VVhether it be lavvfull to release iust punishments which are inioyned by lavves.
* 1.1 23 Of this question there be many Ar∣guments on both parts. For first kings are stirred vp vnto clemencie, which woulde bée doone in vaine vnlesse they might forgiue. Al∣so Dauid forgaue seditious men, * 1.2 and sware vnto Semei, that he woulde not punish him. And Paul commendeth Onesimus, * 1.3 a fugitiue seruant, vnto his Maister Philemon & pray∣eth him to forgiue him his fault. And the vse was among Christian Emperours that in the wéeke before Easter, * 1.4 when the memorie of Christ his death was celebrated, the pri∣sons were set at large. And amōg the Iewes the custome was, * 1.5 that in Easter some one condemned man should be set at libertie by the chiefe Ruler. Also Augustine made inter∣cession oftentimes for the Donatistes and Circumcellions, which had not onely trou∣bled Religion, but also had doone iniurie to the life and goods of the Christians. Further we reade that it was decréed among them of olde time, that if a guiltie person had fled vn∣to Churches, he should be without harme. And hereof Chrysostome maketh mention in his Oration against Gainas.
24 Also there want not firme Arguments on the contrarie part. * 1.6 For first, it séemeth that a godly worke shoulde not be hindred: and it is a godly worke to punish the guiltie, séeing it profiteth the Common weale, and taketh awaie sinnes. Moreouer by this meanes the office of Princes is hindered. For they beare the sword: which if they vse not when time and cause requireth, they doe not their duetie. Besides: he that releaseth punishments giueth of anothers and not of his own, sith iudgement is the right of God, as it is written in the first Chapter of Deu∣teronomie. And in the second of Paralip. the 19. * 1.7 Chapter Iosaphat saieth: Exercise iudge∣ment, not onely for man but as it were for God. And the punishments of the lawe can not be taken awaie vnlesse it be by him that appointed them. But God appointed the pu∣nishments for sinnes. Wherefore no man shoulde diminish or take them awaie. But that God appointed the punishment of death for grieuous sinnes, it appeareth out of the 18. Chapter of Deuteronomie, where it is thus written, * 1.8 that the people desired that God himselfe would not speake vnto them, because they might not abide so great a Ma∣iestie: and for that they chose rather to heare Moses to be the interpretour: that GOD heard these prayers of the people, and pro∣mised not onely that he woulde giue Moses vnto them, but also woulde prouide that no Prophet should at any time be wanting vn∣to them. A Prophet (saieth he) will I raise vp vnto you from among your owne brethren. But he addeth: If any man will not heare that Prophet, I will make inquisition against him. Howbeit this place prooueth not, that that punishment was the punishment of death. More certaine is the other place in the 17. Chapter of Deuteronomie: If (saieth God) there shall happen a difficult case, * 1.9 yee shall goe vp to the high Priest or vnto a Le∣uite: and he that shall not heare the voyce of the Leuite or high Priest, or of the Iudge, shal die the death. But that was for changing the state of the Common weale. Samuels counsell was demaunded as concerning that matter, and he was not onely a Prophet but also a iudge; they gaue not eare vnto him therfore they were worthie of death. In déed, GOD might haue forgiuen them, but the Prince could not. Furthermore there is a waie opened vnto mischiefes, when men promise to themselues, that either through grace or rewarde they shall escape vnpuni∣shed. This also may bee prooued out of the histories. God commaunded that all the A∣malachites should be slaine, Saul spared A∣gag their King: * 1.10 he was grieuously reproo∣ued by Samuel, because this was not lawfull for him to doe. * 1.11 And when the king of Israel had spared Benhadad the king of Syria, whō God had commanded to be slaine: * 1.12 Thy soule (saieth the Prophet) shall be for his soule. In déede the Prince hath power of life and of death. But yet, as he may not punish him that is innocent, so must he not let him e∣scape that is guiltie. Yea and the Lord saith: Thou shalt take awaie the murtherer from my Altar, and shalt put him to death. * 1.13 Final∣ly, if this should be permitted vnto Princes, iudgements of death would be solde, and the execution of Iustice should be at pleasure of the Magistrate. Thus haue we Arguments on both parts. * 1.14
25 But here must we consider, that some lawes there be humane, and other some di∣uine.