Selected quad for the lemma: death_n
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A04695
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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.
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Joye, George, d. 1553.
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1549
(1549)
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STC 14822; ESTC S120472
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40,793
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110
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his eyes And y e other eye did him selfe put oute as a father Iu the noble Germans before they receyued the christen faith the punishement of an Adulteres stode in the power of her housband whiche might at the lest thrust her only in her smocke out of his house and beate her naked with roddes before all the cyty as Cornelius Tacitus writeth Opilius Macrinius emprour of Rome vsed to punishe Adulterers w t fyre throwing them bothe bownd together into the fier where after there was a comon lawe called lex Iulia whiche decreed Adulterers to be punished with the swerde whiche lawe stode in strengthe in S. Hieroms tyme whiche mencioneth aud alloweth it And the same lawe de stupris and adultery did the christen emprours receiue And of Iustiniane is it confirmed â—ecreed lib iixi titu .xviij. de publicis Iudicâ—s In the lawes of Bamburgh y e same imperiall lawe is executed and confirmed of the Emprour Charlis .v. anno M. CCCCC.XXX and M. CCCCC.XXXII at Auspurg and Regensburch Now yf the offence were considered but euen as the Heathen iudged in the lawe of nature as yet the ciuile lawe esteme it howe detestable a crime it is and how perniciose to the comon weal settinge al affeccions euill customs and the negligence of rulers a side And would waye what plages hange ouer the reaulme where it is permitted vnpunished what and howe greuouse offence it is in Gods sight al christen men woulde desyer it to be punished aud therto exhorte al rulers as in tymes past For verely adultery is the destruccion and the great dishonor of Gods fyrste ordinaunce A daÌ„pnable wickednes procedinge froÌ„ the deuil oute of idlenes and excesse and oute of the fleshe contrary to the spirit of God a shameful vnfaithfulnes a voluntarye peace breakinge a shameles periurye Wedlocke was firste of all ordined of God a natural copulacioÌ„ neuer yet altered And the maried persons smite a perpetuall coneâ—aunt neuer to diuide their bodies ioiâ—ed of God into one flesh God and all the congregacion with the aungels called into recorde They promise faith trueth with handes mouthes the one to the other Now yf it be so smal an offence as of frailte of nature of weakenes agaynst manis wil but a litle spot a slidinge amisse as this man extenuateth and initigateth the crime to dissemble with God aungels and men to trede vnder foâ—e trueth and faith to forswere before God and so holy a company to cal them all into witnes of a false promise then might he haue so iustelye stretched forthe his penne to haue paynâ—ed the defence of Adulterers and made so many arguments for their vnpunishment in so counselling the Magistrates why doeth he not as vehemeÌ„tly dissuade the punishement of murther aud theft To stele manis goodes is worthy death And what is more dere to man then his wyfe euen his owne body Salomon waying theft aâ—d aduoutry together proueth aduoutry to be much more greuose offence Yf it be so it ought more sharpely to be punished then theft Also besides many greuose inconueâ—ences this happeneth That the right ayers oftentimes be defrauded of their heretage for euer I passouer the murthers poissouinge batails and treasons with other infinite destruccions that haue comen of adultery and yet dayly ensueth But yet the ecclesiastick teachers he woulde haue theÌ„ by no zele nor title to moue the rulers to execute iustice and Gods lawe vpon adulterers For so to do he calleth it suche crueltie as becometh no preacher Yf the Magistrates neglecte their office in punishinge open malefactors is it crueltie anger the preachers to excite and to exhorte them with Gods word to do their dutie Wherfore els did God commaund the Leuites to take the boke of the lawe and reade it continually to y e kinges And that in dontful iudgemeÌ„tes they should call the priestes to shewe theÌ„ what they shoulde do according to God his worde commaundinge the kinges to iudge as the priestes should teache them oute of Gods lawe What els are al the sermons and comminacions of the prophetes with the parell of their lyues kindlinge and stering the kinges and rulers vnto the punishementes and coreccions of the transgressors of Gods lawes They were commaunded to crye and ceasse not to tell them their syâ—nes in neglecting iustice and Gods iudgemeÌ„tes yea and where the cause was vrgent necessite requiringe the defence of the religion their selues resisted punished and auenged it with deathe doinge y e office of the seclare Magistrates Moses was a man both holy and the myldest of all men the Leuites were the ministers of the worde And yet Moses called them together moued with no lytle zele to auenge Gods glorye so that they went from tent to tent from dore to dore and with bloudy handes slewe their brethren and kinsfolcke to the nomber of 3000. Moses him selfe killed the Egipcion for sinitinge one of his brethren Agayne what blody murther made Moses and Pinhas the Leâ—ite vpon Adulterers â—hen Pinhas smote bothe the persons thorow with his dagger as they laye and yet were these ecclesiastik doctors as this man calleth vs. Moses being a spirituall preacher and prophete prouoked the iudges of Israell sayinge Let euery one slay their men that thus haue coÌ„mitted adultery wih Baal Peor And yet saith this writer both ignorantly vngodly to proue malefactors not to suffer That the Lord in the olde testament willeth not the deathe of synners knowing not of what death God there speketh Neyther wyl we ne any christeÌ„ Magistrate the perpetuall death of daÌ„pnacion of any sinner but woulde him to amende and be conuerted but yet do not this wyshe and wyll take awaye the iust iudgementes of God and punishement of anye murtherer thefe or Adulterer God there speaketh of the deathe of the soule and not of the body Neyther willeth God by the text of Ezechiel his iudicial lawes to be abrogated as this man meaneth or els wherfore alledgeth he this texte agaynste the professors of the worde that they should not iustigate the Magistrates to punish Adulterers TheÌ„ he maketh this reason It is not reade saith he that Christe or any of his apostles bode or coÌ„maunded any adulterer to be punished with death ergo So is it not read that Christ commaunded the two theues to be hanged y t dyed with him and yet did they instely suffer for their offences according tu Gods lawes Christ not sayinge agaynst it By this sayd reason a negatiuis this man would haue noman for his crime to suffer deathe For where is it reade that Christ bode this particlare thefe or that murtherer by name to suffer death But tell me I praye you sayd not Christ I am not come to breake the lawe but to fulfill it Christ consequently approued and confirmed the iudicial lawes saing Whoso killeth is bounde gilty the iudgment Whiche he declared sayinge who so smiteth with the swerde shal die