The common places of the most famous and renowmed diuine Doctor Peter Martyr diuided into foure principall parts: with a large addition of manie theologicall and necessarie discourses, some neuer extant before. Translated and partlie gathered by Anthonie Marten, one of the sewers of hir Maiesties most honourable chamber.

Of Rauine, or violent ta∣king awaie.

* 1.1 27 This word Raptus, Rauine, in the Hebrue commeth of Chatath. The Gréekes saie, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the Latins Rapere, which is, To take awaie by violence; not after euerie maner of sort, but as it were by a certeine furie and great vio∣lence. * 1.2 Wherefore rauine differeth from theft; bi∣cause theft may be committed secretlie & with∣out violence. For which cause, in the Digests De iureiurando, in the lawe Duobu•• reis, it is written; If a man sweare he hath not taken anie thing awaie violentlie, yet is he not straitwaie quit of theft. For although that thing, which a man dooth, be not rauine; yet it may be theft. So the ciuill lawe putteth a difference betwéene theft and rauine. But to what things rauine pertei∣neth, it is mentioned in the Digests, De conditi∣one triticiaria, in the lawe the first. Things im∣mooueable, as houses, lands, & farms are entred vpon: but those, which be mooueable, as things not hauing life, beasts & men are violentlie ta∣ken awaie. Howbeit, * 1.3 we treate here of the vio∣lent taking awaie of things mooueable: yet ne∣uertheles, not of all, but of mens bodies, that are by violence taken awaie for lusts sake. This is another kind of rauine, but not proper, which Augustine toucheth in the 19. sermon De verbis apostoli: and it is mentioned in the Decrées, * 1.4 14 cause, question the fift, in the chapter Si quid inue∣nisti, where he saith, that things, which be found, must be restored. Which if thou doo not, thou hast taken them awaie forceablie; forsomuch as thou hast doone what thou couldest: so that if thou had∣dest found more, thou wouldest haue taken a∣waie more.

There the Glosser verie well declareth, * 1.5 what is to be doone with things that be found. Either (saith he) the same are counted for things cast awaie: as if the owner haue cast awaie anie thing, the same, if a man reteine, when he hath found it, he committeth not theft; but if that thing, which is found be not forsaken, neither thought to be cast awaie willinglie by the ow∣ner (as when a ring is found, or a purse, or anie such thing, which is not woont to be cast awaie) if thou deteine it, it is theft, vnles thou kéepe it by thée with a mind & will to restore it againe. So then, thou must openlie tell that thou hast found these things, whereby the owner may come to his owne againe; as it is decréed in the Digests De furtis, in the lawe Falsus, in the Paraph, Qui alienum. But if thou kéepe it by thée, with a mind not to restore it, it is theft. And this dooth Augu∣stine in the place now alledged reprooue. The ve∣rie same is decréed in the Code De thesauro, in the lawe Nemo, and in the institutions De re∣rum diuisione, where it is ordeined; that If a man find treasure in his house or ground, it shall be his that findeth it. Howbeit, if he find it in ano∣ther mans soile, either he hath gotten it by chance, or else he sought for it. If he haue gotten it by chance, let it be diuided betwéene the finder and the owner; but if he sought for it, the whole must be yéelded to the owner. If the place were holie, and the treasure found by chance, the fin∣der shall haue it. It is added, * 1.6 that if a man doo séeke for treasure in his owne ground, and ther∣vnto vse Magike, and arts forbidden; the thing

found, ought to be yéelded vnto the common treasurie. For he, which by euill meanes hath sought anie thing, séemeth vnworthie to be pos∣sessor thereof. But to returne to Augustine, I affirme that which before I said, that it is not properlie rauine, if a man hold backe that which he hath found of an other mans.

And this dooth Origin plainelie declare in his fourth homilie vpon Leuiticus; Some (saith he) will not restore that, which they haue found: for they saie, that God hath giuen it them. Howbe∣it, whatsoeuer they saie, it is a crime like vnto rauine. He saith not, that it is rauine, but a cer∣teine thing like vnto it. Although we haue out of the ciuill lawe distinguished theft from rauine, yet may rauine be called theft; but yet so, that there be added a violence. In the Digests De Furtis, in the law Si vendidero, it is thus written; He that taketh awaie by violence, euerie waie committeth theft, and is an open théefe. But o∣mitting these things, let vs returne to that kind whereof we now intreat. Some haue said, that this Latine word Rapere, is nothing els, but Vi∣olentlie to lead awaie a maiden from the house of hir father, to the end that he dishonesting hir, may afterward haue hir for his wife. But this definition is not full and absolute, although it be vsed of the Canonists in the 36. cause, question 1 chap. Lex illa, in the Paraph Cùm ergo. For in the historie of iudges, the maidens were violentlie caught awaie, yet were they not taken awaie from their fathers house, but out of the féeld or vineyards. Neither is that true, which is added: namelie, To marrie hir, or to haue hir to his wife, when he hath dishonested hir: for the mind of him that taketh hir awaie by violence, may be to haue hir for his concubine, or t'abuse hir at his pleasure, though he take hir not to wife. Fur∣ther, this forsaid definition onlie maketh menti∣on of maidens, when as yet neuerthelesse, both married women & widows, frée-maid-seruants & bond-maid-seruants, & also yong children may be violentlie taken awaie. Wherefore the crime extendeth further than that definition dooth im∣port. Onlie harlots séem to be exempted; for they are not said to be carried awaie violentlie, al∣though they be taken awaie by force. And cer∣teinelie, it is then no action of violent taking a∣waie, but of iniuries onelie. But it is ment, that such persons are violentlie caught awaie from the custodie either of their parents, or of their tu∣tor, gardian, patrone, or lord; to the end there may be vsed an vnlawfull copulation, whether matrimonie followe or no.

* 1.7 28 Now must we declare what punishments be ordeined for such violent takers. In the Code De Raptu virginum, & viduarum, in the lawe Vnica, Iustinian intreateth at large of that mat∣ter, & maketh the taking awaie of the persons, which I haue before rehearsed, guiltie of death: so that the companions also, and they which assi∣sted the raptor, are comprehended in the same punishment. Neither was that thought to be sufficient, but there were other punishments in∣uented more gréeuous than death. For it is de∣créed, that not onlie the iudges and magistrates shall put him to death; but also, if the raptor be taken with the wicked déed dooing, either by the parents, brethren, kinsfolke, tutor, gouernor, lord, patrone, or finallie by him, in whose power she is that is taken awaie, they may kill him, and that without anie punishment. It is also ordeined, that they, which are present with the raptor, and defend him in his dishonest act, may also be slaine without anie danger. * 1.8 He addeth likewise, that violent taking awaie is sometime committed against a mans owne spouse: as if one by violence take awaie hir, whom he hath not yet married. And if a man take awaie an o∣ther mans wife, he dooth not onelie commit a∣dulterie, but also rauine. If the raptor be not slaine (as they saie) in the verie heate of the crime, he ought afterward to be put to death by the iudges or magistrates: and so, * 1.9 that if he ap∣peale vnto a superiour magistrate, he shall not be heard. And that (saith Iustinian) was ordeined by a lawe made by Constantine.

Vndoubtedlie it is gréeuous, not to be heard if thou appeale. And that is héere decréed. So great a matter did the ciuill lawes make of ra∣uine. In frée-maid-seruants & bond-maid-ser∣uants, the punishment is ended with death: but if a frée-woman be taken awaie by violence, the goods of the raptor, and of those which be present with him, doo turne to hir vse that is taken a∣waie. Neither can the raptor giue awaie his goods, or bequeath them by his will, but they fall to hir that is so taken awaie: and that not one∣lie for a time, but also for euer; in such sort, that she may either seb them, alienate them, or giue them for a dowrie. One thing onelie is excepted; to wit, Vnlesse she that is taken awaie, be after∣ward married to the raptor. The goods of the raptor were giuen hir vpon that condition, that she should not marrie him: and the reason of the lawe is added; bicause in our publike weale, we suffer not, that a man should marrie a wife, after the maner of an enimie. For citizens are woont to marrie their wiues, and not to take them vi∣olentlie awaie. But what was doone with them, which although they were not present at such ta∣king awaie; yet were of counsell thereof: or be∣ing witting thereof, vttered it not; or else after∣ward receiued the raptor into their house? Iusti∣nian decréed, that they indéed shuld not loose their goods; but onlie be put to death. Neuertheles, if a bond-man, or bond-woman were taken, either in committing or aiding this crime, it was com∣manded

that they should be burnt with fire.

* 1.10 29 But what if a maid will, by hir owne con∣sent, be taken awaie; yet must no part of the punishment (saith Iustinian) be diminished: it is euen all one, whether the woman will or will not. And the reason is added; Bicause, if the raptor would absteine from the rapt, it is not verie likelie, that anie woman will offer hir selfe, of hir owne accord, to be taken awaie. Wherefore it séemeth probable, that she was woone by flatteries and deceits. Yea and the pa∣rents of the maiden, if they consent to the ta∣king awaie, are commanded to be banished. These things Iustinian decréeth in the Code: who neuerthelesse afterward in the Authentiks (where it is intreated of women taken awaie, which marrie the raptor) was compelled to make the lawe anew; bicause there were some, which cauilled, that if she that was taken awaie did consent to be married, she might possesse the goods of the raptor. For so they interpreted the first lawe, that the goods of the raptor ought to come vnto hir that was taken awaie, if she married him, or if he in his will made hir his heire. But we (saith Iustinian) ment no such thing: for our lawes doo not appoint rewards for a wicked crime. Besides, neither can he make anie will, forsomuch as he is now con∣demned to die. Neither doo anie of our lawes suffer anie such matrimonies to be in force. And if it be no matrimonie, how then can she possesse the goods of the raptor, in the name of the dow∣rie? And so he decréed, that such matrimonies should not be ratified.

What then shall become of the goods of the raptor? If the maid (saith he) haue parents, which haue not therevnto consented, those goods shall come vnto them; but if they haue consented (as I haue alreadie said) they were banished, with∣out anie proprietie of goods or lands. Which kind of punishment was much more gréeuous, than plaine exile. But if the maiden had no pa∣rents, or had those which consented, the goods of the raptor were confiscate to the cōmon treasu∣rie. By these things it appéereth, that in those times rauine was counted detestable. Where∣vnto I will also adde this; If anie daughter had married against the will of hir parents, or otherwise behaued hir selfe wantonlie and vn∣chastlie, it was lawfull for the parents to dishe∣rit hir: as appéereth in the Code De inofficioso te∣stamento, in the lawe Si filiam. This one thing is excepted: If the father knew that the iust time of matrimonie was past, and would not be∣stowe his daughter, then hath he nothing to deale against hir, if she marrie without his knowledge, or against his will; naie rather, he is compelled to giue hir a dowrie, as appéereth in the Code, in the same place, in the lawe Si post viginti quinque annos. Whereby it appéereth, that 25. yéeres was the furthest time that matrimo∣nie should be driuen off. The same is mentioned in the Digests, De ritu nuptiarum, in the lawe Qui liberos. Other lawiers determine the same thing, if a woman take awaie a man by vio∣lence: although they saie that happeneth but sel∣dome.

30 Now must be added the opinion of the Canonists, * 1.11 and what they bring out of the scrip∣tures. In the 36. cause, question the first, Grati∣an bringeth that definition of rapt, which we haue before confuted. But this he addeth: that in rauine, iniurie is sometime doone to the mai∣den, and not to the parents; and sometime to the parents, and not to the maiden: and sometime to them both. For if the maiden will be taken awaie of hir owne frée will, there is no iniurie doone vnto hir, but vnto hir parents: howbeit, if the parents giue the man power to take a∣waie their daughter, bicause she will not con∣sent to marrie him; then there is no iniurie doone vnto them, but vnto the daughter. Yet there is iniurie doone to both of them, when the daughter is led awaie from hir parents a∣gainst their will. And in the same place he brin∣geth the Councell of Orleance, * 1.12 in the chapter De raptoribus, where also he confesseth, that ra∣uine was woont to be punished with death. But it is further said; that If the raptor take the church, he escapeth the punishment of death. How then? If the maiden (saith he) consented vnto the raptor, first she shall be taken from him, and restored to hir parents. Neuerthelesse, she being excused; to wit, a caution being ac∣cepted, let hir not be slaine or disherited: but if she consented not, she is by hir selfe sufficientlie purged: yet shall the raptor be compelled to publike penance; as it appéereth in the 36. cause, question the second, chapter Raptores. * 1.13 But what if he will not doo penance? He shall be excom∣municated, according to the Cabylon and Chal∣cedon Councell.

Notwithstanding, if he doo penance, he shall be punished by the pursse. And herein they saie that they followe the word of God, which is writ∣ten in Deuteronomie the 22. chapter; * 1.14 If a man dishonest a maiden, he shall giue vnto hir father fiftie sickles, and shall take hir to wife. And so they condemne the raptor to paie a certeine summe of monie vnto the parents of the mai∣den: the which summe if he will not paie, or hath not wherewithall, he is driuen to serue the fa∣ther of the maiden for certeine yéeres (which the Glosser contriueth into fiue:) vpon this condi∣tion, that in the meane time he may redéeme himselfe if he will. It is added also; If they con∣sent togither, the matrimonie is firme, so that the father agrée therevnto. And that these matri∣monies

may be firme betwixt the raptor, and hir that is taken awaie. It also appéereth by the Decretals De raptoribus & incendiarijs, in the chapter Cùm causa, and in the chapter following: which without doubt is against the ciuill lawes, and against the Canons of the better sort. But the Councell Meldenum decréed far otherwise: * 1.15 for first, it ordeined, that the raptor, and she that is taken awaie, should doo publike penance; af∣terward it permitteth matrimonie, but yet not betwéene themselues, but with other. And it is added; that If the husband or wife of either of them die, he which hath committed the rauine, or consented vnto the raptor, cannot contract new matrimonie, except the bishop release him. Be∣sides this it is decréed, that by no meanes, anie such matrimonie should be firme, no not al∣though the parents consent therevnto. Yea and the same Gratian confesseth, that the same thing was decréed in the Councell which was held at Aquisgrane; * 1.16 yet afterward, both he himselfe o∣therwise defineth, and also the Decretals of the Popes.

What then make they of those Councels? They answer that those Councels ment this, that it should not be lawfull to contract matrimonie in that case, vnlesse open penance be first doone, and the consent of the parents had. And to prooue that sentence, Gratian in the 36. cause, question 2. chapter Tria, * 1.17 citeth Ierom, who séemeth to ac∣knowledge thrée kinds of matrimonie to be lawfull. One, when a maiden is giuen in matri∣monie to a husband by hir parents, or tutors. An other, if a maiden be oppressed of a man, and hir father afterward consent to giue hir to him in matrimonie. The third is, if the father consent not to such marriages, but giue hir vnto an o∣ther man. These thrée matrimonies he saith are lawfull in the holie scriptures. But in the 27. cause, question 2. chapter Additur, by the te∣stimonie of Ierom, there is added an other law∣full kind of matrimonie; namelie, when a wi∣dowe, which is not vnder the authoritie of the pa∣rents, marrieth in the Lord. Héere Gratian ga∣thereth, that Ierom acknowledgeth matrimo∣nie betwéene the raptor, and hir that is taken a∣waie. But I perceiue, that in the 22. chapter of Exodus, * 1.18 there is nothing intreated of violent taking awaie; onelie mention is made there of whoredome committed, and not of violent ta∣king awaie. For it is said; If he by flatteries shall allure hir to lie with him, then hath he libertie gi∣uen him that he may take hir to his wife, hauing the consent of the parents. But if a man had ta∣ken awaie a maiden, or man-child by violence, then he was iudged by the lawe Plagium, * 1.19 that is, stealing of men: which is in Deuteronomie, and this it testifieth, that Whosoeuer stealeth a woman or man in Israel, should be punished with death. Wherefore there is nothing contai∣ned in the holie scriptures (so farre as I sée) tou∣ching the firmenesse or establishment of such a matrimonie.

31 But héere some man will obiect, * 1.20 that Ia∣cob and his sonnes did consent, that Sichem the sonne of Hemor should haue in matrimonie Dina, Iacobs daughter, being violentlie taken awaie by him, vpon condition, that his subiects would suffer themselues to be circumcised. I grant this: howbeit, that was doone before the lawe of Moses was giuen. Neither doo we read, that the Patriarchs had anie word of God con∣cerning this matter. Neither can it be denied, that before the lawe was published, verie manie things were committed against it. Iacob, * 1.21 of whom we now speake, had at one time two si∣sters in matrimonie. Amram had to wife his aunt, of whom he begat Moses, Aaron, * 1.22 and Ma∣rie. Which matrimonies, after the lawe was gi∣uen, were not lawfull. So as the example, now brought, prooueth nothing. But if raptors should haue anie hope of matrimonie, there would be opened a wide windowe for wild yoong men to take women violentlie awaie: for they will make no doubt to take women awaie violent∣lie, if they shall haue anie hope to marrie hir, whom they haue taken awaie. But all occasions of euill must be remooued out of the Common-weale, and the Church. Moreouer, séeing parents must haue great honour doone vnto them, they should susteine a great reproch, if matrimonies should be contracted betwéene the raptor, and hir that is taken awaie against their will.

This also séemeth to be added, that Lucius the Pope writeth vnto the bishop of Burgis, as ap∣péereth in the Extrauagants De raptoribus & incendiarijs, in the chapter Cùm causa, that he de∣creeth, that If a maiden saie, that before she was taken awaie, there were woords passed betwéen them touching marriage, it cannot properlie be called rauine. What shall then be doone? May she against hir parents will marrie the raptor? In∣nocentius the third, in the chapter following, de∣créeth; If a maiden be taken awaie against hir will, and afterward consent to marrie the rap∣tor, that marriage is also firme, yea although it be against the will of hir parents. And he addeth that this is doone, in the honour of matrimonie; when as indéed it openlie appeareth to the con∣tumelie therof, if a man with déeper iudgement weigh the whole matter. In the 27. cause, questi∣on 2. chapter Raptor, it appeareth; If a maiden that is taken awaie, be betrothed vnto an other by the woords of the future tense, she must be re∣stored vnto him, if he will receiue hir: and if he will not, it is frée for the maiden, which was ta∣ken awaie, to marrie an other. But if she were betrothed by the woords of the present tense,

and that she can prooue, that she was taken a∣waie against hir will: the spouse, if he will not receiue hir, ought to be compelled.

* 1.23 32 The Schoole-diuines write not much dis∣agréeing from this. Thomas in the 22. question toucheth this matter, when he writeth, that vio∣lent taking awaie springeth of a vehement lust; whereby the raptor is so troubled, that he neg∣lecteth all dangers. And he will haue hir that is taken awaie, to be rendered to hir spouse, if she haue anie; and if she haue none, vnto hir pa∣rents; or if she be without parents, to them in whose power she was. And then, if they will agrée, she may marrie the raptor; but yet so, that there be first made a restitution: bicause in all theft and robberie, restitution is chéeflie requi∣red. Yet (saith he) rauine before restitution be made, is a hinderance to the contracting of ma∣trimonie; that is, that they sinne, if they contract matrimonie: neuerthelesse, if it be contracted, it breaketh not the contract. But to the canons, which determine against it, he answereth, that they were made in detestation of the crime: but that the Pope afterward considered the matter better. * 1.24 Howbeit, this was not the part of a god∣lie man, to worship the Pope for God, and so to flatter him like a bondslaue. And to the end he might séeme to speake rightlie, he bringeth the words of Ierom, which are in Gratian, concer∣ning the thrée kinds of matrimonie. But how that place serueth to this matter we haue in hand, I haue shewed before. Lastlie, he obiecteth vnto himselfe the Meldensian Councell. How∣beit, that place (he saith) must be vnderstood, as if a man will take awaie hir that was married vnto another: as though that were obscure or doubtfull. We néed no canons to vnderstand this.

* 1.25 Against Thomas, a certeine Diuine (none of the simpler sort) earnestlie opposeth himselfe in this matter. And where Thomas saith, that the violent taking awaie hindereth not the matri∣monie alreadie contracted; he answereth that manie decrées make against that doctrine. Fur∣ther, he bringeth a reason; namelie, that he, which is excommunicated, cannot receiue the sa∣craments. Then afterward he addeth, that the raptor is excommunicated: wherefore, vnlesse he doo penance, and reconcile himselfe vnto the church, he cannot contract matrimonie. There Caietane would altogither defend his Thomas; * 1.26 and denieth that he, which is excommunicate, can be partaker of the sacraments. Howbeit, this he confesseth: that he, which is excommuni∣cate, sinneth, if he receiue the sacraments. And he saith further; If an excommunicate be ad∣mitted to confirmation, or to holie orders, it can∣not be denied, but that he hath receiued the sa∣craments: neither is it lawfull for him to begin them againe, if he afterward doo penance. Be∣sides he saith, that the Maister of the sentences in the fourth booke, where he reckoneth the impe∣diments, which take awaie matrimonie contrac∣ted, maketh no mention at all of rapt.

Moreouer, he teacheth that the raptor, and she that is taken awaie, are not excommunicated Ipso facto, but are to be excommunicated. But bicause he séeth that it is in the canons of the Councell of Chalcedon and Cabylon; Let the raptor, and hir that is taken awaie, be accurssed: he answereth, that the glosse interpreteth that saieng to be of the same force, as if it had béene said; Let them be accurssed. And againe he an∣swereth to the other two things, touching resti∣tution and penance; and saith, that she, which is taken awaie, ought not to be restored: but it is sufficient, if he satisfie the father by some means, although she be not deliuered into his hands; euen as in theft, it is not alwaies of necessitie, that things taken awaie should be restored, but sometimes it is sufficient, that the wrong be re∣compensed, either by a price, or by a bond. But concerning penance, he saith; The raptor, if he contract without it, he sinneth indéed; but yet af∣ter he hath contracted, the matrimonie is firme. Lastlie he saith, that the canons, which decrée to the contrarie, either be abrogated, or else speake of spouses. After this sort Thomas, Caietanus, the Diuines, Ecclesiastiks, and Canonists tri∣fle among themselues, and plaie the parasites with the Pope their god.

33 Now I will declare what the holie scrip∣tures doo determine hereof, * 1.27 or what they will haue vs to iudge of the same. The first place is out of Genesis, the sixt chapter, where it is writ∣ten; * 1.28 The sonnes of God seeing the daughters of men, that they were faire, tooke them to wiues, such as they liked. I know there are brought sun∣drie expositions of this place. Some interpret The sonnes of God to be angels, which being in∣flamed with the beautie of faire women, had fel∣lowship with them. This exposition cannot a∣grée: for séeing that angels haue no bodies, they cannot burne in such lusts. Others vnderstand by The sonnes of God those, which came of S••h, and were brought vp in the true worshipping of God; who being ouercome with beautie and fairenesse, contracted matrimonie with the daughters of Caine; that is, with idolaters and infidels. Whereby there now remained nothing sound and perfect: and therefore God sending a floud, destroied the whole world. * 1.29 The Chalde in∣terpretor saith, that the children of GOD were mightie men, and magistrates; who when they had taken to wiues the daughters of base men, all things were fraughted with vices. Here doo I sée that rapt was committed, which thing the Chalde paraphrast hath signified, whose autho∣ritie

among the Hebrues is incredible.

And certeinlie, Moses saith not, that they desi∣red these wiues of their parents, but onelie tooke them whom they liked best. By that place may easilie be noted the course, and as it were the degrée of mans wickednesse. For first they sawe, and then they desired, and at the last they violentlie tooke awaie. Neither were they won by their maners, but onelie by the beautie of the bodie: wherefore God punished that sinne by a floud. And although there were manie other sinnes in men, yet this one is expressed with an emphasis. * 1.30 Besides, in the 34. chapter of the same booke, Sichem the sonne of Hemor did violent∣lie take awaie Dina the daughter of Iacob: but what end came of that violent taking awaie, it is not now néedfull to declare. But the cause whie Dina was violentlie taken awaie, was hir curiositie. The maiden would go foorth, and vnderstand the maners of other women. Curio∣sitie was a hurt to hir then, and also will be a hurt alwaies vnto women. * 1.31 For if it were hurt∣full vnto the familie of Iacob, being so great a patriarch, for a maiden to wander abrode; how much more dangerous is it for other families, which are not so holie nor acceptable vnto God? But the nature of women is greatlie infected with this vice. * 1.32 And therefore Paule to Titus ad∣monisheth women to loue their husbands, to bring vp their children, and to be biders at home. * 1.33 And to Timothie, when he intreateth of wanton and yoong widowes; They wander a∣broad (saith he,) and runne from house to house, and at the last go after Sathan.

Yea and these virgins, of whom there is men∣tion made in the 21. chapter of Iudges, * 1.34 when they wandered abroad through the vineyards, and gaue themselues idelie vnto dansings, were intercepted by the Beniamits. Some will saie, * 1.35 that the brethren of Dina oppressed the He∣morhits by guile. It is true indéed, but when they were reprooued of their father, they said; Ought they to haue doone, nebata, that is, a foo∣lish and wicked thing in Israel? And that Dina was taken awaie not willinglie, but against hir will, héereby appeareth: bicause it is written, that Sichem, after he had oppressed hir, spake vn∣to hir hart. Which signifieth no other thing, than that he would by flatterie haue comforted hir. But it may séeme to be a maruell, * 1.36 that these Beniamits were not punished for their rauine. And yet we must consider, that they did not pro∣perlie commit rauine, bicause they led awaie the maidens, not onelie by their owne counsell, but also by the will of the elders. * 1.37 Otherwise, true and proper rauine hath alwaies had an vnluc∣kie end. Io was led awaie by the Phoenicians, Europa by the men of Creta, Medea by Iason, and Helen by Paris. All which violent takings a∣awaie stirred vp discords and wars, and also the ouerthrowes of publike weals and kingdoms. Also the Sabine women, while they would be cu∣rious beholders of publike games, were caught by the Romans. Whereof followed such wars, as both nations were in a maner destroied; * 1.38 as Ti∣tus Liuius, and Augustine De ciuitate Dei, doo write. Séeing then God will not haue such wic∣ked acts vnpunished, it is méet that from hence foorth we auoid such matrimonies. I am not of the mind, to denie that matrimonis, which haue béene hitherto after that sort contracted, are no matrimonies at all. For it is not my meaning to bring a confusion of things. But these two points I affirme; first, that in contracting, there is sinne, especiallie, if it be doone against the will of the parents: further, that those lawes, where∣by such matrimonies are permitted, must be corrected, that héereafter it may not be lawfull to doo the like. For we sée that the order, which God hath set, is peruerted; when as the parents are neglected, by whose counsels matrimonies should be contracted. And by this means yong men are incouraged to violent taking awaie, séeing they hope that they shall marrie the wiues, whom they violentlie take awaie. Be∣sides, that which I speake, is agréeable with the lawes of God, with the lawe of nature, and with the ciuill lawes. Wherefore let the Canonists and Schoole-men take héed, how they iudge the contrarie.

Notes

• * 1.1

  In Iudges. 21. about the end.
• * 1.2

  Wherein rape diffe∣reth from their.
• * 1.3

  What kind of rapt is here intrea∣ted of.
• * 1.4

  Augustine.
• * 1.5

  What is to be doone concerning things found.
• * 1.6

  Against Magike and arts forbidden.
• * 1.7

  Of punish∣ments made a∣gainst rap∣tors.
• * 1.8

  One may commit a rapt a∣gainst his owne spouse
• * 1.9

  From rap∣tors is ta∣ken awaie the libertie of appea∣ling.
• * 1.10

  In rapt the punishment is all one, though the maid con∣sent.
• * 1.11

  The opini∣on of the Canonists.
• * 1.12

  The Coun∣cell of Or∣leance.
• * 1.13

  The Coun∣cell of Chal¦cedon and Cabylon.
• * 1.14

  Deut. 22, 28
• * 1.15

  The Coun∣cell Mel∣denum.
• * 1.16

  The Coun∣cell of A∣quisgrane.
• * 1.17

  Ierom.
• * 1.18

  verse. 26.
• * 1.19

  Exo. 21, 16.
• * 1.20

  Gen. 34, 14. The rap∣ting of Di∣na.
• * 1.21

  Gen. 29.
• * 1.22

  Exod. 6, 20.
• * 1.23

  What the Schoolmen iudge here∣of. Thomas Aquinas.
• * 1.24

  The Pope worshipped as God.
• * 1.25

  One papist against an∣other.
• * 1.26

  Caietane.
• * 1.27

  What the scriptures determine hereof.
• * 1.28

  Gen. 6, 2.
• * 1.29

  The Chal∣de inter∣pretor.
• * 1.30

  Gen. 34, 2.
• * 1.31

  Looke In Gen. 34, at the begin∣ning.
• * 1.32

  Titus. 2, 5.
• * 1.33

  1. Tim. 5, 13.
• * 1.34

  verse. 21,
• * 1.35

  verse. 7.
• * 1.36

  The Ben∣iamits did not proper∣lie commit rapt.
• * 1.37

  What vn∣luckie ends haue come of raptings.
• * 1.38

  Liuie. Augustine.