Sermons on Deuteronomy, Sermons · Chapter 115
On Munday the xvj. of December. 1555. The Cxv. Sermon which is the fourth vponupon the nineteenth Chapter.
16 If a falsewitnesse rise vp against any man, to beare witnesse against him for any transgression:
17 Then the two men that are at variance shall stande before the Lorde in the presence of the high Priestes and Iudges that shalbe in those dayes.
18 And the Iudges shall make good inquirie, and if it be founde that the false witnesse hath giuen falsewitnesse against his brother:
19 Then shalt thou do vntounto him, as he ment to hauehave done to his brother. And so thou shalt rid away euil from among you.
20 And others hearing thereof shall be afraide, and not doe any such wicked deede among you from thencefoorth.
21 Thine eye shall not spare him: but life for life, eye for eye, tooth for tooth, hande for hande, and foote for foote.
WE hauehave seene heeretofore after what maner God wold hauehave all thinges brought to end: namely by prouing the truth by good record: and yet that no infinite number of witnesses should be required, but yt men should hold themselues contented with twain that could beare record of the deede. For as I sayd, offences should abide vnpunished, if men should not stand vponupon the recorde of two witnesses. Yea and we see how a number of men conceale the truth and foresweare themselues, insomuch that when the proofe of a crime committed commeth to triall, a man shall hauehave much ado to finde one faithfull witnesse among three or foure. Therefore if the nūber were not determinate, what a thing were it? Notwithstanding forasmuch as ye witnesses doe more in a case than the Iudge himselfe as the common prouerb saith: it behooueth them for their part to be held in awe, and that they hauehave no libertie giuen thē nor gap opened to them to oppresse giltlesse persons. For if yt might be suffered, it were better for men to be in the woods among theeues, than to be in a citie where law is to be executed: for false witnesses woulde murther such men with their tongues, as could defend thēselues from the robbers. And therfore our Lord addeth, yt if an vnfaithfull witnesse be falsly deposed; and that the defendant feeling himselfe greeued alledge that the record is false and wicked: he shalbe heard. Now a man may mislike of the witnesses before they giuegive their euidence, if there be iust cause, or at leastwise if there be some colour: but here it is for the defendant to shewe that the witnessing was false.
And it is sayde, that both of them shall come before the Highpriest and the Iudges that shalbe in that time, and the Iudges shall inquire diligently of the matter. And if they find that the guiltlesse person is greeued; the false dealer must be punished, yea euen without any sparing… insomuch that if he appeached his neighbour of a matter of life, his owne life shall aunswere for it▪ or if he intended any hurt to him, he shall forgoe eye for eye, foote for foote, hande for hande: that is to say, hee shalbe serued of the same sauce himselfe. That is the very effect of our Lorde his meaning in this text. And let vsus marke that here our Lord sheweth vsus that witnes bearing is a holy thing: and in deede, when witnesses are brought foorth, they ought to thinke that it is God whome they come to serue in yt deede. True it is that men may well bring thē forth; but yet in the meane while, who is the founder of that order? Is not God the author thereof? Then must men hauehave an eye to him aboue all. Againe, he that bringeth foorth a witnesse, can not say that he is to be examined in his name: But God is there to receiue the oth: & when a man is made to lift vp his hand when he should giuegive euidence, he is called as it were before God. Therefore to be short, let vsus marke, that whensoeuer we beare witnesse in any matter of Lawe, we do as it were a holy deede; in respect whereof we ought to goe to it with the more reuerence and care. For periurie carrieth with it high treason against God: insomuch as we blaspheme against the name and maiestie of God; And it is he, against whom the trecherie is committed, and not against a creature. And that is the cause why so greeuous punishment is heere expresly appointed vntounto it, insomuch that God will not hauehave that witnesse to be spared. True it is that hee hath an eye to the wrong and wicked dealing which hee offered to the guiltlesse person. Neuerthelesse his intent is also that there shoulde be a reuerence hadde to the order which he had set downe for the common benefite of all men. And moreouer forasmuch as he himselfe beareth chiefe stroake there, hee will hauehave men to honour his maiestie, and not to dally with him after that fashion. And in deede, we see how men take more libertie in forswearing thēselues, thā in any other misdoings. And why is that? Because they beare themselues in hande, that God will easily forgiue it. Yea forsooth, as who shoulde say hee made not more account of his owne glorie than of all that euer concerneth vsus. Againe in all other faultes men hauehave some shame to holde them backe, they be afrayde least it should be prooued by them, or that it shoulde be perceiued. But the wicked sort make but a mouth at it when they forsweare themselues; Tush (say they) who shal aske vengeance of it? Who shall followe the suite of it? Yea, as who should say there were no GOD in heauen. Nowe then let vsus marke, that forasmuch as men take leaue & dispense with themselues so easily in committing of periurie; and that it is not looked vntounto of men, but it is let slip without punishing: that therefore God must bee faine to reserue it wholly to his owne examination, and the crime must be so much the more accountable before his iudgement seate, where it shall be punished dubble. Marke well therefore what we hauehave to beare in minde, that eueryevery man may looke to himselfe, and that we may be fully resolued, that we be bounde to yeelde recorde to the trueth, as oft and whensoeuer wee be called thereto: and that wee defraude both God and our neighbours of that which is due vntounto them, when we can help them in any good case and doe not; which is all one as if we robbed them of that which belongeth vntounto them. That is an Item to them that conceale and dissemble the trueth when they be required to speake it.
Furthermore let vsus beare in minde that our comming to doe that, must be as though GOD called vsus before his owne face, and did set downe his name there before vsus saying, as ye hauehave any estimation of my name, see that ye beare faithfull recorde, without fauour or hatred: bee not led by any affection, but onelyonly doe what yee can to report what ye knowe, without respect of any person. Were this well obserued, wee should see another manner of feare of God in all giuing of euidence than we doo. How great libertie soeuer the world take, & although most men passe their boundes without any awe of God: yet must not this lesson be lost: but we must learne to practise it, euen with horrour to beholde the great blockishnes which reigneth eueryevery where, in that men do so mocke God, and rush against him with such boldenesse and presumption.
And nowe it is sayde expresly, that the partyes must come both into the presence of the Lorde, before the Priestes and Iudges. Whereby Moses doeth vsus to vnderstande, that God is present at the executing of Iustice, because all is done by his authoritie and in his name. And this text is yet verie well worthie to be noted. For when men come before a Iudge, they thinke they hauehave hyed them well, if they may deceiue him: but there are very fewe that consider the Iudge to be Gods liuetenaunt. In deede men can finde in their hearts to confesse that Iustice is a diuine thing, and that God beareth chiefe sway therin, it costeth them nothing to say so: but as for to be touched with it to the quicke, and to beare well in minde that when we appeare before a Iudge, God doth presently beholde vsus, so as we can not conceale any thing from him, but he writes vp all thinges in his registers, insomuch that although wee be spared by men, yet we must come to account for it before God: wee neuer thinke of that. But yet doth this text warne vsus, yt we must neuer goe to law, but wt intēt to demeane ourselues as in Gods presence: assuring ourselues yt although nothing in the worlde be hidden from him; yet hee will hauehave men to acknowledge a certain speciall presence of his maiestie in the order of Iustice. True it is that euen when men be in their chambers or in their beddes, they ought to thinke still that they be continually in the sight of God: and although it be his propertie to search all things & to examine euen the bottom of mens thoughts:Psal. 7.10. yet notwithstanding, it is his will to hauehave a notable marke of his maiestie and glorie to appeare in the order of gouernment which he hath set in the worlde,Heb. 4.12.…3. by appointing Iudges to bee as his liuetenauntes and officers, and he will hauehave men to knowe that he himselfe is there, and that hee guideth and gouerneth the whole action. In the Popedome, because men knowe not that God is present at the executing of Iustice, they hauehave Puppets and Paintinges, and Crucifixes, and I wote not what else. For those beastes beare thē selues in hande, that images are laymens bookes as they terme them. But it ought to suffice vsus that God telleth vsus here with his owne mouth, yt he himselfe sitteth in the seate of Iustice where earthly men be ordeined in his name; and that whereas there be Priests and Iudges, he wil hauehave men to know that that is not done without him, but that he mainteineth that order because hee hath once established it among vsus. When wee heare such doctrine proceeding out of Gods own mouth, must it not needes be that we be too too dull, and yt the deuill hath made vsus starke beasts, if wee be not touched with it? Nowe then let vsus not looke to hauehave stockes and puppets set before our eyes to gaze vponupon: but let vsus hauehave Gods liuely image printed in our heartes, and let vsus consider that seeing it is his will to hauehave mankind gouerned by that meane: he doth also assist it, and is at hande vntounto it, so as the thinges yt are doone there, are guided by him, & ought also to be referred vntounto him: And that whē we come thither, it is to appeare as it were before his maiestie, as I hauehave declared already.
And this serueth, not only for earthly Iustice, but also much more for the meetings yt are made to the ende yt God should teach vsus by his worde. For when we come hither to heare the doctrine of the Gospel; God is much more apparātly present with vsus therein than in the order of Iustice. True it is (as I hauehave sayd already) that when we come before a Iudge, we come before God: but here is the spirituall doctrine whereby we should be lifted vp to heauen, & mens lawes are of no account here; because there is none yt speaketh but God. Therefore let vsus marke, that when we come to the Church to be taught, or when any of vsus openeth the byble at home in his owne house; Iesus christ must needs be there as though we sawe him before our eyes. Not that wee must hauehave any fleshely conceite of him: but that we must approch vntounto him by fayth, and consider howe it is not in vaine that he hath tolde vsus,Matt. 1….20. that wheresoeuer two or three meete together in his name, there is he in the middes of them. Then let vsus consider that not onelyonly we be heere before the Angelles of heauen, but also that the sonne of God beholdeth vsus. And as hee liketh wel of the confession of the faith which we make vntounto him; and of our obedient resorting hyther to knowe the will of GOD his father, and to suffer ourselues to bee gouerned by him and by his doctrine: so likewise when we come hyther faynedly, so as wee make none account of his worde, or beare ourselues in hande that wee be discharged for tarrying heere an houre or twaine: wee must come to a reckening for it; for we vnhallowe the thing which our Lorde Iesus Christ had made holy for our saluation. Wherefore is the doctrine preached vntounto vsus? Is it that God hath any profite by it? No, but for our benefite. Nowe if the same be disappointed through our vnthankefulnesse; is it not a trampling of the precious stones vnderunder our feete which were offered vntounto vsus? It is the foode of our soules, and wee will not eate of it, but will needes fast still: or rather wee bee filled with winde, there is no true sustenaunce in vsus. Of whome is it long but of our owne leaudenesse, that wee thrust away the grace which God did put into our handes? And therefore, that wee may bee the better disposed to receiue the Gospell, let vsus vnderstande that wee must neuer repayre to the Church, but we must thinke that our comming thyther is to offer ourselues into Gods presence, so as our Lorde Iesus Christe may beare such sway there, yea and bee so present, as it may appeare that the grace and power of his holy spirite accompanie him, that his worde may hauehave such force as to enter into our heartes, to touch vsus to the quicke, and to edifie vsus. But if wee hauehave our eares beaten with the thinges that are preached vntounto vsus, and in the meane while our liues bee nothing aunswerable to the same; but wee continue as colde as wee were before: that commeth to passe because we consider not that our Lorde Iesus Christ is present to make his worde auaylable, which is vttered to vsus by the meanes of men. That is the thing which we hauehave to gather vppon this text, where it is sayd that the parties which are at variance must appeare in the presence of the Lord.
And it is added, that they must also appeare before the Priestes and Iudges for the time beeing. It is an exposition of these wordes of God. And to what ende serueth that? That folke shoulde not hauehave an eye to mennes persons; but rather consider what state they represented there? Were the priestes made at their owne pleasure? No. No more were the Iudges. GOD was the author of them both. Nowe then forasmuch as he hath sette them in that office, and gouerneth them by his power: hee will hauehave men to knowe that he himselfe is there. And Moses will in any wise hauehave the priestes to be there: not that the ciuill iurisdiction is allotted vntounto them, (as I hauehave declared heeretofore): but to strike the greater reuerence into such as hadde to deale or to doe in matters of so greate importaunce. For if a man be anoyed by falsewitnesses, hee is as good as halfe dead already. And therefore he was to be succoured by an extraordinary means. That is the cause why God ioyneth the Priestes and the Iudges together.
Yet notwithstanding it is sayde that the Iudges shall make good inquirie of the matter. Wherein he sheweth that which wee hauehave seene heeretofore: namely that to comforte one man, wee must not greeue an other. For it is no small thing to ouerthrowe an euidence: I hauehave tolde you heeretofore howe it is a holy thing. Nowe if any man abuse it, he must be punished for his labour. But yet on the other side, it must also be well knowen and verified that such an abuse is committed. Therefore is it sayde expresly, that diligent inquirie is to be made. For it is a sore matter to al…er or reuerse a thing that hath passed by order of Lawe. And for the same cause it is sayde, If hee be founde to hauehave giuen false euidence, and to hauehave practised to doe his neighbour wrong: let him be punished with the selfesame punishment, and let not thine eye spare him, but ridde away the euill from among you: to the ende that they which heare thereof may be afrayd, and no moe such deedes be committed afterwarde. Heere Moses noteth the circumstances, which euen the heathen themselues knewe. For we must alwayes come backe to that which is spoken in the eight Chapter of Salomons prouerbes,Prou. 8.15. where it is sayde, that it is through Gods wisedome that kinges reigne and that Lawes and statutes are made thereby. Therefore when as the heathen made Lawes, it came not first of all of their own brayn: for wheras they made fonde and blockish Lawes, therein God gaue them the brydle, and it was to the ende that men shoulde knowe that when men followe their owne wit, they ouershoote themselues pitifully, yea euen in the thinges that concerne this present life. And what must they needes doe then, when they be to passe beyond the worlde? In that case men are vtterly blinde. God then ment to shewe by some thinges, that mens wits are too weake to iudge well of equitie and vprightnesse; and yet notwithstanding, that forasmuch as he was minded to shewe his prouidence ouer all mankinde; he inspired those with equitie and vprightnesse, whose duetie it was to make Lawes & statutes. And it is the very same thing which I was about to tell vntounto you out of Salomons prouerbes, that the wisedome of God chalendgeth this to be her office. The heathen knewe that thing well ynough, affirming yt Lawes were Gods gifte, and not the inuention of man. And God wrested out that confession frō them, to the intent that their vnthankfulnes should be the lesse excusable, as we see here.
For whereas Moses sayeth, that the partie shall bee punished which hath but euen practised against his neighbour: hee sayeth not simply, against the trueth. And thereby he excludeth ouersight, so that if there were any error he wold not hauehave the punishment to bee so greeuous. Againe whereas he setteth downe that the offender should not be spared: his meaning is that if a man spare one that hath procured the death of the guiltlesse, hee is dubble cruell to him that was in danger of his life.
Whereas he sayeth that others hearing thereof shall commit no more any such act: hee sheweth the principall ende, which is also set downe by ciuill Lawes, namely that punishmentes shoulde be executed for examples sake. The punishing of a theefe is not onelyonly for his misdeedes sake or for the crimes sake: but also to teach others by it, and to holde them in awe, so as they may be ashamed of such dealing and abhorre it. In like case is it with murthers when bloudshed is reuendged. And why is that? Is it onelyonly for the faultes sake that is doone and past? No, but to prouide for afterwarde that murthering and all maner of shedding of mans bloud may be eschued. Ye see then howe punishmentes doe serue for example. And that is a thing well worthie to be marked: for we may gather a dubble lesson thereof. First that such as occupie the roome of Iustice, ought to thinke themselues worthie of blame before God and the worlde, for all ye faults which they let slip vnpunished. And why? For it is an opening of the gate and a giuing of libertie to all others to do the like. Beholde, one that is founde to be a theefe, a murtherer or a whoremonger, is winked at and let slip. And why? because he is pityed. And by that meanes the offender scapeth scotfree. By reason whereof other become the bolder to doe the like. For why? It is an increasing of the mischiefe, when men see offences scape vnpunished; and the bridle is let loose which otherwise had bin restreined, if euill doinges had bin punished without respect of persōs. Behold, one aduoutry is cōmitted after an other, two or three murthers are cōmitted together, and three or foure robberies are done one in an others necke. And who is the cause of all this? Euen the Iudge himself; he is the principall theefe, he is the principall adulterer, he is ye principall murtherer. It is he that hath robbed God of his glory and men of the right which he would hauehave to be obserued, it is he that hath as it were made open proclamation that offenders should make their hand and scape scotfree for it. Now then let vsus marke well, that whereas Moses hath declared that wicked witnesses must be punished, that other men may beware by them, and be afraide when they heare of it, and doe no suche deede any more: he sheweth thereby, that if Iudges hauehave not the sternnesse to punish missedeedes without relenting, when they come to their knowledge; they be the cause of all the mischeefes that are committed afterwarde. For they did as it were giuegive leaue to them, in that they punished not the partie as they ought to hauehave done, whome they sawe to hauehave offended. And therefore let them looke wel to their charge vnlesse they will bee blamed as procurers of horrible confusion aboue all other men, for want of executing of Iustice as they shoulde hauehave done. Let that serue for one point.
And herewithall we be taught further, that wee must learne to make our gaine of other mennes harmes. The punishmentes of other men for their offences must be a brydle to vsus, or else wee bee verie blinde, for they bee as lookeingglasses vntounto vsus. When we see a theefe punished, it is as a warning giuen vntounto vsus by our Lorde, to put vsus in minde that robberie is condemned before him. The same is to be sayde of murthers, of adulteries, and of other like things. True it is that euen without those examples wee ought to be wise ynough to restreine ourselues: but yet if we be so harde hearted and negligent, as not to hauehave sufficient regarde of the brydling of our selues without warning by such visible examples: at leastwise lette vsus learne to fare the better by those thinges, when they be added for our help. But when a theefe is whipped or hanged, or when a murtherer is beheaded, if the sight therof w…y no further with vsus than to make vsus refraine for feare of men or for feare of punishment by order of Lawe: it is a small matter, and we be neuer the better by it. Nay, we must steppe one steppe further: which is, to consider that GOD who reigneth ouer vsus in heauen, will hauehave the punishmentes of offenders to be as liuely pictures to shewe vsus that murtherers, & theeues, and al such like, shal not scape his hande, but that although they be not punished here beneath, yet they must come at length before the heauenly Iudge. Let vsus …hen consider that: and let vsus take such warning by it, as eueryevery of vsus may brydle ourselues. For that is the seconde point whereto wee must come, if we intende to receiue good instruction by any of the punishmentes that are executed vponupon mens crimes and misdeedes. Yea and lette vsus not tarrie till men set to their handes: but whensoeuer GOD executeth his iudgementes, let vsus awake to thinke vppon them more aduisedly, as Saint Paule exhorteth vsus.Eph. 5.6. Beware (sayeth he) that no man deceiue you: for by reason of such thinges doeth Gods wrath come vponupon the disobedient. He sayeth not that the disobedient shall bee punished by earthly Iustice, for manie times Iustice sleepeth vponupon earth, and is not executed with such force and liuelinesse as were requisite. But Saint Paul sayeth, that Gods wrath is wont to come vppon the disobedient; and therefore take heede (sayeth hee) that vaine wordes deceiue you not. And in that place hee speaketh of Theft, Murder, Whooredome. O, will some say, It is lawful for a man to reuenge himselfe: and if a man hauehave done mee a displeasure I may requite him with the like. Likewise concerning Lecherie, the despisers of GOD and these leaude persons which are not worthie to goe vppon the grounde, say it is but a naturall sinne. But Saint Paul sayeth, Looke well about you, and although euill deedes scape vnpunished in this worlde, thinke not that GOD will therefore omitte his dewtie: all thinges must come to account before him. Neuerthelesse, when yee see that he layeth his hande vponupon an offender; lette it be as a sommoning to eueryevery of you, and let it doe you to wit, that his graunting of you the fauour to see other folkes punished before your faces, is to the ende you benefite your selues by his correction. And so yee see what wee hauehave to marke in that Moses sayeth that the punishing of crimes must serue for common example and instruction, yea euen when they bee but heard of.
Nowe besides our Lordes chastising of such as hauehave offended; hee doeth also make vsus to heare of his Iustice by his worde, in that the threates of his Lawe be dayly rehearsed vntounto vsus, and in that we be tolde of the examples which are sette downe in the holy scripture, concerning such as hauehave beene punished at Gods hande: and are not we too too dulwitted if we take no heede by them? Albeit that GOD spake not at all, but onelyonly wrought in the punishing of murtherers, theeues, blasphemers, periurers, aduouterers, and whoremongers: yet ought wee not to be so blockishe as to take no heede by it. But nowe seeing that God by stretching out his arme after that fashion against the transgressers of his Lawe and ordinaunce, doeth put vsus in minde that his so doing is not for nought, but rather to call vsus to amendment: must it not needes bee that we be too too harde hearted, if we continue still in our former state? Nay let vsus followe that which Moses telleth vsus heere, and learne to open our eares when God speaketh vntounto vsus, and to marke well not onelyonly the examples of the punishmentes which we see presently executed vponupon the wicked: but also all the examples that hauehave beene since the beginning of the worlde, so as we may apply them to our owne vse, & learne by them to liue in awe, that no such act may bee committed among vsus. For hee sayeth not heere that the punishing of misdeedes shall be to the ende that men should onelyonly condemne them in wordes: but to the ende that all men should be afraide and doe no more so. And that is a thing very worthy to be well noted. For we beare our selues in hande that it is ynough for vsus to hauehave condemned a crime, and to hauehave liked well of the Iustice that is executed for it. O (say wee) he deserued it right well. We condemne an other man, and in the meane while wee ourselues are oftentimes more faultie than he. But God will hauehave eueryevery man to be his owne Iudge. Therfore when we see offences punished, let vsus be afraide, and let vsus restraine ourselues, that no such thinges be done among vsus any more. Ye see then that that was one thing more which wee had to remember vponupon this text.
And let vsus marke, that whereas here is mention made of feare, although Moses treate but of outwarde gouernment, yet must we conceiue a better kinde of feare, that is to wit a reuerende awe of God. To say the trueth, the onelyonly feare which we hauehave of punishment would not suffice. It were too slender a thing, and God shoulde be too ill serued at our hands, if there were none other ende: yet neuerthelesse, because of our infirmitie, the punishmentes that are executed ought to bee as prouocations vntounto vsus, to liue in the more awe. Good reason woulde that the louelove of GOD should goe before, and that the reuerence which wee beare vntounto him, shoulde breed an earnest desire in vsus to fashion ourselues all wholly to his righteousnesse; but forasmuch as we be slouthfull and slowe: God vouchsafeth vsus this helpe for our weakenesse, that wee may take warning to amende, by all the punishments which he executeth. Alas that I shoulde bee so madde as to goe make warre wilfully against GOD. I knowe by such an example which hee hath giuen me, that hee abhorreth such a crime: and shall I nowe runne headlong into it? Were it not an open fighting against him, if I shoulde deale so against all wit and reason? Yee see then howe we ought to be restreined by the chastisementes which GOD executeth, and that the feare of him ought to beare such sway in vsus, as to make vsus indeuour to fashion ourselues according to his righteousnesse, and to submit ourselues to his good will.
But nowe let vsus come to the punishment that Moses addeth. His saying is that there shalbee Life for life, Eye for eye, Tooth for tooth, Foote for foote, and Hande for hande. As if he should saye, that hee which hath gone about to do his neighbour harme, shall be serued of the same sawce himselfe. For when one man practiseth an others death, if he shoulde be but put to his fine, and so discharged of it for a peece of money without aunswering any further: what a thing were it? Is all the goods of any man able to counteruaile the life of an other? Peraduenture the partie whose life is sought is but a poore man that hath nothing: but yet is hee such a creature as is fashioned after the image of God. There commeth a riche man to oppresse him, and in deede, the poore soule is as good as halfe dead aforehande, if hee bee oppressed by false witnesse.
Nowe if it be sayde, yea, but his aduersarie is a rich man, hee may well make him good recompence: what recompence I pray you, can be made for a mans life? Therefore our Lorde minding to take away all such shiftes, sayeth, that if any man hauehave practised the death of his neighbour, he himselfe shall dye for for it, without any pitie or compassion. If hee hauehave gone about to hurt him in his eye, or in his arme, or in his foote, he himselfe must abide the like punishment in himselfe: that is to saye, if I hauehave gone about to doe any reproche, or dishonestie to my neighbour; the shame thereof muste light vppon my selfe. We see as nowe whereat GOD aimed. Like as when hee setteth downe the Lawe concerning women with child in the xxj. of Exodus,Exod. 21.…2 23. he sayeth that if a man hauehave hurt them, and any mischaunce followe thereof, the partie that hath doone the hurte shall be punished for it: so also doeth hee adde heere, eye for eye, tooth for toothe, foote for foote, and hande for hande. As if hee should saye, no recompence is to be admitted in that behalfe: the purse must not bee pinched, but the life it selfe muste aunswere for it, at leastwise if the deede concerne life. And so wee see nowe in effecte, howe it hath euer beene Goddes will, to shewe that hee setteth great store by mans life, as he will declare it, yet better hereafter: but yet we hauehave here a good recorde thereof in the meane while.
Moreouer he sheweth that wee must hauehave no respect of persons: but that although a man bee neuer so wel able to forbeare money to saue himselfe withall; yet must not that bee admitted in matters of Iustice. Let ransoming be let alone for warre matters: But in cases of Lawe, faultes must be regarded as they bee in deede. If the fault bee such as may be punished by fyne or amercement, and that the Lawe will beare it; very well, it is good reason it shoulde be so. But if it be a crime that deserueth death, and that the Lawe it selfe doe iudge a man to death for it: if the punishment of death bee turned into a fine, vnderunder colour that the partie offended shall become wealthy, or for that it seemeth better that it should be so; ye law is by that meane peruerted, and the common order is altered by hauing respect of persons: and so all goeth to confusion. And therefore let vsus marke well, that whereas our Lorde hath sayd, life for life, eye for eye, and so foorth: hee hath shewed vsus that in iudging, there must no regarde bee hadde of the persons that are to be condemned. But if it be not a matter of life and death, but a single misdeed or trespasse (as they terme it) that is to say, a light fault and such a one as deserueth not the punishment of death: it is to be punished according to ye qualitie of the offence, and according to the Lawe prouided in that behalfe. But if it bee a deadly crime, the Iudge must shut his eyes as in respect of the person, and deeme simply of the crime and deede it selfe: accordingly also as it is sayd here, that no pitie must be shewed in that behalfe. For the alleadging of merciemercy and pitie towarde offenders, is a thing that alwayes deceiueth many men. What, say they? Should we not bee pitifull? Would not God that wee should resemble him? Seeing it is sayde, that if we be his children wee must be kinde hearted and inclined to pitie and compassion; is it not a barre to all rigour? Yes, but though it be sayde that wee must pitie the partie, yet is it not ment that the fault should be vnpunished. If a malefactor be brought afore a Iudge sitting vppon the bench, the Iudge may well he sorrie to see a poore creature that is shaped after the image of God, to go to destruction. Yea, he must be moued therewith, and hauehave pitie and compassion of him. But yet for all that, he must also looke to his cōmission, what charge he hath receiued, and he must doe Iustice. Hee sitteth vponupon the bench to punish offenders, it is not now for him to shewe pitie, or to alleadge any such thing. Nowe then it is Gods will here to cutte off all by shiftes of pitie and compassion that can be alleadged; and to shewe that Iustice ought to hauehave his course, so as in examining of crimes and misdeedes, the Iudge must be blinde as in respect of persons, and hauehave both his eyes sette fast vppon the deede, and vponupon the deserte of the case. Yea and to the ende there shoulde be no gainesaying; let vsus marke that heere God hath vsed a worde wherein there is some shewe of vertue, saying: Thine eye shall not spare him, neither shalt thou hauehave any pitie on him. Howe so? It is sayde that our eye ought not to spare him, nor our heart to pitie him. And what is to followe then, but such extreeme rigour as is next cousen to crueltie? In deede so will men thinke. But yet is this rigour acceptable to GOD. For we must call to minde howe Salomon sayth, that he which iustifieth the wicked is as faultie before GOD,Prou. 17.1… as he that condemneth the innocent. Is it not a great and ougly abhomination, that a sillie innocent shoulde be condemned to death? Yes: and yet if an offender be let goe, God misliketh it as much as the sheading of guiltlesse bloud. So then, let vsus not deceiue our selues any more, vnderunder the shadowe and colour of any of these faire pretences that are made at al aduenture. There are that abuse the holy scriptures by wresting them euerie way; and this pitie is alleadged continually though they wote not why nor wherefore. Nowe then let vsus vnderstande, that as GOD commaundeth vsus to be mercifull, so he sheweth vsus after what maner and howe farreforth hee alloweth our merciemercy: that is to wit, so farreforth as the course of Iustice be not letted. Yea and let vsus looke vppon ourselues. Is it gentlenesse to be cruell to one man for the sparing of an other? Beholde, there are two men, both of them be my neighbours, we be all three created after the image of God, wee bee all of one nature, they bee my fleshe and my bone as wel the one as the other: one of these playes the false witnesse of purpose to hauehave his neighbour put to death, and it is not long of him that his neighbour is not dead already: Hereupon one comes vntounto me and sayes, O sir, ye must hauehave pitie vppon him. Very well: I shall be pitifull to the one and cruell to the other. Yee see howe the poore man which was at deathes doore is preserued by miracle, and shall I nowe goe sell away his life so good cheape? Is it not an horrible matter that merciemercy should be pretended after that sort? Yes. But if wee were well aduised and had good stay of our affections: surely wee woulde neuer pitie any such crime, for any mans vpbrayding of vsus with crueltie. But it is yet farre worse when a false witnesse steppeth vp against his neighbour: for that is much more than the oppressing of some one man priuily, that is falne in his daunger. For if the sillie soule beeing so falsely accused, had beene executed: by whose hande had he beene punished? The Iudges had beene halfe accessarie, Gods wrath had beene prouoked against the whole countrey, and moreouer a gappe had beene opened for the like inconueniences euer after. A false witnesse therefore sinneth not against one or two, nor against two or three: but first against his aduersarie, secondely against the Lawe, and thirdely against his whole Countrey, in that hee prouoketh Gods wrath against it. For his intent is to deface Iustice, and (as much as in him lyeth) to put all thinges to hauocke. Nowe then if the Iudge hauehave pitie vppon him; hee sheweth himselfe to beare neither louelove nor feare vntounto GOD, nor reuerence vntounto Iustice. For hee ought to thinke thus with himselfe: Of whome had it beene long that I had not beene guiltie of manslaughter, if I had iudged an innocent to death? Indeede I had not done it wittingly: but yet had I not bin excusable for al that. Then was I in danger to hauehave beene guiltie of murther, and in what case were I then, if I shoulde suffer such a fault to scape vnpunished? Now then if a Iudge bethinke him not of these thinges: it is a token that he hath no feare of God in him. Therefore it behooueth vsus so much the more to marke well this saying of Moses, that ye Iudges eye must not spare the partie that hath done a fault worthie of punishment. For it is but crueltie to vse such wrongfull merciemercy, as maketh vsus to runne headlong to the breaking of al order set by God, and of all vprightnesse among men.
Now let vsus kneele downe before the maiestie of our good God with acknowlement of our sins, praying him to make vsus so to feele them, as we may be drawen to true repentaunce, and learne more and more to repaire vntounto him, not tarying till hee hale vsus thither by force, but seeing hee vouchsafeth to allure vsus so gently by his worde, let vsus come willingly vntounto him, and prouoking our selues forward, become our owne iudges, yt in condemning ourselues we may seeke to be acquit by his merciemercy: And that it may please him to guide vsus in the meane time, as that being rid of our wicked affections, & cares that holde vsus backe from comming to him, we may shewe by our deedes that we be his true children, and that we beare the marke of his holy spirit. That it may please him to graunt this grace, not onelyonly to vsus but also to all people and nations of the earth, &c.