Common Places, Discourses 1 · Discourse 8
Queſtions.
question I WHether the lawe in the. 22. of Exodus, of maids deflowred to bee married of ſuch as had deflowred them, ſhould be reteined in a chriſtian common weale?
question II IF the magiſtrate ſhall thinke the lawe to be too rigorous, bicauſe of the laſciuiouſnes of yoong women, and therefore meet to bee abrogated; whether the miniſter ought to perſuade the magiſtrate to the abrogating of the ſame, or to let it be at libertie? or what anſwer hee muſt make them?
question III WHether the magiſtrate doo rightlie if he decline from the lawe of God. Whether this part belong vntounto chriſtian libertie?
VVhether it be agreeable to the lawe of nature? or elſe whether it be wholie politicall?
question IIII SEeing we read, that the moſt holie men did not onelie ſweare; As trulie as the Lord liueth: but otherwhile added; As thy ſoule liueth: not onelie in their affirmations, but alſo in their proteſtations; what anſwer muſt be made to the papiſts, which ſaie, that we muſt not ſweare by the name of God onelie?
VntoUnto the firſt queſtion.
BY the lawe of GOD, in the 22. of Exodus, it is not altogither neceſſary that a man ſhould marrie the virgine, whome he had lien with. For it is there added; Exo. 22, 16.But and if the father ſhall refuſe to giuegive hir vntounto him, that hath deflowred hir, let him pay the dowrie of virgins. This addition is of great importance: for God wold, that hir fathers power ſhould remaine entire; and ſuffereth not, that children ſhould contract marriages without their parents conſent. And if that this lawe ſhould decrée the marriage betwéene hir that is defiled, and him that defileth, to bée in anie wiſe neceſſarie; the diſhoneſt yong maid would eaſilie ſuffer hir ſelfe to be defiled by him, whome againſt hir fathers will ſhe would wiſh to be hir huſband; to the intent that, without his conſent, ſhe might obteine hir deſired marriage. Wherefore God would hauehave it to be in the fathers power, to allow or diſallow of ſuch marriages. Séeing then the magiſtrate is the father of the countrie, he may, by his lawes, either command or releaſe ſuch lawes; ſo that the fault eſcaped not vnpuniſhed: bicauſe herevnto he is bound by the lawe of God, that euill ſhould be taken awaie from among the people.
VntoUnto the ſecond queſtion.
IN my iudgement, it is not profitable for the common weale, that bicauſe of the wantonneſſe or laſciuiouſneſſe of yoong maids, the lawe of marrieng hir, whome a man hath defiled, ſhould be abrogated. For vnleſſe that men ſhould be reſtreined from fornications, through the feare of this puniſhment; they would be bold euerie where to pollute thoſe which are wanton and diſhoneſt: wherevpon filthineſſe and diſhoneſtie would more & more abound in the citie. I would neuer therefore be an authour to the diminiſhing of the puniſhment of euill diſpoſed perſons, leaſt a greater window be opened to ſinne. Wherefore in my opinion, it ſhould be the miniſters part to warne magiſtrates faithfullie, that (as much as is poſſible) they ſhould by the law rather bridle ſin, than ſet it at libertie.
VntoUnto the third queſtion.
THis lawe is partlie ciuill, and partlie morall. That is morall and perpetuall, for the magiſtrate to repreſſe fornications and wandering luſts. And it belongeth to the nature of politike gouernment, to decrée the kind of puniſhment; which in verie déed is left frée vntounto the prince: but yet ſo frée, as he may change the ciuill iudgement of the Iewiſh lawe, in ſuch wiſe, as may ſéeme moſt agréeable for his people; doubtleſſe, not vntounto the libertie of the fleſh, but vntounto the amendment of offenſes. The Romane lawes, as it is in the inſtitutions of publike iudgments, in Paraph the firſt, for committing ſuch a crime, puniſhed a man, which was of the greater calling, with the loſſe of halfe his goods: but the baſer ſort they baniſhed and reſtreined with bodilie puniſhment. And Auguſtine, in his book De mendacio to Conſentius, chapter. 8. ſaith; that Thefts are lightlier puniſhed than whoredomes. Wherefore it is frée to the magiſtrate to change the puniſhment; but yet, when he hath anie néed to reſtreine vices, he muſt not for the performing thereof decrée an eaſie, but a more gréeuous puniſhment: otherwiſe, that kind of vice, euen as others doo, will dailie more & more increaſe. And by theſe things, which I hauehave alreadie ſaid, I thinke there hath béene anſwer enough made vntounto the fourth queſtion.
VntoUnto the laſt queſtion.
AS touching oths, I anſwer, that there be thrée formes of ſwearing vſed in the ſcriptures. One, when we ſaie; By God, By Chriſt, and ſuch like. The other two hauehave the forme of praier, or execration. The formes of execration be theſe; I praie God I die! Ill come to me! Which kind of oth is in the ſeuenth pſalme. If I hauehave doone anie ſuch thing, if there bee anie wickedneſſe in my hands, if I hauehave rewarded euill vntounto him that dealt friendlie with mee, yea if I hauehave left him deſtitute that did hurt mee; [then] let the enimie perſecute mee without a cauſe, and take mee, let him tread downe my life, and laie mine honour in the duſt! But the forme of ſwearing by praier, is; So let me liue! So God helpe me! Among which kind thoſe oths are reckoned, whereof the queſtion now ſtandeth; Thy ſoule liueth, or my ſoule liueth, &c. As touching the firſt forme of oth, I thinke it is euident enough, that we muſt ſweare onlie by God: but in the other two formes nothing letteth, but that the things created may after ſome ſort be named: which in verie déed, if the thing be more narowlie conſidered, is doone after an indirect maner, bicauſe it is a true, though a ſecret calling vponupon God. For what other thing is; Thy ſoule liueth, than, Let God ſo ſaue thée, as this thing is true, which I now witneſſe, as I will doo this thing that I promiſe thée? In like maner as touching execrations, the ſpéech is directed vntounto God, when we ſaie; Let the enimie perſecute my ſoule! It is euen as [if I ſhould ſaie] GOD ſuffer me continuallie to be vexed! They are therefore abrupt and abridged maners of ſwearing, wherevnto to make them perfect, muſt be added the name of God. Euen as on the other ſide, whenſoeuer the name of God is expreſſed, and the execrations alſo are not expreſſed: as; Let God doo ſo and ſo vntounto me! Where it is not mentioned, what things thoſe be, Which he will ſuffer, if he ſhall faile of that which he hath ſworn to doo.
The Propoſitions of D. Peter Martyr, diſputed openlie in the common Schooles at Strasbrough, in the yeare of the Lord, 1543.
The Propoſitions neceſſarie be, 592. and the propoſitions probable be, 63. neuer imprinted before this laſt yeare, 1582.