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Now follows the ministers answers. And first Mr. Reynors.
Qest: What sod[o]miticall acts are to be punished with death, and. what very facte (ipso facto) is worthy of death, or, if the fact it selfe be not capitall, what circomstances concurring may make it capitall?
Ans: In the judiciall law (the moralitie wherof concerneth us) it is manyfest that carnall knowledg of man, or lying with man, as with woman, cum penetratione corporis, was sodomie, to be punished with death; what els can be understood by Levit: 18. 22. and 20. 13. and Gen: 19. 5? zly. It seems allso that this foule sine might be capitall, though ther was not penitratio corporis, but only contactus et fricatio usque ad effusionem seminis, for these reasons: (245) 1. Because it was sin to be punished with death, Levit. 20. 13. in the man who was lyen withall, as well as in him that lyeth with him; now his sin is not mitigated wher ther is not penitration, nor augmented wher it is, wheras its charged upon the women, that they were guilty of this unnaturall sine, as well as men, Rom. I. 26. 27. the same thing doth
2. because of that proportion betwexte this sin and beastialitie, wherin if a woman did stand before, or aproach to, a beast, for that end, to lye downe therto, (whether penetration was or not,) it was capitall, Levit: 18. 23. and 20. 16.
3ly. Because something els might be equivalent to penetration wher it had not been, viz. the fore mentioned acts with frequencie and long continuance with a high hand, utterly extinguishing all light of nature; besides, full intention and bould attempting of the foulest acts may seeme to have been capitall here, as well as coming presumtuously to slay with guile was capitall. Exod: 21. 14.
1 Modern criticism has determined five distinct periods in the history of Israel's legal system : (1) as a desert or nomadic people; (2) as an agricultural people influenced by the Canaanites whom they conquered and absorbed ; (3] as one led by the prophets through a period of intense political and religious activity ; [4) as one in exile under the spell of Babylonian and Persian religions; and finally, (5) in post-exilic days, as one under oral law. Each situation required and developed a form of laws, and the various forms may be identified by the scope of the injunctions and the language in which they are expressed. The earliest laws were the ten commandments, regarded as of divine origin; and each subsequent code, introduced by
Yet it is not so manyfest that the same acts were to be punished with death in some other sines of uncleannes, which yet by the law of God were capitall crimes; besides other reasons, (1.) because sodomie, and also bestialitie, is more against the light of nature then some other capitall crimes of unclainnes, which reason is to be attended unto, as that which most of all made this sin capitall; (2.) because it might be commited with more secrecie and less suspition, and therfore needed the more to be restrained and suppresed by the law; (3ly) because ther was not the like reason and degree of sinning against family and posteritie in this sin as in some other capitall sines of uncleannes.
2. Quest: How farr a magistrate may extracte a confession from a delinquente, to acuse him selfe of a capitall crime, seeing Nemo tenetur prodere seipsum.
Ans: A majestrate cannot without sin neglecte diligente inquis[it]ion into the cause brought before him. Job 29. 16.1 Pro: 24. 11. 12. and 25. 2.2 (2ly.) If it be manifest that a capitall crime is committed,
the priests, was clothed with the same authority or claim of origin. As the simple injunction passed into the elaborately complicated ceremonial, the priests asserted that they were applying the Mosaic laws, and thus the later laws came to be associated with the initial revelation at Sinai. “Through all the laws, early and late alike, the same God was making known his will to men.” The accepted descriptions of these various systems are: 1. The primitive codes, or oral laws and custom; 2. the Deuteronomic codes, the beginning of written law; 3. the Holiness code, prepared in captivity in Babylonia; and 4. the Priestly code, which placed emphasis upon the ceremonial, the rigorous ritualism of the scribes and Pharisees. From the stone tablets to the priestly codes, or from 1100 B.C. to the birth of Christ, the Hebrews modified and expanded their laws to meet the conditions of their remarkable career in history. By the side of ceremonial injunctions grew a mass of judgments or case law, plastic and intended for the guidance of judges as well as of people. Kent, Israel's Laws and Legal Precedents. To the magistrates and elders of the New England plantations Bible law was of divine origin, and possessed universal merit, without respect to time or place.
1 “I was a father vnto the poore, and when I knew not the cause, I sought it out diligently."
: “Deliver them that are drawen to death, and wilt thou not preserve them that are led to be slaine?
“If thou say, Behold, we knew not of it; he that pondereth the heart, doeth not
and the comone reporte, or probabilitie, suspition, or some complainte, (or the like,) be of this or that person, a magistrate ought to require, and by all due means to procure from the person (so farr allready bewrayed) a naked confession of the fact, as apears by that which is morall and of perpetuall equitie, both in the case of uncertaine murder, Deut:21. 1.94 and slander, Deut: 22. 13. 21;? for though nemo tenetur prodere seipsum, yet by that which may be known to the magistrate by the forenamed means, he is bound thus to doe, or els he may betray his countrie and people to the heavie displeasure of God, Levit: 18. 24. 25. Jos: 22. 18. Psa: 106. 30;8 shuch as are innocente to the sinfull, base, cruell lusts of the profane, and shuch as are delinquents, and others with them, into the hands of the stronger temptations, and more bouldness, and hardnes of harte, to commite more and worse villany, besides all the guilt and hurt he will bring upon him selfe. (3ly.) To inflicte some punishmente meerly for this reason, to extracte a conffession of a capitall crime, is contrary to the nature of vindictive justice, which always hath respecte to a known crime commitited by the person punished; and it will therfore, for any thing which can before be knowne, be the provocking and forcing of wrath, hce vnderstand it? and he that keepeth thy soule, knoweth he it not? will he not also recompense every man according to his works? ...
“The glory of God is to conceale a thing secret; but the Kings honour is to search out a thing."
1 “If one bee found slaine in the land, which the Lord thy God giveth thee to possesse it, lying in the field, and it is not knowen who hath slain him ...
“So shalt thou take away the cry of innocent blood from thee, when thou shalt doe that which is right in the eyes of the Lord.”
? As in the reference in Note 1 Reyner probably intended to include the series of verses, 1-9 and 13–21.
3 "24. Ye shall not defile your selves in any of these things: for in all these the Nations are defiled which I will cast out before you.
“25. And the land is defiled; therefore I will visite the wickednesse thereof upon it, and the land shall vomit out her inhabitants."
“18. Yee also are turned away this day from the Lord: and seeing ye rebel to day against the Lord, even to morrow he will be wroth with all the Congregation of Israel.”
"30. But Phinehas stoode up and executed judgement, and the plague was stayed.”