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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00327	The censure and iudgement of the famous clark Erasmus of Roterodam: whyther dyuorsemente betwene man and wyfe stondeth with the lawe of God With diuers causes wherfore it is permitted, with the mynde of the olde doctours, wrytten by the said Erasmus in the booke of his Annotations, vpon these wordes of Paule. i. cor, vii. She is delyuered fro[m] the bond of the lawe, let her marry to whom she wyll, translated by Nycolas Lesse.; Annotationes in Novum Testamentum. English. Selections	Erasmus, Desiderius, d. 1536.; Lesse, Nicholas.	1550 (1550)	STC 10450; ESTC S105526	46,826	162

that same doth god verye well separate and vndo by hys mynysters But here they doo make an other obiection and saye The churche dooethe allowe dyuorsemente and separatyon of man and wyfe to be made so farre that after the separation neyther party dooth marrye agayne I praye the tell mee doothe CHRISTE soo meane in thys kynde of dyuorsemente The questyon was put to hym of the Iewes and he made the aunswere agayne vnto the Iewes But the Iewes knew none other kynde of dyuorsement but that whiche dydde barre them from takynge that woman agayn whom they hadde put awaye and gaue them libertye to marrye another For that the women of the Iews myght marrye agayne w tanother man after they were putte from ther hosbonds it is easly ynough to be prouid by that the preste is forbyd in the law to take that wo man to wyfe whiche is dyuorsed from her hosbonde whiche lawe sholde haue stond then in none effect if the woman which was put awaye myght not marry agayn For the instrument of diuorsmēte was gyuen then for that porpose entent that the man myght not by any lawe haue tytul to clayme to take her agayn whome he had putt awaye that the second contract of the woman with an other hosbond myght be fyrme and stable And so is y e mynd of Chrysostom whych lyketh me better thā that whyche S. Augustyn dothe w●…yght ▪ in his xix boke and fyue and twenty chapter whiche he wrote againste Faustus But i●… Christe dyd speke of the right dyvorsment from whense then is comme thys newe kynde of dyuorse whiche is rather a name of dyuorse than a dyuorse in dede But if we shold graunt that Chri ste spake of thys diuorsment that we do obserue and vse forsomiche as he dyd permytte but only one cause of seperatiō wherfore doth Augustine make other causes y e is to wyt ydolatry and heresy beinge led therto by no●…e other reason but bycause theese crymes are as it were a certayne fornication But after that reason euery greuous offence which doth separate the soule from god maye be called a kynd of fornication Wherfore do our lawes putte so many casses that almoste thei can not be nomberyd wherin they do permyt dyuorse Hyerom doothe pronounce that a man maye pute a waye his wyfe frely if he doothe suspect her to be a whoat as these his wordes do testefye which are wher soeuer sayth he is found for nycatto●… or the suspycyon therof a man maye frely put awaye hys wyfe But if we maye lawfully by ani means make any maner of alteration or change in the commaundemēts of god wherfore do we not seke som remedy for those whiche are til copeled togyther doo lyue in peryll of bothe there helthes If we mai not how durst these doctors be so bould of won cause of seperation make so many The lawes which they call the cā●…on laws do gyue lycence to that man or y ● womā which is torned from infidelite to 〈◊〉 law of Christ to mary another if y ● hosbond or y ● wife wyl not forsake ther infydelite blasphemye of god Chryste dyd permyt no cause of marienge agayne but onlye fornycation And yet in thys casse we wyll graūt that which we ar afrayd to doo in y ● other If a woman be dy uorsed from her hosbond bycause the disposition of his body is fich that he is not apt for mariage she may mary agayn but if her hosbond were a parycyd from whom she is dyuorsed she may not mary agayn In ther laws if a woman dyd mary a bondman or a slaue whome she beleued to be a fre mā the contracte of the matrymonye althoughe it be consummate is therby dyssolued and fordone whyche is not so if she were deceaued in thee qualyte of the person as thoughe it were a greatar matter and more vntollerable to be maryed to hym whiche is a bondmā thā to hym whiche is a socerar a man quellar or a parycyd That poynt which is of lesse weight is not exactyd and that which is more greuos is stre●… ghtli required Som mansperaduentur wyll saye vnto me that in thys casse whiche is of the bond man and fre woman matrymoni is not dyssolued but declared only that it was no trew matrimoni whyche apeared so to be at y ● first I do here him wel ynoughe what he seythe ▪ but I do aske him thys question agayn by what authori te theye doo pronounce that this cause is suffyciente to vndo that matrimony whiche was so thought to be and other causes which ar as great and greatar thā that to be vnsuffycyent Or els wherfore do they not make the same ex cuse to helpe them whych are vngodly ioyned togyther and to pro nownce that it was no righte ma trymony whiche was contractyd by dronkennys crafty counsell of baudes betwen yong laddes wenchys without the consente of there parents vnder whose custo dye thei are But nowe lette vs dyscusse and examyne the causes and consyderatiōs which did put the olde fathers in mynde that thei thought it good that neyther party sholde mary agayne after dyuorse yea though the dyuorse was made for the crym of fornica tion Hyerom sheweth thys cause saying least if he dooeth marrye an other he shold seme to put away his firste wyfe not offended with any enormytes of his wyfe but bycause he wold mari a more bewtyfull woman than his wife is These following are hys wor des And bycause saythe he it myght chaūse that som mā wolde fynde falte and accuse his wyfe sclanderosly whiche in dede is an honest woman and so to the ende that he myght mary another wife wold ley som greuos cryme to her charge the man is so commanded to forsake hys fyrste wyfe y ● he shall not be sufferyd to mary another so longe as hys fyrste wyfe doth lyue Which words do sygni fye asmych as if thou doest put a way thy wyfe not for y ● dyspleasur y ● dost bear to any synful act of the flesh but for som iniury whiche y ● hast receiued bi her for what caus sythe y ● y ● hast found thi fyrst maryage so vnlokkey contrary to thy mynde doest thou put thi selfe in daūger to suffer the lyk if thou doest mary again Lykwise for so myche as it myghte so chanse that the womā accordyng to that same lawe myghte sew a dyuorse from her hosbond the selfe same order is taken for her that she shal not mary again if she be wons deuor sed And agayne bycause the woman whyche hathe pleyd the harlot and adultros person dyd not fear the great opprobry shame which sholde folow that shamful act therfore the man whyche doth mary her bryng dyuorsed is war ned that if he doth mary sych a wo man that he shall lyue wyth here in the synne of adulterye and so to be an adulterar Thus far ar

wyfe that is to saye after the spiritual vnderstondynge the fyrste Synagoge to geeue example that he woulde do accordyng as the scriptur teacheth which saith whom God hath ioyned together let no man separate but when his wife is an aduouterous woman beynge corrupted of the aduouterouse ennemye by whose counsell she soughte the death of her husbande c. And a lyttell after he sayth And Christe for the church sake didde leaue and go from his father with whome he was what tyme he was in the forme of god and from his mother also c. Hitherto are the wordes of Orygen Thou heareste in this place gentyll reader of a diuorsement and after the dyuorsemente of a newe spouse whereby it is manyfeste and open that Orygen was of thys mynde playnelye that after a man hath put awaye his wyfe for whoredome he may marrye another wyfe But where as he sayethe that the bysshopps dydde agaynste the doctryne of the gospel whiche permytted and gaue lycence for maryage after dyuorsemente he dooth meane of those men whiche dydde putte a waye theyr wyues for other causes as the Iewes dydde And in the lyke manner thou muste vnderstande that whiche he wryteth where he saythe these wordes After the selfe same reason as the woman is an aduoutrous person although she semeth to marry lefully during the lyfe of her husbande euen so the man although he semeth lawfullye to take that woman to wife which is so diuorsed from her husbande yet dot●… he not lawfully take her accordīg to the mind of Christ but he doth commit the greater aduoutrye as one which doth take another mās wyfe H●…e Origen speaketh of those which domake diuorsementes for other causes which Christ dyd not except or for lyghte causes And yet those matrimonis by mans law were not punished yea they were taken as good and law full But Origens reasoninge is whether suche matrimonies be lawfull after the words of Christ or no namely where as great offences did make the separation be twene the man and wife as for attemptynge to poyson her husbād or to do murther and saith Thou shalt examyn whither he hathe a iuste excuse before god or naye And yet the sayth that who so putteth his wife away doth geue occasion of adultery whiche peraduenture with god shall be imputed to the wyfe and not to the hus bande whiche dyd put her away Tertulian doth apeare not to be muche of a contrary mynd to Origen in his fourth boke whiche he wrote against Marcio expoun dinge these words of Christ after this wyse saying If a man dothe put away his wyfe and maryethe an other as though he wolde say who so putteth away his wife for thys porpose that he myghte mary an other he can not iustly putt her awaye for he doth put here from hym not vpon a iuste cause but he maketh on quarell or other he careth not what so that he ma●… sem●… and apere to putt h●… away iustely whome he doth hate and abhor For the matrymony or ma riage whyche is not iustly dessolued standeth in effect styll that standyng styl in effect whiche is contynnyng the matrymony to mary to an other is whordom And so if Chryste vnder a conditi on dyd forbyd a man to put awai his wyfe then dydde he not vtter lye forbydde hym And that thynge whiche he hathe not wholye forbydden he hath whollye permytted The selfe same doctor with in fewe wordes after sayd so the law of dyuorsment hath Chryst for the menteinar defendar therof Thou wylt saye peraduenture that Tertulian is not to be admytted forsomych as he went awaye from the churche Howso euer he dyd yet in thys matter he was not reprehended of the godly lerned men whyche he sholde haue byn if thys opinion had byn contrary to the mynde and iudgement of them that were in the treuth Of the same mynde also was on Polentius a man as it apeareth of great grauite and of no lesse lerning against whom saynte Augustine wrote ii bokes not in thys case as thoughe he hadde byn one of the great hedds and masters of heretiques but as one whych had bī in contentiō w t him whose sentēce mīd iugmēt he doth so refel and improue that yet for that opinion he doth laye no pointe of heresy to his charge S. Ambrose also whiche was a mā praised without al doubt not onely for his sound docryne but also for his godly lyuynge sayth that it is lawfull for a man to ma ry another wyfe after he hath put awaye his firste wyfe for whoredome And truly ther is nodoubt but that this byshop did practyse that thing in his flock whiche he wrote to be iuste and according to the lawe For in thexposition whi che he made vpon the seuenth ch of the first epistle to the Corinthi ans he sayde after this wyse and that the man do not put away his wyfe you must vnderstand saith he except it be for the cryme of for nication And therfore sayth he the Apostel speakyng of the man dyd not put therto yf he doth put her awaye let hym continue syngell as he dyd when he spake of the woman bycause it is lawfull for a man to mary another wyfe yf his wyfe be a whoore which he hath put awaye for he is not in so streight bondage of the lawe as y ● woman For the hed of the womā is the man And the selfe same doctor sayde a lytle before If she cā not lyue chaste sayth he because she wyl not stryue against y e flesh lette her be reconcyled to her husbande For there is no such leaue gyuen to the woman that she mai mary againe although she dooth put away her husbande for that he hath playde the whoremonger or hath forsaken his faith or vnlawfullye hath desired the vse of hys wyfe The reasō wherof is bi cause the inferior hath not that same prerogatiue in the law ouer the hedde whyche the superior hed hath ouer the inferior that if the man doth forsake the fayth or wold contrary to godlynes peruerte the lawfull vse of his wyfe yet can she nether marrye to anye other nor yet returne to him agayne In this place where he saith that the inferyoure hath not that same priuylege that the superyour hath he semeth although he sayeth not so openlye to geue leue to the man to mary another wyfe But within fewe wordes after he permytteth the wyfe alsoo to take another housbande althoughe her fyrste husband be alyue For in his exposytyon vppon these wordes of Paule for a brother or a sister is not bounde in suche case that is to saye saith he they ought not to receaue any ho not by matrymony whiche do disdayn hate the author maker of matrimony For it is no good or fyrme matrimony which is with oute the loue of god by the whiche reason the woman whiche is putte away bycause she doth

y ● words of Hyerom But let vs a lyghtel whyl now not loke of how greate aucthoritie this writter is of but let the redar weye and consyder the matter with me whi ther thys be suffyclēt causes wher fore the innocēt man her hosbond whiche hath not offendid shold be bound to a wicked woman so that he shold liue alone withoute frut of his body and burning in the luste of the flesh leste I say he shold be takē for a mā of small wysdome whiche wolde agayne take vpon hym that thinge whi che at the fyrste did not go well with him as thoughe it were a shame for that man to go agayne to the sea whiche had ons byn in foul storms and tempests of wether or for him which beinge ons deceaued in chosinge of a frende wolde seke him an other whome he myght find trew and faythful or that he shold be taken for an yl lyuer and a couetous person whiche wolde be contente to chaunge not his wyfe but the fauor dowry of his wyfe if it might be brought to pas I pray y ● t●…l me what so euer they be whiche do suspecte any suche thinge after the byshop hath don with th●… matter and the dyuors iustlye confyrmed by the aucthoritie of good and lawfull iudges ar thei to be thought good and honest or noughty and wycked persons which so do Doubtles thei are wycked creaturs and no good men But do we thynk it to be according to right and conscyence that for a fewe of wicked and euyll thynkynge persons the husbande whiche hath not offended or the wyf which is an honeste woman sholde be dryuen to syche a myserable state of lyuyng agaynste hys or here wyll The lyke causes Saynt Augustyn doth al ledge in hys boke which he wrot to Pollentius layinge leste thee woman for the hatred she doothe bear to her fyrste hosbond sholde seme to set more by an oth●…r man and so sholde apere not to be so myche offended with the falts of her first hosbādas she was gredy and desyros to haue a newe wh●…r he spake somwhat iestinglye and denied that for the complaynte quarells of the vngodly the gho pell which is the euangil of god shold in ani wise be peruertid But treuly the ghospel doth not prohibit the to mary agayn after thou haste put away thy wife iustly lawfully As toching y ● wor des of Paul we wil speke of them more hereafter And forsomyche as nether Chryste nor Paule do not requyre nor wyll that he shal lyue continent and chaste whyche can not for what cause sholde they be sayde to be noughtye persons whyche nether can do it nor yet haue bounde them by any vowe therto Thys is the fault of the body not of the mynde And wher fore is he compelled to suffer ponyshment which hath committed none offence Yea and is in gret dysquyetnes and affliction al redy But now where as theye doo make it a sacrement wherby they wyl haue y ● no matrymony which is wonse contracted shall be at ani tyme dissolued let vs se what māner a won it is Neither this same Augustyne whiche ascribeth thre vertues vnto matrimonye when he doth call it the thyrde sacrament thinketh that it is won of the seuen sacraments whiche thinge Petrus Lombardus doth seme to note in the. xxxi dystynction yea I can not promysse you for a certaynte that this whiche is nowe the seuenth sacrament was so taken amonge the oulde fathers Fyrste because when Dionyse dyd teken vp all the sacraments by their pro per names seuerally shewyng the vertue and strenght with the ryts and ceremonies of euerye won of them he doth not amonge all the sacraments speake wone word of matrymony But where as some do saye that it is comprehended vnder the sacramente of orders that is no more but to shewe that thou haste some thing to say whē thou woldest apere to haue some answer to make thoughe it were neuer so slender as though the li●… ceremonys were obserued in ioyning the mā and woman togither in wedlok as ar when the byshop dothe make a prest or a minyster Truly sythe that Paul dyd speak so myche of matrymony as he dyd he shold haue wrytten two words more than he dyd gyuinge it some name or other wherby we myghte haue knowen what sacremente it were Secondly by cause y ● Greks and the laten haue wrytten so many volums wherin they do treat of the state of matrimony and not won place can be founde wherin they may apere to be of y ● mynd that it sholde be counted amonge the seuen sacraments and specially ▪ forasmuch as saynt Augustine whiche is an earnest fauorer and defender of matrimony doth rehearse and in●…ulke into our headdes all the vertues and godly cōmodities which at in matrimony not wonse namynge it to be wone of the seuen sacraments Yea Iouiniam whiche dyd so earnestlye fauor the state of matrimoni that for that cause he was iudged an heretique when he had turned ouer all the byble bothe the owlde testamente and the newe making euery place therof where he could haue any●… howld●… to serue for the 〈◊〉 of matrymonye wold not hau●… omytted so substancyall a thynge as thys and so stronge an argumente as thys woulde haue bene for his defence ▪ bu●… woulde haue beaten it into theyr eares sayinge yea and crieng out after this wyse Matrimonye is wone of the seuen Sacramentes of the church Uyrgynyte is not Neyther doo I thynke that S. Hierome woulde haue stomacked the matter so muche agaynst those whyche woulde marry anye oftener than wonse yf it hadde byn knowen that wedlocke had byn wone of the seuen sacramentes But for what pourpose doo I speake all these wordes sythe that Durandus dooethe confesse that theye whyche weare the latter wryttars vppon dyuynytye weare the fyrste whyche in theyr writings dyd begyn to name matrimonye for to be amonge those which properlye are called the sacramentes of the chur che But where as the oulde wryters folowynge Daule do otherwhyle call matrimony a sacramēt I do thynke them to be of y ● mind that in the copelynge together of man and wife because it is a most sure and fast bonde of amyte and frendshyp is represented vnto vs a certayne fygure and ymage of Christ ioynynge his spouse vnto hymselfe whiche is the church And truelye matrimonye beynge well kept is a very godly and an holy thyng Yea and also that the whyche of it selfe is not holy may be a type and a fygur of an holye thynge as was Bethsabe the wyf of Uria taken from hym and ioyned to Dauyd as was the aduou try of Oseas the prophet the fable also of Sampson and Dalila as Hierom doth manifestly affirme And againe it is not requisit and necessarye that the fygure shulde be in all pointes lyke vnto the thinge figured For otherwyse should it be no sacramente when a man