The second reply of Thomas CartwrightThe second replie of Thomas Cartwright

The exceptions against this doctrine / are off no value. For if this be the truth of God / there can be no prerogative against it: onles he can show / some higher court then heaven / and some chief justice above the Lord, it is not denied / but the punishments by death / wherewith men have established laws / which them selves have for their better commodity devised / may be ether mitigated or taken away / by those to whom it appertained / nether is the magistrate / by any thing I have set down / bound to mitigate the punishment of thieves. for their punishment may grow / by the circumstance of place / as in Scythia / where all things lying open to the spoil / had need to be locked up by a straighter punishment: and some times / by the disposition of the people / lighter handed then others / as if one had to do with the Lacedemoniens / or some other nation / in whom that sin had taken deeper root. And I will not deny▪ but even these crimes of murder / and adultery / may vary by divers circumstances: and therefore it is in the discretion of the magistrate / according to the quantity of the fault / to appoint the manner of death / sharper or softer. But that there is any place / time / or other circumstance / which can lessen these crimes / that they should not be worthy of death: upon the reasons before alleged / I utterly deny.

The exceptions against this doctrine / are off no valwe. For if this be the truth of God / there can be no prerogatiue against yt: onles he can shewe / some higher court then heauen / and some cheif iustice aboue the Lord, yt is not denied / but the punishementes by death / wherewith men haue established lawes / which them selues haue for their better commoditie deuised / may be ether mitigated or taken away / by those to whom it apperteined / nether is the magistrate / by any thing I haue set downe / bound to mitigate the punishement of theeues. for their punishement may growe / by the circumstance of place / as in Scithia / where all thinges lying opē to the spoile / had neede to belocked vp by a streighter punishemēt: and some times / by the disposition of the people / lighter handed then others / as if one had to doo with the Lacedemoniēs / or some other nation / in whom that sinne had taken deeper roote. And I will not denie▪ but euen these crimes of murther / and adulterie / may varie by diuers circumstances: and therefore yt is in the discretiō of the magistrate / according to the quantitie of the fault / to appoint the maner of death / sharper or softer. But that there is any place / time / or other circumstance / which can lessen these crimes / that they should not be worthie of death: vpon the reasons before alledged / I vtterly denie.