Common Places, Part 4 · Chapter 14 · Section 6
Of Executioners or Hangmen.
In Iud. 8. ver. 10. Why Gideon ſtirred vp his ſon to kill the enemies.30 Moreouer Gideon did for this cauſe perhappes, driue his ſonne to ſlay the kings, that he might inflame his heart from tender yeares, againſt the enemies of Gods people, as it is written of Hanniball, who from a childe, vowed himſelfe againſt the Romans. Or elſe he did it, to learn him from his youth to obay the lawe of God: Deut. 19. 17wherein was commanded that the bloud of the next of the kin being ſhed, ſhould be reuenged. But might not this hauehave bin committed to an executioner? Why would he ſo vrge his ſonne? To this we may aunſwere two wayes: Firſt that in the olde time it was not diſhonourable to ſlay the guiltie. The Hebrewes had no executioners.Further that it cannot be perceiued, that the auncient Hebrewes had executioners. And that this for a certaintie was no office among the Hebrewes, that which is writtē in the lawe teſtifieth: namelie that a blaſphemour being taken, Deut. 13 9. & 17. 7.was ſo ſtoned to death, as the hand of the witneſſes did throwe the firſt ſtone at him: neither was putting to death committed to anie particular executioner. And there are manie examples which teſtifie that it was not ignominious to ſlaie the guiltie. 1. Sam. 22. ver. 17.Saul, when he would hauehave the prieſtes ſlayne, did not call executioners to doe it, but turned to the noble men which were with him, and commaunded them to aſſaile the Prieſtes: Who reuerencing their Miniſterie, and dignite, durſt not obay. Onelie Doeg the Edomite, was bolde to execute ſo horrible an acte, who was not of the leaſt eſtimation with the king. 1. Sa. 15. 33.Alſo Samuel with his owne hand ſlewe king Agag the priſoner. In like manner, Ioab when he had caught hold of the horne of the Altar, 1. Kings. 2. 34.was ſlaine of Banaia the chiefe captaine of the hoſte. Wherefore it ſéemeth that the Hebrewes in thoſe auncient times had no executioners. But as much as may be gathered by the Hiſtorie of the Ethnickes, the officers of puniſhmentes, called Lictores, Plutarch.beganne at Rome vnderunder Romulus, who (as Plutarch writeth in the life of Romulus) were called ſo, either of Ligando, that is, of binding, or elſe becauſe the Gretians called them foreign, or foreign, for that they executed a publike office. Romulus gaue them roddes bound together to carrie, and with them was ioyned an Axe. They had alſo cordes therewith to binde the Citizens, who being bound, they might either beate them with roddes, or ſtrike them with the Axe. But the men of more auncient time wanted this office: euerie man executed the ſame, according as it was commanded of the Magiſtrate without anie infamie vntounto him. And in verie déede, that worke of puniſhing malefactors hath in it no diſhoneſtie or vncomelineſſe. For if it be honeſt for a Iudge or Prince to giuegive ſentence of death againſt euill doers, why then ſhall it not be iuſt and honeſt to execute the ſame ſentence? Yea and God himſelfe in puniſhing, vſeth not onelie euill ſpirites, but good ſpirites.
31 But thou wilt ſay: Why the officers of execution hauehave commonlie ill report.why are officers of puniſhment and executioners commonlie ſo euill ſpoken of? Firſt becauſe the common people are greatlie afraid of them: Neither would anie man be puniſhed for his wicked factes. Hereby it commeth, that the ſight of the Executioner, driueth a certaine horror into them. And that the people were ſo affected, the maner of the publike weale of Rome declareth, where, when ambitious men flattered the people more than was méete, they baniſhed the executioner from the iudgement place, from the ſight of men, and from the chiefe houſe in Rome, as euen the Oration of Cicero for Rabirius dooth teſtifie. The Citizens of Rome were not put to death for any crime.The Citizens of Rome were not beaten with roddes, nor put to death. Their extremeſt puniſhment, was baniſhment. They were caried into Ilandes, and at the length condemned to the Mines. But the latter Roman lawes, which are in the Digeſts, did quite diſanull this exemption. For in verie deede, it was vniuſt: For a fault woorthie of death ought not to be winked at, whatſoeuer Citizen of Rome were Author of it. And there were two principall lawes, whereby the back and the head of the Citizens were prouided for, The Lawe Portia and Sempronia Acts. 22. 25I meane the lawe Portia and Sempronia, whoſe power and protection Paul (as we hauehave it in the Actes) vſed, and by that meanes eſcaped both roddes, and bondes. This is one cauſe why the officers of puniſhment and executioners are ſo odious.
32 An other cauſe hereof is the papiſticall opinion of irregularitie, The irregularitie of the Canoniſts.which (as the Canoniſtes will hauehave it) is gathered of euerie manſlaughter. Theſe men thinke, that a man cannot ſo iuſtlie kill anie man, but that the ſame will let him from being promoted to the holy Miniſterie, whereas neuertheleſſe ye Inquiſitors of heretical leawdneſſe (as they call it,) doe dailie cauſe an infinite number, and thoſe innocentes, to be killed. The Popes Legates alſo in gouerning of Cities and prouinces and making of warres, although they be Cardinals, and Byſhops, doe ſtill continuallie cauſe bloud to be ſhed. But in the meane time with great hypocriſie they prouide that the ſentence be giuen by a lay Iudge (as they call him,) and ſo they wrappe themſelues out of that irregularitie. Howbeit the holy ſcriptures doe not ſo teach. Exo. 32. 29.Moſes ſaid vntounto the Leuites, which with him had killed ſo many: Ye hauehave conſecrated your handes: So farre was it off, that they ſhould be depriued of the holy Miniſterie. 1. Par. 22. 8.But thou ſaieſt that Dauid was in old time forbidden to build the Temple for his ſhedding of bloud. But in this place we muſt marke the myſterie wherein Salomō ſhadowed Chriſt the peaceable king. Séeing by him he was expreſſed, who without weapons hath gathered together the Church, being the true Temple of God, vntounto the true & euerlaſting peace. Bloud rightly ſhed debarreth not from the holie miniſterie. Num. 25. 7 1. kings. 18. 40.Neuertheleſſe bloud being iuſtlie and rightlie ſhed debarreth not from the holie Miniſterie. For Phinces who held the high Prieſtes office, thruſt through two moſt vnpure whoremongers. Elias, a man of the ſtocke of the Leuites, ſlewe with his owne hand the Prophets of Baal. And Samuel a man of the ſame Tribe, did himſelfe kill Agag the king, and yet neither of them both were reiected from their office. Neither doe I therefore ſpeake theſe thinges to commend the promoting of Men-killers vntounto holy orders: but this onelie I oppugne, that euerie ſlaughter and euerie mankilling maketh not a man ſo irregular (as theſe men ſay) that he cannot be ordayned a Miniſter of ye Church. What if a man hauehave bin a Iudge or Magiſtrate, or in iuſt warre hath fought for his countrie: cānot he ſtraightway therefore be ordained a Miniſter of the Church? Peraduenture he hath obtained excellent giftes of God, and is indued with ſingular learning, adorned with a pure life, inſtructed with dexteritie of gouernment and with godly eloquence: cannot the Church (as theſe men moſt abſurdly thinke,) vſe his giftes? Certainlie that was not obſerued in Ambroſe: He was ſeruant vntounto Caeſar, and decided matters in the lawe, being Pretor of Millaine: And yet was he ſuddenlie taken perforce to be a Byſhop. I know that Paul requireth that a Byſhop be no ſtriker, 1. Tim. 3. 3.yet no man doubteth but that this muſt be vnderſtood of an vniuſt ſlaughter or violence. But what ſhould a man here doe? All thinges are by the Papiſtes handled ſuperſtitiouſlie.
33 Finally, the third cauſe why officers of puniſhment and executioners are euill ſpoken of, is this, becauſe verie many of them liue wickedly and diſhoneſtly, and hauehave before time bin naughtie men. Howbeit the office doth not diſhoneſt thē: but they rather by their fault pollute an excellent office. Ariſtotle.Ariſtotle in his 6. Booke of Politickes the laſt Chapter ſaieth, that good men abhorre this kinde of office: namely, of puniſhing of men, becauſe it hath an hatred annexed vntounto it. For they oftentimes incurre the hatred of men. Howbeit in my iudgement, a good and godly man ought not for that cauſe to miſlike of his office. The aunſwere of Chryſippus.I remember an anſwere of Chryſippus, who being demaunded, why he exerciſed not the office of a Magiſtrate: If I exerciſe it not rightly (ſaide he) I ſhall diſpleaſe God: and yet if I doe it rightly, I ſhall diſpleaſe men: but I will neither of both. VntoUnto ſome he ſéemed to hauehave anſwered verie prudently, but me thinketh he anſwered fooliſhly. For he ſhoulde rather hauehave anſwered contrarie; that the publike weale ought to be gouerned and that rightlie, to pleaſe both God and good men. Doubtleſſe a wiſe and good man ſhould hauehave no reſpect vntounto wicked men. By theſe things it is nowe manifeſtlie ſhewed that Gideon, in that he by himſelfe killed the Kings of Madian, committed nothing that was vnfit for him: neither that he commaunded his ſonne to doe a diſhoneſt act.