Common Places, Part 2 · Chapter 10 · Section 5
Of Rauine, or violent taking awaie.
In Iudges. 21. about the end.27 This word Raptus, Rauine, in the Hebrue commeth of Chatath. The Gréekes ſaie, foreign; the Latins Rapere, which is, To take awaie by violence; not after euerie maner of ſort, but as it were by a certeine furie and great violence. Wherein rape differeth from their.Wherefore rauine differeth from theft; bicauſe theft may be committed ſecretlie & without violence. For which cauſe, in the Digeſts De iureiurando, in the lawe Duobu… reis, it is written; If a man ſweare he hath not taken anie thing awaie violentlie, yet is he not ſtraitwaie quit of theft. For although that thing, which a man dooth, be not rauine; yet it may be theft. So the ciuill lawe putteth a difference betwéene theft and rauine. But to what things rauine perteineth, it is mentioned in the Digeſts, De conditione triticiaria, in the lawe the firſt. Things immooueable, as houſes, lands, & farms are entred vponupon: but thoſe, which be mooueable, as things not hauing life, beaſts & men are violentlie taken awaie. Howbeit, What kind of rapt is here intreated of.we treate here of the violent taking awaie of things mooueable: yet neuertheles, not of all, but of mens bodies, that are by violence taken awaie for luſts ſake. This is another kind of rauine, but not proper, which Auguſtine toucheth in the 19. ſermon De verbis apostoli: and it is mentioned in the Decrées, Auguſtine.14 cauſe, queſtion the fift, in the chapter Si quid inuenisti, where he ſaith, that things, which be found, muſt be reſtored. Which if thou doo not, thou haſt taken them awaie forceablie; forſomuch as thou haſt doone what thou couldeſt: ſo that if thou haddeſt found more, thou wouldeſt hauehave taken awaie more.
There the Gloſſer verie well declareth, What is to be doone concerning things found.what is to be doone with things that be found. Either (ſaith he) the ſame are counted for things caſt awaie: as if the owner hauehave caſt awaie anie thing, the ſame, if a man reteine, when he hath found it, he committeth not theft; but if that thing, which is found be not forſaken, neither thought to be caſt awaie willinglie by the owner (as when a ring is found, or a purſe, or anie ſuch thing, which is not woont to be caſt awaie) if thou deteine it, it is theft, vnles thou kéepe it by thée with a mind & will to reſtore it againe. So then, thou muſt openlie tell that thou haſt found theſe things, whereby the owner may come to his owne againe; as it is decréed in the Digeſts De furtis, in the lawe Falſus, in the Paraph, Qui alienum. But if thou kéepe it by thée, with a mind not to reſtore it, it is theft. And this dooth Auguſtine in the place now alledged reprooue. The verie ſame is decréed in the Code De theſauro, in the lawe Nemo, and in the inſtitutions De rerum diuiſione, where it is ordeined; that If a man find treaſure in his houſe or ground, it ſhall be his that findeth it. Howbeit, if he find it in another mans ſoile, either he hath gotten it by chance, or elſe he ſought for it. If he hauehave gotten it by chance, let it be diuided betwéene the finder and the owner; but if he ſought for it, the whole muſt be yéelded to the owner. If the place were holie, and the treaſure found by chance, the finder ſhall hauehave it. It is added, Againſt Magike and arts forbidden.that if a man doo ſéeke for treaſure in his owne ground, and thervnto vſe Magike, and arts forbidden; the thing found, ought to be yéelded vntounto the common treaſurie. For he, which by euill meanes hath ſought anie thing, ſéemeth vnworthie to be poſſeſſor thereof. But to returne to Auguſtine, I affirme that which before I ſaid, that it is not properlie rauine, if a man hold backe that which he hath found of an other mans.
And this dooth Origin plainelie declare in his fourth homilie vponupon Leuiticus; Some (ſaith he) will not reſtore that, which they hauehave found: for they ſaie, that God hath giuen it them. Howbeit, whatſoeuer they ſaie, it is a crime like vntounto rauine. He ſaith not, that it is rauine, but a certeine thing like vntounto it. Although we hauehave out of the ciuill lawe diſtinguiſhed theft from rauine, yet may rauine be called theft; but yet ſo, that there be added a violence. In the Digeſts De Furtis, in the law Si vendidero, it is thus written; He that taketh awaie by violence, euerie waie committeth theft, and is an open théefe. But omitting theſe things, let vsus returne to that kind whereof we now intreat. Some hauehave ſaid, that this Latine word Rapere, is nothing els, but Violentlie to lead awaie a maiden from the houſe of hir father, to the end that he diſhoneſting hir, may afterward hauehave hir for his wife. But this definition is not full and abſolute, although it be vſed of the Canoniſts in the 36. cauſe, queſtion 1 chap. Lex illa, in the Paraph Cùm ergo. For in the hiſtorie of iudges, the maidens were violentlie caught awaie, yet were they not taken awaie from their fathers houſe, but out of the féeld or vineyards. Neither is that true, which is added: namelie, To marrie hir, or to hauehave hir to his wife, when he hath diſhoneſted hir: for the mind of him that taketh hir awaie by violence, may be to hauehave hir for his concubine, or t'abuſe hir at his pleaſure, though he take hir not to wife. Further, this forſaid definition onlie maketh mention of maidens, when as yet neuertheleſſe, both married women & widows, frée-maid-ſeruants & bond-maid-ſeruants, & alſo yong children may be violentlie taken awaie. Wherefore the crime extendeth further than that definition dooth import. Onlie harlots ſéem to be exempted; for they are not ſaid to be carried awaie violentlie, although they be taken awaie by force. And certeinelie, it is then no action of violent taking awaie, but of iniuries onelie. But it is ment, that ſuch perſons are violentlie caught awaie from the cuſtodie either of their parents, or of their tutor, gardian, patrone, or lord; to the end there may be vſed an vnlawfull copulation, whether matrimonie followe or no.
Of puniſhments made againſt raptors.28 Now muſt we declare what puniſhments be ordeined for ſuch violent takers. In the Code De Raptu virginum, & viduarum, in the lawe Vnica, Iuſtinian intreateth at large of that matter, & maketh the taking awaie of the perſons, which I hauehave before rehearſed, guiltie of death: ſo that the companions alſo, and they which aſſiſted the raptor, are comprehended in the ſame puniſhment. Neither was that thought to be ſufficient, but there were other puniſhments inuented more gréeuous than death. For it is decréed, that not onlie the iudges and magiſtrates ſhall put him to death; but alſo, if the raptor be taken with the wicked déed dooing, either by the parents, brethren, kinſfolke, tutor, gouernor, lord, patrone, or finallie by him, in whoſe power ſhe is that is taken awaie, they may kill him, and that without anie puniſhment. It is alſo ordeined, that they, which are preſent with the raptor, and defend him in his diſhoneſt act, may alſo be ſlaine without anie danger. One may commit a rapt againſt his owne ſpouſeHe addeth likewiſe, that violent taking awaie is ſometime committed againſt a mans owne ſpouſe: as if one by violence take awaie hir, whom he hath not yet married. And if a man take awaie an other mans wife, he dooth not onelie commit adulterie, but alſo rauine. If the raptor be not ſlaine (as they ſaie) in the verie heate of the crime, he ought afterward to be put to death by the iudges or magiſtrates: and ſo, From raptors is taken awaie the libertie of appealing.that if he appeale vntounto a ſuperiour magiſtrate, he ſhall not be heard. And that (ſaith Iuſtinian) was ordeined by a lawe made by Conſtantine.
Vndoubtedlie it is gréeuous, not to be heard if thou appeale. And that is héere decréed. So great a matter did the ciuill lawes make of rauine. In frée-maid-ſeruants & bond-maid-ſeruants, the puniſhment is ended with death: but if a frée-woman be taken awaie by violence, the goods of the raptor, and of thoſe which be preſent with him, doo turne to hir vſe that is taken awaie. Neither can the raptor giuegive awaie his goods, or bequeath them by his will, but they fall to hir that is ſo taken awaie: and that not onelie for a time, but alſo for euer; in ſuch ſort, that ſhe may either ſeb them, alienate them, or giuegive them for a dowrie. One thing onelie is excepted; to wit, Vnleſſe ſhe that is taken awaie, be afterward married to the raptor. The goods of the raptor were giuen hir vponupon that condition, that ſhe ſhould not marrie him: and the reaſon of the lawe is added; bicauſe in our publike weale, we ſuffer not, that a man ſhould marrie a wife, after the maner of an enimie. For citizens are woont to marrie their wiues, and not to take them violentlie awaie. But what was doone with them, which although they were not preſent at ſuch taking awaie; yet were of counſell thereof: or being witting thereof, vttered it not; or elſe afterward receiued the raptor into their houſe? Iuſtinian decréed, that they indéed ſhuld not looſe their goods; but onlie be put to death. Neuertheles, if a bond-man, or bond-woman were taken, either in committing or aiding this crime, it was commanded that they ſhould be burnt with fire.
In rapt the puniſhment is all one, though the maid conſent.29 But what if a maid will, by hir owne conſent, be taken awaie; yet muſt no part of the puniſhment (ſaith Iuſtinian) be diminiſhed: it is euen all one, whether the woman will or will not. And the reaſon is added; Bicauſe, if the raptor would abſteine from the rapt, it is not verie likelie, that anie woman will offer hir ſelfe, of hir owne accord, to be taken awaie. Wherefore it ſéemeth probable, that ſhe was woone by flatteries and deceits. Yea and the parents of the maiden, if they conſent to the taking awaie, are commanded to be baniſhed. Theſe things Iuſtinian decréeth in the Code: who neuertheleſſe afterward in the Authentiks (where it is intreated of women taken awaie, which marrie the raptor) was compelled to make the lawe anew; bicauſe there were ſome, which cauilled, that if ſhe that was taken awaie did conſent to be married, ſhe might poſſeſſe the goods of the raptor. For ſo they interpreted the firſt lawe, that the goods of the raptor ought to come vntounto hir that was taken awaie, if ſhe married him, or if he in his will made hir his heire. But we (ſaith Iuſtinian) ment no ſuch thing: for our lawes doo not appoint rewards for a wicked crime. Beſides, neither can he make anie will, forſomuch as he is now condemned to die. Neither doo anie of our lawes ſuffer anie ſuch matrimonies to be in force. And if it be no matrimonie, how then can ſhe poſſeſſe the goods of the raptor, in the name of the dowrie? And ſo he decréed, that ſuch matrimonies ſhould not be ratified.
What then ſhall become of the goods of the raptor? If the maid (ſaith he) hauehave parents, which hauehave not therevnto conſented, thoſe goods ſhall come vntounto them; but if they hauehave conſented (as I hauehave alreadie ſaid) they were baniſhed, without anie proprietie of goods or lands. Which kind of puniſhment was much more gréeuous, than plaine exile. But if the maiden had no parents, or had thoſe which conſented, the goods of the raptor were confiſcate to the cōmon treaſurie. By theſe things it appéereth, that in thoſe times rauine was counted deteſtable. Wherevnto I will alſo adde this; If anie daughter had married againſt the will of hir parents, or otherwiſe behaued hir ſelfe wantonlie and vnchaſtlie, it was lawfull for the parents to diſherit hir: as appéereth in the Code De inofficioſo teſtamento, in the lawe Si filiam. This one thing is excepted: If the father knew that the iuſt time of matrimonie was paſt, and would not beſtowe his daughter, then hath he nothing to deale againſt hir, if ſhe marrie without his knowledge, or againſt his will; naie rather, he is compelled to giuegive hir a dowrie, as appéereth in the Code, in the ſame place, in the lawe Si post viginti quinque annos. Whereby it appéereth, that 25. yéeres was the furtheſt time that matrimonie ſhould be driuen off. The ſame is mentioned in the Digeſts, De ritu nuptiarum, in the lawe Qui liberos. Other lawiers determine the ſame thing, if a woman take awaie a man by violence: although they ſaie that happeneth but ſeldome.
30 Now muſt be added the opinion of the Canoniſts, The opinion of the Canoniſts.and what they bring out of the ſcriptures. In the 36. cauſe, queſtion the firſt, Gratian bringeth that definition of rapt, which we hauehave before confuted. But this he addeth: that in rauine, iniurie is ſometime doone to the maiden, and not to the parents; and ſometime to the parents, and not to the maiden: and ſometime to them both. For if the maiden will be taken awaie of hir owne frée will, there is no iniurie doone vntounto hir, but vntounto hir parents: howbeit, if the parents giuegive the man power to take awaie their daughter, bicauſe ſhe will not conſent to marrie him; then there is no iniurie doone vntounto them, but vntounto the daughter. Yet there is iniurie doone to both of them, when the daughter is led awaie from hir parents againſt their will. And in the ſame place he bringeth the Councell of Orleance, The Councell of Orleance.in the chapter De raptoribus, where alſo he confeſſeth, that rauine was woont to be puniſhed with death. But it is further ſaid; that If the raptor take the church, he eſcapeth the puniſhment of death. How then? If the maiden (ſaith he) conſented vntounto the raptor, firſt ſhe ſhall be taken from him, and reſtored to hir parents. Neuertheleſſe, ſhe being excuſed; to wit, a caution being accepted, let hir not be ſlaine or diſherited: but if ſhe conſented not, ſhe is by hir ſelfe ſufficientlie purged: yet ſhall the raptor be compelled to publike penance; as it appéereth in the 36. cauſe, queſtion the ſecond, chapter Raptores. The Councell of Chalcedon and Cabylon.But what if he will not doo penance? He ſhall be excommunicated, according to the Cabylon and Chalcedon Councell.
Notwithſtanding, if he doo penance, he ſhall be puniſhed by the purſſe. And herein they ſaie that they followe the word of God, which is written in Deuteronomie the 22. chapter; Deut. 22, 28If a man diſhoneſt a maiden, he ſhall giuegive vntounto hir father fiftie ſickles, and ſhall take hir to wife. And ſo they condemne the raptor to paie a certeine ſumme of monie vntounto the parents of the maiden: the which ſumme if he will not paie, or hath not wherewithall, he is driuen to ſerue the father of the maiden for certeine yéeres (which the Gloſſer contriueth into fiue:) vponupon this condition, that in the meane time he may redéeme himſelfe if he will. It is added alſo; If they conſent togither, the matrimonie is firme, ſo that the father agrée therevnto. And that theſe matrimonies may be firme betwixt the raptor, and hir that is taken awaie. It alſo appéereth by the Decretals De raptoribus & incendiarijs, in the chapter Cùm cauſa, and in the chapter following: which without doubt is againſt the ciuill lawes, and againſt the Canons of the better ſort. But the Councell Meldenum decréed far otherwiſe: The Councell Meldenum.for firſt, it ordeined, that the raptor, and ſhe that is taken awaie, ſhould doo publike penance; afterward it permitteth matrimonie, but yet not betwéene themſelues, but with other. And it is added; that If the huſband or wife of either of them die, he which hath committed the rauine, or conſented vntounto the raptor, cannot contract new matrimonie, except the biſhop releaſe him. Beſides this it is decréed, that by no meanes, anie ſuch matrimonie ſhould be firme, no not although the parents conſent therevnto. Yea and the ſame Gratian confeſſeth, that the ſame thing was decréed in the Councell which was held at Aquiſgrane; The Councell of Aquiſgrane.yet afterward, both he himſelfe otherwiſe defineth, and alſo the Decretals of the Popes.
What then make they of thoſe Councels? They anſwer that thoſe Councels ment this, that it ſhould not be lawfull to contract matrimonie in that caſe, vnleſſe open penance be firſt doone, and the conſent of the parents had. And to prooue that ſentence, Gratian in the 36. cauſe, queſtion 2. chapter Tria, Ierom.citeth Ierom, who ſéemeth to acknowledge thrée kinds of matrimonie to be lawfull. One, when a maiden is giuen in matrimonie to a huſband by hir parents, or tutors. An other, if a maiden be oppreſſed of a man, and hir father afterward conſent to giuegive hir to him in matrimonie. The third is, if the father conſent not to ſuch marriages, but giuegive hir vntounto an other man. Theſe thrée matrimonies he ſaith are lawfull in the holie ſcriptures. But in the 27. cauſe, queſtion 2. chapter Additur, by the teſtimonie of Ierom, there is added an other lawfull kind of matrimonie; namelie, when a widowe, which is not vnderunder the authoritie of the parents, marrieth in the Lord. Héere Gratian gathereth, that Ierom acknowledgeth matrimonie betwéene the raptor, and hir that is taken awaie. But I perceiue, that in the 22. chapter of Exodus, verſe. 26.there is nothing intreated of violent taking awaie; onelie mention is made there of whoredome committed, and not of violent taking awaie. For it is ſaid; If he by flatteries ſhall allure hir to lie with him, then hath he libertie giuen him that he may take hir to his wife, hauing the conſent of the parents. But if a man had taken awaie a maiden, or man-child by violence, then he was iudged by the lawe Plagium, Exo. 21, 16.that is, ſtealing of men: which is in Deuteronomie, and this it teſtifieth, that Whoſoeuer ſtealeth a woman or man in Iſrael, ſhould be puniſhed with death. Wherefore there is nothing contained in the holie ſcriptures (ſo farre as I ſée) touching the firmeneſſe or eſtabliſhment of ſuch a matrimonie.
31 But héere ſome man will obiect, Gen. 34, 14. The rapting of Dina.that Iacob and his ſonnes did conſent, that Sichem the ſonne of Hemor ſhould hauehave in matrimonie Dina, Iacobs daughter, being violentlie taken awaie by him, vponupon condition, that his ſubiects would ſuffer themſelues to be circumciſed. I grant this: howbeit, that was doone before the lawe of Moſes was giuen. Neither doo we read, that the Patriarchs had anie word of God concerning this matter. Neither can it be denied, that before the lawe was publiſhed, verie manie things were committed againſt it. Iacob, Gen. 29.of whom we now ſpeake, had at one time two ſiſters in matrimonie. Amram had to wife his aunt, of whom he begat Moſes, Aaron, Exod. 6, 20.and Marie. Which matrimonies, after the lawe was giuen, were not lawfull. So as the example, now brought, prooueth nothing. But if raptors ſhould hauehave anie hope of matrimonie, there would be opened a wide windowe for wild yoong men to take women violentlie awaie: for they will make no doubt to take women awaie violentlie, if they ſhall hauehave anie hope to marrie hir, whom they hauehave taken awaie. But all occaſions of euill muſt be remooued out of the Common-weale, and the Church. Moreouer, ſéeing parents muſt hauehave great honour doone vntounto them, they ſhould ſuſteine a great reproch, if matrimonies ſhould be contracted betwéene the raptor, and hir that is taken awaie againſt their will.
This alſo ſéemeth to be added, that Lucius the Pope writeth vntounto the biſhop of Burgis, as appéereth in the Extrauagants De raptoribus & incendiarijs, in the chapter Cùm cauſa, that he decreeth, that If a maiden ſaie, that before ſhe was taken awaie, there were woords paſſed betwéen them touching marriage, it cannot properlie be called rauine. What ſhall then be doone? May ſhe againſt hir parents will marrie the raptor? Innocentius the third, in the chapter following, decréeth; If a maiden be taken awaie againſt hir will, and afterward conſent to marrie the raptor, that marriage is alſo firme, yea although it be againſt the will of hir parents. And he addeth that this is doone, in the honour of matrimonie; when as indéed it openlie appeareth to the contumelie therof, if a man with déeper iudgement weigh the whole matter. In the 27. cauſe, queſtion 2. chapter Raptor, it appeareth; If a maiden that is taken awaie, be betrothed vntounto an other by the woords of the future tenſe, ſhe muſt be reſtored vntounto him, if he will receiue hir: and if he will not, it is frée for the maiden, which was taken awaie, to marrie an other. But if ſhe were betrothed by the woords of the preſent tenſe, and that ſhe can prooue, that ſhe was taken awaie againſt hir will: the ſpouſe, if he will not receiue hir, ought to be compelled.
What the Schoolmen iudge hereof. Thomas Aquinas.32 The Schoole-diuines write not much diſagréeing from this. Thomas in the 22. queſtion toucheth this matter, when he writeth, that violent taking awaie ſpringeth of a vehement luſt; whereby the raptor is ſo troubled, that he neglecteth all dangers. And he will hauehave hir that is taken awaie, to be rendered to hir ſpouſe, if ſhe hauehave anie; and if ſhe hauehave none, vntounto hir parents; or if ſhe be without parents, to them in whoſe power ſhe was. And then, if they will agrée, ſhe may marrie the raptor; but yet ſo, that there be firſt made a reſtitution: bicauſe in all theft and robberie, reſtitution is chéeflie required. Yet (ſaith he) rauine before reſtitution be made, is a hinderance to the contracting of matrimonie; that is, that they ſinne, if they contract matrimonie: neuertheleſſe, if it be contracted, it breaketh not the contract. But to the canons, which determine againſt it, he anſwereth, that they were made in deteſtation of the crime: but that the Pope afterward conſidered the matter better. The Pope worſhipped as God.Howbeit, this was not the part of a godlie man, to worſhip the Pope for God, and ſo to flatter him like a bondſlaue. And to the end he might ſéeme to ſpeake rightlie, he bringeth the words of Ierom, which are in Gratian, concerning the thrée kinds of matrimonie. But how that place ſerueth to this matter we hauehave in hand, I hauehave ſhewed before. Laſtlie, he obiecteth vntounto himſelfe the Meldenſian Councell. Howbeit, that place (he ſaith) muſt be vnderſtood, as if a man will take awaie hir that was married vntounto another: as though that were obſcure or doubtfull. We néed no canons to vnderſtand this.
One papiſt againſt another.Againſt Thomas, a certeine Diuine (none of the ſimpler ſort) earneſtlie oppoſeth himſelfe in this matter. And where Thomas ſaith, that the violent taking awaie hindereth not the matrimonie alreadie contracted; he anſwereth that manie decrées make againſt that doctrine. Further, he bringeth a reaſon; namelie, that he, which is excommunicated, cannot receiue the ſacraments. Then afterward he addeth, that the raptor is excommunicated: wherefore, vnleſſe he doo penance, and reconcile himſelfe vntounto the church, he cannot contract matrimonie. There Caietane would altogither defend his Thomas; Caietane.and denieth that he, which is excommunicate, can be partaker of the ſacraments. Howbeit, this he confeſſeth: that he, which is excommunicate, ſinneth, if he receiue the ſacraments. And he ſaith further; If an excommunicate be admitted to confirmation, or to holie orders, it cannot be denied, but that he hath receiued the ſacraments: neither is it lawfull for him to begin them againe, if he afterward doo penance. Beſides he ſaith, that the Maiſter of the ſentences in the fourth booke, where he reckoneth the impediments, which take awaie matrimonie contracted, maketh no mention at all of rapt.
Moreouer, he teacheth that the raptor, and ſhe that is taken awaie, are not excommunicated Ipſo facto, but are to be excommunicated. But bicauſe he ſéeth that it is in the canons of the Councell of Chalcedon and Cabylon; Let the raptor, and hir that is taken awaie, be accurſſed: he anſwereth, that the gloſſe interpreteth that ſaieng to be of the ſame force, as if it had béene ſaid; Let them be accurſſed. And againe he anſwereth to the other two things, touching reſtitution and penance; and ſaith, that ſhe, which is taken awaie, ought not to be reſtored: but it is ſufficient, if he ſatiſfie the father by ſome means, although ſhe be not deliuered into his hands; euen as in theft, it is not alwaies of neceſſitie, that things taken awaie ſhould be reſtored, but ſometimes it is ſufficient, that the wrong be recompenſed, either by a price, or by a bond. But concerning penance, he ſaith; The raptor, if he contract without it, he ſinneth indéed; but yet after he hath contracted, the matrimonie is firme. Laſtlie he ſaith, that the canons, which decrée to the contrarie, either be abrogated, or elſe ſpeake of ſpouſes. After this ſort Thomas, Caietanus, the Diuines, Eccleſiaſtiks, and Canoniſts trifle among themſelues, and plaie the paraſites with the Pope their god.
33 Now I will declare what the holie ſcriptures doo determine hereof, What the ſcriptures determine hereof.or what they will hauehave vsus to iudge of the ſame. The firſt place is out of Geneſis, the ſixt chapter, where it is written; Gen. 6, 2.The ſonnes of God ſeeing the daughters of men, that they were faire, tooke them to wiues, ſuch as they liked. I know there are brought ſundrie expoſitions of this place. Some interpret The ſonnes of God to be angels, which being inflamed with the beautie of faire women, had fellowſhip with them. This expoſition cannot agrée: for ſéeing that angels hauehave no bodies, they cannot burne in ſuch luſts. Others vnderſtand by The ſonnes of God thoſe, which came of S…h, and were brought vp in the true worſhipping of God; who being ouercome with beautie and faireneſſe, contracted matrimonie with the daughters of Caine; that is, with idolaters and infidels. Whereby there now remained nothing ſound and perfect: and therefore God ſending a floud, deſtroied the whole world. The Chalde interpretor.The Chalde interpretor ſaith, that the children of GOD were mightie men, and magiſtrates; who when they had taken to wiues the daughters of baſe men, all things were fraughted with vices. Here doo I ſée that rapt was committed, which thing the Chalde paraphraſt hath ſignified, whoſe authoritie among the Hebrues is incredible.
And certeinlie, Moſes ſaith not, that they deſired theſe wiues of their parents, but onelie tooke them whom they liked beſt. By that place may eaſilie be noted the courſe, and as it were the degrée of mans wickedneſſe. For firſt they ſawe, and then they deſired, and at the laſt they violentlie tooke awaie. Neither were they won by their maners, but onelie by the beautie of the bodie: wherefore God puniſhed that ſinne by a floud. And although there were manie other ſinnes in men, yet this one is expreſſed with an emphaſis. Gen. 34, 2.Beſides, in the 34. chapter of the ſame booke, Sichem the ſonne of Hemor did violentlie take awaie Dina the daughter of Iacob: but what end came of that violent taking awaie, it is not now néedfull to declare. But the cauſe whie Dina was violentlie taken awaie, was hir curioſitie. The maiden would go foorth, and vnderſtand the maners of other women. Curioſitie was a hurt to hir then, and alſo will be a hurt alwaies vntounto women. Looke In Gen. 34, at the beginning.For if it were hurtfull vntounto the familie of Iacob, being ſo great a patriarch, for a maiden to wander abrode; how much more dangerous is it for other families, which are not ſo holie nor acceptable vntounto God? But the nature of women is greatlie infected with this vice. Titus. 2, 5.And therefore Paule to Titus admoniſheth women to louelove their huſbands, to bring vp their children, and to be biders at home. 1. Tim. 5, 13.And to Timothie, when he intreateth of wanton and yoong widowes; They wander abroad (ſaith he,) and runne from houſe to houſe, and at the laſt go after Sathan.
Yea and theſe virgins, of whom there is mention made in the 21. chapter of Iudges, verſe. 21,when they wandered abroad through the vineyards, and gaue themſelues idelie vntounto danſings, were intercepted by the Beniamits. Some will ſaie, verſe. 7.that the brethren of Dina oppreſſed the Hemorhits by guile. It is true indéed, but when they were reprooued of their father, they ſaid; Ought they to hauehave doone, nebata, that is, a fooliſh and wicked thing in Iſrael? And that Dina was taken awaie not willinglie, but againſt hir will, héereby appeareth: bicauſe it is written, that Sichem, after he had oppreſſed hir, ſpake vntounto hir hart. Which ſignifieth no other thing, than that he would by flatterie hauehave comforted hir. But it may ſéeme to be a maruell, The Beniamits did not properlie commit rapt.that theſe Beniamits were not puniſhed for their rauine. And yet we muſt conſider, that they did not properlie commit rauine, bicauſe they led awaie the maidens, not onelie by their owne counſell, but alſo by the will of the elders. What vnluckie ends hauehave come of raptings.Otherwiſe, true and proper rauine hath alwaies had an vnluckie end. Io was led awaie by the Phoenicians, Europa by the men of Creta, Medea by Iaſon, and Helen by Paris. All which violent takings aawaie ſtirred vp diſcords and wars, and alſo the ouerthrowes of publike weals and kingdoms. Alſo the Sabine women, while they would be curious beholders of publike games, were caught by the Romans. Whereof followed ſuch wars, as both nations were in a maner deſtroied; Liuie. Auguſtine.as Titus Liuius, and Auguſtine De ciuitate Dei, doo write. Séeing then God will not hauehave ſuch wicked acts vnpuniſhed, it is méet that from hence foorth we auoid ſuch matrimonies. I am not of the mind, to denie that matrimonis, which hauehave béene hitherto after that ſort contracted, are no matrimonies at all. For it is not my meaning to bring a confuſion of things. But theſe two points I affirme; firſt, that in contracting, there is ſinne, eſpeciallie, if it be doone againſt the will of the parents: further, that thoſe lawes, whereby ſuch matrimonies are permitted, muſt be corrected, that héereafter it may not be lawfull to doo the like. For we ſée that the order, which God hath ſet, is peruerted; when as the parents are neglected, by whoſe counſels matrimonies ſhould be contracted. And by this means yong men are incouraged to violent taking awaie, ſéeing they hope that they ſhall marrie the wiues, whom they violentlie take awaie. Beſides, that which I ſpeake, is agréeable with the lawes of God, with the lawe of nature, and with the ciuill lawes. Wherefore let the Canoniſts and Schoole-men take héed, how they iudge the contrarie.