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death_n adulterer_n adultery_n answer_v 17 3 5.1655 4 false
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A80850 Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again. Cartwright, Thomas, 1535-1603.; Cartwright, Thomas, 1634-1689, attributed name. 1648 (1648) Wing C700; Thomason E423_19; ESTC R204533 11,812 17

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the Sheriffe is the Magistrates It is no more in his choice to with-hold the Sword which the Lord hath put in his hand to draw then in the power of the Sheriffe to stay the execution of that judgement which the Magistrate himselfe hath lawfully commanded Now seeing there is a sword in the Magistrates hand by the doctrine of the Apostles and that also which the Magistrate must of duty draw I would gladly know where that necessity of drawing this sword can be found if it be not in these crimes of Blasphemy c. which I have set downe And if he say that Paul by the sword understandeth all manner of civill punishments as well by the purse as by other bodily chastisements which spare the life I grant it but by an usuall manner of speech which is figurative and noteth the whole by the part he rather chose to utter those punishments by the Sword then either by the whip or purse whereby he did not only not exclude this necessity of punishing malefactors with death but laid rather a straiter bond upon the Magistrate to execute those which commit things worthy of death Hitherto generally of putting those to death which commit things against the Laws remaining still in force as they were in times past established by the bloud of the Transgressors Now I will come to the particular crimes set downe and first for the crime of Adultery It is to be considered that the crime of Adultery is a breach of the holy and ancient both institution and solemn Covenant of the Lord then that it is an injury done unto the innocent party in the most precious possession that can be in things pertaining to this present life joyned with dishonour cast not only upon the person but upon all his Children and in a manner on all those that belong unto him Thirdly that this fire doth not only wast the family where it is but maketh a breach into the Common-wealth whilst the right of inheritance either of Lands or Offices is oftentimes thus translated from the true Inheritors while the children which are so begotten having oft times lesse care and cost bestowed on them in their education become hurtfull Members of the Commonwalth whereby all may clearely see the perpetuall equity of the Law of God in the revengement of this sinne by death And when the Lord addeth this for a reason of putting the Adulterer to death that the evill may be taken out of Israel unto the heap of discommodities before rehearsed for fault of executing this Judgement of death he threatneth the whole Common-wealth with mischiefe to fall upon it and the equity of this punishment by death hath so lightsome colours upon it that it hath upholden it selfe against the ignorance and injustice of all which have not willingly put out that sparkle which standeth in the discretion of honesty For even before this candle light of the Law of God was set up not onely the godly as Job which were in some part reformed of the generall blindnesse but even those that were not of the Church of God as Abimelech the King of Gerar and the very Canaanite as long as there was any step of equity among them did see that the filth of this sinne was such as ought to be washed away with the bloud of the offenders For whereas Isaac feared the assault both of his life and of the chastity of Rebecka the King ordained that whosoever either laid violent hands on him or had to doe with his wife should die and in that Judah called for Thamar to be led forth to death in the Land of Canaan where himselfe was but a private man for that she being made sure unto an husband plaid the Harlot he gave to understand that the Canaanites who had even then filled a good part of that measure of sin unto the brinke whereof they came afterward did notwithstanding pursue Adulterers unto death And when the Lord did afterward give testimony to this punishment by the expresse words of his Law it is manifest that the Law which God hath written in the table of the hearts of all men pronounceth the sentence of death against Adulterers So that unlesse men will like Gyants fight against the light of nature or say that our Saviour Christ came to abolish that which in all times and with all Nations not altogether spoiled of the discretion of honesty and dishonesty was observed it followeth that the punishment of Adultery by death and consequently much more the punishment of incestuous meetings by death standeth in as full force now as ever it did before the coming of our Saviour Christ The exceptions against this Doctrine are of no value for if this be the truth of God there can be no prerogative against it unlesse he can shew some higher Court then heaven and some chief Justice above the Lord It is not denied but the punishments by death whereby men have established Lawes which themselves have for their better commodity devised may be either mitigated or taken away by those to whom it appertained neither is the Magistrate by any thing which I have set downe bound to mitigate the punishment of Theeves For their punishment may grow by the circumstance of place as in Scithia where all things lying open to the spoile had need to be locked up by the straighter punishment and sometimes by the disposition of the people lighter handed then others as if one had to do with the Lacedemonians or some Nation in whom that sinne had taken deeper root And I will not deny but even these crimes of Murther and Adultery may vary by divers circumstances and therefore the Magistrate may according to the quantity of the fault appoint the manner of death sharper or milder But that there is any place time or other circumstance which can lessen these crimes that they should not be worthy of death upon the reasons before alledged I utterly deny It may be objected that the Law of our Saviour Christ touching divorcement for Adultery Mat. 5. 32. had been to no purpose if the Adulterer ought of necessity to be put to death First he that urgeth this may be justly charged with a mistake in bringing in our Saviour Christ there as a maker of Lawes under the Gospell whereas he made none in those places but expounded the Law of God which he had made from the beginning the other refusalls made by the Jewes of their wives were never any Lawes but Permissions only and therefore in their abolishment there was no Law of God abrogated Secondly it was necessary to use that exposition notwithstanding that the punishment of the Law by death remained for besides that the Jewes being under the Government of the Romanes had those civill punishments by death suspended upon the pleasure of their Officers who were often corrupted our Saviour Christ fore-seeing all things did fore-see what loosenesse would follow in this
behalfe and therefore as the office of a good Teacher required he instructed the conscience and taught that albeit the Magistrate faile in the execution of the Law yet that the former yoke being broken men were at their liberty to enter into a new contract of Marriage with other whereby he met with the corrupt opinion of those which dreame that the knot of Marriage is not cut asunder by Adultery during the life of the parties married Now for the opinion of Musculus before quoted at pa. 3. although his manner of speech in saying that all Moses is abrogated be hard yet it will appeare that D. W. hath wrested this learned mans words from his meaning and that he is but a snatcher at syllables for the meaning of that learned man Musculus was that these Lawes are abrogate as given by Moss and doe notwithstanding remaine as they containe a perpetuall equity and that this is his meaning may be proved by comparing him with himselfe for in the same title of Lawes he writeth thus There are saith he that think that Christ did abrogate the punishment prescribed by the Law against Adulterers when he saith Neither doe I condemne thee goe and sinne no more these be gay fellowes they thinke not of this that our Saviour Christ came into the world not to judge or punish but to save sinners and yet in the meane season not to take away the punishments of the Law given of God his Father by Moses whereupon he said not simply thon thoughtest not to be condemned c. and so sheweth that if she had been condemned according to the sentence of the Law that the Lord would not have spoke against it This our Saviours refusall to condemn this woman taken in Adultery doth no more cease the punishment due to Adultery then his refusing to judge in the division of an inheritance when he was requested doth countenance Anabaptisticall community or doth prove that Inheritances should not be divided in both these he refuseth to meddle as impertinent to that spirituall work he intended Calvin in his Comment on John calleth it Popish divinity that the sentence of our Saviour Christ Jo. 8. should bring any favour to Adulterers as touching the civill punishment As for Mr. Beza it is known that he proveth that Hereticks ought by the Law of God to be put to death whereby it appears that he beleeves those Judicialls which give sentence of death against the crimes here set down to be still in as full force as ever they were Unto which I could add Peter Martir who hath a long dispute of the necessary observation of this Law against Adulterers and as I have shewed there is none of these crimes but even the Law of nature will teach us that they ought to receive the reward af death The Dr. proceeds and seeks to make one difference between the Law and Gospel to ly in relation to the severity of the Law and lenity of the Gospel in respect of temporall punishment The Answer I say that in this very point a great part of the errour of the Manichees doth consist for they were led to condemne the Justice of God under the old Testament because of the outward punishments which were exercised partly by the hand of God by judgements from Heaven and partly by the Ministery of men at the commandment of the Law therefore the favour of Manichism is still hot as ever it was But since I am entred into the mention of this the Truth is that even in these outward punishments the dispensaton of God under the Law is divers from that under the Gospel For under the Paedagogy of the Law as he crowned the obedience of it for the most part with greater abundance of outward blessings then he doth the obedience of his Saints under the Gospel so did he with more terrible more often and more manifest judgements revenge the breach of it in that time then he doth now And herein indeed is the difference which the Dr. is groping after but cannot hit on it But that this should bring any diversity in the set and ordinary punishments prescribed by the Law I for my part cannot understand The contrary rather I can gather for even as although the Lord doth not now by outward blessings give so plentifull testimony to the obedience of the Gospell as then of the Law yet the Magistrate ought to be as diligent to procure the good of the Church as ever he was in the time of the Law Even so although the Lord by bodily punishments doth not so severely revenge as he did then yet the Magistrate may not remit any thing therfore of that severity which he was wont to use Nay more even as the Magistrate ought so much the more carefully to procure the outward welfare of the Church now as the Lord withdraweth his hand that way more now then he did then even so ought he to keep by so much an harder hand over the punishment of sinne now then he did then as the Lord more rarely thundereth by his judgements from Heaven now then he did in time of the Law And sruely if ever there had been any time wherein the Magistrates sword might have rested and rusted in the sheath the time of the Law of all had been most fittest when the Lord did so visibly sit in judgement and himselfe in proper person hold the Assize The causes of this diversity between the Law and Gospell may be seen in those learned men mentioned which handle the Point It is enough for me so to helpe the Dr. out with what he travelled with that I have shewed that what is by me here laid downe is nothing hindered but greatly helped by this difference which he bringeth betweene the Law and the Gospel Next the Dr. finds fault with my interpretation of that place of Zachary concerning putting to death him that prophesied falsly his reason is Because forsooth by that means the Parents should have power of death upon their Children therefore saith the Dr. there must be some other sence sought out then that which the words doe purport Whereunto I answer That Moses shewing what ought to be done against those false Teachers which goe about secretly to withdraw from the true worship of God saith Deu. 13. 6 9. that though it be his Brother his Sonne his Daughter or his Wife he shall not spare but kill them tell me now I pray you doth not Moses mean there truly and as his words sound that the false Teacher shall die If you cannot deny it then you see that your reason which you here assigne is nothing worth for there also it is commanded to the Father to kill his Sonne But if you list to learne you may perceive that by these words understood simply there is no power given to one private man to kill another nor for the parent as a private man to kill his children