of vs that we should lyue as vir gens leste he shoulde apere to go agaynst the law of nature althou ghe he dothe pronounce them to be blessed whyche canne take it But to those wordes he doth add thus miche more sayinge for the kyngdome of heauen And the kyngdom of heaue he calleth the preching of the gospel that thys saying shold moste apear to serue for that tyme. For ther is a tyme to marry and a tyme to abstayne from mariage Doost thou thinke then that it stondeth w t equite iustice that a man sholde be compelled to lyue with a wyfe whiche is kiuered all togither with myscheuos shamful dedes wherof he gaue none occasion nor yet can bryng her by any means frō here lewdnes with whome for to lyue weras bad as to be slain better to be dead Or doest thou think it good right reason that if thys man do departe hym selfe from her that he shold be dryuē to lead al the days of his lyfe after without a wyfe al a lone as a mā that were no ma◅ Let it stond wel w t right reason that y e parti which was occasion of the diuorsment seperation shal haue no more lyberty for to marry but wherfore shold he be ponyshed which hath not deserued except ye wolde say that he is worthy to be ponyshed bycause he was so vnluckey to marry so vngracious a wyfe But I praye you what man did euer se that a man was ponyshed for his mysfortune if ther was none other falt in him than that special ly by the law of god What other thing is this but to heape on afflyction vpon an other and to make hym which is miserable to be more miserable whome oure parte were to helpe For wher as childrē vnlawfully begotten whō we do cal bastardsar debarred frō comming to certayn promotions other proffets first thou shalte vnderstond that it is by mās law not by the lawe of the ghospel Secondly that it was thoughte good to the magistrates so to po nyshe the vnchaste lyfe of ther parents And fynally they ar not so excluded but y ◠they maye otherwyse helpe themselues by theyr v◅rtuose and good actes althoughe theyr fortune in that case be againste them How be it it is not al won nor a lyke thyng to be barred from receauing or comming to dignite and to be a whole lyfe tyme in continual tormentes and in so many dangers and perylls wher the man deseruith no syche thing And if y t that mā doth make his wyf to be a whoar which doth put her awaye without a lawful cause dothe not he then as well make here to be a whoar whiche doth prohibyt her being vniustly put a way to mary when she is of that manner of nature and disposytion of the body that we sholde do her wronge to commaund here to lyue chast But as toching that they do ley against vs thexample of monkes noonse which haue no wronge done vnto them forsomyche as wyllyngly without ani compulsiō of them selfe ther toke so streyght a vowe vpon them as they could not vndo afterwarde I myght peraduentur answer y e thexample of a thing which is in contention and in controuer◅ye in doubt as this is whyther thee vowe of monkes and nons be abrogable or nay cann not resolue the doubt of an other thyng which is in lyke controuersy as thys our matter is And yet for al that if we wyl beleue some lawyars y e byshop of rome maye make of a monke no moonke And as tochīg that whiche they doo alleadge spe king of a soleme and a pryuate vowe I canne not se any substan cial reason wheron it is grounded But if this ther reason theye tooke it vpon them willingly by there owne myndes were of so great force that the thinge whiche theye ons doo shold neuer be vndone but be perpetualle it dothe follow that al maner of contracts and bargayns which ar made betwen man and man by ther owne fre wyls and voluntary consents shold neuer be vndon but alway stond and be perpetual which for al that we do se by experience for newe considerations and causes whiche do often tyme ryse come betwene ar by the equyte of y e law quyghte dyssoluyd and made voyde But somme man here ◅peraduenture wyll saye vnto me that in matrymony a lawe is openlye prescribed and knowen that after it is wonse contrac ted yt canne not be dyssolued of the whiche thinge those which do marry ar not ignorant and yet wyllyngly they do put ther owne necks in the halter where thei ned not But truly that thing whiche is oure matter wherof we do rea son is whyther the rigor of this lawe maye any thinge be mitigated and losed any maner of ways forsomyche as often tymes syche causes do com betwē that it shold apere a cruel thynge not to helpe the party which is in danger But if thys lawe doth seme to be som thinge repognane to the equyte of nature we muste se then why ther that whiche is wrytten as concerning thys law by the Euangelystes and apostells in ther wrytynges maye receaue any◅ interpretation or meaning than that which is according to the open wordes of the lawe And I wolde that it shoulde be lawfull for vs to do in this casse as we are bould to do in other places of the scripturs And lykwyse I wolde that we shold dyscuse and examin what tyme to whome for what occasion it was spoken and peraduentur we shal fynde oute the right vnderstondig therof Now let euery man be content and not tale streyghtwaye into a rage and cry out vpon heauen and yearth and saye Thys man doth goo about to breake the decrese of the church For thervnto I do answere that I do go about no syche thing as I haue protestyd befor but only by the waye of dysputati on to reason the matter Then let vs se for what purpos the church hath allowed thys For it hath or deyned som thyngs not to stonde in effect and to be obseiued for euer but for a tyme only Second ly if the churche if we maye so cal it or ells the byshop of rome hath at no tyme alteryd and changed any of his decrese and ordinances nether wyl I require that any thynge shal be in this casse changed and alteryd otherwyse than it was fyrst ordeyned But if so bee we doo fynde that the churche or the byshop of rome hath made at any tyme any change or alteratiō in thynges whiche are of greater weyght but not so mich perteinig to the helth of me n as this is for what cause shold we be a feared to do the lyke and that specyally when we maye therby ease and helpe the paynefull greifes of soo many men Our maister Chryste is content for won pore shepe whi che is loste to seeke aboute euerye where that he myght
fynd it owt so found bryng it home agayn vpon his own shoulders shuld we be loth to seke and to proue yf we myght fynde remedy and help for so many as do peryshe daylye sythe that Christ is aucthor of all helth and mans lawes shuld non otherwyse preuayle be of strenght but so faire as they doo conduce and ar profitable for the preseruation of man Finally forsomuche as there ar certayne greate maisters in deuinite which do gra unt geue to the byshop of Rome so large auctorite and power that it lyethe in hym to abrogate and vndoe any thynge whiche the Apostles yea Peter him selfe haue hath ordeyned and forsomoche as there be some doctours whiche make a question and a dout of it whyther he may ordeyn and decre any thynge agaynste the doctryne of the gospell not altogether deni enge but that he maye after a certayne fashion do it although not cleane disanullynge the doctryne therof that is to say either by interpretation or elles by restraynynge or enlargynge of his wordes as Daule dyd when he sayde I not the lord by permission not of commaundemente doo c. for what cause do they more bind him in this case that he cannot do the lyke as he may in other thinges which are more great wherin he is permitted to do what he wyll Forsoth as concernyng matrimony Ihon Andrea which is a gret author amonge the lawyers affirmeth that the bysshop of Rome may decre and ordeyn that by the seconde contracte of matrimonye the first maye be made voyde soo farre as the first was not consum mate lykewise as it is vndone made voyde by entering into religion And of this mans mynde is Panormitanus asye rede in their commentaries wrytten vpon the chapter Quoduotis in the tytell Deuoto uoti redemptione In the syxt boke and in the chapter Expublico in the title Deconuersi one coniugatorum In the actes of the apostles we do reede that in a certayne solemne counsell it was decreed and published that as ma ny as were admitted from the infi delitie of the heathen into the christian flocke should absteyne from meates offred vp to ydols frome strangled beastes from blode and from whoredom This can not be called a conciliable or pryuate con gregation where so great a noÌ„ber was neither can it be called a couÌ„sell without a heade where Deter hym selfe was presente And yet that whiche was at y t tyme decreed is gon so farre so longe time owt of vse that now who y t wolde abhorre to eate of a strangled hen or of podynges which ar made of bloude men woulde take hym to be a ryght Iewe. And yet do not I blemysh the auctoritie of the Apostels but onely I do excuse the thynge done by them at that coun sell to be ordeyned for a tyme for the pacifienge of the myndes of the Iewes The Apostle Paul for byddeth that a nouyce in the faith whiche is newe come therto or els a feyghter or a dronkatde should be made a bishop But at this dat we dose that the byshop of Rome doth make a chylde a byshop whi che was borne but yesterday yea and yt it pleaseth hym of a pirate and a thefe which robbeth vppon the sea he wyll make a byshop also beyng nothyng a feard of Dau les constitution Furthermore it was longe or the churche dyd determyne that transubstantiation was in the bread of the aulter For it was sufficient many yeares yt a man did but beleue that the bodye of Christ was vnder the consecrated breade wone way or other soo that they beleued that he was there But afterwarde vpon a far ther respecte they determyned otherwyse thereof The tyme harhe byn when they wexe not taken for heretiques which beleued that the holy ghost dyd procede only from the father and I am not certayne whither the moost part of the chri stians dyd in the prymytyue churche so beleue But when they had wayed the matter well the church dyd defyne that waye whiche we nowe do followe The lyke thing was aboute the conception of the blessed vyrgyn But whyther the churche dyd at the fyrst determyne and iudge that man whych would doubt therof that he shuld be taken for an heretyque or nay I can not tell very well although there are some whiche do affyrme that it was so concluded in y â— coun sell holden at Basyll And here a gayne â—…iseth a double doubte whyther al the actes of that counsell do stand or nay and farther w t what wordes and for what pourpose this case was determined If it were then defyned to be as an actycle of our fayth what shal become of the fryar Dominikes of whome many be yet styll of the coÌ„trarye opinion There are manye suche lyke matters as this is For there was none of them which wer the very olde wrytars that durste pronounce openly that the holye ghost was of one substance w t the father y e son no not theÌ„ when the question about the sonne was so contentiously handled al y e world ouer And that more is in y e psalme of prayse geuynge whiche the churche beganne to synge after y â— Arryans were expulsed where as is attributed to the sonne that he is the lyght of lyght and perfect god of perfect god the same is not ther with open and playne wordes ascribed to the holy ghost But now we are bolde to say that the holy ghost is of one substance with the father and the sonne and perfecte god of the father whiche is very god and of the sonne whi che is very god Ther is no man I do thyns whiche wyl so â—…t y â— churche of Christe whiche stondeth of the congregation and felowship of men quight and cleare from all error that it shoulde be ignoraunt in nothing It is suffi cient that it be so farre forth void of error that it doeth houlde and kepe the chief pointes of our faith and christen religion For it maye happe that the churche shall erre in the number wherby they shuld knowe the day when the feaste of Easter shold be kepte and holdeÌ„ wheras thys poynte perteynethe no thy nge to the matter of oure fayth or loue toward god I doo speke of that churche whose auctotyte we do followe that is to wyt the church of rome But yf it be trewe as some doo houlde that the byshop of come can not etre by no error iudyâ—…yall at any tyme what ned we to haue general counselles for what cause sholde we cale men of lawe vnto the counsel or lerned devynse 〈◊〉 he â—…e not erre when he gyuethe sentence in any cause Wher fore is place geuen after he hath pronounced his sentence that men may appeal from hym to the Synode or from hym to hym selfe agayne after he is better aduysed and instructed and informed of the matter What nede so many vnyuersites be
trobeled in dyseussynge the doubtes of oure faythe when a man maye go to the byshop and haue the truthe of euery doubte at his mouth Yea how doth it com to passe that the decrese and statutes of won byshop are contrary to the ordinances of an other I wyll not speke of Pope Formosus but what say you by Pope Ihon whiche was the two and twenty pope of rome and pope Nicholas are not their decrese statutes and ordinaunces clean contrary the on to the other yea in those matters whyche doo perteyn to the chefe poyntes of oure fayth Oâ—… the whyche twain the one dyd pronounce iudicially to vse there manner of speakyng that Christ and his apostels had nothinge in possession either in common or priuat that other pro nounced cleane contrary that thei had This thing a man may learn forthe of their decrees whiche are intituled Extrauagants But that which foloweth doth ser ue better for the matter which we haue in hande that pope InnoceÌ„t the thyrde and Celestyne also bysshops of Rome dyd determyne coÌ„ trary conclusions coÌ„cerning how matrimony may be dissolued For pope Celestyne dyd ordeyne that eyther the man or the wyfe which dyd stand styll in the fayth myght marry agayne it that either of theÌ„ dyd fall into herely which thinge pope Innocent doth denye as we â—…ede in y â— fourth boke of the decretals in the title De diuortiis and chapt quanto Neither doth pope Innocent in that place omyt to de clare that a certaine predecessor of his dyd otherwyse ordeyne meanynge Celestyne as the Gloose in that place doth open declaring that there was sometyme in the de cretals a constitution of pope Celestyne in the thirde booke therof and in the tytell De conuersione in fideliuÌ„ in the end And that semeth moost lyke to be true because that tytell contayneth very fewe chapters that thereby thou mayest vnderstande and perceaue that it is cut of made shorter than it was at the fyrste makyng Besyde this Pelagius as a man may se in the decrees in the. xxxi distinctioÌ„ and chapter Ante triennium did ordein that the Subdeacons of Sycyll sholde absteyne from ther wyues whome theye had lawfully maryed before the makynge of that same ordynance constytution Thys decre as vniust and contra ry to the commaudemente of the ghospell Gregory the fyrste of that name dyd plucke back and clean abrogated which Gregory succeded vnto Pelagius made a constitution and deere that no man from thense forth shold com and be admytted to that order except he vowed the vowe of chastyte But it is a very harde and an vniuste thynge that a man sholde be forced to chastite which hath not vowed yt nor deserued to be dryuen therto whyther he wyll or naye But that which Gre gory here dothe take to be vniuste dooeth not soo appeare to Inno cent the thyrde as appeareth in that same place whyche I haue here before alleadged vnto you whyche doothe after this fashyon make aunswere to those men whiche doo obiecte that it seemethe a thynge agaynste reason that the husbande withoute anye faulte shoulde be depriued of the benefit of matrimonye specyally seynge that that man doth more greuous lye offende and is a greatter ennemye to CHRISTE whyche after he hath receaued Baptysme doothe fall into heresye or to the beleiffe of the Daganns than he whyche was boorne an Ethnycke and doothe forsake to be conuerted to the profession and fayth of CHRISTE Be syde thys the churche of Mutyn was certayn hondred yers of thys opinion that if a man hadde made a lawful contract of matry mony with won woman as for ex ampl with Barbara wherin both ther wordes 〈◊〉 ther mynds dyd agre but had no bodely conuersation with her and afterward dyd coÌ„tract with another whose name was Cornâ—…ia hauinge copulation with her he sholde be constray ned to forsake his fyrste wyfe lyue with her with whom he made the latter contract the carnal copulation goyng therwith But that constitucion Innocentius the byshop of rome doth opeÌ„ ly dyâ—…anul and vndo makinge a cleane contrary decre whiche is that the fyrste woman was the â—…ight and lawful wife and al that was done wyth the last woman to be no matrimony but playne adultery and whordome as ye may rede in the fourth booke of the decretals in the tytul quanto chapter Tuas duduÌ„ and also iÌ„ the chapter Licet of that same tytul Alexander the therd declareth by a certayne wryt that his predycessers that is to say the byshops of rome had a fore tyme ordeyned y â— same thyng which Pope Innocent did condem in the church of Mutyn How mych more daungeros a matter was thys than the cause of dyuorce and yet the byshop of rome dyd alter the decres and constitutions of other byshops What nede I tel you of the vniuersite of Parys whiche dyd wonse openly disproue the sentence and opinion of the byshop of rome inso muche that they draue hym to recant and deny his words whych he had spoken before â—…yf we maye geue any credite to histories Except pataduenture we do thinke it to be but an idell fable or tale whyche Ihon gerson doothe rehearse in a certayne Easter Ser mon of Ihon Byshop of Rome whyche was the two and twentye of that name that he did precisely affyrme that the sowles of wycked men shoulde not be punyshed before the day of iudgemente whi che error all the whole schoole of Parys dydde openlye condemne and broughte the Byshoppe to that he was fayne to denye and re cant his opinion Neyther canne it be sayde that noo manne helde thys opinion besyde the Byshop so that he only shold be in a wroÌ„ge mynde yt must neds be a publyque and almoste a generall exâ—…or whyche was publyshed ether by letters or by some drecre that sholde somyche moue and styer al the whol realm of France to be agaynst it But what do we spea ke of Pelagian of Alexandre of poope Innocente seynge that Peter which was as it were thee chefe of the apostels was not a shained to hecken to better counsell when beinge admonyshed by Paul he dyd knoledge and confesse hys error if thee wordes of saynte Augustine are to be beleued herein Nowe truly although we do con fesse graunte that matrimony it self is of the law of god yet many cyrcumstaunces which do pertain to the causes of matrimony depeÌ„d of the posytyue lawe as degrees of kynred impedimentes of mariage and dyuorsements Nether haue we these decrees and ordynaunces gyuen to vs by famous and generall counsels but onelye at the handes of pryuate byshops beynge the aunswers which they made to this or that mans consultation for the tyme as they thought good and accordynge to conscience yea other whylâ—…s swaruig from that which they them selfe had determyned and decreed before But this constitution wherof we do now dyspute was as I
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 frō the bond of the lawe let her marry to whom she wyll translated by Nycolas Lesse Ephe iiii Be not caried aboute with euerye wynde of doctryne Nycolas Lesse to the reader IT fortuned not longe ago most gē tyll reader that a verye nygh frende of myne beyng in a certaine company of mē not only learned but also of most sound iudgement and perceuing by their communication whyche was of that thinge that is nowe in al mens mouths and the more is the pitie commonly practised as well of the wicked sorte of men and women as of those which according to the law of god do seke moost iust remedies and help for their paynful greiffes and moost daungerous ◅ores that as touchynge this matter of diuorse no man hath wrytten more exactly absolutely than the famous clark Erasmus of Roterodā hath done in his boke intituled the annotations vpon the newe testament in the first epistel and seuenth chapter of the Apostell Daule vnto the Corinthians was thorough their wordes so kindled and set a fyre with the desyre of the knowledge of his so absolute censure iudgement that he neuer ceassed yea importunately crauing on me tyll I had both graunted hym to translate the sayd part of his annotations forth of the latyn into our mother tongue and perfourmed it alsoo Whiche thinge although I was loth for to do bycause I woulde not beyng a man of so symple learnynge by anye maner of wayes appeare to take vpō me to medle with that argument which so great clarkes had taken in hande alredye yet forsomuch as it could nothyng preiudicate y ◠godly doctryne of y ◠preachars in this behalfe yea rather shoulde further theyr doctryne than hynder it to set forth in wri tynge the mynde of suche a noble clerke as in oure tyme hathe not ben the lyke nor manye hundered yeares before I dydde boothe wyllyngelye and gladlye satisfye his mooste godlye requeste that in so doynge not his mynde only but also of those whiche were the auncyentest and cheifest doctours that the churche hath hadde from the beginnyng therof tyll oure tyme myght be perfectlye knowen ◅ake therefore thys lyghtell worke vnto the righte genrell Readar and reade it thorough or elles medel not wyth al. For otherwyse peraduenture y u shalt be broughte into more doubtes than thou arte in alreadye And then I trust thou shalte sticke to one truethe withoute doubtynge any more in this behalfe But y◅ all thys can not satisfye thy mynde but wylte rather enclyne to thyne owne iudgemente then to y ◠censures of suche holy fathers with the vniuersail consente and contynuall obseruatyon of the churche I can not tell to whome I should sende the for further knoweledge but onelye to praye to God to lyghten thy hart that thou mayest se knowe the veritie by hym whiche is the schoolemaister of all veritie yea the veritie it selfe whiche hatethe all lyes to whome I doo commende the and al thy studies Fare well Whyther dyuorsemente doth stande with the lawe of God or naye i Cor. vii She is set at libertye from the lawe let her marry to whom she wyll ALthough as I haue ons al ready openly declarid in the begynning of my boke and as the thynge it selfe shulde and ought alwaye testifye in it selfe that in this my whole worke I entende or minde in no place therof to be the father or bringe◅vp of any new opiniō whiche shoulde brede contention but that my desire is all that I maye to helpe them forward whiche are studiouse with the pure sounde iudgemente of the holye churche and of those to whome Christe hath geuyn a more large gyfte of learninge and wysdome yet for al that I doo proteste the selfe same thinge againe in thys place because of certaine persons whiche are in these matters wher of we now do speake more captiouse and fynding of faultes than becommeth good christen men But as I do thinke that it is no contumely or a thinge wherwith men shoulde be offended though a man be of an other mynd iud gement than other authors be of be they neuer so great of name therwith also aunciente so can I be content with a good wil to forsake myne owne iudgement and to be againste it if any man be he neuer so symple can shew me that which is better It is not vnknowē vnto ◅e y t it is a thing among al christen people moste generaly receuyd agred vpon that wher soeue◅ matrymony is once celebrated that there it can non other wyse be dyssoluyd but by y e death of one of the two partes whiche were so ioyned togyther Of thys mynd was Chrisostom the olde latyn wrytars and wyth oute doute the greate doctor Augustin being confyrmed not only by the constytutions and ordynaunces of byshops and wyth the authoryte also of the decretall lawes but also approued and allowed by the whole consentes of the schoolemen But if so be y e godly men haue alway thought it good to alter and chaunge ther opynions when it is for a better pourpose and is also standynge wyth reasō to make the lawes for to serue vs after the fashyon as we vse medicines acording to the nature of the syknes and disease wherwith man is payned then let vs consyder and waye whyther it be expedient and proffytable that the selfe same thynge sholde be done in thys cause of matrimony and if we do fynde it expedient and requysyt that it shold be than let vs se whyther it be lawful yea or naye that some sorte of mariages sholde be vndone not wyth oute a good ground but for earnest causes nor yet by euery man that wolde take vpon him but by the gouernors of the churche and lawfull iudges and that the same matrimony shulde so be dissolued that both partes might mary againe to whom they ◅lese or that parte whiche was not the cause of the breache of matrimonye I am not ignoraunte that there are many thynges whereof to make any doubte or to brynge into question were greate synne as if we shoulde dispute whither Christe were both god and man whither he was borne withoute y e seede of man whyther our soules do lyue after the death of y e body and so whyther that our bodyes shall be restored to lyfe agayne in tyme to come For me are taught these thinges so playnelye by the authoritie of the holy scripture by the whole consent of the holye churche that it is a wycked and a very daungerous thynge yea to holde any dysputation therof excepte it shoulde be our chaunce to haue to do with
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
Lombardus let her mary to whō she wyl we must vnderstond that he doth meane after the deathe of her hosband I praye you hartely wold the byshop haue omytted forgot so greate a matter as thys is if he had byn of that mynd as thys man doth vnderstonde hym What and if he whych was here hosband had lyued lengar than hys wyfe shal not then in this be halfe the payn of the innocent par ty be as greate as of hym whiche was the offender But how soeuer this is som man wyl say peraduentur that that is no lawful matrymony whiche is contracted against the consly◅ on and ordinance of the byshop Well if it be so as he saythe wher fore is not the woman in this case set at lybertye that she maye marye agayn Let this question now pass for we wyl go no further ther wyth But as teching the profesfion of a monastical lyfe no man douteth that it dothe vndo that matrymony which is but agred vpon and sured betwene the partes and for heresy that contract al so is vndone yea whyche is gonn thorow and ful ended betwene the partes But if a man may dys solue vndo y t matrymony why che is notful ended bycause the reason and cause of the sacrement is greater whē it is fynyshed by the copulation of the partes than it was before by the same reson it shall be lawful also to vndo the mariage after it is perfect and ful ended bycause that frutfulnes of chyldren in matrymony is a grea tar cause than bare◅ys and the cause in the fyrst contract is grea ter than in the second or the third But thys me thynketh by mans lawes may be reasonable ynough that the mariage which is not con summat ful ended myght some wayes be vndoone bycause that the woman which hath not byn toched of the man to whome she was maryed shal sooner fynd an other man whyche wyll take here to wyfe than she which hath carnally knowē her hoband But we I can not tel for what pourpose haue so men gelyd gods law and mans laws to gyther about thys busynes that we haue made it so darke that no man can tel what to make of it But for al that Iohānes Andreas dothe apere not alto gyther to dyssent from thys opynion if a man sholde say that matrymony whyche is made perfect may be dyssoluid vpon som great vrgent cause forsomyche as he dysputeth thys same argumēt in the rule which begynneth ▪ Actus li gitimi and the syxt booke De regu lis iuris whome Panormitanus doth aledge in y ◠cha which begin neth Ex publico de conuertione cō iugatorū For after he had put the case whither the byshop mighte dispēce geue licence y t a kyngs sonne which is a mōke might his father the kīg hauīg no more sōs but him myght mary a wyfe and kepe her tyl the tyme he shuld beget of her a man child and so whē he hath brought forth reasons on both sydes both with it against it he geueth no sentence or determination whither he myghte soo dispense or naye but leaueth the matter to the iudgement of other men But at the last Panormitanus doth thus end his whole disputation and sayth I could be of this mynde that the pope can not vndo the matrimony which is cō summate and made perfecte betwene faithfull persons so that I woulde chose to take and defende the negatiue parte that he can not dispence in this casse And he◅e he doth not affirme the thinge but he putteth forth this question as a disputable argument whereof he thinketh the contrary part to be y ◠more probable and truar The same Panormitanus amonge other matters wherof he wrote in y ◠chapter beginning w t this worde Q uanto and tytle de diuortijs doth saye these wordes And thys text doth serue verye well and is the beste that can be for this purpose whervpon we might groūd our reason that the churche can not dissolue vndoe that cōtract of matrymony And heare againe he doth not saye affirmatiuely y t the church can not vndo that matrymony whiche is consummated and thorowly ended but rather cō senteth that it may although he sayth an argumēt might bemade out of that chaptr which shold be to the contrary For it foloweth not that streyghtwaye it is ouercom and cast doun bycause it may be ouercom and cast doune with argument Hostiensis also appea reth some tyme to be on the contra ti parte For in the chapter begin ning Ex parte in the tytil de cōuer tione coniugatorum he moueth y e question whither the church may now statute ordeine y t whē the ether part of the faythful persons which at maried togither is fallē into heresye y e other part mai go to the seconde vowe of matrimony And he doth aunswere that it is lawful so to do prouīg it by this argumente Lykewyse saythe he as the churche hath ordeyned betwene infidels whiche do contracte among them selfe lawefull matrimonye as Codicc de infideli bus consanguini affini so may the churche decre and ordeyne amonge the faythful persons For the confyrmation of the ma trimony of the faythful commeth of the sacrament of baptym as in the sayd chapter Quanto and that by the dysposition and order of the churche The churche then hath power to ordeyne alsoo to y ◠contrary Doth not Hostiencys here openly pronounce that the churche maye decre and ordeyne that some matrymony may be dissoluyd be it neuer so perfect when ether of the partes doth fall into heresye so that the innocent party maye go to the second vow that is to wytte may make a newe con tract of matrymony wyth som other And yet he denyeth that thys thyng may be don except the chur che doth so ordeyne it Antonye allso doothe certefye vs that he hathe sene a bull of the byshope o◅ome his gyuing forth wherby he dyd seperate man and wyfe af ter that that matrimony was fully finished and made perfect But how myche these authors at to be set by and regarded let it be thee iudgement of other men As for me I haue here brought the forth and shewed you what they do say bycause that they whiche thynke them to be of greate authoryte shold not think that I haue done otherwyse than well in that I do desyre that by som way or other it myght be brought to pass that bi the authoryte of the churche som remedy and helpe myght be proui ded for them whiche do lyue myserably and vngodly togyther w t the greate peryl and daunger of bothe ther sowl helthes But now no man can denye but that the lawes of Chryst at moste ryghtwis of al and most ful of all equitie exellynge and passyng al other whyther we do compare them w t the lawe of nature or mans lawe Christ doth not strayghtly requit
shewing hym selfe to be syche a manner of person when the dewty of a perfect man is requyred at his or ther handes so that these wordes of Chryste are almoste spoken in vayne Christ speaketh these wordes not among the common people but to his dysâ—…yples and that in the mount shewynge and settynge forth vnto them which was the purest and godliest part of his bodye whiche had no nede of anye lawes whiche he calleth the kyngdome of heauen For what nede is it that there shoulde be any lawe that a man shal not kyll where is founde no man whych though he be offended that can fynde in hys hatte to be angrye nor yet to geue none euyl and noughtye woorde where he whyche hath taken wron ge dooth seke vppon the loue and frendeshyppe of his ennemy wher euerye man hadde rather to geue awaye part of his ryghte than to folowe the lawe What nede is it to haue a lawe there where no maÌ„ doth couytte that whiche is noone of his Wherfore should ther be any swearynge there where no maÌ„ doth go about to deceaue won an other yea where no man doth mystruste anye deceyte What shulde the lawe sette ponyshment that a man shoulde be reuenged vpon his ennemye with the lyke greife and hurte whiche he hathe susteyned where men do loue theyr enne myes where a good turne is done for an euyll where good woordes are gyuen agaynst badde Lykewyse there is no nede of a testimonye of diuorsemente where is non euyll man or yf there be any other faulte as we are all men it is ey ther borne wyth all or elles it is straightwaye amended and harde no more of Shew me such a kind of people as Chryste doth wysshe they sholde be ther shold be then nether dyuorsementes nor yet othes But and if for the weake sake whiche the church hath in so great a nomber no man is forbyd to seke after his tight by the law no man is prohybyted for to swer so it be for his owne not falsely for swearyng hym selfe no maÌ„ also is constreyned to do good for euel for what cause is thys wone poynte as tochinge dyuorsmente requyred of all men a lyke If the Iews for y e hardnes of ther harts were permytted to put away ther wyues for euery tryfel leste they sholde do a worse thynge and we do likewyse perceaue that among chrysten men besyde the vncharitable agrement which we dayly se to be amonge maryed folke that there ar greatar perylls and dangers y t is to say cruel murthers poysonynge one the other and enchauntments for what cause yf there be al wone disease and sycknes is not the lyke remedy help founde for theÌ„ The apostel Paul doth not commend that a man or a wooman shoulde be twyse married and yet for to avoyde an vnchaste manner of lyuynge he doth permyt that thynge which he dareth not commaunde them to doo takynge it to be better to marrye than to burne And shall we abate nothynge of the rygor of dyuorsment The Iewes dyd interprete and expound that which Foyâ—…es wrot of the lybel of refusyng their wiues to be as thogh he did geue them leaue to put away their wyues for euery tryflyng matter as for example yf they shoulde fynde any blemysh or foul thing in 〈◊〉 bodys For after that maner they do demaunde of Chryst in the xix chap. Math. Whyther it be lawfull for a man to putte away hys wyfe for euery lyght cause Christ dothe restrayn the separation of man and wyfe to won cause only not that ther at not greatar offen ces and more greuos offences thaÌ„ adultery but bycause whordom in wedlok is all manner of ways repognant and dyrectly contrary vnto the state of matrymony For matrimoni doth make of ii bodis but won body whiche vnyte of bo dys adultery which is whordom in matrymony doth cut a sonder Chryste then doth permytte vnto his people no more but won cause of dyuorsment not al togyther for byddynge them of that Moses dyd suffer theÌ„ to do for the hard nes of ther hartes but saying onli that it was not so from the begyn nyng For if man had contynued in the fyrste state wherin he was made at the fyrst ther sholde haue byn no manner of dyuorsments â–ª Chryste doth cal hys people to an innocencye of lyfe and wolde not haue syche separation betwen maÌ„ and wyfe bycause he wyl not haue them to be harde of hart and yet Paule dothe beare with the weas nes of man enlarging often tims the precept of the lorde For what cause can not the bysshop of rome dothe same But as tochynge that they do obiecte forthe of thee self same place That whych God hath copeled togyther let no man separat it may be quykly answerd vnto That whiche god hathe ioyned is well ioyned and that whiche god doth separate and put a sonder is well separated AmoÌ„g the Ethnickes matrimonye was not lawfull except it had ben confyrmed with the consent of the pa tents and aucthorite of the tuters of them whiche were maried yea not among y â— Iewes was it other wyse lawfull and yet with theym bothe matrimonye myght be dyssolued for certain causes Among y â— ChristeÌ„ meÌ„ mariage is exceding lightly made after it is ons mad it can not be vndone agayne For matrimony is contracted secretely in corners after a stealyng fashyon betwene boys and yonge wenches by the helpe and counsell of baudes and whoares it is contracted betwene tooles dronkards and yet this shamefull contracte can not be vndone yea whiche is a more straunge matter they doo make of this fylthy and vngodly contracte an holy sacrament For our common dysputations whyche are of mutuall consent of the wordes perteynynge to the preseÌ„t tyme of matrimony fullye confyrmed and not confyrmed they be but the myndes and interpretations of men and not the verye expresse wordes of god I do grauÌ„t that there is no matrimonye with out the mutual consent of the par tes but I woulde haue a sober a godly consent not such a conseÌ„t as is wonne by craft and giel and by dronkennes I woulde haue suche a consent â–ª as shulde be made by the counsel and aduyse of both theyr frendes as is mete and convenient to be in sych a thynge as can neuer be vndone agayne after it is wons knyt yea and syche a thynge as deserueth to be noÌ„bryd among the sacremeÌ„ts of the chur che But wheÌ„ the byshop or other lawfull iudges knowyng and being certefied of these causes betwen any partes do separat them a sonder whyche are so contracted togyther then dothe not man separate that whiche god hath ioyned but that whiche chyldyshnes folishnes want of wyt and of kno ledge dronkenys hath ioyned togyther that I saye whiche the deuil hath ioyned togither by baâ—… des as well men baudes as women baudes by whoars which at hys mynnsters and trewe wey ghtyng seruauÌ„tes
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 diuorsmeÌ„te 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 thaÌ„ that whyche S. Augustyn dothe wâ—…yght â–ª in his xix boke and fyue and twenty chapter whiche he wrote againste Faustus But iâ—… 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 seperatioÌ„ wherfore doth Augustine make other causes y e is to wyt ydolatry and heresy beinge led therto by noâ—…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 nycattoâ—… 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 commaundemeÌ„ts 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 caÌ„â—…on laws do gyue lycence to that man or y â— womaÌ„ which is torned from infidelite to 〈◊〉 law of Christ to mary another if y â— hosbond or y â— 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 grauÌ„t that which we ar afrayd to doo in y â— 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 maÌ„ 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 bondmaÌ„ thaÌ„ 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 streâ—… 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 â— first I do here him wel ynoughe what he seythe â–ª 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 thaÌ„ 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 consyderatioÌ„s 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 chauÌ„se that som maÌ„ 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 â— 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 â— dyspleasur y â— dost bear to any synful act of the flesh but for som iniury whiche y â— hast receiued bi her for what caus sythe y â— y â— hast found thi fyrst maryage so vnlokkey contrary to thy mynde doest thou put thi selfe in dauÌ„ger to suffer the lyk if thou doest mary again Lykwise for so myche as it myghte so chanse that the womaÌ„ 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
y â— 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 suffycleÌ„t causes wher fore the innoceÌ„t 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 takeÌ„ for a maÌ„ 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 â— tâ—…l me what so euer they be whiche do suspecte any suche thinge after the byshop hath don with thâ—… 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 othâ—…r man and so sholde apere not to be so myche offended with the falts of her first hosbaÌ„das she was gredy and desyros to haue a newe whâ—…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 â— 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 â— no matrymony which is wonse contracted shall be at ani tyme dissolued let vs se what maÌ„ner 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 wheÌ„ thou woldest apere to haue some answer to make thoughe it were neuer so slender as though the liâ—… ceremonys were obserued in ioyning the maÌ„ 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 â— 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 â— mynd that it sholde be counted amonge the seuen sacraments and specially â–ª forasmuch as saynt Augustine whiche is an earnest fauorer and defender of matrimony doth rehearse and inâ—…ulke into our headdes all the vertues and godly coÌ„modities 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 anyâ—… howldâ—… to serue for the 〈◊〉 of matrymonye wold not hauâ—… omytted so substancyall a thynge as thys and so stronge an argumente as thys woulde haue bene for his defence â–ª buâ—… 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 sacrameÌ„t I do thynke them to be of y â— 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
fortuneth to haue a barren wyfe or when a woman is combered with a dronken husbād an euyl liuer and a dysar And although we shoulde graunte that matrimonye is a very sacramente indede yet shal it be no sacramēt where an oulde man doth marrye an oulde woman a dronken man a dronken womā which the churche for al that wil haue to be a sacramente A thousande suche lyke examples myght be broght forth in the which the image of the heuenly and spiritual matrimonye sholde not aunswere in al poyntes to the corporall matrimonye Neither dooth the sacramente of Baptyme susteyne any detrymēte or wronge althoughe some afterwarde be of an vncleane and vnwashed lyfe nor yet dooth it followe that wedlocke is no sacrament although that maried folke be often tymes noughty lyuars For then the dyuorse whiche we do so lyghtly permyt for such cau ses shuld preiudicate the sacrament of Christ. Againe we do separate oftentymes the man from the wyfe where as Christ doothe alwaye cleaue vnto his spouse And fynally matrimony should◅ not be dissolued no not with deth yf we wyll haue the fygur answer to the thing figured in al points Yea if we wyll so narrowly loke vpon the type Origen sayth that Chryste dyd dymysse the sinagog from hym bycause she was a mur therat of her hosbonde when she sayde Take hym Take hym and crucifye hym and puttyng awaye the same synagoge he ioyned the churche to hym for his spouse After thys image and symylitude a man maye put awaye his wyfe whiche hath soughte the death of her hosbond and maye mary an other woman more mete for hym And as tochinge the congruency of the mystery it is ynough that alwaye won man doth ioyne hym selfe to won womā with this mid and full purpose that ther sholde be neuer any separatiō betwen thē which among som is a perpetuall matrimony Truly I do meruail y ◠wher as so many owld writars in the greke and latin tonge haue ser chyd to fynde oute the causes wherfore that matrimony shulde be indyssoluble that no such reason coulde fal into their heads as is into ours y ◠matrimony sholde neuer be losed agayne after it is wonse made and done There is no man whiche doth contract matrimony but is of that mynd that he woulde that it should continue whole durynge his lyfe neuer to be dissolued For no man at that tyme when he doth marrye wyll thinke on anye separation or dyuorse But yt so be it doth so chaū ce afterwarde vpon any necessary cause accordynge to the fashion of the worlde what hurt I praye you is done to the sacramente yf that remedy be founde for theym whiche can not lyue chaste For lykewyse as a priuiledge graunted to a fewe dooth not dysanull the lawe which is made generally to all men so thoughe some be vnlockye in mariage and manye do offende what is the sacrament the worse Fynally it shal follow that either it was no sacramente in the oulde lawe or els it oughte not to be vndone and that specyally forsomuch as in the peryls daunger of murther we maye remedye the party which is in fear by the waye of our separation and dyuorse Chrysostom doth shewe two causes wherefore the Iewes myght put away theyr wyues ge uynge to them a lybel of dyuorse They are suffred to putte awaye theyr wyues saith he lest bearing hatred vnto them they sholde seke theyr death Shuld then the wickednes of the wycked persons among the Iewes be commodiose and proffytable vnto them not aswel the innocēcy of the hosbond amonge vs which ar christen mē be helpe to hym whych is innocēt and without faulte The man is commaunded sayth Chrisostom to giue to the woman a lybell of dyuorse that he myght not afterwarde commande her to com to hi agayne whom he had wonse caste of to auoyde the confusion and often commyttyng of adulterys But truly thys cause is not rekened for any barre to vs but that we maye make it lawfull to thee hosbond to take his wyfe agayne whome he hath wonse put awaie And agayne Christome doth say that the cause whye a manne myghte caste of hys wyfe beinge a whoar then and no wis al won that they sholde not euery where commyt fornication and adultery won with the others wyues If then that same be a very trewe cause in dede wherfore amonge vs chrystē men is no man compelled to put from hym hys wyfe when she is a whoar but is playnly forbydden restrayned frō puttynge her awaye except he dothe entende al hys lyfe after to be made lyke a man whyche hathe loste the vse of nature Innocentius the thirde in the chapter Quanto whiche we haue alledged before dothe shewe thys reason wherfore the wyfe of a man whych is fallen into heresy maye not take another hosbonde Bycause saythe he if they do hate there wyues or ells the one of them at a tyme being dyspleased wy◅h an other if in syche a case as this is they myght be dymyssed and delyueryd or ther wyues they wolde make asthoughe thei were in some heresy that theye myghte quyckly be departed and mary agayne The lycke reason is rehersyd in the glose made vpon y ◠chap ter Dixit dominus in the thre and thirty cause and the fyrste question whiche glose we alleged forth of Hyerom a lyghtel before But truly if we do admyt this cause to be good then may not that womā he maryed agayn which by error was maried to Peter whom she toke for to be Ihon or ells was maried vnto a seruaūt whom she thought hadd byn a freman least when she were in mynde to be departed from her hosbōd she wold subornate or feyn sych causes whi che were not trewe how be it the chapter whiche is recyted in thee glose doth not seme to make mich for the pourpose of Innocentius For his meanīg is of the hosbond which doth feyn him selfe to be an heretique that he myght fray hys wyfe from him and as sone as she is maryed to an other man feyne hym selfe agayne that he is amen dyd and torned from his heresye So myght the man feyn him selfe to be a seruant whyche wold seke to dryue hys wyfe away from hī And the lyke may be sayd agaīste oure dyuorsments and separatyons that the hosbond wyl fordge and deuyse somme faulte whose wyfe doth not please hym at home that he myghte by that meanes thruste her forthe ▪ of hys doars kyng it a sufficient greate reward of hys falset crafty dissemlynge if he maye be but somich as wyth oute the syght of hys wyfe in hys house whō he doth hate Hytherto haue I shewed the causes for the whyche dyuorsment was not permytted Now if ye wyl let vs examin the places of Paul whēse oure bysshops do seme to fetche that they do make so great a dyffyculty hardnes in dyssoluinge of matrymony and vndoinge of maryages Paul in the
seuenth◅ chap of the epistell to the Rom sayth Be ye ignorante bretheren I doo speke vnto them which◅ knowe what is the lawe that the lawe hathe dominyon in man so longe as the man lyueth For the woman whyche is in subiection to the man so longe as the man lyueth she is bound vnto y e law but when her hosbond is dede she is losed from the lawe of the man And therfore so longe as the man lyueth she shall be called an adulteros womā if she be with an other man But if her h◅bond be dede she is set at lyberty from the lawe of the man that she shall not be an adulteros person althoughe she taketh an other mā Paul in this place doth not treat of dyuorsmēt or separation betwen man wyfe but he maketh a similytude vnto the Iewes which is taken out of ther owne lawe wherby he might teach and perswad them that the law of Moses being taken away by the law of thee ghospell theye are no lengar bounde to the obser uation of the ceremonis of y ◠law syth that they haue taken to them a new spous whych is Chryst. Ne is it requisit and necessarye that the similitude or parable shoulde in al poyntes se◅ue for the thyng wherto they ar cōpared For thus the parable of the theefe whiche breaketh into the house by nyght the parable of the mony whiche is due and owynge to the vsurar the parable of the wicked noughtye stuarde the parable of the vyne and the braunches thereof the parable of the chyldren syngynge in the market place and such other innumerable shoulde seeme very fonde if it shulde be examyned tryed by this streighte rule to haue all poyntes agre It is sufficient that they do declare make open the thynge wherefore they be applyed It is the maner and fashyon of Paul to drawe wrynge what so euer he can by any meanes to serue for the gospel after a godly crafte and subtylte while he doth turne him selfe into all thinges that he may wynne all men vnto Christe But our men nowe a days are nothing lyke vn to Paule whiche do turne theym selues into al things that by that crafte and polyeye they maye call men awaye frome Christe and so come to great ryches and promotions How be it yf we wyll take these wordes of Daule as they do lye and sounde no man shall put awaye his wyfe althoughe shee dooth playe the whore For he ma keth in this place noo manner of exception Again Paule shal not seme aptly to alledge the lawe of Moses vnto the Iews yf they do take his wordes after that fashiō forsomuche as the lawe doothe permyt the hosbonds for euerye cause to put away ther wyues so that theye doo gyue vnto them a wryght of dyuorse Herby ye may perceaue y e Paul dyd not exclude and put awaye dyuorsment for so mych as the law it self doth opēly permyt and alow it but went aboute that thing which he hadde in hande making asthoughe he had nothyng to do wyth this our matter whyche dyd not toche for hys purpose And agayne in the seuenthe chapter of his epistell to the Corynths he dothe wryghte these wordes He then which doth ◅oyne his virgen in matrymonye doth wel and he whiche doth not dothe better The woman is boūd vnto the man so longe as her hosbōd lyueth but if her hosbond sle◅ peth she is at lybertye from thee lawe let her mary to whome she wil only that it be done in y ◠lord But she is more happy if she can so abied after my counsel Nether yet dothe Paul in thys place reason the cause of dyuors but exhor teth accordyng to the state of thos tymes that theye whiche are free from maryage and specyally wydowes for in thys place he dothe speake of them shold abstein frō mariage that they sholde be thee more fre from the busynes of thee worlde whyche was then a wycked and an idolatrose worlde and coulde not choose if they dyd marie but muste nedes ioyn them selfe in affynite with the wicked vngodly And yet for all that he dothe not requyre thys at ther hāds y e theye so do but he commaundeth them that yf they whiche are syngyll wolde marrye that then they doo take to their hosbandes such asar Christen men And also he dooth not plucke a Christen woman frō her hosbande which is an infidel except he doth first departe from her and sayeth also that she doth not synne if being at lybertye she dooth mary agayne For so longe as she hath an hos◅ond she hathe no ned to seke another This ther fore after myn opinion is the chetest and surest key to the vnderstondyng of the mystycal scriptur to marke and consyder dylygentli the thynge wherof the autor wry tethe and what hys pourpose is that he goeth aboute and that spe cially in Paul which is somwhat slypperi and starting in his dys putacion and reasoninge now leapyng hyther now thyther that as Origen dooth saye ▪ the redar canne scant vnderstond and perceaue whē he is oute whyther he wyll go Nowe remayneth the great matter of the chefe dy◅yculty of al which went before in the same chapter in the whiche place treatynge of maried persons he speketh after this wise I say saythe he to them which ar not ma ryed to wydose that it is good for them if they do abyd so styll as I do That if they canne not lyue chast let them mary For bet ter it is to mary that to born But to them whiche are ioyned togyther in matrimony do I cōmaūd not I but y e lord that the wyfe do not departe from her hosbond But if she doth departe that she do abyed vnmaried or ells be reconcyled agayne to her hosbond and that the man do not put awaye his wyfe These words doo seme to be spoken wher the matri mony is betwene lyke persons that is to saye a chrysten man and a christen womā And the words whiche folow The reste I doo cōmand but not the lord ar spoken of the vnlyke vnequal matrimony that is to saye betwene a christian and an infydel Fyrste wheras Paule in nether of these places doth not make that excep tion openly whiche the Euangelystes do Ambrose doth counsel the to supplye it wyth thyne owne vnderstondyng leste the apostel sholde seme to be agaynst the commandements of hys lord And belyde this Paule doth not ◅ere to speke of greate offencys syche I say as are as greuos as adultery or more greuos but of slyghte matters for the whiche chefely wer many and often separations and dyuorses among the grekes accordynge to the saying of Iuu◅nal And thus in fiue yeare hath some women eyghte housbandes And this we may ge ther of the words whyche do follow for ells be reconcyled agayne to her hosbond Those men wee sayde are made frendes agayne whyche thorowe some offence or dyspleasure haue
suffered to be â—…oyned in matrimony to ano ther we wyl now reason the matter And herein I do not passe for shoulde rotten custom by the which the innocent partye could not be suffred to marrye before the death of thoâ—…ender forsomuch as thys custom dyd ryze vp and come of the â—…gnoraÌ„ce and lacke of knowledge of the scriptures beside that by the wordes of Christ sayinges of Paule we do fynde nothing that is more contrary vnto the scriptures thaÌ„ is this c. The rest of his words with the whole boke god willing we wyl gyue you into our mother tonge or it be longe Henry Bullynger Fyrst that is called a iuste diuorse wheâ—… lykewyse as nether party may take the other agayne so is it in the lyberty of the fautles party to marry another And ther fore that dyuorse whiche was for euerye lyght cause was no true diuorse c. And in the syxt part of the same chapter he sayth The Papystes haue forbydden the innocent and vngylty â—…o marrye after the dyâ—… â—…orse made Uvhiche yet was nothyng els but euen violently to caste a snare aboute poore peoples necks and to draw theÌ„ vnto vyce and synne For the diuorsed coulde not refrayn to marry they were not permytted therfore with violence were they forsed to whoredom But Paul sayeth otherwyze Better it is to marrye than to burne and God ordeined wedlock for the auoydinge of whoredome 〈◊〉 touchinge y â— person that committed the offence to y â— dyuorse he was punished with deathe what â—…de we then to reson for the mariage of y â— vngylty â–ª Therfore where as some do obâ—… Pauls wordes sayeng The woman is bound to the low so long as her husbaÌ„d â—…yueth but when her husband dieth she is 〈◊〉 to marry vnto whom she wyll only y â— it be done in the lorde it hindreth not our purpose For wher as y e adulterer doth yet â—…ue it is against gods comauÌ„dement whiche hath condemned him to death already therfore in such a case y e faithful estemeth him but dead though through y e negligeÌ„ce suffraunce of the would he be yet alyue It is no reason that such suffraunce shold 〈◊〉 the vngylty from his fredom right seyng the iudges do not execute iustice c. Prynted at London in Aldersgate strete by the wydowe of Ihon Herforde for Robert Stoughton dwellyng by Ludgate at the sygne of the Byshops Myter The proposi tion Origen A man may lawfulli put awaye his wife mar ry agayn ys shebe a hâ—…re In the case of adulterye there wasno libell of dy uorsemente so no life 〈◊〉 question moued of Origen wher to be himself maketh aun swer Tertuliaâ—… minde Obiection The mynde of Polentius ambrose per nuttethe the man to mari after diuors men not the woman The faith full maye not wytting by contracte matrimonye with the un faithfull but yf they were marted to gy ther not kno wng one the others sayth they oughte not afterward to go a fondeâ—… The maisteâ—… of the seÌ„teÌ„ce Iohannes Andreas Pope Za chary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tâ—… 〈◊〉 herâ—…by pâ—…r 〈◊〉 that both zachaâ—…i Erasmus ar in the mâ—…d that thâ—…en der shâ—…ulde not marrye Goyâ—… into a cloyster some tyme dyd dis solue matry mony and he resy also Iohannes Andreas 〈◊〉 〈◊〉 upon dy â—…semente Antony 〈◊〉 poÌ„ diuors ment â—…owe are these wer des to be un derstanded to be gelded for the king dome of hea uen The byshop of Rome 〈◊〉 make of a monKe nâ—… monKe 〈◊〉 〈◊〉 〈◊〉 of all 〈◊〉 â—…hyther the byshop maye staâ—…e or deyâ—…â—…nye thyng again â—…the decre es of the apo stâ—…s The decres of the apo stles chaun ged for what intent it was made Paules con stitution TransubstaÌ„ tiation not beleuedofthe prymytyue churche The concep tioÌ„ of the 〈◊〉 gin The holy gh oste is of one substaunce with the fa ther and the sonne whyther the Byshoppe of rome may be deceiued geue a 〈◊〉 sentence or 〈◊〉 poope 〈◊〉 pope Ny cholas decre es 〈◊〉 〈◊〉 〈◊〉 pope inno cent pope Celestine made contrary decres peâ—… wâ—… an aduersâ—… to the marya ge of preests Gregory the 〈◊〉 dydde succede to Pelagian by sâ—… of rome Erasmus do th sâ—…d much with the in â—…cent parti â—…athe or she whichis inno ceÌ„t may mar ry agayne â—…hyther the seconde contracte of ma â—…monye wher is also â—…copulatioÌ„ of the partes 〈◊〉 vndooe the 〈◊〉 coÌ„â—…act whiche â—…ath not this â—…opulation There be some suche coÌ„tractes in London the moore is the shame that they are suffred The uniuersitie of paris Pope Ihon Nowe they wyl marrye svx or seuen tymes yea thoughe theâ—… haue not on tooth in ther head The placeâ—… whiche doâ—… sâ—…me to dys proue dyuâ—…r semenâ—… A righte dâ—… uorsmente Sych diuorse meÌ„t is of our owne brayne The makig of 〈◊〉 Thou shalâ—… sclander no man The offerig vp of the gyste with out charite forbydden Goynge 〈◊〉 lawe â—…ow we co lorably do de â—…end oure de â—…sh 〈◊〉 â—…herfore do th chryst na 〈◊〉 but won â—…use of dy 〈◊〉 sâ—…eus These wor des that which golâ—… hath ioyned c howe they are to be under stoÌ„d The 〈◊〉 contractes of matrimonye betwene par 〈◊〉 〈◊〉 cornars without con sâ—…t of the pa rents The 〈◊〉 whi the libel was commaÌ„ ded to be ge uen Followe not 〈◊〉 thee 〈◊〉 〈◊〉 〈◊〉 Hierome The woman diuorsed for whoredome â–ª may not marye agayne The reasoÌ„s whiche doo make him be 〈◊〉 that ma trimony is none of thee seuen sacra mentes The fyrste â—…se Thee thyrde cause 〈◊〉 〈◊〉 whether the fygure of a thynge muste in al poyntes be lyke the thig fygured wherin the spiritual corporal mo trymony do 〈◊〉 with what mynd mary ed foles oug ht to go toge ther Chrysostome The firste cause whye thee Iewes were permit ted to put a waye theyr wyues The cause 〈◊〉 â—…ly 〈◊〉 〈◊〉 geue to the wyfe Note a good lesson for the understaÌ„ding of â—…iptur The hardest place which forbiddeth di uorsementiâ—… all the scriâ—… tur How ought Paule to bee â—…stand 〈◊〉 this 〈◊〉 after the 〈◊〉 of Ambrose The woâ—… bath the like power ouer the 〈◊〉 that the man â—…h ouer the wo man Paule i'this place meneth not the cause of adulterye The remedy against dâ—… sement Thomas of Aquyne Erasmus doth reason agensâ—… Tho mas of Aâ—…ne They haue 〈◊〉 〈◊〉 to 〈◊〉 â—…shly 〈◊〉 but it 〈◊〉 〈◊〉 〈◊〉 the â—…tue 〈◊〉 â—…ir religi 〈◊〉 The woâ—… beinge put a way for ani manner of cause in the oulde lawe might mary but yf she played the whore she dyed 〈◊〉 it Nâ—…te well 〈◊〉 sayenge 〈◊〉 August Tâ—…eresons whiche moâ—… to 〈◊〉 â—…nge 〈◊〉 〈◊〉 of 〈◊〉 〈◊〉 that 〈◊〉 〈◊〉 receiued thâ—… word of god and this wic Kednes ten soulde morâ—… Note to 〈◊〉 om christ did geue the 〈◊〉 〈◊〉 〈◊〉 Here wâ—… 〈◊〉 goodly moâ—… for thâ—…bishop yâ—… 〈◊〉 â—…oly 〈◊〉 wolde 〈◊〉 seen 〈◊〉 The minysters ought to excoÌ„municate thoâ—… feÌ„ders and not to permyt them to marrye