Sermons upon Deuteronomy

Now moreover it is said in this place: That the Judges may persuade the man, and if they see him to stand stiff in his opinion, then the woman shall pluck off his shoe from his foot, and spit in his face, as by way of reproach: and she shall say, GOD do so unto all them which will not raise up a stock in Israel. Now here we have farther to note, that God would have the Judges speak unto the man to persuade him as far as they were able. And if the man would not consent unto them, they should content themselves with this kind of punishment. Whereby we see that the Magistrates and other Justicers ought to abstain from using any force and violence in that thing which they cannot simply command. As for example: if there be a thing which is good, and yet there is no law for it: and I being of power and authority would constrain a man to do what I think good; were there any reason in it? For the law constraineth him not to do it, and I ought not to pass those bounds. Let us therefore note well, that such as are armed with the sword, must contain themselves within their bounds: and not challenge to themselves any Lawless liberty to say: What? I command nothing but that which is good, and therefore ye must do it. No: For there is no constraining, where there is no Law. When there is a Law a man must hold himself to the rule thereof: but yet in the end the point that must be come unto, is to presume to bring men into no further subjection than the Law bindeth them unto. Ye see then what we are farther to bear in mind upon this place.

Nowe moreouer it is sayd in this place: That the Iudges may perswade the man, and if they see him to stande stiffe in his opinion, then the woman shall plucke off his shoe from his foote, and spitte in his face, as by waye of reproche: and shee shall say, GOD doe so vnto all them which will not raise vp a stocke in Israel. Nowe heere wee haue farther to note, that God would haue the Iudges speake vnto the man to perswade him as farre as they were able. And if the man woulde not consent vnto them, they should content themselues with this kinde of punishment. Whereby wee see that the Magistrates and other Iusticers ought to abstaine from vsing any force and violence in that thing which they cannot simply commaund. As for example: if there bee a thing which is good, and yet there is no lawe for it: and I being of power and authoritie would constraine a man to doe what I thinke good; were there any reason in it? For the law constrayneth him not to doe it, and I ought not to passe those boundes. Let vs therefore note wel, that such as are armed with the sword, must contayne themselues within their bounds: and not challenge to themselues any Lawelesse libertie to say: What? I commaunde nothing but that which is good, and therefore yee must doe it. No: For there is no constrainyng, where there is no Lawe. When there is a Lawe a man must holde himselfe to the rule thereof: but yet in the ende the poynt that must bee come vnto, is to presume to bring men into no further subiection than the Lawe byndeth them vnto. Ye see then what wee are farther to beare in minde vpon this place.