of all the holle worlde if his conscience pricked hym for suche incest wyll not feare the terrible iudgement of god Fyrst leest he shulde prouoke and brynge vpon hym selfe the vengeance of god as dyd the sonnes of Cain the whiche were drowned in Noes floudde by cause they did fouly abuse their systers and their brothers wyues as approued doctours do saye Seconde lest he shulde be constrayned to flee his countrey and his children either to be distroyed or disherited lyke as the kynges of Canaan were serued and as it came in tyme paste to the kynge Iechonias Finally leest that after this lyfe he fall also into the tourmentes of euerlastynge punisshement For here you se before your eies the sacre holy lawes of god here you se the lyuely prophecyes and wordes of excedynge vertue and strengthe the whiche be more persynge as Paule sayth than any double edged sworde whiche ronnethe through til they haue diuided the life and the soule and haue deuided the ioyntes the mary whiche wordes seing they be so playne and open that if any man will adde and put any thinge vnto them it shulde be ieopardie leest he shulde be reproued and founde false and a lyer accordynge to Salomons sayenge Forsothe it becometh a christen harte more to regarde the wordes and auctoritie of god whiche so doth forbydde so hath in abhominacion so dothe punysshe and reuenge suche matrymonie that is contracte with the brothers wyfe than any maner auctoritie of men or any felicitie of this worlde that shulde brynge a man to so great vice and vngodlynesse to so great dedly remorse and tearinge a sondre of a mans mynde and conscience For who doth nat vnderstande that we ought rather to obeye god than man and that hit shall be smalle proffyte to a man if he wynne all the worlde and lose his soule For if he lose his soule he leseth his body also And truely it is a heuy wynnynge for the whiche a man leseth hym selfe that is to saye his bodye and his soule into euerlastynge damnacion ⧠The seconde Chaptre THerfore all thoughe a good and a christen reder after that he hath ones sene these sayenges of god can not resonably desire any thyng more to moue his cōsciēce that he shud surely beleue that he can nat breake this Leuiticall forbyddynges that a man shulde nat marie his brothers wyfe without greuous sinne and transgression both of the lawe of god and of the lawe of nature also we neuerthe lesse wyll brynge forthe also wytnesse of the lawe of the gospell suche as shall be thought to helpe for the clerynge of this matter and also we shall shewe what the sacre holy counsayles and the best lerned and moost approued doctours of the churche haue iuged in this matter And first of al the auctoritie of saynt Iohn̄ and saynt Paule doth maynteine and confyrme the sentence of these vniuersities The auctorite of saynt Paule where as he gyueth his iudgement that christen men euen at this tyme are bounde to kepe that other Leuiticall lawe that a man shulde nat mary his stepmother whiche law was made and publisshed in the same place the same text by the same sprite and the same selfe tyme that this other law was that a man shulde nat marye his brothers wyfe And Paule calleth that vnclenlines or fornication vtterly agaynst Nature and beastly that a man shulde marie his fathers wife Ageyn the auctoritie of saint Iohn̄ is playn where as he openly rebuketh Herode the kynge sayenge It is not leful for the to haue thy brothers wyfe For what so euer the interpretatiō or vnderstandyng of those wordes is whether they be vnderstande of his brother beyng a lyue or deed yet this thynge is sure as it is also sene to great lerned men that saynt Iohn̄ dydde take those wordes out of the Leuiticall boke And by cause that those thynges whiche he did saye shulde haue the more auctorytie strengthe and vertue he pourposely did rebuke and reproue the shamelesse incest life of Herode not bi his owne wordes but by the wordes of god For it shulde haue bene to no pourpose to haue layde any crime to kynge Herodes charge for this thynge vpon any other cause seinge that Herode was an alien and an heathen and therfore was not forbydden by none other lawe wherby he myghte not marye his brothers wyfe ye and thoughe his brother had lefte .x. childerne by her for as the prohibitions of the lawe Canon they were nat that tyme made the lawe Deuteronomi dyd bynde the Iues onely wherfore seinge that this no doute most rightfull sentence of saint Iohn̄ was giuen agaynst kynge Herode an hethen man generally and without any exception lymitation or distinction nor hit is nat restreined vnto the wyfe of his brother lyuyng or of his brother leauyng children what other thynge shulde we thinke that saynt Ihon̄ did meane then that this Leuiticall lawe that a man shulde not marie his brothers wyfe dothe indefferently belonge vnto all men as well hethens as Iues by cause it is merueilous agreable with naturall reason and that all christē men are necessarely bounde vnto the obseruatyon or kepynge of the same as well as they be to the kepynge of the cōmandement of god and of nature For though we graunte that Moses lawe was not taken a wey specially amonge them vnto whom the gospell was not yet shewed vntyll suche tyme as the gospell and this happy tidinges of Christ was published and openly declared vnto them yet all that euer is conteined in Moses lawe as many as belonge either to iudgement or to cerimonies they were deed by and by and of no strength vnto them which all redy did knowe and did preache and teache that Christe grace or fauour of god and the gospel was come And truly it is not reasonable to beleue that Iohn̄ wolde haue vsed suche witnesse or that he wold haue shedde his bloudde and haue died in the quarell to maintaine the truth of those lawes whose credence auctorite he knewe well before that they were allredy vaneshed a wey of nomore effecte or at leste that they shulde ceasse and be takē awey sone after Furthermore Paule dothe greuously rebuke the hedes and rulers and the comunalte of the Corynthes by cause they suffered one of the citye of Corinthe to be conuersante amonge them vnpunyshed whiche beynge blynded I wot not by what errour parauenture by pretence of lybertie of the gospell hadde takē his stepmother to wyfe Ye and more ouer he dothe condempne the same selfe felowe vnto the most greuous punishemēt of excōmunication not so moche by cause he had done agaynst the lawe as bycause he hadde done ageinst nature saynge that is suche fornication as is not euin amonge the hethens whiche be led or ruled by the lawe of nature menynge no doubte that nature dothe abhorre that one the same selfe flesshe that is to sey the fader and the son
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
persones so coupled to gether maye forsake suche maryages And if they wyll not take the good lernynge and counsaile of theyr bisshop but wyl folowe their owne voluptuous plesure than at the last the bysshoppe ouchte to plucke forthe his spirituall sworde of excommunication and cursyng and to shake it vpon suche persones and to be take them to the diuol to the punisshement of their flesshe so that their spirite or soule be saued in the day of our lorde Iesus accordynge to the coÌ„maundment of Christe and the exemple of Paule For els howe shal these prelates do the dutie of bysshoppes and ouerseers as they oucht to do if that for the cruelte thretes of the popes they shall not dare calle backe theyr shepe in to the waye of truthe that be out of the wey and loste for whom they shal gyue a compte in the terrible and dredefull iudgement of god Or how shal they escape the greuos sharpe punysshementes of god with the whiche god thretneth them that wyll not shewe the wycked synner his fautes nor wyll not crye and gyue warnynge whan they se the swerde commynge that the synner may be conuerted froÌ„ the wronge wey to the richt wey and to the trouth I AM alyue saith our lorde bycause that my flocke is rauysshed and my shepe deuoured of al beastes of the felde bicause they had no herdeman nor ouerseer For trewely the sheperdes soucht not for their flocke that that was weake and feble they did not streÌ„gth that was sycke they didde not heale that was broken they dyd not bynde to gether and that that was lost they did not seke for it BEHOLDE saith our lorde I shall aske a count of my shepeherdes for the death of my flocke and I wyll cause them to ceasse and to feade my flocke no lenger ¶ And nowe euin as bisshops for bicause of their office and duetie oucht not to here or obey the popes coÌ„mandmentes in those thinges that we haue rehersed before euin so truely al other christian men be thei neuer so meane or of lowe degre as many as beinge toucht by the holy gost do ones playnely perceiue that they do kepe suche mariages as be incest they may yea and are bounde for the loue and religion that they owe to god not only to breke streicht wey suche mariages but also with a stable and stedfast stomac and suche as a christian man oucht to haue be bonde to with stande and resyste valiantly the Pope all thoughe he wolde threten them by a M. cursynges and excoÌ„munications that they shulde do the contrary ¶ For there be two lawes saith pope Vrban one public an other priuate And the public lawe is that whiche hath ben confirmed by writynge of the holye fathers The priuate lawe is the lawe that is written in mennes hartes by the inspiration of the holye goste as thapostoll speaketh of certeyne VVHICHE haue the lawe of god written in theyr hartes ¶ And in an other place he sayth VVHAN the heathens which haue no lawe do NATurally that is to say by the inspiration of the holy goste onely without any lawe writen tho thynges that the lawe commandeth they be the lawe to them selfe Therfore if any of these saith Vrbane hath people in his gouernaunce vnder the bysshop in his churche and dothe lyue secularly and if that he inspired with the holy goste wyll saue him selfe in some monasteri or amoÌ„ge regular chanons bicause this man is moued by the priuate lawe of his conscience that is by the motion of the holye goste there is no reason that he shuld be bonde to the public lawe For the priuate lawe is of more dignitie than the publike lawe FOR doubtlesse the spirite of god is the lawe and THEY that be ledde by the spirite of god be ledde by the lawe of god and VVHAT persone is it that can of richt withstande the spirite or holy goste Therfore who so euer is led with this spirite lette hym go his wayes free euen by our auctoritie yea although his bysshop say nay FOR there is no lawe nor bonde made for a richtwyse and a good man but where as is the spirite of god there is libertie and fredome and IF ye be led with the spirite of god ye be not vnder the law that is to saye if we folowe the motion of the holy spirite and of our conscience we be not vnder the commune lawe whiche euer ouchte to gyue place to the pryuate law For in tho thinges that be forbidden by the lawe of god we must obey our conscience and in other thinges the churche Nowe fyrst the churche can not binde any persone to synne by her commaundement Seconde it can not be auoyded but that suche persons whiche by the lawe of god nature be vnlaufull to marie and yet be coupled by mariage or at the leste that is presumed to be mariage do lyue in synne onely excepte that they be maried by ignorance and that by such ignorance as could not be auoyded Finally Paule saith HE that putteth difference betwene meate and meate if he eate then he is condemned by cause that that he dothe is not done with faith and good conscience For all that is not done with faith is synne ¶ Of these .iij. reasons it foloweth that al christian men if their priuate conscience lichtned with the holy gost and knowlege of holy scripture as it ought to be hath moued them vnto it they may without any ieopardie yea and are bonde to make a diuorse with her whom bothe nature and the lawe of god doth forbid them to haue to their wyfe and to delyuer them selfe from that vntrue and onely presumed and preteÌ„sed mariage the coÌ„mune lawe what so euer it be notwithstandyng and coÌ„mandynge the contrary Lykewise as a secular preest moued by his owne conscience and not by any lichtenes or inconstancye maye laufully go to an other bysshoppryke ageynste his owne Bysshoppes wylle no maner of decree of the fathers to the contrarye withstandynge and as a regular professed or the bysshoppe of a churche thouch his prelate and the pope be ageinst it maye laufullye go to a streyter maner of lyuing the coÌ„mun lawe notwithstanding and byddynge the contrarye For suche a one as Innocente sayde after that he hathe asked lycence of his prelate to go his waye vpon his priuate lawe whiche is to be preferred before the commun lawe he is absoyled and losed and may frely fulfyll his purpose of a more holier lyuing the sayenge nay and frowarde forbiddyng of his indiscrete prelate not withstandinge For who so euer abuseth the power that is giueÌ„ him deserueth to lese his priuilege And euen so it is in the maryage that if a mans conscience moue him to diuorse that he diuorse hym selfe thoughe the churche say coÌ„trary For truly al though the churche doth not declare suche maner of diuorsis yet the churche is bonde of deute to declare them to bid openly such diuorsis to be made And all though the Pope by his prepensed expresse acte doth not agre to this diuorse yet for all that by his secrete acte of duetie he vtterly agreeth vnto it ¶ AND HITHERTO we haue shewed well and sufficieÌ„tly by very many reasons as far as it perteyneth to this pourpose that the prohibition THAT we shulde not mary our brothers wyfe whiche is deade without issue is not suche a ê“hibition as stondith by constitution of man but as nature fyrst did plant in mannes mynde and afterward chastite and reuerent sham facidnesse hathe kepte it before the lawe and our lorde shewed it vnto his chosen people by Moses and such as the custome of christian men with great consent and agrement of them that vseth it hath from the beginnynge of the christian fayth many yeres folowed and obserued whiche hath so often ben renewed by counsayles receiued and confyrmed by latter lawes And fynally we haue proued that the Popes auctoritie can not stretche so far that he may dyspense with suche maryages whether they be made all redye or be yet to be made The whiche thinges moste gentyll reder bycause we truste they will so satisfye and content the that we thiinke it but labour vtterly loste to seke for ayde any farther in this matter either of holy scripture or of the decrees of the churche or of the determinatioÌ„s of the vniuersities that be in Italye Fraunce and Englande or of the suffragis and voycis of the greatteste lerned men that be as yet there be a great many behynde it semeth to vs beste here to conclude and make an ende of our worke and not to tary the any longer in rekenninge them vp And this one thinge moste indifferent reder we beseche the for the loue that thou haste to god to vertue goodnes that as thou seest the consente and agrement of so many vniuersities the fauour and studies of so great lerned men to bende and inforce them selfe so louingly and religiously onely to mainteine and defende the auctorytie of the lawe of god that thou agayne bothe with thy lerninge and auctoritie will farther and set forward theyr enterprises wylles and desires by all meanis that thou canste remembrynge howe fearfull and greuous that punisshement is whiche Christe threatenith them withall that vsurpe and wrongfully take vpoÌ„ them the key of godly cnowlege lerninge nother they them selfe do entre in to it and yet do let stoppe out other whiche do all that they can to breke in to it ¶ Imprinted at London in the house of Thomas Berthelet printer to the kinges most noble grace the .7 day of Nouembre 1531 CVM PRIVILEGIO
The determinations of the moste famous and mooste excellent vniuersities of Italy and Fraunce that it is so vnlefull for a man to marie his brothers wyfe that the pope hath no power to dispence therwith The determinacion of the vniuersite of Orleaunce NOt longe syns there were put forth vnto vs the college of doctours regentê of the vniuersitie of OrleaÌ„ce these .ij. questions that folowe The fyrste whether it be leful by the lawe of god for the brother to take to wyfe that womaÌ„ whom his brother hath lefte The secoÌ„de and if this be forbydden by the lawe of god whether this prohibition of the lawe of god maye be remytted by the pope his dispensation â–ª we the forsaid college of doctours regentê accordyng to our custome and vsage came many tymes to gether and dyd sit diuerse tymes vpon the discussinge of these forsaid doubtes and questiones and dyd examine and wey as moche as we myght dyuerse and many places both of the olde testameÌ„t and the new and also the interpreters and declarers bothe of the lawe of god and of the canon lawe And when we had weyed and coÌ„sidered all thinges exactly and with good leyser and deliberation we haue determined and concluded that these forsaid mariages can not be atteÌ„pted nor enterprised except a man do wronge and playne coÌ„trary to the lawe of god yea and that all though it be done by the pardon and sufferaunce of the pope And in witnes of this coÌ„clusion and determination we haue caused this present publike writynge to be sygned by our scribe of our sayde vniuersite and to be strengthed and fortified with the seale of the same Inacted in the chapell of our blessed lady of the annuntiation or of the good tidinges that she had of Christis comynge in Orleance the yere of our lorde .1529 the .5 day of Aprill The determinacioÌ„ of the faculte of the decrees of the vniuersite of Paris IN the name of our lord so be it There was put forth before vs the Deane and college of the ryght counseilfull faculte of decrees of the vniuersite of Paris this question whether the Pope myght dyspense that the brother myght mary the wyfe that his brother had lefte if maryage betwen his brother nowe deed and his wyfe were ones consummate we the dean and College of the forsaide facultie after many disputacions and reasons made of bothe sides vpon this matter and after great and longe tournynge and serchynge of bokes bothe of the lawe of god and of the popes lawe and of the lawe Ciuill we couÌ„sel and sey that the pope hath no power to dispense in this forsayd case In wytnesse whereof we haue caused this present wrytinge to be strengthed with the seale of our facultie and with the signe of our scribe our chefe bydell Gyuen in our coÌ„gregation or assemble at saynt IohnÌ„ Lateranense in Parys the .25 day of May the yere of our lorde .1530 The determinatioÌ„ of these .ii. facultes that is of the Popes lawe and the Ciuill lawe of the vniuersite of Angewe NOt longe tyme sins ther were proposed vnto vs the Rector and doctours regentes in lawe Canon and Ciuile of the vniuersite of Angewe these two questions here folowynge That is to witte whether it is vnleful by the lawe of god and the lawe of nature for a man to mary the wyfe that is lefte of his brother and that departed without childerne but so that the mariage was coÌ„summate And ageyne whether it is leful for the Pope to dispense in suche mariage we the fore said Rector and doctours haue accordynge to our custome and vsage many tymes commen to gether and sytten to dispute these questions and to fynde out certaynly the treuth of them And after that we had discussed and examyned many and dyuerse places as wel of the lawe of god as of the lawe of man whiche seme to perteyne to the same purpose and after that we had brought many reasons for bothe parties and examined them all thynges feythfully and after good conscience consydered and vpon sufficient deliberation and auisement taken we define and determine that nother by the lawe of god nor of nature it is permitted for any Christen man no nat euin with the auctorite of the seate apostolyke or with any dyspensation graunted by the pope to mary the wyfe that his brother had lefte all though his brother be departed without chyldren after that mariage is ones fynisshed and consuÌ„mate And for witnesse of all these forsaide thynges we haue coÌ„maunded our scribe of our fore sayd vniuersyte to sygne this present publike instrumeÌ„t and it to be fortified by the greatte seale of our sayde vniuersite Inacted in the churche of seynt Peter in Angewe by our college the yere of our lorde .1530 the .7 day of May. The determination of the facultie of diuinitie of the vniuersitie of Paris THe Deane and the facultie of the holye diuinitie of the vniuersitie of Paris to all them vnto whom this pÌ„sent wrytiÌ„g shal come wyssheth safetie in our sauiour Christe whiche is the verye trewe safetie where of late there is rysen a controuersie of great difficultie vpon the mariage betwene the mooste noble Henry the .viij. kynge of Englande defendour of the faythe and lorde of Irelande c. and the moste noble lady Catharine quene of Englande doughter of the Catholike king Ferdinande which mariage was nat onelye contracte betwene her and her former husbande but also consummate and finysshed by carnall intermedlynge this question also was proposed vs to discusse and examine accordynge to Iustice and treuth that is to say whether that to marie her that our brother deade without chyldren hadde lefte be so prohibite by the lawe of god and of Nature that hit can nat be made lefull by the popes dispensations that any christian man shulde marye the wyfe that his brother hath lefte we the foresayde deane and facultie callynge vnto our remembraunce howe vertuous and howe holy a thynge and howe agreable vnto our profession vnto our duetie of loue and charitie hit is for vs to shewe the waye of Iustyce and ryght of vertue and honestie to them whiche desyre to leade and passe ouer their lyfe in the lawe of our lorde with sicker and quiet conscience wolde nat but be redy to satisfie so iuste and honest requestes whervpon after our olde wonte we came to gether vpon our othe in the churche of saynt Maturin and there for the same thynge had a solempne masse with deuout prayer to the holy goste and also we toke an othe euery man to delyuer and to study vpon the foresayde question as shulde be to the pleasure of god and accorgynge to conscience And after diuerse and many sessions or syttynges whiche were had and continued in the churche of seynt Maturin and also in the college called Sorbone froÌ„ the viii day of Iune to the seconde day of Iuly when we hadde serched and examined throwe and throwe with as
difference betwene them and other women Therfore I wyll haue my people to be very farre from their maners and conditions And therfore I myn owne selfe theyr verye lorde and god saye vnto them coÌ„mande them that no maÌ„ so hardy to come nye any woman that is nere of his bloud for to discouer her foulenes or shame as to his owne mother to his step mother to his syster to his nece to his aunte or fathers syster to his mothers syster to the daughter of his son in lawe to the daughter of his daughter in lawe or to his wyues syster Also no man shall take the wyfe of his brother and no man shal discouer the foulenes of his brothers wyfe bycause it is the foulenes of his brother For who so marieth his brothers wyfe dothe a thynge that is vnlefull he shall be without sonnes or heyres male Therfore lette nat my people be polluted with none of these thynges with whiche all the hethyns be defyled whome I shall cast out before their faces and with whom that lande is polluted and I shall visite loke on the mischeuous sins of that lande that it shall vomette and spewe forth the inhabitantes of hit Lette them kepe my lawes and my iugementes and se they do none of all these abhominacions whether he be of the countrey borne or a tyll man that is a straunger amonge them For the dwellers of this lande whiche were in hit before them and haue polluted hit haue done all those cursed thynges Therfore let them beware lest that whan they haue done like thingis the lande vomet spewe them out likewyse as it hath vomet and spewed out the nacion that was there before them For euery soule that shall do any of these abhominations shal perisshe from the myddes of my people nor shall nat be rekened amongest my holy people ¶ And trewly hytherto we haue shewed you by a certain breue exposition and that only vpoÌ„ the feythe credence of the most approued doctours that be and also as shortely as we coulde almost all that euer is prescribed and commaunded in the olde testament by the mouth of god hym selfe vpon the begynninge and fyrst ordynaÌ„ce of maryages and of the lawes thereof and more ouer vpon the impedymentes or lettes of maryage by the meane of kynrede and affinitie the which haue place at this day wherby it may easely be perceyued that suche an impedyment of mariage is expressely fouÌ„de in the holy scripture wher by persones be made vnlefull to contracte matrimonie that is to say the impedimeÌ„t by nerenesse of bloudde as Moses called hit by the whiche we vnderstande bothe them that be of kynred and them that be of affinitie also and that nat generally in al kynsfolke but specially in those degrees and persons whiche bothe we haue rehersed and they be expressely rekned vp in the foresayde .xviij. chaptre of the Leuiticall And by the same foresayde thynges a man may also well se that no man can pretende any colour or cloke or fynde any maner of cauillation wherby that man which hath maried his brothers wyfe shulde nat be iuged of all the holle people nat onely to haue contemned and dispised god the whiche hath with so great maiestie coÌ„maunded the contrary but also to haue offeÌ„ded by infectynge and corruptinge the maners of the people by suche a mischiuous example to haue done agaynst the lawes of nature and also to haue broken fouly and vngodly the ryghtes and holy kepynge of shamefastnes and mariage finally to haue hyndred vniuersally the propagacion and increasynge of loue and charitie betwene christen people For who so euer wyll consyder aryghte and accordynge to reason the order the strength and vertue of these lawes and also the wyse intent and reason of the makinge of them he shal sone perceiue howe true it is that we haue seyde And first of al consider howe greatly these lawes of matrimoni do helpe for the maynteininge exercise of vertue of chastite of clennes of holynes puritie of mariage of natural demurenes shamefacidnes reuerence that ought to be betwene kynsfolke specially in mariage of propagacion or increasement of loue and charite and finally of diuers other dueties offices and dedes of vertue whiche both of them selfe be honest good and besydes forth be necessary also to the purchasing obteining of euerlastinge felicitie Ageyn ponder how god most of power and most best doth exhorte in a maner by certaine obtestations or affectuous harty desiringes prayengê nat only the Iues but also the strangers that lyue after Moses lawe to perfourme and fulfyll these foresayde lawes nat onely for his benefites and goodnes that they haue had shulde haue of him but also for his owne auctorite and maieste which is most great and in no wise to be disobeyed Ouer beside al this consider with howe great strengthe weyghte of wordes and with howe great care and thought god in decreenge these lawes doth often reherse sayeng â–ª It is nat for a man it is foulenes it is mischeuousnes it is cursidnes it is abhomination it is nat to be spoken it is nat lefull it is agaynst the very lawes of god breuely hit is fylthye and sklaunderous that any man shulde do any suche thyng â–ª Last of all for a conclusion consider what and howe greuous punysshementes god dothe threten them with whan he dothe require of them the kepyng of this lawes ye and more ouer how sore he hath taken vengeaunce and hath punysshed the hethens by cause they had contracte cursed mariages within these degres and that before this lawe was made And he dothe threten also lyke and not a whitte lesse punisshementes vnto the Iues and hethins that professe the Iues lawe if at any tyme they dyd coÌ„mitte like enormities Forsoth if any man will wey well and examin these foresayde thynges religiously and with good conscience so as they oughte to be howe shal he nat streight approue and allowe the conclusions and determinations of those Vniuersities and to thynke certaynely that it is forbydden bothe by the lawe of god and the lawe of Nature that any christen man shulde take to wyfe his brothers wydowe For seynge that these prohibitions as we shall here after more largely declare were hallowed founded by god hym selfe vpon the feare of god vpon the treuthe vpon iustice vpon holynesse and equite and conscience on feyth apon perfetnesse and ryghtnes and on charite and for to declare and open the knowlege of our synne for to declare the knowlege of the grace and fre goodnes of god for clennes for comelinesse finally for good reasonable and holy obedience or seruice of god and suche as shuld be to our lorde god pleasaunt and acceptable what man hauynge pure conscience in his soule doth not iudge suche forbidden mariages to be incestuous foule vncleane abhominable and a cursed before god and manne And what man ye though he were gouernour
p̄tēdest in thy letters that by this lawe of god mariage betwene suche pledges or childerne as thin be is suffred sins that it is not forbidden And I sey plainly that it is forbidden For sithins that those thynges whiche be not so greuous vices be forbydden as that we sayde of brother children moche more this I thynke is forbydden where is moche nerer kynred For he that byndeth vs to flee the lesser dothe not set vs at libertie for the greatter synne but byndeth vs the more Than if thou thinke it is permised for this bicause it is not forbidden specially and expressely and by name no more thou shalt not finde this thynge forbydden by the wordes of the lawe that the father shulde not take his doughter to wife And is it lauful therfore by cause it is not forbydden ye nothinge so It is forbydden by the rycht of nature it is forbydden by the lawe that is in euery mans hert and conscience it is forbidden by loue and charite which by long vsage custome bi continuance proces of time hath gottē this thinge by p̄scription which forsoth is not to be broken it is forbiddē by title richt of nigh kinred howe many suche great thinges shalt thou fynd not forbydden expressely by the lawe that Moses made and yet the same be forbidden by a certeine playne expresse cōmaundement of nature ye and ageyne how many thinges be there whiche are lefull to do and yet not expedient All thynges be leful but al thinges do not bylde and edifie That if the apostoll dothe calle vs backe from those thinges that do not edifie how can we trowe that suche a thinge is to be done that is not lefull by the sayenge of the lawe nor yet doth not edifye by cause the ordre of pitie loue and charitie is agaynst it and it agaynste the ordre of loue and charitie For what is more solemne or more customably and reuerently obserued than the charitable kysse betwene the vncle and the nece whiche he oweth to her of duetie as to his doughter and she to him as to her father Shalt thou then go and make this innocent kysse of loue and charite in the whiche is none offence nor suspycion of euyll to be suspecte whyle thou dost intende suche mariage And wilt thou take aweye from thy dere pledges or childerne so deuout and religious a sacrement and holy token of pure and naturall loue And beside al this what a great confusyon of other wordes shulde there be thou one man shalt be called of one womā graundefather and father in lawe She also shall be called of the by contrarye names as nees and doughter in lawe Also the brother and sister shal borow contrary names For she shall be her brothers mother in lawe and he shall be sonne in lawe to his syster Shall the nece be maried vnto her vncle or mothers brother and shall the pure loue and charite of thyn innocent children be tourned in to lusty and carnall loue But thoughe thou suffre the commaundement of god go by at the leest wise thou shuldest haue regarded the cōmaundementes of the Emperours of whome thou haste hadde great honour and preferment For Theodos the emperour forbadde the brothers and the syster children to comme to gether in the waye of matrimonye and hathe establysshedde verye sore punisshment if any person be so bolde to disteyne the brethers dere gages and yet brothers chylderne be in equalle degree nor the one is not superyour or as it were parent vnto the tother as in thy children wher the vncle shuld mary his nece By cause brether childerne be in a maner bretherne and sistern cōming al of one parentes if it were for nothing els yet for the reuerence that they owe to the same parētes the Emperour wolde haue them absteine from marieng the one with thother If thou say that it hath ben dispensedde with all by god and though it hath yet is this no p̄iudice or president vnto the lawe For that statute that is made in commune and generally for al if it be releassed it helpeth hym onely to whome it appereth to be releassed and none other And though we rede in the olde testament that some man called his sister wyfe yet this was neuer harde that any man shulde take his nece to his wyfe and shulde calle her his mate Nowe furthermore that is the gayest thynge of all where thou denyeste that thy nece is nere of kyn vnto her vncle thy sonne by cause she is not of kynne vnto him by agnation or by her fathers side but onely by cognation or by her mothers syde as who saith that belly brotherne that is they that be gotten of dyuers fathers and of one mother myght make a maryage and yet these persones be not of kynne by the fathers syde but only by the moder side wherfore no remedi thou must go from this intent and purpose whiche if thou mightest atteyne yet shuld it neuer increace thy familie or linage ¶ The seconde doctour that we mencionid is saint Hierome which writeth thus what kyn thinge is this that Abraham a iust a good man toke his fathers doughter to wyfe seing that the fyrst men which were Adams children though they dyd so in dede yet for the holynes of mens eares the scripture dothe not expresse it but wylleth it rather to be vnderstanden than spoken the thinge is so abhominable And seinge ageyn that god afterwarde ordeyned a lawe for it wherin he threteth that who so shal take his sister other on father side or on mothers syde and shall se her foulenes it is a rebuke and shame he shall be dryuen out of his countrey in sight of his owne kynne he hath vnhilled the priuities of his syster he shall receyue his rewarde for his sin This saint Hierome speaketh ▪ as if he wold say that this Leuitical lawe that a man shulde nat marye his syster is so grounded on naturall reason that not onely Abraham ought to haue kepte this lawe and that before it was publysshed in wrytynge but also as many as professe the same faythe beleue and truste in god that Abraham had and that all faithfuls in Christe ought to haue ¶ Laste of all saint Augustine where he goth aboute to confounde and ouer come Faustus that sore ennemye to Christes faythe whiche leyde it for a foule vice and punysshable that christian men at that tyme wolde nother admit nor yet abyde to here the lawe of Deuteronomi ones to be spoken on that a man might mary his brothers wydowe his brother beyng dead without children aunswerethe to Faustus on this maner Certayne lawes of the bokes of the olde testament we do nat kepe nowe a dayes bicause suche lawes were made onely to be a shadowe of thynges that shuld folowe And these lawes though they were conuenient and fit to be commaunded and suffered for that people and for that tyme yet we nowe a dayes that be christian
bothe parties and confirmed by their vowe and promis it can not be iustely required afterwardes of other of them and yet for all that the sacrament of maryage stondethe euen in this case stedfaste and sure wherof the carnall couplynge is nother cause of the vertue and goodnesse of it whan it is there nor can not take away the vertue and perfectnes of mariage if it be not there And therfore this onely consent and agrement of their myndes is thoughte to vpholde and contynewe this vnpartable conuersation and lyuynge to gether And this consent was ordyned for this cause that this company of the tone with the tother the whiche was begonne betwene them by this consent and agrement shulde not be suffered to be broken at any tyme as longe as they were bothe alyue ¶ So that now reder as thou hast seen by these two auctours it is playne and open that not onely the fyrste degree of consanguinitie and affinite but also the fyrste degre wherin maryage is forbydden for a Iustyce grounded onely vpon acertayne commune honestie and comelynes is forbydden by the lawe of god in the Leuiticall and can not be dispensed withall by men ¶ And that this thynge is very certayne and trewe thou mayste take this for a good profe that Alexander in tyme passed the thyrde Pope of that name hadde leauer to suffre Henry a citizin of Papi to be periured than that he wolde take vpon hym the auctoritie to dispense with hym for his othe by the whiche he hadde bounde hym selfe to marye a maydden to his yongeste sonne whiche hadde bene made sure before to his eldest sonne nowe beynge departed For he aunswered the bysshoppe of Papi on this maner Bycause saythe he that it is wrytten in the Leuiticall that the brother can not haue the brothers spouse we commaunde the that thou suffre not this fore sayde Henry to fulfyll his purpose and that thou compelle hym by the ordre of the churche to do penaunce for his vnleafull othe ¶ wherfore seynge that these thynges be thought trewe to so many and so discrete auctours that it is not laufull for a man to marye his brothers spouse howe moche more vnlaufull oughte we to thynke this thynge that a man shulde marie his brothers wydowe with whome his brother hadde carnally a do and that he shulde vncouer the priuities of her whiche before is one flesshe with his brother not onely by the bonde of mariage selfe with the other brother but also by reason of carnall commixion and medlynge with the same And therfore doubtles euery man ought greatly to approue and commende this determination of these vniuersities whiche do holde and conclude that to marye her whom the brother departed without children hath lefte is so forbydden by the lawe of god and also by the lawe of Nature that the Pope hath none auctorite nor power to dispense with suche mariages whether they be contracte all redye or for to be contracte excepte perauenture there be any man whiche hath a pleasure to calle agayne into lyghte olde reproued errours and heresies that of many yeres haue ben condemned ⧠The fyfte Chaptre THus nowe we haue rehersed and shewed before faithfully and truely what the sacre holy auctorite of the olde testament and the newe what the vse and custome consente or agrement of the hole christian churche what the Popes what the doctours interpreters and declarers of holye scripture finally what the assent of wise and wel lerned men both in mans lawe and in goddis law do thinke and iudge of these Leuitical prohibitions and specially that a man shulde not mary his brothers wyfe And we doubt not but that these auctorities and iudgementes be of suche strengthe that there is no reasonable nor indifferent man but they ought so to satisfie his iugement and conscience that he shulde desyre no further proues vpon these conclusions of the vniuersities and vpon this sentence that they haue determined and decreed but that these foresayde thynges be sufficient and able to defende them vtterly from all maner of cauillation Howe be it for as moche as ther be some that loue well reasons and there be many and that stronge and inuincible reasons the whiche maye seme to lyghten and declare this sentence of the vniuersities and also greatelye to confirme and proue the same the nexte thynge that we must do nowe is to vse the helpe of them also in this matter and to bringe forthe shewe some of them as we toke vpon vs and promysed before to do All the doubte and question of this our matter is dissolued and vndone rather by definitions and by shewynge playnly what euery thynge is than by argumentes and reasons For this question is growen and spronge vp by the errour and false opinion of men that were ignorant and did not knowe the very true and naturall propertie or propre nature of the lawe of god the lawe of nature and of the lawe morall And for this cause firste of all it shal be very well done and necessari to define and to shewe proprely and certaynly as a man wolde say by a certayn portrature what goddis lawe is what the lawe morall and the lawe of Nature is And to sette these definitions as ye wolde say for certayn principalles and chiefe pointes of our disputation of the whiche we may take all our reasons and proues And we wyl not folowe here the scrupulose and curious labour and diligence of some men whiche diuide and drawe into ouer many gobettes and peaces the true signification meanynge and nature of these wordes Surely we wyll not medle with no suche thynges whiche all though they seme at other tymes quicke or sharpe and maye gyue and shewe to thorny crabbed and comberous wittes stertyng holes to skape out bi if at any time their armi be brought into a streyte yet doutles as for this matter they do nothinge but make it darker and incombre mens iugement And if this treatise that hereafter foloweth gentyl indifferent reder shall seme vnto the somewhat strange and harde yet hardely take the peyne to rede it and I doubte not but thy labour shall not be so great but the profet hereof shall be moche more not only for the vnderstandynge of this matter but of many other whiche be very necessarie for christian men to knowe Therfore to come to our purpose the definition of goddis lawe is this ¶ The lawe of god is the worde or minde of god cōmāding thinges that be honest or forbidding thinges that be cōtrary to honestie whiche lawe the sacre holy vniuersall churche hath of longe time by her auctorite receiued cōfirmed as other beinge sowed plāted in the resonable creature of god by the mouth spirite of almighty god orels shewed to him bi reuelation ¶ Here if we chance to mete with a froward and to curious a reder we feare lest that we shal not obteyne of hym that he wyl be contēt with
cause dyd greatly abhorre them and dyd mooste richtefully take vengeaunce vpon them and punysshed them most sharpely it can be none other wyse but it muste nedes folowe that god hath iudged this thynge to be shamfully vnhoneste and of them selfe as they sey morally euil nought and also ageinst the richtnes of naturall lawe and reasone yea to be abhominable and abhorred For wherfore elles wolde god haue punysshed so greatly and so greuously the Chananeis and the Egyptions for these synnes and mischeuous dedes For truely it was neuer harde that the transgression of the iuditiall or ceremonialle preceptes whiche onely were giuen to the children of Israel dyd at any tyme so greatly displease god that he wold vtterli distroy them therfore For seing the iudicial ceremoniall lawes haue no power nor strēgth to binde vs but onely after they were made truly the same prohibition breakinge of the whiche god euen amonge the heathens yea and that before the lawe was made dyd so greately abhorre and turne his face from it can not be iudiciall but plainly morall as that is agreinge with the very teaching of nature and that shulde be written in euery mans herte al though in some men it be blotted out with wickedde and noughty maners and vngracious custome For els what reson shulde that be and what richt or conscience to punisshe for doinge that thinge that is not forbydden by any lawe For as god is not wonte to punisshe iniustly and ageinst right so he is not wont to punisshe but for transgression of some lawe And as for the Egyptions and the Chananeis at that tyme had no lawe of god written but the lawe of nature whiche ought to haue ben writen in their hertes ¶ But if any body wil say here that these wordes wher he calleth them mischeuous abhominations and also these punisshementes and thretes whiche he puttethe there belonge not to the first prohibitiōs whereby we are commaunded to auoyde mariage with them that be of our bloud but that they ought to be referred to the latter prohibitions here let hym diligētly marke cōsider the order processe of the xviii Chapiter of the Leuiticall and what the lawe maker intēded to do in it and after what maner he hath diuided and parted the order of his holle matter and at the laste let him compare and set to gether the forsaide .xviii. Chapiter with the .xx. of the same boke and there truely he shall perceiue that the saide .xviii. Chapiter of the Leuitical euen throw out partly doth moue vs partly dothe teache vs. He moueth his people of the Iewes to absteyne from the most cursed and vngracious maners and customes and from such thinges as amōge them were taken for laufull and this his intent he setteth forthe in the beginnynge of the chaptre And afterwarde leste the people as yet rude and vnlerned by cause they knewe not the lawe shulde haue ben ignorant and not haue knowen from what maners and lawes they shulde refrayne them selfe he toke vpon hym the office of a mayster and whan he had reckened vp their mooste vngratious facions of maners he teacheth them from whiche maners they shuld absteine streycht after whan he had made an ende and performed the office of a teacher he tourneth hym backe agayn to the crafte and policie of dissuading and moueth them to abstein from the forsaide crimes partely for feare of punisshemente partly by the examples of the Chananees and the Egiptiens of whom he sheweth that he toke great vengeance and punisshementes by cause they had spotted and defyled them selfe theyr land and countrey with these vngracious vices Nowe if the lawmaker had vnderstonde this laste ende of the chapiter on the latter prohibitions only by and by he shulde haue fallen oute of his purpose as though he had forgotten in the laste ende of the Chapiter what he intended in the begynnynge And trewely thus he shulde haue done in a maner as vncomly as if ani sory oratour or preacher in the begynnyng of his oration or sermon wolde promysse that he wold dissuade men to absteyn from all vices and afterwarde whan he had dehorted and moued the people from one or two vices wolde go his wayes leauing the reste and so mocke and deceyue the expectation of the herers ¶ And also he shall perceyue this that here where as the lawemaker gothe aboute to dehorte the people of the Iewes to absteyne from tho thynges that were laufull amonge the hethens he doth calle them cursed abhominations and so augmenteth and increasseth the greuousnes greatnes of them so that he iudgeth euery one of the crimes to be sufficient to thruste out the Chananeis from their seates natural countrey For as for adulterie or the synne agaynst nature was neuer laufull amonge them but these inceste and beastely mariages why than shuld we not thinke that the lawemaker did meane on the fyrst prohybitions and why shulde not the wordes of abhominacion and execration and lykewyse the peynes punysshemētes there put belonge as well to them as to the latter prohibicions Certaynely in the .xx. Chapiter this is the laste prohibition of all that we shall not marye our brothers wyfe And streyghte after that followeth all these thynges the gentyls and hethēs haue done and therfore I did abhorre them so that it is resonable fyt for vs to beleue that the lawemaker dyd myngle and confoūde to gether these thinges a purpose and for the nonste doubtles to th entent that we shulde perceyue vnderstonde that thei were al to gether acursed and all worthy of punisshement ▪ ¶ Furthermore it semed to the holye fathers whiche were chiefe heedes in the counsayle Tolletan and Agathense that these peynes and punisshemētes shuld be referred to these inceste beastely and vnkynde mariages ¶ Finally Isichius Rabanus Rupert william of Parris folowyng the sayd Isichius playnely dothe referre and applye those wordes and those penalties to the breakynge of this commaundement that a man shulde not mary his brothers wife And truely we haue broughte forthe hereto fore for wytnesse and confyrmation of this sentence many other proues bothe of holy counsayles also of lerned men of great auctorite and credēce so that it shal be voyde and superfluous to tary in this ¶ Moreouer that naturall reason dothe shew and proue that it is sinne and vnhoneste to couple our selfe to our brothers wyfe euen this thyng doth easily confirme and proue by cause that there was neuer nation so beastly none so without all humanite but that thei perceiued and knew that they ought this honor dutie reuerēce to theyr bretherne brothers wiues that they shuld refrayne from their mariages Many didde violate and breke this lawe For this thinge truly is wonte to be done by the fauty and vicious custome of men that folke do sacrifice euery where to idolles and slee and steale and commytte adultry and finally wycked sinners treade vnder their feate