that retractation than his first opinion: for his saying of ❝nullis bonis placet," was as true as the thing was reasonable it should be so. Witness those known testimonies of Tertullian, Cypriand, Lactantius, St. Jerome, Severus Sulpicius, Minutius", Hilary', Damascenus*, Chrysostom', Theophylactm, and Bernard";" and divers others, whom the reader may find quoted by the Archbishop of Spalato, lib. 8. de Rep. Eccl. c. 8. 10. Against this concurrent testimony my reading can furnish me with no adversary, nor contrary instances, but in Atticus of Constantinople, Theodosius of Synada, in Stacius and Ursatus before reckoned. Only indeed some of the later Popes of Rome began to be busy and unmerciful: but it was then when themselves were secure, and their interests great, and their temporal concernments highly considerable. 11. For it is most true, and not amiss to observe it, that no man who was under the ferula, did ever think it lawful to have opinions forced, or heretics put to death; and yet many men, who themselves have escaped the danger of a pile and a faggot, have changed their opinion just as the case was altered, that is, as themselves were unconcerned in the suffering. Petilian, Parmenian, and Gaudentiuso, by no means would allow it lawful, for themselves were in danger, and were upon that side that is ill thought of and discountenanced: but Gregory and Leo", Popes of Rome, upon whose side the authority and advantages were, thought it lawful they should be punished and persecuted, for themselves were unconcerned in the danger of suffering. And therefore St. Gregory commends the Exarch of Ravenna for forcing them who dissented from those men who called themselves the church. And there were some divines in the lower Germany, who upon great reasons spake against the tyranny of the inquisition, and restraining prophesying, who yet, when they had shaken off the Spanish yoke, began to persecute their brethren. It was unjust in them, in all men unreasonable 1 In cap. 13. Matt. hom. 4. n In verba Apost. fides ex auditu. e Lib. 5. c. 20. g In vit. S. Martin. k 3. Sect. c. 32. m In Evang. Matt. Apud Aug. 1. 1. c. 7. cont. Ep, Parmenian. et 1. 2. c. 10. cont. tit. Peti P Ep. 1. ad Turbium. 9 Lib. 1. Ep. 75. and uncharitable, and often increases the error, but never lessens the danger. 22. But yet although the church, I mean in her distinct and clerical capacity, was against destroying or punishing difference in opinion, till the Popes of Rome did superseminate and persuade the contrary; yet the bishops did persuade the emperors to make laws against heretics, and to punish disobedient persons with fines, with imprisonment, with death and banishment respectively. This indeed calls us to a new account. For the churchmen might not proceed to blood nor corporal inflictions, but might they not deliver over to the secular arm, and persuade temporal princes to do it? For this I am to say, that since it is notorious that the doctrine of the clergy was against punishing heretics, the laws which were made by the emperors against them, might be for restraint of differing religion in order to the preservation of the public peace, which is too frequently violated by the division of opinions. But I am not certain whether that was always the reason, or whether or no some bishops of the court did not also serve their own ends in giving their princes such untoward counsel; but we find the laws made severally to several purposes, in divers cases and with different severity. Constantine the emperor made a sanction, "Ut parem cum fidelibus ii, qui errant, pacis et quietis fruitionem gaudentes accipiant." The The emperor Gratian decreed, "Ut quam quisque vellet religionem sequeretur, et conventus ecclesiasticos semoto metu omnes agerent." But he excepted the Manichees, the Photinians, and the Eunomians. Theodosius the elder made a law of death against the anabaptists of his time, and banished Eunomius, and against other erring persons appointed a pecuniary mulct; but he did no executions so severe as his sanctions, to shew they were made in terrorem' only. So were the laws of Valentinian and Martian, decreeing 'contra omnes qui prava docere tentant,' that they should be put to death; so did Michael the emperor: but Justinian only decreed banishment. 13. But whatever whispers some politics might make to their princes, as the wisest and holiest did not think it lawApud Euseb. de vita Constant. s Vide Socr. 1. 7. c. 12. Vid. Cod. de hæretic. L. Manich. et Leg. Arriani, et 1. Quicunque. Apud Paulum Diac. 1. 16. et 1. 24. ful for churchmen alone to do executions, so neither did they transmit such persons to the secular judicature. And therefore when the edict of Macedonius the president was so ambiguous, that it seemed to threaten death to heretics, unless they recanted; St. Austin admonished him carefully to provide, that no heretic should be put to death, alleging it not only to be unchristian, but illegal also, and not warranted by imperial constitutions; for before his time no laws were made for their being put to death; but however he prevailed that Macedonius published another edict, more explicit, and less seemingly severe, But in his epistle to Donatus the African proconsul he is more confident and determinate; "Necessitate nobis impactâ et indictâ, ut potiùs occîdi ab eis eligamus, quàm eos occidendos vestris judiciis ingeramus.” 14. But afterward, many got a trick of giving them over to the secular power; which at the best is no better than hypocrisy, removing envy from themselves, and laying it upon others; a refusing to do that in external act which they do in counsel and approbation; which is a transmitting the act to another, and retaining a proportion of guilt unto themselves, even their own and the others too. I end this with the saying of Chrysostom, " Dogmata impia et quæ ab hæreticis profecta sunt, arguere et anathematizare oportet; hominibus autem parcendum, et pro salute eorum orandum "." SECTION XV. How far the Church, or Governors, may act to the restaining false or differing Opinions. BUT although heretical persons are not to be destroyed, yet heresy, being a work of the flesh, and all heretics criminal persons, whose acts and doctrine have influence upon communities of men, whether ecclesiastical or civil, the governors of the republic or church respectively, are to do their duties in restraining those mischiefs, which may happen to their several charges, for whose indemnity they are answerable. And therefore, according to the effect or malice of the doctrine or the person, so the cognizance of them belongs to " Serm, de Anathemate. several judicatures. If it be false doctrine in any capacity, and doth mischief in any sense, or teaches ill life in any instance, or encourages evil in any particular, de noroμLÍČEN these men must be silenced,' they must be convinced by sound doctrine, and put to silence by spiritual evidence, and restrained by authority ecclesiastical, that is, by spiritual censures, according as it seems necessary to him, who is most concerned in the regiment of the church, For all this we have precept, and precedent apostolical, and much reason. For, by thus doing, the governor of the church uses all that authority that is competent, and all the means that is reasonable, and that proceeding which is regular, that he may discharge his cure, and secure his flock. And that he possibly may be deceived, in judging a doctrine to be heretical, and by consequence, the person excommunicate suffers injury, is no argument against the reasonableness of the proceeding; for all the injury that is, is visible and in appearance, and so is his crime. Judges must judge according to their best reason, guided by law of God as their rule, and by evidence and appearance as their best instrument; and they can judge no better. If the judges be good and prudent, the error of proceeding will not be great nor ordinary; and there can be no better establishment of human judicature, than is a fallible proceeding upon an infallible ground. And if the judgment of heresy be made by estimate and proportion of the opinion to a good or a bad life respectively, supposing an error in the deduction, there will be no malice in the conclusion; and that he endeavours to secure piety according to the best of his understanding, and yet did mistake in his proceeding, is only an argument that he did his duty after the manner of men, possibly with the piety of a saint, though not with the understanding of an angel. And the little inconvenience that happens to the person injuriously judged, is abundantly made up in the excellency of the discipline, the goodness of the example, the care of the public, and all those great influences into the manners of men, which derive from such an act so publicly consigned. But such public judgment in matters of opinion must be seldom and curious, and never but to secure piety and a holy life; for in matters speculative, as all determinations are fallible, so scarce any of them are to purpose, nor ever able to make com pensation of either side, either for the public fraction, or the particular injustice, if it should so happen in the censure. 2. But then, as the church may proceed thus far, yet no Christian man or community of men may proceed farther. For if they be deceived in their judgment and censure, and yet have passed only spiritual censures, they are totally ineffectual, and come to nothing; there is no effect remaining upon the soul, and such censures are not to meddle with the body so much as indirectly. But if any other judgment pass upon persons erring, such judgments, whose effects remain, if the person be unjustly censured, nothing will answer and make compensation for such injuries. If a person be excommunicate unjustly, it will do him no hurt; but if he be killed or dismembered unjustly, that censure and infliction are not made ineffectual by his innocence, he is certainly killed and dismembered. So that as the church's authority in such cases so restrained and made prudent, cautelous and orderly, is just and competent; so the proceeding is reasonable, it is provident for the public, and the inconveniences that may fall upon particulars so little, as that the public benefit makes ample compensation, so long as the proceeding is but spiritual. 3. This discourse is in the case of such opinions, which, by the former rules, are formal heresies, and upon practical inconveniences. But for matters of question, which have not in them an enmity to the public tranquillity, as the republic hath nothing to do, upon the ground of all the former discourses; so if the church meddles with them where they do not derive into ill life, either in the person or in the consequent, or else are destructions of the foundation of religion which is all one (or that those fundamental articles are of greatest necessity in order to a virtuous and godly life, which is wholly built upon them, and therefore are principally necessary) if she meddles farther, otherwise than by preaching and conferring and exhortation, she becomes tyrannical in her government, makes herself an immediate judge of consciences and persuasions, lords it over their faith, destroys unity and charity and as he that dogmatises the opinion, becomes criminal, if he troubles the church with an immodest, peevish, and pertinacious proposal of his article, not simply necessary; so the church does not do her duty, if |