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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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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 Whoso committeth adultery wyth another mans wyfe let them bothe dye the death Leui .xx. Deu .xxij. For thus shalt thou quenche thys wickednes out of the comon wealth of thys realme AFter that a certayne lytle boke was putte forthe in latyn to sustayne the publyque iudgement of them that know the tongue entytled The counsel geuyng that adultere●s should or ought no● to be punyshed I was desyred to wryte a contrarye consultacion That Adulterers ought to be punyshed and that in Englyshe that all men myght knowe howe parellous was the tytle of the latyne boke and howe vngodly the autor therof had peruerted and wrested the holy scryptures to make thē seme to serue his detestable errour But not lōg after this latyn writer recanted altered the tytle of hys boke permittyng al his false argumētes weake reasons and his vayne probacyons for hys parte to stād styll nether recāted ne remoued Which monstrose boke hauynge yet so manye false argumentes nothynge now correspondynge the newe tytle when it was reade I was the more importunelye of manye desyred to confute it and to put forthe m● boke in Englyshe All be it some there were whiche semed to be offended that I answered not in latyne whyche ought rather to haue bene offended wyth so false and vnlearned a boke to be put forth of any of their famylie also to haue estiewed the dedicaciō therof that afterward as he was compelled to recant the tytle so is he not able to defende hys boke ne to iustyfie hys argumentes made for Adulterers not to be punyshed And of what learnynge and iudgement and howe affected were they thyncke ye whyche perusyng the boke before it was printed praysed it so hyghly Oh wycked flatery Howe swete is thys euyll The professours of Gods word and the dyscypels of Christe thys wryter woulde not to moue to counsell nor to excyte the magystrates to punysh adultery Where I aske this man by the way whether god almighty be not euer one and the same God whose wyl as it is immutable constant and ferme so are his iust iudgementes and commaundementes constante perpetuall and i●uariable as the Psalme .xviij. .cxviij. and hys .v. boke of Moses expressely declareth Agayn whether adultery be not as earnestly forboden to vs at it was and is to the Iewes And whether adultery be not now as great and as detestable a synne before God and al godly men as it was then Is not adultery nowe as greate a corrupcyon iniurye sclaunder and hurte to Christes churche and to all comō wealthes as it was in tymes past● And to be short Whether it raigneth not growe rote sprede and take place euery where as rankly vnshamefacedly and as comonly nowe as euer it dyd syth there is no punyshement ministred for it neither of the ecclesiastick nor secular sorte Forasmuch thē as al this is trueth let neither the seclare magistrates winke at this offence let no mā defend the cryme nor the professours of Gods worde ceasse to spe●e ne to wryte excitinge and exhortynge all estates to their aboundē dutyes and offices enioyned them of God puttinge the worde into their mouthes and swerde into their handes least for oure neglygence and winkinge at so greuouse offence God as he hathe done in tymes past punyshe bothe the realmes and the heade rulers wyth all the whole subiectes therof Whē therfore chaunced vpon this boke so entytled That Adulteres should not be punished and perceyuinge the title to be directely against Gods worde against all good ●iuill ordinaunces naturall and writen lawes me thought it was an vngodlye and an euilll counsell whiche is euer worst of all to the counseller him selfe And therfore ●beinge the iust desyers of many I addressed me to geue a contrary counsell For neuer was there any time ne nacion more corrupte with this crime of adultery then suche as vnder the color of the Gospell where no punishement is ordined ru●ne into the licenciouse liberty of the flesh chaste matrimony contempned Insomuche that as we may coniecture by the scriptures it pro●ostiketh the world to drawe faste to an ende and prouoketh the hasty wrath of God sodenly to destroye all and to come to iudgement And therfore I se it to be more godly counsel to punish iustely this great cryme so wyde spred into so greate hurt aud corrupcuion of the churches and comon wealthe Right heauye maye euery Christen hert be to se synne and wickednes take suche strength and courage in a Christen realme that any man vnder any pretence of holines and charite shoulde stande forthe to defende the cause of so notable sinners vnpunished To whome this patrone of Adulterers geueth his sinfull counsell I can not tell he is so sliper a serpent of so variable colors of contradicions correccions I woulde saye nowe counsellinge the preachers and then dissuadinge the Discipels of Christe and ●naue aduertisinge the Magistrates nowe to haue them punished and then to haue them not punished● nowe with the worde and then with the swearde To geue this counsell to auye priuate man or preacher he spendeth his penne in vayne For no priuate persone vsurpeth the office of a publique Magistrate in punishinge this open cryme wyth deathe And yet I herde of a man in this realme whiche takinge the man with his wyfe slewe him Whome the lawe coulde not punishe for so doinge And Pinhas the sonne of Eleazar the Prieste 〈◊〉 the Israelite and the Madianite woman bothe thorowe with his speare as they laye And God allowed it for a iust dede that pacifyed his wrath So hainously hateth God the synne Yf thys wryter be so malepert as to geue his counsel to the kinges maiestie and to his counsell he condempneth hym selfe two maner wyse by hys owne wordes ones he taketh the autotorite oute of their handes to punyshe them wyth deathe callynge it the cruell seueryte of Moses lawe nowe abrogated and maye no more be put in vre Another is thys He sayth That yf the tranquyllite of the comon wealth requireth deathe for the offence and the magistrates make the lawe he sayth not agaynst it But yet he constantly affyrmeth it that law to be neither profitable nor necessarye Wherof it foloweth him to consent to a lawe neyther necessarye nor profytable But I argewe thus What so euer lawe perteyneth to the publique tranquillite of Christes church and conseruacion of the comon wealth the same is bothe profitable aud necessarye But Goddes sawe is to punyshe adultery with deathe for the tranquillite and comon wealth of his church wherfore hys lawe is bothe necessarye and profytable But here this man wyl deny the minor and saye that lawe was geuen but to the Iewes and is nowe abrogated But hys sayinge is false for this lawe of punishement wyth death is the
that woulde so earnestly haue adultery punished their owne filthines and Adulteries Or yf he shoulde wyth Moses cruell extremite stone them to death as many as he knoweth gyltie of this synne beginninge at these men that woulde so fayn haue adultery punished I meruel yf they shoulde be a lyue Yf this be not a blasphemy to call and attribute cruel extremite to oure God of all goodnes mercy and clemency there was neuer blasphemy Is God chāged from a mercifull father to a cruell lawe geuer to so vniust a iudge that he willeth nowe not the same synne to be punished with lyke paines brynge forthe his wordes of the change ro abrogacion of the paynes of Adultery yf ye can or els let his lawe stande ferme and fast iuste in it self for euer as the holy Ghost teacheth vs in his Psalmes and God also in his bokes of his lawes iudgementes and preceptes But is this a good argumēt for the defence of your Adulterers God to come and wryte other menis secrete faultes in their foreheades God is not so cruell as ye woulde haue him or els he might shame by such waies as perfit a man as ye are your selfe But here may men see the burning charite of such mē y ● so set forth Gods ●enite to destroy his iustice iust iudgements● wher is that charite which should couer y e multitude of sinnes M. Latemer in the kinges daies that dead is did openly before him and his nobles viheme●tly continually imieye in his sermons agaynste adultery did see it so spred that he perswaded exhorted him his counsell to punish it according to Gods lawe or by the swerd The bishop of 〈◊〉 Dauids that nowe is of lare in his sermons diuerse other godly and learned preachers exhorted the sinne to be punished right greuosly And the learned preachers in Germany consent all that it ought to be punished with death as well as murther or theft And yet woulde this patrone and defender of adultery haue such men for their good zele to chast matrimony and for their desper of the iuste execucion of Goddes lawes openly shamed and his open Adulterers to synne vnpunished I my self in priuate communicacion whē the question hath bene asked me consideringe the bolde shameles continuall frequence of the sinne without al feare and shame of God mā haue sayd my mind contrary to this man whishing the Magistrates to make it death accordinge to Gods cōmaundement wherof this mā answerd that lawe to be geuē to the Iewes not to vs that the iudgementes ceremonials iudicials al as he here writeth ar abrogated Whereof I perceiued afterwarde y ● this man was kindled to write this his boke partely against my sentēce twitcheth me therin albe it not by name But here I tell him agayne but nameles That yf he knoweth anye suche cryme whiche he woulde haue it wryten in my foreheade let him wryte it in his nexte answere and so accuse me iustelye yf he canne And I shalbe ready at al tymes to come forthe vnto myue answere before anye iudge But wherfore woulde he not haue the same done to his Adulterers defamed by their owne fylthye actes Yf the Magistrates be negligente and ceasse from their office shoulde not the publyke ministers of the worde exhorte and warne them of their dutye They are commaunded to cry not to cease to tell euery state their offences But litle regardeth this man the terrible comminacion of God sayinge Yf I say to the wicked Thou shalt dye And thou preacher premonishest him not telling him it that he may be turned from his synne Surely he shal perish in his synne but his blode wyl I requyre at thy hand This wryter so wisely vnderstandeth the scriptures that where so euer he findeth that we be commaunded to forgeue our brethren aud felow seruaunts their priuate mutual quotidian faultes these textes he wresteth to the open crimes cōmitted against y ● hole comonaltie church and woulde haue them so forgeuen that the ciuil iustice shoulde lese her strength We are bound verely to forgeue our detterstoward our selues but the comon dette requyred by the law they worthy to pay it for their open murther or adultery I being a priuate man can not dispense with it or els wherfore are lawes and magistrates ordined Yf my forgeuenes should deliuer the thefe from the galhose He would not the publik ministers of y ● word to preach that adultery theft murther be synnes worthy to be punished with death The kynges were commaunded that the Leuites aud Priestes shoulde read to them the lawe that therby as by the iust rule they shoulde iudge and geue sentence whiche al is wryten for theirs and oure doctryne or els let vs cancel al the old testament then what doctryne is there left of the lawes blotted oute of the boke of God and of menis mindes As wold ●ow a certayne sect lately sprongen vp which are so perfit to thē selues in their lyuing that they can not syn after they be regenerated once iustifyed for they are immediatly taught I can not tell of what spirit so that they nede nether boke wryten ne externe worde preachers nor Magistrates seclare Bryng forth any o●e place wher christ or a●y of his apostles cōmaunded Adulterers to be s●ayne ●or els did consente to their deathe Brynge you forth any one worde for the abrogacion for the stoning or punishmēt with death of the Adulterers or where Christ commaunded the prechers to not excite the Magistrates to their office or where we shoulde not consent to the iust execucion of Goddes iust lawes Peter in his sermon sharpely rebuketh the Iewes for quiting and askinge the delyueraunce of a murtherer crucifyinge the autor of lyfe Christ and his apostles alledged euery where Moses law and the fearful exāples of deth therin to confirm their doctryne and sayd that it was ordined to punishe malefactors ergo they consented to the deathe of them that offend it And Christ beynge God man did consent to the lawes which he made and to the execucion of the same and cōmaunded the kinges to se his iustice iudgementes a●d equite ministred And where they were corrupted by the Phariseis He delyueringe thē from their false gloses so constantly confirmed the punishment for the vtterwarde acte that euen for their anger and obprobriose wordes to their brethren he pronounced them worthy iudgement He tolde the Iewes seking occasyons to kil him that Moses did accuse condēpne them He told Peter sinitinge of the bishoppes seruauntes right eare whiche bishops seruants neyther the bishops them selues sence hard a ryght but s●nistrely Goddes worde● biddinge him to put vp his swerd That who so smyteth with the swerde should perysh with the swerd ergo Christe his apostles consented to the iust punishment with death of the malefactors But what law was it that Christ came to fulfil not to break it