Selected quad for the lemma: death_n
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A48198
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A letter to a member of Parliament with two discourses enclosed in it : I. the one shewing the reason why a law should pass to punish adultery with death, II. the other shewing the reasons why the writ, De hæretico comburendo, should be abolish'd.
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1675
(1675)
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Wing L1682; ESTC R10913
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4,962
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9
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I give my Reasons why such a Law should pass that I do explain what Adultery is the Notion of it being ordinarllly mistaken Adultery is the lying of a Single or Married Man with another Man's Wife and not the lying of a Married Man with a Single Woman Thus it was constantly apprehended among the Iews to whom God gave the Law Thou shalt not commit Adultery And David's Sin was the taking the poor Man's Ewe Lamb from him which lay in his Bosom when he had Flocks enough of his own I presume there is none doubts the Christian Magistrates Power to make such a Law Death is already amongst us the Penalty for less Crimes We punish boldly with Death a Horse-stealer or a Cut-purse without any Scruple at all and is not my Property in my Wife of dearer nearer Concern to me then my Horse or a little Pocket-money The primary Law of Nature is the Observance of our Contracts for indeed without this there could be no Government the State of Nature would still have continued this Crime intrenches highly on this Law dissolving the Family-Government it is a Breach of the Solemnest Contract entered into pro bono publico Marriage being seminarium Reipubl imaginable That is the Nature of the Crime but the Magistrate is chiefly to concern himself in the Consequences of it and they are more mischievous where the Woman breaks the Contract on her Part for thereby a Spurious Issue that robs the Husband by wholesale of his Estate of all his own and his Ancestors Acquisitions is brought into his Family The Crime is then a Complication of all the Wickedness in Lust Breach of Faith and Robbery And therefore I may justly infer that seeing Men equally concur with Women to transact it they are justly equally punishable If a Man shall violate the Companion of the King or the Companion of the Eldest Son and Heir of the King it is high Treason by this we see the Care of the Law no Spurious Issue should inherit the Crown should we not take some proportionable Care of our own Estates We may do well to reflect upon the Example of other Nations as of the Iews for many Ages the only known People of God amongst whom Adultery was punished with Death upon the Example of the Gentes moratiores among the Heathens of the Athenians who upon Solon's Law punished this Crime Capitally of the Romans who in Imitation of Solon's Law set down for their Law in the 12 Tables Moechum in adulterio deprehensum necato Afterwards in the Roman State it was lawful for the Husband until the Lex Iulia in Augustus his Time Uxores in adulterio deprehensas sine judicio impune necare We may also consider what the Christian Church has done for the Suppression of this Sin In the first and best Times of Christianity they did all they could having not jus vitae ac necis against it The Pennance then for it was perpetual to the Hour of Death Zepherynus Bishop of Rome anno 216. moderated the Pennance but the African Churches and particularly the grand Tertullian opposed it as an Innovation The Ancyran Council anno 315. ordains 7 Years Pennance for it And the Council of Eliberis ordains that he that commits Adultery again after Pennance for the First Fault should not be taken into Communion at the Hour of Death In after Ages when the Roman Church was resolved upon a Corlibacy in her Clergy It was necessary the Sin should be looked on with a gentle Eye now it is dwindled down into a Peccadillo but is in Truth like the Pecadillo of not believing in God at all for if ever he gave a Law to Man it is one to prohibit Adultery Several of the Reformed Countries who have recover'd themselves from under the Empire of Wit and Fraud over their Consciences by that Church punish the Crime at this Day with Death As for us in England our present Law is not without the Infusions of the Roman Church upon it in this Case all the Remedy the injur'd Husband hath by our Law is to sue a Divorce in the Spiritual Court and be cozen'd with a Sentence of Separation a Mensa Thoro a Crafty Invention against the plain Gospel If the Husband kill the Adulterer or his Wife found by him in ipso actu the Law excuseth him in this Case from Murder but condemns him of Man-Slaughter and hangs him if he cannot read what a poor Remedy hath the Injur'd Man If he kill the Adulterer deliberately not provoakt by Ocular Demonstration it is Murder Besides all this the present Law being so defective the Crime grows upon it 't is common and this Age gives it the soft and gentle French Names of Gallantry and Divertisement in Apology for it What ought the Magistrate to do in this Case but to pursue this Crime as far as his Hand can reach to the Grave it self and then Expectet Deum Ultorem A short Discourse shewing the Reasons why the Writ De Haeretico comburendo should be abolished Chrysippus non dicit idem nec mite Thaletis Ingenium dulcique senex vicinus Hymeto Juvenal Paena errantis est doceri Plato cited by Grotius BEfore I give my Reasons it will be necessary to shew the State of the Law at present upon this Writ Before the Staâ—â—te 2 H. 4. cap. 15. No Person could be convict of Heresie but by the Arch-Bishop and all the Clergy of the Province but by that Statute any particular Bishop might in his Diocess convict of Heresie and issue forth his Precept to the Sheriff to burn the Person he had convicted a Law whereby the Clergy gain'd a Dominion over the Lives of the Subjects independent upon the Crown it was repealed by the Stat. 25. H. 8. cap. 14. but so as particular Bishops may still convict but without the Kings Writ De Haeretico comburendo first obtained no Person convict can be put to Death and so the Law stands at this Day My REASONS are these I. The Continuance of this Writ in force amongst us is a standing Reproach to the Christian Religion we profess a Religion of Love and Peace If it be not to be propagated in the whole by Force and Bloodshed certainly a Part of it as a particular Point of Faith in it is not In the Gospel of Christ all the Punishment of Heresie and of Infidelity it self are adjourned over and left to the other World II. If an Act pass to abolish this Writ it will be an Act of Indulgence in part and give an Assurance to all Persons of a different Iudgment from the present establisht Church that they are secure as to their Lives under the Government III. If Popery should ever return back into England there must a Parliament sit to repeal such an Act before any Protestant for his Opinion could be put to Death IV. Such an Act would leave the Power of the present Church to convict excommunicate and imprison Untouched only would take away their barbarous Execution of her Sentence If it be objected the Writ is grown Obsolete and disused and so need not be taken away The Answer is obvious Not so obsolete neither It was used in King Iames's Time However it 's fit it should not remain as a Snare among our Law for the Case concerns Life or Death and the Papists use the Writ constantly against the Protestants but they never against them FINIS
A LETTER TO A MEMBER OF PARLIAMENT WITH TWO DISCOURSES Enclosed in it I. The One shewing the Reason why a Law should pass to punish Adultery with Death II. The Other shewing the Reasons why the Writ De Haeretico Comburendo should be abolish'd Non partis studijs agimur sed sumsimus arma Consilijs inimica tuis ignavia fallax Printed Anno 1675. The Publisher's Advertisement These Papers are made publick not in Presumption to informe the Parliament but only to give them an Occasion to think of the Subjects they treat of it being wholely unimaginable but that the United Wisdom of the NATION will find out better and other Reasons for the Establishment of the Things they propose My Dear Friend WHen I review alone the grand Entertainments of Learning I used to meet with in your Conversation the Wit of the Poets the Reason of the Philosophers your Excellent Observations upon the Actions of Persons illustrious in Arms who have lived in the several Ages of the World my Affliction is almost unimaginable to be separated from you When you went up to the Parliament there is nothing could have stay'd me who can scarce be happy a Moment of my Life without you behind you in the Country but my Infirmity of Health and a certain Desire of enjoying the Comfort and Pleasures of the Spring You know when we parted how I conjur'd you alwayes to bear in Mind that grand Rule Inter pericula libertatis aut veritatis silent amicitiae et inimicitiae and then the Light of your own Mind will dispel and overcome the Darkness of others without Noise or Tumult This World is govern'd by particular Hatreds and Friendships not by the Reasons of Things and there is nothing can keep you constant in your Integrity but the having a perpetual Eye to that Rule I also then told you you should look abroad as well as at home keeping your Eye on Forreign Affairs for although Hannibal be not yet ad portas Philip is at Olynthus I have herein enclosed the Papers I promised you in which I claim no Property against your absolute Power over them do what you will with them You know the one contains a Discourse shewing the Reasons why Adultery should be Punished with Death the other why the Writ De Haeretico comburendo should be Abolished Adultery it is the greatest of all Thefts a Theft of which no Restitution can be made Nulla reparabilis arte Laesa pudicitia est deperit illa semel Marriage of late hath been looked on as an Engin a Toil to cath Mankind in the Magistrate had need encourage it to prevent Depopulations and to be alwayes secure and certain of our Wives is in my Iudgment the best of Encouragements As to the Abolishing the Writ de Haeretico comburendo you know I ever have had a Pitty Charity for Mankind acknowledging in all a Communion of Minds and Mortality and particularly for those that dissent from me in Religion Omnis animus veritate invitus privatur No Beauty is so pleasant so agreeable to the Eye as Truth is to the Soul and all would love it if they could discover it As there is but one certain Existence of Things so there is but one determinate Truth of them the same to all Understandings God's and Man's both If after all my Search and Labour in Knowledge I cannot discover a Beam of Truth to guide and lead me into an Unity of Mind with God am I to be made a Criminal and dealt with as a Malefactor He is Infinite and knows all Things but my poor Understanding knows one Thing and doubts of a Thousand We are here in the Body tristi et obscuro Domicilio and the inspired Apostle himself saith we see darkly and but through a Glass God hath unfolded himself in as great Variety in the Minds of Men as he hath done in the Material World The Seed of Religion springs up variously in Human Souls as we see the seminal Forms do out of the Earth and would it not be Madness or Folly to destroy cut up all Trees and Plants but the Oak I am not without all Jealousie that it is possible we in England may return back again to the Church of Rome not only because I see in History Monarchies more subject to Changes then Common-Wealths in Matters of Religion and observe how indefatigable that Infallible Church in its own Iudgment is to revenge our Schism from it upon us and so may weary us out at last how unsafe they apprehend themselves at Rome while the Power of the Sea is in the Hands of Hereticks but chiefly from the wild Philosophy and Atheism of the present Age Atheism being a Preparation to receive any Colour or Tincture in Religion I would have the Law of Burning of Hereticks repeal'd lest we should see that Day It is a Law Sanguinary with a Witness written like Draco ' s in Characters of Blood as barbarous as that of Ordeal or Tryal by Battail built upon no Reason but upon a Self Opinion every Sect hath that it hath a Monopoly of God to it self and upon no Scripture I know of but the Monkish Gloss Haereticos de vita My Dear Friend Although Gentlemen of fine Parts are sooner debauch'd in popular Assemblies under a Monarchy then Men of plainer Wisdom as Native Beauty is less subject to be tempted by others then Beauty accompanied with the Ornaments of Art I doubt not at all your Integrity in this Parliament you are not a Man of fluttering Principles betwixt Kravery and Honesty you will herd in your Vote with no Cabal but go with the Squadron volante as Reason upon every Debate appears to you I know you account a Liberty of Judgment in an uninterested indifference of Mind without Fears or Hopes a Grandeur and Excellence above the Rewards of Wealth from the Court or of Fame from the People nor am I afraid that amidst the Pleasure or Business of the City you will depart from the Contemplative Life but be alone with your own Mind and drink of the Spring of Truth there which overflowed so constantly your Conversations with me in the Country Non Venus aut vinum sublimia pectora fregit Officiumve fori And as for our Friendship which has been a Communion of Minds Fortunes for several Years I have no Cloud no Umbrage of Iealousie towards you Friends in this World are not like Satyrs or Centaurs without real Existence as Cardan under a Mel ncholy complains they are I am sure I have found one which as he sayes he neveâ— was so happy in his Life to do I will detain you no longer from the Care of the publick Affaâ—rs I am Dearest Sr April 17. 1675. Your most sincerely affectionate Friend A short Discourse why a Law should pass in England to punish Adultery with Death Publicus assertor vitiis suppressa levabo Pectora vindictae quisque favete suae Ovid. IT will be necessary before