Commentaries, Commentary on Judges · Chapter 21

Commentaries · Commentary on Judges · Chapter 21

¶The .xxi. Chapter.

1 ANd the men of Iſrael ſware in Mizpa ſaying: Ther ſhal not a man of vsus geue his doughter to any of Beniamin to wyfe.

2 And y^e people came into y^e houſe of god, & abode there til euen before god, & lifted vp theyr voice & wept ſore.

3 And they ſayd: O Lorde God of Iſrael, why is this chaunced in Iſrael, that there ſhould be this day one tribe lacking in Iſraell?

4 And on the morowe the people roſe vp, and made there an altar, p. 280and offred burnt offringes and peace offringes.

5 And the children of Iſraell ſayde: Who are they amonge all the tribes of Iſrael, that came not with the congregatiō vntounto the lord? For they had made a great othe concerning them that came not vp to the lord in Mizpah, ſaying, that they ſhould ſurely dye.

6 And the children of Iſraell had pity on theyr brother Beniamin, and ſayd: There is one tribe cut of from Iſraell this day.

7 What ſhall wee doo vntounto the remnant of them, for to get them wiues, for aſmuch as we hauehave ſworne by the Lord, that we will not geue them of our daughters to wiues?

8 They ſayd, I ſay: What ar they of the tribes of Iſrael, that came not vp to Mizpah vntounto the lord? And behold there came none of the inhabiters of Iabes-Gilead vntounto the congregation.

9 For the people was numbred, and beholde there was not one of the inhabiters of Iabes-Gilead there.

10 And the congregation ſent thither .12. thouſande men of the ſtrō geſt of thē, & commaunded thē ſayinge: Go and ſmite the inhabiters of Iabes-Gilead with the edge of the ſword both women & childrē.

11 And this is that ye ſhall do, vtterly deſtroy all the males and all the women that hauehave lien by men.

12 And they found among the inhabiters of Iabes-Gilead .400. mayden virgins, that had knowen no man be lying with any male. And they brought them to the hoſt in Siloh, which was in the land of Chanaan.

13 And the whole congregatiō ſent & ſpake vntounto the childrē of Beniamin, that were in the rocke Rimmon, & called peaceably vntounto thē.

The Iſraelites, as farre as may be gathered by this hiſtory, had bound themſelues with a double othe. Firſt, y^t no man ſhould geue his doughter to wyfe to the Beniamites: which was nothing els, but that they were minded vtterlye to deſtroy the tribe of Beniamin. Farther, they ſware that if any of the Iſraelites had not put to his help agaynſt the Beniamites, he ſhould be ſlain. Here are very many things worthy to be noted. Firſt, we muſt conſider that the Iſralites wer to ſeuere againſt the Beniamits. For they did not onelyonly ſlay the men, but alſo the wiues and maydens: wherefore there were no women left on liue for thoſe .600 menne whiche were remaininge, to engender yſſue of. But afterwarde when the ſame Iſraelites more diligentlye conſidered their acte, they iudged it not wel done, that a whole tribe ſhould be cleane deſtroyed. Of which they nothing thought when they were in their great iury and rage. Wherfore they now accuſe theyr cruelty, and deteſt theyr rigorouſnes which they had vſed.

But that they bound themſelues with an othe, y^t they woulde not geue their doughters in matrimony to the Beniamites, it is not in this hiſtory mencioned: but yet it is moſt likely y^t it thē happened, whē they were in Mizpah, & the Beniamites would not deliuer the guilty. Wherfore the Beniamites wer oppreſſed w^t great miſeries. For ether they muſt take to wiues foren & ſtraūge wemē, which thing was prohibited thē by the law, or els they muſt perpetually lead a ſole life without wiues, and ſo that tribe ſhould vtterly periſh.The Iſraelites were to cruel agaynſt the Bē iamites. The Iſraelites in y^t they mourn, do ſuffer puniſhments for theyr cruelty. For it ſhould hauehave ben inough for them to hauehave puniſhed the men. What nede was there to ſlay women & maidens which had nothing offēded? Vnles peraduenture they had vowed the vow Cherem. But ſuch a vow it was not lawfull for them to vow, but by the authority and commaundement of God, whych appeareth not to hauehave beene doone in this hiſtorye. In reuenginge we muſte keepe a meane: for all are not to be ſlaine which come into the power of them that ouercome. It is ſufficient to puniſh the guilty.God puniſheth moderatly. God ſlew in Egipt Pharao, alſo the firſte begotten, and many other, yet deſtroyed he not the whole nation. And when he deſtroyed Sodom, he ſaued both Lot and alſo his famelye, and deliuered from miſery the citye Zoar, whither Lot went. And in the flood when he drowned the worlde with water, yet he woulde ſaue on lyue Noah with his famely. But it ſemeth that theſe men determined, vtterly to deſtroy al the Beniamites: whiche theyr counſel God allowed not, who when the Iewes were afflicted of the Chaldeians, and they raged more cruellye againſt them then was mete, both threatned to puniſh them, and alſo did indede puniſh them moſt grieuouſly.

The variety of mans nature.Now the Iſraelits repent them of their cruelty: but it is to late. They ſhould hauehave thought of this thing before. But this is the nature of man, theſe that floriſh they are angry with, and enuy them, & when the ſame men are ouerthrown & deiected,Architas Tarentius. Athenodorus they pity thē. The ſword is not raſhly to be moued, neither ſhould puniſhmentes be executed with an angry mind. Architas the Tarentine hath a very wiſe ſaying vntounto his ſeruant: If I were not angry I would puniſh thee. Athenodorus a Philoſopher very wel learned when he had gotten leaue of Auguſtus to depart home, & being deſyred to leaue ſome notable precept with him, aūſwered very wiſely: Before thou geue place to anger & execute auengment, firſt ſay ouer with thy ſelfe in order all the letters of the Greke Alphabete, namely that in that ſpace and detracting of time the violence of the mind may aſſwage.The othe of the Iſraelites being vniuſt, did not bind them to obſerue it. It was not lawfull for daughters to marry without the conſent of theyr parents.

Farther we muſt note that this othe of the Iſraelites of not geuinge wiues vntounto the Beniamites, was neyther godly nor lawefull. Wherefore they were not bound to obſerue it. Howbeit we vnderſtand by this hiſtory, y^t this was of force among the people of god, that the daughters ſhould not mary without the conſent of theyr parentes. For if it had bene lawfull for thē to hauehave maried againſt theyr parentes will, a man might hauehave ſaide: Althoughe ye will not geue your daughters vntounto them, they of their owne accord may contract matrimony with them. This thing is ſo agreable vntounto nature, that the Romaine lawes alſo forbid that matrimony ſhould be firme, except it be contracted by the conſent of the parents, as we hauehave before declared. But that thing which neither God, nor nature, nor good lawes can ſuffer, the ſame doth the Papiſticall ſuperſtition eaſely admitte.

The Iſraelites come to Siloh for two cauſes, partly to aſke counſell of God concerning the Beniamites, and partly to geue thanks vntounto God for the victory. Therfore they burne ſacrifices and burnt offringes. And they wept for the miſery of the Beniamites, euen vntil euen. Wherfore it appeareth that they faſted the whole day, otherwiſe they could not hauehave wept before the lord vntill euen.

Why the Iſraelites erected an altare. Dauid KimhiAnd they erected an alter. But to what ende? There was an altare there before. Some aunſwere that there was an altare there indeede, but it was ſo old, that it was halfe decayed, and therfore it neded to be repayred. But Kimhi ſaith that it was a cuſtome, that when all the people ſhoulde publikely aſke counſell of God, there ſhould of new an altare be erected. But this he affirmeth without the authority of the word of God. I rather thinke, when ſo great a multitude of people aſſembled together, ther was ſo great a number of ſacrifices, that the old altare was not ſufficient to do holy ſeruices vponupon. Wherfore that the ſeruice of of god ſhould be with more expedition finiſhed, there was erected an other altar. Which thinge alſo we rede Salomon did, when he dedicated the temple whiche he had built.

When they had wept, bicauſe of the othe wherby they had bound themſelues not to mary theyr daughters vntounto the Beniamites, they thought vponupon the other othe, whereby they had vowed themſelues to ſlay all thoſe whiche woulde not p. 281put to their helpe to the common warre. Neither is their any mencion made before of this latter othe. For many thinges are ouerpaſſed in the hiſtorye, which are afterwarde ſpoken of, althoughe not in their place. And whileſt they are in hand with theſe thinges, with one and the ſelfe ſame labour they both prepare wiues for the Beniamites, and alſo ſaued their othe. For they which wer abſent from the warre, were not bounde by the othe. Wherfore they might mary their daughters vntounto the Beniamites.

But as touching the firſt othe for not geuing wiues to the tribe of Beniamin, it was not lawful. Wherfore it might hauehave bene broken without any violating of religion: for the cutting of of that tribe, was againſt the word of god. For his wil was that it ſhould be preſerued among the people of Iſrael. For God by Iacob the Patriarche gaue manye and excellent bleſſynges vntounto the Beniamites, which bleſſinges alſo Moſes in Deut. repeated. But although ſuch an othe was not ratefied, yet the Iſraelites do wiſely in that they labour, both to prouide for the Beniamites, and alſo not to be counted raſhly to violate their othe.An example of Ioſuah. So Ioſua ſware that he would ſaue the Gabaonites, when as yet god had cōmaunded that al the Chananites ſhould be ſlayn. For he found a meanes that they ſhould ſerue in the tabernacle, and ſo by that meanes bee after a ſorte puniſhed wyth cyuill death. Although he durſt not do that, but by the commaundement of god. And he would that the people by his example, ſhould learn not eaſely to violate an oth.For example ſake euen vain othes ar not eaſely to be violated. What men the Iabenites wer As touching the Iabanites, in that they are called Galaadites, it manifeſtly appeareth that they pertained vntounto the tribe of Manaſſes, and dwelled beyond Iordan. They bicauſe they were not preſent at this warre, are iudge of al the Iſraelites as enemies, who being deſtroyed, their maidens which remained on lyue, were brought to Siloh, into the land of Chanaan. And it is rightly added in the lande of Chanaan, bycauſe Iabes Gilead was not there, but in halfe the Tribe of Manaſſes, beyonde Iordane.

This warre againſt the Iabenites was iuſtly and worthely taken in hande,The Iabenits are worthely inuaded. bycauſe they obeyed not the publike cōmaundement. The Iſraelites had bound them ſelues by an othe, that whoſoeuer withdrew himſelfe from this war, the ſame ſhould be put to death. Therfore they counted the Iabenites as enemyes, leaſt other men by their example ſhould contemne publike decrees. The Beniamites had committed a grieuous wicked crime: but theſe men in that they refuſed the common warre, and weakened the authority of the publike wealth, ſeme alſo to fauor their crime.The puniſhment of Metius Suffecius. It is not the parte of good Citizens in warre taken in hand by common counſel, to withdraw themſelues by priuate counſell. Metius Suffecius captaine of Albany, when he forſoke Tullus Hoſtilius, fighting againſt the Fidenates, by the commaundement of Tullus was bound to two cartes, and ſo drawē in peces. Solon depriued him of al honour & dignity,Solon. A decre of Pō peius. which in the time of ſedicion adioyned himſelfe to neyther party. And Pompeius (as Plutarche affirmeth) when he fled from Ceſar, proclaymed that he woulde count all them to be enemies which abode at Rome, and helped not the common cauſe. And after this maner are the Iabenites preſcribed and counted for enemies. And no otherwiſe are they to be counted, which in this our tyme, when there is controuerſye concerning religion, doo diſſemble althinges, when as in the meane tyme they wyl neither ſtand on the Papiſtes ſyde, nor on ours.It is not lawful for vsus in religion to be neuters. They (ſay they) wyll ſtand in the myddeſt betwene both, which is nothing els, then that they wyll be wyth the aduerſaries or enemies. For they halte on either ſide, and therfore it may be ſaid that after a ſort they fauor them. Farther the cauſe of religion is farre greater and greuouſer then the cauſe of the publike wealth. In the Churche no man can excuſe himſelfe that hee is a ſtraunger: for no man which profeſſeth himſelf to be a Chriſtian, can be a ſtraunger from religion: wherfore warre is iuſtly proclaymed againſt the Iabenites.

Althoughe I thinke that in this matter alſo the Iſralites wer to cruel. For it ſemeth that it ſhould hauehave bene ſufficient to hauehave ſlaine the men that were apt vntounto warre,To much crueltye againſt the Iabenites. which had committed the crime of rebellion. But to kil womē, old men, and children, it was to much cruelty. Neither could they ſay that they had vowed vntounto the Lord the vow Cherem, foraſmuch as they had ſaued the mayden virgins. And vndoubtedly ſo great cruelty turned them to euyl: for if they had delt more gently with the Iabenites, they had had more women for the Beniamites. Neither coulde they hauehave geuen counſell to hauehave vſed force to get them ſelues wiues. But it is good to vnderſtand how the Iſraelites founde oute that the Iabenites were abſent.

The battaile being finiſhed, they al aſſembled to Siloh, and numbred the people, among whom when they founde none of the Iabenites, they eaſelye vnderſtoode that they were abſent from the warre. So great was their piety and religion at that time, that when they had obtained the victory, al of them aſſembled together to geue thankes vntounto God. But that thing is contemned now a daies: for how many are there, which when they hauehave gotten the victory, wil acknowledge the benefite of God, and geue him thankes. Preachers do out of the Pulpit admoniſh the people to pray publikely for ſicke folkes, of which we either ſe, or heare of none in a maner, which when they are reſtored to health, do publikelye geue thankes vntounto God, for that they hauehave by the prayers of the Churche eſcaped free.

They proclaymed peace vntounto them which were in Rimmon. That is, gaue them ſafeconduct to returne home againe in ſafety.

14 And Beniamin returned at that tyme, and they gaue them wiues, whom they had made on lyue of the women of Iabes Gilead, which yet were not ſufficient for them.

15 And the people had compaſſion on Beniamin, bicauſe the Lord had made a gappe in the tribes of Iſrael.

16 And then the Elders of the congregacion ſayd: what ſhall wee do for wiues for the reſt? For the womē of Beniamin are deſtroied.

17 And they ſayd: There muſt be an inheritance for them that bee eſcaped of Beniamin, that a tribe be not deſtroyed out of Iſrael.

18 For we cannot geue them of our daughters to wyues. For the chyldren of Iſrael had ſworne ſaying: Curſed be he that geueth a wyfe to Beniamin.

19 Then they ſayd: Behold, there is a feaſt of a Lorde yearelye in Siloh, in the place which is on the North ſyde of the houſe of God, and on the Eaſt ſyde of the way that goeth from the houſe of God, vntounto Sechem, and is South from Libanon.

20 And they commaunded the chyldren of Beniamin, ſaying: Go and lye in wayte in the vyneyardes.

21 And take hede: For behold, if the doughters of Siloh come out to daunce in a row, then come ye out of the vyneyardes, and catche vntounto you eueryevery man hys wyfe, of the daughters of Siloh, and get you into the land of Beniamin.

22 And if their fathers or brethren come vntounto vsus to complayne, we wyll ſay vntounto them: HaueHave pity on vsus for them, bicauſe we reſerued not to eche man hys wyfe in tyme of war. And bicauſe ye hauehave not geuen vntounto them, ſo that ye hauehave at this tyme offended.

23 And the children of Beniamin did euen ſo, and tooke them wiues of the dauncers, according to their number, whom they cought, p. 282and went their wayes and returned eueryevery man to hys inheritance. And repairyng their cities they dwelt in them.

24 And the children of Iſrael departed thence at that time, euerye man to hys trybe, and to his famelye. And went out from thence euerye man to hys inheritaunce.

25 In thoſe dayes there was no kyng in Iſrael, but eueryevery man did that which ſeemed ryght in hys owne eyes.

They are ſayd to hauehave made on lyue thoſe maydens, whom they had not ſlain: for foraſmuch as they had thē in their power, it ſemed y^t they might iuſtly hauehave ſlayne them. But they would preſerue them on lyue:Whereby they vnderſtode that God wold ſaue the tribe of Bē iamin. for that they ſawe it was not the wyl of God, that al the Beniamites ſhould vtterly be deſtroyed, and here by they vnderſtoode the wil of God, bicauſe he had cauſed ſixe hundreth of them to eſcape. Wherfore they gaue them ſafeconduct, and the maydens of the Iabenites to be their wiues.

God made a breache in Iſrael. That which they did themſelues, they aſcribe vntounto God. A breache they cal the cutting of of one tribe. Here is expreſſedlye ſet foorth the inconſtancy of mans minde. In that fury and hot anger they woulde hauehave deſtroyed al, and they deſyred of God to graunt them a ful victory: & when they hauehave obtained it, and finiſhed the matter, they mourne & afflict themſelues. If they had moderatly vſed the victory, this thing had not happened vntounto them. After the ſame maner they ſynned againſt the Iabenites: for if they had not ſlaine al the women ther, they had had wiues inough for the Beniamites. Now hauing ſlayne all, they found onelyonly .400. mayden virgins: which not being ſufficient, they are compelled to ſeeke other by rapte or ſtelth.

And the Elders ſayd. So were the Senators or Senadrim called, or els the Tribunes and Centurions, which were rulers ouer the warlike affaires. Let their inheritance be ſafe. Ioſua had appointed vntounto eueryevery tribe his inheritance. Wherfore the Iſraelites could not clayme vntounto them ſelues the landes of the Beniamites.

Curſed be he which geueth his daughter. What mooued the Iſraelites to ſweare.Hereby appeareth the forme of the othe: it was an othe of execration. This act of the Iſraelites had ſome ſhewe of equity. For godlye men ought not to contract matrimonies with the vngodlye. And it is moſt manifeſt that the Beniamites were vngodly, when as they would neither deliuer nor puniſh the guilty. Beſides that, they conſidered that the Beniamites wer now not much vnlike vntounto the Chananites, for as much as they had cōmitted wicked acts, like vntounto their ſyns. But God had forbidden the Iſraelits to mary with the Chananites. Wherefore they coūted it a wycked thing to geue their daughters in matrimonye to them. Howbeit they oughte not ſo to hauehave done. For what if they had repented,The oth of the Iſraelits was not fyrme. might they not then hauehave contracted matrimonies with them? That othe was raſhly and without iudgement made, neither ought it by any meanes to hauehave bene kept. Neither, as it is moſt lykelye, was it obſerued of their poſterity.

A ſolemnity in Siloh from yeare to yeare. It was a yearely ſolemnity, whervnto they vſed publikely to aſſemble: but for aſmuche as the Iewes had manye ſuche feaſtes, it is vncertain, what maner of ſolemnity this was,Dauid Kimhi of which mencion is now made. Yet I maruaile that Kimhi ſayth, that this feaſt ſeemeth to hauehave bene Kippurim, whē as it is written y^t thei had a famous dauncing, which wer abſurde to be added in a publike faſt.The Chaldey paraphraſt. The Chaldey Paraphraſt ſeemeth to hauehave a reſpect vntounto the feaſt of the Calēdes or new Moones, in which feaſt wer thankes geuen vntounto God for the gouerning of the world, and courſe of thinges, as vponupon the Sabaoth day for the creation of thinges. But I confeſſe that I am ignorant what maner of feaſt this was. How be it I am of that opinion, that I thinke it was the ſolemnity of the tabernacles.

There is a feaſt day of God in Siloh. This deſcription ſheweth not that it was the ſolemnity of the place, but rather of the people of Iſrael, which aſſembled vntounto the feaſt: and foraſmuch as one City coulde not hold al the Iſraelites, they aſſembled vntounto al the partes adioyning vntounto the City, & to thoſe in eſpecial which are here deſcribed. And the Elders do appoynt theſe places by name, y^t they might there hide them commodiouſly, and leade away the maydens as they were dauncing. As though they ſhould hauehave ſayde: VntoUnto thoſe places they wyll come, out of the hidden places you may breake foorth, and ſteale them away. Hereby wee maye perceaue,It was ſynne to daunce at the ſolemnity. It is ſynne to abuſe the feaſt dayes. that the virgins in holye aſſemblies gaue themſelues to playes and daunces, which was to abuſe the feaſt day. It had bene better for them to hauehave occupied them ſelues about grauer matters. For the feaſt daies were to this end inſtituted, that the people ſhoulde aſſemble together to heare the woord of God, to be preſent at the ſacrifices, where they ſhoulde both cal vponupon God, and communicate together the Sacramentes inſtituted of God. Wherfore it is no maruail if theſe maidens were ſo ſtollen away.

Wher as it is written: And when their Abothem, that is their fathers, ſhall come, & againe Achihem, that is their brethren, this letter Men is put for Nun, that is M. for N. namely the maſculine gender for the feminine. Which forme of ſpeaking is often vſed in the holy ſcriptures.

HaueHave compaſsion on vsus for them. The ſenſe of this ſhort and briefe prayer is this: We wil ſay that we wer ſorowful and penſiue, and that we could no other way ſeeke and prouide wiues for the Beniamites. And whatſoeuer is done, we wil affirme to hauehave bene done by our counſel, and that we were the authors therof. And ſo we wil deſire them, for our ſakes to pardon you. Other do eaſelier expound it: Gratefy vsus, and geue vsus your maidens, if you thinke them vnworthy to hauehave them. We thought that there had bene maidens inough of the Iabenites: but that happened otherwiſe. Wherefore we were conſtrained to prouide for them by ſome other meanes. And if they wil ſay that they are bounde by an othe, and that they cannot geue them: vntounto that we wil anſwer, that their othe is ſatiſfied, bicauſe they themſelues hauehave not geuē their daughters, but ye hauehave ſtollen them. Here we perceaue that a publike othe is lenefied and mitigated by the interpretacion of the Elders. And vndoubtedlye that is their office whyche gouerne a publike wealth. Ye (ſay they) hauehave not geuen them of your owne free wyl, wherfore ye are free from the othe. Therefore the Beniamites are prouided for by rapte or ſtelth.The rapt of the Sabines. In the Romane hiſtorye alſo it is ſaide that the virgines of Sabine were rapte or ſtollen, but yet ſomewhat after an other ſorte. For ther the virgins whych were rapt, were ſtraungers, neyther had Romulus any ryght ouer them: but theſe maidens were Iſraelites, and were ſubiect vntounto the authority of the people.

In that theſe men interprete and lenefy the othe, it hath ſome ſhewe of equity. For it might ſeeme that the fathers violated not their othe, bicauſe they of their own accorde gaue not their daughters vntounto the Beniamites, but they tooke them away by violence. But if a man more diligently examine the thing, he ſhal finde either of thoſe excuſes falſe,The oth is not wel interpreted bicauſe the Beniamites dyd not of their owne priuate counſel ſteale the maydens, but by the perſwaſion of the Elders. And on the other ſyde it ſeemeth that the Iſraelites gaue their daughters of their owne accord, & fraudulently brake their oth. For the fathers ſware y^t they woulde not geue their daughters to the Beniamites. Howe had they them then? Of the Elders. But they are the fathers of the countrey: wherefore this was no vpright and ſimple dealing:They eſchewing one wicked example fall into an other. neyther dyd guile breake their oth, but rather bound it. The Iſraelites pretended the religion of an othe: which yet they craftelye violated, & cōſented to rapte or ſtealth, which wicked act is no more remiſſe then periurye. They wyll not geue an example of periury, and they graunt to rapte. Farther they violate an other principal pointe of the law of God. For in the laſt chap. of p. 283Numbers it is cōmaunded, that if a mayden be an inheritour, ſhe ſhould not mary into an other tribe, to the ende that inheritances ſhould not be confounded. What therefore if ſome of theſe that were ſtollen, were inheritours? Vndoubtedlye they had againſt the law of God maryed out of their tribe.

If a man wyll ſay, they did thys wyth a good minde, and (as they vſe to ſaye) for a godly intent, that the whole tribe of Beniamin ſhould not vtterlye periſhe: Anſwer may be made, it is not ſufficient that a thing be done with a good minde: bicauſe alſo we muſt ſee that the thyng whych is done, be good, be iuſt, be right, and agreable vntounto the woord of God. Farther, God forbyddeth that matrimonies ſhoulde be ratefied wythout the conſent of the Parentes. But here the maydens are rapte, and maryed not onelyonly wythout the knowledge of the Parentes, but alſo agaynſte their wyls, agaynſt good lawes, and authority of the woord of God. Farther, the Magiſtrate promiſeth to pacefy the Parentes, and to reconcile them vntounto them, if they chaunce to be angry: and ſo they fall from one wycked act into an other, neither aſked they counſel of God in thys thyng. They take counſel of themſelues, as though in a thyng of ſuch perplexity and obicureneſſe they coulde not erre. And that we ſhoulde not maruayle that theſe thyngs ſo happened, this verſe is agayn repeated: There was no king in Iſrael.

Now reſteth to ſpeake apart of Rapte and of Daunces. But as touchyng an othe, I wyll touche onelyonly ſo muche, as I thynke ſufficient to this hiſtory.

¶Of Rapte.

THys woorde Rapte in Hebrue is called Cheteph, the Grecians ſaye foreign, the Latines Rapere, whych is to take away by violence, not al maner of wayes, but as it were by a certayne fury and great violence.What differēce is betwen theft and rapte Wherefore Rapte differeth from theft: bycauſe theft may be commited ſecretely, & wythout violence. Wherfore in the digeſtes de Iureiurando, in the law duobus reis it is had: Though a man ſweare that he hath not rapte any thing away, yet is he not ſtraight way quit of theft. For although that which is done be not rapte, yet it may be theft. So the ciuil law ſeperateth theft from rapte. But to what thynges rapte pertayneth,Of what rapte is here intreated. it is had in the Digeſtes De condictione triticearia in the law .1. Thinges immouable as houſes, landes and Farmes, are inuaded, but thynges moueable, as thynges not hauing lyfe, beaſtes and men are rapted. But we here entreate of the rapte of thyngs moueable, & yet not of althings, but of humane bodies, whych are by violence taken away for luſtes ſake.

There is an other kinde of rapte, but not proper:Auguſtine. which Auguſtine toucheth in his 19 ſermon de verbis Apoſtoli, & it is had in the decrees. 14. queſt .5. chap. Si quid inueniſti, wher he ſayth that thynges which are found muſt be reſtored. Which thing if thou do not, thou haſt rapte them, foraſmuch as thou haſt done what y^u couldeſt, ſo that if thou haddeſt founde more, thou wouldeſt hauehave rapte more. &c.The Gloſer. There the Gloſer very well declareth, what is to be done wyth thinges that are found. Eyther (ſayth he) the ſame thynges are counted for thynges caſt awaye, as if anye owner hath caſt awaye anye thyng, the ſame thyng if a man retayne when he hath founde it, he committeth not theft. But if that thyng whych is found be not wyllingly caſt away,What is to bee done wyth thinges found. neyther thought to hauehave bene wyllingly loſt by the owners (as when a ryng is found, or a purſſe, or any ſuche thyng, whych is not wont to be caſt aſyde) the ſame thing if thou retaine, it is theft, vnles thou keepe it by thee with a wil and mynde to reſtore it again. Wherfore thou muſt publykelye teſtefye that thou haſt founde thoſe thynges, whereby the owner may come to hys owne agayne, as it is decreed in the Digeſtes de furtis, in the lawe Falſus, in the Paragraphe Qui alienum. But if thou keepe it by thee, wyth the mynde not to reſtore it, it is thefte. Whych thing Auguſtine in the place nowe alledged reproueth.

The ſame thyng is decreed in the Code de theſauro, in the law Nemo. And in the inſtitucions de Rerum diuiſione, where it is ordayned, that if a man fynde treaſure in his houſe or grounde, it ſhall be hys that fyndeth it. But if he finde it in an other mans ſoyle, either he hath gotten it by chaunce, or els he ſought for it, if he hauehave gottē it by chaunce, let it be deuided betwene the fynder and the owner: but if he ſought for it, the whole muſte redounde to the owner. If the place were holye, and the treaſure be founde by chaunce, the fynder ſhall hauehave it.

It is added, that if a man ſought treaſure in his own ground,Againſt magi… and artes forbidden. & vſed therunto magike & artes forbiddē, the thing foūd ought to be forfaited to the cōmon treaſury. For he which by euil meanes hath ſought a thing, ſemeth vnworthy to be poſſeſſor therof. But to returne to Auguſtine, that which I before ſaid, I affirm that it is not properly rapte,Origene. if a man hold backe a thing that he hath founde. Which thing Origene plainly declareth in his .4. Homely vponupon Leuiticus: Some ſaith he, wyll not reſtore that which they hauehave found. For they ſay that God hath geuen it them. But whatſoeuer they ſay it is a crime like vntounto rapte. He ſaith not that it is rapt, but a certain thing like vntounto it. Although we hauehave out of the ciuil law made a difference betwene theft and rapte, yet may rapte be called theft, but yet ſo that there be added violence. In the digeſtes de furtis, in the law Si vendidero, it is thus writtē: A rapter eueryevery way cōmitteth theft, and is an open theefe. But omitting theſe thinges let vsus returne to that kinde of rapte wherof we now intreate.

Some ſaid, that to rapte is nothing els then violentlye to leade awaye a mayden from the houſe of her father, to the ende after he hath defiled her, to marye her to hys wife. But this definicion is not ful nor abſolute, although it be vſurped of the Canoniſtes, in the .36. queſtion .1. chap. Lex illa, Paragraphe Cum ergo. For in this our hiſtory the maydens were rapted, and yet not led away from their fathers houſe, but out of the field or vineyardes. Neyther is that true which is added, namely to mary her, or to hauehave her to his wife, when he hath defiled her. For the rapter may either hauehave a wyl to hauehave her for his Concubine, or to abuſe her for his pleaſure, although he take her not to wyfe. Farther, this foreſaid definicion mencioneth onelyonly of maydens, whē as yet neuertheles both maried women and wydowes, alſo free mayd ſeruants, and bondmayd ſeruants, & alſo yong children may ſomtime bee rapted. Wherefore that crime extendeth farther then that definicion containeth. OnelyOnly harlots ſeeme to be exempted. For they are not ſaid properly to be rapted, although they be led away by violence. And vndoutedly it is then no action of rapt, but onelyonly of iniuries. But ſuch perſons are vnderſtand to be rapted from the cuſtody eyther of the parent, or of their Tutor, or Guarden, or Patrone, or Lord, to the ende to hauehave vnlawfull accompanieng together, whyther matrimony do follow or no.

Of the puniſhmentes of rapters.Now muſt we declare what puniſhments are ordeined for rapters. In the Code de raptu virginum et viduarum in the law Vinca, Iuſtinianus intreateth at large of that matter, & maketh the rapte of the perſons, which I hauehave before reherſed, death, ſo that alſo the companions, and they which hauehave holpen the rapter, are comprehended in the ſame puniſhment. Neither was that thought to be ſufficient, but ther were inuented other puniſhments more grieuous then death. For it is decreed that not onelye the Iudges & Magiſtrates ſhal put him to death, but alſo if the rapter be takē in the wicked act doing by the parents, brethren, kinſfolkes, tutor, gouerner, lord, patrone, or finally by him in whoſe power ſhe is that is rapted, they may kyl him, & that without any puniſhment. It is alſo ordayned, that they which are preſent with the rapter, & defend him in his filthye act, maye alſo be ſlaine wythout any puniſhment to hym or them that killeth them.

Rapte is ſometimes cōmitted againſt a mans own ſpouſe.He addeth moreouer, that rapte is ſomtime cōmitted againſt a mans owne proper ſpouſe, as if one by violence take away her, whō he hath not yet maryed. And if a man take away an other mans wife, he doth not onelyonly cōmit adultery, but alſo rapt. If the rapter be not ſlaine in the very wicked act doing, he ought afterward to be put to death by the Iudges or Magiſtrates, & that in ſuch ſort, that though he appeale vntounto a ſuperior magiſtrate, he ſhal not be heard. And that thing ſaith Iuſtinian was ordained by the law called Lex Conſtantinia. Power to appeale is taken away frō rapters.Vndoubtedly it is grieuous not to be heard if thou appeale: which thing is here decreed. So great a matter dyd the ciuill lawes make of rapte

In freemaid ſeruants, & bondmaid ſeruants the puniſhment is ended with death: but if a frewoman be rapted, the goods of the rapter, & thoſe which be preſent w^t him, …o turne to her vſe that is rapted. Neither is it any thing worth for the rapter to geue away his goods, or to bequeath them away by wil, but they fal into the hands of her that is rapted, & that not onelyonly for a time, but alſo for euer, ſo that ſhe may either ſell them, or alienate them, or geue them for a dowry. One thing onelyonly is excepted, vnles ſhe that is rapted doo marye the rapter, the goods of the rapter are geuen her on that condicion that ſhe ſhould not mary hym. And the reaſon of the law is added, bycauſe in our publike wealth we ſuffer not, that a man ſhoulde marye a wyfe after the maner of an enemy. For Citizens are wont to mary their wyues, and not to rapt them. But what was done with them, which although they wer not preſent at the rapt, yet were a counſel therof, or being wytting thereof, vttered it not, or afterward receaued p. 284the rapter into their houſe? Iuſtinian decreed, that they in deede ſhoulde not looſe their goods, but onelye be put to death. But if a bondman, or bondwoman were taken either in cōmitting or ayding this crime, they were commaunded to be burnt wyth fyre.

But what if a mayden wil by her own conſent be rapte? None of the puniſhment for al that (ſaith Iuſtinian) ought to be diminiſhed, it is vtterlye al one, whither the woman wil, or wil not. And the reaſon is added, bicauſe if the rapter woulde abſtayne from the rapte, it is not very likely that any woman wil offer her ſelfe of her owne accorde to be rapted. Wherfore it ſemeth probable, that ſhe was won by flattery & deceites. Yea, & the Parents of the maiden, if they conſent to the rapte, are cōmaūded to be baniſhed. Theſe things Iuſtinian decreeth in the Code, who yet afterward in the Authentikes (where is entreated of womē rapted, which mary the rapters) was cōpelled to make y^e law new, bicauſe ther wer which canelled, that if ſhe that was rapted did conſent vntounto matrimony, ſhe might poſſes the goods of the rapter. For ſo they interpreted the firſt law: y^t the goods of the rapter ought to come vntounto her that was rapted, if ſhe maried him, or if he in his wil made her his heire: But we (ſaith Iuſtinian) ment no ſuch thing: for our lawes do not appoint rewardes for a wicked crime. Farther, neither can he make any wil, for aſmuch as he is now condemned to dye, neither do our lawes ſuffer any ſuch matrimony to be of force. And if it be no matrimony, how thē cā ſhe poſſes y^e goods of the rapter in the name of a dowry? wherfore he decreed that ſuch matrimonies ſhould not be ratefied. What then ſhal become of the goods of the rapter? If the maiden (ſaith he) hauehave parentes, which hauehave not therunto conſented, thoſe goods ſhall come vntounto them. But if they hauehave conſented as it is alredy ſaid, they were baniſhed without anye propritye of goods or landes, which kinde of puniſhment was much more grieuous then playn exile. But if the mayden had no Parentes, or had thoſe which conſented, the goods of the rapter were confiſcate to the cōmon treaſory. By theſe thinges appeareth that in thoſe tymes rapte was counted a deteſtable crime.

Wherunto this thing alſo I wil adde, if any daughter had maried againſt the wyll of her parents, or otherwiſe behaued her ſelf wantonly & vnchaſtly, it was lawfull for the parents to diſinherite her, as it is had in the Code, De Inofficioſo Teſtamento, in the law ſi fileam. This one thing is excepted. If the father knew that the iuſt time of matrimony was paſt, & he would not place his daughter, then hath he nothing to ſaye againſt hys doughter, if ſhe mary without his knowledge, or againſt his wil: yea rather he is compelled to geue her a dowry, as it is had in the Code in the ſame place, in the law Si poſt viginti quinque annos. Wherby it appeareth that .25. yeares was the time of fartheſt prolō gacion of matrimonye. The ſame thing is had in the Digeſtes, De ritu nuptiarum, What if a woman rapt a māin the law qui liberos, Other lawyers determine the ſame thing, if a woman rapte a man: although they ſay that happeneth rarely.

Now is to be added the opinion of the Canoniſts,The opinion of the Canoniſts & what they bring out of the ſcriptures. In the .36. q. 1. Gracian bringeth that definicion of rapte, whiche we hauehave before confuted. But this thing he addeth: That in rapte is iniury done ſomtimes to the maiden, & not to the parants: & ſomtimes to the parents, & not to the mayden: & ſomtimes to both of them. For if the maiden wil be rapt of her own free will, there is no iniurye done vntounto her, but vntounto her parents. But if the parents geue the man power to rapte the daughter, bicauſe ſhe wil not conſent to mary him, then is no iniury done vntounto thē, but vntounto the daughter. But to both of them is iniury done, when the mayden is led away from her parents, againſt her wil, & aginſt their wil,Conſilium An reliauenſe. & in the ſame place he bryngeth the counſel of Orleance, in the chap. de raptoribus, where alſo he confeſſeth that rapte was wont to be puniſhed with death. But it is added, that if the rapter come vntounto the Church, the puniſhment of death is eſcaped. What ſhal there then be done? If the mayden (ſayth he) conſented vntounto the rapter, firſt ſhe ſhall be taken from him, & be reſtored to her parents, but yet being excuſed, that is, a caution receaued, that ſhe be not ſlayne or diſinherited. But if ſhe conſented not, ſhe is by her ſelfe ſufficientlye purged: but the rapter ſhal be compelled to publike penaunce, as it is had in the .36. q. 2. chap. Raptores. But what if he wil not do penance? He ſhalbe excōmunicated,Cōcilium Chal cedonenſe & Cabilonenſe. according to the counſel of Chalcedonia & Cabilonum. But if he do penance, he ſhall be puniſhed by the purſſe. And herein they ſay y^t they follow the word of God, which is written in Deut. 22. chap. If a man defile a mayden, he ſhal geue vntounto her parents .50. ſycles, and ſhal take her to wife. And ſo he condemneth the rapter to pay a certain ſum of mony vntounto the parent of the mayden. The which ſum if he wil not pay, or hauehave not wherwithal to pay, he is driuen to ſerue the father of the maiden for certaine yeres, which the Gloſer contracteth to fyue, vponupon this condicion, that in the meane time he may redeme himſelfe if he wyll.

It is alſo added: If they conſent together, the matrimony is firme, ſo that the father agree therunto. And that theſe matrimonies may be firm betwene the rapter & her that is rapted, it alſo appereth by the decretals de Raptoribus et incendiariis, Conciliū Mel denſe.in the chap. cum cauſa, & in the chap. following. Which thing without dout is againſt the ciuill lawes, & the Canōs that are of the better ſort. But the coūſel of Meldenū hath far otherwiſe decreed. For firſt it hath ordained, that the rapter, & ſhe that is rapted ſhould do publike penāce: afterward it permitteth matrimony, but yet not betwene themſelues, but wyth other. And it is added, that if the huſband or wife of either of them die, he which hath cōmitted the rapte, or conſented vntounto the Rapter, cannot contract new matrimony, except the biſhop releaſe him. Farther it is ordained, that by no meanes any ſuch matrimony ſhuld be firme, no though the Parentes conſent therunto. Yea, and the ſame Gracian confeſſeth,Conſilium Aquiſgrauenſe. that the ſame thing was decreed in the Counſel which was had at Aquiſgranum. Yet afterward, both he himſelfe otherwiſe defineth, & alſo the decretals of the Popes. What then make they of thoſe Counſels? They anſwer, that thoſe Counſels ment this, that it ſhould not be lawful to contract matrimony in that caſe, vnles open penance be fyrſte done, and the conſent of the Parentes had.

Ierome.And to proue that ſentence. Gracian (in the .36. q. 2. chap. Tria) citeth Ierome, who ſemeth to acknowledge three lawful kindes of matrimony. One, when a mayden is geuen in matrimony to a huſband by her Parentes or Tutors. An other, if a mayden bee oppreſſed of a man, & her father afterward conſent to geue her him in matrimony. The third is, if the father cōſent not to ſuch mariages, but geue her vntounto an other mā. Theſe three matrimonies he ſaith are lawful in the holy ſcriptures. But in the .27. q. 2. chap. Additur, is by the teſtimonye of Ierome an other kynde of lawfull matrimonye added, namely when a widow, which is not vnderunder the power of the Parentes, marieth in the Lord. Hereby Gracian gathereth that Ierome acknowledgeth matrimonye betwene the Rapter & her that is rapted. But I perceaue that in the .22. chap. of Exodus, is nothing intreated of rapte, onelye mencion is made of fornication, and not of rapte. For it is ſaid: If he ſhal by flatteries allure her to lye with him, then hath he libertye geuen him, that he may take her to his wife, hauing the conſent of the Parentes. But if a man had rapted a mayden or man chylde, then he was iudged by the lawe called Lex Plagii, which is written in Deutronomy, & teſtifieth that he ſhoulde be puniſhed with death, whoſoeuer ſtealeth a womā or mā in Iſrael. Wherfore ther is nothing writtē in the holy ſcripture (as far as I ſe) as touching y^e eſtabliſhing & racefieng of ſuch a matrimony

But here ſome man wil obiect, that Iacob & his ſonnes conſented, that Sechem one of the ſonnes of Demor,Of the rapte of Dina. ſhould hauehave in matrimony Dina Iacobs daughter, whō Sechem had rapted, ſo that his ſubiectes would ſuffer thēſelues to be circumciſed. I graūt this: but it was done before the law of Moſes was geuen. Neither do we rede that the Patriarches had anye woorde of God concerning this thing. Neither can it be denyed that before the law was publiſhed, very many thinges wer cōmitted againſt it. Iacob, of whō we now intreate, had the ſame time .2. ſiſters in matrimony. Amrā had to wyſe his Aunt, of whom he had Moſes, Aaron, & Maria, which matrimonies, after the law was geuen, wer not lawful. Wherfore the example now brought, proueth nothing.

But if hope of matrimony ſhould be geuen vntounto Rapeters, there ſhoulde be opened a wide window for furious yong men to vſe raptes. For they wyll make no doubt to rapte, if they may hope to mary her whom they hauehave rapted. But all occaſions of euyll are to be taken out of the publike wealth and the Church. Farther, foraſmuche as Parentes are highly to be honored, if matrimonies ſhould againſt their wils he contracted betwene the Rapter and her that is rapted, they ſhould ſuffer great cōtumely. This thing alſo ſemeth to be added, that Lucius the Pope writeth to the biſhop of Burgenū (as it is had Extra de Raproribus et Incendiariis, in the chap. Cum cauſa) that he decreeth, that if a mayden ſaye, that before ſhe was rapted, there were woordes paſſed betwene them of mariage, it cānot be called properly rapte. What ſhal then be done? May ſhe agaynſt her Parents wil mary the Rapter? Innocentius the .3. in the chap. following, decreeth: If a maiden be rapted againſt her wil, and afterward conſent to mary the Rapter, that mariage is alſo firme, yea although it be agaynſt the wil of her Parentes. And he addeth that this is done in the honor of matrimony, when as in deede it apertlye pertayneth to the reproche therof, if a man do more deepely weigh the whole matter. In the 27. q. 2. chap. Raptor, it is had: If a mayden that is rapted, bee betrothed vntounto an other, by the woords of the future tence, ſhe muſt be reſtored vntounto him, ſo that he wil receaueher. But if he wil not, it is free for the maiden which was rapted to mary an other. But if ſhe were betrothed by the woords of the preſent tence, and that ſhe can proue that ſhe was rapted againſt her wil, the ſpouſe if he wil not receaue her, ought to be compelled.

The ſchoolemens opinion. Thomas Aquinas.The ſchole Deuines write not much diſagreing vntounto this. Thomas Aquinas in .2. 2. toucheth this queſtion, whē he writeth that capte ſpringeth of a vehement luſt, wherby the Rapter is ſo troubled, that he neglecteth al daungers. And he wyll hauehave her that is rapted, to be rendred vntounto her Spouſe, if ſhe hauehave any: and if ſhe hauehave none, vntounto her Parentes, or if ſhe be wythout Parentes, to them in whoſe power ſhee was. And then if they wil agree, ſhe may mary the Rapter: but ſo, that firſt be made reſtitucion, bicauſe in al theft and rapte reſtitucion is chiefly required: yet ſaith he, rapte before reſtitucion be made, letteth matrimonye to bee contracted, that is, that they ſynne, if they contract matrimony: but if it be cōtracted, it breaketh not the contract. But to the Canōs which p. 285determine againſt it, be anſwereth, y^t they were made in deteſtacion of y^e crime. But the Pope afterwarde conſidered the matter better. But this was not the parte of a holye man to woorſhip the Pope for God, and ſo to flatter him lyke a bondſclaue. And to the ende he might ſeeme to ſpeake rightlye, he bryngeth the woordes of Ierome, which are in Gracian concerning the three kindes of matrimonye. But how that place ſerueth to this preſent matter, I hauehave before ſhewed. Laſtlye, hee obiecteth vntounto himſelfe the Counſell of Meldenum. But that place he ſayth, is to be vnderſtand: If a man ſhall rapte her which was maryed vntounto an other. As thoughe that were obſcure or doubtfull. Wee neede no Canons to vnderſtand this. A certaine Deuine not of the woorſte ſorte, ſtronglye ſetteth himſelfe againſt Thomas concerning thys thing, and where Thomas ſaith, that rapte letteth not the matrimony already contracted, he aunſwereth, that many decrees make againſt that ſentence. Farther hee bringeth a reaſon, namely that he which is cōmunicate can not receiue the ſacramentes. And then he addeth that the Rapter is excōmunicated: wherfore vnles he do open penāce and reconcile hymſelfe vntounto the Church, he cannot contract matrimony.

But Caietanus there laboureth vtterly to defende hys Thomas,Caitanus. and denyeth that he which is excommunicate, cannot receaue the Sacramentes. Howbeit this he confeſſeth, that he which is excommunicate, ſynneth if hee receaue the Sacramentes. And he addeth: If an excommunicate be admitted to confyrmacion or to holy orders, it cannot be denyed but that hee hath receaued the Sacramentes, neither is it lawful for him to repeate them againe, if he afterward doo penaunce. Farthermore, he ſayth that the Mayſter of the Sentenſes in the .iiii. where he reckoneth the impedimentes, whych take awaye matrimonye contracted, numbreth not rapte at all. Farther, he teacheth that the Rapter, and ſhee that is rapted, are not by the act it ſelf excōmunicated, but to be excōmunicated. But bicauſe he ſeeth it is in the Canons of the counſel of Chalcedon & Cabilon: Let the Rapter and her that is rapted be accurſed, he anſwereth that the Gloſe enterpreteth that ſaying to be of the ſame force, as if it had bene ſayd: Let them be accurſed. Moreouer he anſwereth to the other twoo thynges concerning reſtitucion and penaunce, & he ſayth, that ſhe that is rapted, ought not to be reſtored, but it is ſufficient, if he ſatiſfy the father by ſome meanes, although ſhe bee not rendred vntounto him into his hand: euen as in theft it is not alwayes neceſſary that thinges taken away ſhoulde be reſtored, but ſometymes it is ſufficient, that the iniury be recompenced by a price or bonde. But concerning penaunce he ſayth: The Rapter, if he contract without it, doth ſynne in dede, but yet after he hath contracted, the matrimonye is firme. Laſtlye, he ſaith that the Canons, which decree to the contrary, are either abrogated, or els doo ſpeake of ſpouſes. After this maner Thomas, Caietanus, the Deuines, Eccleſiaſtical men, & Canoniſtes triflle among them ſelues, & play the Paraſites with the Pope their God.

Now wil I declare, what the holy ſcriptures determine of rapte,The ſentence of the holye ſcriptures. and what they iudge thereof. The firſt place is out of the booke of Geneſis the .6. chapter, where it is wrytten: The ſonnes of God ſeing the daughters of men that they were fayre, tooke them to wiues, ſuch as they luſted them ſelues. I know there are brought ſundry interpretacions of this place. Some expounde the ſonnes of God to be angels, which being kindled by the beuty of faire women, had fellowſhip with them. This expoſicion cannot agree: for foraſmuch as angels hauehave no bodies, they cannot burne in ſuch luſtes. Others by the ſonnes of God vnderſtand thoſe which came of Seth, and were brought vp in the true worſhipping of God, who being ouercome with beuty & fayrnes, contracted matrimonies with the daughters of Cain, that is, with Idolatrers and Infidels. Whereby nothing nowe remayned ſounde and perfecte, and therefore God ſending a flood,The Chaldey interpreter. deſtroyed the whole worlde. The Chaldey Interpretour ſayth, that the Sonnes of God were myghtye men, and Magiſtrates, who when they hadde taken to wyues the daughters of vyle men, all thynges were fylled wyth vyces.

Here I ſee was committed rapt, which thing the Chaldey Paraphraſt hath ſignified, which paraphraſt among the Hebrues is of an incredible authority. And aſſuredlye Moſes ſaith not that they deſired thoſe wiues of their Parentes, but onelyonly tooke them whom they lyked beſt. By that place may eaſely be noted the courſe, and as it were the degree of mans peruerſnes. For firſt they ſawe, and then they deſiced, and at the laſt they rapted. Neither were they wonne by their vertues, but onelyonly by the beauty of the body. Wherfore God puniſhed that ſinne by a flood. And although there were many other ſynnes in men, yet this one is expreſſed with a great emphaſis.

Moreouer in the .34. chap. of the ſame booke, Sechem the ſonne of Hemor dyd rapte Dina the daughter of Iacob. But what ende that rapte had, it is not nedeful now to declare.Curioſity was the cauſe that Dina was raptes. But the cauſe why Dina was rapted, was her curioſitye: the mayden would go foorth, and vnderſtand the maners of other women. Curioſity did then hurt her, & alſo wil alwayes hurt women. For if it were hurtful vntounto the famely of Iacob, being ſo great a Patriarche, for a mayden to wander a broade, howe muche more daungerous is it for other famelies, which are not ſo holy nor acceptable vntounto god? But the nature of women is much infected with this vyce. And therefore Paul to Titus, admoniſheth women to louelove their huſbandes, to bring vp their children, and to be byders at home. And to Timothe, when he entreateth of wanton and yong widowes: they wander abroade (ſayth be) and runne from houſe to houſe, and at the laſt go after Sathan. Yea, & theſe virgins, of whom we nowe entreate, when they wandred thorough the vyneyardes, and gaue themſelues idely vntounto dauncinges, were taken vp by the Beniamites. Some man wil ſay, that the brethren of Dina oppreſſed the Hemorhites by guile. It is true in deede, but when they were reproued of their Father, they ſayde: Ought they to hauehave done Niblah, that is, a fooliſhe and wycked thing in Iſrael? And that Dina was rapte not wyllingly, but againſt her wyl, hereby appeareth, bycauſe it is written that Sichem, after he had oppreſſed her, ſpake vntounto her hart, which ſignifieth nothing els, then that he woulde by flatterye hauehave comforted her.

The Beniamites did not properlye commyt rapte. Vniuckiendes of raptes.But it maye ſeeme marueilous, that theſe Beniamites were not puniſhed for their rapte: but we muſt conſider that they dyd not properlye commit rapte, bycauſe they led away the maydens, not onelyonly by their owne counſell, but alſo by the wyl of the Elders. Otherwiſe true and proper rapte hath alwayes had an vnlucky ende. Io Argus was led awaye of the Phenicians, Europa of the men of Creta, Medea of Iaſon, Helena of Paris, all whych raptes ſtyrred vp diſcordes and warres, and alſo the ouerthrowinges of publike wealthes and kingdomes.

Alſo the women of Saba, being of curioſitye deſirous to bee preſent at open ſpectacles,Titus Liuius. Auguſtine. were rapted by the Romanes. Whereof followed ſuche warres, that both nacions were almoſt deſtroyed, as Titus Liuius and Auguſtine De ciuitate dei wryte. Wherefore foraſmuch as God wil not hauehave ſuch wicked actes vnpuniſhed, it is meete that from hence foorth we auoyde ſuche matrimonies. I am not of that ſentence, to deny y^t thoſe matrimonies which hitherto hauehave ben contracted after that maner, are matrimonies. For it is not my mynde to bring in a confuſion of thinges. But theſe two things I affirme, firſt that in contracting there is ſinne, eſpecially if it be done againſt the wil of the Parentes. Farther, that thoſe lawes, wherby ſuche matrimonies are permitted, are to be corrected, that hereafter it be not lawful to doo the like. For we ſee that the order whyche God hath ſet, is peruerted, when Parentes are neglected, by whoſe counſels matrimonies ſhould be contracted. And by this meanes yong mē at encouraged to raptes, whē as they hope y^t they may mary the wiues whō they ſhal rapte. Farther, that which I ſpeake, is agreable with y^e lawes of God, with the law of nature, & with the ciuil lawes. Wherfore let the Canoniſtes & Schoolemen take hede how they iudge the contrary. Now reſteth ſomwhat to ſpeake of daunces.

p. 286¶Of Daunſes.

CHorea that is a daunſe, is formed (as Plato ſayth) of this worde foreign, whiche ſignifieth ioye, bycauſe it is a certayn teſtification of ioy.Seruius. And Seruius (when he interpreteth this verſe of Vergil, Omnis quam chorus & ſocii comitantur ouantes, that is, whō all the daunſe and fellowes followed with mirth) ſaith that chorus is the ſingyng and daunſing of ſuch as be of like age.

But whēce daūces had their beginning, there at ſōdry opiniōs.Of the offryng of Daunſes. Some thinke that men when they beheld the ſondry motiōs of the wādring and fixed ſtarres, ſound out daunſing, wherby y^e variety of motions might be repreſented. Other thinke that daunſes came rather of religion, bycauſe among the old Ethnikes, there were in a maner no holy ſeruices wherein was not leapyng or daunſing. For they led their daunſes from the leaft part of the alter to the right, wherby to reſemble the motion of the heauen from the Eaſt vntounto the Weſt, afterward they returned frō the right to the leaft, to expreſſe the courſe of the wādryng ſtarres. Whiche thyng peraduenture Vergil ſignified when he ſayd:Virgil. Inſtaurant que choros, mixti que altarla circum, that is, and they beyng mixed together renewed theyr daunſes compaſſing about the alters.

Yea & the Prieſtes of Mars whiche were daunſers,Salii the prieſtes of Mars. were had in great honour among the Romanes. And there are ſome alſo which referre the beginning of daū ſing to Hiero a tyran of Sicilia. For he (they ſay) to eſtabliſh his tyranny, forbad the people to ſpeake one to an other.The deuiſe of Hiero. Wherfore men in Sicilia began to expreſſe their meaninges and thoughtes by beckes and geſtures of the body, and y^e thing turned afterwarde into an vſe and cuſtome. But whatſoeuer this thyng was, daunſinges in the olde tyme were not agaynſt Religion: althoughe afterwarde they were applied to publique mirth.

There was alſo an other kind of daunſing, wherby young mē wer exerciſed to warlike affaires. For they wer cōmaunded to make geſtures & to leape, hauyng vponupon thē their armor, y^e afterward they might be the more prompt to fight, whē neede for the publique wealth ſhould require.Saltatio Pyrrhica. This kind of daunſing was called ſaltacio Pyrrhica, & bycauſe it was exerciſed in armor, it was called foreign. Of this daūſing is mētion in y^e ciuile lawes, namely in y^e digeſtes de paenis, in y^e law ad dānū. And ſometymes yong men whē they had offēded, wer not ſtraightway put to death, but were condēned either to hunte vponupon a ſtage, or els to daunſe in armor. And they wer called Pirrhicarii. Alſo there was an other kind of daūſing,Wanton daunſyng. which was inſtituted onelyonly for pleaſure & wantōnes ſake, & that was called of y^e Grecians foreign & foreign. But of thoſe daūſes which by geſtures of y^e body, expreſſed the ſenſes of y^e minde, writeth Lucianus in hys booke foreign,Lucianus. Athenaeus. & ſo doth Atheneus. In which kynd at the length it came to y^e point, y^t when at Rome Demetrius Cynicus derided the daunſe called Mimica ſaltacio, callyng it a thyng vaine & nothing worth, a noble daūcer, which thē was had in honor at Rome, deſired him, y^t he would once onelyonly beholde hym daunſing, & afterward to iudge & ſpeake his fanſy whatſoeuer he would. He came vntounto y^e ſtage, the daunſer called ſaltator Mimicus begā by geſtures to reſēble y^e cōmon fable of Mars, takē in adultery with Venus. In which thing he ſo expreſſed the ſunne whiche declared the fact, & Vulcanus knittyng his nets, & Venus ouercome with ſhame, & Mars humbly deſtring pardon,A ſaying of Demetrius Cynicus. y^t Demetrius being aſtoniſhed cried out: foreign. That is, I heare O mā the things y^t thou doeſt, I do not onelyonly ſee thē, for by theſe thy handes y^u ſeemeth to me to ſpeake. About y^e ſame tyme by chaūce came to Rome y^e king of Pontus, & whē he had ſene this daūſer played his geſtures on y^e ſtage, being afterward biddē of Nero, to aſke what thīg he moſt deſired to hauehave geuē him, he deſired to hauehave y^e Mimus. Nero meruailed, foraſmuch as he mought hauehave aſked other thinges of much greater price, & aſked him the cauſe of y^t his requeſt. He anſwered, bycauſe I hauehave ſōdry nacions ſubiect vntounto me, which without an interpreter, I cannot vnderſtand, and oftentimes it happeneth that the interpreters do not faithfully inough tell vntounto them what I ſay, nor againe what they ſay vntounto me. But this fellow with his geſtures will expreſſe al thinges moſt faythfully.

Plato.Plato in his .3. de legibus maketh two kinds of daunſings, one foreign, which before we hauehave called Pirrhicum. The other foreign, which he calleth foreign, I omitte to ſpeake of the filthy kynde of daunſinge, bycauſe it is apertly condemned by the lawes. The Pirrhicall daunſing, and that whiche is done by geſtures maye hauehave place to ſome vſes of the publike wealth, but they pertayne not to our purpoſe. Wherfore in this place we muſt ſpeake of foreign, how fat it is lawful,Daunſing by it ſelfe and of his owne nature is not vicious. foraſmuch as it is excerciſed for mirth ſake. Aſſuredly I thinke that this kinde of daunſing is not of his owne nature vicious or prohibited, bicauſe nimblenes and agility of the body is the gift of God, and if there be added any arte, namely that the body be moued in order, aptly in nomber, and with comelines, I do not ſe why it ought to be reproued, ſo that it be doone in time, moderately and without offence. For euen as it is lawfull to ſing, and we may vſe ſinging to geue thankes vntounto god, and to celebrate his prayſes, ſo alſo by a moderate daunſing we may teſtify the ioy and mitth of the minde. For Dauid publikely daunſed before the arke of the Lord, & the maidens with daunſes & ſonges celebrated his victory againſt Goliah. Maria alſo the ſiſter of Moſes, whē Pharao was ouerthrowen & ſlayne, led daunſes with other women, and ſoong a ſong of victory. Wherfore ſeing holy men and chaſt women hauehave vſed daunſes, we can not ſay y^t of theyr own nature they are vicious.Daunſinges vſed at thys day ar vicious. But as it is vſed in theſe dayes that men ſhould daunſe mingled together with womē, ought not to be ſuffred, bycauſe theſe thinges are noriſhmentes and prouokers of wantonnes and luſts. Maria the ſiſter of Moſes daunſed not with younge men, but apart by her ſelf among women. Neither daunſed Dauid with women, and maidens which celebrated his victory daunſed among themſelues, and not with men.

Moreouer they which louelove God withall their heart, & withall their ſtengthes, ought not onelyonly to obſerue his commaundementes, but alſo to cut of all occaſions whereby the obſeruing of them might be letted.

Reaſōs againſt daunſes of our tymes.But our daunces are moſt euident occaſſions of trāſgreſſions of the lawes of god. They are ſnares & offences, not onelyonly vntounto the daūſers, but alſo to y^e beholders: for they ſtirre vp & inflame the hartes of men, whiche are otherwiſe euill ynough euen from their beginning: & that thing which is to be repreſſed & kepte vnderunder with great ſtudy & induſtry, the ſame is ſtirred vp by the wanton entiſementes of daūſes. Vndoubtedly, if a mā wil conſider himſelf, either by experiēce or by reaſon, he ſhal finde that in ſuch ſpectacles y^e luſtes of y^e mynd are not a litle kyndled & inflamed, & he ſhall perceaue y^e men returne home from thoſe daunſes les good then they were, & women alſo les chaſt then they were. Farther, perils are rather to be auoyded, then to be nooriſhed. For (as Salomon ſayth) he which loueth daunger, ſhall fall therin.

But ſome wil obiect, that whereas daunſes be ſo againſt maners, & do kindle luſt, the ſame commeth raſhly & by chaunce: but eueryevery thing is to be iudged not of theſe thinges, whiche happen by chaunce, but of theſe thinges which are in it of it ſelfe & by nature. There are ſome ſo chaſt & vncorrupt, that they can behold theſe ſpectacles with a perfect & chaſt mind.Difference of accidences. I graunt, y^t that may ſometimes happen, but I adde that all accidences are not of one & ſelfe ſame kynde. For there ar ſome which happen very rarely, other ſome are called foreign, y^t is which by their nature may as well be preſent vntounto any thing, as abſent. And there are ſome which are called foreign that is, ſuch as are wont to happen oftentymes & for the moſt part. Theſe laſt accidēces ought in eueryevery thing to be conſidered and moſt diligently weighed: neither muſt we take heede, what may be done, but what is wont to be done.Ariſtippus. Ariſtippus daūſed in purple, & beyng reproued, he made p. 287an excuſe, that he was made neuer a whit the worſe by that daūſing, but might in y^e ſoftenes kepe ſtil his Philoſophical minde. But ſuch voyces are not to be heard: bicauſe as Demoſthenes ſaith, & it is cited of y^e lawyers,Demoſthenes. we muſt not cōſider what ſome certayne man doth at a tyme, but what is wont to be done for the moſt part. Graūt that there be ſome one mā ſo chaſt y^t he is nothing moued with ſuch entiſementes, how in the meane tyme is the people & multitude prouided for? Shall we for the perfectnes and integrity of one or two, ſuffer all the reſt to be in daunger?

But ſo (a mā will ſay) take away ſermons alſo & ſacramentes, for many heare the word of God, ſometymes to their condēnation, & many eate & drincke the holy miſteryes vntounto their own iudgemēt.A certayne profitable diſtinction of thinges Here we muſt know that certayn things are profitable to the ſaluation of mē, & are cōmaūded by y^e word of god, which things ought by no meanes to be taken away. And certayn things are indifferent, which if we ſe they tend to deſtructiō, they are not to be ſuffred. We hauehave the law of god for hearyng of Sermons, and receauing the Sacramentes: but for daunſyng there is no cōmaūdement geuen. Wherfore theſe things ar not to be cōpared together. But by daūſes & leapinges ſome ſay y^t very many honeſt matrimonyes ar brought to pas. It may be ſo ſometymes, but I was neuer of y^e opiniō y^t I would hauehave matrimonyes contracted by theſe artes, wherin a regard is had onelyonly to the agility & beauty of y^e body. There are other meanes much more honeſt: let vsus vſe them and leaue theſe as litle chaſt & ſhamefaſt. Let vsus remēber, y^t although honeſt matrimonyes ar ſometymes brought to pas by daūſings, yet much more oftē ar adulteries & fornications wont to follow of thoſe ſpectacles.What daūſes are honeſt. We ought to follow the exāples of godly fathers, who now & then vſed daunſes, but yet ſuch as were moderate & chaſt, ſo that the men daūſed by thēſelues, & the womē a part by thēſelues: by ſuch kynde of daunſes, they ſhewed forth the gladnes of their myndes, they ſang prayſes vntounto God, and gaue hym thankes for ſome notable benefyte whiche they had receaued. But we rede not in the holy Scriptures of mingled daunſes of men and women together. But our men ſay: Who can daunſe after that ſorte? In ſaying ſo, they vtter themſelues, what they ſeeke for in daunſing.

Moreouer let vsus marke y^e effects of daūſing. It is writtē in Mathew, The effectes of wicked daū ſes.y^t the daughter of Herodias daunſed at a banquet which the king made: & the kyng tooke pleaſure in her, whom he could not openly without ſhame behold. For ſhe was a manifeſt teſtimony of his vnlawfull matrimony & of hys adultery. For Herode had maried the mother of that mayden being his brothers wife. Of that daunſing it came to paſſe, y^t Iohns head was cut of. Many are angry with vsus, bycauſe we crye agaynſt daūſings, as agaynſt things which are of their own nature euill & prohibited: we on the other ſide ſay, that things are not alwayes to be weighed by theyr owne nature, but by the diſpoſition & abuſe of our fleſhe: we can not deny but that wyne of his owne nature is good, whiche yet is not geuen vntounto one that is in an agew, not that the wine is euill, but bycauſe it agreeth not with a body that is in that maner affected. In Exodus, when the people had made themſelues a calfe to worſhip, they ſat down, did eate, dranke, and roſe vp to play. In which place it ſeemeth that to playe was nothing els then to daunſe.

But leaſt I ſhould ſeme this to ſpeake and to iudge alone, I wil adde certayne teſtimonies of the fathers. Auguſtine againſt Petilianus the 6. chap. The byſhops (ſaith he) were alwaies wont to reſtrain idle & wantō daūſings: but now a dayes there are ſome biſhops which are preſēt at daunſes, & do daunſe together with women, ſo farre are they of to reſtraine this vice. The ſame Auguſtine vponupon the .32.Auguſtine Pſalme (when he expoundeth theſe wordes, on the Pſalter of ten ſtringes, I will ſing vntounto thee) maketh thoſe ten ſtringes the ten commaundementes, & when he had ſpoken ſomwhat of one of them, at the laſt he cōmeth to the Sabaoth, where of it is writeten: Remember that thou ſanctify the Sabaoth daye. I ſay not (ſayth he) to liue delicately, as the Iewes were wont. For it is better to digge all the whole day, them to daunſe on the Sabaoth day.

Chriſoſtome in his .56. Homely vponupon Geneſis, Chriſoſtome.when he entreateth of the mariages of Iacob: Ye hauehave heard ſayth he, of mariages, but not of daunſes, whiche he there calleth deueliſh: and he hath many things in the ſame place on our ſide. And among other he writeth: The bridedome & the bride are corrupted by daunſing, & the whole famely is defiled. Agayne in the .48. Homely: Thou ſeeſt (ſayth he) mariages, but y^u ſeeſt not daūſes. For at y^e tyme they wer not ſo laſciuious as they be now a dayes. And he hath many mo thinges on the .14. chap. of Mathew, where he ſpake vntounto the people of the daūſing of the daughter of Herodias, & amōgeſt other thinges he ſaith: At this day Chriſtiās do deliuer to deſtructiō not half their kingdome, not an other mans heade, but euen their owne ſoule. And he addeth that where as is wanton daunſing, there the deuill daunſeth together with them.

Cōſilium Lao dicenum.In the counſel of Laodicenum it is written: It is not mete for Chriſtian men to daunſe at their mariages. Let them dyne & ſuppe grauelye & moderately, geuyng thankes vntounto God for the benefite of mariages. In the ſame coūſell alſo it is had: Let not the Clergy come vntounto ſpectacles either on y^e ſtage, or at weddinges. They may in deede be preſent at mariages: but after there come in foreign, that is, ſingers & players on inſtruments, which ſerue for daunſinges, let thē riſe & go theyr wayes, leaſt by theyr preſence they ſhould ſeeme to allow that wantonnes. In the counſel of Ilerdenum, Conſilium Iler denſe.which was had vnderunder Symmachus, & Hormiſda Popes, and Theodoricus the kyng, the ſame thing is decreed, namely y^e Chriſtiās ſhould not daunſe at mariages. But in the counſel of Altiſiodorenum, which was vnderunder the Pope Deus dedit, Conſilium Al …iſiodorenſe.this ſeemeth to be contracted vntounto the Clergy. For there it is prohibited, that any of the Clergy ſhould at a feaſt either ſyng or daunſe, as thoughe it were in a ſorte lawfull for other.

Schoolemen.Of y^e ſame opinion are certayne ſchoole deuines in the .3. boke of ſentences, diſ. 37. who refer theſe prohibitions onelyonly vntounto the holy dayes. Ricardus de media villa ſaith that to daunſe on the holy daies is a ſinne moſt grieuous, as though on other dayes it may be permitted. But the opinion of the fathers, & ſound counſels is far more ſeuere then the opinion of theſe men, who perniciouſly releaſe thoſe thinges which ſhould be contracted: for as much as they hauehave y^e peril of ſoules ioyned with them: & not onelyonly perill but all falles that are moſt greuouſly to be lamēted. Howbeit it ſeemeth that theſe mē borowed this their ſentence (wherein they prohibite daunſing on the holy dayes) out of the ciuile lawes. For in the Code, in the title de feriis in the lawe dies feſtos: We releaſe in deede idlenes on the feaſt dayes, but we will not hauehave men geue themſelues to voluptuouſnes. Wherefore it ſhall not be lawfull on the feaſt dayes to vſe daunſinges, whether they be for luſt ſake, or whether they be done for pleaſure.

But let vsus ſee what the Ethnikes opinion was as touching this thing. Emilius Probus in the life of Epaminonda ſayth:Aemilius Probus. Saluſt. That to ſing & to daunſe was not very honorable among the Romanes, when the Greciās had it in great eſtimaciō. Saluſt in Cantilinario writeth, y^t Sempronia a certayne laſciuious & vnchaſt woman was taught to ſing & daunſe more elegātly then became an honeſt matrone. And there he calleth thoſe two thinges the inſtruments of lechery.Cicero. Cicero in his .3. booke of offices writeth, y^t an honeſt & good man wil not daūſe in y^e market place, although he might by y^e meanes come to great poſſeſſions. And in his oratiō which he made after his returne into y^e Senate, he calleth Aulus Gabinius his enemy in reproche ſaltator calamiſtratus y^t is, the fine daunſer: It was obiected to Lucius Murena for a fault, bycauſe he had daunſed in Aſia. The ſame thing alſo was obiected vntounto the king Deiotarus. Cicero anſwereth for Murena: No man daunſeth beyng ſobre, vnles peraduenture he be mad, neyther in the wildernes neyther yet at a moderate and honeſt banquet. The ſame Cicero in Phillipicas vpbraydeth vntounto Anthony among other his vyces, daunſyng.

The diuerſitye of temperature of the men of the Eaſt and of the men of the Weſt.But it appeareth that the nature and diſpoſition of the men of the Eaſt & of the Weſt was not al one and the ſelf ſame. They are cheareful of mynde, & nimble in body, and for that cauſe delight in daunſinges. For to omitte other examples, Dauid the kyng daunſed publikely. And they which come now vntounto vsus out of Siria, do affirm… that the Chriſtians, which liue in thoſe regions, do vponupon the Reſurrection day & alſo vponupon other famous feaſt dayes, come into the temple with harpes and p. 288violes, & ſing Pſalmes among thēſelues, & daunſe together. For their ſpirites ar more nimble & chearefull, & ours more heauy. Howbeit they ſay y^t they daunſe ſoberly and modeſtly, the men a part by themſelues, & the women alſo by thēſelues.

Now ſhould remayn,Certain thīgs as touching an othe. to ſpeake ſomwhat of an othe: but bicauſe to entreate therof would be lōg, therfore I thinke it good to defer it til an other tyme. This thing onelyonly wil I ſay for the expoūding of this place, y^t thoſe othes which ar agaynſt the word of god & charity, ar of no ſtrēgth: neither do they bynd y^e men y^t ſweate. They ſinned in ſwearyng raſhly, but they ſinned more grieuouſly in performing it, for aſmuch as they had made an euill othe. Yet are theſe elders of Iſraell to be praiſed, who althoughe they ſaw y^t their othe was not firme, yet they would not ſeme opē ly & cōtēptuouſly to violate it, leaſt by their exāple they ſhould open vntounto the rude people a window vntounto periuries, which thing alſo it ſemeth y^t Ioſua did vntounto y^e Gabaonites. For although in very dede they performed not their othe, yet they would by a certayne ſhew ſeeme to performe it, and to hauehave it in eſtimation. That which remayneth to be ſpoken of this thyng…, I will deferre vntounto the interpretation of the Hyſtory of Samuel.

And now I thinke good to adde this,The Iſraelites erred in y^t they aſked no… counſel of god. y^t it is no meruail that y^e Iſraelites ſware a fooliſh othe, and excerciſed their ſharpenes towardes their brethren more cruelly then was mete: and alſo admitted & gaue counſell to that rapt ſuch as it was, for aſmuch as they neither aſked counſel of god, nor of y^e highe prieſt, nor of the Prophet concerning theſe thinges. God in deede had promiſed thē the victory, yet had he not geuen thē this commandemēt cleane to deſtroy the tribe of Beniamin, & to kil al their women, alſo to ſlay all the women of the Iabenites, they had no cōmaū dement out of the word of god.The negligēce of the Prieſtes is to bee meruayled at. But the negligence of y^e highe Prieſt & Prieſtes is moſt of all to be meruayled at, which did not of their owne accord offer thēſelues, although the elders aſked not counſell of them. But Pinhas (as I ſuppoſe) was at this tyme ſore worne in age, & the other Prieſtes raking all things vntounto thē, they cared not how, very coldly regarded thinges pertayning vntounto God, for aſmuch as there was no king in Iſrael nor ſtoute Magiſtrate, whiche ſhould hauehave kept y^e Hebrues in the duty of the lawe. Wherfore the people not being holpen by the holy miniſtery ſo much as nede required, committed many thinges thorough foliſhnes & fury, & gathered ſuch fruites of their workes as the hyſtory rehearſeth. For they ſhould not hauehave ben ſo outragious to hauehave ſlayne al y^e maydens of the Beniamites, for aſmuch as the law had prohibited, that children ſhould be ſlayne for the ſinnes of their parētes. Neither ought the Iſraelites to hauehave bound thēſelues by an othe, not to mary theyr daughters by any meanes to y^e Beniamites. It was alſo to cruelly done to deſtroy all the women of the Iabenites which were not virgins. Neither ought they to hauehave committed that kynd of rapt to ſaue theyr othe vpright, which was but a vayne othe and of no force.

Neither is this to be paſſed ouer, that the virgine maydens,The puniſhement of the abuſe of religiō. by that rapt wer puniſhed for the contempt of religion. For as I hauehave before ſaid, they abuſed the reſt of y^e holy day. Vndoubtedly the Iſraelites were not cōmaunded to aſſemble before at certayn tymes of the yeare in the holy congregation of the Lord, to the end they ſhould apply themſelues to daunſes and playes. The ſonne of God when he was twelue yeares of age, came vntounto the temple,An example of Chriſte beyng yet a childe. & there (as it behoued) applied himſelf to y^e buſines of his father: which thing if y^e maidens of Sylo had done, they had not ben rapted. Wherfore it is the part of virgins when they came to holy aſſemblies, religiouſly to geue themſelues to things deuine, and to abide nyghe vntounto their parētes, & not to runne about daunſing in the fieldes, townes, ſtreetes & vineyardes. For as often as they are out of the ſight of their parentes & kepers,The parentes of the maidens y^t were rapted did ſinne. they are ready for raptors, and for the impotent fury of young men. This alſo is to be conſidered that the parentes of the maydens that were rapted, were iuſtly puniſhed, bycauſe they negligently kept their daughters on the feaſt day. For God geueth children vntounto the parentes to kepe as a pledge, and that not careleſly but warely.

And ye ſhall by violence take vntounto you eueryevery man his wife. An argument againſt hauing mo wiues thē one called Polygamia,The elders doo not geue Counſell vntounto the reſt of the Beniamites to take mo wiues then one, but they wil eueryevery man to take his own wife. And a litle after it is added: They tooke vntounto them wiues according to their number. Vndoubtedly if plurality of wiues ſhould hauehave at any tyme ben admitted for the procreation of children, here it ſeemed moſt of all to hauehave bene nedefull, for aſmuch as the tribe of Beniamin was in a maner deſtroyed, & needed a ſpeedy inſtauration or renewyng. But the elders althoughe they carefully ſtudyed for the reſtitution of the Beniamites, yet they thought it not mete to flye vntounto the remedy of Polugamia: whiche is an argument, that in theyr iudgement that was not allowed.

EueryEvery man departed from thence vntounto his owne inheritaunce. Being (as it is to be thought moued in their myndes with ſundry and dyuers affections. They partly reioyſed for the victory whiche they had obteyned: partly they pitied the Beniamites, and were ſory they had made ſo vncircumſpect an othe: and had raged with to cruell and vnaduiſed a zeale. They lamented alſo theyr brethren and fellowe ſouldiers, whom they had in that expedition loſt by two ouerthrowes. Wherfore let the greuous & horrible puniſhment of the Beniamites be a warnyng vntounto vsus to auoyde and eſchew vnhoneſt and filthy luſtes, as pernitious peſtilences, as wel of the ſoule as of the body, and alſo of al good thynges.

The fruite of the readyng of this hyſtory.But for aſmuch as we are by the fauour of God come to the end of this booke, it is our part, as it were in a table to ſet before our eyes this foreſayd hyſtory, to beholde in it the gouernement, whereby God defended and gouerned his Church and publique wealth, he doth in deede puniſhe ſinnes greuouſly, but after his fatherly correction he doth with an vnmeaſurable goodnes reſtore the hurtes and loſſes, wherin men oftentymes incurre by theyr owne error & faulte. In all theſe things we may ſee an Image of our tymes. For we are infected with the ſame infirmityes that our fathers were: neither doth the deuill and his mēbers with leſſe diligence at this day vexe the congregatiō of the godly, then he did in the old time.

Wherfore let vsus praye vntounto God our moſt louyng father thoroughe his ſonne Ieſus Chriſt, that euen as from the begynning he hath holpen and nooriſhed hys Churche in moſt great daungers, ſo alſo he would now keepe and defende it, when it is almoſte ouerwhelmed with euils and calamityes. Let vsus deſyre him alſo, that euen as he from tyme to tyme ſtirred vp Iudges and deliuerers vntounto the Hebrues, by whom he reſtored both liberty and health: and as in our tyme he hath geuen Heroicall and moſt excellent men, namely Luther, Zuinglius, Oecolampadius, Phillip Melanchton and ſuche like ſetters forth of the doctrine of the Goſpel, ſo he would vouchſafe to go forwarde, and in conuenient tymes ſtirre vp certayn lyghtes, by whiche he may illuſtrate the mindes of hys elect, and kindle their heartes to keepe & amplifie the Church of Chriſt, that at the lēgth he may hauehave it raygning with him in heauen, without ſpot or wrinkle. Amen.

¶The ende of the Commentary vponupon the Booke of the Iudges.