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A04695 A contrarye (to a certayne manis) consultacion: that adulterers ought to be punyshed wyth deathe Wyth the solucions of his argumentes for the contrarye. Made by George Ioye. Joye, George, d. 1553. 1549 (1549) STC 14822; ESTC S120472 40,793 110

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with the swerde And what law was it wherof Paul saith It is not ordined for the iust man but for the vniust as for rebellers to the Magistrates to parents for murtherers for adulterers c Yf the payne and lawe made for adultery were abrogated Paul woulde not haue confirmed it as he did with those wordes yet lefte in his pistle neyther woulde he haue so threatened and feared the Corinthes sayinge Se that ye defyle not your selues wyth adultery as certayne men did for the whiche in one day there were slayne an hūdreth and twenty thousand Christes Le●ite of whiche ye speke so muche was such That for anger for an obprobriose worde he pronounced them worthy iudgement and to come before the counsel wherfore he abrogated not the iudiciall lawes but stablished them For he that so narowly interpreted his lawe to not kyll that for beinge angry with his brothren or for an obprobriose worde pronounceth him worthy counsel iudgement and hel fyer thincke ye that the same law geuer doth abrogate or mitigate the punishment for the other most gre●ouse transgressions of y e greater preceptes Then argueth he thus out of the example of Christ sayinge Christe expresseth his mercye and forgeuenes both by examples and doctrine and redempciō wherfor ther ought non of his disciples to put any malefactor to deathe but likewise to forgeue and to folowe his stepes Here belyke this man taketh not the seculare Christen Magistrates for Christes Disciples or els he woulde not them to put malefactors to deathe But let them be only the priestes his Disciples Who made this law that priestes should saue theues murtherers and Adulterers and that they should conuaye them from the galowes and that I shoulde not say the trueth before a iuge yea and take an oth to yf he aske it of me Who caused so many strong theues to be saued by their bokes and sanctuaries to nourishe wilfull theft and murther was it not the bishop of Romes lawe But I will set an example of Christes softenes le●ite againste this man so full of fonde pyte and merciles mercye where Christ toke cordes makinge them into sharp whipps wherwith in great anger violence he scourged oute suche fonde pituose marchants out of the temple whiche toke vpon thē so boldely withoute all feare of God to bringe into his churche suche licenciouse lybertie and false doctryne therby rede●inge and byinge by flatery the fauoure of Adulterers and theues when therby Christ takinge vpon him selfe the person of a prophete and bishop and not of a kinge ne Magistrate taught the professours of his worde and his disciples to correcte the arrogant audacite of erroneouse teachers and writers to blame and to chasten them sharpely as it were with whippes of which Christes facte it may be well gathered what may his successours do to suche abusers of his worde ●nd deceyuers of his churche with false doctrine In dede there ought no ecclesiastik Magistrate take the office of the seclare rulers vpon him in putting the malefactor to death But whether one man may haue both the regiments in his hād I thinke this man will not say agaynst it And then is it true that the professour of the worde and Disciple of Christ may execute Gods worcke and his office as the scripture calleth it and suche kinges are called Goddes for that they sitte in Gods place ministringe Gods worcke Christ him selfe was and is bothe prieste and ki●ge preacher and iudge whyche firste shewed him selfe to come to teache and to saue eare he woulde come to iudge and to condempne But yet in his firste coming he abrogated not his own ciuill lawes and iudgementes which he euē then confirmed and his apostles did also wryte them to be obeyed and fered whiche commaunded to be kept moste diligently and al mē to institute al their publik and priuate iudgementes accordinge to his word It is playne that this yonge wryter knoweth not what it is to be vnder the lawe and vnder the Gospell and who they be that are vnder ether of them For al that crye Lord Lord are not vnder the Gospel I graunte to him that the lawes to punish adulterers and the●es c. are abrogated and not ordened for chast lyuers true men and innocent persons liuinge vnder the obedience of the Gospell But to these open indurate Adulterers whose cause he defendeth the lawes ciuile and iudicials stande in their strength and ought to be executed vpon them This doctryne will we teach whatsoeuer this man obiecteth and wil tel the publik rulers that they do the workes and iudgementes iustice of God whylis like experte and godly wy●e sourgens they cut of from the body of the city or comon weal suche corrupt and contagiose membres as are Adulterers Althoughe this man sayth constaintly He healeth vnhappely that killeihe the sycke But a wyse sourgen will yf the corrupt member be incurable or shoulde poyson and kil the whole body cut of that member and caste it into the fyer as Christe teacheth vs of the eye hād and fote that hurte the whole body Then he woulde not That any father pastore or preacher should be iudges to minister iuste iudgementes and to punish open intractable synners But I woulde as teacheth vs Goddes worde that all seculare iudges rulers kinges and Magistrates were fathers pastors and Gods preachers and vnderstode y ● scriptures as wel as did Dauid and Salomon the other good iudges and kinges whose example we haue in the Bible to whome of eleccion and vocacion it was enioyned of God fatherly to teache to fede and to gouerne his people The cause why trwe indgement is peruerted and iustice and equite is not truely ministred is The iudges and rulers are not fathers but tyrants ignorā● of God and his lawes they are not true feders as it becometh them with Gods word but poysonners with menis tradicions To some men verely the ecclesiastik censure of excommunicacion was some tymes as geeuouse as death They were of their fathers openly excluded w t no litle shame from al the Christen societe in tyme of y ● Lordes souper of prayer and other benefites as wel vnworthy to ate to dryncke or accompany Christen men casten out by the power of the holy Ghost vnto Satan This autorite formidable censurs the kayes to bynd and to retayne syn●ers is geuen of God to y ● ministers of the worde whiche woulde God it were so iustely vsed nowe as it was in Paules tyme sence But nowe sithe this holsome remedye is not executed but abrogated per nō vīum nor yet y ● seclare swerde once drawne out againste this horrible crime of adultery Shal we not excite them both to their dutye But in what an heauye state are impenitent syn●ers geuen vp to Satan into their destruccion of the fleshe seinge that penitent incestuose of Paul suffred such paynes and his sorow so great that it was tube
That because in many men adultery cā not be healed ne Adulterers brought to repentaunce ne corrected with the word therfore yet it may not be punished with death but permitted But ye shoulde haue argued thus Because they contempne the medicyne of the worde and persist in their wickednes therfore ought they to be punished with the swerde And here he bringeth in the wordes of Christ directely agay●ste him selfe rendinge oute a pese of the parable that semeth for him but the effecte and scope therof is playne agaynst him whiche he leaueth out for feare and peruerteth the text sayinge The Lorde forbiddeth the roten tree to be cut donne But the texte is The Lorde not fynding frute in the tre commaundeth it to be cut doune Neuertheles at the desyer of the keper of the vi●eyarde prayinge him to suffer it to be dunged at the rote this one yeare and then yf it brought notfrute to be cut doune by bothe their consentes And in another place Christ not finding frute in the fyg tre accursed it and it withered deade neuer more to bryng forth frute And what then thyncke ye is hys sentence vpon them that with no mouicions no teachinge no dunginge wylbe fruteful but wyl despyse his labor and brynge forthe euyl frutes seynge he commaunded the fruteles trees to be cut doun here ye se how he peruerteth Christes wordes sayinge Chiste forbiddeth whiche he playnely commaundeth Thē he maketh this wyse argument Hole men haue no nede of a phisicion but they that are sicke ergo Adulterers ought not to be punished with death but must be healed with Goddes worde Suche an argument may he make for al theues and murtherers and so noman to suffer but be healed with Goddes word which is not els but to abolish the ciuile lawes and al Magistrates Suche a licenciouse common weale dreame the Anabaptistes this day But and yf the sick despyse the holsome medicyne beynge a purryfyed member then Ihon Baptiste and Christ commaunde suche trees to be cut doune and cast into the fyer But here this man calleth suche obstinate hardnecked incurable Adulterers but weake brethren and but sickly persons Asking what phisicion ministreth his diligence to the sycke man to slaye hym whose cure he taketh in hande And here I aske him agayne what Phisicion is to solishe that taketh an incurable sore in hande or will heale that sor● otherwyse or with any other medicyne then Gods worde prescribeth him with what medicyne commaundeth God the Magistrates to heale murther adultery theft and suche lyke pestilences to the comon wealthe Al this manis argumētes brought for Adulterers tende into the fauoure of suche that gladly receyue holsom counsel beinge obedient to the word whē they are monished of the preachers do feare God amende their lyues And make nothinge for Adulterers to be not punished of the Magistrates He bringeth in manye exāples of mercy shewed of Christ to the faythful penitent confessinge their synnes which all make nothing for opē obstinat malefactors Nether do those examples take awaye the ciuil iustice nor the swerde from the magistrates to be executed vpon Adulterers but that the thefe and murtherer and Adulterer must neuerthelesse suffer death although he repented him an hundred tymes w t him that was hanged by Christ. And muche iuste execucion was done of thē in Christes dayes sences albeit the gilty condempned persone died a repentant iust mā before God whose death Christe nor his apostles letted not as the priestes do now with bokes and sanctuaries And as for the roytose sonne whō this man bringeth in for the defence of Adulterers He confessed hys synne w t greate repetaunce to his father or he receiued him He spent but his own good in excesse of meates and drynckes And was no open hurt to the comon weal as are theues Adulterers c. he hurted only him selfe And therfore this example is but racked wrested for his purpose● I cā not meruel ynough at the forgetfulnes of this mā to see himselfe swarue so far frō the stacion on his cause to proue y ● thing with scriptures nothing pertayning to y ● title of his boke When Peter asked Christ how oft he should forgeue he expressed his brother y ● by weakenes sinneth dayly priuately one offending another not suche as sin incorrigibly against the hole cōgregacion customably which for his obstinacy deserueth not y ● name of a christē brother But yf I forgeue my brother steling my horse or oxe yet shal ●ot my forgeuenes deliuer him frō the ciuil iugemēt frō the galows yet bringeth this man Peters seuē seuēty forgeuenes of his brother for y ● vnpunishmēt of adulterers He wold galdly be felow to christ in so rich often forgeuenes of adulterers litle remēbring what god saith to al iuges of y e i●dicial lawes that whē any mā breake his lawes thou shal punish him and not haue mercy on him Let not thyue eye spare him but cut and rote him out of the comon weale that other may take e●sample be afrayde to trāsgresse gods laws He loketh so much of gods mercy that he forgetteth his iustice iudgementes whiche sayde That whoso offend but one of his litle ones that beleue in him It is expedient a mill stone be hanged about his ●ecke and be drowned in the depest of the sea What paynes of death then woulde Christe to be executed vpon him that offende the whole churche and especially that man whose wyfe is kept in adultery Then he sayth That forebecause Christe bode Peter suffer the darnel to grow with the wheat therfore he woulde Adulterers and all suche criminose synners to be permitted vnpunished among the Christen societe Who seeth not the fonde ignoraunce shall I call it or the manifest wickednes of this man Christ neuer sayde this to Peter But the housholder to his seruaunts expressing no particlare persone but this is nt y ● mater The kocle or darnel is ther hersies false doctrine sown by the deuil which christ would not haue pluckt vp where perel is therwith to be pluckte vp also the good corne For yf paul had ben pluckt vp a pharisei he had neuer haue ben the apostle preacher of Christ. Wherfore Christe willeth not in my wise these kocles or darnel of heretiques and not of Adulterers and theues c to be permitted but heretiques wher their vproting is turned into the destruccion or hurt of the good and of the whole churche It behoueth sayth Paule hersies to be amonge you that they whiche be proued be knowne amonge you But and yf suche men yf they shoulde continewe would be the subuersion of many good men and of the whole church they must rather be smiten doune with the swerde and sithe of iustice nowe loke Adulterers corrupt not holy matrimony other menis wyues doughters c. What and Christ shoulde now come agayne and wryte in the foreheades of these men