The Doctrine and Discipline of Divorce/Bk2 Chapter 14
CHAP. XIV.
YET Beza's opinion is that a politick Law, but what politick Law I know not, unlesse one of Matchiavel's, may regulate sin; may beare indeed, I grant, with imperfection for a time, as the Apostles did in ceremoniall things: but as for sinne, the essence of it cannot consist with rule; and if the law fall to regulate sinne, and not to take it utterly away, it necessarily confirms and establishes sinne. To make a regularity of sinne by law, either the law must straiten sinne into no sinne, or sinne must crook the law into no law. The Judiciall law can serve to no other end then to bee the protector and champion of Religion and honest civility, as is set down plainly, Rom. 13. and is but the arm of morall law, which can no more be separate from justice then justice from vertue: their office also in a different manner steers the same cours; the one teaches what is good by precept, the other unteaches what is bad by punishment. But if we give way to politick dispensations of lewd uncleannesse, the first good consequence of such a relaxe will bee the justifying of Papal stews, joyn'd with a toleration of epidemick whordom. Justice must revolt from the end of her authority, and become the patron of that wherof she was created the punisher. The example of usury which is commonly alleg'd, makes against the allegation which it brings, as I touch'd before. Besides that usury, so much as is permitted by the Magistrate and demanded with common equity, is neither against the word of God, nor the rule of charity, as hath been often discus't by men of eminent learning and iudgement. There must be therefore some other example found out to shew us wherein civill policy may with warrant from God settle wickednes by law, and make that lawfull which is lawlesse. Although I doubt not but upon deeper consideration, that which is true in Physick, wil be found as true in politie: that as of bad pulses those that beat most in order, are much worse then those that keep the most inordinat circuit, so of popular vices those that may bee committed legally, wil be more pernicious then those which are left to their own cours at perill, not under a stinted priviledge to sin orderly and regularly, which is an implicit contradiction, but under due and fearlesse execution of punishment.
The political law, since it cannot regulate vice, is to restrain it, by using all means to root it out: but if it suffer the weed to grow up to any pleasurable or contented height upon what pretext soever, it fastens the root, it prunes and dresses vice, as if it were a good plant. Let no man doubt therfore to affirm that it is not so hurtfull or dishonourable to a Common wealth, nor so much to the hardning of hearts, when those worse faults pretended to be fear'd, are committed by who so dares under strict and executed penalty as when those lesse faults tolerated for fear of greater, harden their faces, not their hearts only, under the protection of publick authority. For what lesse indignity were this, then as if Justice her self, the Queen of vertues, descending from her scepter'd royalty, instead of conquering should compound and treat with sin her eternal adversary and rebel, upon ignoble terms. Or as if the judicial Law were like that untrusty steward in the Gospel and instead of calling in the debts of his moral master, should give out subtle and sly acquittances to keep him self from begging. Or let us person him like some wretched itinerary Judge, who to gratifie his delinquents before him, would let them basely break his head, lest they should pull him from the bench, and throw him over the barre. Unlesse we had rather think both moral and judicial full of malice and deadly purpose conspir'd to let the dettor Israelite the seed of Abraham run on upon a banckrout score, flatter'd with insufficient and insnaring discharges, that so he might be halhal'd to a more cruel forfeit for all the indulgent arrears which those judicial acquitments had ingaged him in. No no, this cannot be, that the Law whose integrity and faithfulnesse is next to God, should be either the shamelesse broker of our impurities, or the intended instrument of our destruction. The method of holy correction such as became the Common wealth of Israel, is not to bribe sin with sin, to capitulate and hire out one crime with another: but with more noble and gracefull severity then Popilius the Roman legat us'd with Antiochus, to limit and level out the direct way from vice to vertu, with straitest and exactest lines on either side, not winding, or indenting so much as to the right hand of fair pretences. Violence indeed and insurrection may force the Law to suffer what it cannot mend: but to write a decree in allowance of sin, as soon can the hand of Justice rot off. Let this be ever concluded as a truth that will outlive the faith of those that seek to bear it down.