land, when such crimes are borne withall and maintained? It is said that if a murther bee let passe, and the doer of it scapes vnknowen, Gods wrath is thereby prouoked: and if the murthe∣rer be knowen, then is it a more heynous crime to let him scape vnpunished. But if a theefe lye in waite for a mā that mistrusteth no such thing, and setteth vppon him: is it not a plaine spiting of God, if that bee suffered? And if it be not any one man that is assaulted, but there are such o∣uer [ 10] lustie mates as will say, let vs kill and slea, & when they haue their swordes out, they care not against how many they drawe, but make a com∣mon hauocke, and such slaughter as all is on a gore bloud: are not the folkes that stirre vp such broyles, worse than the theeues and robbers in the woods? Men wil at leastwise mistrust theeues in a forest: but [who woulde thinke] that where there should be ciuill order, where Lawes [ought to] raigne, where there is a seate of Iustice: there [ 20] men whould fill all things with bloud, and violate so many images of God as come in their way, & that the same should be suffered? I pray you is it not a bewraying that wee bee loth that GOD shoulde raigne among vs, or haue vs vnder his protection? Yes. Therefore let vs marke well what is said here concerning wilfull murthers, how there is no pardon for them, but God will haue them rooted out of the worlde and execu∣ted by Iustice, which haue violated his image. [ 30] And why? To the intent wee shoulde alwayes beare in minde the thing that I spake of before, that is to wit, how greatly he loueth vs, and that forasmuch as he hath adopted vs to be his chil∣dren, he will haue a continuall care of vs, and keepe vs as charely as the Apple of his eye, as he speaketh by his Prophet Zacharie. Now if it bee so that wee desire God (as the holy Ghost teacheth vs) to keepe vs as the Apple of his eye, that is to say, as the tenderest and delicatest part [ 40] of him: I pray you ought not we to gather ther∣by, that seeing he loueth vs, he will haue vs also to loue one another, yea euen with more than brotherly loue? Yes: and therefore let vs learne to abstaine from all wrong and outrage. More∣ouer whensoeuer any murther is committed, or whensoeuer any folke are so wicked and cruel as to goe about to shed mans bloud: let vs make account of them, not onely as enemies to men, but also as deadly enemies to God, for as much [ 50] as he sheweth himselfe to bee their aduersarie, and telleth vs that he taketh it as an assaulting of him in his owne person, and in his owne Ma∣iestie. That is the thing which wee haue to marke.
And herewithall wee must passe yet further. For wee knowe how S. Iohn saieth, that whoso∣euer hateth his neighbor in his hart, is a murthe∣rer before God. True it is yt wee must in any wise keepe our handes cleane from all iniurie and [ 60] outrage: but yet must our heart also be pure and cleane before God. If it bee not so: we shall bee blamed, not for drawing of our swordes, but for desiring to ouerthrowe our neighbour, and for labouring, so much as was in vs, to bring it to passe by ouerthwart meanes. Albeit that men can not blame vs; yet doeth God condemne vs for murtherers, yea though our hatred were so secret as wee neuer made countenance of it. For whereas S. Iohn saieth, he that hateth his brother in his heart: it is al one as if he saide, although the hatred appeare not, nor men can beare witnesse of it: yet are wee faultie, if our heart be infected with any rancour, or enmitie. Sith it is so, let vs beare well in minde, that our Lordes intent is to perswade vs to brotherly loue among our selues, and to agree togither, indeuouring to helpe one another. For all mankinde is knit togither as it were into one bodie. And therfore let vs learn to abhorre all murther, as well which is committed against other folkes, as which is meant against our selues. Howbeit let vs learne to hate (that is to say to condemne) cōtinually all murder, with∣out saying little or much in excuse of it: in so much that although wee were guiltie of it, yet wee should iudge against our selues if wee would iudge rightly. Will wee then condemne mur∣ther in another man? Let vs condemne hatred in our selues, by abstaining from all malice and reuengement, that our heartes may be rid of it. If we deale with such vprightnesse, then wil God dwell with vs and make vs to prosper.
But yet for al this, it is saide that the man∣slaughters which are not committed through malice, nor in rage, nor by quarelling, shall bee pardoned, and not without cause. For as I tolde you, the crimes that are punishable, must bee committed with a will and intent. Then if one shoote, and meaning to leuell at his marke doe hit a man by the way, he is not punishable: for euen the Lawes of man haue ordained so, and there is an example of it set downe in another place of this booke, where it is said that if a man bee cropping of a tree, and his Ax fall downe vp∣on one that is vnder the tree, he shall not bee guiltie of the falling of his Ax vppon the head of him whom he perceiued not. And why? For it was God that did it (saieth the text,) whereas we say it was by chaunce or fortune: Bicause wee cannot conceiue that things happen otherwise than by chaunce. Ye see here howe it is saide to bee Gods doing: that is to say, it was the will of God who gouerneth all things by his secret pro∣uidence, that such a one should bee taken out of the worlde. Yet notwithstanding, he that gaue the stripe vnawares, ought not to be punished as if he had killed one in anger and in a fray. Thus wee see heere what manslaughters are pardo∣nable.
Howbeit, there are two thinges to bee noted therewithall: the one is, that inquisition must be made of it: and the other is, that although such a one bee not to bee taken as a felon, yet doeth God separate him from other men, & will haue him to bee as a prisoner for a time, to the intent he should be an example to others to shun mur∣der the more, seeing that ye manslaughter which was cōmitted vnwillingly is punished after that fashion. As touching inquisition and making of search, it is a notable point. For we see how men are abused with the thinges that are done in fa∣uour of offenders: in so much that if any thing