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 them seme to serue his detestable errour . But not long after this latyn writer recanted & altered the tytle of hys boke , permittyng al his false argumentes , weake reasons and his vayne probacyons for hys parte to stand styll , nether recanted 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 dedicacion 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 comon 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 then as al this is trueth let neither the seclare magistrates winke at this offence , let no man defend the cryme , nor the professours of Gods worde ceasse to spe●e , ne to wryte excitinge and exhortynge all estates to their abounden 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 . When 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 ciuill 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 and 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 . Nume . xx● 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 and 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 lawe of nature , whereof the ten preceptes are grounded , and can not be abrogated . Neyther is there any lawe abrogated , whyche beareth in it selfe the honoure of God , & the loue to oure neighbour : but to punish adultery wyth death pertayneth to Goddes honoure in hys worde to be obeyed and obserued for the loue of oure neyghboures , whiche els shoulde suffer intollerabler iniuries , then to haue all hys goodes taken from hym : wherfore it ought to be more punished then theft . Is not a mans wyfe , or husbande , or doughter , or seruaunt morderer to them , then their temporal goods as horse , kowe , & c ? God is the God of the Gentiles , and tendereth the preseruacyon & tranquilite of our comon wealth and churche , as greatlye as he dyd the Iewes . Wherfore the lawes of hys honoure , of oure sayth , and mutuall loue must be geuen to us , as well as to them . To take awaye , and to cut of putryfyed and corrupte membres from the whole body , lest they poyson and destroye the body , is the lawe of loue to the whole body to be preserued : wherfore euery lawe that beareth this loue in it selfe , is the euerlasting wil of god , made by the same spirit , which is one & the same of both the testamentes , & must nedes stand ferme & inuiolable , according to his owne sayinge by his Prophet : Psal .xviij. ● . ●xviij . Lorde thy iudgementes are egall ferme , fast and iust . And all thy iudgementes shal endure for euer . Wherfore it is playne that they are not abrogated , as this yong and newe orator woulde perswade . Saint Paul beholding the morals & iudicials of God , affirmeth constantly them to be both perfit & profitable .ij. Timo .iij. bothe to teache to reproue vice , to correcte synne & to instruct man . Now for asmuch as the iudgments of God be so profitable so perfit & so necessarye , what man dare be so bolde ether to abrogat , to alter , to minish , or to swade the Magistrates not to execute thē● so far of shuld they be to write & to affirme them to be neither profitable nor necessary , but to be cruell blody banished from the Christen comon wealthes . Maister Bullyngerus , a man of an excellent knowledge & highly learned , a man of a pure iudgment , in his boke of the holy state of wedlocke , & also in his .x. sermon of his ij . decadis , constantly affirmeth . The punishment of dath for adultery , neither to be abrogated nor chaunged , no not of the gentiles , as witnesseth lex Iulia Romano●um . And shal we Christianes be more licenciose to synne then the Heathen ? Into oure shame & condēpnaciun is this wrytten . The grauite of the sinne , God euer expressed by the iudgment & punishment annexed . What iudgement God commaundeth to be done vpon adulterers his eternal wil & word yet declareth . But they that would ether abrogate , or take away the punishment : yea , or minish it , declare them selues ether to make adultery no syn at al , or vslesse to esteme it then the Heathen , or els not so great a sinne now as it was in the time of Moses . But the commaundement of God is euer one & the same , the trangression & offence is agaynst the same God , that yet abhorreth iniquite . Now sith the offence is the same , and the sore al one , why should it not haue the same punishment & the same remedy to cure it , & to expell it out of the comen weale of Christes church ? or wherfore shoulde man dispense with , or abrogate more the punishement of adultery , then the punishementes of theft and murther● Nor long ago , It was thought iustely to be punished wyth the swerde , and so put in execucion of some persons , and why is it not styll executed ? Is it thought worthye in women and not in ●en ? Psa 〈◊〉 God is not acceptor of persons . Yf thys wryter therfore beynge put a pryuate persone , so vsurpeth not to him selfe onely the autorite to geue counsel , and to persuade adulterers not to be punyshed , but be content to permytte to another the same libertye to wryte and to counsel , I woulde geue the contrary counsell : euen Adulterers to be punyshed iustelye by Gods worde . For often and sharpelye God commaundeth wyth terrible commynacions , the rulers to minister iustice and iudgement , punyshynge the enormities of those open crymes , whyche as they defyle and corrupt the Chrysten comon wealthes , so by no holsome exhortacyon , ientle monicion , ne preaching of the worde may they els be repressed , & ●xtincted ? Wherfore els hath God ordined ouer euery church and reaulme 〈◊〉 prynces and magyltrates , puttinge the swerde & scept●e in their handes , but to punyshe accordynge to hys worde and commaundement suche grenouse distuerbers , sclaunderers and destroiers of the commone wealthes . For whom the worde can not refrayne , God hath ordyned the ●werde to represse . The sacred integryte therfore of thys Christes holy church , the inuiolable honour of holye matrymony ordined of God : the preseruacyon of the priuate & publique peace : al honesty : godlye zeale to vertue , to the saluacyon of oure soules and to Gods glorye shoulde constrayne euery Christen hert to counsell , to exhorte and to excyte all christen magistrates to cut of thys contagyose kanker of adultery from amonge vs , leste in further crepynge , as it dayly corrupteth the whole body of this noble realme so shal it els be at last so incurable , that as Titus Linius of the Romans complayned . Neyther the vyce nor yet the ●uste remedy wyl be suffered , prouokinge the heauye wrathe of God to be powred forth vpon vs , as the moste terryble ex●mples and storyes wrytten for oure wa●●ynge threaten vs , teaching vs also how detestable a synne it is before God and man , which God so abhorred , that with as greuouse a death he as strayghtly commaundeth it to be punished , as any other blasphemy committed agaynst hys owne maiestye , or for kyllynge father and mother . Yf the Christen Magistrates therfore wyl turne from them selues , & from their regions the present wrath of God imminent , as did Pinhas and Moses from the comon weall of Israel by slaying the Adulterers in their dayes , ●um .xxv. let them restore , promoue spedely , and stablishe purely the Christian religion placed in her owne old honour and integrite , not mixed wyth any humane prophane tradi●ions , all papistry cleane swept oute of oure churches , and iustely punishe open obstinate , incurable synners , leste for these two impedimentes the Gospel denyed vs , ●u .xxxiij. as they shal be sharpe thornes in oure eyes , and speares in oure sydes : so shall God for sufferynge suche open whordom and adultery vnpunished deale with vs as he dealt for the same synnes with the commonaltie of his peculiare people : first by Nohas floud , then by Nebuchadnezar , and at laste by Titus th emprour . And euen therfore to punishe comon a●d impenitent Adulterers with the swearde do I counsell by Gods worde borne by the iudgement and counsell of all the Godlye learned writers , that nowe write in latyne and in other tonges . Thys added : Yf the wyckednes be haunted withoute al fear of God and shame of men , so comonly , openlye and desperatelye accustomed ; that otherwyse it wyll not be repressed . Supposed alwayes that the Christen Magistrates and Godlye preachers therto consent , lenite ioyned with charite called into their counsell . But what charite ? Not that fonde charite , whiche so preposterously pitieth an open indurat Adulterer , and the e●rand accustomed strong thefe , that neither for their obstinat incorrigible crimes nor for any comōzele to christen brothren , would haue the magistrates exec●t their iust office inioined of god , nor gods & the realmes iust lawes executed . But as she laboreth by suche blynde piete to deliuer the stronge thefe from the gayelhouse , euen so by lyke sinistre charitie coupled with as lewed ●eni●e couselleth she , fleshelye Adulterers to lyue in their whordome vnpunished , maintayning this syn the originall of al wickednes into the destruccion of the comon wealthe and greate damnacion of many all shameles audacite added to their depe roted iniquite . But that charytie and lenite , would I haue called into counsel , for thys iust punyshement , whiche is so cleare eyed , that she can se what thyng she may do by Gods word , and when she may obtayne her purpose , and also knoweth , how much she oweth to the fraylte of the weake corrigible at a tyme ouercomen by some greate temptacyon . Aud howe muche she oweth to the desperate indurate syn●ers , whiche hauynge , or els may haue their owne , yet lyke insaciable beastes , all feare of God despysed prouoke them selues and other vnto thys detestable fylthynes . Thys charyte therfore ( I say ) do we enbrace , whyche seketh the glory of God , the kepinge of chaste wedlocke : yea , rather the publique wealthe a●d peace of many men and women to be kept pure from this vyce , then the lyfe of a fewe ( in comp●rison ) pestilent incorrigible persons , whyche iustly deserue to dye by Gods lawes . Some thinck , it is to hard and to cruell a lawe to punyshe Adulterers wyth deathe . But these persons bliudened wyth the custome of the synne so longe vnpunished , ether are they gyltye themselues or els al feare set a part , consider they not the terrible maiestie of him that said : Thou shalt not commit adultery . Wherfore yf I had not sene this greuouse offence so frequented with oute al punishement & shame and feare of God , and this wryter so farre to haue erred in wrestinge the scriptures to mayntaine this wickednes contrary to some men in priuate commonicacion , and also in open sermons exhortinge the magistrates iustely to punish● adultery : I would haue winked at his fonde zele and blynde charite . Albe it , his blynde loue to him selfe in pleasinge him selfe hath openly for a shewe of his latyne tongue and greke set forthe his boke more to exercise his stile , than to geue vs any godly doctrine , which boke sith it is put forthe to sustayne the publique iudgement , I can not but saye my mynde for the defe●ce of the trueth , and confutacyon of lyes . For I iudge eeuery professor and minister of the word to be the same to the churche , as is the goode Magistrat , and citesen to the citye , whiche as they will suffer nothinge to growe that maye destroye the cite and comon welth , euen so should the professor suffer no vyce , ne false doctrine nor synner vnpunished in the churche : wherby the congregacion is corrupted , and greuously sclaundered , and turned from the feare of God , who be feared & praysed for euer . Amen .

But let vs hear , what this writer saith . Into the reproche and rebukes of them , whom he iudgeth not to approue his boke and title therof : he sayth thus : But I meruel at this vngodlines ( shall I cal it ) or rather a loue to them selues , whyche are wont so greately to abhorre them that are slyden into vices , as though their selues were Goddes vpon the earth , or vtterly clere from the same spots . Lo. Adultery is with this man but a litle spotte , a moot , a litle sliding amisse in this mans eye . For what synne els is it , that he in his boke defendeth ? who ther els ●end al his arguments then into this ende , that Adulterers shoulde not be punished , accordinge to his his first title an argumentes of the whole boke ? Beholde also how spyghtfully he depraueth good men for abhorringe adultery , and would haue it iustely punished . Neyther is therre now almost any man , their maners are so corrupte , but he will tell forth other menis offences to shewe them selues therby the more pure and honest .

Here may ye se , of what spirite the man is caried into the rebukes an fole hardy iudgement , reprehending and deprauing other godlye ministers , whiche in pulpits dampne and abhorre these open obstinate Adulterers , exhortinge the Magistrates to punishe it by Gods lawes . As yf they shoulde preache against this horrible vice , shewing with Paul. What an offence it is to take the membres of christ and make them the membres of an whore to violate holy wedlocke , to pollute the temple of God , to dishonour his high maiestye , to sclaunder his holy churche , to separat that as God ioyneth , to poyson the whole comon wealth , exhortinge the rulers to punishe the crime . These men for so preachinge , he calleth them scornfully , Goddes of the earth , & iudgeth them to set forth their owne honesty and goodnes by sclaunderyng other men and tellynge forthe their synnes . No sir , we sclaunder them not , ne tell we forthe their synnes . They are their owne open filthy dedes , whiche ye defende , that disclose them . Yf ye knowe any of vs that are agaynst your boke giltie , and would kouer our synne with rebukinge aduoutry in open pulpits , or writinge or exhortinge rulers to punishe it , be you our accuser to make your mater the beter , ye once exhorted a man to not flater , but s●arpely to rebuke vice . And now I perceiue ye did it to haue the same office your selfe well remembringe the comyk : That the trueth getteth hatered and obsequye frendes , ye shal by this boke and this defence get ye many Adulterers to frende and to stande one youre syde .

But this hatered , this so bitter i●digu●ciō in priuate professors not only against the vices , but against the men , I can not tell , whether it becometh men .

Shoulde we not hate those open synners and their offences , whiche God so abhorreth and al godly men , that euen the persones we are commaunded to estiewe , to neither drincke ne eate with them , nor to haue any conuersacion with them ? Then he sayth :

Namely them whiche synne of nature and not of will .

Here it would be asked this great learned oratore , whether his Adulterers syn not of wyl , but against their willes , only of nature ? There is no actual syn , but it is vnluntary . Adultery is actuall , wherfore it is a voluntary synne . This were els in dede a good defence for hys Adulterers to saye , their synne is so natuaall , that it is against their willes , and so not worthy punishment . At last to mitigate their synne he sayth : Yf one committe a litle greuoser syn of weakeues , howe do these men take on ?

Suerly yf Adulterers had no beter patrone then this poete to extenuate , and defende their cause , they are like to suffer perpetuall hell tormentes , yf they repent not in time , albe it they here escape the Magistrats handes . For these Adulterers whose cause he taketh to defende , and we would proue them worthy to be punished accordinge to Goddes lawes , synne neither of wekenes , nor of frai●tie , nor yet agaynst their willes . For they haue , or els may haue their owne wyues and the women their owne housbandes . But they are suche as be so maried to their owne lustes , that they obeye them runninge hedlongs withoute anye resistence , or feare of God , and his preceptes into their owne fleshely desyers , yea it taketh dayly suche rote and custome , that as in other countries dronknes is rekened for a vertue , so is adultery nowe comonly but a praysed laughter , & hathe done one the name of prayse and vertue amonge the wicked . Also nowe this wicked excuse is nowe inuented . That they are not ashamed to say : after they haue ben longe maried hauinge many children by their wyues , when their lustes , moue them to another , I was maryed yonge against mywill . And euen nowe what reasons and busines begyn to aryse for diuorsements ? whether the vngilty part after the diuorsement may marye another , or what shall the giltie or vngiltie do , yf he or she cannot lyue sole , & what yf both be giltie ? And who broke wedlocke first ? whiche all these shameles vngodly contencious and wicked despicions were clerely ceassed , yf accordinge to Gods lawes yet excuted in some christen churches , or after the ciui●e lawes made by emprours adultery were punished . Then he say th :

Yf I might frely say my mynde in the fre church of the Christen , I verely and constantly iudge it , neither to be profytable nor necessary , open Adulterers taken in adultery , to be punished with death .

Lo , here haue ye this manis corrupte iudgemente , and his sinfull sentence . Nowe yf the Magistrates iudge otherwyse ( as he here after qualifieth and quidifieth his sayinge ) according to goddes lawes : so must there sentence , and Goddes sentences to , be neither profitable nor necessarye . But God whiche is the euerlastinge wisedome constitutinge his comen welth defended with so many good and iuste lawes , to be by them preserued , thought it bothe necessarye and profitable , whose wyll is so immutable , that euen the Gentiles were compelled by the lawe of nature to f●low the same iudgementes . Example ye haue of Tha●ar . Gen. xxxv●● And what plages did God caste vpon Pharao and his house for takinge Sarai from her housbande Abraham , Gene .xij. & yet had not Pharao to do with her ? Pharao doing it of ignoraunce . For when he kuewe her to be another mans wyfe , he sent her to him agayne . In suche reuerence had euen the very heathen holye wedlocke , as the lawe of nature , whiche they dirst not violate into a testimony against vs in this matter to rise agaynst vs in the daye of iudgement . Agayne : when Abimelech toke Abrahams wyfe , Gene .xx. did not God tell him , he was but a dead man ? and yet had he not offended with her . He threatened him death with al his and the king knew not she was his wife , but toke her for his sister : so fearful were the heathen kinges to violate matrimony , & what death they loked for , yf they broke it . And shal we Christians beinge vnder the Gospel & Gods lawes grounded vpon the lawe of nature , ether defende adultery or not moue the Magistrates to punish it ? Yf we se it not punished neither by excommunicacion , nor by the swerde shal the Christen professors hold their tongues and pennes , as would this writer haue vs to do ? Oh wiked silence . A faythful dogge lyinge at his maisters dore , wil barke & bight to , yf the thefe come nighe to breke in , & to robbe his mayster , and shall a Christen professour and minister of Gods worde and of his lawes , holde hys peace , seinge , God robbed of his glory , his lawes & commaundements broken his holy so auncient institucion , neuer yet altered , now violated contemned & troden vnder fote vnpunished ? yea and that amonge the Christianes ? This one thinge dare I constantly saye : That except adultery be punished with deathe , as God commaunded , or els nowe with paynes as greuose : as it shal be the greatest sclaunder to the realme and to the Gospell , so shall it be one of the iuste causes , wherfore this realme shal be plaged , & that greuously : yea , and the cause of the damnacion of many . This did faithfull Iosephe well se , Gene. xxxi● and consyder when his Ladye and misteres quene of Egypt prouoked him therto , and resisted it . This did holy Iob wel ponder , when he sayde : Iob .xxxi. Yf my hert hath but lustyd after another manis wyfe , let myne owne be abused . For I knowe that this iniquite requireth the sentence of death . Nowe yf in the lawe of nature , when as yet the punishment therof was not writen , but in menis hertes this abhominable adultery was so detested and the paynes of death were executed and threate●ed them , muche greater paynes abyde them , that nowe knowe the Lordes wil bothe in herte wryten and in expresse wordes , and yet contempne it and breake it . So that now we are neyther ignorant , howe God abhorreth this wickednes , & what punishment he hath decreed for it . There is no externe transgression of any of the commaundementes , but accordinge to the grauite of the synne , God euer of his iustice ordined and decreed in writinge the iuste forme in punishinge it , whiche paynes are yet executed of them to whom he hath geuen the swerde . And what autorite hath this yonge orator , or any man more to abrogate the onlye punishment for adultery , them paynes for murther blasphemy , theft , or sinytinge of parentes ? Thus sayth the Lorde God ( and no man ) whose will and worde is euerlastinge , heauen and earthe soner to perish then one iote of his lawe to passeo●er . Whoso committeth adultery with anye manis wife , shall die to death , bothe the man and the woman , because he hathe broken wedlocke with his neighboures wise . Leui .xx. The same lawe is rehersed also in Deut. xx. Deute , xx . Yf this man had pondered well the highe terrible maiestie and eternall will and pour almightye of him that spake and decreed this iuste iudgemente : he woulde not make so lighte a syde slidynge of adulterye , ne take vpon him to defend their cause against Gods worde , nor yet to excuse Adulterers , and to abrogate the decre of God , ne counsel Magistrates to do contrarye to Gods worde , ne rebuke and condemp●e the professours and teachers of the word for doynge their office inioined them of God exhortinge the rulers to punishe this e●ormite and comon pestilence and destruccion of comon wealthes . Amonge the Heathen Leprianis . The Lepriās lawe . Adulterers were caried bounde drawn thorowe the citie , i● . dayes , and afterward as long as they lyued , were despised , shamed and forsaken of al honest persons . Amonge the Locrenses . Zaleucus Zaleucus . forbode adultery vnder this pay●e . That the transgressor shoulde haue bothe his eyes put oute . And when his owne sonne did offende , he vode the iudges , as iudges put oute one of his eyes . And the other eye did him selfe put oute as a father . In the noble Germans , 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 Opilius his lawe . Macrinius emprour of Rome vsed to punishe Adulterers with fyre , throwing them bothe bownd together into the fier where after there was a comon lawe called lex Iulia : Lex Iulia. whiche decreed Adulterers to be punished with the swerde , whiche lawe stode in strengthe in S. Hieroms tyme , whiche mencioneth and alloweth it . And the same lawe de stupris and adultery did the christen emprours receiue . And of Iustiniane is it confirmed & ●ecreed lib. iixi . titu .xviij. de publicis Iudic●s . In the lawes of Bamburgh the 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 , and therto exhorte al rulers as in tymes past . For verely , adultery is the destruccion , and the great dishonor of Gods fyrste ordinaunce . A dampnable wickednes procedinge from 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 copulacion , neuer yet altered . And the maried persons smite a perpetuall cone●aunt , neuer to diuide their bodies ioi●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 fo●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 payn●ed the defence of Adulterers and made so many arguments for their vnpunishment in so counselling the Magistrates . why doeth he not as vehemently dissuade the punishement of murther and 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 a●d aduoutry together proueth Prouerb .vi. aduoutry to be much more greuose offence . Yf it be so , it ought more sharpely to be punished then theft . Also besides many greuose inconue●ences , this happeneth . That the right ayers oftentimes be defrauded of their heretage for euer . I passouer the murthers poissoninge batails , and treasons with other infinite destruccions that haue comen of adultery , and yet dayly ensueth . But yet the ecclesiastick teachers , he woulde haue them 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 the kinges ? And that in dontful iudgementes they should call the priestes to shewe them 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 sy●nes in neglecting iustice and Gods iudgementes , yea and where the cause was vrgent , necessite requiringe the defence of the religion , their selues resisted , punished and auenged it with deathe doinge the 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. ●xodi .xxxij. ●nd .ij. ●um .xxv. Moses him selfe killed the Egipcion for sinitinge one of his brethren . Agayne , what blody murther made Moses and Pinhas the Le●ite vpon Adulterers , ●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 committed 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 christen Magistrate the perpetuall death of dampnacion 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 ? Then he maketh this reason .

It is not reade ( saith he ) that Christe or any of his apostles bode or commaunded any adulterer to be punished with death ergo :

So is it not read , that Christ commaunded the two theues to be hanged that 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 with the swerde . And what law was it , wherof Paul saith : 〈◊〉 . Timo .i. 〈◊〉 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 hundreth 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 the 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 redempcion , 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 them 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 hand 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 euen then confirmed , i. Timo .i. and his apostles did also wryte them to be obeyed and fered , i. Petri .ii. ●● whiche commaunded to be kept moste diligently , and al men to institute al their publik and priuate iudgementes accordinge to his word . Deuter . v●●● xi . 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 :