puniſhed, ſuppreſſed (if the Magiſtrates proceed diſ…re…tly) without any great tumult or reſiſtance, and not a**See Auguſt. Epiſt. 48, 50. neceſſary concomitant: and when ſuch tumults happen, through the Hereticks potency, obſtinacy and wilfull reſiſtance of the Magiſtrates lawfull power or cenſures, it is not the Magiſtrates fault or ſinne, but the Hereticks, Schiſmaticks, Malefactors; and ever, or for the moſt part kk2 Pet. 2. 1, 2 &c. Acts 5. 36 37, 38 Rom. 13. 1, 2▪ 3, 4.2 Pet 2:12 Pet 2:2Acts 5:36Rom 13:1Rom 13:2Rom 13:3Rom 13:4ends in their deſtruction and damnation, if not totall extirpation: witneſſe the tumultuous llAuguſt. cont. Creſe. Gram. … ▪ 3. c. 42, &c.Donatiſts Example of old, the mmSleidan com l. 10. Span. hemi…. Diatr. Hiſt.Germane Anabaptiſts Tumults and Rebellions ſince, and thoſe who have trod in their wicked paths, as the Rebels in Cornwall, Devonſhire and the North, in King nnSee Holinſhead, Speed, Stow, Graſion Cambden's Elizabeth.EDWARD the VI. and Queen ELIZABETHS Raigns, oppoſing their godly Reformations by open force; to whom that Text of Mr Dels is moſt juſtly appliable; Thoſe that uſe the Sword in this kind (againſt the Magiſtrate) ſhall in the end periſh by the Sword; ſpoken by Chriſt to Peter himſelfe when he drew his Sword to reſcue Chriſt himſelfe from the high Prieſts violence, Mat. 26. 51, 52, 53. not of the high Prieſts Servants, who came out to apprehend him, with ſwords and ſtaves, ver. 47. 55. So that this Text makes point-blank againſt tumultuous reſiſtance of the Magiſtrate, by thoſe whom he would reforme by coercive lawes and puniſhments but nothing at all againſt the Magiſtrate; whom, thoſe who reſiſt in his lawfull calling, reſiſt the very Ordinance of God, againſt Gods owne expreſſe commands in the Goſpel it ſelfe, and ſhall bring upon themſelves ſwift damnation and deſtruction too, Rom. 13. 1, 2, 3, 4. 1 Pet. 2. 13, 14. 2 Pet. 2. 1. p. 117Sixtly, whereas he objects, That forcible reformation by coercive Laws and Puniſhments, and the civill Magiſtrates coercive power, are NEVER THE CAUSE OF REFORMATION, but ever of tumults, it is a moſt bold and falſe aſſertion, contrary to all the expreſſe precepts of God, for the corporall and capitall puniſhments of Idolaters, Apoſtates and Seducers, in the old Teſtament, and all the Preſidents of the Reformation of godly Kings and Magiſtrates, therein recorded for our imitation, already cited; of farre more credit then Maſter Dels bold aſſertion; contrary to the 1 Cor. 5. 5. which reſolves, that the puniſhment of men, and delivering them to Satan, to afflict and torment them, to the deſtruction of the fleſh, is a meanes that their ſouls might be ſaved in the day of the Lord Jeſus; compared with the 1 Cor. 11. 32. contrary to the experience of all former Ages, of the Reformed Churches abroad, and our owne Lawes, Statutes againſt Recuſants and Sectaries at home; there being few Hereſies, Errors or Schiſmes in any Age or Church that were ever totally ſuppreſſed and reformed, but by the Magiſtrates power; which if duly executed, would quickly quell all Hereſies, Errors, Schiſmes, that now infeſt our Church, without any conſiderable ſtir or tumults. Pope ooEpiſt. 38, 39▪Leo the firſt, in two Gratulatory Epiſtles to the Emperor Martianus and the Empreſſe Pulcheria; writes, That by their coercive Lawes againſt Hereticks, the Hereſie of Eutiches was twice ſuppreſſed, and at the laſt, extirpated throughout the world, to their double Crowne, Honour; and thoſe Hereticks brought to publick Repentance, reconciled and admitted into the Catholick Church: Quia devotionis utrumque & Chriſtianae, ut pertinaces SEVERITAS JUSTA COERCEAT, & converſos Charitas non repellat. Auguſt. contr. Lit. Petil. & Epiſt. 48, & 50. affirmes of the Donatiſts; that very many, yea, whole Cities of them were converted in his time for fear of puniſhment, by the lawes againſt them; and our owne Nubrigenſis, l. 2. c. 13. and Euſebius, de Vita Conſtantini, l. 3. c. …4. forecited, informe us of the like effects, and Gratian more fully, Cauſa 23. qu. 1, 4, 5. The like courſe now, would no doubt produce the ſame effects, and keep others from infection and falling into Hereſie, Blaſphemy, Schiſmes, to the publick prejudice, whatever Maſter Dell pretends to the contrary. Finally, I anſwer, that this Objection made by a Chaplaine to the Army, who have now the ſword and power in their hands, might receive a very ſower conſtruction, if compared with his late ppSee Maſter Edwards Gan graena, the part 3. p. 63, 64, 213.Doctrine in the Army; but I know the integrity and fidelity both of our incomparable General, and the generality of our Souldiers, to be ſuch, that they would rather lay downe their Lives and leave the Kingdome (as Maſter Peters hath oft averred in the Pulpit on their behalfe) then raiſe the leaſt tumult or diſturbance to oppoſe the Church-government and Reformation which the Parliament in their wiſdomes ſhall eſtabliſh. And ſo I have routed Maſter Dels chiefe Arguments; that from henceforth (to uſe his owne words to Maſter qqPage 36.Love) Babes and Sucklings, you ſhall come forth and anſwer this Master in Iſrael.

The tenth Objection is this, rrRight Reformation, p. 21▪Forcible Reformation is unbeſeeming the Goſpel, Object. 10.for the Goſpel is the Goſpel of Peace, and not of Force and Fury; Civill, Eccleſiaſticall p. 118Reformation, reformes by breathing out Threatnings, Puniſhments, Priſons, Fire, death; but the Goſpel by Preaching Peace; And therefore it is moſt unbeſeeming the Goſpel to doe any thing violently for the advancement thereof, &c. So the ssSee Auguſt. lib. 2. contr. lit Petiliani, & contr. Creſconium Gram. l. 2. & Epiſt. 48.Donatiſts and ttLucas Oſiander, Enchirid. contr. cum Anabaptiſtis, cap. 9. qu. 2, 3, 4.Anabaptiſts argued heretofore, and Maſter Dell out of them now.

I anſwer, firſt, though the Goſpel be a Goſpel of Peace to thoſe who obey it, and offers Peace to all at firſt; yet it alwayes reforms not only by preaching peace to men, but Warre, Hell, Death, Damnation and loſſe of Heaven, Peace being but one branch thereof. This is cleere by Matth. 10. 11, to 16. Luke 10. 5, to 16. Mark 6. 11. where when Chriſt ſent forth his Diſciples to preach; he bids them, At their firſt entrance into any houſe or City, to ſay firſt, Peace be to this houſe: But if they received them not, then he commanded them to goe into the ſtreets, and ſay: Even the very duſt of your houſe, or City, we do wipe (or ſhake off) againſt you; and that it ſhall be more tolerable for Sodom in that day, then for that houſe or City. So after his Reſurrection, when he ſent forth his Apoſtles, to preach the Goſpel to every Creature, he gives them this disjunctive Commiſſion; He that beleeveth and is Baptized ſhall he ſaved; here is peace: But he that beleeveth not, ſhall be damned; here is warre, threats, violence: Mark 16. 16. So John 3. 36. He that beleeveth on the Son hath everlaſting life; (here is peace;) & he that beleeveth not the Son ſhal not ſee life, but the wrath of God abideth on him: here is war: and ver. 18. He that beleeveth on him is not condemned, but he that beleeveth not is condemned already, &c. So Luke 13. 3, 5. Except ye repent ye ſhall all likewiſe periſh. Here Chriſt proclaimes Warre as well as Peace, Threats as well as Promiſes, Damnation as well as Salvation, even to work Goſpel-reformation: The like did John Baptiſt, his forerunner, Matth. 3. 10, 12. and Saint Paul in ſundry places; as Rom. 2. 5, to 11. 1 Cor. 6. 9, 10. Gal. 5. 21. (quoted by Maſter Dell himſelfe) Epheſ. 5. 6. Phil. 4. 18, 19. Col. 3. 5, 6, 25. 1 Thes. 5. 3. 2 Theſ. 1. 6, to 12. cap 3. 8, 12. Heb. 2. 2, 3. cap. 4. 1. cap. 6. 4, to 9. cap. 10. 16, to 31. cap. 12. 21, 29. Hence in the 2 Cor. 5. 11. he uſeth this expreſſion; Knowing therefore the TERROUR of the Lord, we perſwade men: Saint James doth the like, James 5. 1, 2, 3. Saint Peter the like, 2 Pet. 2. & cap. 3. 7, 10, 11. Saint John the like, 1 John 5. 12. 16. and Jude the like, ver. 5. 17. who concludes thus, verſe 23. And others SAVE WITH FEARE, PULLING THEM OUT OF THE FIRE: So Revel. 20. 14, 15. cap. 22. 15, 19, 20. & Matth. 25. 31. to the end, we have the like Threats and Puniſhments in Hell fire, propounded to ſcare men by feare unto Repentance, which work upon mens hearts to convert them, as well as the promiſes of peace: Yea, Paul aſſures us, That the Law (which is full of terror and menaces) is our Schoolmaſter to bring us unto Chriſt, that we might be juſtified through faith, Gal. 3. 24. And Chriſt himſelfe under the Goſpel, converted Paul the Perſecutor in the midſt of his perſecution, not by the Goſpel vvSee Auguſt. Epiſt. 48.of peace, but by a ſhining Light, and terrible voyce from Heaven, which ſtruck him unto the earth, astoniſhed him and his whole company, yea, by ſmiting him with blindneſſe for a time, and by this forcible means made him a Preaching Paul, building that which he formerly deſtroyed, p. 119Acts 9. 1, to 17. cap. 22. 4, &c. Therefore its falſe which Maſter Dell avers, That the Goſpel reformes and converts men onelyonly by preaching Peace, and that it breaths not out threatnings, puniſhments, fire, death, as Church-Eccleſiaſticall reformation doth, which misbeſeems the Goſpell: For Chriſt, though he be a Lamb, yet he hath **Pſal. 2. 5, 12 Rev. 6. 16, 17.Ps 2:5Ps 2:12Rev 6:16Rev 6:17wrath in him too, as well as meekneſſe, which wrath is exceeding terrible; yet he converts men by it, and by threats of eternall torments, fire, death, as well as by preaching peace.

Secondly, we read Pſal. 2. 8, 9. this Propheſie of Chriſt himſelfe vnderunder the Goſple, Aske of me and I will giuegive thee the Heathen for thine Inheretance and the uttermoſt parts of the Earth for thy Poſſeſſion: Thou ſhalt BREAK THEMv Id eſt, Conteres in eis terrenas cupiditates, & veteris hominis lutulenta negotia, &c. Aug. Enar. in Pſal. 2.Ps 2 WITH A ROD OF IRON, and daſh them in pieces like a potters veſſell; recited and applied to Chriſt in the new Teſtament, Revel. 2. 27. & 19. 25. So Pſal 110. 2, 5, 6. The Lord ſhall ſend the ROD of thy ſtrength out of Sion; rule thou in the midſt of thine Enemies: The Lord at thy right hand ſhall ſtrike thorough Kings in the day of his wrath; He ſhall judge among the Heathen; He ſhall fill the places with dead bodies; He ſhall wound the heads over many Countries: Yea xxPage 27.Maſter Dell himſelfe aſſerts; That Chriſt ſhall puniſh ſinners more ſeverely then any powers of the world can puniſh them, for he ſhall ſmite the Earth with the ROD of his mouth, & with the breath of his lips he ſhall ſlay the wicked, Iſa. 11. 4. If then Chriſt doth thus ſubdue and break in pieces with a Rod of Iron, and the Rod of his wrath, the Heathen which God gives unto him for his poſſeſſion, and wound the heads over divers Countries, yea ſlay the wicked (that is, their wickedneſſe and ſinnes, not perſons) by the Rod of his mouth, that is, by threats and terrors, and converts ſome in a forcible manner, as he did P…ul from Heaven; then certainly the Goſpel and Chriſt doe not alwayes convert by preaching peace, and forcible Reformation is not unbeſeeming the Goſpel, ſince Chriſt himſelfe doth thus uſe it, as th…ſe Texts import; yea, Chriſtian Magiſtrates may breath out priſons, fire, death, threatnings, puniſhments againſt Hereticks, Blaſphemers, and obstinate Malefactors, to reſtraine and reforme them, as well as Chriſt, the Goſpel and his Miniſters, breath out Rods of Iron, Damnation, a Lake of fire, Hell, chaines of darkneſſe, and everlasting death, torments, to reforme and turne men from their ſins.

Thirdly, If it be moſt unbeſeeming the Goſpel of Chriſt to doe any thing forcibly for the advancement of it, then why do not Maſter Dell, Maſter Sal…marſh and Maſter Peters reprove, reforme their preaching Souldiers and Captains, (as yyMaſter Edward his third part of the Gangraena. p. 252, 253, 254 &c. & 2 part paſſim.Colonel John Hewſon, Lieutenant John Web, and others) who violently intrude into our Ministers Pulpits againſt their wils, and in a moſt tumultuous manner, interrupt them forcibly in their Sermons, preach in their places, and offer violence to their perſons; threatning not to ſheath their Swords, till they have rooted out all the Priests, and left never a Black-coat in England, & teach them this good Doctrine: May theſe thus tumultuouſly, forcibly againſt the Ordinances of Parliament, uſe open force and violence, without any check or exemplary puniſhment by a Counſell of Warre, and yet muſt not the Magiſtrate uſe the Sword of Juſtice to puniſh ſuch ſeditious riotous Schiſmaticks and Hereticall Sectaries, without diſhonouring the Goſpel of peace? Yea, why p. 120have Maſter Dell, Maſter Peters and Maſter Sal…marſh themſelves in ſome places endeavoured forcibly to intrude into the Miniſters Pulpits (as Maſter Bodens at Bath, and elſwhere) againſt their wils, and convented them for denying to admit them, till they had recanted their erronious Doctrines? Let them then for ſhame renounce this Objection, which their own practice re…utes as heterodox; or elſe reforme theſe their violent practiſes, or deny this power to our Magiſtrates, which themſelves and their Saints uſurp, as peculiar to themſelves.

Fourthly, If this be true, Why have the godlieſt Christians and moſt zealous Ministers of God in all Ages, Churches zzSee Aug… Epiſt. 48…. … Cauſa …3 qu. 1, 4, …. S… Eccl. Hiſt. l. 1. c. 8. Cent. Magd. 4, 5, 6, 7, 8. cap 1. De Haereſibus, &c. 7. De Officio Politici Magiſtratus in … & conſervanda Guber… & Diſciplina Eccleſtica, Aug l. 2. … P… O…us l. 3invoked the Lawes, Power, Sword of Chriſtian Magiſtrates, Kings, Emperours, againſt obſtinate Hereticks Schiſmaticks, Blaſphemers, as I have already proved? Yea, why did the Chriſtians in the … Church aa… Ecc. Hiſt. … 7. c …4. N…ph… rus Ec…t. l 6. c. 24. Ita Paulus ab Eccleſia non tantum a ſancta & Eccleſiaſtica, verum etiam a … & Mundana poteſtate turpi & …ſt pul ſus, Cum ſummo … ſecularis imperii a… … ab ….deſire the Heathen Emperour Aurelianus, to ſuppreſſe, expel▪ correct that groſſe inſolent laſcivious Heretick Paulus Samoſatenus; which he accordingly did at their requeſt? and why doe the bbSe… mo… of Confeſſions, Sect. 19. of the Civill Magiſtrate.Confeſſions, the cc… … cap. d… Magiſtratu.Di…nes of all reformed Churches beyond the Seas, incite the Chriſtian Magiſtrates to ſuch a reſtraint and puniſhment of Hereticks, Schiſmaticks, Blaſphemers, aſſerting i… to be not onelyonly lawfull, but their duty too, or why do ſome Independents confeſſe as much in print? Either therefore all theſe were utterly miſtaken (as I am ſure they were not) or Maſter Dels Objection is abſurd, without any ſhadow of ſolid reaſon; the rather, becauſe this forcible converſion of Hereticks and Schiſmaticks takes not place, but when and where the Goſpel of peace is firſt preached, tendred, refuſed; and admoni…ns, with other milder means, will not prevaile.

Fiftly, if forcible Reformation and violence be contrary to the Goſpel of peac… …en ſurely Warres and Armes are much more, and utterly unlawfull, … Maſter Dels Maſters, the Maſter … of … Divi… ▪ … ▪ … See… …, …um. An… ▪ …. … ▪ …. … …. &c. …0. … … ▪ …. … … … ▪ … ▪ … ▪ … ▪Anabaptiſts hold; why then is Maſter …ell a Chaplaine to and in our Army, and ſo many of his Saints, men of Warre and Blood, of Force and Violence? They muſt either renounce their Military Employments now, or Maſter Dels Divinity, unleſſe they love the gaine of the …arres, more then the truth of Maſter Dels Goſpel of Peace.

Sixtly, if the Goſpel be a Goſpel of peace, then it is moſt juſt the Chriſtian Magiſtrate ſhould forcibly ſuppreſſe and puniſh Hereticks, Schiſmaticks, Blaſphemers and Seducers, who make Warre againſt the Truth and Peace of the Goſpel, with corporall and externall puniſhments, to preſerve the Peac… ▪ Unity and purity of the Goſpel, when other meanes will not… we ſhall neither enjoy the peace nor purity of the Goſpel, nor ſo much … outward peace. Hence Paul commands us to pray for Kings and… Authority, that under them we may live quiet and PEACEABLE LIVES. See Fi…-Her… Cromptons, and … of ….in all … and honeſty: As therefore thoſe who break the civill Pea…e … the… King …nd State, may be juſtly indicted, impriſoned and bound to the Pea…e with ſufficient ſureties (and ſometimes to the good behaviour) for it, by the Justices of Peace and Civill Magiſtrate, to preſerve peace for the future: ſo p. 121doubtleſſe may thoſe Hereticks, Schiſmaticks, Seducers, Blaſphemers, who diſturb the peace of the Church and Goſpel, be thus indicted and puniſhed by them, to preſerve the peace of the Church, the puriy of the Goſpel, and our Kingdomes peace thereby.

The eleventh Objection is this, hhRight Reformation, p. 21, 22.The Faithfull, the Subjects of Chriſt's Object. …1.Kingdome, are a willing people, Pſal. 110. 3. Thy people ſhall be willing in the day of thy power: The very day of Chriſts power, is not to force men againſt their wils, but to make them willing; and what needs outward power to force a people, made willing by the Spirit? &c. And to back this reaſon, he (to ſhew his great reading) quotes the ſayings of Melancton, in Pſal. 110. 3. of Polanus, Tyndall, Luther and Ʋlri…hus ab Hutten, in his Margin, to this effect: That Religion is not to be forced with the Sword, nor Nations or People to be compelled to the Faith of Chriſt; but mens hearts are to be drawne to the true Faith of Chriſt; through preaching the Word of Truth: Adding a ſaying of Luther (but not citing the place, nor yet of any of his other Authors, but Melancton onelyonly, having taken them upon hearſay from others) Christus non voluit vi & igne, cogere homines ad fidem; And, Hereticos comburere, eſt contra voluntatem ſpiritus. His other ſentences touching the Popes worldly pompous Kingdome, are like his arguments, nothing to purpoſe; and he prefaceth his quotations thus; So you may ſee the Truth, though it hath BƲT FEW FOLLOWERS, yet it hath SOME.

To this I anſwer, firſt, That Hereticks, Blaſphemers, falſe Teachers andAnſwer. obſtinate Schiſmaticks, are no true Subjects of Chriſts Kingdome, nor yet of the number of thoſe people, who ſhall be willing in the day of his power▪ and I hope Maſter Dell dares not averre nor ſtile them ſuch, ſince they are a moſt obſtinate, refractory, ſeditious, ſtiffe-necked and rebellious Generation, oppoſite and contradictory to the Faith & Truth of Chriſt, as is cleer by the 1 Tim. 4. 1, 2, 3. 2 Tim. 3. 1, 2, 3, 4, 5. 2 Pet. 2. 2, &c. Jude 5. to 20. Tit. 3. 11, 12. Rom. 16. 17, 18. Whence **Sermo 66… ſuper Can….Bernard aſſerts of them, mori magis eligunt quàm converti: Therefore this Text and Argument cannot be applied to them; and is but this in ſubſtance: The Faithfull, (the proper Subjects of Chriſts Kingdome) are a willing people, and ſo need no forcing.

Ergo, Obſtinate Hereticks, Schiſmaticks, falſe Teachers, Blasphemers (who are neither Gods people, no… a willing people) ought not to he puniſhed with corporall or capitall puniſhments by the civill Magiſtrate, for their hereſies, ſchiſmes, errors, blasphemies; and Hereticks ought not to be burnt.

He might as well argue; boyes that are willing to goe to Schoole and learne their bookes, need not the rod to force them to it; Ergo, boyes that loyter and are unwilling to goe to School or learne their books, need not the rod, and muſt not be whipped. A meer loytering School-boyes argument, which deſerves no anſwer but the whip.

Secondly, no Church nor Congregation in the World conſiſteth p. 122only or altogether of Saints & willing people, but the major part of them at leaſt, are unregenerate, backward and unwilling to all that is good; yea need upon occaſion, by Lawes and outward puniſhments, to be conſtrained to reſort to the pnblick Ordinances, and to forſake their errors, ſchiſmes: To argue therefore againſt the coercive power of the Magiſtrate in Chriſtian Churches, States, becauſe the Saints are a willing people, when as the moſt in the Church are neither Saints nor willing, and ſo need coercive Lawes and puniſhments, is moſt abſurd; Yet this is Maſter Dels Logick and Divinity; He might as well conclude, the Saints are a willing people, Ergo▪ the Magiſtrate cannot puniſh Traytors, Murderers, Theeves, Rebels, as; Ergo, they muſt not puniſh Hereticks, Schiſmaticks, Blaſphemers.

Thirdly, Admit the Saints to be a willing people, and that ſome of them may be Hereticks and Schiſmaticks for a time, will it therefore follow, they need no Rods nor Spurs to ſtir them up, reduce or puniſh them, when, or where they are dull, negligent, erronious, or doe amiſſe? Will you argue thus? Chriſts Saints and People are a willing People: Ergo, they need not the exhortations, preaching, or inſtructions of Miniſters, of private Chriſtians, the exerciſe of holy duties, the threats and terrors of the Law or Goſpel, to excite and ſtirre them up. Doe not the willingeſt Chriſtians, Saints, need Rods, Spurs ſometimes, as well as others, to quicken them? and doth not God himſelfe many times ſcourge, excite them with outward and inward afflictions and chaſtiſements of all ſorts, to make them mend their pace? Did Maſter Dell, or his Saints in the Army, never ſpu…re nor whip their free Horſes? or doe Schoolmaſters never whip or ferrula their Schollars that are moſt forwards to learne, becauſe they are willing Boyes? No verily: Their willingneſſe at one time, will not excuſe their deadneſſe, dulneſſe, lazineſſe, much leſſe their deviations at another: Therefore though people be willing, yet they need the Spurs, the Rods both of the Miniſter and Magiſtrate to quicken, or mend their ſpeed, and reclaime them when they erre, & ubi deſinit Theologus ibi incipit Magistratus, where the Miniſtry of the Word will not quicken and reforme Chriſtians, the Magiſtrates Sword muſt doe it: Chriſts Power muſt make men willing when his Mercy and Goſpel will not prevaile; and Magiſtrates Lawes duly executed muſt bring Hereticks, Schiſmaticks, Blaſphemers to conformity, and our publick Congregations, when the Word will not effect it: And thus much for his Argument.

Fourthly, for his Authorities cited, That Faith is not to be forced, but perſwaded by the Word; I grant it true in the Authors ſence, but not in Maſter Dels▪ For firſt, their meaning is not like his, that Chriſtian Magiſtrates may not by coercive Laws and puniſhments ſuppreſſe obſtinate ſeducing Idolaters, Heretickes, falſe Teachers, Schiſmaticks or Blaſphemers, which they all unanimouſly grant they may (as I ſhall prove anon;) and is farie different from enforcing faith▪ but their ſence la, that Chriſtian Princes or Magiſtrates ought… o… by force of warre or outward violence to compell Pagan Nation… ▪ who never embraced the Goſple, to baptiſme and externall profeſſion p. 123of the Goſpel, againſt their wils, without any previous inſtructions, God having appointed his word, not ſword to convert ſuch▪ Matth, 28, 19, 20. Mark 16. 15, 16. Acts. 7. 8. This is all that Melanctons, Maſter Tindi… ▪ or Polanus objected words import: Which opinion I readily ſubſcribe to, aſſerted by Hugo Grotius, De Jure Belli, l. 2. c. 20. ſect. 48. where he affirmes, Bella juste non inferri iis, qui Christianam Religionem complecti nolunt: to which he addes, ſect. 50. Nec etiam his qui circa legis divinae im…erpretationem ballu…inantur: This he illuſtrates and proves by the Authorities of Tertullian, Clemens Romanus, Athanaſius, Chryſostome, Lactantius, Augustine, S…viarlus, a French Synod, Joſephus, Cyprian, Gregory Nazianzen▪ Antonius, Valen… tinian m In 2…. qu. 10 Art. 8. part 6.the Emperour, Ammianus Marcellinus, and the Councel of Toledo: with whom, as touching the enforcing of Pagans in this manner to the Chriſtian Faith, iiChron. Sax. I. 1. p. 17, &c.Chytraeus, kk…ilgrimage lib. 9. c. 17.Purchas, and Maſter llDue Right of Presbyter…s, p. 252, 253, 354, 361, 362 363.Rutherfurd concu…e, though they all maintaine the Magiſtrates power to ſuppreſſe Hereticks, Schiſmaticks▪ Blaſphemers, by coercive lawes, and civill puniſhments; ye… ▪ the very popiſh Doctors and Jeſuits themſelves, who are moſt violent …o… the Magiſtrates ſuppreſſing and puniſhing Hereſie, Blaſphemy and Schiſme with ſevereſt lawes and puniſhments, even to death it ſelfe, aſſert it, to be unlawfull for Chriſtian Princes, by warre and outward force to compell Pagan Nations to embrace the Chriſtian Faith againſt their …ls: w… neſſe Joſephus Acosta, De procuranda Indorum ſalute, cap. 3. Vega de Fides Due Right of Presbyteries, p. 352, &c. & Operibus, qu. 3. Bartholomaeus …e las Caſas, de Hiſpan▪ Crudelitate, … Cova…vias in Reg. Peccati, p. 2. ſect. 10. mmIn 22. qu. 1… Art, 8. Dub. 1.Tannerus the Jeſuit, nnComment in 12. qu. 10. c. 3Gregory de Valentia, ooDe Virtutibus Theolog. qu. 10 Art. 8.Ga…achous, ppDe Pun. Haeret. l. 2. 14.Malderus, & Alphonſus a Castro; H…nce, qqIn Arcan. Hiſt.Procopius blames Justinian, for compelling the Samaritans by outward power to Embrace the Christian Religion; and rrChron. Sax. l. 1. p. 15, &c.Chytraeus …xeth the Archbiſhops of …iga, and Knights of the Teutonick Ord… (inſtituted for that purpoſe) for o…deavouring rather▪with force and Armes, to compell the Pagan … and Laplanders to embrace the Christian Faith, then▪ by the Word and good Example to induce them to it: Yet Maſter Rutherfurd, ttGe Artib. ſupernat. Diſp. 18. de Infidelit. Dub. 18. num. 226.Aegidius …o…ck, vvIn 2… ▪ qu. 10. Artic. 8.Lorca, xx2, 2. qu. 10 Art. 8.Aquinas, yyIn 2, 2. qu. 10. Art. 8.Cajetan and others, aſſert, That a Christian Pr… ſubd…ing a heathen Nation, may compell them …o de…ſt from blaſpheming and diſhon…g Chriſt, from exte…all falſe …o…ſhip of Idol▪go…s, offering up their Children to … ▪ and from …ppoſing and himdring Ministers to … the Goſp… to ſuch among them, who are deſtrous … beare them, as the zzIn Lege Nemo. Cod. de Paganis.… Conſta… … … … Temples of that P…g…ng…ds to be cloſed u…, or …, and Idols▪dem…l…ſhed…: which Act is commended both by aaDe Vita Conſtantini, l. 3. c. 52, to 58.Euſebius▪ bbEpiſt. 30.Ambroſe and ccEpiſt. 48.Augustus; yea▪ ddGeneral Hiſtory of Span.…Wpan… and commanded all the Je… who …ld … …, to be …ſhed and removed out of Spa… ▪ and▪ we …ad in the Sp… H…ſto…ds, that divers Jewes, Mo…es have been compelled▪ to be … in …, and many eePurchas Pilgrimage, l. 9… c. 15.Ind…an… … the Weſt Indies, even by …, which divers of their ffMaſſaeus and other… ▪W…i…s approve as lawfull, though others … i…: However, that act of ggZonaras Annal. Tom. 3. …. 19… ▪ Grim…on▪ I…p…al Hiſtory, p. 245. …ut…pius l. 11. p. 15…Jovi…n was moſt Chriſtian and Heroical, who being elected Emperour p. 124after the death of Julian the Apoſtate, by the unanimous conſent of all the Captaines, Souldiers and People, he abſolutely refuſed the Empire, ſaying, **Tripart. Hiſt l. 7. c. 1.That he being a Christian would not be an Emperour over Infidels: But all were ſo well pleaſed with his election, that they preſently cryed out, We are Christians, and for his ſake thoſe who were not ſo before, reſolved to become Christians, upon condition he would accept the Empire; which thereupon he accepted: Whereupon they all turned Christians, and were by this meanes converted to the Christian Faith.

Secondly, I anſwer, that the Chriſtian Magiſtrates may indirectly force men to beleeve in ſome ſenſe, though not directly: As firſt, they may enforce them to the outward Ordinances and meanes of Faith, even againſt their wils (as Parents ſometime enforce their children, and Maſters their Servants) which by Gods bleſſing may work a right faith and beliefe in them by degrees, and convert them from their errors: Forced Phyſick and Potions oft timea recover ſick men; and ſo doe forced Ordinances and Conferences, hereticall, erronious, ſinfull men, as experience manifeſts. Secondly, they may puniſh them for their obſtinate hereſies, ſchiſmes, blaſphemies, and thereby bring them to a ſerious examination, reformation and diſcovery of them, and ſo to a kind of forcible embracing of the Truth, as Chriſt in a manner thus enforced Paul by outward violence, to give over his perſecution, and beleeve, profeſſe the Goſpel, Acts 9. Thirdly, tempeſts at Sea, enforce Mariners and Merchants to be willing to caſt all their Goods over-board, to ſave their lives; ſo may Magiſtrates penalties enforce Hereticks, Schiſmaticks, Blaſphemers to caſt away their errors, hereſies, ſchiſms, Blaſphemies, and imbrace the Truth, to ſave their lives, liberties or eſtates, Fourthly, an erronious judgment and conſcience in matters of Religion, is not a Chriſtians rule of faith or practice, but the word of God, the rule both of his judgment, Conſcience, faith, life: and it is a **See Maſter Rutherfurds Due Right of Presbyteries, p. 378, &c▪dangerous, yea, damnable ſin, for any to be led by ſuch a conſcience or judgment contrary to the word: If then a Chriſtian Magiſtrate be fully perſwaded in his conſcience upon juſt grounds, that he is bound to reſtraine and puniſh ſuch Heretickes, Schiſmatickes, Blaſphemers, who follow their owne erronious judgments and conſciences againſt the expreſſe word of God, even to force them from their hereſies, errors, ſchiſmes, blaſphemies, when no other meanes will prevaile, he may no doubt inflict corporall puniſhments on them (as God himſelfe oft times inflicts outward judgments) thereby to enforce them to renounce their Hereſies and embrace the Truth. And in this ſence, Religion may lawfully be forced, as will appeare by the examples of Manaſſeh, Nebuchadnezzer, and Paul, forecited; and by Deut. 13. 11. Jude. 23. God himſelfe appointing this externall violence, as a meanes to work an inward change both of faith and life, as I have largely proved.

Thirdly, there is an affirmative and a negative beliefe: Though the Magiſtrate cannot enforce men by externall puniſhments or cenſures to beleeve; yet he may enforce them to come to the publick Ordinances, whereby they may be allured, converted to the true Faith; and likewiſe p. 125negatively enforce or reſtrain them, nor to preach, nor yet to ſpred or propagate ſuch an hereſie, error, blaſphemy or ſchiſmaticall opinion, contrary to the Scripture, and Religion eſtabliſhed, to the infection of others, the diſturbance of the publick peace, and diſhonour of Chriſtian Religion; yea, puniſh ſuch who ſhall tranſgreſſe, becauſe this is no forcing of mens faith, conſciences, to beleeve or embrace what faith the Magiſtrate pleaſeth; but a reſtraining or puniſhing of an hereſie, error, blaſphemy, which is a ſinne in the party who is guilty of it, puniſhable by the Magiſtrate, and a ſinne in him to connive at, or tolerate the ſame without puniſhment. Excellent to this purpoſe is that paſſage of ggSee Auguſt. contr. lit Petiliani, lib. 2. c. 83, 84.Augustine, recorded, approved by hhGratian qu▪ 23. diſt 4 ſect. ad fidem.Gratian, Canoniſts and Schoolmen. Petilian the Donatiſt, objected againſt the Princes by whom he and other Hereticks were puniſhed, theſe two things among others, which Maſter Dell and his Saints now object: Firſt, That no man is to be compelled to faith: Secondly, That good manners are not to be choſen, but onelyonly out of Free-will; and produceth all, or moſt of Maſter Del▪s Arguments and Texts alleaged in his Sermon (which is but meer old Donatiſme and Petilianiſme, varniſhed over with the title of New Goſpel-light) to prove, that Magiſtrates ought not to enforce any man to beleeve againſt his conſcience, or puniſh any Heretick or Schiſmaticks with corporall or capitall puniſhments, as being contrary to, and not warranted by the Goſpel. To which this Father gives this grave anſwer, moſt ſuitable to our preſent times, and to Maſter Dell and his new Donatiſts, who make the ſelfe ſame Objections, which I ſhall recite more fully, becauſe it will very much conduce to diſcover the practiſes, and ſtop the mouths of our Oppoſites.

Petilianus dixit, Quôd ſi cogi per legem aliquem vel ad bona licuiſſet, vos ipſi miſeri a nobis ad fidem puriſſimam cogi debuistis: Sed abſit, abſit à nostra conſcientia, ut ad nostram fidem aliquem compellamus. Auguſtinus reſpondit, Ad fidem quidem nullus eſt cogendus invitus, ſed per ſeveritatem, imo & per miſericordiam Dei, tribulationum flagellis ſolet perfidia caſtigari; Nunquid quia mores optimi libertate voluntatis eliguntur, ideo mores peſſimi non legis integritate puniuntur? Sed tamen male vivendi ultrix diſciplina praepoſtera eſt, niſi cum praecedens bene vivenda doctrina contemnitur: Si quae igitur adverſus vos leges conſtitutae ſunt, non eis benefacere cogimini, ſed malefacere prohibimini; dum benefacere nemo poteſt niſi elegerit, niſi amaverit, quod eſt in libera voluntate: Timor autem paenarnm, & ſi nondum habet delectationem bonae conſcientiae, ſaltem intra clauſtra cogitationis coercet malam cupiditatem. Qui tamen adverſas leges constituerunt, quibus vestra comprimatur audacia▪ nonne hi de quibus dicit Apoſtolus, iiRom. 13. … …Rom 13Quia non ſine cauſa gladium portant, miniſtri Dei enim ſunt, vindices in iram ei qui malè agit. Tota igitur quaeſtio eſt, utrum vos non male agatis, quibus tanti Schiſmatis ſacrilegium objecit orbis terrarum? Cujus quaeſtionis diſcuſſione neglecta, ſuperflua loquimini, & cum vivatis ut latrones, mori vos jactatis ut Martyres: Et quia vel ipſas leges, vel invidiam formidatis, vel ad reſiſtendum impares eſtis, non dico adverſus tot homines, ſed adverſus tot gentes catholicas, etiam de manſuetudine p. 126gloriamini, quod ad veſtram partem neminem cogitis: Iſto modoNota. & milvus cum pullos rapere territus non potuerit, columbum ſe nominat; Ubi enim potuiſtis, & non feciſtis? Unde oſtenditis quòd plura faceretis ſi poſſetis. Quando Julianus vobis, Christi invidons paci, baſilicas reddidit unitatis, quae ſtrages a vobis factae ſunt, quando vobiſcum apertis templis ſuis etiam daemones exultabant? Quis cōmemorare ſufficiat bello Firmiano quae à vobis Rogatus Maurus pertulerit? Ipſa Mauritania Caeſarienſis interrogetur, & tempora Gildoniani, quia unus collega veſter familiariſſimus amicus ejus fuit: Viderint Maximinianiſtae quae ſenſerint, nam Felicianum ipſum qui modo vobiſcum eſt, ſi ad juſiurandum liceret provocare, utrum ad communionem veſtram non invitum Optatus redire compulerit, movere labia non auderet, praeſertim ſi ejus faciem populus Muſticanus intueretur, quo teſte illa tunc facta ſunt. Sed isti, ut dixi, viderint quae paſſi fuerint ab eis cum quibus Rogato talia fecerant: Ipſa catholica Eccleſia ſolidata Principibus catholicis imperantibus terra marique armatis turbis, ab Optato atrociter & hoſtiliter oppugnata eſt; quae res coëgit tunc primò adverſus vos allegari apud vicarium Seranum, legem illam de decem libris auri, quas veſtrum adhuc nullus pendit, & nos crudelitatis arguitis. Quid autem manſuetius ſit quàm ut coërcitione damnorum tanta veſtra ſcelera mulctarentur? Quis autem poſſit enarrare omnia illa quae nulla amicitia judicum aut aliquarum poteſtatum, quiſque ubi potuerit, in locis veſtris propria dominatione committatis? Quis voſtrum in plebibus veſtris non aliquid tale vel a prioribus comperit, vel ipſe expertus eſt? Nonne apud Hipponem ubi ego ſum, non deſunt qui meminerint Fauſtinum veſtrum regni ſui tempore praecepiſſe, quoniam catholicorum ibi paucitas erat, ut nullus eis panem coqueret, ita ut cujuſdam diaconi noſtri furnarius inquilinusNota. domini ſui panem incoctum objecerit, eique nulla exilii lege damnato, communicationem non ſolum in Civitate Romana, ſed etiam in patria ſua; nec ſolum in patria ſua, ſed etiam in domo ſua negaverit? Quid nuper, quod ipſe adhuc lugeo, nò…ne Criſpinus veſter Chalamenſis cum emiſſet poſſeſſionē, & hoc emphyteuticam, non dubitavit in fundo catholicorum Imperatorum, quorum legibus nec in Civitatibus eſſe, juſſi eſtis, uno terroris impetu octoginta firmè animas miſerabili gemitu muſſitantes, rebaptizando ſubmergere? Quibus autem niſi talibus factis etiam ipſas de quibus conquerimini leges, longè quidem infra meritum ſceleris veſtri, ſed tamen qualeſcunque ferri coegeſtis? An vero violentis incurſibus Circumcellionum veſtrorū, qui ſub veſtro principatu furioſis agminibus militant, non exagris undique pelleremur, niſi vos obſides in civitatibus teneremus, qui quoque modo ipſam faciem publicam & honeſtorum reprehenſionem, & ſi non timore vel pudore ferre nolitis; Noli ergo dicere abſit, abſit a nostra con…cientia, ut ad noſtram fidem aliquem compellamus; * Facitis enim ubi poteſtis, ubi autem non facitis non poteſtis, ſive legum, ſive invidiae timore, ſive reſiſtentium multitudine. Petilianus dixit; Dicit enim Dominur Chriſtus, kkThe practice of moſt of nu… preſent. Sectaries and Independents, where they have any power.nemo venit ad me niſi quem Pater attraxerit: Cur autem vos non liberum arbitrium unicuique ſequi permittitis, cum ipſe Dominus Deus liberum arbitrium dederit hominibus, viam tamen juſtitiae oſtendens, ne quis forſitan neſcius deperiret: Dixit enim, llJoan 6. … Eccleſ. 16.John 6Sir 16Poſui p. 127ante te bonum & malum, poſui ante te ignem & aquam, quod volueris elige. Ex quo vos arbitrio miſeri, vobis non aquam, ſed ignem potius elegiſtis; ſed tamen inquit, bonum elige ut vivas; qui non vis bonum eligere, vivere te nolle damnaſti. Auguſt. reſpondit; Si tibi proponam quaeſtionem, quomodo Deus Pater attrabat ad Filium homines, quos in libero dimiſit arbitrio? fortaſſis eam difficile ſoluturus es▪ quo modo enim attrahit, ſi demittit ut quis quod voluerit eligat? & tamen utrumque verum eſt, ſed intellectu hoc penetrare pauci valent: Sicut ergo fieri poteſt ut quos in libero dimiſit arbitrio, artrahit tamen ad filium Pater: Sic fieri poteſt, vel ea quae legum coërcitionibus admonentur, non auferant liberum arbitrium: Quicquid enim homo durum & moleſtum patitur, admonetur ut cogitet quare patiatur; ut ſi pro juſtitia ſe pati perſpexerit, id ipſum bonumNota. eligat pro juſtitia talia ſuſtinere: Si autem viderit iniquitatem eſſe pro qua patitur, ſe infructuoſiſſime laborare atque cruciare conſiderans, mutet in melius voluntatem, ſimulque careat & moleſtia ſterili & ipſa iniquitate. Multo itaque gravius & pernicioſius nocitura, & vos cum aliquid adverſus vos reges conſtituunt admoneri vos credite, ut cogitetis quare iſta patiamini: Si propter juſtitiam, revera illi perſecutores veſtri ſunt, mmMatth. 6.Matt 6vos autem beati, qui perſecutionem paſſi proprer juſtitiam, poſſidebitis regnum Cruorum: Si autem propter iniquitatem Schiſmatis veſtri, quid illi niſi correctores veſtri ſunt, vos autem ſicut caeci diverſorum ſcelerum rei, qui poenas legibus pendunt profectò infaelices, & in hoc ſeculo & in futuro?Nota. Nemo ergo vobis aufert liberum arbitrium, ſed vos diligenter attendite quid potius eligatis, utrum correcti vivere in pace, an in malicia perſeverantes, ſalfi Martyrii nomine vera ſupplicia ſuſtinere. Sic vos autem alloquor, quaſi vero aliquid dignum veſtra iniquitate patiamini, cum tanta indigna faciatis, & in tanta impunitate regnetis, ita furioſi, ut per Dei laudes amplius quàm buccina bellica terreatis: ita columnioſi, ut etiam ſpontanea veſtrorum praecipitia noſtris perſecutionibus imputetis. Dicit etiam quaſi praeceptor benigniſſimus, qui non vis bonum eligere, vivere te nolle damnaſti. Ita vero ſi criminationibus veſtris crederemus, benigne viveremus, quia Dei promiſſionibus credimus, vivere nos nolle damnamus: Benè ut arbitror, meminiſti quid Apoſtoli dixerint Judaeis, quando Chriſtum praedicare prohibebantur, hoc ergo & nos dicimus ut reſpondeatis nobis, nnActs 5.Acts 5utrum Deo magis obediendum ſit an hominibus? Traditores, thurificatores, perſecutores, verba ſunt hominum contra homines: In ſola delectione Donati remanſit Chriſtus; verba ſunt hominum extollentium gloriam hominis ſub nomine Chriſti, ut gloria minuatur ipſius Chriſti: Scriptum eſt enim, ooProv. 14.Prov 14In lata gente gloria regis, in diminutione autem populi contritio principis: haec ergo verba ſunt hominum. At illa in Evangelio, ppLucas 14.quia opportebat Chriſtum pati, & reſurgre tertia die, & predicare in nomine ejus paenitentiam & remiſſionem peccatorum in omnes gentes, incipientibus ab Hieruſalem; Verba ſunt Chriſti commendantis gloriam, quam accepit a Patre in latitudine regni ſui. Ʋtriſque auditis, hanc Eccleſiae communionem potius eligimus, & hominum verbis Chriſti verba praeponimus. Rogo quis eſt qui nos dicat mala elegiſſe, niſi qui Chriſtum dicit mala docuiſſe. Petilianus dixit, Nunquid igitur caedem vel ſciſmaticis Deus juſſit inferri? Qui ſi omnino praeciperit p. 128nos deberetis occidi ab aliquibus Scythis ac Barbaris, non tamen à Chriſtianis. Aug. reſpondit, Veſtri Circumcelliones quieſcant & nolo nos de Barbaris terreas: Ʋtrum autem Schiſmatici nos ſimus an vos, nec ego nec tu, ſed Christus interrogetur ut judicet Eccleſiam ſuam: Lege ergo Evangelium, & reſpondet tibi, qqLuc. 24. Act. 1.Luke 24Acts 1In Hieruſalē & in totam Judaeam & Samariam uſ que in totam terram: Quiſquis igitur in Eccleſia non invenitur, jam non interrogetur, ſed aut correctus convertatur, aut Cap. 86.correptus non conqueratur. Petilianus dixit, Neque enim Dominus humanum ſanguine aliquando laetatus eſt, cum rrGen. 4.Gen 4occiſſorem fratris Cain in vita carnificem voluerit permanere. Aug. reſpondit, Si occiſori fratris Deus noluit inferri mortem, ſed relinqui carnifici vitam: vide ne forte hoc ſit, quod cum ſſProv. 21.Prov 21regis cor in manu Dei ſit, unde multas ad vos commonendos & corripiendos leges ipſe conſtituit; nulla tamen lex regia vos juſſit occidi, fortaſſe propterea, ut quicunque veſtrum in pertinaci ſacrilegii furoris aura perſiſtunt, Cain parricidae ſupplicio & vita carnifice crucientur: Legimus enim multos à famulo Dei Moyſe miſericorditer interfectos: Nam in eo quòd pro eorum nefario ſacrilegio ſic eſt dominum deprecatus, ut diceret, ttExod. 32.Exod 32Domine ſi dimittis illis peccatum, dimitte; ſin autem, dele me de libro tuo: ineffabilis ejus charitas & miſericordia ſatis apparet. Nunquid ergo ſubito crudelis effectus eſt, cum de monte deſcendens tot milia juberet occidi? Conſiderate itaque ne forte majore iracundia Dei per tot leges adverſus vos latas a nullo imperatore juſſi fueritisCap. 88. occidi; an illi fratricidiae, non vos comparandos putatis? Petilianus dixit. Ecce vobis pleniſſimum documentum, quod Chriſtiano non liceat in pernicie aliena verſari, diſciplinae autem hujus initium Petro eſt conſtitutum, ſicut ſcriptum eſt percuſſit Petrus auriculam ſervi principis judaeorum, & abſcidit eam: Dixitque illi Jesus; vvMatth. 25. Maſter Del's very Objection in Terminis. p. 24.Matt 25Petre reconde gladium tuum in theca; Qui enim gladio utitur, gladio morietur. Aug. reſpondit, Cur ergo non tali voce compeſcetis arma Circumcellionum? An praeter Evangelium vos loqui arbitremini, ſi dixeritis qui fuſte uſus fuerit, fuſte morietur? Date ergo veniam, quia nec illos à quibus Marculum praecipitatum eſſe querimini, potuerint prohibere majores noſtri; neque enim ſcriptum eſt in Evangelio, qui aliquem praecipitaverit, praecipitio morietur: Atque utinam ſicut illa vel falſa vel tranſacta ſunt, ſic iſtorum lingua ceſſaret: quanquam fortaſſe iraſcimini, quòd legionibus veſtris, & non legibus, ſaltem verbis ſubtrahimus armaturam, quia eas ſolis ſevire tuſtibus dicimus. Vetus quippe iſta eorum malitia fuit, nunc autem nimium profecerunt; Nam inter vinolenta convivia, & cum faeminis maritos non habentibus, liberam comitandi, vagandi, jocandi, bibendi, provocandi licentiam, non ſolum fuſtes tornare, ſed etiam ferrum vibrare & fundas circumagere didicerunt. Sed cur eis non dicam quo animo dico, & illi accipiant, noverit Deus: Inſani, gladius Petri quamvis adhuc carnali motuanimi; tamen pro Chriſti corpore in corpus perſecutoris exertus eſt; veſtra vero arma adverſus Chriſtum diviſa ſunt: corfus vero cui illi caput eſt. Ipſe hoc dixit & aſcendit in Coelum, quo eum furor Judaeorum ſequi non potuit, & membra ejus in corpore quod aſcendens commendavit furor veſter oppugnat. Pro iſtis membris adverſus vos ſeviunt, & vobis reſiſtunt quicunque in catholica parvae adhuc fidei, eo animo ſunt, quo tunc Petrus fuit, cum ferrum pro Chriſto nomine ſtrinxit; p. 129Sed multum intereſt inter veſtram perſecutionem & iſtorum: Vos ſimiles eſtis ſervo ſacerdotis Judaeorum, quia ſervientes principibuo veſtris adverſus Eccleſiam Catholicam, id eſt, adverſus Chriſti corpus armamini: iſti autem tales ſunt, quales tunc▪ Petrus fuit; qui pro Chriſti corpore, id eſt, pro Eccleſia, etiam corporaliter pugnavit; ſed ſi ipſis dicitur quòd quieſcant, ſicut Petro tunc dictum eſt, quanto magis vobis dicendum eſt, ut haeretico errore depoſito ad ea membra pertineatis, pro quibus illi ſic dimicant: Sed laeſi à talibus etiam nos odiſtis, & tanquam aures dexteras perdideritis, Chriſtum ſedentem ad Patris dexteram non auditis. This and much more Auguſtine againſt Petilian and his ſeditious Donatiſts.

I ſhall onelyonly adde two or three more paſſages of his concerning the cruelty and outrages of the Anabaptisticall Donatiſts, and their Circumcellioes, which ſuit very patly with the practiſes of our Anabaptiſts and Sectaries, who now cry out of perſecution: in his vvOperum Tom. 7. pars 1. p. 709.Opus Brevic. Collat. cum Donatistis, c. 4. He writes thus of them: Calce & aceto humanos oculos perſecuti ſunt; in quo ſcelere Diabolum crudelitate pervicerunt, qui hoc in ſancti viri carne non fecit quem in poteſtatem acceperat effligendum▪ Oculos in hominibus perſecuti ſunt, ne cruciantur videndo vulnera ſua, quae ab iis per totum corpus acceperunt. Sed cum iterum Donatiſtae perſecutiones quas patiuntue exaggerantes, ſuorum quaſdam m…tes cōmemorarent in oppido Bagaienſi, reſponſum eſt a Catholicis, eos hoc paſſos eſſe, dum eorum violentiae reſiſteretur, quam & judici inferre conati ſunt; in illo oppido commemoraverunt Catholici ab eis horrenda eſſe commiſſa, ita ut etiam baſilica eſſet incenſa, & in ignem miſſi codices ſancti, &c. And xxTom. 7. pars 1. p. 742.Contra Donatiſtas poſt Collationem c. 17. He proceeds thus: Quanta mala nostris fecerint furioſiſſimi Clerici & Circumcelliones partis Donati, noſtis & vos: Incenſae ſunt Eccleſiae, miſſi in flammas codices ſancti, incenſae etiam perivatae domus, rapti homines de ſedibus ſuis, & omnibus quae ablatis aut perditis, ipſi etiam inerant lianati & ex…aecati. Nec ab homicidio potuit temperari, quamvis ſit mitius huic luci mori, quam iſtam lucem auferre viventi: Nec tamen noſtros ideo juſtificamus quia talia perpeſſi ſunt, ſed quia pro Chriſtiana veritate, pro Chriſti pace, pro Eccleſiae veritate perpeſſi ſunt. Illi autem ſub …am multis, ſub tam ſeveris legibus, & ſub tanta Eccleſiae Catholicae, quam Dominus ei tribuit poteſtate, quid tale patiuntur? Si quando enim morte mulctantur, aut ipſi ſe occidunt, aut eorum cruentae violentiae dum reſiſtitur occiduntur, non pro communione partis Donati, nec pro errore ſacrilegi ſciſmatis, ſed pro apertiſſimis facinoribus ſuis, & ſceleribus ſuis, quae more latronum ruentes furorè & crudelitate committunt. Pro parte autem Donati vix aliquid tale patiuntur, quale Caecilianum Do…ato inſtan…è paſſum eſſe dixerunt: Aut ergo perſecutio non omnis inju…ta eſt, aut non eſt perſecutio dicenda cum juſta eſt; qua propter au perſecutionem purs Donati patitur juſtam, aut perſecutionem non patitur, quia patitur juſtè: Non autem juſtè peſſus eſt Caecilianus, quia innocens probatus & abſolutus eſt; quod quidem illi negaverunt, & potius ab Imperatore damnatum eſſe dixerunt, & ideo majores ſuos maximeque Donatum, à ſe tanta praedicatione laudatum, Caeciliano perſecutionem feciſſe confeſſi ſunt: Illum autem convictum atque damnatum probare minimè poterunt, imo etiam, quod nos dicebamus eum eſſe abſolutum atque ſurgatum, ipſi quoque multa contra ſeipſos legendo firmarunt, & tamen liberum arbitrium ſibi ab Imperatore conceſſum eſſe jactant: Victi itaque & confuſi, id ſibi etiam p. 130nunc flagitabant debere concedi, quod Majores eorum Caeciliano non concedebant, quem fic apud Imperatorem accuſarunt, quem illis accuſationibus ab Imperatore damnatum iſti eti… mentiri voluerunt. Si voluntas libera unicui que tribuenda eſt, Caeciliano prius tribuere ur, ſi haec non homini judici permittēda ſed Deo potius dimitttenda ſunt, Caecilianus prius apud Imperatorem non accuſaretur. And Tom. 7. pars 1 p 328 329 330.Contra Creſconium Grā. l. 3. c. 42, 43, 44. Deinde cōmemorans etiam neſcio quos mortuos, quos a noſtris dicis occiſos, tanquam in campo facundiae ſepoſitus latiſſimè exaggerans locum in quo vobis videmus ſimiles Martyrum, cum quotidie veſtrorum incredibilia patiamur facta clericorum & Circumcellionum, multò pejora quam quorumlibet latronum atque praedonum: Namque borrendis armati cujuſque generis telis, terribiliter vagando, non dico Eccleſiaſticam, ſed ipſam humanam quietem pacemque perturbant, nocturni aggreſſionibus clericorum catholicorum, invaſas domos nudas atque inanes derelinquunt; ipſos etiam raptos & fuſtibus tuſos, ferroque conciſos, ſemivivos objiciunt: Inſuper novo & antehac inaudito ſceleris genere, oculis eorum calcem aceto permixto infundentes & infercientes quos evellere compendio poterunt, excruciare amplius eligunt, quam citius excaecare: Nam primo tantum calce ad hoc facinus utebantus, ſed poſtea quum illos quibus hoc fecerant, cito ſalutem reparaſſe dedicerant, acetum addiderunt.

Omitto ante quanta commiſſerunt, quibus eaſdem leges adverſus errorem veſtrum conſtitui coëgerunt, magis Chriſtiana manſuetudine temperatas, quàm in tam magna ſcelera congruo vigore exertas: Epiſcopus Catholicus a Thuburſuccubure Servus nomine, e cum invaſum à veſtris locum repeterit, & utriuſque partis procuratores proconſulare praeſtolarentur examen, repente ſibi in oppido memorato veſtris armatis irruentibus vix vivus aufugit. A quibus pater ejus Presbyter, aetate & moribus gravis, ea caede qua vehementur afflictus eſt, poſt dies paucos exceſſit è vita. Maximinianus Epiſcopus Catholicus, Bagaienſis, dicta inter partes judiciaria ſententia, baſilicam fundi Calmanenſis evicerat, quam veſtri illicitè aliquando uſurpaverant: Hanc cum jure perſpicuo retineret, in ea ipſa ſub altari quo confugerat, eodem ſupra ſe fracto, ejuſque lignis aliiſque fuſtibus, ferro etiam crudeliter caeſus, totum illum locum ſanguine opplevit: Acceperat autem & grande vulnus in inguine, unde cruore largius effluents, continuo moreretur, niſi major eorum crudelitas per occultam Dei miſericordiam profuiſſet: Nam cum membris ex ea parte nudatis ſemivivus inſuper pronuſque traheretue, exundantes venas latentur pulvis obſtruxit. Inde noſtrorum maenibus cum ferretur, rurſus illis irruentibus violenter extortus eſt, graviuſque mulctatus, & de excelſa turri noctu praecipitatus, ſubter cinerem ſtercoris molli…èr jacebat, ipo… ſenſum amiſſum, vix extremum ſpiritum tenens: Ibi enim tranſ…ens quidam pauper invenit, cum ventris exonerandi cauſa ad eum divertiſſet locum. Agnovit autem, tum pavidus, ſuam conjugem accerſit, quam procul verecundia dimoverat lucernam ferentem: Tunc eum ambo perexerunt domum, vel miſerando, vel aliquid etiam lucelli ſuperando, cum ſive vivis, ſive mortuus, collectus tamen noſtris oſtenderetur. Quid …ura? Mirabili curatione ſanatus eſt, vivit, plures in ejus corpore cicatrices quàm membra numerantur. Hunc ad tranſmarinas terras occi…um a vestris fama nunciaverat, & ejus facinoris immanitas, gravifque indignitas, quaqua verſum audiri potuit, dolore horrendo cuncta commoverat: Quo poſteaquam ipſe ſecutus eſt, recentiſſimae cicatrices ejus famae illu… mandaic… defenderunt: nam quem tui inſpicientes vix crederent vivum, non temere illa jactuſſe videbatur occiſum: Hic cum illic inveniſſet collegam p. 131Thuburſuccenſem, quem paulo ante commemoravi, & alios nonnullos ſimilia vel non multo inferiora perpeſſos, nec eis ad propria revertendi ulla facultas patere videretur, & quia Cirumcellionum vestrorum furor nobis horrendum praebens vestris clericis ſatellitium uſquequaque odioſiſſimè innotuit, ingens in vos conflagravit invidia, atque inde factum eſt, ut & praeteritae omnes contra vos leges excitarentur, & istae conderentur novae: Quarum tamen univerſarum ſeveritas, ſi vestrorum inordinate ac ſine ulla lege graſſanti ſaevitiae compararetur, mira lenitas appellanda eſt. His enim magis tanta potestate accepta manſuetudo catholica commendatur, quam haeretica immunitas plectitur: imò vero in nos, caedes, rapinas, incendia, caecitates, excogitando, minando, excercendo, audacius & inſanius debacchatur: Haec enim ego commemorare volui, per quae factum eſt, ut his nostris temporibus adverſus vos ita imperialia ſtatuta ferrentur, imo adverſus errorem veſtrum. Nam quid jam ſi ſapiatis poteſt eſſe probabilius? Caeterum omnia quae vel anteriorum literis didici, vel ipſe cognovi, ſaeve facta vestrorum, quibus ab initio diviſionis vectrae vſque ad hoc tempus Eceleſiam catholicam perſecuti ſunt, ſi velim retexere, quae lingua, quis ſtilus, quantum tempus ociumque ſufficiat?

This was then, and ever ſince hath been the turbulent carriage of feditious Sectaries againſt orthodox Chriſtians, who yet cry out for Liberty of Conſcience, and complaine of perſecution; as you may read more largely in the 48, 50, 159, to 173. Epiſtles of Augustine.

Theſe paſſages of this moſt judicious Father, in defence of the Magiſtrates coercive power and puniſhments, in caſe of obſtinate Hereſie and Schiſme, punctuall to the point in queſtion, will overballance all Maſter Dels extravagant Authorities quoted to the contrary, and diſcover whence he and his Saints derived all their Objections and practiſes againſt it, almoſt verbatim, even from the ſchiſmaticall Donatiſts.

But yet to requite Maſter Dell, and ſhew his Jeſuiticall jugling, as well in perverting Authors as Scriptures, pointblank againſt their meaning: I ſhall annex ſome further teſtimonies to Saint Augustines. Not to mention any other paſſages of his, and other Ancients, collected together by Gratian, Cauſ. 23. qu. 1, 4, 5. where you may at large peruſe them for your ſatisfaction: I ſhall begin with Melancton himſelfe, the firſt Author Maſter Dell quotes for him, who writes thus, point-blank againſt him, in his Loci Communes, (dedicated to our King HENRY the VIII.) Printed Anno 1536. De Magistratibus Civilibus, & Dignitate rerum Politicarum; where thus he writes againſt the Anabaptiſts, and Maſter Del's fanatick Saints.

Plurimum prodeſt in Eccleſia, extare veram & firmam doctrinam de Magiſtratibus, & dignitate rerum civilium: Saepe enim exorti ſunt Fanatici ſpiritus, qui negarunt Chriſtianis licere Magiſtratus gerere, exercere judicia, tenere imperia, denique interdixerunt Chriſtianis omnia officia civilis vitae, rerum dominia, contractus damnaverunt & leges politicas, quibus nunc Reſpublica utitur: Et haec delyramenta non ſolum pepererunt ſeditiones, ſed etiam obſcuraverunt Evangelium, offuderunt enim caliginem animis, quaſi Christiana justitia ac vita ſit externa, ac nova quaedam Barbarica politia, diſſimilis aliis politiis humaniter conſtitutis; Ita confuderunt diſc imen vitae ſpiritualis p. 132& politicae. Adverſus hujusmodi errores muniendi ſunt animi, & vera doctrina de diſcrimine ſpiritualis & politicae vitae tenenda, & dignitas rerum politicarum illuſtranda eſt: Id prodeſt ad pietatem & ad publicam tranquilitatem, &c. Celſus, Julianus & plerique alii criminantur Evangelium, quod cum prohibeat vindictam, diſſipat Reſpub. tollat jura belli, judicia, poenas, confirmat latrocinia, concedat licentiam & impunitatem omnium ſcelerum. Et hac criminatione mirum in modum deformarunt Evangelium: Tenere igitur Chriſtianos oportet, quid de dignitate civilium rerum ſentiendum ſit, & & ut liberent Evangelium hac… injuſtiſſima & venenatiſſima calumnia, & ut ſuas conſcientias de Officiis civilibus recte inſtituant: Chriſtianis licet Magiſtratus & imperia tenere, judicia exercere, poenas constituere juxta praeſentes leges & mores: Magistratum custodem eſſe, non ſolum ſecundae tabulae, ſed etiam primae tabulae, quod attinet ad externam diſciplinam. Hoc eſt, ad Magiſtratum pertinet, non ſolum cura tuendae tranquilitatis civium, ſeu depellendi injurias, corporum & fortunarum, ſed etiam diſciplinae in Religione retinendae: Etſi enim poenae corporales non efficiunt in animis pietatem, tamen Magistratus Nota.prohibere debet diſciplinae cauſa externas Contumelias Religionis, manifestam Idololatriam, Blaſphemias, impia dogmata, perjuria; ſicut vidimus IN OMNIBƲS REBƲSPƲBLICIS mediocriter conſtitutis, ſeveris exemplis punitas eſſe violationes Religionum & perjuria. Et probat hanc ſententiam ipſe decalogus: zzExod. 10.Exod 10Non vanè uſurpabis nomen Dei; & David inquit, aaPſal. 2.Ps 2Et nunc Reges intelligite, erudimini qui judicatis terram, ſervite Domino, &c. Prov. 25. Aufer impietatem de vultu Regis, & firmabitur juſtitia thronus ejus: 1 Regum 2. Glorificantes me Glorificabo, & contemnentes me, reddam contemptos. Et ne ſumam ab Iſraelitico Rege exemplum, Nabogdonozor & Darius Medus apud Danielem, proponunt edicta, in quibus vetant dici blaſphemiam contrab …an. 3. Deum populi Iſrael. Poſtren…ò Paulus inquit, … Tim. 2.Lex eſt pofita impiis, prophanis; hoc eſt, Ʋt coerceat homines, ne facta impia ac ſacrilega deſignent: Cum autem Magiſtratus ſit cuſtos legis ac diſciplinae, profecto maximè hanc partem tueri debet, de externa reverentia erga Deum, quod haec pars maximè ad diſciplinam pe…tinet, ſicut conſtat omnium gentium legibus puniri perjuria. Deinde hoc conſideret ſapiens Magiſtratus, unum hunc principalem finem eſſe, quare ad ſocietatem conditi ſunt homines, ut videlicet innoteſcat Deus ac glorificetur: Homo eum ideo conditus eſt, ut in eo illuceſcat Deus, ut eum patefiat; neceſſaria igitur fuit ſocietas, in qua alii docerent alios de Deo. Conſtat autem Magiſtratum cuſtodem eſſe humani ſocietatis: debet igitur fiuem ſocietatis praecipuum etiam …eri: Et ſi vere volumus judicare hujus Pulcherrimi operis inter homines antiſtes, & foreign eſſe debet, ut optima diſcipline homines ad Religionem aſſuefiant, ut Deus glorificetur. Hic finis precipuè ſapienti Gubernatori Reſpu… ▪ propoſi us eſſe debet: Ita ve…è erunt beatae Reſpu…. Deus enim vi…iſſim defendet eas, omnibus bonis cumulabit, ſicut dixit. Glorificantes me Glorificabo; DEBENT IGITUR MAGISTRATUS prohibere impios. cultus, & impiorum Dogmatum profeſſionem, DEBENT PUNIRE HAERETICOS: Sed viderint ut rectè judicent, nec fiant Miniſtri alienae erndelitatis aut impiotatis: Pertinet autem cognitio doctrinae ad Eccleſiam, hoc p. 133eſt ad pios & rectè doctos: Eſtque Eccleſiae membrum ipſe etiam Magiſtratus, quem decet ſuis oculis maximè videre. In hanc ſententiam extant vetuſti Canones de Synodis & de cognitione doctrinae. Deus ornat Reges honore nominis ſui. Ego dixi dii eſtis; Videlicet, Ʋt ſciant ſui officii eſſe, vt res divinas intelligant, & conſervant in mundo Religionem, Juſtitiam, Pacem, Diſciplinam.

By this it is moſt evident, that Melancton is point-blank againſt that opinion for which Maſter Dell hath quoted him; and for the Magiſtrates reſtraining, puniſhing Hereticks and all falſe worſhip.

Maſter Dels next quotation (in reſpect of Antiquity) is Luther; That Hereticks are not to be burned; but cites not the place. Indeed Luther being newly come out of Popery, and beholding their cruelty, in burning godly orthodox Chriſtians, under the name of Hereticks, profeſſeth his opinion to be againſt making any Law to put Hereticks to death, for feare it ſhould be wreſted againſt thoſe that were no Hereticks, to their prejudice: But yet he would have Hereticks baniſhed: his words are theſe, in anſwer to this queſtion. ddLutheri Epiſt. Tom. 2 Epiſt. p. 381.An liceat Magistratui occidere Pſeudoprophetas? Ego ad judicium ſanguinis TARDUS SUM, Ʋbi etiam MERITUM abundat; cum in hac tauſa terret me exempliſequela quam in Papistis, & Antichristis, & in Judaeis videmus; ubi cum ſtatutum ſuiſſet Pſeudoprophetas & Judaeos occidi, ſucceſſu temporis factum eſt, ut non niſi ſancti prophetae & innocentes truciderentur, authoritate ejus ſtatuti: quo impii Magistratus freti, Pſeudoprophetas & Haereticos fecerunt quoſque voluerint. Idem ſecuturum eſſe timeo & apud noctros, ſi ſemel uno exemplo probari potuit, ſeductores eſſe occidendos, cum adhuc apud Papistas videamus hujus ſta…nti innocentem ſanguinem fundi pro nocente: Quare nullo modo poſſum admittere falſos doctores occidi, SATIS EST EOS RELEGARI, qua poena ſi posteri abu…i volunt, mitius tamen peccabunt, & fibi tantum nocebunt. From which words it is evident: Firſt, that Luther doth not ſimply condemne the putting of Hereticks to death, as unlawfull in it ſelf, but admits it lawfull, and that they may deſerve it: Secondly, That he ſpeaks here onelyonly of making a Law to put falſe Teachers and Seducers to death in that Age, which he would by no meanes then admit of; not becauſe it was unlawfull, but onelyonly inconvenient at that time, becauſe it was likely to be abuſed to the ſhedding of innocent blood: Thirdly, that he held it then ſufficient and lawfull too, for the Magiſtrates to baniſh Seducers and falſe Teachers, though they did not put them actually to death, and by conſequence held it lawfull, to impriſon and fine them too, which is leſſe then baniſhment: yea, him ſelfe writ to eeSl…idan l. 5. Maſter Bailies Anabaptiſm. p. 5.Methuſum very earneſtly, that they ſhould not receive the Anabaptiſts into their City, but expell them: ſo that Luther is point blank againſt Maſter Dell in that for which he cites him; and for the Magiſtrates ſuppreſſing, baniſhing Hereticks, Schiſmaticks and Seducers.

I ſhall onelyonly adde one paſſage more out of Luther (point-blank againſt Maſter Dels opinion and quotation) * Postil. Dominica 5. poſt Epiphaniam, ffSee Beza De Haereticis a Magiſtratu puniendis, Operum vol. 1. p. 148. where part of theſe words are cited..44. where interpreting the Parable of the Tares, he reſolves, That the Maſters bidding the ſervants, let them alone till the Harveſt, doth neither inhibit nor reſtraine Church-Officers or the Civill Magiſtrate from reſtraining, and puniſhing of p. 134Hereticks and other Malefactors with Eccleſiaſtical and temporall puniſhments; concluding thence in theſe words: Reliquae deindè ſunt ſcandalorum cohertiones poenes Magiſtratum, familiarum Patres, morum & diſciplinae Magiſtros: Hic adeò nulla phohibitio in ſuis officiis per hoc Chriſti praeceptum ſtatuitur, ut ſunt haec omnia cum acerimis & ſanctiſſimis mandatis à Deo ſancita. Cuſtodit Magiſtratus non ſolum ſecundam, verùm OMNIUM MAXIME PRIMAM TABULAM: Idololatrias, Blaſphemias, Execrationes, Perjuria, ULCISCITUR. Oblatas HAERETICAS,Nota. & in verum Deum contumelioſas, atque alias eas BLASPHEMIAS DOCENTES, COERCET. Praefractiores atque in errore pertexendo contumaciores, & cum certiſſimo plurimum EXITIO, pro malificiis PUNIENDOS SUSCIPIT. Nequè cum boc facit Zizania evellere intelligitur, quia cum ſuo officio in eo regno non verſatür, ubi interdictum de evellendis Zizaniis poſitum eſt: Non igitur Magiſtratus, & hujus generis vitae corporalis Officiales, quùm ſe ſcandalis perturbantibus tranquilitatem, ſevera vindicatione obviam eunt, Zizania contra Chriſti mentem evellunt, ſed id praeſtant pro parte ſua, ut verum Triticum in Eccleſia à Zizaniis non prorſus opprimatur, & Regnum Dei in terris non penitus exoleſcat.

Maſter Dell therefore might in wiſdome have forborne his extravagant quotation of Luther (whoſe Works I preſume he never read) which he tels us not where we may find among his numerous Volumes, as he ſhould have done.

His next quotation is a ſaying of Auguſtine out of Polanus; but Auguſtine is moſt expreſſe againſt him, not onelyonly in his forecited paſſages againſt Petilian and the Donatiſts, but in many others muſtred up by Gratian, Cauſa 23. queſt. 4, & 5. where you may read them at large; to which I ſhall adde this ſentence in his 166. Epiſtle; where thus he writes: To whom is it ſaid, Serve the Lord with feare? &c. is it not to Kings? But how doe Kings ſerve the Lord with feare, unleſſe it be by a religious ſeverity, in prohibiting thoſe things which are done againſt the Lords commands? For every one of them ſerves him after one manner as be is a man, after another manner as he is a King: For as he is a man, he ſerves him in living faithfully; but as he is a King, he ſerves him in preſcribing Lawes, commanding juſt things, and prohibiting the contrary, CONVENIENTI RIGORE SANCIENDO, with convenient rigor and puniſhments; like as Hezekiah ſerved him in deſtroying Idols, Groves and high Places: And as Joſiah ſerved him. And he addes this as a Reaſon elſwhere; ff…nerrat. in Pſal. 44.Ps 44Rex a Regendo dicitur, non autem regat QUI NON CORRIGIT: If Kings then be Kings of Hereticks, Schiſmaticks, Seducers, Blaſphemers, Idolaters or Apoſtates, as well as of other Subjects, they muſt not onelyonly governe, but correct and puniſh them too, by enacting ſevere Lawes againſt them, and ſeeing them put in execution; as this Father informes us, That the devout and orthodox ggCont Epiſt. Parmenian, lib. 1. Tom. 7. pars 1. p. 20. 10 26.Roman Emperours, not onelyonly made ſevere Lawes againſt the Donatiſts and other Hereticks and Schiſmaticks, but likewiſe appointed hhAuguſt. cont Prim. Gaudentii Epiſt. lib. 1. cap. 1. p. 410.Dulcitius, an eminent Colonel and Notary, to take ſpeciall care to ſee them executed. Unhappy Maſter Dell to quote ſuch a Father out of Polanus, who is ſo pointblank againſt him, and refutes his p. 135whole Sermon in his Books againſt the Epiſtles of Parmenianus and Petilian the Donatiſt, Contra Creſconium Gram. & Epiſt. 48, 50, as thoſe who will take paines to peruſe them may diſcover. I wiſh this learned Gentleman hereafter to peruſe and read Authors well, before he quotes them, and not to take them upon truſt, with ſuch diſadvantage to his cauſe and reputation too.

His other Authority out of Maſter Tyndal, is nothing to purpoſe, who ſpeaks not one word againſt Kings, Emperours or Chriſtian Magiſtrates ſuppreſſing or puniſhing Hereticks, and reforming the Church by outward power; but writes expreſly for it, at large, in his Books Intituled, THE OBEDIENCE OF A CHRISTIAN MAN, and THE PRACTICE OF POPISH PRELATES, where he aſſerts; That Kings and Magiſtrates are in the room of God; that their Lawes are Gods Lawes, and that they are to puniſh all evill doers, and any ſinne that ſhall break out; and though he blameth them for being the Popes and Biſhops Hangmen in his dayes, to kill whomſoever they condemned without more adoe, vponupon their bare commandement, without any due examination of the cauſe: Yet if upon their owne examination they ſhall find them to be Heretecks or falſe Teachers, he then admits, They may juſtly puniſh and put them to death without any danger; exciting both Emperours and kings to reforme the Church, and to ſhake off the Yoake both of the Pope and Prelates, together with their Canons, Superſtitions and falſe Doctrines: So that this holy Martyr oppugnes Maſter Dels opinion for which he quotes him, and ſpeaks only of forcing Infidels by the Sword of war, without inſtruction, to embrace the Chriſtian Faith.

His laſt Authority is Ʋlricus Ab Hutten, but where his words are recorded he makes no mention, neither are they pertinent, being ſpoken to a Councell of Priests (as he confeſſeth) not to Chriſtian Magiſtrates; which yet he foiſteth into his Engliſh tranſlation of his words, not being in the Latin: Surely as this foiſting is unſufferable, ſo I muſt acquaint Maſter Dell, that this quotation was very unhappy and fatall to his cauſe, ſince this very Author hath written a Book, DE SCHISMATE EXTINGUENDO, wherein he refutes that very opinion he would faſten on him.

And thus I have given you a briefe account of Maſter Dels great skill and learning in miſtaking, miſ-citing, perverting every Author which he cites, whoſe opinions are all pointblank againſt him, aſſerting the Magiſtrates legiſlative, coercive and punitative power, in caſe of Hereſie, Schiſme, Seduction, Blaſphemy, and all kind of open ſinne againſt God, or the Churches peace, as well as againſt men; ſo as I beleeve his owne words [I iiPag. 21. In the Margin.have ACCIDENTALL… MET WITH THEM] to be true, itimating he never read the Authors themſelves; and I hope I have ſubſtantially retorted them to his ſhame. He addes there, That the Truth (he meanes the Anti-magiſtraticall, Anabaptiſticall errors he maintaines, againſt the Magiſtrates coercive power) hath but a few Followers; which implies, that what I aſſert hath Many: And indeed it hath ſo, as many as p. 136would overſwell this Treatiſe; I ſhall therefore give you onelyonly a touch of ſome.

Not to mention all the godly Emperours, Kings, Princes, Republicks Lawes and Proceedings, forecited to this purpoſe, recorded, approved by all Eccleſiaſticall Hiſtories, Divines, Ancient and Moderne, as Euſebius, Socrates Scholaſticus, Theodoret, Sozomen, Ruffinus, Caſſiodor, Evagrius, Nicephorus Calliſtus, the Century Writers, Auguſtine, Epiſt. 48, 50. and Contr. Lit Petiliani, lib. 2. Peter Martyr, Aretius, Paraeus, Beza, and others: Nor yet to remember the ſayings of Hierom, Ambroſe, and other Ancients, to this purpoſe, collected by Gratian, Gauſa 23. qu. 4, 5. where you may peruſe them at large, nor of Julius Firmicus Maternus, or Chryſostome in Rom. 13. nor the ſaying of Amphilochus to the Emperour Theodoſius, recorded by Theodoret, Eccleſ. Hiſt. l. 5. c. 16. nor of Ambroſe to the Emperour Valentitian the ſecond, regiſtred by Theodoret, l. 5. c. 13. or that in his Epiſt. 12. & 33. and his Oratio ad Auxentium; nor Chryſostomes notable ſpeech to the Emperour Arcadius, recorded by Symeon Metaphraſtes, Ribadeniera, and others in his life, againſt the toleration, and for the ſuppreſſion of Hereticks, all pertinent to my purpoſe.

I ſhall give onelyonly a briefe account of ſome Fathers Opinions in this point to ſatisfie the learned Readers.

aaScorpia. adverſus Gnoſticos.Tertullian, who lived in the dayes of Perſecution, is of this opinion, That Hereticks ought to be forced and puniſhed: Ad Officium Haereticos COMPELLI, non illici dignum eſt; duritia, vincenda eſt, non ſuadenda, &c.

Saint bbDe Exhortatione Martyrum, c. 5.Cyprian, who was himſelfe a Martyr, writes thus▪ Sic Idololatriae indignatur Deus, ut praeceperit etiam eos interfici, qui ſacrificare & ſervire Idolis ſuaſerint, in Deut. 13. & iterum loquitur Dominus & dicit, nec Civitati parcendum etiam ſi univerſa conſenſerit ad Idololatriam: Cujus praecepti, & rigoris memor ccMath. 2.Matt 2Mathathias enterfecit eum, qui ad aram ſacrificaturus acceſſerat: Quod ſi ante adventum Christi circa Deum colendum & idola ſpernenda, haec praecepta ſervata ſunt, QUANTO MAGIS poſt adventum Christi ſervanda ſunt, &c. Et cum ille paſſus ſit pro alienis peccatis, muliò magis pro peccatis ſuis pati unumquemque debere? From which place Jacobus Pamelius in his Annotations on this Chapter, Annot. 27. and Bellarmin de Laicis, l. 3. c. 21. inferre the lawfulneſſe of putting, not onelyonly Idolaters, but Hereticks alſo to death, under the Goſpel; and good reaſon for it, if we beleeve ddComment. in Cant. lib. Deu. Tom. 3. p. 112Rhabanus Maurus, for, Haeretici quot erroribus, tot Idolis ſunt obnoxii.

eeContr. Haer. lib. 8. Tom. 1. Haer. 66.Epiphanius, ffCatech. Myſt. ag…g.Cyrill of Hieruſalem, and ggNiceph. Eccleſ. Hiſt. l. 6. c. 31, 32.Others, record and approve the puniſhment of Manes the Heretick, who had his skin flead off from his body, and then was caſt unto and devoured of Dogs.

Saint hhApologia adverſ. Ruſſinum c. ….Jerom records and approves the edicts of the Chriſtian Emperour: Quae de Alexandria & Aegypto Origeniſtas pelli jubent: and againſt Priſcillian the Heretick: Qui & SECULI GLADIO, & totius Orbis i Adverſus Pelagianos ad …ſiph…ntem, c 2.Auctoritate DAMNATUS EST: And in his Commentary on Galat. 5. I would they were cut off that trouble you; he writes thus: Certè nullam puto inveteri Lege iam trucem, tam cruentam in aliquos eſſe ſententiam, quàm utinam abſcindantur p. 137qui vos perturbant. Si putant ſibi hoc prodeſſe, non ſolum circumcidentur, ſed etiam abſcindantur; ſi enim expoliatio membri proficit, multò magis ablatio, (with whom Primaſius and Claudius Altiſiodorenſis concurre in terminis, in cap. 5. Epiſt. ad Galat.

iiBrevis Ennarrat. in Matth. c. 13. Tom. 2. col. 1217, 1218. Hom. 47. in M…t. col. 344, 345 & Sixtus Senenſis Bibl. Sanct. l. 6. Annot. 60.Matt 13Saint Chryſostome, though he ſeems unwilling to have all Hereticks ſlain and put to death, Si enim morte plectarentur Haeretici, atrox profectô & irreconciliabile bellum univerſo terrarum Orbi eſſet inſerendum: their multitude being then ſo great, diſperſed over the whole world; yet he addes even from the Parable of the Tares it ſelfe: Non autem prohibet Dominus, quo minus impudentem Haereticorum audaciam SUFFRENEMUS SIMUL ET RESTRINGAMUS; verum ne vita prorſus exigamus: And in his 47. Homily on Matthew, he addes; Non prohibet autem Conciliabula Haereticorum DISSIPARE, ora obstuere, libertatem loquendi concidere, verum interficere & trucidare: With whom Euthymius accords, both of them agreeing, That where Hereticks, who are Tares, cannot be plucked up without danger to the Wheat, and orthodox Chriſtians, there they are not to be put to death; but when and where there is no ſuch danger, they may be executed even be death.

kkRetract. l. 2. c. 5. Epiſt. 48, 50, 156, to 173 Contr. Li. Petiliani, l. 2. Contr. Creſconium Gram. l. 2. c. 3.This was Saint Augustines opinion at firſt, That Hereticks were not to be puniſhed by the Secular Magiſtrate, nor put to death: which upon conſideration he afterwards retracted, aſſerting at laſt, Both the utility and neceſſity of the Magiſtrates Coercive power, and juſtifying the Emperours Lawes and procéedings againſt them, even unto death it ſelfe; though to avoid the cenſure of cruelty, he ſometimes intercedes for the ſparing of the lives even of thoſe Hereticall Donatiſts, who had murdered ſome Orthodox Miniſters and Chriſtians, out of a miſguided Zeale, and offered violence to their perſons, houſes, goods, and moſt juſtly deſerved to be puniſhed with death, as he acknowledgeth. This opinion of his, even for the capitall puniſhing of Hereticks, you may read at large in his lib. 1. contr. Epiſt. Parmeniani, cap. 7. & Tract. 11. in Joan. where he thus writes: Mirantur quia commoventur potestates Christiane adverſus detestandos diſſipatores Eccleſiae: Si non ergo moverentur, & quomodo redderent rationem de imperio ſuo, &c. Videtis qualia faciunt, & qualia patiuntur; occidunt animas, affliguntur in corpore, ſempeter las mortes faciunt, ET TEMPORALES SE PERPETI QƲERƲNTƲR, &c.

Cyrill, Archbiſhop of Alexandria, in his llOperum, Tom. 2. p. 24.20. Epiſtle determines thus concerning the Hereſie and Blaſphemy of the Heretick Nestorius, to whom he held it very dangerous to indulge a Pardon: Si enim qui vel unam contra Religioſiſſimos & Christi aman…i…ſimos Reges nostros blaſphemam auſus fuerit emittere vocem, meritò quam leges praeſcribunt patitur indignationem, NON MAGIS IMPIƲS ILLE EAM PATIETƲR, qui ſacrum nostrum mysterium univerſum ſubvertit, & Diſpenſationem è medio tollit, quam ſanctus & benignus Dei Patris unigenitus Filius homo fieri dignatus, nostri gratia adimplevit, ut nos omnes ſervaret, & Ʋniverſum Orbem qui ſub Calo eſt, & a peccatis, & morte liberaret.

mmDe Vita Conſtantini, l. 3. c. 61, 62, 63 64.Euſebius highly commends and approves the Edict of Constantine the p. 138For ſappreſſing and puniſhing Hereticks, relating the good effects thereof. Theodoret, Eccle. Hiſt. lib. 5. c. 2, 3. l. 1. c. 10. Evagriu…, Eccleſ. Hiſt. l. 4. c. 11. Ruſſinu…, Eccleſ. Hiſt. l. 1. c. 1…. Sozomenus, Eccleſ. Hiſt. l. 3. c. 17. l. 7. c. 6, 24. Nicophorus, Eccleſ. Hiſt. l. 8. c. 18. l. 11. c. 30. l. 12. c. 15. l. 13. c. 17. Socrates Scholacticus, Eccleſ. Hiſt. l. 5. c. 7. & Caſſiodor, in his Tripartita Hiſt. l. 1. c. 7. l. 2. c. 20. l. 4. c. 13, 18, 21, 26, 31, 32, 33. l. 7. c. 4, 9. l. 9. c. 2, 4, 10, 19, 21, 27, 28, 30, 33, 36. l. 10. c. 27. l. 11. c. 3. 17. Record and commend the Lawes and Procéedings of Chriſtian Emperours, both againſt Hereticks, Pagans, and Schiſmaticks, as well for their puniſhment, as ſuppreſſion.

Epiſt. 93. ſee Hierom. Contt Pelagianos, c 2.Leo the firſt, writes thus of the Priſcillianiſts and their Hereſie: Meritò Tatres nostri, ſub quorum temporibus haereſis haec n…ſanda prorupit, per totum mundum instan…er egere, ut impius furor ab Ʋniverſa Eccleſia pelleretur: Quandò etiam mundi Princepes i…a hanc ſacrilegam amentiam detestati ſunt, ut Authorem ejus ac plero que diſcipulos LEGƲM PƲBLICARƲM **Priſcillian himſelf being put to death by the Emperour Maximus, H…erom de Vi… IlluſtribusENSE PRO STERNERENT: Videbant enim omnem curam honeſtatis auferri, ſimulque divinum jus humanumque ſubverti, ſi hujuſmodi hominibus ƲS QƲAM VIVERECƲM TALI PROFESSIONE LICƲISSET. Et profuit diù iſta diſtrictio Eccleſiae Lenitati; quae etſi ſacerdotali contenta judicio, cruentas refugit ultiones, ſeveris tamen Chriſtianorum Principum conſtitutionibus adjuvatur; dum ad ſpirituale nonnunquam recurrant remedium, qui timent corporale ſupplicium: Ex quo autem multas provincias hoſtilis occupavit irruptio, & executionem legum tempeſtates interdixere bellorum, ex quo inter ſacerdotes Dei difficiles commeatus, & rari caeperunt eſſe conventus, invenit ob publicam perturbationem ſecreta perfidia libertatem, & ad multarum mentium ſubverſionem his malis eſt incitata, quibus debuit eſſe correcta; (our preſent deplorable condition:) And Epiſt. 7. He commends Theodoſius the Emperour, for his moſt pious care of Chriſtian Religion; Ne ſcilicet in populo Dei aut Schiſmata, aut Haereſes, aut ulla ſcandala convaleſcant.

S…rius Concil. Tom. 2. Pamelius Au not. pg. in Epiſt. …. Cypriani.D…oſcorus, Archbiſhop of Alexandria (though accuſed and convicted of Hereſie, and deprived for it) in the great general Council of Calcedon, Act. 1. cried out, FLAMMIS DIGNOS HAERETCOS, That Hereticks were worthy to be burned. Non ſolum poenis dignus eſt Eutiches, ſed IGNE.

Optatus Milivetanus, lib. 3. contr. Parmenianum; compares the deed of one Macarius, who had SLAINE AND PUT TO DEATH Maradus and Donatus two Donatiſts, to the deeds of Moſes, Phyneas and Elijah, In ſlaying Idolaters and Idolatrous falſe Prophets; juſtifying this Action of his.

Athanaſius, Epiſt. ad Orthodoxos, determines thus, Si Acatius, Ludoxius, Patrophilus, …u… talia Scribant, qui quaeſo non OMNI SƲPPLICIO DIGNIFƲERINT.

Joannes M…ius, Reſp. ad Homiſd. Papam, writes thus: Niſi Chriſtum Fi…ium Dei qui pro nobis paſſus eſt in carne unum eſſe, & ſancta & individua Trinitate ſuerit confeſſus Dioſcorus, PELAGO MANCIPETƲR.

Gregory the firſt, Epiſt. l. 1. Epiſt. 72, to Gennadius, and in other places, p. 139quoted by Gratian, Cauſa 23. qu. 3, 4. and Bernard, Sermo 66. Super Cantica, approve, The ſuppreſſing and puniſhing of Hereticks by the Sword of the Civill Magiſtrate, and by death it ſelfe, though Bernard diſlikes the Peoples tumultuous murdering of them in a malicious manner; which Juſtine Martyr in his Epiſtle Ad Zenam & Serenum; Ambroſe Epiſt. 27. Severus Sulpitius, ſacrae Hiſt. l. 2. & Ivo Carnotenſis Decret. pars 13. c 114. doe likewiſe cenſure; and Auguſtine juſtly blamed in the ſeditious Donatiſts and their Circumcellioes, in his forecited paſſages, & Epiſt. 48. Yea, this Gregory the firſt thanks Gennadius, for making warre upon obſtinate Hereticks, exhorting him to procéed therein.

Our owne venerable Beda, in Cantica Cant. l. 3. Tom. 4. Col. 748. on theſe words; Capite nobis vulpes puſillas, quae demoliantur vineas: determines, That all men ought in their ſeverall places to take and beat down Hereticks and Schiſmaticks: Ne fidem Eccleſiae, quam unam eſſe oporte…, eorum infeſtatio ſcinderet, atque in partes diſtraheret: And he addes, that he ſaith not capite vobis, ſed nobis vulpes puſillas, for this reaſon; Ʋt hinc magis OMNES qui poſſent, ad debellandam, ſive corrigendam Haereticorum nequitiam accenderet, quo eo ſibi in hoc agendo deſervire monſtraret, ſuamque eſſe vineam, qu…m defenderet ipſe, laborum piorum remuneratione oſtenderet. And Eccleſiaſticae Hiſt. Gentis Anglorum, l. 1. c. 21. He both records and approves the Baniſhment of the Pelagians out of this our Iſland for their Hereſie.

Iſiodor Hiſpalenſis (quoted by Gratian, Cauſa 23. qu. 5.) writes thus: Principes ſeculi nonnunquam intra Eccleſiam poteſtatis adeptae culmina tenent, ut per eandem poteſtatem Diſciplinam Eccleſiaſticam muniant; ut quod non praevalent ſacerdotes efficere per doctrinae ſermonem, poteſtas hoc imperet per diſciplinae terrorem. Saepe per Regnum terrenum coeleſte Regnum proficit; ut qui intra poſiti contra fidem & diſciplinam agunt, rigore Principum conterantur, ipſamque diſciplinam quam utilitas Eccleſiae exercere non praevalet, cervicibus ſuperborum & potestas Principalis imponat, &c.

I could adde many more ‖‖Ambroſe de Officiis, lib. 1. Epiſt 29.Authorities of the Ancients to this purpoſe, but theſe may ſuffice, and you may read more of them in Gratian, Cauſa 23.

If any object the Authority of Hilary, Contra Auxentium, who forcedObj…ct. 1. men with armed power to embrace his Arrian opinions, whereupon he thus checks him for it: Ac primum miſereri licet noſtrae Aetatis laborem & praeſentium temporum ſtultas opiniones congemiſcere, quibus patrocinari Deo humana creduntur, & ad …uendam Chriſti Eccleſiam, ambitione ſeculari laboratur. Ac nunc prob dolor divinam fidem fuffragia terrena c…mme…dant, inopſque virtutis ſuae Chriſtus, du… ambitu nomini ſuae conciliatur, arguitur: Terret exiliis & carceribus Eccleſia, credique ſibi cogit, quae exiliis & carceribus …redita eſt, &c.

I anſwer with ppDeſenſoris Pacis, pars 2. c. 9.Marſilius Patavinus, who objects it; that this was objectedA…wer. onelyonly againſt Auxentius the Arrian, as he was a Biſhop or Clergy man, to whom no coercive power, nor externall forcible Authority by the Sword, belonged; or againſt the Clergies own uſing of externall force; not p. 140againſt the Coercive and Penall power of Chriſtian Princes and Magiſtrates, to whom God hath given the Sword of Juſtice, to ſuppreſſe and puniſh Hereticks, as well as other Maleſactors. So as it makes nothing at all againſt my concluſion; and yeelds our Oppoſites (who never cite it) but this Nonſequitur. The S… C…ſ. Tri…pa…. Hiſt. …. c. 30. l. 8. c. … ▪ &c.Ar…ian Biſhops are juſtly blamed by Hilary for uſing externall force, violence, priſons, baniſhments, death, againſt the Orthodox Chriſtians, guilty of no Hereſie nor Schiſme; Therefore godly Emperours, Princes, Magiſtrates, are blame-worthy for impriſoning, reſtraining, or putting obſtinate dangerous Hereticks to death. All other Objections from the Fathers, will receive the ſelfe ſame Anſwer.

If any object in the ſecond place, the 56. Canon of the fourth Councill of Object. 2.Toledo, prohibiting the Enforcing of the Iewes to beléeve by externall violence, in theſe words; Surius Concil. Tom. 2, p. …4. Gratian Diſtinct. 45.De Judaeis autem praecepit ſancta Synodus, nomini deinceps ad credendum VIM INFERRI, … Carnoten…, Decretal, pars 13. c. 94. Rom. 9.Rom 9Cui enim vult Deus miſeretur & quem vult indurat. Non enim tales INVITI SALVANDI SƲNT, SED VO…ENLES, Ʋt integra ſit forma juſtitiae: Sicut enim homo …en ….propria arbitrii voluntate ſerpenti obediens periit, ſic vocante gratia Dei, propriae mentis converſione homo quiſque cred…ndo ſalvatur: Ʋt NON VI, ſed liberâ arbitrii voluntate & convertantur, … ƲADENDI SƲNT, NON IMPELLENDI. Qui autem jampridem ad Chriſtianitatem venire coacti ſunt, ſicut factum eſt temporibus Religioſ…imi Principis Siſubetis, quia jam conſtat …os Sacramentis divinis ſociatos, & Baptiſmi gratiam ſuſcepiſſe, chriſmate Ʋnctos eſſe, & corporis Dominici & Sanguinis extitiſſe participes, oportet, ut fidem etiam, …uam VI, VEL NECESSITATE SƲSCIPERƲNT, TENERE COGANTƲR, ne nomen Domini Blaſphemetur, & fides quam ſuſciperunt, vilis & contemptibilis habeatur.

I anſwer, firſt, that the forcing and compelling of profeſſed Jewes, who…. never embraced Chriſtianity, to beleeve and be baptized againſt their wils, is one thing; and the puniſhing of Hereticks, who have once embraced, profeſſed the Chriſtian Faith, and revolted from its ſincerity, another thing; therefore this Councils prohibiting the former, doth no wayes impeach the lawfulneſſe of the later: The one being an enforcement of an unbeleever; the other, a puniſhment of a wilfull misbeleever. Secondly, it is one thing to enforce Jewes to come to the outward Ordinances, and Meanes of converſion, that they may beleeve, or be converted by them; and another thing to enforce them to beleeve and be baptized before inſtruction or conviction: the firſt this Council condemnes not, but the later onelyonly. Thirdly, there is a difference between compelling Jewes by outward violence to be baptized, and profeſſe themſelves to be Chriſtians; and reſtraining of them by Lawes and puniſhments, not to exerciſe their Jewiſh Ceremonies, or vent their Blaſphemies in contempt of Chriſt, and Chriſtian Religion; the later whereof this very Council reſtraines, Can. 58, … 66. Fourthly, this very Canon informes us, that ſome Jewes were compelled to be baptized and embrace the Chriſtian Religion in the p. 141Reigne of their moſt Religious Prince King Syſubet; and thoſe having once embraced the Goſpel, and received the Sacraments, though by coertion, are by like coertion to be enforced to perſervere in this Profeſſion, by the determination of this very Canon: Therefore by the ſelfe ſame reaſon, Hereticks who have once embraced the orthodox Faith, and revolt from it unto damnable Hereſies, are by this Councels reſolution, even by outward force and puniſhments to be compelled to renounce their errours, and perſevere in the orthodox Faith they once embraced, profeſſed; or elſe they may be juſtly puniſhed by the civill Magiſtrate, leaſt Gods name ſhould be blaſphemed, &c. Which is ſo far from making againſt, that it is a direct determination for me, eſpecially if we conſider the many penall, coercive Lawes made againſt the Jewes in Spaine, about and ſoon after the time of this very Council, recorded at large by vvCodeae legum Antiquarum; Leges Wiſigothorum, l. 12. Tit. 2.Titus 2Fredericus Lindebrogus, where you may peruſe them. Fiftly, there is a wide difference between naturall borne Subjects, and meer Forraigners or Aliens who are no Subjects, but Sojourners in a Kingdome, as the Jewes were in Spaine: A Prince may compell the one being his Subjects, and living under his Laws, to ſuch things as he cannot in juſtice enforce the other. The King and State of England may compell all Engliſh, Scottiſh, Iriſh Subjects to repaire to our publick Aſſemblies, and to ſubmit to that Chuch-government which ſhall be eſtabliſhed by common conſent in Parliament; but they cannot enforce a Jew, a Turk or Spaniard, who ſojourne here as Factors, to make publick profeſſion of our Religion, and ſubmit to our Churchgovernment; though they may reſtrain their open Idolatry and blaſphemy. All which conſidered, there is nothing in this Canon, nor in any other ancient Council or Father that I have met with, which well underſtood, will any way contradict, but ratifie and confirme my Theſis; the contrary aſſertion being maintained onelyonly by the ſchiſmaticall, hereticall xxSee Joan: Malderus, de Virtutibus Theol. qu. 12. de Haereſi Artic. 3. mem. 1.Donatiſts, to uphold their faction in poynt of Theſis, though directly contradicted by their practiſe, as Auguſtine demonſttates, and Optatus too, who have largely refuted this their Anti-Magiſtraticall error in their forecited, and ſucceeding Paſſages.

For popiſh Authors, beſides the Canoniſts already cited, I could mention divers who aſſert and prove at large, That obstinate Hereticks and Blaſphemers ought to be ſuppreſſed, impriſoned, baniſhed, yea BURNT OR PUT TO DEATH by the Christian Magistrate. I ſhall give you a Catalogue of ſome few of them inſtead of many; as namely, Vincentius Spec. Moral. Par. 3. l. 3. Diſti. 31. De Haereſi. Gulielmus Peraldus, Summa Virtutum ac Vitiorum Tom. 1. De Juſtitia, c. 7. p. 181, to 185. where this is largely proved. Alexander Fabritius, Deſtructorium Vitiorum, pars 6. c. 4. & 39. Lucas Tudenſis, Adverſus Albigenſes, l. 3. c. 15, 16, 21, 22. who copiouſly aſſerts it. Reynerus, Contr. Waldenſes, c. 9, 10. Antoninus, Hiſtor. pars 3. Tit. 19. c. 1. ſect. 4. & Summae, pars 2. Tit. 12. c. 4. Joannis Ferus, in Matth. c. 13. & Sermo c. 3. in Domin. 5. poſt Epiphan. p. 465, 467. Thomas Waldenſis, Doctr. Fidei. l. 2. Artic. 3. c. 71. Alexander Alenſis, Sum. Theologiae p. 142pars 2. queſt. 162, 163, 164. Lupoldus, De Zelo German. Veterum Principum, cap. 2. Thomas Beauxamis, Harmoniae Evangelicae, Tom. 2. f. 406. (where he proves, The lawfulneſſe of burning Hereticks from divers Scriptures, as a prologue to their eternal burning in Hell fire hereafter, if they repent not.) Alphonſus deCastro, Adverſus haereſes, l. 5. & dePunitione haeret. Jacobus No…nera, de Eccleſia Chriſti ab Haereticorum Conciliabulis Dinoſc…nda, l. 1, & 2. Paulus Windeck, de Extirpandis Haereticis. Paulus Grillandus, De Haeereticis & eorum poenis (where this is fully proved, That Hereticks may and ought to be puniſhed and put to death by the Civill Magiſtrate.) Conradus Brunus, De Haereticis, l. 3. c. 13. John Fiſher, Biſhop of Rocheſter, in his, Aſſertionis Lutheranae Confutatio, in his Works in folio, printed 1597. p. 272. & Artic. 33. Col. 633, to 644. where he largely argues the lawfulneſſe of putting Hereticks to death, enforcing this argument among others, in theſe termes: xx…l: 633, 4.Ego quidem Haereticos & interimendos opinor, ubi non potes aliter ſervare gregem. Quam rem & Christus ipſe mihi viſus eſt apertè ſatis indicaſſe, quandoquidem & Lupos rapaces vocaverit eos: Quis enim rapacem Lupum (ubi gregi metuit ſuo) non prius occideret, quàm ſinat oves ab eo dilaniari? Quis eſt qui neſcit, quod pastori charior eſſe debet ſuarum ovium ſalus, quàm Luporum vita? Quamobrem cum alterutros perire neceſſe ſit, hoc eſt, aut oves, aut lupos, quid ſtolidius cogitari poteſt, quàm ita lupis indulgere, ut gregis tand…m univerſi jacturam patiaris? Id quod haud dubiè futurum eſt, ſi lupos non interimeris. Et ut istis lupis nemo prudens pastor ità favere debet, ut interim oves pereant; ita nec H… reticis parcendum eſt, ne per eorum violenta dogmata depereant orthodoxi. Nam Haereticorum Sermo multò pernicioſius eſt hominibus, …uàm ovibus lupus: Sermo enim eorum (ut ait 2 Tim. 2. 17.2 Tim 2:17Paulus) velut cancer ſerpit: Q…amobrem ſi liceat feras non arcere ſolum, ſed etiam interimere, ne pecudibus noceant, MƲLTO MAGIS ID LICEBIT DE HAERETICIS STATƲERE, ne tantam animabus Christi ſanguine redemptis inferant perniciem. Nam qua precor alia ratione Chriſtiano gregi contra lupos istos ſuccurrere poteris? Num cenſuris Eccleſiae? Sed has ipſi contemnunt penitus: An amiſſionis rerum ſuarum metu? Sed isti nec Deum, nec homines metuunt: An exilio? Sea per literas haereſes diſſeminare ſuas poterunt: An carceribus? Sed custodes crebrò per illos corrupti ſunt. Brevitèr, quocunque locorum vivere permittuntur, nunquam ab eorum dentibus tuta fuerit Chriſtiani gregis ſalus; which he proſecutes at large. To him I ſhall ſubjoine Sixtus Senenſis, Bibl. Sanctae, lib. 6. Annot 60. in Matth. 13. 30. who proves from Chryſoſtome, Auguſtine and Euthymius, That Hereticks may be ſlaine and pulled up as Tares, when it may be done without danger of plucking up the Wheat together with them. Benedictus â Benedicto, in his Jacula Eccleſiae Catholicae, ex Catholicorum, ipſiſque Haereticorum Aſſertionibus deprompta; Venetiis 1608. Haereſis 229, 230, 231. p. 133, to 137. (where he copiouſly proves, the lawfulneſſe of Chriſtian Magiſtrates reſtraining and putting Hereticks to death, from the Authorities of Atha…aſius, Joannis Maxentius, Auguſtine, Proſper, the Councels of Conſtans and Lateran, the Decrees of ſundry Popes, and the teſtimonies even of Luther, …u…er, Manilius, Luſſer, Joachimus Weſtphalus, Melancton, Bullinger, p. 143Brentius, Capito, Calvin and Beza:) Joannis Langh…crucius de Vita & Honeſtate Canonicorum, l. 5. c. 19. l. 6. c. 33. Jacobus Spielegius Lexicon. Jurid. verbo Haereticus, Claudius Eſpencaeus Comment. in Epiſt. 1. ad Tim. c. 1. verſe ult. Gregorius de Valentia, Tom. 3. Diſput. 1. qu. 10. Egidius de Coninck, Diſput. 35. de Divortio, Dub. 4. p. 863. Suarez de Triplici virtute Theologica, Diſp. 18. ſect. 2. The Rhemiſts in their Notes on the New Teſtament, on Luke 9. ſect. 5. and Apoc. 17. ſect. 6. (whom neither Doctor Fulke, nor Maſter Cartwright contradict herein, in their Anſwers to theſe Notes) Juſtus Lipſius, lib. 4. Polit. c. 2. Rebuffus, Praxis Beneficiorum, pars 3. de modis amittendi Beneficia, p. 227, 228, &c. Meyſer, l. 4. De Legibus, ſect. 1. qu. 10, 11, 12. Per. Gregorius, de Republica, l. 12. c. 4. Jacobi Greſeri, Prologomena in Scriptores, Contr. Sectam Waldenſium, c. 6. Bibl. Patrum. Colon. Agrip. 1616. Tom. 13. p. 292, 293. Jacobus Pamelius Annotationes in Epiſt. 52. Cyprian Annot. 78. p. 63. & Annot. 27. in Cypr. Exhortat. Martyrum, p. 198. Claudius de Sanctes, ad Edicta Veterum Principum: & de Methodo contra Sectas, Robert: Arboricenſis, de Haereticis coercendis; & de compeſcenda Haereticorum petulentia. Arnoldus Albertinus, Comment. Rubr. &C. 1. de Haereticis: Joannis Nicholas Aulati, de Haereticis. Alanus adverſus Haereticos; Arnoldus Albertinus, de Haereticis. Joannis Gerſon, de Poteſtate circa materiam fidei Oper. Tom. 1. p. 422. to 430. Petri Berchorii Reductorium Morale ſuper, Levit. ca. 6. p. 50, 51. Georgii Wicelii Homil. Domini, 8. poſt Trinit. Sebastianus Barradius Comment. in Hiſtor. & Harmon, Evang. Tom. 2. l. 2. c. 12. & Tom. 3. l. 3. c. 15. num. 46, 47, 48. Thomas Sanches, Opus morale in precepta Decalogi, l. 2. c. 7. to 15. where this is largely handled. Florimond de Remond; L'Hiſtoire de la Naiſſance, Progreſſe & Decadence de L'Hereſie de ce Seicle; A Paris 1610. Michael Mauclerus, de Monarchia Divina Eccleſiaſtica, & ſeculari Chriſtiana: Lutetiae Pariſior, 1622. Secundae partis, lib. 2. c. 12. l. 7. c. 8. Tertiae partis. l. 3. c. 9, 10, 11. l. 8. c. 10, 11. Quartae partis, l. 1. c. 9, 10. l. 5. c. 2. where this point is moſt copiouſly handled, aſſerted; Marcus Antonius de Dominis, Archbiſhop of Spalato De Republica Eccleſiaſtica, l. 6. c. 4, 5, 6. (where this is amply proved) Joannes Malderus, de Virtutibus Theologicis, Antuerpiae, 1616. quaeſt. 12. de Haereſi Artic. 3. num, 1, De PAENA MORTIS JUSTE HAERETICIS INFERENDA, A MAGISTRATU CIVILI, where he copiouſly confirmes this Tenent; affirming it, Certum eſſe ſecundum fidem, propter conſenſum Eccleſiae & OMNIVM DOCTORVM, qui illud tanquam DOGMA FIDEI TRADUNT: which he further proſecutes numb. 4. Martinus de Fano, De Brachio per Judicem Eccleſiaſt. implorando; Gundiſaluus de villa Diego, de Haereticis: Joan Nicholaus Arel. de Haereticis Jac: Pamelius, de Religionibus diverſis non permittendis: Joannes de Roias de Haereticis: Dammianus Roſcius, de ſectis Haereticorum: & Conſilia ad Haereticorum confuſionem; Zanchius Ʋgolinus de Haereticis: Antonius Santorellus de Haereſi, Schiſmate & Apoſtaſia: Franciſcus Pegna de modo procedendi, Contr: Inqui…itos de Haereſi: Amb: de Ʋignate de Haereſi: Franciſ: Zabarella de Sciſm… tibus, Authoritate Imperiali tollendis, Ludovicu… Carerius, de Haereticis. Th…. p. 144Aquinas 2 ſecundae qu. 10. 8. 0. qu. 11. 3. l. 4. Diſtinct. 13. qu. 2. 3. Quodl. 10, 16. ob. determines thus: Haereti…i poſſunt justè occidi in judicio ſeculari; incarcerari, & rebus ſuis privari, etiamſi alios non corrumpant, magis quàm rei criminis laeſae Magestatis, vel quàm cudentes falſam monetam: his reaſon is, becauſe they commit high Treaſon againſt the King of Heaven: And, quia haereſis ſubvertit fundamentum omnium bonorum: Ideo plus caeteris peccatis nocet, & eſt graviſſimum omnium peceatum per ſe; Dominicus Bannes in 2 ſecundae S. Thom. qu. 11. Artic. 3, 4. and moſt other Schoolmen on the ſecond part of Aquinas, aſſert the like.

And to name no more, Cardinal Bellarmine himſelf, de Pontifice Romano, l. 1. c. 2. & de Laicis, l. 3. c. 21, 22. largely and learnedly proves by Scriptures, Fathers, Proteſtant Writers, reaſons, Imperial Laws, and other. Authorities, That Magiſtrates may, yea ought to puniſh and put to death obſtinate Hereticks: affirming, That this is the unanimous opinion of all Catholicks: And he there ſolidly anſwers the ſeverall objections made by Anabaptiſts and others to the contrary, quoting Maſter Calvin, Aretius and Beza, as concurring in opinion with him herein.

But paſſing by all theſe with other Romani…s, whoſe long continued daily zzSee Maſter Fox his Acts and Monuments, and the French Book of Martyrs.practiſe in putting ſuch to death, and burning them to aſhes, whom they condemne for Here…cks, is an unanſwer b… evidenc… of their opinions herein; I ſhall proceed to the Reſolutions and Judgments of ſuch Proteſtant Churches in their publick Confeſſions, and learned Proteſtant Writers of chiefeſt note, from the very glimmerings of Reformation, untill this preſent, which will be more p…n…rous and prevailing with our Oppoſites and Sectaries (who commonly ſlight Antiquity, and now all other Authors, as of ſmall or no account,) then any other Authorities; and I preſumewill give good ſatisfaction to all ingenuous Readers, but I am certaine will overballance Maſter D…s pretended Authorities to the contrary, and put him to perpetuall ſilence. I ſhall begin with the Confeſſions of whole reformed Proteſtant Churches, and then paſſe unto their Writers.

The kkHarmony of Confeſſions, ſect. 12. p. 458 459, 460.Reformed Churches of H…lvetia, in their former Confeſſion, reſolve thus: Seeing every Magiſtrate is of God, his chiefe Du…y conſiſteth in this; To d…ſ…nd Religion from all blaſphemy, and to promote and put it in practice as much as in him lieth; and to judge the people according to juſt and divine Lawes, and to puniſh the Offenders according to the quantity of the fault, in their Riches, Body or Life: Which things when he doth, he performeth a due worſhip or ſervice to God. And in their later Confeſſion, chap. 30. of Magiſtracy: The Magiſtrates chiefeſt duty is, to procure and maintaine peace and publick tranquility, which doubtl…ſſe he ſhall never doe more happily, then when he ſhall after the example of moſt holy Kings and Princes of the people of the Lord, advance the preaching of the Truth, and of the pure and ſincere Faith, and ſhall ROOT OƲT LYES, and all Superstition, with all Impiety and Idolatry, and ſhall defend the Church of God: For Note.indeed we teach, that the care of Religion doth chiefly appertaine to the holy Magiſtrate; let him therefore hold the Word of God in his hands, and LOOK, THAT p. 145NOTHING BE TAƲGHT CONTRARY THEREƲNTO: Let him draw forth the Sword of God againſt all Malefactors, ſeditious perſons, Theeves, Murderers, Oppreſſors, BLASPHEMERS, Perjured perſons, and all thoſe whom God hath commanded him to puniſh or execute; LET HIM SƲPPRESSE STƲBBORNE HERETICKS, (which are Hereticks indeed) who ceaſe not TO BLASPHEME the Majeſty of God, and to trouble the Church, yea and finally to deſtroy it. We condemne the ANABAPTISTS, who deny, that any man can juſtly be put to death by the Magiſtrate, &c.

The llIbid. p. 466.Confeſſion of the Reformed French Churches, reſolves, That God hath therefore delivered the Sword into the hands of the Magiſtrates, that Offences may be puniſhed; not onelyonly thoſe which are committed againſt the ſecond Table, but alſo againſt the firſt, &c.

The mmIbid. p. 467.Confeſſion of Belgia determines, That it is the duty of Kings, Princes and Magiſtrates, to endeavour, that the Miniſtry may be preſerved, that all Idolatry and counterfeit worſhip of God may be cleane aboliſhed, that the Kingdome of Antichriſt may be overthrowne, and the Kingdome of Chriſt enlarged, &c. Wherefore we condemne the Anabaptiſis, and all thoſe troubleſome ſpirits, which reject the higher Powers and Magiſtrates, overthrow all Lawes and Judgments, &c. which God hath appointed among men for honeſties ſake.

The nnIbid. ſect. 19Confeſſions of Auſpurge, Baſill, Bohemia, Scotland, determine the like, as you may there read at large.

I ſhall adde ſome few forraigne Proteſtant Authors of chiefeſt note to theſe Confeſſions.

ooDefenſoris Pacis, pars 2. c. 9, 10, 21.Marſilius Patavinus, a great oppoſer of the Popes uſurpations, aſſerts; That although the Pope, Prelates and Clergy men, have no coercive power to compell Hereticks and Schiſmaticks to beleeve and embrace the Goſpel, or to conſtraine men to keep the precepts of the Evangelicall Law; Yet Chriſtian Emperours, Kings, Magiſtrates, may by their humane Lawes puniſh, impriſon, fine, baniſh Hereticks; and that it belongs properly to them, not to Prieſts, to puniſh and condemne Hereticks: concluding thus; Quod poenas perſonales, atque reales Haereticis infligere, ipſaſque exigere, ſibique applicare LICITE POSSUNT ET SOLEBANT PRINCIPES, ſivè legiſlatores humani.

Henry Bullinger, Decadis ſecundae Sermo octavo, prapounding this Question then in controverſie: An liceat Magiſtratui ſua poteſtate ſubjectos punire Religionis vel contemptae, vel contumeliis effectae gratia? Reſolves it thus: In perſonis igitur magna eſt diverſitas: Sunt enim anteſignani & duces pervicaces in erroribus, qui audaces ſunt Hypocritae, & loquaces, & ideò ad ſeducendum appoſitiſſimi; ipſi quidem ſine emendatione in propriam ruentes perniciem, & alios ſecum pertrahent. Et hi MODIS OMNIBUS SUNT COERCENDI, veluti Eccleſiae peſtes, ne contagio ipſorum, ſeu cancer, ſerpat latius: Sunt deinde ſeducti quidem & damnati ab alijs qui errant, ſed non malitià; nec pertinaciter, ſed reſipiſcunt in tempore. Hos non oportet damnare protinus, ſed orare Dominum ac ſuſtinere, erranteſque ſpiritu lenitatis & manſuetudinis erudire, donec redeant ad mentem meliorem. Porro in erroneis Dogmatibus alia alijs p. 146ſunt graviora: Sunt quaedam adeò Blaſphema, impia & indigna▪ ut ne audiri quidē, ne dum ferri poſſint: ſunt quae directè & palam tendunt in ſubverſionem Reipublicae, niſi in tempore ſopiantur. Oportet autem Scripturis & …anifeſta veritate evincere illa quae in accuſationem veniunt, eſſe talia qualia dicuntur: Comperta veritate & productis apertis teſtimonijs Scripturae, licebit in blaſphemos, & everſores Eccleſiae Reipublicaeque graviſſimè animadvertere, Sed levior mitiorque poena decernatur contra errantes in levibus, non in capitalibus erroribus. Nam errant quidam, ſed ita, ut horum erroribus Deus non blaſphemetur & Eccleſia conſiſtat. Denique, ipſa non interturbatur Reſpublica. Ubi rurſus occurrat illud Apoſtoli: Alter alterius onera portate. Item, infirmos in fide ſuſcipite, non ad dijudicationes diſceptationum. Jam & in ſuppliciis & poenis inſigne eſt diſcrimen. Pertinaciter errantes, & alios ſecum in errores abducere, inque erroribus retinere nitentes, blaſphemi, & perturbatores, imò ſubverſores Eccleſiarum, JURE CAEDI POSSUNT; ideò tamen capitis ſupplicio non protinus afficiendus eſt omnis qui errat. Et quae minis & increpationibus curari poſſunt, non debent acerbioribus elui & puniri. Modus in re qualibet optimus eſt: Eſt & multa pecuniaria, ſunt CARCERES in quos concludi poſſunt, ne alios inficiant qui veneno pravae doctrinae & fidei corrupti ſunt. Sunt & ALIAE CORPORUM AFFLICTIONES, quibus coercentur errantes, & ut minus noceant aliis ſanis, ut & …p… ſanantur, non toti pereant, ſed reſipiſcant. Sed timor Dei, aequitas & prudentia judicis intelliget ex circumſtantiis quomodo punienda ſunt in …ductoribus & ſeductis prava dogmata, & pervicax rebellio, aut ſtolida & minimè malitioſa credulitas. Admonitio ſeria & diligens locum non habet in ſceleribus nefandis jam perperratis, ET GLADIO ELVENDIS. Curet …go Magiſtratus ut moneat in tempore monendos, &c. So he, ſo we conclude.

Martinus Bucerus in his Book de Regno Christi, (dedicated to our King Edward the VI.) hath many paſſages to this purpoſe, which you may there read at large, being the ſubject and ſcope of that Treatiſe: And in his E…arrat. in Matth. c. 22. he deter…ermines thus: Ex eo quod apud omnes rectè ſentientes pridem & modo habetur, neminem ad fidem aut religionem compellendum; quidam Officium Magiſtratus in totum à rebus fidei & Religionis alienum faciunt, nec quicquam illum circà eas vel conſtituere vel emendare, aut etiam vindicare permittunt, addicentes illum totum ſolis-rebus ſeculi: Iſti verò parum piè de ſublimi poteſtatis munere ſentire videntur. Dii in Scripturis Vocantur Principes & Magiſtratus. Quare & Deos quoſdam praeſtare inter homines debent eoque ſic mala amoliri, & bona provehere, ut quae inter bona praecipua ſunt, in primis procurand & tuend…curent, quaeque mala nocentiora, praecipuo ſtudio avertant. Quùm itaque Religio non ſolum bona alià univerſa excellat, ſed ſine ea nihil ſit jam humano generi bonum & ſalutare, certè conſequens erit, ut Magiſtratus▪ PRIMUM DEBEAT RELIGIONI VINDICANDAE ET CONSERVANDAE CURAM IMPENDERE, qua…doquid…m nihil poteſt populo accidere peſtilentius quà… haec illi violetur; nihil ſalutarius quam ſi ſarta-tecta perſiſtat: p. 147Hinc in lege Magiſtratibus perſanctè praeceptum fuit, ut praeter conſultores, Levitas & Sacerdotes, ipſi quoque legem Dei ſtudioſe legerent, nimirum ut ficut Deus ante omnia diligi debet, ità in primis operam daret, ut illius cultus rectè haberet: Hinc CAPITALIA fecit, non ſolum adultera, homicidia & id genus atrociora ſcelera, ſed etiam ſi quis a cultu Dei docendo abduceret; ſi quis ſibiipſi tantum Idola, aut aliam ſuperſtitionem ſtatueret, ſi ariolos conſuleret, ſi Deo convicium dicat & hujuſmodi, quae propriè ad curam attinent Religionis. Jam Deus non mutatur; quare in haec eadem hodiè quoque Magiſtratum ANIMADVERTERE DEBET. Nec enim minus apud priſcos vera Religio cordi fuit atque hodiè; & aeque tum atque modo opus Spiritus Sancti illa exſtitit: Nihilominus, quùm & Doctrinae & Caeremoniae externae ſunt, & poteſtas publica in hoc à Deo rebus humanis praefecta ſit, ut illae optimè, id eſt, ex ſententia ejus habeant, ac ita ante omnia ipſius cultus vigeat, neque poſſit nocentius quicquam accidere impia Doctrina & ſuperſtitioſis Ceremoniis, etiam apud nos Magiſtratus officium erit cavere, ne quid in his pal…m peccetur: occulta Dei judicio relinquere oportet. Nequaquam autem huc ire decet, quoniam multi ſunt qui poteſtate ſua abuntantur, & maximè in rebus ſacris, ut proptereà curam religionis alienam a munere Magiſtratus faciamus, quàm primum habere quicunque poteſtate funguntur, non folum divinae, ſed ſimul omnium Sapientium leges ſanxerunt.

ooOperùm, Tom. 2. f. 2. 323.Huldricus Zuinglius de Duplici Juſtitia, Divina & Humana, towards the end, writes; That the Magiſtrate was inſtituted by God; among other ends, Ne blaſphemi reddamus, ſed verbi Domini audientes: Quod ſi ego blaſphemias in Deum expuere non vereris, Magiſtratus blaſphemum te poenis coercet. Religionem tuere debet, & provehere: Quod ſi eos non puniat qui Deo inobedientes ſunt, Dei poenam non effugiet. Magiſtratus, in primis eſt, ut omnia ea aboleant, tollentque à medio, quae cum divini verbi oraculis pugnant. And elſwhere he writes thus: ppExplan. Articul. Artic. 29. Tom. 1. f. 79, 80.That the Magistrate muſt know himſelfe to be nothing elſe but a Sword, wherewith God doth cut off the worſt and moſt hurtfull members of his Body; but he is to take heed that he cut not off a ſound member for a diſeaſed one, nor ſuffer a diſeaſed one to live for a ſound one: qqIbid. Artic. 40. f. 82.That the Magistrate may lawfully put open Malefactors' to death, who are pernicious to the Body of Chriſt, and hurtfull to the Common-wealth: And though he holds, rrIbid. Explan Artic. 65.That the Doctrine of Chriſt is not to be propagated with armes and the ſword; and blames the Papists, the enemies of Gods Word: Quod omnia vitentant, non Scripturarum collatione: Yet he addes; Interim Magiſtratus officium eſt nihil ominus, ut hoſtibus veritatis (poſteaquam ſatis ſunt auditi & verbo Dei convicti)Note. ſilentium imponant, &c. Quidam certè eorum tam blaſphemè, tamquè de Deo, de Veritate, deque Scripturis ſacris loquuntur, ut nihil mirum eſſet, ſi Magiſtratus os ipſis comprimeret, quandoquidem Scripturis omninò nihil poſſunt, nec ceſſant tamen reclamare, omnia vi tentare, non veritate. Praeſtaret, inquam, ut his, poſteaquam auditi eſſent & edocti, Pytagoricum imponeretur ſilentium: So as in his opinion, Magistrates ongot to puniſh Blaſphemers, to ſilence and ſuppreſſe Hereticks and Seducers, who are obſtinate, p. 148and diſturb the publick peace, elſe God will certainly puniſh them for this neglect of their duty. And in theſe places and elſwhere, he largely aſſerts the divine inſtitution, power, lawfulneſſe and neceſſity of the Chriſtian Magiſtrate under the Goſpel, againſt the Anabaptiſts.

Maſter Calvin doth the like, Inſtitut. lib. 4. c. 20. throughout: Where he writes thus, Sect. 3. That the Magistrate is to take principall care to ſuppreſſe and puniſh Idolatry, Sacriledge, Blaſphemy, and other publick offences againſt Religion; and to take care, that the true Religion contained in the Law of God, he not publickly violated or contaminated by ſacrilegious perſons, without puniſhment. Sect. 9. he aſſerts, That the Magiſtrates are the keepers of both Tables, as we learn not onelyonly by Scripture, but prophane Authors too; That it ought to be their chiefeſt care to defend and preſerve true Piety and Religion, and the honour of God, whoſe Vicars they are, and by whoſe benefit they reigne: And he concludes thus againſt the Anabaptiſts, and our Antagoniſts: Hoc quoque nomine maximè laudantur Sancti Reges in Scriptura, quòd Dei cultum corruptum vel everſum reſti…erunt, vel curam geſſerent Religionis, ut ſub illis pura & incolumis floreret: Contra verò ſacra hiſtoria inter vitia anarchyas ponit, quod non eſſet Rex in Iſrael, ideoque faceret quiſque quod placebat: Unde coarguitur eorum ſtultitia, qui vellent neglectà Dei cura, juri inter homines dicundo tantum intentos eſſe. Quaſi verò praefectos Deus ſuo nomine conſtituerit qui terrenas controverſias deciderent; quod verò longè gravioris momenti erat praetermiſerit, ut ipſe purè coleretur exLegis ſuae praeſcripto. Sed huc turbulentos homines impellit impius omnia novandi cupiditas, vt omnes violatae pietatis vindices è medio ſublatos cupiant, &c. In his Comentary on Rom. 13. and elſwhere, he aſſerts the like: and that Chriſtian Princes and Magiſtrates are to ſuppreſſe and puniſh Hereſies, Schiſmes, Blaſphemies; refuting the Anabaptiſts opinions and objections to the contrary: Yea, Maſter Calvin cauſed the Anabaptiſticall Heretick Servetus to be put to death by the Magiſtrates of Geneva for his obſtinate Hereſie and Blaſphemy; for which being blamed by ſome Anabaptiſts, he writ a particular Treatiſe, wherein he demonſtrates to the world, Licitum eſſe in Haereticos gladio animadvertere: that it was lawfull for the Chriſtian Magiſtrate to put Hereticks to death, as Beza records in his life, and Bellarmine cites it too, lib. 3. de Laicis, cap. 21.

Finally, Maſter Calvin in his Praelectiones, in Daniel, cap. 4. ver. 1. fol. 43. aſſerts the lawfulneſſe of puniſhing Hereticks and Blaſphemers even with death: informing us what manner of perſons they are, and what they aime at, who hold the contrary, in theſe words: Certum eſt quod cupiant: Nam ſi quis ipſos reſpiciat, SUNT IMPII DEI CONTEMPTORES [not Saints:]Nota. ſaltem nihil vellent certum eſſe in Religione; ideo labefactare, & quantum in ſe eſt, etiam convellere nituntur omnia pietatis principia. Ut ergò liceat ipſis evomere virus ſuum, inde tant…ere litigant pro impunitate, & negant poenas de Haere…icis & Blaſphemis ſumendas eſſe, &c.

Rodolphus Gualther in his 44. Homily, in Epiſt. ad Galatas, c. 4. from theſe words of the Apoſtle, I would they w… even cut off that trouble you; p. 149proves at large, That Magiſtrates may and ought to ſuppreſſe Hereticks with civill and corpor all puniſhments, and the Ring-leaders of them with death and capitall cenſures, even under the Goſpel, according to the Propheſie of Zech. 13. 2, 3. meant onelyonly of the times of the Goſpel. And in his 76 Homily, in Epiſt. ad Rom. cap. 13. he affirmes the ſame; aſſerting, That the Chriſtian Magiſtrates under the Goſpell ought to puniſh all thoſe offences with the Sword, which God himſelf hath thought worthy to he puniſhed with capitall cenſures: Inter quae cùm omnium graviſſima ſint, quae adverſus primam tabulam, cum divini nominis contemptu, cultus prophanatione, & multorum aliorum ſeductione deſignantur, PROCUL DUBIO in eorum Authores quàm ſeveriſſimè pro delicti ratione animadverti debet. Minimè ergò illorum ſententiam probamus, qui adorandae Trinitatis hoſtes, & aeternae Jeſu Chriſti Divinitatis blaſphematores, plectandos eſſe negant. Dicunt illi, Fidem donum Dei eſſe, neque aliquem ad rect… ſentiendum cogi poſſe: Sed nos viciſſim dicimus, contineri poſſe poenarum metu impoſtores, ne virus haereſium ſpargant, & pravis dogmatibus rudes & imperitos rerum ſeducent. He addes, that by this reaſon, no Malefactors whatſoever ſhould be puniſhed, becauſe they commit thoſe crimes for want of faith and grace, which are Gods gift.

Learned Peter Martyr not onelyonly in his Common places, Claſſis 2. cap. 4. ſect. 30, to 43▪ but in his ssTiguri An. 1559. p. 1017 to 129.Comentary on Rom. 13. aſſerts the like, affirming, That many wicked men and Hereticks have been by the force of lawes and puniſhements inflicted on them, converted from their ſinnes and errors, and by degrees brought to a c…diall love and embracing of Vertue and the true Religion; and that upon this reaſon, Saint Auguſtine, who at firſt thought the Magiſtrate ought not to puniſh Hereticks; changed his opinion.

Solid Paraeus in his ttHeidelb. 1613. Col. 12 75, 1276, 1367, to 13…0.Comentary on Rom. 13. aſſerts and proves at large, That it is, and alwayes hath been the chiefeſt care of godly Kings and Magiſtrates to aboliſh falſe worſhips, take away Idols, and all inſtruments of Idolatry, and to preſerve the purity of Religion and Gods worſhip: That they ought not to ſuffer impurity in Religion, or to give liberty to every one to teach and profeſſe what Religion he like, but onelyonly to defend, tolerate and eſtabliſh the true Religion; and that they ought, Edictis & poenis impedire Blaſphemias, Haereſes, Idola, Sacrilegia, &c. by lawes and puniſhments, to reſtraine Blaſphemies, Hereſies, Idolatries, Sacriledges, Schiſmes, and the like: Which he there proves at large, quoting the Lawes of many Emperours to this purpoſe. And alſo de Jure Principis circa Eccleſiaſtica.

The like in effect, if not in terminis, is aſſerted and proved at large by Bullinger, Aretius, Bucer, Fayus, Brentius, Jacobus Grynaeus, Muſculu…, Oleuian, Piſcator, Scultetus; and generally all Proteſtant Comentators on Rom. 13. and Papiſts too, whoſe words for brevity I pretermit. To theſe I might adde Brentius, de Republ. adminiſtr. Capito, de Jure Magiſtratus in Religione. Muſculus Comment. in Pſal. 2. (cited by Maſter Beza, as concurring in opinion with him;) Gerrardus, Loci Com. de Magiſtratu Polit. num. 5. & 33. who are of the ſame opinion.

Benedictus Aretius, in his Hiſtoria Valentini Gentilis; aſſerts, That Blaſphemous obſtinate Hereticks may juſtly be put to death by the civill Magistrate, as Gentilis p. 150was at Berne, and Problem. Locus, 59. de Sciſmatibus; he aſſerts, That the chiefe Ring-leaders of Schiſmes, and obſtinate Schiſmaticks may lawfully be ſuppreſſed and puniſhed by the civill Magiſtate, as the Donatiſts were, and enforced to come to the publick Ordinances by penall lawes; by which means many have been reformed and converted, as experience manifeſts.

Phillip Melancton, not onelyonly in his forecited paſſages, but in his Council▪ de Officio Magistratus in Eccleſiarum Reformatione, & Loci Com. de Sacramentorum Numero; (where he makes the Magiſtracy a Sacrament, in ſome ſenſe: Erit & Magistratus hoc modo SACRAMENTUM, quia eſt certum genus bonorum o…erum, ornatum verbe Dei & promiſſionibus, Rom. 13. even for the puniſhment of evill doers in the Church:) Historia de Incendio Serveti, by a nameleſſe Author, Hartmannus Springelius, de hodiernis Haereſibus & Haereticis: Joannis Wigandus, de Exiliis Facinoroſorum, & Pſeudomartyrlis, Cl. G. Praet. de Regia poteſtate in Eccleſia; Hadrianus Saravia, de Imperandi authoritate & Chriſtiana obedientia, l. 2. c. 52, 53, 54. Lu. Oſ…auder. Enchir. Contr. Com. Anabap. c. 9. aſſert the Magiſtrates coercive power to reſtrain & puniſh Idolaters, Hereticks, Schiſmaticks with corporal cenſuresand death.

Learned vv…n Miſc…llan, cap. de Magiſtratu.Zanchius affirmes; Omnes ferè ex noſtratibus hujus ſunt ſententiae QUOD HAERETICI SUNT GLADIO PUNIENDI; That in his time, almoſt all Divines were of this opinion, That Hereticks were to be puniſhed with the ſword, or put to death: Of the ſame mind is learned Muſculus Loc. Com. p. 1389. and Hugo Etherianus de Haereſibus.

Contr. Holde…um, & Jac. Andr…, p. 12… ▪Theodor Beza writes; We teach, that chriſtian Magiſtrates ought to take ſpeciall care, that the pure and ſincere worſhip of God may flouriſh, and that they ſhould RESTRAINE AND PUNISH Hereticks, CAPITALI QUOQUI PENA SI NECESSITAS ET SCELERIS MAGNITUDO POSTU…ENT; and that with capitall puniſhment, if the neceſſity and the greatneſſe of the crime ſo require, rather then the Church ſhould receive any dammage: Which he elſwhere aſſerts at large, Operum Vol. 1. p. 83, to 171. in a particular learned Treatiſe, De Haereticis a Civili Magiſtratu puniendis.

So Junius in Defenſione 2. de Trinitate adverſus Samotenianos, Heidelb. 1591. p. 40. Danaeus Ethicae Chriſtianae, l. 2. c. 13. & elſwhere, are of the ſame judgment: To whom I might adde Voetius de Tolerantia Anti-Trintariorum: Becanus Locorum Com. Locus 49. the Profeſſors of Leyden, Cenſura Remonſtr. c. 24. ſect. 9. Spanhemius Diatribe Hiſtorica de Orig▪ Progreſſu, Sectis & Num. Anabaptiſtarum: with many other forraigne Divines, whoſe names I ſpare; all reformed Churches in forraigne parts concurring with me both in judgment and practice too.

Neither doe our owne Authors diſſent, but concurre jointly with theſe our Brethren; witneſſe Biſhop Defence of the Apology, …ar… …. c. …, dev… …. p. …17…Jewel, and Maſter zzReformed Catholick, Con…. 2…. c. …4. and on ….Perkins himſelf (whoſe words I ſhall recite in the cloſe of this Work) Doctor Whitakers Adv. Campianum p. 234. Biſhop Babington in his Comfortable Notes upon Exodus, cap. 18. in his Works in Folio, London, 1622. p. 271, 272; 273. Doctor Fulke in his Anſwer to the Rhemiſt Teſtament, on Apoc. ſect. 6. where he writes thus: Though we allow the PUNISHMENT OF HERETICKS, p. 151both in our owne and other Countries (even with death) yet we abhor the cruelty of Antichriſt and his Church, which condemne the Christians, and murther them under the colour of Hereticks: Doctor Robert Abbot, de Suprema Poteſtate Regia: Biſhop Carlton of Juriſdiction Regall, Epiſcopall and Papall: John Bridges of the Kings Eccleſiaſticall Supremacy: Thomas Becon in his **Pag. 73, 74, 75.forecited works; and Doctor Willet in his Sixfold Comentary on the Epiſtle to the Romans, cap. 13. Controverſie 4, 5, 6. Where thus he writes.

Princes ought not onelyonly to take care about the affaires of the common-wealth, and to be altogether careleſſe of Religion, but even unto Eccleſiaſticall affaires, and matters of Religion, they ought to extend their Princely care and watchfulneſſe. Firſt, the Prince is the Miniſter of God for our good; but the good of the Subject is not onelyonly civill and temporall, but ſpirituall concerning Religion. Secondly, Even the Heathen did aſcribe unto their Kings a principal care even of Religion: Wherupon the Emperors of Rome were ſtiled, Pontifices Maximi, the high Prieſts or Prelates: and Ariſtotle writeth, lib. 3. politic. c. 10. that the Lacedemonian Kings had the command of War, and rei divinae cultum exercuiſſe, and did exerciſe divine worſhip, unleſſe they were ſuch Sacrifices as were neceſſarily to be done by a Prieſt; that therefore which by a common conſent of Nations was given unto Kings, ought not to be denied unto chriſtian Princes. Thirdly, the care of Religion otherwiſe concerneth the Prince, rather then private perſons: theſe onelyonly are to wiſh well unto it, and to accept of it; but the Prince ought to be an Agent, without whoſe power nothing can be effected publickly for the maintainance of Religion.

Secondly, it belongeth to the Imperial power to maintain true Religion, and ſee that no confuſed mixture of Religions be admitted, for this is given as a reaſon in the time of the Judges, why ſome followed Idolatry and ſtrange worſhip, becauſe there was no King in Iſrael, but every one did that which was good in his owne eyes, Judges 17. 4. if there had been then a King, they ſhould not have been ſuffered every one to follow their owne fanſies.

Thirdly, Christian Princes are by their Lawes and Edicts, to reſtraine all Blaſphemy, Idolatry, Hereſie, Sacriledge, and ſuch like, becauſe Princes are to be feared for evill works; their office is to reſtrain all evill works whatſoever, ſuch as theſe are; and they are appointed to procure the good of their Subjects, and conſequently to take out of the way all impediments which may hinder their good, ſuch as theſe are: The Romaniſts grant thus much, that the Princes by their Lawes ſhould provide againſt Hereſie, but they will exclude the Prince from all judgment of Hereſie, which muſt be in their opinion determined only by the Church, &c. Which all our Divines and Proteſtant Writers condemning, is a ſtrong evidence to me, that Heretickes are properly triable onelyonly by the Judges at the Common Law, by way of Indictment, not by the Clergy, as their Hereſie is criminall and capitall, as well as Romiſh Prieſts and Jeſuits.

This truth is very largely and learnedly aſſerted by Biſhop Bilſon, in his True difference between Chriſtian Subjection, and unchriſtian Rebellion; by Biſhop Davenant, De Judice & Norma Fidei, cap. 15. p. 71, to 78. and other of the Epiſcopall Party, whom I pretermit: I ſhall conclude onelyonly with ſuch who have written ſince this Parliament: The firſt of them is learned p. 152Maſter Samuel Rutherfurd, in his Due Right of Presbyteries, p. 352, to 370▪ where he propounds this Queſtion: Whether the Magiſtrate hath power to compell perſons to a Church-profeſſion? For cleering whereof, he layes downe and proves theſe five Concluſions.

I. The Magiſtrate may compell to the meanes and externall acts of worſhip, and to reſtraine them from externall falſe worſhip of the falſe God, or of the true God worſhiped in a falſe way; he cannot compell to internall acts of faith, love, and ſuch like, as hauing no power over the conſcience.

II. There is one conſideration of a Heathen or Pagan Nation, which never received Chriſtianity, and the true Faith; and another conſideration of a Nation Baptized and profeſſing Chriſt.

III. A Magiſtrate may compell a Heathen Nation to the negative reverence of Chriſt, in an indirect way, and that with the Sword, though he cannot compell to the poſitive worſhipping of him: If a Chriſtian Prince ſubdue a Pagan Nation, he cannot force them with the Sword to a poſitive receiving of the Doctrine of the Goſpel, but if it be a Nation expreſly blaſpeming Chriſt, as the Nation of the Jewes now doe, he may compell them to an abſtinence from a profeſſed blaſpheming of Chriſt, becauſe he is to uſe the ſword againſt Blaſpemy.

IIII. The compeling power of the Magiſtrate is terminated upon externall worſhip, as abſtracted from either hypocriſie or ſincerity in worſhip.

V. Though no man reſiſt the Magiſtrate in a matter of Religion, except in a hypocriticall way, ſave onelyonly he who thinketh he hath reaſon to reſiſt, and is led by the judgment and inditement of conſcience, yet is not the judgment of conſcience, but onelyonly the Word of God the rule of mans obedience, or reſiſting in action, purpoſes and converſation.

Theſe five concluſions he there proves at large; aſſerting, That groſſe Idolaters, ſeducing Hereticks and univerſall Apoſtales, may and ought to be put to death; and he cites Beza, Junius, Becanus, Zanchius, Perkins, Danaeus, Bullinger, and the Profeſſors of Leydon, to be of this opinion, That ringleading and ſeducing Hereticks are to be puniſhed to death; with many Popiſh Authors who are of the ſelf ſame judgment: aaSee his Treatiſe againſt toleration, and Maſter Obadia… Sedgwicks Faſt Sermon of the nature and danger of Hereſie.Maſter Edwards in his Anti-Pologia, and Gangraenaes, aſſerts the like; with our London, Eſſex, and Suffolk Miniſters in their Petitions to both Houſes, for the puniſhing and ſuppreſſing of Hereſies, Schiſmes Blaſphemies. The Independents in bbMaſter Bayties Hiſtory of the Browniſm and Iudependency.New-England it ſelfe, as Maſter Cotton, Maſter Hooker, and others, are of the ſame judgment, and de facto baniſhed Maſter Williams, Miſtris Hutchinſon, and other Hereticks and Schiſmaticks, out of their Plantation: In few words, ccSee Maſter Loves animadverſions, p. 21, …2.John Goodwin himſelfe, in a Book intituled M. S. to A. S. p. …0. Maſter Henry Burton in his Vindication of the Churches commonly called Independent, p. 70. and Maſter Jeremy Burroughs, of Heart-Diviſions, p. 20, 21. (three grand Independents) conclude againſt Maſter Dell, That the Magiſtrate may fight with, and puniſh Superſtition, Hereſie, Schiſme, as well as with corruption of manners; where there is no danger of fighting againſt God: And Maſtor Burroughs from Zech. 13. 3. grants, That in the times of the Goſpel (of which this Text is a Propheſie) all erronious or idolatrous Prophets or Teachers, ſhould be p. 153brought before the civill Magiſtrate, to receive condigne puniſhment, even to the taking away of life, in ſome caſes.

Finally, even the very Ringleaders of the Anabaptiſts themſelves, who to propagate their owne errors without reſtraint, aaBullinger, Contra Anabaptiſtas, l. 1. 2. Sleidans Coment. l. 4, 5 10. Guy de Bres, contre les Anabaptiſtes. Cloppenburgirs Gangraena Anabaptiſtica. Conradi Heresbachii Hiſtoria Anabaptiſtica, una cum notis Lamberti Hor trenſi… Spanhe mii Diatribe. Doctor Featly his Dippers dipt, Maſter Robert Bailie his Anabapt. ch. 1, 2, 3. Joannis Witlingius de Anabaptiſtis.firſt cryed do…me the Magiſtrates coercive power in matters of Faith, aſſerting, That they ought not by their Lawes and Edicts, to compell men to come to the publick meetings, or puniſh any man with corpopall or capitall puniſhments for any error or hereſie: and at laſt denied Magiſtracy it ſelfe: Did afterwards, when they got the power into their owne hands, not onelyonly make and proclaime themſelves Magiſtrates and Kings, exerciſing more barbarous, bloody tyrannies, then the worſt of Tyrants ever did; but profeſſedly aſſerted and maintained, That all thoſe who would not be Re-baptized, and embrace their fanatick opinions, were to be ſlaine and put to death as wicked men and Infidels, and their Lands and Goods to be confiſcated to themſelves, the onelyonly Saints; and accordingly they murdered and put to death many of their owne Members, and thouſands of others in Suaben, Munſter, and other parts of Germany, violently ſeizing on their Lands, Castles, Houſes, Goods, till they were themſelves ſuppreſſed and diſſipated by the ſword, and above an hundred thouſand of them ſlaine and executed in ſundry places of Germany, as the Marginall Authors record at large: Therefore their own pactice, bbSee Maſter Edwards Gangraenaes, and Maſter Bailies Anabaptiſme, c. 2, 3, 4.Doctrine ſubverts this their pretended Anti-Magiſtraticall poſition: It did ſo heretofore in Germany, and dot… ſo already even in ccSee Maſter Bailies Diſſwa ſive from the Errors of the times, p. 31, 32 48, 49, 50▪ 124 to 130, 13…, &c.New and Old England, where they have any power: and I pray God we feel not as ſad effects and ſymptomes hereof ere long at home, as ever they did in Germany.

All theſe Authorities will, I hope, overballance Maſter Dels opinion and miſ-quotations to the contrary.

Having fully anſwered and totally routed all Maſter Dels forces, againſt the coercive power of the civill Chriſtian Magiſtrate, in caſe of Hereſie, Schiſme, Blaſphemy▪ I ſhall next fall upon a few Reſerves of ſome of his Saints in the Army, and of their Champion Maſter John Goodwin, which I ſhall quickly ſcatter, and then conclude.

The twelfth Objection, made by ſome Sectaries in the Army, againſt the Magiſtates puniſhment of Blaſphemy, is thus expreſſed in a Letter written by a godly Miniſter, June 3. 1646. who was then in the Army. ddMaſter Edwards his third part of the Gangraena p. 46.They would not have the old Military orders, ſet forth by the Earle of Eſſex, obſerved, That BLASPEMERS ſhould be boared through the Tongue. TheObject. 12. argument that they urged was, That ſinnes which are directly againſt God, ſhould be puniſhed by God: Upon which ground, they hold, that Hereſie, Atheiſme, &c. ſhould not be puniſhed by the Magistrate, becauſe they are ſinnes directly againſt God, &c.

To this I ſhall anſwer, firſt, that if this ground were true, then God,Anſwer. the Fountaine of Juſtice, being as able to puniſh ſinnes directly againſt himſelfe, as well under the Law as Goſpel, would not have in poſitive tearmes, commanded ſuch who were guilty of open eeDeut. 13. Levit. 24. 11. to 17.Deut 13Lev 24:11–17Blaſphemy and Idolatry, (being ſinnes directly againſt him) to be ſtoned and put to death without any mercy, as I have proved he did; and thoſe godly Magiſtrates and Princes, p. 154wſto puniſhed Idolaters with death under the Law, had been Murderers and Delinquents: This argument therefore w^ch taxeth God himſelfe, and his precepts of direct injuſtice under the Law, muſt be rejected by the Objectors as blaſphemous: or elſe they muſt make it appeare by Scripture, that though theſe ſinnes under the Law were by Gods owne command to be puniſhed with death by the civill Magiſtrate and people, yet now under the Goſpel he hath reſumed the power of puniſhing them onelyonly to himſelfe, and deprived Chriſtian Magiſtrates of it, which they can never doe. Secondly, By this reaſon, Magiſtrates muſt not puniſh direct Atheiſts, openly profeſſing there is no God, nor ſuch Hereticks who deny the Trinity, or the Deity of Chriſt and the holy Ghoſt, nor ſuch as deny there is any Heaven or Hell; ſince theſe ſinne directly againſt God himſelfe. O the piety of Maſter Dels anointed faithfull Saints! is this their zeale, their piety, their ſanctity? Thirdly, they muſt by this reaſon puniſh no ſinne at all, no not Rebellion, Murder, Treaſon, Sorcery, Adultery, for theſe ſinnes are eePſal. 51. 4.Ps 51:4directly committed againſt God, who prohibits, and whoſe ffRom. 4 15. c. 3. 20. …. 15. …3. c. 7. 7, to …5. 1 Cor. 15. ….Rom 4:151 Cor 15prohibition makes them ſinnes, but ſinnes onelyonly indirectly againſt men, as they are Gods creatures, and beare his image. Fourthly, if this paradox be true, then by the ſelf ſame reaſon, God himſelfe is not to puniſh any ſinne committed imediatly againſt men, as Murder, Adultery, &c. nor may God nor man puniſh ſinnes committed by beaſtly men with Beaſts, becauſe not directly committed againſt God or man, in the Objectors ſenſe; and then what becomes of the truth of Heb. 13. 4. Revel. 21. 8. cap. 22. 15. Whoremongers and Adulterers God will judge, and they ſhall have their Portion in the Lake which burneth with fire and Erimstone: And of Levit. 18. 23. cap. 20. 15, 16. If a man lye with a Beaſt, he ſhall be ſurely put to death, and he ſhall ſlay the Beaſt: And if a woman approach unto any Beaſt, and lye downe thereto, thou ſhalt kill the woman and the Beaſt, they ſhall ſurely be put to death, their blood ſhall be upon them. Fiftly, the Magiſtrates ggRom. 13. 4. 1 Pet. 3. 15.Rom 13:41 Pet 3:15are but Gods Miniſters, Avengers, Deputies, to execute wrath hhExod. 22. 28 Pſal. 82. 1. 6Exod 22:28Ps 82:1Ps 82:6upon all evill doers: whence in Scripture they are called kk2. Chron. 9. 8 Pſal. 138.2 Chr 9:8Ps 138Gods, ſaid to ll2 Chro. 19. 62 Chr 19:6ſit on Gods Throne, and to judge for the Lord: Therefore certainly they may and ought to puniſh all ſins directly acted againſt God, whoſe Deputies they are, rather and more ſeverely then any other; as Judges and Kings Vicegerents puniſh all high Treaſons or Offences (not the King alone in perſon) committed directly againſt the King himſelfe, and that with greater care then any offences againſt other perſons: and Councels of Warre puniſh offences againſt the General himſelf, more exemplarily then againſt inferiour Officers; which if this hold good, they could not intermeddle with. We read, John 19. 12. 13. That when Pontius Pilate would have releaſed our Saviour Chriſt; the Jewes cryed out ſaying; if thou let this man goe, thou art not Ceſars friend; whoſoever maketh himſelfe a King, ſpeaketh againſt Caeſar. When Pilate therefore heard that ſaying, he brought Jeſus forth, and ſate downe on the Judgment-ſeat, and delivered him ever to the chiefe Prieſts to be crucified, who ſaid, we have no King but Caeſar: Certainly I may much more truly ſay, that thoſe Princes, Judges, Magiſtrates, who are Gods Deputies, and ſit upon p. 155his Throne of judgment, are no friends at all to God, and kk…ettul. Apolog. p. 673.leſſe zealous for him then Pilate was for Caeſar; if they doe not with all care and zeale puniſh ſuch Atheiſts, Blaſphemers, Hereticks, moſt ſeverely, who ſinne immediately againſt that God, whoſe very Vicegerents and Avengers they are, and it ſhall be more intolerable for them at the day of judgment, then for any Judge or Viceroy, who wilfully refuſeth to puniſh high Treaſon againſt his earthly Soveraigne, which is no leſſe then high Treaſon in himſelfe. I ſhall ſay no more to this Objection, but that it is fitter for Beaſts, then rationall men; for incarnate Devils, Atheiſts, then ſpirituall Saints; for God-dammee Cavaliers, then Parliament-Troopers, who deſerve to be boared through the Tongue, or rather to have their Tongues cut out, for ſuch blaſphemous arguments, in favour of blaſphemy.

The thirteenth Objection is this, llA Reply of … two of the Brethren to A. S. p. 58 and Maſter Goodwins Thormachia.Repentance to the acknowledgment of the Object. 13.Truth being a ſpecial gift of God, and man not capable of it (nor of any divine ſupernaturall truth, not revealed by the very light of nature;) it is very unreaſonable that the want of it, being a judgment upon a man from God, and which withall no way proves hurtfull unto others (at leſt not neceſſarily or unavoydably hurtfull) that it ſhould expoſe him to further miſery and puniſhment from among men; a reaſonable man will think it very hard and unreaſonable to puniſh a man for not doing that, which is onelyonly proper and in the power of God alone to doe.

I anſwer, that this is one of John Goodwins Atheiſticall reaſons againſtAnſw. the Magiſtrates juriſdiction to puniſh Hereticks, Schiſmaticks, Antitrinitarians, or Denyers of the Deity of Chriſt and the holy Ghoſt, with corporall and capitall puniſhments, borrowed from mmAug Contr. Lit. Petil. l. 2.Petilian the Donatiſt, warranted by no Text at all, and directly contrary to the whole current of Scripture, as I ſhall prove by theſe inſtances. Firſt, if this argument holds good, then no man can in any reaſon be puniſhed or damned either for originall ſinne, or unbeliefe, or want of repentance, faith, or any other ſaving grace, becauſe it it not in mans owne power, induſtry or ſeeking to avoyd theſe ſinnes, or procure theſe ſaving graces, but onelyonly in the **Epheſ. 2. 8. 2 Tum 2. 25. Phil. 2. 13.Eph 2:8Eph 2:2Phil 2:13power of God to work them; yet God puniſheth theſe unavoydable ſins, and want of theſe ſpiritual graces, with eternal death. Secondly, the want of the grace of God hardens mens hearts, nnRom. 3. 10, to 19. Gen. 20. 9.Rom 3:10–19Gen 20:9& the defect of his fear before their eyes (which is not in their power, but Gods) is one principall cauſe, why men commit or fall into any capitall ſins, as Treaſon, Murder, and the like, as well as cōmit and fall into Hereſie, Schiſm, Blaſphemy, Atheiſm, Idolatry; But the want of Gods grace or feare to prevent Treaſon or Murder, will not excuſe Traytors, Murderers, or other Malefactors from the Gallowes; nor Children, nor Servants from their Parents and Maſters due correction: therefore not Hereticks, Idolaters, Blaſphemers, Atheiſts, Schiſmaticks from due puniſhments. Thirdly, admit it would be hard and very unreaſonable for a Chriſtian Magiſtrate to puniſh any Heathen who never enjoyed the meanes of Chriſtianity, nor profeſſed the Chriſtian Religion, for not beleeving in Chriſt or the holy Ghoſt, or for contradicting any truths revealed onelyonly by the light of Scripture not nature; ſince as many as p. 156have ſinned without the written Law, ſhall be judged without the written Law, onelyonly for breach of the Law of nature, as **See Pe…e Ma…, Paraus, Soto, Pererius, Willet, Marlo… in Rom. ….Divines determine from Rom. 2. 12, to 17. Yet ſince Chriſtians who profeſſe Chriſtianity have the light of the Scripture to direct them, which by diligent reading, hearing, prayer, meditating, conference, (to which they are obliged, and which lyes in their owne power) they may fully underſtand, ſo farre as to diſcerne between Hereſie, Error, Blaſphemy, and the Truth it ſelfe: it is as great reaſon, juſtice, that the Chriſtian Magiſtrate ſhould puniſh them with corporall (and in ſome caſes with capitall) puniſhments, as God with eternall, for broaching damnable Hereſies, Errors, Blaſphemies and Schiſmaticall opinions againſt the written Word, or, as to puniſh Heathens or Chriſtians for any offence committed by them meerly againſt the Law of nature, which is nothing ſo cleere and perſpicuous to Heathens, as 2 Pet. 1. 19. Pſal. 119. 105 S… Willet on… Rom. 2. qu. 28 …0 ….2 Pet 1:19Ps 119:105Rom 2the Scripture is or may be unto Chriſtians. Fourthly, admit the Objection ſolid, yet it is nothing to purpoſe; ſince the Magiſtrate never puniſheth any man for his meer ignorance or unbeliefe, as is pretended (though Eccleſiaſticall Officers doe by ppSee the late Ordinances for Suſpention from the Sacrament.ſuſpention from the Sacrament, and I think Maſter Goodwin too, againſt this very argument, which holds as well in Eccleſiaſticall as Secular puniſhments) but onelyonly for actuall maintaining or venting damnable qq… Pet. …. 1.Heteſies, Errors, Blaſphemies and Schiſmaticall practiſes, after admonitions and other meanes uſed to reclaime them: Therefore the Objector might well have kept this rover in his quiver, which comes not …eer the mark. Fiftly, Hereſies, Blaſphemies, Errors, Schiſmes, are exceeding prejudiciall to others, and Gods eternall puniſhing of them hereafter, is no ſuperſedeas to the Magiſtrates cenſures of them here, as I have formerly evidenced. Therefore this Argument is both falſe and idle.

The fourteenth Objection is this; That rrA Reply of two of the Brethren to A. S. …. 59▪ 60.power is very dangerous for a Object. 14.Magistrate to owne; in the exerciſe whereof, he may very eaſily (and commonly doth) run a hazard (at leſt) of fighting againſt God, or of plucking up that which he hath planted, or of pulling downe that which God hath built up: But ſuch is that power of puniſhing Hereſies, Sciſmes, Blaſphemies, &c. which A. S. cum multis aliis, are ready to fasten upon him; Ergo. The propoſition is too much every mans ſenſe and conſent, to be A. S. his diſſent: The Aſſumption he proves, becauſe thoſe practiſes in Religion which the Magistrate is borne in hand, by thoſe whoſe eyes be ſees with in ſuch caſes, to be ſchiſmaticall, erronious and contrary unto God, may very poſſibly be the wayes and truths of God, becauſe Synods, Parliaments and Magistrates formerly have mistaken in this kind, and may ſtill mistake.

I anſwer, firſt, that the propoſition is not onelyonly without, but againſtAnſw. Scripture, and might have been made againſt the Magiſtrates and peoples puniſhing Idolatry, Blaſphemy, with other e…rots under the Law, as well as under the Goſpel. Secondly, it utterly ſubverts all Magiſtracy whatſoever; for as a Magiſtrate may poſſibly fight and ſinne againſt God through… Exod. 23. 2, …. Amos 5. 7. c. 6. 12. Heb. 1 … Eccleſ. 3. 16▪Exod 23:2Amos 5:7Heb 1Eccl 3:16 error and miſtake, in puniſhing Hereſie, Schiſm, Blaſphemy, &c. ſo likewiſe he may through ignorance, miſinformation, bribes, affection, feare, hatred, Superiours commands, and the like, wreſt Judgment, and judge, p. 157puniſh men unjuſtly, not onelyonly criminally or civilly, but capitally too, and ſo draw upon him the guilt of ttDeut. 27. 25. Pſal. 10. 8. & 94. 21.Deut 27:25Ps 10:8Ps 94:21innocent blood: Ergo, it is unlawfull for any man to be a Magiſtrate or Judge between man and man, much more to be a King, whoſe exerciſe of his ſupream authority is uſually liable to more dangerous ſinnes, corruptions, manifold temptations, abuſes and dangers of fighting againſt God, then other inferiour Officers. Secondly, this reaſon militates againſt all other Callings and Profeſſions whatever, which have their proper ſinnes, temptations that attend them; but eſpecially againſt the Miniſtry, who are far more apt to vv… Cor. 2. 17. Acts 20. 29, 30 2 Pet. 2. 1. 1 Cor. 6. 9. to the end.Acts 20:29Acts 20:302 Pet 2:11 Cor 6:9broach Errors, Hereſies, Schiſmes, to fight againſt God and his Truth, then Magiſtrates, as the Objector hath done for many yeers together, both in the Preſſe and Pulpit: Therefore this Cretenſis (if he credit his owne argument) muſt henceforth give over his preaching, writing, conventicling, for feare of fighting every day more and more againſt God, his Truth, People; ſince like xx2 Tim. 3. 13.2 Tim 3:13evill men and ſeducers, he grow every day worſe and worſe, more hereticall and erronious, and at laſt is like to turne either Atheiſt or nothing. Thirdly, it fights againſt the performance of all holy duties, there being a great deale of danger in performing them; our prayec…s yyPſal. 109 7. Prov. 28. 9.Ps 109:7Prov 28:9may be turned into ſinne, the Word it ſelfe may be the zz2 Cor. 2. …, 16. Joh. 12. 482 Cor 2John 12:48ſavour of death unto us, and condemne us at the laſt; yea, we may aa1 Cor. 11. 29 34.1 Cor 11:29eat and drink our owne damnation at the Lords owne Table, as many doe: Ergo, by Maſter Goodwins Argument, we muſt abandon all holy duties, in regard there are ſuch dangers in them to our ſoules; and then farewell all Religion and the Scriptures too, which bb2 Pet. 3. 16.2 Pet 3:16many wreſt to their owne confuſion. Fourthly, the danger of any lawfull power or calling, muſt not take away nor ſuſpend the lawfull uſe thereof; and this danger in the Magiſtrates calling muſt make him more cautious in doubtfull caſes of Hereſie, Blaſphemy, Error, Schiſme, but not more negligent or leſſe zealous in ſuch as are cleer and evident to his conſcience, by the light of Scripture and conſent of all Ages, Churches. Fiftly, for his aſſumption, it holds onelyonly in doubtfull caſes, not in plaine and apparent, as moſt caſes of Idolatry, Blaſphemy, Hereſie, groſ…e Error and Schiſme are, which the Magiſtrate may boldly proceed to puniſh without ſcruple: and in doubtfull caſes, the Magiſtrate is to reſolve his owne conſcience fully the beſt he may, and to proceed with more deliberation, mildneſſe; and if at laſt he be throwly convinced, that what the Delinquents deem to be truth, and agreeable to the Word, be apparent Hereſie, Error, Idolatry, Schiſme, his owne conſcience then, not theirs, muſt be his rule to proceed by; neither muſt he wound his owne conſcience, nor betray his liberty, truſt, to ſpare them or their Hereſies, Errors, Schiſmes, Blaſphemies, Idolatries, no more then he may ſpare Traytors, Murderers, Theeves, Sorcerers, who deem themſelves innocent, o… pretend conſcience to juſtifie their crimes: But I have already refuted this Argument, more largely in my Anſwer to former Objections, I therefore paſſe to the next.Object. 15.

The fifteenth Objection is this; ccA Reply of two of the Brethren to A. S. p. 6….That power which was never attributed to any Chriſtian Magistrate, by any Christian, but onelyonly by thoſe who had very good aſſurance, p. 159that it ſhould be uſed fer them and on their ſide, is not like to be a power conferred on them by divine right, or by God, becauſe it is no wayes credible, that within the compaſſe of ſo many Ages, as are by gone, no one man of that conſcientious generation of Saints, which hath been wont ſo frequently to deny it ſelfe, even unto death, ſhould acknowledge ſuch a power in the civill Magistrate, as did by divine right belong unto him, onelyonly becauſe ſuch an acknowledgment was like to make againſt himſelfe: But that coercive power in matters of Religion for the ſuppreſſing of Errors, Schiſmes, Hereſies, &c. was never attributed to the civill Magistrate by any Christian, but onelyonly by thoſe who were very confident, that it would be uſed for their turnes, and effect their deſires: Ergo, he ought not to claime it.

To this I anſwer: firſt, that this very Argument is built upon meer humaneAnſw. reaſon, without any ſhadow of Scripture to warrant it, and is a meere ſurmiſe of a crazy atheiſticall braine, to elude, yea contradict direct Texts of Scripture; by which kind of argumentation both the Scripture and Deity it ſelfe may be ſubverted by luxuriant wits. Secondly, this Arguer playes the hypocrite againſt his owne judgment and conſcience tacitely confeſſing, that if the civell Magiſtrote would be for him, to ſet up Independency, and not againſt him, he would plead as hotly for his authority and coercive power, as any Presbyterian; but becauſe he conceives the Parliament and Magiſtra…es are againſt his way, therefore he pleads againſt their coercive power to ſuppreſſe it, as the ddCoutr. Lit. Petil. lib. 2.Donatiſts did of old upon this very ground, who made uſe of Julian the Apoſtates Edicts againſt the orthodox Chriſtians, to reſtraine them, but condemned Conſtantines Lawes to reſtraine themſelves: as is evident by S^t Auguſtines forecited paſſages; yea, our Independents at firſt ſeemingly pleaded for the Parliaments and civill Magiſtrates coercive power, whiles they had any hopes to make uſe thereof eeSee Maſter Edwards his Antipologias, p. 157, 158.for the advancement of their owne Party, as the ffVoetius ſelect. Diſp. de Quaeſt. In quibus ſit poteſtas Eccleſ. Theſ. 1. 4. & 5. Vedelius de Epiſcopam Conſtantin. Mat. p. 3, 4, 5, 6.Arminians did in Holland, till the States declared againſt them, and then they retracted what they had written in defence of their coercive, corrective power, and writ expreſly againſt it: Thus the g Independents and Anabaptiſts doe now: God defend us from ſuch groſſe Hypocrites and Turn-coots as this changling Objector, who will be ſure to ſtrike in, and make uſe of the prevailing Party, if he conveniently may. Thirdly, Theeves, Wolves, Foxes, yea all kind of hurtfull men and creatures, might make the very ſelfe ſame argument as this Objector doth: no Theeves, but onelyonly true men who thought the Judges ſure on their party, did ever hold it lawfull for Judges to condemne and hang men for ſtealing a little money or goods to ſupply their wants; Ergo, no Judge ought to claime or execute ſuch a power: No… See Maſter Bailie… Diſſwaſive from the errors of the Tim. 5, c. 6. p. 124, … 150. Wolf or Fox did ever hold it lawfull for any Shepheard to hunt, take or kill them, for killing and devouring their Lambs or Sheep, becauſe they did it by an inſtinct of nature, according to their naturall genious, onelyonly to fill their bellies, and ſatisſie hunger, but only Shepheards and Sheepmaſters; Ergo, it is unlawfull for any to hunt, take or kill them: No Adulterer, Whoremaſter or Drunkard will averre; that it is lawfull for the Magiſtrate to puniſh them for Adultery, Whoredome or Drunkenneſſe, p. 158becauſe they committed them onelyonly to ſatisfie their beloved Luſts, and pleaſe their carnall appetites; but onelyonly chaſte and ſober men: Ergo, it is not lawfull for the Chriſtian Magiſtrate to reſtraine and puniſh Whoremaſters, Adulterers, Drunkards for theſe Sinnes, Vices, luſts: Certainly ſuch an Argument would quite ſubvert all civill puniſhments whatſoever, for Ʋnuſquiſque ſui ipſius iniquus Index, eſpecially carnall men in all caſes which concerne their beſt beloved ſinnes. And thus much in anſwer to his Major. Fourchly, for his Minor, it is a moſt arrogant, falſe aſſertion, wherein the Objector (who never read one quarter of all Books written of the Magiſtrates power, much leſſe the hearts and ſecret thoughts of every conſcientious Chriſtian that ever lived under the power of Chriſtian Magiſtrates) dares confidently averre, That a coercive power in Magistrates was never acknowledged by any Christian whatſoever, but onelyonly thoſe who were well aſſured it would be uſed for their turne. When this pretending Omniſcience can demonſtrate this over-bold aſſertion to be true, we may credit his Argument, till then, we muſt reject both him and his argument as falſe and groundleſſe. Fiftly, ggMat. 22, 21. c. 10. 18, 19.Matt 22:21Chriſt himſelfe, together with his Apoſtles, hhRom. 13. 1, to 6. 1 Tim. 2. 1, 2. Tit. 3. 1. i 1 Pet. 3. 14, 15. 2 Pet. 2. 10. 11, 12.Rom 13:1–61 Tim 2:11 Tim 2:2Titus 3:11 Pet 3:141 Pet 3:152 Pet 2:102 Pet 2:112 Pet 2:12Paul and i Peter, acknowledged ſuch a coercive power in the civill Magiſtrate, as I have proved, though they beleeved it would be uſed againſt themſelves and their followets, as it was: the like did Augustine, with ſundry other Authors forecited, and all Chriſtian Churches at this very day; yea, Cyprian, Luther, Melancton, Zuinglius, and others, who lived in the times of perſecution, did the like, as I have formerly proved: therefore the contrary groundleſſe aſſertion of this over-confident Arguer, is moſt falſe, impious, and his Argument moſt infirme which is grounded principally upon it.

The ſixteenth Objection is this; kkA Reply, &c p. 61.That power which in the exerciſe of it, Object. 16.directly tends to prevent, hinder or ſuppreſſe the growth or encreaſe of the light of the knowledge of God and Jeſus Chriſt in a Church or STATE, and the reformation of ſuch things either in Doctrine or Diſcipline, as are unwarrantable therein; is not (QƲESTIONLES) of any divine Right or Institution: If A. S. deny this propoſition, at the perill of his modesty and reputation be it: But ſuch a power in the civill Magistrate for ſuppreſſing Errors, Schiſmes, Hereſies, &c. in Religion, directly tends to all the miſchiefe and inconvenience in the world: Ergo. The evidence of the aſſumption is this, When men are obnoxious to the ſtroke of the civill power, and in danger of ſuffering deeply from the Magistrate for any thing they ſhall hold or practice in Religion contrary unto him; it muſt needs be a great temptation and diſcouragement upon them from ſearching and enquiring into the Scriptures, after a more exact knowledge of the good and holy, and perfect will of God in things, becauſe in caſe he ſhould diſcover any thing contrary to what the Magistrate profeſſeth, he muſt run the bazard either of with-holding the Truth he ſo diſcerned, in unrighteouſneſſe, and ſo of having both God and his owne conſcience his enemy; or elſe of having his bones broken by the iron red of the civill Magistrate, for making profeſſion of any thing contrary to that he profeſſeth.

To this I anſwer, firſt, that this Argument, as the former, is groundedAnſw. p. 160upon falſe carnall reaſonings and principles, warranted by no Scripture, to contradict the coercive power of Magiſtrates, warranted by expreſſe Scriptures. Secondly, the propoſition may very well be denied by A. S. or any other, without the perill of his modeſty or reputation (the utmoſt hazard he ſhall incurre by the Objectors confeſſion) I am certaine without any danger to his ſoule or conſcience; elſe we muſt deny the very office and exerciſe of Kingly, and all other Supreame Civill or Eccleſiaſticall powers (here ſecretly ſtruck at) becauſe in the abuſed exerciſe thereof they uſually tend, not onelyonly to prevent, hinder, ſuppreſſe the growth & encreaſe of the knowledge of God and Jeſus Chriſt in a Church and State, with the reformation of ſuch things in Doctrine or Diſcipline as are unwarrantable therein; yea, commonly degenerate into oppreſſion, tyranny, cruelty and injuſtice to boot, as is evident by Pſal. 2. 2, &c. Acts 4. 25, to 30. Matth. 10. 17, to 29. cap. 24. 9, 10. and the Hiſtories of all Ages: Upon which ground the mmSee Melancton, Loc. Communes, Arctius Problemata, Tit. de Magiſtratu civili Lucas Oſiander Enchirid Cont. cum Anabaptiſtis, c 9.Anabaptiſts and ſome of our new Saints of their ſpawning, condemne all Monarchy and Magiſtracy (as the Objectors cunningly do.) Thirdly, I anſwer, that the abuſe of any lawfull power or inſtitution, doth not nullifie the power or inſtitution it ſelfe, if divine or neceſſary (as the Magiſtrates is) nor the lawfull exerciſe thereof: therefore this accidentall abuſe of the Magiſtrates coercive power (the ſinne and fault of the perſons that manage it onelyonly, not of the power it ſelfe) cannot invalid or nullifie the exerciſe of it, no more then the abuſe of preaching and arguing abrogate their lawfull uſe; nor the common abuſe of eating and drinking, to ſurfeting and drunkenneſſe, or of apparell to pride, make the things themſelves, or the right uſe of them, evill. Fourthly, the aſſumption is falſe, contrary to expreſſe Scriptures, as Iſa. 49. 23. 2 Tim. 2. 1, 2. yea the puniſhment of reall Hereſies, Errors, Schiſmes, Blaſphemies (the onelyonly thing in diſpute) by godly Chriſtian Magiſtrates, can never involve them in the objected danger, and tends onelyonly to prevent the Objectors miſchiefs, and to the remotion, ſuppreſſion of thoſe miſts of Hereſie, Error, Blaſphemy, which would eclipſe the light, the knowledge of God & Jeſus Chriſt in Church, State, and helps to reforme things amiſſe in Doctrine and Diſcipline, as experience with all Eccleſiaſticall Hiſtories, and the Chronicles of the good Kings of Judah and Iſrael manifeſt. Therefore this Objection muſt needs be exploded as moſt falſe and dangerous by all good men. Fiftly, fear of puniſhing Hereticks, Schiſmaticks, falſe Teachers and Blaſphemers, will never retard nor diſcourage any Orthodox Chriſtian from ſearching and enquiring into the Scriptures, after more exact knowledge of the good and perfect will of God, as is falſly alleaged; but rather inſtigate them to ſuch a ſearch: and if any accidently by ſuch fear of puniſhment be deterred from ſuch an enquiry into the Scriptures, and induced to with-hold the truth in unrighteouſneſſe, it is their owne ſinne, not the Magiſtrates, nor the fault of his coercive power rightly managed, yea no true Saints of God, but onelyonly Hypocrites, and ſuch falſe Saints as the Objectors are, will be deterred from ſearching the Scriptures, and induced p. 161to with hold the truth in unrighteouſneſſe by any humane power whatſoever, as is evident by the example of the Apoſtles, Acts 4. & 5. of the three Children and Daniel, Dan. 3. & 6. of Paul himſelfe, Acts 20. 23, 24. cap. 21. 11, 12, 13, 14. and by Cel. 1. 27, 28, 29. Hebr. 10. 32, 33, 34. Rom. 5. 3, 4, 5. This Argument therefore muſt vaniſh into nothing before theſe Scriptures, and ſhame the Author of it.