sisters / his wifes / he mariyd the thyrde sisters doughter the whiche lady is now the frenche Kynges wife and by this lady also the sayd Kynge of Portyngaill hade yssewe whiche ys yet a lyue Wherfore we maye see that of suche mariage cumythe yssewe IN the .xxxj. leif of their boke thies pesons do aduertyse the reder to marke iij. or .iiij. thinges of Gregores sayng First that the leuitical lawes wher it is forbidden that a man shuld mary his brothers wife with the other / be the very lawes of allmyghty God / And now the same lawes be of the same strength that it is not lefull to contracte matrymoney contrary to that which is forbidâ—en in the same This saynge helpith no thinge to thies deceyuers pupose for it is not forbidden in the Leuiticall lawe that a man maye not mary his brothers wyfe a wydowe cetera As I haue often sayd before Moreouer thies persons saye that saynte Gregory writeth that the occasion of saynte Iohns martyrdome was this / by cause he wolde mayntayne and vpholde the trewth of the same lawes agaynste Herode the kynge / whiche had maryed hys Brothers wife This saynge lykewyse makith no thinge for thies persons purpose First for by cause that for a man to mary hys Brothers wyfe a widowe lefte withowte yssewe / it is not agaynste the trwthe and auctorite of the Leuiticall lawe for there ys no suche Mariage forbidden there / nor saynte Iohn did not suffer martyrdome for reprouynge of Kynge Herode / for mariynge hys Brothers wife a widowe left withowte yssewe for he did not reproue Kynge Herode for suche Mariage But he reprouyd Kynge Herode by cawse he had mareyd his brothers wife / hir husband his brother than beynge a lyue and so in that kyng Herode did agaynste the lawe of nature / and agaynst the leuiticall law / and if saynte Iohn did vpholde the trwth and the auctorite of the Leuitical lawe we must suppose that lykewise he wold vpholde the trouth of the Deuteronomicall commaundement that bound the Iues to mary their brothers wifes widows left without yssew / and than it is manifeste that saynte Iohn spekith no thinge that can make for thies menys false purpose / In the same leif thies persons do affirme that Gregory doith write that mariages whiche certayne ynglysshe men had contracte with their brothers wifes / and that euen before they had taken them saith vpon them to be so vnleful and not to be spoken / that they coulde notwithout dedly syn render the dewty of mariage one to a nother / nor yet abide stil in the same mariage Here thies persons say falsly vppon Gregory and agaynste his wordes and agaynst his minde For Gregory did admitte those ynglyshmen that had maryed their brothers wifes to be Cristen / and to retayne and kepe still theyr wifes and also to cum into the churche and receyue the blessed Sacrament of the Auter / the whiche Gregory wolde in no cause haue sufferd / yf he had Iuged suche mariage to haue ben agaynst the lawe of God and against the law of nature / nor yet Gregory wolde haue sufferd thies ynglishmen to haue continewed still with their wife 's / yf it had bene dedly syn to them to haue continewed withe their wifes And therfore ye may see that thies persons speke directly agaynste Gregoris mynde also ye shal se that they speke agaynste Gregoris wordis if ye wil loke vpon Gregory / but Gregory did exhorte and teche the ynglishemen that were new comen to the faith / that they shuld no more mary as they had done before / and made them lawes of matrimoney that they shuld not marye theyr kynswomen in the first degre of affinite or consanguinite nor in the second / nor in the thyrde / nor in the fowerthe THat they write also in the .xxxij. leif of their boke that Gregory sawe that mariage betwene the brother and the brothers wife a widowe c. of this mariage they speke to be playnly vngodly and iuged it abhominable before God and man and also agayne the nature of man / and as nyghe as can be vnto the nature aÌ„d lyfe of bestis This thies persons saye Gregory sawe and did iuge suche matrimony o to be In the whiche saynge they affirme that saynte Gregory doith blaspheme almyghty God and also his holy lawe for if Gregory sawe and iuged mariage betwene the brother and the brothers wife / to be abhominable and odious to God man / and also to be against the nature of man / aÌ„d as nyghe as can be vnto the nature and lyfe of bestis / than must it nedes folowe that saynte Gregory sawe that almyghty god in commandinge suche mariage did commaunde that thing that was abhominable and odyous to God and man / and also that thinge that is ageynste the nature of man and that thing that is as nyghe as can be to the nature and lyfe of bestis for as I haue shewed yow almyghty God did commaunde suche mariage / also by this their sayng of saynte Gregory / yt doith folowe that he sawe as myche abhominacyon in the lawe of God whiche commaundid the brother to mary the brothers wife a widow left without yssewe And if it were so / than sayncte Gregory dyd blaspheme godys lawe Here ye maye see what thies persons saye by saynte Gregory / also in the later ende of the same leif thies persons saye that saynte Gregory sawe how greuous punyshment is abydinge them whiche haue defylyd them self with this fowl syn That they vnderstande in the rehersed mariage therfore he iugede that nother peace / nor faith and Cristendome / nor any other thinge in this worlde beside forth / is of suche vertue and goodnes that is able to recompence and waye owt the maliciousnes of this dede and so forthe / withe diuerse grete and sharpe wordes as yow maye see in their boke NOw by this sayng thies persons do greatly blaspheme saynte Gregory and do saye that he blasphemithe almyghty God / for yf saynte Gregory shuld thus iuge by mariage betwene the brother and the brothers wife a widowe c. Than saynte Gregory shuld iuge that almyghty God in commaundinge suche mariage / commaunded that thing that is so abhominable and so euill / that ther is no thing in this worlde of suche vertu and goodnes that is able to recompence and waye owt the maliciousnes of this dede / Who euer harde any man saye that almyghty God wolde commaunde so abominable a thinge as these persons saye Gregory iugithe mariage betwene the brother and the brothers wife widowe c. to be And suche mariage commaundid almighty God Ancelme wherfore this in no wise may be Gregoris iugement nor mynd for Ancesme as thies deceyuers do allege saith in a Pistell / that for certain honeste causes there were holy men bothe before the law / in the law / that did mary in the
cause that almyghty God did commaund his people the iues to mary theyr brothers wifis widows left without yssew / was for by cause as yet the olde blissing of god Encreasse yow and multiply / owght to run forthe and continew This cause ys nothing worthe nor yet meyt to shewe why almyghty God shuld commaund the brothers to mary theyr brothers wyfs widows c. For yf other men beside the brothern had maryed the widows of the Iues that were left without yssew / the olde blissyng of God / Encrease yow / and multyply / myght as wel haue runnfurthe and contynewid as thowghe the Brothers had maryed theyr Brothers widowes lefte without yssew ¶ This no man can deny therfore Tertulians reason yt but small The second cause that Tertuliane doth assigne why almyghty God did coÌ„maunde the Iues to mary theyr brothers wifes widows c. was this for bicause than the children were punyshed for their fathers fawtes / and euery man nowe ys punyshed for his owne syn / this is not trew For almyghty God saith by his Prophet Ezechiel that the soon shall not be punyshed for his fathers fautes Ezech. xviij Also yt were agaynst reason that almyghty God shuld make a lawe to punyshe the childe for the fathers fautis / when the childe is innocent / and the father fautie / also yt were more agaynst reason to punyshe the childe for the fautes of his owne father natural / and for the fautes also of his father that is his father but by the law wherfore this can be no resonable cause why almyghty God did commaund the Iues to mary theyr brothers wifes widows left without yssew THe thirde cause that Tertulian doith assigne why almyghty God did commaund the Iues to mary their brotheâ—s wifis widows left with out yssewe was this bycause that the barren and dry persons were hade for defamyd persons therfore an ordinaunce was made that they shuld haue yssew by other of their kyn as you wold saye by a proctour / This cause lykewyse is nothinge worthe / for the dry and barren persons myght as well haue had yssewe / yf other persons / besides their brothern and kinsfolke / had maryed their wifes widows c. as though their brothern had maryed theyr widows / this is euydent / Wherfore thies saynges of Tertulyan do not seme to be causes why that almyghty God dyd commaund the Iues to marye their brothers wifes widowes left without yssew NOwe to the seconde poynte that I sayd I wold shewe you that this commaundment that bounde the Iues to mary always theyr brothers wyfes widowes lefte without yssewe / is now ceassed and ded that is to saye / that no man now / Iue nor Gentile / nor Christen-man is bounde to mary his brothers wife a widowe left with out yssew vnder a payne For this commaundment was in the olde lawe a Iudiciall and all those commaundements be ded and ceassed Nowe as touchinge the bonde and payne / this is trewe But yet yt folowith not of this that now it is agaynst the lawe of God and agaynst the law of nature for a man to mary his brothers wife a widow left without yssew / and that the Pope haith no power to dispence vpoÌ„ such mariage so it is false / which is the thyrde poynte the I sayd I wold shew you / to saye that this iudicial commaundmeÌ„t / that bound men to mary theyr brothers wifis widows c. ys ceassed and ded after this facioÌ„ thê° the coÌ„trary to haue place as ye may se by exaÌ„ple If a king in his realme wold make this lawe that who so euer put out a mans eye shulde lese his owne eye for it / who than coulde say that this lawe were now agaynst the lawe of god and agaynst the lawe of nature trewly no man And yet this was a Iudicial commaundmeÌ„t and lawe with the Iues the whiche is now ceassid and ded that ys to saye / it byndith no more now by that lawe And yet the same may agayne be a newe constitucion ye and likewise this commaundment myght haue be made agayne by the churche / that a man in certayne causes shuld haue bene bownd to haue maryed his brothers wife a widow left without yssew Wherfore yow maye see / that it is false to saye that this commaundment that bounde men to mary their brothers wifs widows c. ys now ceassid and ded / and the contrary nowe to haue place is false to that is to saye / that it is nowe ageynst the lawe of God and lawe of nature / for a man to mary his Brothers wife a widowe c. ALso that this is false / yt is euident bi the opynion that Tertulyane helde and did conclude vppon this sayng for Tertuliane had this opynion / that it was vnlawfull for any woman to mary agayne after the deth of hyr husband / Thus he makith his reason / the lawe is ceassid wherby a man shuld be bound to mary his Brothers wife / wherfor if a womans husband be ded she maye not mary her husbandes Brother / for that is now forbidden and she may not mary eny heythen man for that is lykewise forbidden to euery cristen woman and all Christen people be brothern in God ergo c. All this saynge is Tertulians / and of this saynge it folowith that a woman after the deth of hir husband may mary no more For first Tertuliane faith that a woman after the deth / of hir husband may not mary hir husbandes brother / for that / he saith is now forbiden / and all Cristenmen be brothern in Christe and so than by that meane they be brothern to hir husband that is dede and than she may not mary any of them / nor agayne / she may mary no heythen man / for that Tertuliane saith is forbidden also Wherfore he concludethe that no Cristen woman maye mary after the deth of hyr husband the whiche I saye is false / and ageinst the holy Apostil saynge where as he writeth / that yf a womans husbande doo dy / let hyr mary / sayth he / where she will / so that she mary a Cristen man i. cor vij And Tertuliane in his saynge / and boke that he writ it he yt in / ys conuicte and condemnid for heresy And thus I saye therfore it is false / and heretical to saye / and affyrme / that this commaundment that bounde the Iues to mary theyr brothers wifis widows c. ys now ded and ceassid and the contrary hathe place that is to saye / that yt is now forbidden by the lawe of God and by the cawe of nature that a man shuld mary his brothers wife a widow left without yssew And the Pope hath no power to dispence vppon suche mariage ALso by brynging in that heretike Tertuliane on this wife and in the boke that ys condemned for heresy / you may perceue with what spirit and consciens
spreyd abrode and sowe loue and charite by mariage amonge the people that were not ioynid togither in kynred and affinite Here ye haue hard the causes why the counsels and decreys did forbid mariage in the first / the seconde / and the thyrde / and fowerth degre of affinite and kyndred wherby ye may see that for a man to mary his brothers wife a widow ce or his nece or cosyn germane / ys not against the lawe of God / nor agaynst the lawe of nature but againste the lawe of the churche with the whiche the Pope maye dispence IN the .xxxvij. leif of their boke / thyes persones bryng in the counsaile of Necene and the synode of Gregore the yongar where it was decreyd accordinge to the wordes of God that a woman whiche had ben maryed to .ij. Brothern shulde be put bake frome communyon / and from the receyuinge of the sacrement vntyl she died / and a man that had maryed his brothers wife / shuld be an Anatheme / In the whiche synode / al to gither answeryd / Anatheme be he / that is as myche to saye as thies pestilent persones do expounde it as damnacion to euerlastynge dethe / To this sayng of the counsel and synode / I answere that theyr saynge and excommunycacion ys vnderstād to be applyed vnto suche persons as do mary them selues in suche degreys of affinite without licence of the Pope As that woman that doith mary hyr self after the deth of hir husband to hir husbandes brother and so in lyke wise / that man which maryeth his brothers wife a widowe cet For they that presume to mary on the rehersed maner / owght to be punyshed as it is a fore spoken of except that they be penitent and sory for that they haue done / ye and leaue and forsake / the men their wifes / and the women their husbandis without the Pope lycence them to mary the saide men and women that thei hade taken before / But yet the counsel and synode did not decre to punyshe that woman / whiche after the deth of hir husband / maried hir husbandis brother nor yet the man whiche maryd his Brothers wife a widow c. for by cause they maryed agaynste the lawe of God / and agaynste the lawe of nature / as it is manifest For ther is nother the counsell / nor the synode that doith decre and saye that suche mariage is against the law of god and agaynste the lawe of nature But the counsel and synode did orden and decre the punyshements before rehersed for suche persons as did presume to mary / as the woman with hir husbandis brother / or the man with the Brothers widow against the prohibicion and decre of the churche / And so nowe this counsel and sinode do not helpe thies vngracious persones false opinion / But yet if these deceyuers will saye that the sinode and counsell / or any other decre or counsell doith forbid that a man shal not mary his brothers wife a widow c. for by cause that suche mariage is against the law of God and against the lawe of nature when that they shew me this of any decre or counsell I shal be redy to make answere to it IN the .xxxij. leif of their boke / they say on this wise last of all / and for a conclusion That the sentence of Wiklif wherin he did holde that the prohibicions of matrimoney writen in the Leuitical / be onely iudicial preceptis of Moyses / therfore the causes of diuorce brought in by the meane of kinred of affinite to be brought in without ground fundacion / onely by the ordinance of man / was condempnyd as contrary to all vertu ād goodnes / as heretical / expresly agaynste holy scripture / in the great conuocation that was first at London / after at Oxforde last of al in the counsel of Constancy Here these persons saye falsly / they lye on Wicleffe for Wik lef did neu r say that al the prohibicions of matrimoney writen in the leuiticall law be but only iudicials nor the cōuocation / nor yet the counsel doith not condempne Wiklyf in the point yet if he had sayd / that al thies prohibicions of matrimoney had bene but onely Iudicials / the conuocacion and counsel to haue condempnyd hym for the same saynge / and to haue iuged all thies prohibicions to be moralles yet al thies wold no thing haue holpen thies deceuers fals opiniō For as mych as in the leuitical prohibiciōs ys not forbid◠as I often tymes sayd that a mā shal not mary his brothrs wife a widowe lefte withoute yssewe / and thus ye maye see that all that they bringe in / for them can do them no seruice IN the same leif of their boke / they say there be decres of other counsails and answers in writing of other of the popes whiche do subscribe agree to thies forsayd determinacions / and a none after this / it folowithe in theyr boke But we truste gētill ād indifferent reder / that thies forsaid rehersyd thinges shal fully content the / for thow seyst here first of all in maner an hole comen assent and agrement of the holy churche / and firthermore thow seist the Popes them selues do gyue so great magestye and godly auctorite vnto the Leuiticall prohibicions / that they doo playnly affirme and hold stedfastly that who so euer doith mary contrary to the commandment of thies lawes be not in ded man and wife nor they cannot render one to the other the dewty of matrimony without dedly syn nor they can not be togither by any iugement of the churche / thus say the Popes / all this ys these deceyuers sainge / and so with thies wordes saynges they wold swade and moue the reder to beleue that it is against the lawe of God / against the lawe of nature / for a man to marye his Brothers wife a widowe left without yssew that the Pope hath no power to dispence vppon suche mariage / but this as ye haue sene prouyd before ys verey false and where as they saye yow maye in maner se a hole comen assent and agrement of the hole churche / the whiche they vnderstand to their opinion this ys also false For the hole assent and agrement of the churche hath agreyd that the Pope maye dispence vppon mariage betwene the brother and the brothers wife widow c. And consequently that suche mariage is nother agaynst the lawe of nature for ells the hole churche / and lernyd men of the Princes and Popes counsaill / wolde not haue consentyd that he shuld haue dispenced vppon suche mariage if it had bene agaynste the lawe of God / and againste the law of nature / and thus you maye see / that thies persons saynge is false / whiche is this That the hole assent of the churche doith affirme matrimony
wif a widow left without yssewe This thies deceyuers promise to shewe and brynge in / but they do not IN the .liiij. leif of their boke / they brynge in saynte Hierome that meruelyth at the Patriarke abraham for by cause he maryed his sister seing the thinge is so abhominable / and seynge agayne that almyghty God ordenyd afterward a law for it wherin he thretenith that who so euer shal take his sister / other on the fathers side / or on the mothers side shal se hir fowlnes yt is a rebuke a shame / he shal be dryuen owt of his countre in sight of his owne kynne he haithe vnhilled the priuetes of his sister / he shal receiue his reward for his synne after this saing / thies deceuers make an exposicion vpon sainte Hieroms writing for bycause yt is not to the purpose / I let it passe / thowghe it be false / to saynte Hierome sayng I answere thus what so euer saynte Hierome saith wher they do allege him / I wolde shewe ye / that saynte Hierome doith not meruell nor iuge abrahams mariage to be euyl but doith excuse abrahaÌ„ in that he maryd his sister saynge / In the Hebrew tonge / yt soundith that Sara was abrahams sister In qÌ„sti hebraicis super gen in his excuse he sayth that at that tyme suche mariage was not forbiden by the law Here ye may se that sainte Hierome doith excuse the Patriarche abram in that he maryed his sister saith that in the tyme of abraÌ„ suche mariage was not forbidden by the lawe the whiche must be vnderstand / that suche mariage was not forbidden bi the lawe of nature For yf that suche mariage had bene lefull and againste the lawe of nature than saynte Hierome had not iustifyed and excused Abraham in that he maryed his sister saynge that suche mariages at the tyme were not foebidden by the lawe And so thus nowe yow maye perceyue that Saynte Hieroms mynde and writinge here ys / that it is not agaynste the lawe of nature for a man to mary his sister And so by this saynte Hierome is agaynst thies persones false opinion IN the .lv. leif of their boke / thies persons brynge saynte Augusten wher he writith againste Faustus the greate heretik and saythe that the commaundment of God that bownde the iues to mary with theyr brothers wifes widowes lefte without yssew / was a figure / and dyd signifie that the preachers shuld labour in the gospell to styre vp the sead / vnto his brother departyd that ys to our sauiour Crist / which died for vs. Here ye maye see that saynte Austen saith that the commaundment of God that bownde the Iues to mary theyr brothers wyues widows / was a figure / then it can not be againste the lawe of nature as to offer vp incense and to be circuncysed were figurs / yet now they be not agaynste the lawe of nature and thus Saynte Augustyn is not for these menis purpose IN the .lvi. leif / They brynge in saynte Augustyn in an other place where as he saith Althowghe in tyme past men maried thier sisters / yet that thinge was doen bycause necessite compellid men vnto it / but this thinge is not now so olde / nor was neuer so necssary but it was made afterward as damnable / bicause religion doith forbidde yt Thus here is the englisshe of saynte austens wordes / and after the same wordis that thies persons haue in their Latyn boke but they haue in theyr ynglishe boke that it is not now as damnable / by cause religion doith forbide it / And saynte Austen saith is was made afterwarde as damnable / bycause religion doith forbide yt And than yf this / for a man to mary his sister be nowe made dampnable bycause religion doith forbide yt Than it is euident that for a man to mary his sister / is not damnable of the owne nature for that thynge that is damnable by nature / was / and ys always dampnable and saynte augusten saith that this thyng / for a man to mary his sister / was made afterward dampnable / because religion doith forbid yt and therfore it is not agaynst the lawe of nature for a man to mary his sister also saynte augustyn saith in the same place where thies persons allege hym / that in the begynninge of man kynde 〈◊〉 was leful by al meanys the brothern to mary witâ— sisters but now saith he the custom ys so agaiâ—â—â—â—e mariage as thoughe siche mariage had â—â—â—er ben lawfull By this ye may se that for a maÌ„ to mary his sister / is leful by the law of nature it is â—â—â—â—â—den 〈◊〉 â—e custome than yt folowith that yf suche 〈◊〉 â—e be lefull by the lawe of nature / it is 〈◊〉 â—y the same lawe for a man to mary h◠〈◊〉 â—s wife a widowe lefte withowt yssewe For this can be no more forbiden than for a man to marye his Sister And thus yowe maye perceyue that sainte augustyn is against thies persons false opinion IN the same leif / thies persons wold haue yow call to yowr rememberaunce of the iugement of thies great diuines fower / or fyue thinges First what so euer persone of Cristes beleue brekith eny of the leuiticall prohibicions of mariage / he shal be dampned both body and sowle into euerlastinge deith in hell Note here I beseche ye how thies pestilent persons openly sclaunder and saye false vpon sainte ambrose / sainte Hierome / and sainte Augustin For ther is none of them that doith iuge / that what so euer person of Cristes beleue brekith eny of the leuiticall prohibicions of mariage that he shall be dampned bothe body and sowle into euerlastinge deith in hell / as thies persons do saye vppon them but it is thies ' pestilent persons owne malicious iugement and yet all this makith nothing for their false opinion For ther is no prohibicion leuitical that doith forbide that a man shal not mary his brothers wife a widowe c. THe second thinge that thei wolde haue yow note of the iugement of sainte ambrose / sainte Hierome / and sainte augustin is this That not only the Iues did abstaine frome marying their Brothers wiues euen as yow wold say / for fere of sum mischef / and yet thei might haue don it bi auctorite of their law but the very heythens also after the deth of their wiues / did euermore abstaine frome mariage of their wiues sistern / as frome a certain impiete or abominacion againste nature Here thies shameles persons falsly sclaunder againe thies holy Doctours / for they neuer did iuge nor saye that the Iues did abstayne frome maryinge of their Brothers wiues for fere of sum myschefe that shulde fall vppon them / for so maryinge Nor yet thies holy men neuer sayde that the heythens did euermore absteyne from maryinge their wiues sisterne / as frome a certaine
impiete or abhominacion againste nature Wherfore yowe maye see that these vngracious persons do falsly saye and sclaunder Sainte Ambrose / Sainte Hierome / and Sainte Augustin / and not onely in this their false sainge sclaunder these holy men / But they also doo blaspheme almightye God for in saynge that the Iues did absteyne frome mariynge their Brothers wifes for fere of sum myscheif that shuld fal vppon them for so mariynge / they saye that almyghty God in commaundinge and biddinge the Iues to mary theyr brothers wifes widowes cet commaundid and bounde them to a thinge that myschefe shulde cum to the Iues for fullfillinge and kepyng of the same commaundement / ye and beside all this yt followithe that almyghty God in commaunding and biddinge the Iues to mary their Brothers wifes widows cet set the Iues in a myserable state and in a greuous perplexite / for yf they maryd theyr brothers wifes widows c. accordynge to the commaundinge of almyghty God than they lokyde for myschef to fall vppon them for so mariynge and agayne / if they did not marry their brothers wifes widowes c. than they shulde be punyshed withe perpetuall infamy and dishonour For so had almyghty God commaundid to punyshe all thos that wold not mary their brothers wyfes widowes c. and thus by thies false deceyuers saynges almighty God in commaundinge the Iues to marye their brothers wifes widows cet set them in a meruelous greuous perplexite Who durst thus saye by almyghty God / seynge that he nouresshed the Iues with singler beneuolence and meruelous kynenes holy and iuste lawes concerning them and theyr tyme Wherfore yowe maye see thies persons in theyr sayng do highly baspheme almyghty God and do falsly saye vppon thies holy men and Doctours NOw to the seconde parte of this their second saynge / wher as thies persons affirme that the verey heythens after the deth of theyr wiues did euermore abstayne frome mariynge of theyr wyues sisters as froÌ„ a certayn impiete or abominacion against nature Here thies deceyuers confounde them selues and speke againste their owne writinge For in the .xviij. leif of their boke / they saye that beside other myscheuous vices this thinge was also lefull and customable amonge thies haythens to myngle and marcy them self by the most shameful lust and pleasure of their bodyes with them that be most nyghe of their blode and affinite puttinge no difference betwene them and other women This they sayd and write there / and here they saye the contrary They saye that the heythens after the deth of theyr wiues did euermore abstayne frome mariynge of their wiues sisters as frome a certayne Impiete or abhominacion against nature Therfore yow may cleerly se / thies persons be past shame / and care not whate they write and saye / that they myght cause the reder to beleue their false opinion THe thirde thinge that thies deceyuers wolde haue yow note of the iugement of saynte Ambrose / saynte Hierome / and saynte Austen is this That mariage contracte contrary to theis prophibicions be vncomely and abhominable and as nere as can be to the lyfe of bruyt bestis c. ye and forther / thei be the transgression aÌ„d breking of al the lawe Here these false lyers saye agayne falsly on these holy men For this they can not shew to be the iugement of Saynte Ambros / Sainte Hierome / and Saynte Augusten Also thies lyes and false saynges make no thinge for their purpose For they speke of the leuiticall lawe and there ground the them self wher it is in no wise forbiden that a man shal not marey his brothers wife a widowe left without yssew THe .iiij. thinge that thies deceyuers wolde haue yow to note and marke of the iugement of saynte Ambrose saynte Hierome / and saynte Austen is this / That mariages made contrary to the leuitical prohibicions be so greuous aÌ„d so hateful in the sight of God / that thei haue destroyd holl nacions / poluted the land / and beyng polutyd caused it naturally to gruge and to put them owt whiche hade committed suche thinges Here agayn theis deceyuers saye falsly vppon thies holy men for thei cannot shew thies their sayngis to be thies doctours iugement Also thies lyes and false saynges make no thing for thies persons false purpose for al their saynge ys grownded in the Leuiticall lawe and there yt is not forbidden that a man shall not marey hys Brothers wife a widowe left without yssewe THe .v. thing that thies persons wolde haue yow note of the iugement of saynte Ambrose / sainte Hierome / and sainte Austen is this That the prohibicions leuiticall perteyne not only to theiues / but to all Cristians whiche cum to serue God And that thei which be poluted with eny of thies not to be spoken dedis / ar defilyd with them al. Here thies shameles lyers saye falsly on Ambrose / Hierome / and Austen for as I haue shewid yow / they cannot bringe where that this their sayng shuld be thies holy menys iugementis and agayne this their false sayng doith not helpe thies deceyuers false opinion / as you haue hard before / by cause they grownd them in the leuitical prohibicions But now for asmuche as in this their saing / thei affirme that if a man be polutid corrupte with eny of thiâ—s not to be spokeÌ„ dedis / he is defylid with theÌ„ al he r ye may se how like theÌ„ self thei speke / for of this their saing / it folowith that if a manly with his sist r so is polutid in that syn that than he is poluted with his moth r / with his stepmoth r / with his doughter / poluted with his nece / with bruet bestis / polutid with offering his sede in sacrifice to the ydol Moloch For al thies oth r mo / be forbideÌ„ in the leuitical law who wold say thê° but thies filthy lying persons Nowe yowe hard howe thies deceyuers haue sclaundered and falsly sayd of thies .iij. holy men saynte Ambrose / sainte Hierome / and sainte Augustin IN the .lvij. leif / they exhorte yowe to marke wel saynte Ambrose his saynge / and to that yow haue herd my answere before AFter thies doctours thies persons bringe holy saynte Ancelme Breifly he in all that pistel / which thies persons saye is his / doith not saye that it is against the lawe of God and against the lawe of nature / for a man to mary his brothers wife a widowe ce nor yet this that the Pope haith no power to dispence vppon suche mariage nor this can not be gatheryd nor concludid of this saynge of saynte Ancelme in the rehersed pistle as it appereth in the .lx. leif of their boke That Cristiane religion and perfeccion haith ordyned that the boundis and butailes of consanguinite shulde be streched furthe vnto the .vi. degre on euery side / accordinge vnto the decreys of holy
their brothers widows / as it appereth yn the decretallis / capi deus qui ecclesiam ALso Pope Martin the fiueth did dispence and licence that the brother which had knowen his own sister carnally / to mary afterwarde the same sister ANd Pope Alexandre the sixte did licence the kinge of Portingale that fast was / to mary his wiues sister / not withstanding that he had by his first wife a childe And also the same Pope dispensed with the same kinge after the dethe of his seconde wife / his first wiues sister to mary his wiues neâ—e and yet he had many children by the second wife ALso Pope Alexandre did licencâ— dispence with Don ferdinando king of Cycill to marey his fathers sister which is more than to dispence with a man to marey his brothers widow c. ANd Pope Iuly the second did dispence withe the king of Englonde that he myght marey his brothers wife a widowe left c. ANd Pope Leo the tenth grauntid vnto the Austyn fryers thorowgh Cristendome that they myght dispence in the first degre of affinite that is to say that yf the brother had maryed or contracte with the brothers widow wittingly or otherwise that thois fryers might licence thois persons to continewe still so maryed so that the persones maryed or contracte in that degre of affinite were not accused / nor openly complayned on befor a iuge or ere they required the dispensacion ALso in lyke degre of affinite the Pope did dispence nowe of late withe a noble man of France / who is called my Lorde of luce so thus now yowe maye se by the Doctours myndes / and bi the experience of the Popes excercisinge in this case licens and dispensacion / that the Pope maye licence a man to mary his brothers widowe ceter FInally / this confirmith the greate lernyd coÌ„sel of Princes Kingis whiche were examined to shew the treuth / wheth r that the Pope had power to licence men to marey in the afore reherside degreis of affinite consanguinite / And theis great lerned men that were of those kingis princes counssailles affirmed graunted / that the Pope myght licence dispence vpon suche mariage / so did also the popes lernyd counsayl / ye so dide the vniuersal noumbre of the lernyd men in Cristendome for thei herde knew of suche licences dispensacions graunted And the mariages bi the licences were made / and yet they neuer reclamyd nor spoke against them Wherfore now ye may euidentli se and perceue / that the opinion of these deceyuers is false where as they say that it is against the lawe of God / against the law of nature for a man to mary his brothers widowe cet And that the Pope hath no power to dispence vpon suche mariage / that this is verey trew / that for a man to mary his brothers wife a widowe / is nother against the law of God / nor againste the lawe of nature and that the Pope hath power to dispence vppon suche mariage And also by this / yowe maye clerely see / that the determinacions of the vniuersytes / be manyfestly false NOw these deceyuers opinion thus openly reprouide / and shewid to be false / and the trewth in this matter declared I wil retourne agayne vnto their boke In the lxxxxiiij leif of their boke theis persons saye that there be many / and that stronge and inuincible resons / the which may seme to declare lyghten the sentence of thuniuersites / theys reasons thei wil bring in for this purpose thei bring in many diffinicions and descriptioÌ„s of the law of God / of the law of nature c. The which I doo not passe vpon bycause I wolde not be to longe / so I come to the .c. viij leif of their boke / where as they say on this wise THerfore seyng that God him self here doith playnly pronounce giue sentence that the Cananeis and Egipcians did file their lande and spot yt with filthynes / while that they did contracte mariage with their brothers wifes that he / for that cause did greatly aborre them did most rightfully take vengeaunce vppon them punyshed them most sharply yt cannot be no nother wise / but it must nedis folowe / that god hath iuged this thinge to be shamfully vnhonest of it self as they say morally evill nowght aÌ„d also againste the rightwisnes of natural law reason ye to be abhominable abhorred This is these false deceyuers owne saynge / note merke it wel First it is manifestly false / for almyghty god did neuer punyshe the Egipcians Cananeis for because they maryed their brothers wiues widowes left c. Nor he did neuer abhorre them / nor ther is no scripture / nor doctour the saith that almyghty God did destroye / punyshe the Cananeis Egiptians / because thei maried their brothers widows Wherfor it is shamfully false to say that almighty God did punyshe destroy the Cananeis the EgipciaÌ„s for marying their brothers wiues widowes left ce ALso in this their sayng / these deceyuers speke directly against their owne writinge / for in the .lvj. leif of their voke they write / that the verey heythens after the deth of their wiues did euermore abstayne fro mariyng of their wiues sisters as from a certayne impietie or abhominacion ageynst nature This thei wrote there / here they write the almighty God did take vengeaunce vpon the Cananeis Egipcians for marying of their brothers widows c. the whiche is nomore impietie than for a man to mary his wyues sister after their owne opinion yet beside this / these deceyuers in their a fore rehersid saynge do greatly dispise and hiely blaspheme almighty God / for it folowithe of this their saynge that almyghty God in commaundinge the iues to mary their brothers wiues widowes lefte c. that he commaundid theÌ„ to fyle spotte their lande with filthines / while that they did contracte mariage with their brothers widows c. that for fulfillinge of his commaundmeÌ„t he did abhorre the Iues / ye of these deceyuers sayng / it folowith that almighty God in commaunding them to mary their brothers wiues widows / did commaunde them to do that thinge for the which he shulde take right vengeaunce vpon theÌ„ punyshe them most sherpely / also that almighty God did commaunde the Iues to do the thinge / the which ys shamfully vnhonest / of it self morally euill / nowght / against the rightwisnes of naturall lawe and reason / ye to be abhominable abhorred Al this these persons saye by mariage betwene the brother the brothers widowe c. For of this maner of mariage / is their spekinge or els it is not for their purpose / almighty God commaundide the Iues to mary their Brothers widowes left
thies persons haue writen and made theyr boke / Here thei leve owt the bokes name / wher they allege Tertulian and they saye on this wise in the .xxviij. leif of their boke and the same Tertuliane writith in an other place / and so they leve owt the name of the boke whiche in dede is callid monogamia the whiche boke is condemnid Also in theyr ynglysshe boke thei leue out parte of Tertulians sayng and argument / wher he wold haue concluded to haue condempned the second mriages By this you euidently perceue that thies persons opinion sayng / where they affirme that it is against the lawe of God and ageynst the law of nature / for a man to mary his brothers wife a widow left without yssewe ys euidently false ye and suspecte hereticall / seynge that they goo about to proue their rehersed opynion and saynge / by tertulian wher he is condemned for an heretike Now to the fowrth I wil shew ye / for what resonable causes it was comaundid in the olde law that euery man shuld mary his brothers wife / a widow left ce The first was that the land is of the iues the which shuld goo and continew by inheritaunce / shuld not goo owte of the blode / and name and house that it cam of / and therfore it was commaundid to the Iues that they myght not sel their inheritaunce leuiti xxv aÌ„d than it was commaundid and ordyned that if a man died without yssew that his brother if he had any / Deute xxv or els his next kinnesman shulde mary his wife / and the first childe that this seconde brother hade by his brothers wife / shuld be namyd the first brothers childe and enioy his lande and so kepe vp the ded mans house and name Wherfore holy Crisostome saithe that almyghty God in commaunding theiues to mary their brothers wifes widows left without yssewe / Super mat homelia xlix did excogite and made a meane to counfort suche persons as shuld chaunce to dye without yssew This ys holy Crisostomes mynde / so by this commaundment and lawe if he chaunced to dye without yssewe he was in a suerty that the next of his blode shuld enioy and inheret his landes / and vpholde his house and name / the which was alwais to him that so died a coÌ„forte For euery man naturalli had leuer that one of his own blode shuld enioy haue his landes than a straunger not of his kyn / also euery man wold gladly haue his name house that he cam of / to remayn continew also beside this conforte that the man had / this lawe was a mene to confort the widow who is husband dyed without yssew / for thowgh she lefte hyr husband / yet she was suer to be maryed agayne to one of his next kyn / whiche was no small counforte to hyr / to be in a suerte to mary one that she louyd for hyr husbandes sake and also to mary one that louid hyr for hyr husbandis sake Also this maner of mariage was a meane to cause hyr husbandes kynred to bere and owe loue and fauour styll vnto the woman that had buryed hyr first husband for by cause she maryed agayne hyr husbandis kynsman for whos sake this kindred had loued hir husband before the whiche loue wold sone haue wexid colde and grown sklender toward the wedow / if she had maryd out of hir husbandis kyndred / as we may see / daily by experyence And finally / this maner of mariage was a speciall meane to kepe and continew the loue and kyndenes that was betwene the womans kynred and the kynred of hyr first husband the whiche loue / and kyndenes wold haue mynyshed and haue decayd / if the wife had maryed out of hir husbandis kindred / wherfore so to marye was a speciall meane to kepe loue and kyndenes betwene kindredis And yf sum of thies causes had strength now in this Realme by an ordinaunce decreyd / they wold not be iuged but good and resonable / As this that no man shuld sell his inheritaunce / nor agayne that many inheritaunces shuld neuer come to one mans hande / this were parauenture a good and a resonable law So thus yowe maye see that thies be resonable and honeste causes / and politicall meanis / and very mete for that tyme for the comen welth of the Iues and therfore almyggty God made this lawe that euery one of the Iues shulde always mary their brothers wifes widows left without yssewe And commaunded the Iues to kepe it / Wherfor you may euidently perceue that it can not be againste the lawe of nature and reason for a man to mary his brothers wife a widow c. And also it is hy blasphemy to almyghty God to saye that he with his infinite sapience and wisdom did make a lawe againste reason and commaunde it to be kepte vppon a great payne But now where as thies persons saye that this lawe that commaundid suche mariage / ys now ded and hath no strengthe sewerly that is trew for men as I shewed ye before but yet standeth it in theyr lyberty to mary or not marye their brothers wifes widows ceter and so it doith not follow that it is now ageynste the law of God and ageynste the lawe of nature for a man to mary his brothers wife a widow left without yssew and that the pope can not dispence vppon suche mariage IN the .xxx. leif of their boke they bâ—ynge in Gregory answeryng to a question that saynte Augustyne had mouid concerning mariage with in degreys of affinyte / saynge on this wise There is a certayn erthly and a worldly lawe with in the dominacion of Rome / that the sone and the doughter of brother and sister or of .ij. brothers germayne / or of .ij. sisters / may mary togither but we haue lernid by experience that ther coulde neuer yssew cum of suche mariage To this it maye be thê° answeryd that nowe at this present time ther ys comen of suche mariage noble and great yssew as the Emperours children for the Emperowr and his wife that now ys / came of .ij. sisters germane / for the Emperours mother and his wifes mother where both sisters and doughters to Don Ferdinando that was kyng of spayne Also we may se great and noble yssewe that is come of a man that maryd .ij. sisters germane the whiche mariage ys hyer in the degreys of affinite than is the children of the brother and sister germane in consanguinite As the kyng of Portingall that now is / and his brothern and the Emperours wife and hyr sisters the whiche cam of the Kynge of Portingaill / this mans father that maryd two sisters germane that were both doughters to Don Ferdinando Kynge of spayne And this sayd Kynge of Portingaill had by bothe thies sisters yssewe / ye and yet after the deth of thies two