Fifty Sermons Containing the Chief Points of the Christian Religion, Sermons 1 · Decade 2 · Sermon 8
¶ Of Iudgement and the office of the Iudge: That Chriſtians are not forbidden to iudge. Of reuengement and puniſhment. Whether it be lawfull for a magiſtrate to kill the guiltie. Wherefore, when, how, and what the magiſtrate muſt puniſh. Whether hee may puniſh offenders in Religion or no.
¶ The eight Sermon.
I SPAKE yeſterday, (derely beloued) of the magiſtrats ordinaunce, there are yet behinde, other two partes of his office and duetie, that is, Iudgement, and Puniſhment: of both which, by the helpe of God, I meane to ſpeake, as brieflie as may bee: giuegive yee atttentiue eare, and pray yée to the Lord, to giuegive mée grace to ſpeake the trueth.
Iudgement is taken in diuers What …gementſignifications, but in this preſent treatiſe it importeth the ſentence of Iudges brought in betwixte men at variaunce, which ſentence is deriued out of the lawes according to right and equitie, as the caſe put foorth of the parties required, and is pronounced to the intente to take vppe the ſtrife betwixt them at variaunce, and to giuegive to euerie manne his owne.
For at Seſſions or Aſſiſes, parties appeare and ſue one an other, for ſome inheritaunce or poſſeſſion, which either partie affirmeth to bée his by lawe, layinge for themſelues whatſoeuer they canne, to proue and ſhew what right and title they hauehave to the thing. All which the Iudges doe diligently heare and perfectly noate, then they conferre the one with the other & lay them with the lawe, laſtly they pronounce ſentence, whereby they giuegive the poſſeſſion to the one partie, and take it from the other. The like reaſon is alſo in other caſes and matters.
And this is iudgmente, yea this, (I ſay) is the execution of iuſtice. But this kind of quieting and ſetting parties at one, is verie myld in compariſon of reuengement and puniſhment, which is not executed with words and ſentences, but with ſwords and bitter ſtripes. And good cauſe whie it ſhould bée ſo, ſince there be diuers cauſes, whereof ſome cannot bée ended but with the ſword, and ſome more gentilie with iudgement in words. But herein conſiſteth the health and ſafegard of the kingdom or cōmon weale.
Judgement and puniſhment therfore Iudgemēt & puniſhment pertaine to the Magiſtrate, as depending vponupon his office.are in the magiſtrate ye moſt excellent offices, although peraduenture they ſéeme to be ſomewhat hard and cruel. But vnleſſe this which ſeemeth to be crueltie bee put in vre, all ages, ſtates and ſexes ſhal féele the ſmart of crueller thinges, and that which is moſt cruel in déede. For it is not crueltie but rather iuſt ſeueritie, which (as the Lord commaundeth) is put in vre for the ſafegard of ye guiltleſſe, and preſeruation of peace, within the realme and common weale. Put caſe there were a common weale wel furniſhed with moſt abſolute lawes, for politique manners and matters of religion: ſuppoſe alſo that in the ſame common weale there were no magiſtrate to execute and as it were to father thoſe lawes, by his authoritie to bring and reduce all the déedes and ſayinges of men to the triall of thoſe lawes: and that therefore euerie man breaketh forth to what kinde of life hée liſt himſelfe, and doth what he will, tell mée I pray you what good do thoſe written lawes to the men of ye countrie? Belieue mée forſooth not one halfpenie worth of good. The beſt part therfore of the magiſtrates duetie, conſiſteth in vpright iudgement & puniſhing reuengement. And thoſe two points require a man of courage and Princely ſtomache: whom the Lord in his law deſeribeth liuelie, and telleth what kind of man hee would hauehave him to bee, and what the office is whereto hée is called: which deſcription I will rehearſe & expound, becauſe therein the Iudges perſon is chieflie touched.
Moſes at the Lords commaundement ſaith to the Iudges: Heare the The … Iudge… … fice is … ſcribe….cauſe of your bretherne, and iudge righteouſlie betwixt euerie man and his brother, and the ſtraunger that is with him. Ye ſhall hauehave no reſpect of any perſon in iudgement, but ye ſhal heare the ſmall as well as the great: ye ſhall not feare the face of any man for the iudgement is the Lords: The holie Prophete in theſe woords toucheth two thinges chieflie. Hée declareth what the Iudges office is: and what vices or diſeaſes doe infecte the Iudge that hée cannot fulfill his office as hee ought to doe.
Now touching the office of a good Iudge, the firſt point thereof is that …hée repel no man, but heare eueryevery one, the ſmall, the great, the Citizen, the ſtranger, the knowen, and vnknowen. And hée muſt heare the parties willingly, diligentlie, and attentiuelie. Herein there is admitted no ſluggiſhnes of the iudge, nor a mind buſied about other matters. Iudgement before the matter be decided, is vtterly excluded, becauſe it carieth away the minde of the Iudge before the matter is knowen. The thing it ſelfe crieth out, that ye matter muſt firſt be heard and wel vnderſtoode, before the magiſtrate procéede to iudgement. And the common prouerbe ſaith: Let the other partie be heard too. Herie wiſely ſaid that Iudge, which told one that made a complaint: That with the one eare hee heard him, & kept the other eare for him vppon whom the complaint was made. Herein wée cont…ine the perfecte knowledge of the Iudge, and ſay that hée muſt not make too much haſte in caſes vnknowen, ſince hée muſt iudge them by the thing it ſelfe, and not by the parties ſecrete tales, and priuie accuſations.
Secondarilie, let him iudge, (ſaith hée) yea let him iudge vprightly. To … Iudge … iudg… ….iudge is to determine and pronounce truelie and iuſtly, according to the lawes, what is good, what is euill, what is right, and what is wronge. Wée Switzers ſaye: Ʋrteilen oder ertetlen oder richten, As if one ſhould ſay, to diſtinguiſhe a thinge throughlie conſidered, and to plaine and make ſtreighte a crooked thinge. Parties blinded with affections make ſtreight thinges crocked, which the Iudge by applyinge the rule of equitie and lawe doth ſtreighten againe: So that to iudge, is to ſtreighten and to make plaine. Moreouer to iudge is by defending and puniſhing, to kéepe in libertie. The magiſtrate doeth iudge therefore, when hée defendeth the innocent, and brideleth the hurtfull perſonne: But hée muſt iudge iuſtly, that is according to iuſtice, and agreablie to the lawes, which giuegive to euerie man that that is his. The Iudge doth iudge vniuſtlie, when of a corrupte minde hée pronounceth ſentence contrarie to all lawe and equitie. Now therefore wée hauehave to conſider the vices which vſuallie are wont to reigne in iudges.
The vices that are in Iudges bée The faultes of Iudges.many, and the diſeaſes of their minds are ſondrie: but two eſpeciall diſeaſes there are and chiefe of all the reſt. The one of theſe two vices, which ſo infecteth the mindes of Iudges, that they cānot execute their office as they ſhould, is the accepting of faces, or reſpecte Reſpect of Perſonsof perſonnes, that is, when the Iudge in geuing iudgement hath not his eye ſet vppon the thinges themſelues, or vppon the cauſes or circumſtances of the cauſes, as they are in déde, but hath a regard, either of dignitie, excellencie, humilitie, pouertie, kinred, men of honours letters, or ſome ſuch like ſcuffe. The Lord excludeth this euill and ſaith: Yee ſhall iudge iuſtelie, yee ſhall hauehave▪no reſpecte of any perſon in Iudgement. Yee ſhall heare the ſmall aſwell as the great.
The other diſeaſe of theſe twaine is Vehement affection.feare, a verie vehement affection of the minde, which diſturbeth the verie beſt and moſt excellent counſells, and choaketh vppe Vertue before it come to light. VnderUnder feare wée doe conteine hope alſo, I meane, of commoditie, and ſo by that meanes by feare wée vnderſtande the corruption of bribes. The Iudge that ſtandes in feare to looſe his life or goods, or is afrayde to diſpleaſe a noble man, or is loath to looſe the common peoples good will: hée alſo that taketh bribes, or is in hope to be rewarded at one of the parties handes, doth peruerte equitie, and aduaunce iniquitie. The Lord ſaith therefore, Yée ſhall not feare any mortall man: yee ſhall not looke for any reward at any mans hand. Hée addeth the reaſon whie: Becauſe the matter is not yours, neither were yée called to doe your owne buſineſſe, but the iudgemente is the Lords. The will and lawe of God therefore muſt bée reſpected: For God is able to defende iuſte Iudges from the vniuſte hatred of any, whatſoeuer they bée, and againſt all wronge and open violence.
Moreouer where it is ſaid that the iudgement is the Lords, thereby are the Iudges warned, that they ought to imitate the example of the moſte highe God. But what, and of what ſort that example of God is, the ſame Mo…es in the firſt of Deuteronomie expreſſeth and ſaith: GOD doth accept neither perſonne nor giſte, hee doth Iuſtice for the fatherleſſe and The good iudg oght to hauehave God be…ore him for a pat…rne to …olowe, 2. P…al. 9.widdowe: and loueth the ſtraunger to giuegive him meate and cloathinge, and therefore ſhal yee louelove the ſtraū ger. And ſo muſt godlie Iudges doe in the iudgemente which is Gods. Ioſaſaphat, without all doubt a verie godly Prince, ſpeakinge to them whom hee had made Iudges, did ſay: Take heede what yee doe: For yee execute not the Iudgementes of manne, but of God, which is with you in Iudgemente. Let therefore the feare of the Lord bee vppon you, and take heede, and bee dilligent. For there is no vnrighteouſnes with the Lord our God, that hee ſhould hauehave any reſpecte of perſons, or take any rewarde.
To theſe I will yet adde a fewe places of the holie Scripture more, which ſhall partlie make manifeſte thoſe that wente before, and partlie expounde and more plainlie expreſſe the office of the Iudge. In Deuteronomie wée reade: The Iudges ſhall iudge the people, with equitie and iuſtice. Thou ſhalte not peruerte Iudgemente, nor hauehave reſpecte of perſonnes, nor take a rewarde. For a rewarde doeth blinde the eyes of the wiſe, and peruerteth the woordes of the righteous. Thou ſhalte doe Iudgemente with iuſtice, that thou mayſte liue and poſſeſſe the Land.
Againe in Exodus wée finde: Thou ſhalte not follow a multitude to doe euill, neither ſhalte thou ſpeake in a matter of Iuſtice accordinge to the greater number for to peruert Iudgemente. Exod…Neither ſhalte thou eſteeme a poore man in his cauſe: keepe thee farre from falſe matters, and the innocent and righteous ſee thou ſlaye not, for I will not iuſtifie the wicked. Thou ſhalt take no rewardes, for rewardes blinde the ſeeinge, and peruerte the woordes of the righteous. In Leuiticus alſo, wee hauehave Leui…this: Yee ſhall doe no vnrighteouſnes in Iudgemente, thou ſhalte not fauoure the perſonne of the poore, nor honour the mightie, but in righteouſnes ſhalt thou iudge thy neighbour. Againe: Yee ſhall doe no vnrighteouſnes in Iudgemente, in metyarde, in weighte, or in meaſure. True balaunces, true weightes, a true Epha, and a true Hin ſhall yee hauehave. I am the Lord your God, &c. I ſuppoſe verilie, and am thus perſuaded, that in theſe fewe woordes of the Lord our God, are comprehended al that which profounde Philoſophers, and Laweyers of great learning, doe ſcarcelie abſolue in infinite bookes, and volumes of many leaues.
Beſide all this the moſt holie Prophete …Ieremie crieth to the kinge, and ſaith: Keepe equitie and righteouſneſſe, deliuer the oppreſſed from the power of the violent, doe not greeue nor oppreſſe the ſtraunger, the fatherleſſe, or the widowe, and ſhed no innocēt bloud. Thus much touching the office of Iudges.
But in the eyes of ſome men, this Iudge…ents are …ot abro…ated a…ōg chri…tians.oure diſcourſe may ſéeme vaine and fruiteleſſe: vnleſſe wée do alſo refute their obiections, whereby they indeuour to proue, that pleadinges and lawe matters are at an ende, becauſe the Lord in the Goſpell ſaith: To him that will ſue thee at the lawe and take away thy coate, let him hauehave thy cloake alſo. And againe, While thou arte yet with thine aduerſarie vponupon the way, agree with him quicklie, leaſt hee deliuer thee to the tormentour. They adde moreouer the ſtrifes in the lawe, which S. Paule the Apoſtle in the ſ…te Chapiter of his Epiſtle to the Corinthians, doth flatlie condemne.
To al which obiections mine aunſweare is this. As the doctrine of the Euangeliſtes and Apoſtles doth not abrogate the priuate ordering of particular houſes, ſo doeth it not condemne or diſanull the publique gouernemente of common weales. The Lord in the Goſpell after S. Luke, chideth with, and repelleth the young man who deſired him to ſpeake to his brother, for an equall diuiſion of the inheritaunce betwixte them: Hée blamed him, not for becauſe hee thinketh ill of him that claymeth an equall diuiſion, or that parte of the inheritaunce that is his by righte, but becauſe hée thought that it was not his duetie, but the Iudges office to deale in ſuch caſes. The words of our Sauiour in that place, are theſe: Whoe hath appointed mee a Iudge betwene you, and a diuider of land and inheritaunce?
And againe, as wée reade in the Goſpell. If any man will ſue thee at the lawe, and take awaye thy coate, giuegive him thy cloake alſo: So on the other ſyde againſte this doinge of iniurie there is nothinge more buſilie handled and required in all the Euangelicall doctrine, than charitie and welldoinge: But a good deede is done in nothing more than in iudgmente and iuſtice.
Since therefore that Iudgemente was inuented for the practiſinge and preſeruinge of Iuſtice and vprighte dealinge: it is manifeſte that to iudge in matters of controuerſie, is not forbidden Eſai. 1.in the Goſpell. The notable Prophets of the Lord, Eſai and Zacharie, crie oute and ſaye: Ceaſſe to doe euill, learne to doe good, ſeeke after Iudgemente, helpe the oppreſſed, Zach. 7.and pleade the cauſe of the fatherleſſe and widdowe. Execute true Iudgemente, ſhewe merciemercy and louinge kindeneſſe euerie manne to his brother. Doe the widdowe, the fatherleſſe, the ſtraunger, and poore no wronge.
They ſinne therefore that goe on to hinder Iudgemente, and to thruſte Iudges beſide their Seates: For as they pull awaye from the true God no ſmall parte of his woorſhippe, ſo doe they open a wide gate to wronge, robberie, and oppreſſion of the poore. The Lorde (I graunte) commaunded that, which oure aduerſaries hauehave alledged, meaninge there by to ſettle quietneſſe amonge his people: but becauſe the malice of menne is inuincible, and the longe ſufferinge of ſillie Soules, makes wicked knaues more miſchiefous, therefore the Lord hath not forbidden nor condemned the moderate vſe of Iudgements in lawe. Moreouer wée reade in the Actes of the Apoſtles, that Paule did oftener than once, vſe the benefite of Iudgemente, not for monie or goodes, but for his life, which hée endeuoured to ſaue and defende from them that laye in waite to kill him. Neither conſented hée to the vniuſte iudgemente of Feſtus the Preſident, but appealed to Caeſar: and yet wée know that Paule did not offend therein againſt the doctrine of the Goſpell of Chriſte. The ſame Paule in his Epiſtle to the Corinthians, did not abſolutely cōdemne the Corinthians for going to lawe aboute thinges belonginge to their liuing, but becauſe they ſued and troubled one an other, before Heathen Iudges. It is good and ſéemely without doubte, to ſuffer wronge with a patient minde: but becauſe it pleaſeth the Lord to ordeine iudgement to bée a meane of helpe and ſuccour to them that are oppreſſed with iniurie, hée ſinneth not at all that ſeekes to kéepe himſelfe from wronge, not by priuate reuengement, but by the vprighte ſentence of Iudges in lawe. And therfore did the Apoſtle commaunde the Corinthians, to chooſe out to themſelu…s amonge the faithfull, ſuch Iudges as might take vp temporall matters in cōtrouerſie betwixt them that fell at variaunce.
Thus hauehave I declared vntounto you, Of reuengeme…t t…ken by the Magiſtrate.the ſeconde parte of the magiſtrates office which conſiſteth in Iudgement, I will now therefore deſcende to the expoſition of the third and laſte parte, which comprehendeth reuengemente and puniſhment. For the magiſtrate by his office beareth the ſworde: and therefore is hée commaunded by God to take reuengement for the wronge done to the good, and to puniſh the euill. For the Sword is Gods vengeaunce The ſworde.or inſtrumente, wherewith hée ſtrikes the ſtroake to reuenge himſelfe vppon his enimies for the iniurie done vntounto him: and is in the ſcripture generallie taken for vengeaunce and puniſhment.
The Lord in Ieremie crieth out and ſaith: I call a ſworde vppon all the dwellers vppon earth. Againe in Ezechiel: The ſword is ſharpe and readie trimmed to kill the ſacrifice. And againe: I will giuegive my ſword into the handes of the king of Babell. The kings of Aegypte were of their people called Pharaos, as who ſhould ſaye: Reuengers. But the ſwoord in the magiſtrates hand, is to bée put vntounto two vſes: For either hée puniſheth offenders therewith for doinge other men iniurie, and for other ill déeds: Or elſe hée doth in warre therwith repell the violence of forreine enimies abroade, or repreſſe the rebellions of ſeditious and contentious Citizens at hoame.
But here againe an other obiection is caſt in oure way by them, which whet… … be … to kil… … puni… … fende….ſay, that according to the doctrine of the Goſpell, no man ought either to kill or to be killed▪ becauſe the Lord hath ſaid: Reſiſte not the euill. And againe to Peter: Put vppe thy ſword into thy ſheath. Euerie one that taketh the ſworde doth periſhe by the ſworde. Mine aunſweare to this is, that throughout all the Scripture, priuate reuengement is vtterlie forbidden, but that that is done openlie by authoritie of the publique magiſtrate is neuer founde fault withall. But that was priuate and extraordinarie vengeaunce that the Apoſtle Peter was about to hauehave taken, conſidering that hee was called to bée a Preacher of the woord of God, not to bée a Iudge, a Capitaine, or a man of warre. And againſt priuate and extraordinarie reuengment is that ſentence rightlie pronounced, Euerie one that taketh the ſword, ſhall periſh by the ſword. But that publique vengeaunce, and the ordinarie vſe of the ſword, is not prohibited by God in the Church of Chriſte, I proue by this teſtimonie of the holie Apoſtle. Paule, in the 12. to the Romanes hath taught, what and how much the perfectneſſe of the Goſpell requireth of vsus, and among the reſt thus hée ſaith: Deerelie beloued reuenge not your ſelues, but rather giuegive place vntounto wrath. For it is written, vengeaunce is mine, and I wil repay. But becauſe this might be argued againſt, and this obiection caſte in his way: Than, by this meanes the long ſuffering of Chriſtians ſhall miniſter matter enough to murder and manſlaughter: hée doth therefore immediately after in the next Chapiter adde: The magiſtrate is the miniſter of God to thy wealth, to terrifie the euill doers. For hee beareth not the ſword in vaine. For hee is Gods miniſter, reuenger of wrath to him that doth euill. Wée gather therefore by this doctrine of the Apoſtle, that euerie one of vsus muſt let God alone with taking of vengeaunce, & that no man is allowed to reuenge himſelf by his owne priuate authoritie. But publique reuengemēt wrought by the ordinarie magiſtrate, is no where forbidden. For that God which ſaid to vsus, Vengeaunce is mine I will repay, doth graunt to the magiſtrate authoritie to exerciſe and put that vengeaunce in vre, which hee doth claime as due to himſelfe. So that the magiſtrates duetie is, to puniſh with the ſword, the wrongfull dealings of wicked men, in the name and at the commaundement of God himſelfe. Therefore when the magiſtrate puniſheth, then doth God himſelfe, to whom all vengeaunce belongeth, puniſh by the magiſtrate, who for that cauſe is called by the name of God. Moreouer it is written: Thou ſhalt not ſuffer a witch to liue. Againe: A wiſe king will ſcatter the wicked, and turne the wheele vppon them. And againe: He that iuſtifieth the wicked, and he that condemneth the iuſt, they are both abhominable in the ſight of the Lord. Fooliſhe pitie.Neither doe wée lacke examples, to proue that ſome hauehave incurred y• heauie wrath and diſpleaſure of the Lord for their fooliſh pittie in ſparing them, whom the Lord cōmaunded to ſtrike with the ſword. I ſpeake of Saul and Achab. Againe on the other ſide, there are innumerable examples of moſt excellent Princes which teſtifie & beare witneſſe of the praiſe that they deſerued for puniſhing of lewde & wicked offenders. For the Prince ſinneth not, nor is blameworthie any whit at all, which killeth or otherwiſe puniſheth the guiltie and vngratious man: and for that cauſe we finde in the law ſo often repeated: His bloud be vppon him ſelfe. But if the bloud of the guiltie be not ſhedde, then that is imputed as a fault, and layde to the magiſtrates charge, becauſe hée neglecting his office, hath pardoned them that were not worthie to bée forgieuen, and by letting them goe, hath left the innocent vnreuenged. For hée is made partaker of the iniurie done, & ſhedding of the innocents bloud, which he leaueth vnreuenged, by letting the murderer goe vntouched, on whoſe necke the Lord gaue charge to let the ſword fall. The iuſt ſeueritie of the vprighte magiſtrate in puniſhinge Seueritie is not crueltie.naughtie men, is not (as it is falſelie iudged) extreme crueltie. But ouerthwart and péeuiſh pitie, that ſpareth offenders, which are not worthie to liue amonge men, is vtter and méere crueltie in déede. For when the magiſtrate letteth them goe vnpuniſhed and at eaſe, which with their naughtie déeds hauehave deſerued death, he doth thereby firſt of all giuegive occaſion and courage to like offenders, to go on and increaſe in their miſchiefous wickednes. For they ſée their owne faultes borne with al in other men. Secondarilie the men that are not as yet altogether drowned in the myre of wickedneſſe, but are euerie hour… tempted and prouoked to naughtineſſe, wil at the laſt leaue to hauehave ſcruple of cō ſcience, and giuegive their conſent to yéeld to miſchiefe. For they ſée that miſchiefous marchaunts are gentellie dealt withall. Laſtly offenders ſet frée without any puniſhment doe for the moſt parte become little better: yea they become twice worſe than they were before, and the increaſe of his ſinne ſhal at length compell thée to kil him for many murders, whom thou wouldeſt not kill for ye murder of one, wherby thou mighteſt hauehave ſaued many guiltleſſe men, whō that cutthroate ſince his firſt pardon, hath villaynouſly ſlaine. They therefore ſend wolues and beares amonge the common people, that let ſuch rakehells eſcape vnpuniſhed.
Since now that I hauehave declared ye For what …auſes God commaunded to kill offenders.right vſe of the ſword, & proued that the magiſtrate hath power to reueng mens iniuries, and to kill haynous offenders, let vsus goe on to conſider what the cauſes bée, for which God cōmaundeth to puniſh tranſgreſſors, let vsus ſée alſo when they ought to be puniſhed, and laſtlie what kinds of puniſhment or penalties the magiſtrate muſt vſe.
The eſpeciall cauſes for which the Lord doth openly commaunde to puniſh offenders, are for the moſt part theſe that follow. The Lord reſiſteth force with force, & worketh the ſafegard and ſaluation of men, he reuengeth them that ſuffer wronge, and reſtoreth againe whatſoeuer may be reſtored. Hée declareth his iuſtice alſo, which rewardeth euerie one according to his déedes. And therefore hée wipeth out reprochfull déedes, with a reprochfull death. Hée putteth offenders in minde of their crime, and therwithall for the moſt part doth giuegive them ſenſe of repentaunce vntounto ſaluation. For if the wicked do acknowledge his fault, & repent himſelf of his ill déede, and beléeue in Chriſt with al his heart, his ſinne is forgiuen him & bée is ſaued: as wée hauehave an euident example in the thiefe that was crucified, Luke… ▪whoſe puniſhment was an occaſion of his ſaluation. But from the other this ſaluation was farre off, becauſe he did not belieue in Chriſt, and would not be warned by the paine, y• he felt for his offence, to repent for his ſinnes, and to call to God for merciemercy. Furthermore by publique iudgment and open execution all other men may take example to learne to beware of like offences, vnleſſe they will ſuffer like horrour of torments.
But let not the magiſtrate execute Wh… … mag… oug… … pu… … … end… ▪any man, vntil he know firſt perfectly whether hée, that is to be puniſhed, hath deſerued that puniſhment, that ye iudges determine, and whether God hath commaunded to puniſh that offence, that is, whether by Gods lawe that is condemned, which is to be puniſhed. The trueth therof ſhalbe manifeſtly knowne either by the proper and frée confeſſion of the man accuſed, or by the probable teſtimonies broght in and gathered againſt ye de…endant, or by conferring y• lawes with the offences of him that is to be puniſhed. So then ye magiſtrate may not puniſh vertue, true religiō, nor good, honeſt, & godly men. For he is ordeyned of God to terrifie, not the good, but offenders.
Now touching the maner and facion of puniſhment I think it not beſt The …indes of …uniſh…ente.ouer curiouſ…ie to diſpute. Let euerie nation or citie reteine ſtil their penalties and order of puniſhing, vnleſſe peraduenture their countrie cuſtome ſmack ſomewhat of rigour & extreme crueltie. For no wiſe man denieth but that the kinde of puniſhment muſt be tempered according to the rule of iuſtice & equitie. The kindes of puniſhment Dimin…tio …pitis, … kinde of …dgemēt …hereby …e is put …t of the …ings pro…ction or …ondem…ed to …ondage.are exile or baniſhment, bōdage, loſſe of goods, impriſonment & fetters, ſcourges, markes with burning irōs, loſſe of limms, & laſtly death it ſelf, by killing we the ſword, by burning, hanging, drowning, & other ſuch meanes as euerie natiō vſeth of cuſtome. Neither is the ſcripture without a pitiful beadrowe of miſerable torments. For in y• booke of Eſdras we read: And who ſoeuer wil not do the lawe of thy god (Eſdras) and the lawe of the king, let iudgment ſtreightwayes paſſe vppon him, whether it be to death, or baniſhment, or loſſe of goods, or impriſonmēt. This do I ad not vnaduiſedly becauſe of them ye are of opinion, y• ſuch tormentes ought not ſo much as once to be named amonge chriſtian people.
But meaſure and diſcretion muſt be …cretion … cle…ncie of …e iudge.vſed of the iudges in puniſhing offenders, ſo ye heynous faults may be plagued with greuous puniſhmēt, leſſer crimes may be nipped wt ſmaller penalties, and the ſmalleſt & light offences puniſhed more lightly. That ſentence in Gods law ought to be remē bred: According to the fault ſo ſhall the puniſhment bee. Where alſo the iudge muſt hauehave a conſideration of his clemencie & pitie. Oftentimes y• kinde and age excuſeth the partie accuſed. The circūſtances being rightly weighed do ſomtime excuſe the déedes, that otherwiſe are of themſelues not all of the beſt. The iudge alſo muſt inquire after, & diligentlie conſider the former life of ye man accuſed, for which, if it fal out to hauehave bene good and honeſt, than doth he deſerue ſome fauour and merciemercy, vnleſſe the offence, for which be is troubled, be ſo heynous y• it can admit no ſparkle of pitie. But godlines or y• feare of god, with powring out of prayers vntounto the Lord, and a diligent and lawful examinatiō of y• déede or word, that is, of the fault committed, is the beſt rule for the iudge to followe in chooſing his time when to vſe pitie, and when to deale with extreme rigour. For otherwiſe decent clemēcie is moſt praiſe worthie before God and men.
I hauehave ſhewed you (déerlie beloued) that the magiſtrate both may, and of What is to be puniſhed in offenders.duetie ought to puniſh offenders, then for what cauſes y• Lord wil hauehave them to be puniſhed, and laſtlie how, when, & how much they are to be puniſhed. It remayneth now for mée to declare wherfore and for what offences, they are to be puniſhed. Which I meane to lay downe in one word and briefly too. All words and déeds which are cōtrarie to the lawes of God and the magiſtrate, that is, all things that are done miſchiefouſlie againſt ye lawes, are to be puniſhed: but lawes are made either for religion or politique gouernment: and politique gouernment conſiſteth in honeſtie, iuſtice, and peace. Therfore the magiſtrate muſt puniſh and kéepe vnderunder al them which do diſturbe, afflict, trouble, deſtroy or ouerthrow honeſtie, iuſtice, publique peace or priuate tranquillite betwixt man & man. Let him puniſh diſhoneſtie, ribauldrie, filthie luſt, whordome, fornication, adulterie, inceſte, ſodomie, riottouſnes, dronkenneſſe, gluttonie, couetouſneſſe, cooſening, cutting vſurie, treaſon, murder, ſlaughter of parents, ſedition, and whatſoeuer is like to theſe. The lawe of the Lord publiſhed by the miniſterie of Moſes, doth in the 18. and 20. of Leuiticus reckon vppe a beadrowe, long enough of ſuch offences as are to be puniſhed. And leaſt perhappes any man may thinke, that at this day, yt which Moſes hath rehearſed, is vtterly aboliſhed, let him giuegive eare to S. Paul who ſaith: To the iuſt the lawe is not giuen, but to the vniuſt, and to ſinners, to vnholie and vncleane, to murderers of fathers, and murtherers of mothers, to manſlears, to whoremongers, to them that defile themſelues with mankinde, to manſtealers, to lyars, to periured men, and if there be any other thing contrarie to ſounde doctrine. But Apoſtates, idolatrers, blaſphemers, here tiques, falſe teachers, and mockers at religion, doe offend againſt the lawes of religion, (and therefore ought they to be puniſhed by the magiſtrates authoritie.)
But the queſtion hath béene and is Whether …e Magi…rate may … for …he breach … religiō.yet at this day in controuerſie, whether it be lawefull ſor a magiſtrate to puniſh any man in his iuriſdiction for the contempt of religion, or blaſpheming of the ſame? The Maniches and Donatiſtes were of opinion, that no man ought to be compelled, much leſſe to be killed for any religion, but that euerie man ought to bee left to his owne minde and iudgement. And yet the Scripture doth expreſſelie cō maund the magiſtrate not to ſpare falſe Prophetes: yea, rebells againſt God, are commaunded by holie lawes and iudges to be killed without merciemercy. The places are extant to be ſéene in the holie Scriptures, the one in the 13. of Deut. the other in the 17. of the ſame booke. In Exodus this ſame is ſet downe for a rule: Whoſoeuer ſacrificeth to any God, but to the Lord alone, let him bee rooted out. In Leuiticus the blaſphemer is ſlaine, & euerwhelmed with ſtones. In the booke of Numbers the man is ſlaine yt did vnhallow the Sabboth day. And how many I pray you, did Gods reuenging ſword deſtroy of that caluiſh people that did erecte and worſhip the calfe in the wilderneſſe? Helias at mount Carmel killed whole hundreds of falſe Prophets in a ſolemne ſet and appointed Sacrifice. Eliſeus at the Lords commaundemente, annointed Iehu king, to the end that hée might roote out the houſe of Achab, and kill at once all Baals prieſtes. Ioiada the prieſt ſlue Athalia. And good king Ioſias deſtroyed together the wicked & ſtubborne prieſtes of all high places. S. Auguſtine Tractatu in Ioan. 11. diſputing againſt the Donatiſtes, doth proue by the example of Nabuchodonoſor, that Chriſtian Princes do iuſtlie puniſhe the Donatiſtes, for deſpiſing Chriſt and his Euangelicall doctrine. Among other thinges he ſaith: If king Nabuchodonoſor did glorifie God for deliuering three childrē out of the fy…e, yea and glorified him ſo much, that he made a decree throughout his kingdom for his honour and worſhip: whie ſhould not the kinges of our dayes be moued ſo to do, which ſee not three children ſaued from the flame alone, but themſelues alſo deliuered from the fire of hell, when they behold Chriſt, by whom they are deliuered, burnt vpp in Chriſtian men, and when to a Chriſtian they heare it ſaid: Say thou that thou art no Chriſtian? This they wil doe, and yet this they wil not ſuffer. For marcke what they doe, and ſee what they ſuffer. They kill ſoules: they are afflicted in bodie. They kill other eternallie, and doe complaine that they themſelues doe ſuffer a temporall death. Thus much hath Auguſtine. In yt new teſtament we hauehave moſt euidēt examples of Peter & Paul Chriſt his greateſt Apoſtles. The one wherof ſ…ue Ananias and Saphyra, for their lying hypocriſie and feined religion. The other ſtrucke Elymas the Sorcerer blinde & bereft him of his eyes. Neither is there one hayres difference to chooſe, whether a mā be killed with a ſword or with a word. For to kill is to kill by what meanes, or with what inſtrument ſoeuer it be done. God wrought that by his Apoſtles: and doth the like by the magiſtrate alſo. For vengeaunce is Gods, who giueth it to the magiſtrate and chiefe men to bée put in vre and execution, vponupon wicked offenders. There are to be ſéene many lawes made by holie Chriſtian princes for the ſtate of religion, which giuegive an eſpeciall charge to kill idolatrers, apoſtataes, heretiques, and godleſſe people. I will recite vntounto you (déerely beloued) one lawe among many, made by ye holie Emperour Cōſtā tine the great. For in an epiſtle, intituled ad Taurum P. P. hée ſaith: It pleaſeth vsus that in al places & throghout euerie citie, the temples be out of hand ſhut vpp, and libertie denied to wicked men to hauehave acceſſe thether to commit idolatrie. Wee will alſo and commaund all men to bee reſtrained from making of ſacrifice. And if ſo be it happen that they offend herein, our pleaſure is that they be ſlain with the ſword, and the ſlaine mans goods to be confiſcate. And wee hauehave decreed, that the rulers of the prouinces ſhall ſuffer like puniſhment, if they neglect to puniſh the offenders. The verie ſame almoſt do Theodoſius and Valentinianus by proclaimed edicts, commaund In Codice Theodoſiano tit. 2. And Valentinianus and Martianus in Codice Iuſtiniano tit. 11. lib. 1. Laſtlie without al controuerſie, adulterers, murderers, rebells, deceiuers, and blaſphemers, are rightlie puniſhed and not againſt religion. Wherfore it followeth conſequentlie, that falſe Prophets and heretiques, are by good right ſlaine. For they are deceiuers, blaſphemers and manquellers.
But in ye execution of this puniſhment, What moderation muſt be had in puniſhing.there muſt a great conſideratibe had and obſerued. Firſt of the perſons: then of the errours: and laſtly of the penalties. For in perſons there is great diuerſitie: becauſe there are ſome ſtandard bearers, and headie graund capitaines, which are ſtoute, hypocrites, and full of tongue, & therfore y• apteſt for to ſeduce, who falling headlong without amēdment to their owne deſtruction, do with themſelues draw other into daunger. They muſt by al meanes be brideled and kept vnderunder as plagues to the Church, leaſt like a cancker they ſpread all ouer. Againe there are ſome ſillie ſeduced ſoules made fooles by other men, which erre not of malice, nor ſtubborne ſtomach, but doe repente and amend in time. Theſe the magiſtrate muſt not ſtreightway condemne, but pray to the Lord and beare with their error, and teach them in the ſpirit of gentleneſſe, vntill they be brought to a better minde.
Moreouer in erronious doctrines, ſom are more intollerable than other ſome are. Some there be ſo wicked & blaſphemous, that they are vnworthie to bée heard, much leſſe to bee done. Some there are, which do directly and openly tend to the ouerthrow of the common weal, vnleſſe they be in time appenſed and reſiſted. But thoſe crimes that are brought in and accuſed, ought firſt to be by the Scripture and manifeſt truth cōuinced to be ſuch, as they are ſaid to be. When the truth is knowen, and manifeſt proofes of ſcripture alledged, then is it lawfull moſt ſharpely to puniſh thoſe blaſphemers of God, and ouerthrowers of the Church and common weale. But a light and eaſier penaltie muſt be ſet on the heads of them, whoſe offence conſiſteth in light and ſmaller errors. For ſome doe erre ſo, that by their error God is not blaſphemed, yt Church not ſubuerted, nor the common weale in any daunger at all. Where, by the way, euerie one muſt thincke of that ſaying of the Apoſtle: Beare ye one an others burthen. And againe: The weake in faith receiue yee, not to the doubtfulnes of queſtions.
Furthermore in puniſhment and penalties, there is a great difference. They that erre ſtubbornely, and doe their indeuour to drawe in and kéepe other men in their errours, blaſphemers, troublers, and ſubuerters of Churches, maye by lawe bee put to death. But it followeth not therevppon that eueryevery one which erreth muſt therefore by and by ſuffer loſſe of his life. The things that by threates and faultfinding may bée remedied and amended, muſt not be puniſhed with ſharper correction. A meane in euerie thing is alwayes the beſt. There is a penaltie by paiment of money. There are priſons for them to be ſhut vppe into, which are corrupted with the poiſon of falſe doctrine and lacke of beliefe, leaſt peraduenture they infecte others with their contagious diſeaſe. There are alſo other meanes to puniſh the bodie whereby to kéepe them vnderunder that erre from the trueth, to kéepe them from marring thoſe that are ſounde, and to preſerue them ſelues that they periſh not vtterlie, but that through repentaunce they may fall to amendment. But the feare of God, iuſtice, and the Iudges wiſedom ſhal by the circumſtaunces make him perceiue how hée ought to puniſh the naughtie doctrine, and ſtubborne rebellion of malicious ſeducers, and howe to beare with the fooliſhe lighte beliefe of ſillie ſeduced men grounded vppon ſimplicitie and not enuenomed rancour.
Earneſt and diligent admonition is giuen to late, when the fault is allreadie Admonition before puniſhm…committed, and is ſo deteſtable that it ought ſtreight waye to be plagued with the ſword: Let the magiſtrate therefore alwayes hauehave an eye to admoniſh them in time that are to be warned to take hede of a fault. For earneſt admonitions are earneſtlie commended to men in authoritie to vſe to their ſubiects, when they begin to worke any broile. Moreouer godly and wiſe magiſtrates, hauehave many times pardoned vnwitting offenders, whom they ſaw readie to repent vppon geuing of warning. The Lord in the Goſpel biddeth vsus admoniſh a ſinner, then if hée repent, to pardon his fault, but if hée reiect a faire warning once giuen him, then to puniſh him ſo much the ſharper. And Ioſue before he made open warre to be proclaymed vppon the children of Ruben, did firſt by embaſſage commaunde them to digge downe the altar which they ſeemed to hauehave made cōtrarie to the law of the Lord. The Emperour Iuſtinian alſo graūted pardon to them which repented, and turned to a ſounder opinion, Conſtitut. 109.
Moreouer Ioſias did not vtterly kill al them that were wrapped in errour and idolatrie, but thoſe eſpeciallie that were incurable, and would not recante: the magiſtrate therfore muſt wiſelie moderate the matter, and be verie circumſpecte in puniſhinge offenders.
I cannot héere wincke at and ſ…ylie Obiections anſwe…ed.paſſe ouer the obiections, that ſome men make againſt that which hetherto I hauehave ſaid touching puniſhment, to witte: That the Apoſtle Paule hath not commaunded to kill or puniſhe an heretique after the firſt and ſecond admonition, but to auoyd him. Againe, That faith is the gift of God which cannot be giuen or ingraffed in any man by rigour of the ſword. Alſo, That no man is to be compelled. Hée that conſtreineth, may make an hypocrite, but a deuoute and; ealous man hée cannot make. And laſtly, That the Apoſtles required no ayd of kings either to mainteine, or ſet out the religion of Chriſte, or elſe to puniſhe blaſphemous railers, and enimies of Gods word. To all this I aunſwere thus. Paule, when hée writte his Epiſtle to Titus, did write to an Apoſtle, in that Epiſtle therefore hée inſtructeth an Apoſtle, how to behaue himſelfe according to his duetie towarde an heretique paſte all recouerie. If he had written to Sergius Paulus or any liefetenaunt, hée would vndoubtedly hauehave taught him his office. For the ſame Paule ſtanding before Sergius Paulus, then Prince of Cyprus, did by his déeds declare vntounto him the duetie of a magiſtrate. For firſt hée did not onelyonly moſt ſharpelie rebuke the falſe Prophet Elymas, then forſake his companie, eſchue & ſhunne him, as the Apoſtle Iohn did Cerinthus, but ſtrake him alſo with bodilie blindnes.
I graunt and confeſſe that faith Faith is the gift of God.is Gods gifte in the hearte of manne, which GOD alone doth ſearch and knowe: but men are iudged by their woordes and déedes: Admitte therefore that the erronious opinion of the minde may not bée puniſhed, yet notwithſtanding wicked and infectiue profeſſion and doctrine, muſt in no wiſe bée ſuffered. Verilie no man doth in this world puniſhe prophane and wicked thoughtes of the minde: but if thoſe thoughtes breake foorth into blaſphemous woords, then are thoſe blaſpheming tongues to bée puniſhed of good Princes: and yet by this I ſaye not that godlyneſſe lyeth in the magiſtrate to giuegive and beſtow. Iuſtice is the verie gifte of GOD, which none but God doth giuegive to men. But whoe is ſo fooliſh as to gather thereuppon, that vniuſte men, robbers, murderers, and witches are not to bée puniſhed, becauſe the magiſtrate by puniſhment cannot beſtowe righteouſneſſe, vppon vnrighteous people? Wée muſt therefore make a difference betwixte faith, as it is the gifte of God in the heart of man, and as it is the outwarde profeſſion vttered and declared before the face of men. For while falſe faith doth lurke and lye hidde within the heart, and infecteth none but the vnbeléeuer, ſo longe the vnbeléeuing infidel cannot bée puniſhed: but if this falſe and forged faith, that ſo laye hidde, doe once breake foorth to blaſphemie, to the open tearing of God, and the infecting of his neighbours, then muſt that blaſphemer and ſeducer bée by and by pluckt vnderunder, and kept from créeping to further annoyaunce. Not to ſuppreſſe ſuch a fellowe as this, is to put a ſword in a madde mans hand, to kill vnwiſe and weakelie men.
Faith is the gift of God, but where he beſtoweth faith, hée vſeth meanes to giuegive it by: thoſe meanes hée wil not hauehave vsus to neglecte. An houſeholder knoweth that faith is the gift of God, and yet notwithſtanding hée inſtructeth his children in the word of truth, hée chargeth them to goe to Church, to pray for faith, and to learne it at the preachers mouth. A good father would thinke much, yea he would not thinke well of it, if his ſonne ſhould ſay: Father I pray you teach mée not, ſende mée not ſo much to Church, and beate mée not if I be not there: For faith is the gift of God, which whipping cannot bring mée too. Then what man can quietlie abide to heare that faith is the gift of God, and that therefore no man ought for faith, that is, for the corruption of faith and open blaſphemie, to ſuffer any puniſhment?
And yet Petilian in the 83. chapiter of S. Auguſtines 2. booke Contra Petiliani Whether it be lawful to compel one to faith.literas crieth out, & ſaith: God forbid and farre bee it from our conſcience, to compel any man to our religion. Shall wée therefore goe on to ſpeake the woords of heretiques? or to ſay, that the Lord God in the Scriptures hath planted hypocriſie, where with threates & puniſhment hée hath driuen men to goodneſſe? Dauid ſaith: It is good for me Lord that thou haſt chaſtiſed mee. And Ieremie ſaith: Thou haſt chaſtiſed mee, (O Lord) and I am chaſtiſed like an vntamed heffar. But if no man ought to bee compelled to goodneſſe, to what intent doth Salomon (ye wiſeſt of al men) ſo many times commaunde to chaſtiſe children? Hee that ſpareth the rodde hateth the child. Saith hée: Thou in deede doeſt ſtrike him, but with the rodde thou deliuereſt his ſoule from death. Dailie experience, and the diſpoſition of men doe plainly teach, that in men there are moſt vehement affections, which, vnleſſe they bée remedied and brideled betimes, do both deſtroy them in whom they bée, and other men too, who at yt firſt might eaſilie with light puniſhment hauehave béene preſerued. Men in their madneſſe deſpiſe compulſion and chaſtiſing puniſhment, but when they come to themſelues againe, and ſée from how great euills they are deliuered by thoſe that cōpelled them, then they reioyce, that to their health they were chaſtiſed, & praiſe the compulſion which before they deſpiſed. Let vsus heare what Auguſtine doth thinke and teach hereof, whoſe experience in this matter was verie much. In his 48. Epiſt. ad Vincentium contra Donatiſtas de vi coercendis haereticis, hée writeth thus. My opinion ſometime was, that no man ought by force to be compelled to the vnitie of Chriſt, that we ought to deale by words, fight in diſputations, and ouercome with reaſon, leaſt peraduenture wee ſhould hauehave thoſe to counterfaite themſelues to bee catholiques, whom wee knew to bee open heretiques. But this opinion of mine, was not confuted with the words of my gainſayers, but with the examples of thoſe which ſhewed the contrarie. For firſt, mine owne citie (Hippone) was obiected againſt mee: which, whē as ſometime it held wholie with Donatus, was by the feare of the imperiall lawes, conuerted to the Catholique vnitie: and at this day we ſee it ſo greatly to deteſt the naughtineſſe of your her…ticall ſtomaches, that it is thought verilie that your hereſie was neuer within it. And many more places by name were reckoned vppe vntounto mee, that by the effect of the thing it ſelfe, I might confeſſe, that in ſuch a caſe as this, that may be rightly vnderſtoode where it is written: GiueGive a wiſe man occaſion and he wilbe the wiſer. And againe, not euerie one that ſpareth, is a friend: nor euerie one that ſtriketh is an enimie. Better are the ſtripes of a friend, than the voluntarie kiſſes of an enimie. It is better to louelove with ſeueritie, than to deceiue with lenitie. Hee that byndeth a phrenſie man, and waketh him that is ſick of the lethargie, doth trouble them both, & yet hee loueth them both. Who can louelove vsus more than God himſelfe doth? and yet as he teacheth vsus mildely, ſo hee ceaſeth not to terrifie vsus to our health. Thinckeſt thou that no man ought to bee compelled to righteouſneſſe, when thou readeſt that the goodmā of the houſe ſaid to his ſeruauntes: Whomſoeuer yee finde, compell them to come in? When thou readeſt that hee, that was firſt called Saul and afterward Paule, was conſtrayned by the violent force of Chriſte, which compelled him to know and keepe faſt the trueth of the Goſpell? And the ſame Auguſtine againe, In Epiſt ad Bonifacium comitem 59. ſaith: Where is that now that they were wont to crie and ſay, that it is at euerie ones free choice to belieue or not to belieue? Whom did Chriſt conſtreine? whom did hee compell? Loe here they hauehave the Apoſtle Paul for an example, let them confeſſe in him that Chriſt firſt compelled him, than taught him: firſt ſtruck him and afterward comforted him. And it is wonderfull, how he, which by the puniſhment of his bodie was compelled to the Goſpel, did after his entring in, labour more in the Goſpell, than all they that were called by word alone: and whom the greater feare compelled to charitie, his charitie once perfect, did caſte out al feare. Whie then ſhould not the Church therfore compell her loſt children to returne, ſince the loſt children hauehave compelled other to their deſtruction?
Againe in the ſame epiſtle, the ſame The Apoſtles required no …ide of the magiſtrat, for the maintenance of religion againſt the aduerſaries of the ſame.Auguſtine ſaith: Wheras ſome which would not hauehave vpright lawes ordeined againſt their vngodlines, do ſay: that the Apoſtles did neuer require any ſuch thinges of the kinges of the earth, they doe not conſider that that was an other time (not like to this) & that all thinges are done in their due time and ſeaſon. For what Emperour did at that time belieue in Chriſte to ſerue him by making lawes in defēce of religion againſt vngodlines? Whē as yet that Prophecie was in fulfilling: Whie did the heathen rage, and the people imagine a vain thing? The kinges of the earth ſtoode vppe, and the rulers toke counſell againſt God and againſt his Chriſt. For as yet that was not begunne which followeth in the Pſalme, where it is ſaid: And now vnderſtand ye kinges, and be ye learned ye that iudge the earth, ſerue him in feare and reioyce in trembling. But how doe kinges ſerue God in feare, but by forbidding & puniſhing with deuout ſeueritie, thoſe thinges, which are done againſt Gods commaundements? For in that hee is a man, hee ſerueth him one way: but in that he is a king, he ſerueth him an other way. Becauſe in that hee is a man, hee ſerueth him by liuing faithfullie: but in that hee is a kinge, hee ſerueth him by eſtabliſhing conuenient lawes to cō maund that which is iuſt, and to forbid the contrarie. As Ezechias ſerued him by deſtroying the groaues and temples of idols, and thoſe highe places that were erected againſt the Lords commaundement. As Ioſias ſerued him by doing the like. As the king of Niniuie ſerued him by compelling the whoale citie to pleaſe and appeaſe the anger of the Lord. As Darius ſerued him by geuinge the idole into Daniells power to bee broken in peeces, and by caſting his enimies in amonge the Lyons. As Nabuch odonoſor ſerued him by a terrible proclamation, which forbadde all men within his Dominion, to blaſpheme the true and verie God. In this therefore ſhould kinges ſerue God, in that that they are kinges, by doinge thoſe things which none can doe but kinges. Wherefore when as in the Apoſtles times, the kings did not as yet ſerue the Lord, but imagined a vaine thinge againſt the Lord and againſt his Chriſte, that the Prophets ſayings might bee fulfilled, there could not as then (I ſay) any lawes bee made to forbid vngodlines, but counſell be rather taken to put vngodlines in practiſe. For ſo the courſe of times did turne, that both the Iewes ſhould kil the Preachers of Chriſte, thinckinge that thereby they did God good ſeruice: & that the Gentiles alſo ſhould freat and rage againſt the Chriſtians, and make the Martyrs conſtancie ouercome the flames of fyre. But afterward when that beganne to be fulfilled which is written: And all the kinges of the earth ſhall worſhippe him, all nations ſhall ſerue him, what mā that were wel in his wittes would ſay to kinges: Tuſh take yee no care how or by whom the Church of your Lord is defended or defaced within your kingdom: let it not trouble you to marke who will be honeſt, & who diſhoneſt within your Dominion. For ſince God hath giuen man free will, whie ſhould adulterie bee puniſhed, and ſacrilege left vntouched? Is it a lighter matter for the Soule to breake promiſe with God, than a woman with a man? Or forbecauſe thoſe thinges which are not committed by contempte but by ignoraunce of religion are to bee more mildely puniſhed, are they therefore to be vtterly neglected? It is better, who doubteth? for men to bee brought to the worſhipping of God by teaching, rather than for to be compelled to it by feare or griefe of puniſhmente. But becauſe theſe are the better, they which are not ſuch, are not therefore to bee neglected. For it hath profited many men (as wee ſee by experience) firſt to hauehave beene compelled with feare and griefe, that afterwarde they might either bee taughte, or followe that in deede which they had learned in woordes.
Hetherto I hauehave rehearſed ye words of S. Auguſtines aunſwere to the obiections of them, which are of opinion that by no lawe diſobedient rebells, ſeduced people, and deceiuers, ought to be puniſhed in caſes of religion.
I ſée my hope doth faile mée, wherin I thought, that I could hauehave béene able in this Sermon to hauehave made an ende of all that I had to ſay touchinge the magiſtrate: But I perceiue that héere I muſt ſtaye, vnleſſe I ſhoulde goe on (déerely beloued) and bée too tedious vntounto you all. I meane to morrowe therefore to adde the reſt that is yet behinde. Make ye your humble prayers vntounto the Lord vppon your knées and then depart in peace. (⸪)