Common Places, Part 4 · Chapter 14 · Section 4
VVhether the excuſe of Dauid wherin he purgeth himſelf becauſe he punished not Ioab ought to be allovved, and vvhether a Magiſtrate maie vvell let paſſe a fault without any maner of punishment.
In 2. Sam. 3 at the end.17 But here muſt we briefely diſcourſe of a queſtion: whether that excuſe of Dauid which he vſeth in the ſecond Booke of Samuel the 3. Chapter, ought to be allowed. For there be Arguments on eche part. This briefe Treatiſe I hope will not be vnprofitable. Baſil.For as Baſill ſaith in the firſt Epiſtle: The hiſtories and liues of ſaints, ought to be vntounto vsus as a certaine liuely Image of the Common weale of God. For in them wée may ſée, how the lawe of God at all times hath bin obſerued or neglected. Arguments by which the fact of Dauid is defended.The fact of Dauid ſéemeth that it may be defended by theſe Arguments. Firſt that Ioab was gratious and verie mightie among the ſouldiers, and might not bee puniſhed without a great tumult, and that Dauid was warie leaſt he ſhoulde doe any great harme to the Common weale, and raiſe vp more grieuous euils, ſéeing by the death of ſuch a Prince and Captaine of the ſouldiers, the kingdome would be weakened. For ſo it is written of Honorius the Emperour, when he had at Rauenna killed Stillico the lieftenant of his warres, he cut off his owne handes. For after that he was taken awaie, he did neuer any thing worthie of fame. Further that precept of puniſhing great offences was affirmatiue, neither did it binde at all times. For ſo are we commaunded to come vntounto the holy aſſembly, to do almes, and ſuch like: howbeit not alwaies but when the time ſhal ſerue. Euen ſo Dauid, although he ought to hauehave puniſhed Ioab, yet might he waite a time. Further, although he were then let by ye power of Ioab, yet was he neuer vnminded to puniſh. For at his death he commaunded his ſonne Salomon, that he ſhould not ſuffer his graie haires to deſcend with peace vntounto the graue. And Plato ſaieth, that puniſhments are like vntounto medicines, and muſt not be vſed when things ſéeme to be ſo deſperate as they cannot be cured: and that Princes be as it were certaine Phiſitians of the common weale. Yea and God himſelfe oftentimes differreth puniſhments although (as Valerius Maximus ſaieth) he recompenſeth the ſlackneſſe with the greatneſſe of reuenge. Alſo Saul when he had deliuered the Iabins from ſiege, 1. Sa. 11. 12and inioyed nowe the whole Empire of Iſrael, and ſome had perſwaded him to put ſuch to death as had before refuſed him to be king, yet choſe he rather to forgiue them. Dauid alſo forgaue Semei, & is therefore greatly commended. 2. Sa. 17. 10.And Auguſtine oftentimes made interceſſion for Heretickes vntounto the Emperours, and not onelyonly for Heretikes but alſo for murtherers and moſt vngratious robbers by the high waie, & for *A kinde of Donatiſts.Circumcellions. Laſtly, Chriſt of whom Dauid was a ſhadowe and Image forgiueth all ſinnes, and fréely receiueth all men into grace. Wherefore in this fact, he departed nothing at all either from his duetie, or from the Image which he repreſented.
18 Alſo on the other part there be other Argumentes, Arguments by which the fact of Dauid is diſallowed.and thoſe in my iudgement much more weightie. Firſt he being the king of Iſraell, it had bin néedefull for him to hauehave ſtoode to the lawes of that Commonweale. And GOD in Deuteronomie commaunded with moſt effectuall wordes, Deu. 17. 18.that the king ſhould prouide that the Lawe might be diſtributed vntounto him, and ſhould alwayes hauehave the ſame readie with him, and ſhould rule by the preſcript thereof. And it was alreadie written in the 21. Chapter of Exodus: Exo. 21. 12.If one ſhall by happe or chaunce kill an other, I will aſſigne him a place of refuge: But if he ſhall doe it by laying in waite, or of ſet purpoſe, thou ſhalt pluck him away from mine Altar. Howbeit, Ioab of ſet purpoſe and by laying in waite killed Abner, wherefore he ought in no place to hauehave béene ſafe. Further it is written in the 18. Chapter of Exodus, Verſe. 21.that they which ſhould beare the office of a Magiſtrate ought to be valiant men, fearing God, louers of the trueth, and haters of couetouſneſſe. Wherefore Dauid in the puniſhing of wickedneſſe ought to hauehave bin valiant, and to hauehave feared the power of none: For this is not to hauehave a kingdome, but a kingdome to hauehave him. And he is had of a kingdome, which for obtaining of a kingdome, neglecteth iuſtice. Rom. 43. 3.Paul ſaith that a Prince is the Miniſter of God vntounto wrath, and beareth not the ſword in vaine. This duetie ought to hauehave bin performed by Dauid. In Deuter. the firſt Chapter God commaunded the Tribunes and Centurions, Verſe. 17.That they ſhould not hauehave reſpect of perſons in iudgemēt. For ſo onlie the poore & men of lowe degrée ſhould be bound to lawes, but the mightie, ſtoute, and noble ſhould eſcape. But Iudges muſt neither be bent to wrath nor to merciemercy. And for that cauſe in Mars ſtréete where iudgement was moſt ſeuerelie executed, it was forbidden vntounto Orators to ſtirre vp affections: yea rather the cauſes were alſo knowen after a darke manner, leaſt the Iudge ſhould be priuatelie touched with the fauor of anie man. Yea and in the Romane lawes in the title De poenis, in the lawe Reſpiciendum, thus it is written: The Iudges ſhall not indeuour to get glorie either by gentleneſſe or ſeueritie. Howbeit in light faultes there is permitted ſome certaine inclinatiō vntounto lenitie, & in the greater faultes, vntounto ſeueritie, but yet vſing therewith a moderatiō of benignitie. In which place ye gloſſe rightlie obſerued, yt there the rigor of y• ſentēce may be moderated, where there is nothing by name determined in ye lawes. And in the Code de Poenis, in ye lawe Decurionum, it is writtē, yt the people muſt not be heard, if they cry yt anie man ſhould either be condemned or deliuered: for that ye people is a beaſt of manie heades. Beſides this, the Iudge is no other thing but the lawe it ſelfe that ſpeaketh: neither can he by anie meanes ſeeme to be a Iudge, if he depart from the preſcript rule of the lawe. And the wiſe man Syrach prudentlie admoniſhed: Eccle. 7. 6.I would not (ſaith he) hauehave thee to be a Iudge, if thou be not able to take away iniuries: leaſt thou feare ye perſon of the mightie, & cauſe an offence to ariſe to thy integritie. Alſo it was ſaid vntounto ye king of Iſrael which had ſuffered Benhadad the king of Syria to eſcape out of his handes: 1. kings. 20. ver. 42.Thy life ſhall goe for his life. Thou wouldeſt not puniſh, wherefore thou ſhalt be puniſhed and ſhalt render an account of other mens wickedneſſe. There followeth of this tenderneſſe and fooliſh pitie, an innumerable ſort of miſchiefes. The gentleneſſe of Eli both extinguiſhed his familie, 1. Sam. 3. 13& in a manner ſubuerted the publike weale.
Certaine obiections.19 But thou wilt ſay, that God dooth patientlie beare theſe thinges: thou ſayeſt wel. But conſider with thy ſelfe, that if inferiour Iudges ſo behaue themſelues in the Commonweale, how will the prince take that? No doubt but he would condemne them of treaſon. And doe we thinke, that GOD will not take it to be wickedlie doone, if he ſée his lawes contemned and trodden vnderunder foote? Dauid ſawe a daunger to hang ouer him: But he had the promiſe of God, and that was not written in the winde or in the water, but was ſtable and eternall. And what if he had bin caſt out of his kingdome? Yet God could hauehave reſerued him full and whole. Wherefore we ſée that Dauid was ſo troubled in that he depended ſomewhat of men. It had bin a hard matter to hauehave puniſhed Ioab, yet ſhould he at the leaſtwiſe hauehave attempted it. He dooth nothing here now, onelie he complayneth of the power of Ioab. In verie déede I deny not, but that puniſhment may ſometimes be differed & that fit occaſions may be waited for: but to doe nothing at all, it was too great a lenitie. And ſurelie there be manie cauſes why puniſhmentes ought otherwhile to be differred: Cauſes for the which puniſhmēts may be differred.as appeareth in the Code De Poenis, in the law, Si vindicari. Firſt, leaſt the Magiſtrate ſhould doe anie thing vnaduiſedlie in his wrath. That lawe did Theodoſius the Emperour write at the requeſt of Ambroſe, when he was by him grieuouſlie blamed and excommunicated, becauſe through a wilfulneſſe, and rage of minde he had bin ouercruell againſt the Theſſalonians. That hiſtorie, and cauſe of the lawe is ſet foorth in Socrates, and is repeated in the decrees, Cauſe 11. Queſt. 3. the Chapt. Apud Theſſalonicam. Wherefore it is prouided, that betwéene the ſentence giuen, and execution ſhould be xxx. dayes ſpace. An other cauſe of delay is, if the woman which ſhould be executed be great with childe. Alſo a ſeruāt ought to be differred vntill he hauehave made an account vntounto his Maiſter, and hauehave certified him of all thinges. The execution likewiſe of him againſt whom a thing is examined by tormentes is differred, yt it may be knowen whether he ſtand to his opiniō. For men being oftentimes ouercome with torments, confeſſe thoſe thinges which they neuer thought. Likewiſe executiō is manie times differed, ſo often as we are to inquire of other crimes, or of thē yt be priuie to thinges. And theſe onelie (ſo farre as I know) may be ye iuſt cauſes of differring puniſhment. For if a man that is condemned in a prouince, ſay that he hath ſomewhat which pertaineth to the ſafetie of a prince, ye Roman lawes decrée, that he ſhould not be heard, becauſe he ſéemeth onelie to ſéeke ye delay of puniſhmentes. Neuertheleſſe, & if he hauehave anie thing yt pertaineth to ye prince, he ſhould hauehave ſhewed it before. But now none of theſe matters cā ſerue for Ioab, wherfore Dauid ſhould not hauehave differred his puniſhment ſo long.
20 Sometime puniſhment is forgiuen, if a man ſhall offend vnderunder xxv yeares of age. Why puniſhment is ſometime forgiuen & ſometime increaſed.Albeit an adulterer is not pardoned, although he be vnderunder that age. And beſides this, it muſt be conſidered, whether a man hauehave ſinned by deceite, or by the prouocation of his minde, or by wantonneſſe, or raſhlie. For in him that hath vſed deceite or laying in waite, the puniſhment alſo is augmented. But Ioab vſed both wicked deceite, and hauing called Abner after a courteous and friendlie manner, ſlue him euen before the publike place of iudgement, and violated the publike faith. Alſo puniſhmentes may be augmented, as we hauehave it in the Digeſtes De poenis, in the lawe Aut facta: If a fault be committed by a multitude through ſedition, then verilie ſome one man is more gréeuouſlie puniſhed to the terror of others. By this lenitie of Dauid ſome are after a ſorte animated vntounto deteſtable factes. For afterward Théeues were ſo hardie as to kil Isboſethe at his owne houſe: Ammon to deflower his owne ſiſter: 2. Sam. 4. 6.Abſalon to ſlay his brother Ammon: 2. Sa. 13. 14 2. Sam. 29.And Ioab himſelfe to kill Amaſa. We cannot perceiue that Dauid behaued himſelfe on this wiſe towardes others, Dauid delt otherwiſe towards others. 2. Sa. 1. 15.ſith he commaunded that the Amalechite [which by his owne confeſſion] furthered Saul vntounto his death: and afterward, that the théeues which had ſlaine Iſboſeth, 2. Sam. 4. 9.ſhould foorthwith be ſlaine. It may alſo be perceiued that he ſomewhat followed his owne priuate affection vntounto Ioab, 2. Sa. 20. 9. 2. Sa. 1. 15.for he was his owne ſiſters ſonne. But albeit he were not led with anie ſuch affection, yet he made a great ſhewe thereof. For he that in the ſelfeſame or in the like cauſe forgiueth one man and puniſheth an other, cannot ſéeme to be led with the louelove of iuſtice. Dauid in déede was a man of a gentle and méeke heart, yet ſhould he not hauehave polluted that worke of God, and hauehave ſet a colour on ye veſſel which was bewtifull of it ſelfe. For this was to communicate with other mens ſinnes. What ſhall we therefore ſay? Dauid no doubt was holy and feared God: yet ſo excellent a bodie was not without his blemiſhes. Euen as there is no day ſo bewtifull and cléere but hath his night: ſo was there neuer man ſo holy and perfect in euerie reſpect, but was corrupted with ſome ſinne. Verilie we ought to follow and imitate the vertues of godlie men, but not to diſſemble their faultes.
A confutation of the reaſons made on Dauids part.21 Now will I in fewe wordes confute thoſe reaſons which were brought on Dauids ſide at the beginning. Ioab was mightie: what then? Aſſuredlie Dauid had God himſelfe on his ſide. Did he peraduenture thinke him to be weake? Furthermore he had all the Iſraelites, which ſo much attributed vntounto Abner, yt out of all doubt they would hauehave ayded Dauid in the puniſhing of Ioab. That which was brought as concerning ye delay of puniſhmentes, it is alreadie aunſwered. For I ſay not, that he ſhould ſtraightway hauehave bin ſlaine. He ſhould hauehave bin taken & caſt into priſon, his cauſe was to be knowē: laſtlie, puniſhment was to be executed. But in that he differred ye ſame euen to his death, the delay was ouer great. But at his death he gaue it in charge to his ſonne Salomon. Yea, and Dauid himſelfe aunſwereth farre otherwiſe. Let God iudge (ſaith he.) Truelie this is not the part of a Magiſtrate to caſt the iudgement of cauſes vppon God. Puniſhmentes be like vntounto medicines: thoſe are not to be vſed except when they may profit. But if they had not profited Ioab, yet might they hauehave profited others. God differreth puniſhmentes: therefore Dauid alſo dooth rightlie differre them. But the dooinges of princes muſt not be compared with the dooinges of God. For God is eternall, and immortall, but a prince may die. And what if he die to morrowe? Who ſhall then take puniſhment of the wicked? But God if hée doe not take puniſhment to daie, yet will he take it to morrowe, or when he himſelfe will. And further, he hath a through triall of all mens mindes, and he ſéeth for what cauſe euerie thing is doone. But vntounto men is permitted no mitigation in the lawe of God. Saule forgaue: I graunt, neuertheleſſe of his owne: but Dauid forgaue that which belonged to an other man. Auguſtine made interceſſion for heretickes: Howbeit, this he did leaſt the Ethnikes ſhould thinke that Eccleſiaſticall men proſecute their owne diſpleaſures. Further he did not that to the intent he would take away the lawes of princes: but that he knewe that the Emperours did otherwhiles permitte their preſidentes that they ſhould hauehave power to remit ſomewhat of the bitterneſſe of the lawes and puniſhmentes made by them, if they did thinke it profitable. But as touching Circumcellions, how rightlie he intreated for them, let he himſelfe ſée: For they were both theeues and homicides. We doubtleſſe muſt liue by lawes and not by examples. Chriſt forgiueth ſinnes, and Dauid was a ſhadowe of him. I graunt that in déede Chriſt forgiueth, yet is that in the kingdome of the Church. But Dauid gouerned euen the political kingdome. An argument from figures, not alwayes …i…ne.Neither is alwayes the Argument firme enough that is takē from figures. For otherwiſe we will ſay, that certaine harlots, which are mentioned in the holy Scriptures ſinned not becauſe they were ſhadowes and Images of the Church. And Chriſt himſelfe, although he be inclined vntounto merciemercy, and forgiueth manie thinges, yet ſhall he in that laſt time be a ſeuere iudge, and who will not be intreated. And he ſhall ſay vntounto the vngodlie: Go ye curſed into euerlaſting fire. Mat. 25. 41.And altogether in the ſame ſtate be they alſo which by reaſon of the power of men remit excommunication and Eccleſiaſticall diſcipline. Howbeit what is to be determined of that, we hauehave declared elſewhere in his owne place. But here perhaps ſome man will obiect: Whether Dauid in this matter was guided by the holie Ghoſt.that Dauid is accuſed of vsus without a cauſe, for that he in this matter, as at manie other times, followed the guiding of the holy Ghoſt, and for that cauſe ſinned not at all. Neuertheleſſe, I am not woont willinglie to vſe this kinde of excuſe, vnleſſe I ſée that the thing which is doone againſt the common lawe, be allowed by the holy ſcriptures. Further I doe not here contend againſt anie thing, but the excuſe of Dauid. For he ſaide not that he was led by the impulſion of the holy Ghoſt: but that Ioab was mightie and gratious with the ſouldiers, and might not be kept vnderunder by the lawes. This excuſe doe I ſay muſt not be receaued.
In Rom. 2. Whether a Iudge may iudge another in that crime whereof himſelfe is guiltie.22 Howbeit, ſéeing they ſéeme to be reprooued which doe iudge others (and truelie not amiſſe, ſéeing they alſo are infected with the ſame faultes,) let vsus ſée whether they iudge rightlie which thinke that Iudges cannot nor ought not to exerciſe iudgement againſt others which are accuſed, when they be guiltie of the ſelfeſame crime themſelues. But this were to ouerthrowe all publike-weales, and vtterlie to take away iudgementes. Neither is that Paules meaning in the ſecond Chapter to the Romans: but he onelie ſheweth, that they ſinne moſt gréeuouſlie, which with a great ſeueritie puniſh others, & ouerſlip themſelues. Doubtleſſe they ought firſt to correct and amend themſelues. Neuertheleſſe Paul biddeth them not to forſake the office committed vntounto thē. They vſe alſo for this purpoſe to cite the ſaying of Chriſt, vntounto them which accuſed the adulterous woman: Iohn. 8. 7. The place of Iohn of the adultereſſe.He which amongeſt you is without ſinne, let him caſt the firſt ſtone at her. And yet this ſentence of Chriſt is not againſt iuſt puniſhmentes, and lawfull iudgementes. Neither commaunded he them that they ſhould not procéede in accuſing of the woman, whome they had taken in adulterie. He himſelfe was no Magiſtrate, but the moſt high preacher of God. Wherefore that which was his office to doe, he executed, in perſwading thoſe hypocrites to repentance. And he would firſt hauehave had them prouide, that by a liuelie faith and repentance they ſhould firſt hauehave ridde themſelues from the ſinnes whereunto they were bound. Neither forbad he but that they ſhould execute that which the lawe of Moſes commaunded. He ſawe that theſe wicked men in theſe puniſhmentes, were infected with two manner of faultes. Firſt in aſmuch as the puniſhment and paine, which their neighbour was put vntounto, was pleaſant vntounto them: For by accuſing him before the Magiſtrates and Iudges, they priuilie fulfilled vppon him their hatred and enmities. An other fault was their hypocriſie: for that when as they themſelues otherwiſe abſtained not from the ſelfeſame wicked actes, yet by accuſing of offenders, they made a ſhewe, as though they had bin zealous of the lawe. Theſe thinges Chriſt endeuored to correct. He condemned not the woman becauſe he was no politicall Magiſtrate. He accuſed her not to the Magiſtrates becauſe he found her not in adulterie. Wherefore, foraſmuch as he was not a méet witneſſe, he was not bound by the lawe to proſecute ſuch an accuſation. But that which pertained to his function, he left not vndone, ſith he admoniſhed her, that ſhe ſhould afterward abſtaine from ſinne. Likewiſe, What we are to doe when we ſee any faults of our neighbour.when we ſée anie wicked act doone by our neighbours, God requireth not that we ſhould not iudge of it according to the nature thereof. For, Woe be vntounto vsus (as the Prophet ſaith) if we ſhall call euill, good. Eſa. 5. 20.That which is euill ought to be iudged according as it is. Neither ought we, either to ſuſpend our iudgementes, or to turne away our eyes from thoſe thinges which are in verie déede euill. But if we ſhall féele our ſelues to be infected in like manner with the ſelfeſame fault: let vsus deſcend into our ſelues, and with a due chaſtiſement reprooue our ſelues. And thereby ſhall it come to paſſe, that we our ſelues being by repentance corrected, may the more fitlie and fruitfullie admoniſh our brother when he ſinneth. Neither againſt this is that ſentence in the 7. of Matthew: Iudge not, and ye ſhall not be iudged: Matt. 7. 1. How that ſaying, Iudge not, &c muſt be vnderſtood.Becauſe in that place is not intreated of the taking away of brotherlie admonition: but onelie the curioſitie of the vngodlie is there reprooued, who when themſelues abound in all manner of ſinnes, doe moſt diligentlie ſearch out the ſinnes of other men, not to the intent they would amend them, but becauſe they delight themſelues in the multitude of ſinners, and thinke that by fellowſhip their offence is lightned. The godlie are not infected with this curioſitie: as they which continuallie hauehave their eyes fired vppon their owne ſinnes, and daylie reuoltings: ſo that they hauehave no leaſure to cōſider of other mens faultes, vnleſſe they be offered vntounto them. Moreouer they reioyce not, neither delight themſelues in the condemnation of their neighbours: eſpeciallie that condemnation which is raſhlie doone. For they knowe that their brother, which pertaines vntounto God, Rom. 14. 4…either ſtandeth or falleth to his owne Maiſter. But we intreate now of priuate men, and not of Magiſtrates or Paſtors: whoſe part is by office to be inquiſitiue, touching the life and manners of thoſe which be committed to their charge. Wherefore all men aſwell ſubiectes as Magiſtrates ought to iudge ſinnes which be layde before them, by admoniſhing and puniſhing euerie man according to his calling, leaſt vices doe ſpread farre abroad.