the law of god But at the last he knowleged his errour and sayd that the Pope had no power to dispense in the degrees forbydden by the lawe of god in the .xviij. chaptre of the Leuitical And afterwarde whan he had asked this question whether we kepynge the Leuiticall lawe of the Iues be our selfe Iues also or no in so doyng did make answere him selfe That the lawe of the gospell doth admyt the lawe of nature But naturall reason dothe abhorre that a womā shuld be subiect vnto a mā which is her kinsman in the first degre ¶ Also walden widforde and Cotton very christian and catholic authors reproue diuers other cursed heresies of wyclefe and that stoutely and with great profette of Christes churche amonge al other they do damme also this hereticall and more than phrenetical and madde opiniō where he did holde as some wolde nowe a days that these Leuitical prohibitions be onely iudicial preceptes and that it is ordined at this tyme by man without foundacion or grounde that consanguinite betwene persons of side halfe yea and more ouer that affinite in the first degree is an impediment and let of mariage and they do clerely and plainly proue that those Leuitical forboddes whiche there do prohibite to vncouer the foulenesse of our kynne or affinite that they be nat only no ceremones of the Iues as wiclefe wold but that eueri one of them euin at this day do bynde all christiā folke by the lawe of god and that by al right reason they ought to be nombred amonge the moral preceptes of the .x. commaundementes For walden sayth that the Leuitical lawes do binde vs as well as they did the Iues as concerninge the very substāce pithe of the lawe but not as concerninge the penalties put vnto them For consideringe the lawes in them selfe onely they be morall and of the preceptes of the .x. commandemētes and that euin to so many degrees as be rekened vp there al thoughe they be mere and vtterly iudiciall as concerninge the penaltie adioyned This lawe from the first begynninge of Christes faith by all the fathers that haue ben hitherto one after an other was iuged to bynde by cause it was the commaundement of god And howe it is expired and vanyssed awey nowe at wiclefes cōmynge that it shulde be no more of the makynge or ordinaunce of god but the handy worke and ordināce of man this thinge lette wiclefe and his scholers trie oute Certaynly he dothe offende and breke the honestie and shamefacidnes naturall who so euer discouerethe the priuey partes of his owne flesshe and bloud as it were the priueties of a strange persone ¶ And the same opinion of walden Pope Martine the fyrste did approue confirme it and that not without discrecion sufficient deliberation For fyrst of al he toke it to the best lerned men he coulde fynde that they shulde with all diligence they myght examin the sayde opinion and when it was examined alowed and commended by agremēt of all them to whom the examination of it was cōmytted than the Pope by his auctorite and power did confirme it ¶ with these men doth agre amonge the diuines Peter of Tarantase Durāde Stephan Brulifer Richarde de Media villa Guy Brianson Gerson Paule Rice and al moste all the schole doctours whiche with one assent do stedfastly holde that Infydels or vnfaithfulles al though they be not vnder neathe the lawes of the churche yet they be bounde to kepe the lawe of nature of god And therfore suche mariages as they haue contract in any degre of consanguinite that is forbydden by the lawe of god be no mariages and that thei muste nedes be dyuorsed And they thinke that the contrary custome of certayne barbarous bestly people do nothynge make to the contrary For saye they the heate and feruentnes of carnall luste and concupiscence hath ouer caste and blynded in them the preceptes and reules of the lawe of nature ¶ And amonge the glosers and doctours of the lawe canon Iohn̄ Andre and Iohn̄ of Imola do gather and conclude bothe by the wordes of the very text of the chaptre Literas and also by the wordes of the gloses there that the degres writen in the Leuitycall be the same selfe degres in the whiche Pope Innocent him selfe doth say that the Pope hath no power to dispense And they holde vtterly that these wordes THE POPE CAN NOT be put there in their owne propre signification and that this takynge and vnderstandynge to say the Pope can not and to vnderstonde it for he wil not or that it is not expedient that this glosinge dothe distroye the texte ¶ And mayster Abbate also doth holde the same opiniō sayeng that the preceptes Leuiticall be morall and denyenge preceptes whiche do bynde for euermore that is to say at al tymes and that the Pope is neuer a boue this lawe of god Ye more ouer that he is bounde to defende it and mainteine it with al that euer he can make and do and to lease therfore not onely all his goodes and landes temporall but also his bloudde and his lyfe And the same Abbate sayth also in a nother place I say sayth he that the very wordes of goddes lawe muste be pondered and wayed and if this seconde degre be forbydden by the lawe of god doubtles the churche can not dispense therin and in lyke maner seynge that bi the very wordes of the law of god wayed and ponderd the brother is forbid by the lawe of god to take his brothers wyfe it folowith that the churche can not dispense in that case that a man shuld mary his brothers wyfe ▪ The whiche thynge sayth he is worthy to be noted in practisynge of the lawe by cause of these great princes the whiche do many tymes desire dispensations of the Pope And likewyse sayth the glose in the Chapter Pitatium And Mathewe Nerew of saynte Gemin in his laste question of his tree of consanguinite and affinite dothe also folowe the same opinion as the vniuersall opinion of all the doctours of Canon And Vincent and Innocent and Ostiense and Abbate folow the same opinion ¶ But here had nede to be some measure in citynge and rekenynge vppe of Auctors for this worke shuld increase growe to an infynit thing if we shulde reken vp here all the names and sayenges of all doctours whiche with hande and foote do approue and folowe this opinion of ours ¶ And by the witnesse sayenges of those auctors that we haue cited thou mayste well and sufficiently knowe and perceyue gentyll indifferent reder fyrst that in those persones whiche the lawe of god dothe calle nyghest of bloudde there can be no good and iuste cause or excuse for the whiche it myght be suffred or dispensed with that one of them shuld discouer the foulenes of an other nor there can not be alleged any thynge so honeste that is able to couer the dishonestie of this thynge Seconde that all
desire of possession to passe or breake the buttels of londes howe moche more vnrightfull is it for the lustnes of bodely plesure to passe or breake the buttayles of good maners customes ¶ Furthermore saint Thomas sayth agayne in an other place Affinite that is betwene persones before mariage doth let the mariage that is to be contracted and dothe breke the mariage that is contracted al redy euen like wyse as dothe consanguinitie ¶ And in an other place Infidels or vnfaythfuls that be not baptised be not bouÌ„d to the lawes of the churche but yet they be bouÌ„de to the ordinance of the lawe of god And therfore if any infidels shulde coÌ„tracte within the degrees forbydden in the .xviij. chaptre of the Leuiticall contrary to the lawe of god whether both .ii. or one of them be conuerted to the feythe they may not byde styll to gether in suche maryage but if they haue contracte with in the degres prohibite by the ordinaunce of the churche they may abyde styll to gether if bothe of them be conuerted and tourned to the faithe or if the one be tourned and there is hope that the other also wyll be conuerted ¶ More ouer and beside all these thinges the same saint Thomas where as he goth aboute to shewe what is the Popes auctoritie and what thynges be in the Popes power what thinges be not The Pope saithe he hath full power in the churche that is to be vnderstanden that the Pope may dispense with all maner of thynges that be institute ordeined by the church or by the prelates of the churche for these be tho thynges whiche are saide to be of the lawe of man or of the lawe positiue which be no suche maters that they binde of them selfe but only by cause they be coÌ„maunded But in suche ordinaunces whiche be of the lawe of god or of the lawe of nature the Pope hath no power to dispense bicause these lawes haue strengthe and vertue by the ordinaunce of god and they be vpon suche matters that be necessarie of their owne selues vnto the helthe of mannes soule And vnder this maner these lawes muste be obseruid and kepte in all cases and euery man is bounde to kepe them without dispensation For lyke wyse as in the comune lawe of man no man can dispense but he of whom the lawe hath auctorite strength that is the maker of the lawe or els he to whoÌ„ the maker of the lawe hath giuen suche power so in the statutes of goddes lawe whiche be of god haue their auctorite strength of god no man hath power to dispeÌ„se but only god or he vnto whoÌ„ god hath specially gyuen suche power auctorite For euery maÌ„ of what so euer auctorite or power he be is in coÌ„parison to the lawe of god euen as a priuate ê‘son hauiÌ„g no power nor auctorite is in coÌ„parison to a comun lawe of the people Nowe the lawe of god is what so euer beloÌ„geth to the new lawe of the gospell orels to the olde lawe of Moses but this is the differeÌ„ce bitwen the two lawes for the olde lawe did appoynt set fourthe many thinges and gaue many preceptis about ceremonies and outwarde thinges perteyning vnto the honour of god and also diuerse preceptes of iugementes that do serue for to kepe iustice amonge men but the newe lawe of Christe and the law of the gospel the whiche is the lawe of libertie and fredome hath no suche determinations appoyntmentes or boundes but is contente with preceptes instructions of good maners of the lawe of nature and with the articles of the faythe and with sacramentes of grace And for this cause it is called the lawe of faythe the lawe of grace bicause it dothe determine whiche be the articles of the faithe and what is the vertue of the sacramentes As for al other thinges whiche perteyne to the determinacion and certeyne orderinge of suites and iudgementes betwene man and man orels to the orderinge of the seruice of god Christe the maker of the newe lawe did leaue them frely to be determined ordred by the prelates of the church and by the princes kinges that haue the rewle of Christes people wherfore all suche maner determinations and ordinances do perteyne to the lawe of man wherin the pope hath power to dispense but those thinges that be onely of the law of nature and in the articles of the fayth and in the sacramentes of the newe lawe he hath no power to dispeÌ„se for that shulde not be to haue power for to meynteine the truthe but to haue power to distroye the truthe ¶ And a littell after he sayth that the apostel in his doctrine gaue instructions two maner of wayes for some thinges he taught not as his owne but as publisshing vnto them the lawe of god as is this If you be circumcised Christe shal helpe you nothinge at all and many suche other thinges and in these the pope hath no power to dispense And certain thinges he techeth as makinge ordinances by his owne auctorite power For he saith whaÌ„ I come I shal set an ordre vpon the other thinges Also he coÌ„maunded that the getheringes of money for pore people shuld be done on one of their holy days or days of reste the whiche perteyneth not to the lawe of god And like wise also where he writeth that he which is bigamê° or twise maried shulde not be promoted to presthod that is not of the lawe of god but an ordinaunce by the auctorite of man gyuen vnto hym by god ¶ And hytherto we haue rehersedde the wordes of Thomas Nowe beside hym Altissiodorense saythe thus Euery persone is laufull to contracte mariage with any other ê‘son by the lawe of nature a fewe excepte as the father and the doughter the mother and the sonne whiche were except at the beginninge And excepte those persones also whiche be except by the Leuitical For those preceptes that be there be no iudiciall preceptes but moral and perteininge to vertue and good maners ye and we calle them morall preceptes or rules of vertue not of mans teachynge but euen of nature And we saye more ouer that al preceptes of moralite naturall can not be chaunged nor dispensed withal as touchinge the substance of vertues But by the lawe positiue or the lawe of man matrimonie in tymes passed hath ben forbidden vnto the .vii. degree of consanguinitie or kynrede but nowe a dayes onely vnto the .iiii. degree ¶ Ageyn Peter of Palude resoninge whether the pope hath auctorite and power for to releasse dispense with these Leuitical prohibicioÌ„s The pope sayth he hath no power to dispense in the fyrst degree of affinite no more than he hath in the fyrst degree of consanguinitie bycause that it is contrary to the lawe of Nature and of god also For we do reuerence vnto our fathers wyues as we do to our owne mothers Maryage also is forbydden by the lawe
man is made good And as for those iudicial lawes serued not but onely to the orderynge of the Iues amonge them selfe and in those thynges onely that belonged to particular Iustice. The lawes morall haue of them selfe a naturall and morall cause generally to all nations why they were made but there was no cause why the iudiciall lawes of god were made but only the state or condicion of the Iues. The lawes moral be perpetual and vnchaungeable by the consent of al nacions and so remayne and endure by cause they haue their strength and power by the teachynge of naturall reason so illightened although they were neuer commanded by none other lawe These iudiciall lawes be vsed and accustomed onely by ordynaunce ⧠The syxte Chaptre BVt of the licht and trouth of our two worthye groundes principilles that is the definicion of the lawe morall and the lawe iudicial of the whiche two we wyll make a sylogisme or perfecte reason we haue spoken sufficientely Therfore nowe we wyll go forthe with other thinges that pertein to our purpose and shal endeuour our selfe to shewe and declare that tho Leuiticall prohibitions whereby we are forbydden to marye our brothers wyfe and to shewe his filthines is a lawe moral comminge of nature And this thinge we shall brynge to passe perauenture if we make you a reason out of the definitions after this maner ¶ Euery sayenge of god that commaundethe honeste thynges and forbyddethe vnhoneste thynges whiche the naturall reason of man clered by the lychte of the worde of god commaundeth to be done or to be eschewed accordynge to the rule and teachynge of generall Iustyce or vertue and that hath auctoritie and strength euen by naturall reason onely all thoughe it hadde neuer ben ordyned by none other lawe is a lawe diuine morall and naturall But these Leuitical prohibitions be sayenges of god that do forbydde vnhonest thynges whiche the natural reason of man lychtened by the worde of god commandeth to be eschewed after the rule of generall iustice and vertue and haue their auctoritie and strengthe euen by naturall reason onely all thoughe they had neuer ben forbydden by none other lawe Therfore they be godly morall and naturalle lawes ¶ But if that any man here by chaunce wyll by his crafty witte reason and bolde stubbournely that some of those thynges whiche we haue taken to proue our cōclusyon with all be not trewe the texte and the order of the historie and of the place that we haue before rehersed out of the Leuiticall shall sone ouercome him ¶ For truely fyrst of all that those lawes be sayenges cōmaunded to the reasonable creature not by the wyl of man but by the auctoritie or teachynge of god hym selfe the maner the tyme and causes of theyr institution or fyrst ordynaunce do playnely declare yea and this thinge also that is so often rehersed there declareth sheweth the same that is I your lorde god So that we nede no more to doubte of the auctor or maker of these lawes ¶ Seconde the vniuersall catholyke and apostolyke churche hathe shewed that those lawes were taughte vs by the spirite of god and by god by cause that the churche hath putte the .v. bokes of Moses and amonge them the holle boke Leuiticall in the noumbre of these werkes whiche by vndoubted vsaunce and consent of longe tyme the churche hath approuedde and confyrmedde to haue ben wrytten by the spirite of god This same thinge truely the sacre holy coūsayles the honorable Seanis haue decreed the holy fathers priuatly euery man in his workes hath iudged the same thinge till this day hath ben beleued and receiued of all christian men And forsothe seynge that the catholic church hath approuid this thing as strongly as can be and hath publisshed and wytnessed the same openlye to all the worlde that those prohibitiōs the which we nowe speke of be expressely and plainly written in the boke Leuitical and that the boke Leuiticall which can not erre nor lye dothe playnely shewe and declare that these lawes were shewed and spoken by the spirite of god through the mouthe of Moses to the people of the Iues truely no man can say naye but that these Leuiticall lawes be oracles or sayenges that came oute of the mynde of god nor were not made by the ordinance of any man ¶ Thirde and that these Leuitical prohibitions be sayinges whiche do forbydde suche thinge that of it selfe is nought and agayne honestie and suche a thynge truly as the naturall reasone of man lychtened with the licht of the worde of god dothe shewe shulde be auoyded that is to saye the fylthy foule and shameful couplynge with our brothers wife the pith strēgth of this word MAN sheweth declareth by the whiche worde it is signified that they which so come to their broders wife be no lōger men but brute bestes in so moche that god calleth it fylthines a mischeuous and acursed dede abhomination and infamy and a thynge vnlaufull that any man shulde mary his brothers wyfe And this thynge is playne also by cause that god dothe threten to punysshe greuously and sharpely the breakers of these lawes that is to saye that they shall be blotted and cleane wyped out of the myddes of his people and that they shulde be spued out of their lande and they shall dye without chylderne and yet we wyll not speake one whit of the more greuouse and sorer punisshementes For marke wel god threteneth .iij. maner punysshementes to the breakers of these lawes fyrste temporall punisshmente that they shall be caste and banysshed out of their countrey Seconde that they shal be without children whiche punisshment cometh onely of god And thyrdly euerlastynge punysshement that is the banisshment of the soule out of the company of god for euermore For as this seyinge to be put oute of the myddes of his people meaneth not that we shulde be punysshed by any bodely deathe but that we shall not be reckened nor compted in the nombre of saintes or of chosen people And not onely they were thus punysshed but also their bastardes that came of suche forbydden mariages whiche in Hebrewe be called Manzer were forbidden the temple for the Iues call him Manzer whiche is begotten by any of these forsaid fylthy couplinges reken him as a bastarde and borne of an harlot All these trewely were thoughte vnworthye and vnmete to come in cōpany of the people whiche was gathered to kepe and celebrate the feastes and holy dayes or vnworthie to haue any thinge a do or any office in the churche of our lorde wherof this thynge semeth to haue come vp that nowe vnder the gospell bastardes can not be promoted to holy orders ¶ Therfore seynge that god him selfe here doth plainly pronounce and gyue sentence that the Chananes and the Egyptions did defile their lande and spotted it with filthines while that they didde contracte mariage with their brothers wiues and that he for that
feyth beleue and truste what to knowlegynge of synne what to holynesse what to perfection to rightnes to equitie and conscience to loue and charitie breuely what thinges before god are taken for cleane or vncleane fyled or vnfiled comely and acceptable abhominable and cursed holy and vnholy All these thynges teacheth the sayde lawe of god And the historie of Moses concernynge the sacrament of matrimony is after this maner and forme folowynge ⧠The fyrste chaptre GOd that is best and almightie after that he by his power whiche can in no wise be expressed had made heuen erthe and all thynges that be conteyned within the compasse of the same and at the laste had made Adam also he sawe accordynge to his incredible knowlege and wysedome that it was nat conueniēt nor yet good that Adam shuld leade his lyfe in Paradyse solitary and all alone without company and destitute of all helpe and comforte for god made hym naturally to lyue in amitie and frendship in loue and good wyll and hadde grauen nowe alredy in his soule with his fynger of the holy goste certayne generall vnder standynges perceyuynges and knowleges the whiche shulde nat onely moue and sturre hym to the loue of god and man to amitie and frendeshyppe and to other dueties dedes and offices of vertue but also shulde greatly helpe and strength hym make hym able and of power to performe and fulfyll those same offices of vertue after suche maner as they ought to be done Therfore god soone after he hadde made Adam cast hym in a deed slepe and toke out one of his rybbes of his side and made it a womā And whā he had broght her vnto Adā had coupled them straitly to gethers by the bōde knot of mariage by and by he made the lawes of mariage sayenge by the mouth of Adā Nowe this bone of my bones and flesshe of my flesshe For the which cause a man shal leaue his father and mother and shall stycke vnto his wyfe and they shall be two in one flesshe or body or two shall be made one flesshe or bodye But the deuyll hauynge enuy at their felicitie by and by came vpō them by subtiltie and suche crafte as can nat be tolde and dyd nat ceasse tyl he had allured them into the snare of synne And therfore they were owtlawed and dreuen forthe of Paradyse and were cōpelled to till and labour the erth There when they had applyed them selfe to brynge forthe children and nowe by proces of tyme the multitude of men was increased vnto an infinite noumbre god seynge that moche was the malyce and vyce of men in the erth and that all the thought and mynde of the herte of manne was sette and bent euermore and at all tymes to noughtynesse and synne in so moche that they toke them wyues at aduentures whome so euer they hadde chosen sparynge or forbearynge no maner degree of affinitie or kynred oure lorde repentynge hym selfe that he hadde made man brought in the waters and Noes fludde vppon the erthe and slewe all the flesshe in the whiche was the spirite of lyfe vnder heuen excepte those fewe whome he commaunded to go in to the arke or shyppe of Noe the whiche fewe whanne after the drownynge of the worlde they were called out of the shyppe abrode that is to witte whan that our lord was atone ageyne with mankinde he gyuyng his blessing to Noe his children whan he was about to publisshe vnto them agayne the lawes of maryage Fyrste and before all thynges he commanded them to do their dutie in mariage and to encrease and multiplie and fyl ful the erthe But after this whan certayne hundredes of yeres were paste and nowe the children of Israel after theyr departyng out of Egypte where they hadde dwelled of a longe tyme had ben in the wyldernesse .lx. dayes more or lesse and had pyght their tentes ageynste the mounte of Oreb and there our lorde had shewed vnto Moses with wonderfull religion and fearefulnes nat onely the commaundementes and iudgementes the whiche he wolde to be gyuen to his people but also had instructe hym at large of the buyldynge of the tabernacle and of the ornamentes of the same of sacrifice doinge and of bole bourned sacrifice and of the place and tyme of the same of the prestes of the kynred of Leui of the difference of meates of the clensynges of leprijs and of other mistycal thinges in the whiche outwardly appered a shadowe of feythe and of good maners not the very thynge in dede our lorde called Moses vnto hym agayne out of the tabernacle of witnesse or promyse and by cause that the tyme was euen at hande for the people of Israhell to entre into the londe that god hadde promysed them he commaunded Moses ageyn that by his worde and cōmaundement he shulde admonysshe the people of newe of kepynge the moralle preceptes and that perteyne to good maners and to the orderyng and wel rulinge of theyr lyfe and that he shulde make them playn and open vnto them after the moost largest and playnest maner that he coulde Therfore by cause that god dyd study and dyd care before al thinges that his people whom he had chosen for his owne propre flocke shuld with suche chastitie and pure holynes as becometh kepe their matrimony the whiche is in honour and reuerence amongest al folkes And bicause they shulde kepe their beddes vnspotted and vndefiled nor shulde nat pollute them selfe with suche maner of mariages as he had abhorred and had in abhominacion nowe of longe tyme amongest the hethens had ryghtfully be reuēged vpon them by mooste greuous punysshementes bycause they were vncharytable incest and a cursed our lorde cōmaunded Moses that he shulde prescribe vnto his people lawes of matrimoni that shuld be cōformable and agreing with honestie and shamefastnes naturall and that he shulde vtterly forbydde suche maryages whiche had foulenes and dishonestie in them And therfore our lorde vsed these wordes vnto Moses in the .xviij. chaptre of the Leuiticall sayenge O Moses speake vnto the children of Israhell speke and tell them nat thy worde nor thy commaundement but myne For I my selfe their very lorde and god do teche them this and this commaunde them that they lyue nother after the abhomynable custome of the Egiptiens from whose miserable bōdage I haue delyuered them into perfecte and full libertie by my valiaunt arme and myghtie power nor yet after the vngracious vsages and maners of the Cananees whose lande I wyll gyue vnto them and wyll brynge them into it ▪ but that they from hensforth obserue and kepe my commaundementes my iudgementes and my lawes and that they folowe them and lyue after them For besyde other myscheuous vices this thyng also is leful and customable amonge those hethens to myngle or marye them selfe by moost shamefull luste and plesure of their bodyes with women that be most nyest of their bloud and of their affinitie puttynge no
mariage haue in them the auctoritie and maiestie both of the lawe of god and of the lawe of nature and that by very good ryght and reason Amonge the whiche Popes be princypally Calixtus Zachary and Innocent the residue we will not speake of For Calixtus when he was asked why the maryages of kynsfolke were iudged to be vnlefull he answereth Bycause saith he that both goddes lawe and mans lawe hath forbydden them And truely goddes lawe dothe nat onely cast out the childerne whiche were gotten in suche maryages but also dothe calle them accursed and the lawes of manne do calle them infamed persones and do putte them backe from their fathers herytage Further Pope Zachary aunswereth in this maner vnto Theodore the bysshop of Tycin or Pauy askynge counsayle of hym whether that the god doughter might be maryed with the naturall sonne Thy holy brotherheed saythe Zacharie knoweth right well that our lorde did cōmande Moses sayenge Thou shalte not discouer the foulenes of thy father or mother or syster for it is thyn owne foulenes Seinge therfore that we are cōmanded to absteyne from our owne kynrede carnall moche more it is cōuenient that we shuld with all straytenes beware of her that is our faders doughter spritual which place the gloser expoūding doth argue that the Pope al though he wold can not dispēse ī the .ij. degre of cōsanguinite nor yet ī the .ij degre of the fyrst maner of affinitie for the ij degre of cōsanguinite and of this affinite hath his beginning of the lawe of nature And agayne bicause the same degre is forbidden expresly in the old testamēt of god ¶ Furthermore holy Pope Innocent the third also when the king of Hungary had cōplained vnto him of the bisshop of Quiclesiense that he shulde haue misused him selfe with his owne nece he wolde gyue no eare to suche cōplaint For who sayth he can lyghtly beleue that the bysshoppe of Quinclesiēse wold be turned to so shameful passion that he wold cōmit abhominable incest with his owne propre nece seinge that euen after the myndes sayenges of the hethens the lawe of nature dothe not suffre that we shulde suspect any greuous crime betwene suche persons ¶ And the same Pope also folowynge the holy constitutions of the emperours in this poynt For the same consideration dyd make a lawe that prestes myghte kepe theyr moders their doughters and their sisters germayns within their houses ¶ Furthermore the same Pope whan the archedeacon of Byturs sent vnto him to knowe whether that wyfe whiche was departed from her husband without iugement of the church bicause her husbande and she were in so nygh degree of kynred that the sete apostolike coulde nat nor yet was nat wont to dispense with it ought to be restored agayn to her husbande answereth on this maner This woman sayth he which doth knowe the kinred betwene her husbande and her specially in those degrees whiche be forbydden by the lawe of god can not haue to do carnally with this her husbande without deadly synne For all that is not done with faythe and good conscience is synne and what so euer is done agaynste our conscience dothe bylde to hell warde And therfore it were but foly to yeue iugement in this case that this woman shulde be restored agayne to her husbande by cause she oughte not in this poynt to obeye the iudge contrarie to god but rather shulde mekely suffre to be excommunicate For if she shulde be restored agayne vnto this man there shulde ryse a marueylous perplexe and intricate difficultie for she shulde be bounde to do her duetie to her husbande bycause of the iudges sentence and agayne she ought not to do it bycause of her owne conscience seing she knoweth that she is of his kinred And so it shulde come to passe that they shulde be greuously combred and a snare shulde be set for them both to bring them to helle seynge that they can nat carnally come to gethers nor yet be maried the ton with the other Therfore seythe he as often as kinred is obiecte within the degrees forbidden by the law of god it is thought best that iudgement be gyuen that restitucion be made as concernyng al other thinges but as concernynge bedde and carnall medlynge restitucion must vtterly be differred seinge it is better for bothe parties to be discharged in their consciēce vnder this maner than by the other wey to remayne in charge and cumbraunce of conscience And Innocent doth cōfirme in the foresaid place this iudgement of his by dyuers reasons fyrst by the answeres of two Popes Lucius and Clement of the whiche the one vtterly denieth that there shulde be made any restitution in the foresayde case and that they oughte in any wise to knowe of the exception that is whether they be in suche degre of kynrede or no before they come to the article of restitution wherby she shuld be restored home again to her husbande ¶ And the other Pope all thoughe he graunt that she shulde be restored yet whan that is opteyned he thynketh hit is not lefull for the manne whiche dothe knowe of his kynrede betwene hym and the woman nother to paye the duetie of mariage ageynste his owne conscience nor yet that he can require the same of the woman Bicause saythe he if he shulde do it he buyldeth to hell warde no more then he can that is maried to his kynsewoman hath knowlege of his kinrede although there be no questyon nor doubte moued vpon his maryage but onely his owne knowlege and conscience ¶ Furthermore Innocent confirmed his sayenge by a commune opinion and determynacyon of the Canon lawes by the whyche doubtlesse hit is determyned that in degrees of kynrede forbydden by the lawe of god there shulde be no waye to restytution by cause that in those degrees there canne be no dyspensacyon But in those degrees the whiche be forbydden by the lawe of manne there maye be fulle and effectuall restitucyon bycause in these degrees there maye be dyspensation Nor be dothe not synne whiche in this artycle dothe paye the dette of maryage at the commaundement of the Churche ¶ And trewely manye other thynges there be wrytten of the same holye man for this pourpose in other places but our boke wolde growe to an excedynge greatte volume if we shulde wryte them all And these thynges that we haue shewedde gentyll indyfferente reder do clerelye open vnto the what these good Popes haue determynedde vppon these Leuitycall prohybytions of matrymonie whiche is this that they do bynde of necessite bycause they be both of the lawe of god and of Nature so that they iudge that they ought of necessite to be obserued both amonge christian folkes and amonge infidels and the vnfeythfuls ¶ Now besyde al this we shal proue the same by the auctoritie of holy counsayles For doubtles in the counsaile of Tollet it is decreed in this wyse we decree that no faithfull man shall desire to
were forbydden to meddle mary with them that be nexte of their bloud But amonge the Iewes this lawe of naturall loue and affection scant did passe the thirde degre of consanguinite but amonge vs vnto whome the tyme of correctyon and amendement is come by whome god hath corrected and amended the worlde and brought it to perfection whiche shal not be changed loue hath growen and encressed and honestie greatly aboūded and multiplyed and for to be token and declare the perfectiō of the gospell that nombre of 3. is doubled hath extende it selfe in to .6 whiche is a perfecte nombre stondith by his owne partes euen as the trueth of the gospell stondeth by it selfe alone nedeth nothinge elles to vnderset and staye it vp ¶ But here thou wilte leye to my charge say that there were in the olde tyme certaine good vtuos men which for certain honeste causes did presume auenture to break disteine euen the firste secōd degre of cōsāguinite as before the lawe did Abrahā Isaac Iacob which lately before had ben disseuered cōmanded to go aparte frō other naciōs for auoidinge the couplinge mariage with the same nacions and so did mary with them that were nexte of their bloud and this was done before the lawe was gyuen and after that the lawe was gyuen Caleb gaue Axam his doughter in wyfe to his yonger brother Othoniel for a rewarde of victory whan he conquered and ouercame the cite of Letters And also Thamar kynge Dauids doughter whan she was oppressed of her brother Do not brother sayd she but aske me of the king my father and he wyll nat denye the. The which kyng Dauid truly that was said to gyue the syster to her brother in wyfe was father to them bothe wherfore where as I say they dyd presume vpon some certain honeste causes and consyderations that chaunsed yet for al that christian religion the perfectnes that ought to be in a christian man wyll iudge nothynge to be honest that is ageynst the honestie of nature ¶ Lo here thou haste my mynde what I thynke in this question of thyne saythe saynt Ancelme If thou be pleased and cōtented it is well if it displease the I shall lyghtly get forgeuenes and perdon of the. ¶ In this opinion also be Hugh Cardinal Raufe Flauiacensis Ruperte Tuitiensis Hildebart Cenomanense Iuo Carnotense all bysshops and one water of Constance archedeacon of Oxeforthe And trewely the first two Hugh Cardinal Raufe Flauiacense expoundinge the .xviij. chaptre of the Leuiticall shewe howe that chaptre dothe hange with tho thinges that go before Many misticall thinges say they hitherto the lawe hathe gyuen to the olde people of the Iues to obserue and kepe wherin onely was a shadowe of our faith and maners not the very truth in dede and as for here the lawe instructeth and teacheth the people and gyueth them mo preceptes wherby they may knowe what belongeth to good maners to vertue and honestie For those thynges that folowe here must be euen so vnderstanden as they be spoken wherwith the people whiche had nowe betaken them selfe to an other lorde and maister is informed and taught to the intent that they for theyr lyttell power shulde endeuer them selfe to do some good nor shulde not be content with the heuye bourdon of bondage and to be vnderneth sacremētes or signes and tokēs of sacre holy thinges the whiche shulde signifie and betoken iustyce and goodnes not in them selfe but in other men Euen lyke wyse as if a Currour or poste shulde carye any kynges letters into farre countreis by the whiche he shal shewe other what they shall do and yet he shal not do the same him selfe And this same Flauiacense a litell after saith thus Al though saith he that these mariages here forbydden in forne yeres at the begynnyng of the worlde had a certaine facion of their holines neuertheles bicause in processe of time the vertue of continence and chastitie and refraynynge of bodily luste and pleasure was to be promoted set forwarde and encreased and the licence and lybertie of mariage to be restrayned more straytely and not so at large as it was wonte this Leuiticall lawe was made to forbyd suche maryages betwene them that be nygh of kyn and of affinite for the encreasse of honestie and vertue bicause that it was more comly to absteyne from suche maryages And who so euer after this goddes forbod presume to enterprise any such mariage he is a transgressor of the lawe and doth ron in to the abhominable crime syn of incest ¶ Forther more Rupert also If thou askest sayth he whiche be those vncleanly beastes spoken of in the olde testament that god doth hate they be these you shall not do after the custome and maner of the londe of Egypt where as you haue dwelled nor after the custome and vsage of the countrey of Chanaan into the whiche I shall brynge you And afterwarde he sheweth their customes saynge No man come nygh to her that is next of his bloudde For these verely be the vnclenly beastes these be the caroginous and stynkinge beastes whiche the people of god is bounde not to eate that is not to admitte them in to their company For all those persones that do such thynges that commit suche vnclenly and vnresonable beastly vices that discouer the foulenes or preuities of their mother or father that discouer the shame of their syster other by the fathers syde or by the mothers syde those men I saye that do these thinges and in any maner of meane discouer the foulnes of their kynsfolke and do vncouer the foulenes or priuities of a womā that hath the floures that haue a do with their neighbours wyfe that gyue of their sede vnto the image of Moloche and do translate it vnto hym by fyre these and al suche other workers of wickednes be defyled and vncleane vnto whom nothing is cleane For these thynges accordynge to the true sayenge of the gospell do defyle and pollute the mā For that that cometh into the mouth as meate and drinke doth not defyle or pollute a man And we waste no time in these forbiddinges that be here rehersed to serche out the depenes profoundnes of mysticall meaninges or vnder standynges of these wordes for they be plainly iuste and rightwise and the reason why they be so is open and playn at euery mans eie and easye to se by cause they do bryng great rest and quietnes of conscience to the herers but rather I shulde haue said to the doers and the folowers ¶ More ouer Hugh of saint Victore saith thus The fyrst tyme whan god dyd make mariage he dyd forbydde vs onely to contracte matrimonie with .ij. persons that is the father and the mother afterwardes whan he ordined mariage the secōde time whiche was done by the lawe he dyd excepte certayne other persons both bicause nature shewed vs that it was
comely so to be also for the increase of shamefacidnes and chastite Therfore I thynke that excepte these foresayde mariages where in nedeth regarde of shamefacidnes and chastite to be had bicause of the horriblenes and foulenes of the same that in al other if any man by ignorance vnwittingly by chaunce offende in any woman as longe as he doth not knowe it no man can denie but hit shall be called a lefull mariage if that it be lefully done after the determination of the churche so that I excepte euermore all suche maryages in the whiche we muste nedes haue regarde of shamefacidnes and chastite Therfore let no man obiecte vnto me the mariages bitwene bretherne and systerne or any suche other with whom if any persone do mary ignorantly and vnwittyngly this ignorāce can not excuse them in that thynge that they do These be horrible and terrible and no reasonable nor excusable dedes in the which though there be any thing done by ignorance yet for all that shamefastnes and chastite is disteyned and loste ¶ Besyde all this saynte Hildebart somtyme the bysshoppe Cenomanense in a certayne epistle to the Archebisshoppe of Roan wryteth vnder this maner As your letter sheweth waters doughter of Meduan whiche is maryed to the coūtie of Moriton men saye that she is very nygh of bloudde vnto him and before that the forsayde persones were maryed to gethers water secretely came and tolde me of the kynred betwene them and craftly did aske me counsayle what I thought in it He thought it very good he sayde if loue and charite that shulde come by this mariage myght cease the warre that the Erle had cruelly made agaynste him of longe contynuaunce He sayd more ouer that you and other prelates of your prouince had a certayned him by writynge that this abhomination of kynred myght be suffred for this entent that he the Erle whiche had ben longe at warre myghte come to peace and quietnes wherevpon he desyred also the consent of our churche Cenomanense vnto the mariage that was then to come that by the auctorite of that church also he mighte stablysshe and make sure his doughters mariage if that at any tyme it shulde fortune a diuorse to be sued agaynst her but he could in no meanis make me to agre to it nor I coulde in no wise perfectly beleue that your wisdome had fallen into the symplenes or vndiscretenes of them whom the apostoll dothe rebuke by cause they sey Let vs do noughtly that therof may come good And therfore as for my parte I was ware and circumspecte He requyred my consente and I sente hym worde that I wolde neuer agree vnto it nor wolde not suffre for regarde or consyderation of any cause of dyspensation that coulde be persons of kynred or affinitie to contracte vnlefull and forbidden maryage And it shal be longe to his cure and charge into whose parisshe or diocese it is knowē that this woman is departed to withstōd and be agaynste this mariage euen vntyll it be diuorsed ¶ Agayne the same Hildebart was ones asked of the bisshoppe Sagiēse and of an other certayne Archidiacon if two were spousyd and hande faste to gether and the one of them dyed whether the persone aliue may enter matrymony with the syster or brother of the deade he aunswered on this wise If credēce be to be giuē to mē of auctorite mariage is made by consent not by myngynge of bodies wherfore saynte Ambrose sayth She that is despoused or hath made promyse vnto the man hath taken the name of a yoked or maryed woman For assone as she doth yoke her selfe by promyse vnto the man and he to her agayne then this promys of bothe sydes taketh the name of yokinge or maryage not whan the mā knoweth her by hauinge to do with her For it is not the takynge a weye of the floure or beutie of the womās virginite that maketh the yocke but the bargayne agrement cōsent to be yoked For whan the womā is yoked by her promise or is handfast then is the yokynge or mariage not when the man dothe knowe her by hauynge to do with her ¶ Furthermore Isodore writeth They be called more truely yoked to gether for the fyrste fayth and promise of spousage all though they be ignorant of medlynge to gether ¶ Also Nicolas writing to the bisshoppe Higmare The onely consent sayth he betwene them of whose mariage thou doutest is sufficient by the lawe The whiche consent alonely if it lacke in mariage than all that euer is done besydes forthe is of none effecte yea though they haue had to do to gether as Iohn̄ Chrisostome the great doctour doth witnesse whiche saith VVIL maketh mariage not medlynge to gether And therfore it is written in the Ciuill law in the boke of the constitutions If a man vpon affection and mynde to marye leade a woman home to his house before there be any wrytynges made of the dowery that he shall haue with her lette hym not be so bolde to diuorse her frome hym tylle he hath shewed a laufull cause of diuorse These thynges sayth Hildebert if thou had diligently considered forsoth this mayden shulde not haue entred maryage with that man vnto whose brother she was coupled before by solenne mariage and was ioyned vnto him by cōsent all though dethe not loked for dyd lette the secresis of mariage For who so euer do contracte suche matrymonie in no case can be suffred by any dispensation but must be punisshed by the rule of iustice and right And of suche mariages as these be thou shalte fynde in the counsayle Triburiense A man was handfast to a woman with whom he coulde not haue the secretes of maryage that same woman his brother dyd priuely defyle and gette with childe It was decreed determined that how be it she coulde not be maried to the brother that was her leful husbande yet for al that the other brother that had got her with childe can not haue her bicause she had made promyse before to his broder but both he she that haue cōmitted adultery let them haue the punysshement of their fornication and let them not be denied to vse lauful mariage the man to mary laufully to whom he wyll and the woman also For our fore fathers by cause that maryage shulde be done with honestie and the mariage bedde without spotte and vncleannes they haue very diligently prouyded here before that a woman whiche had made promysse and was spoused vnto the one broder coulde not be maried to the other broder and he that was confederate or be trouthed to one sister shuld not mary the tother sister For by suche libertie and licence through the crafte disceite of the deuyl there might come many vnhonest beastly or incestuous mariages whiche be ceassed al the while that the forbiddinge of the lawe is obserued ¶ And to the selfe same purpose saint Iuo sometyme bisshop Carnotense wrote vnto