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duty_n head_n husband_n wife_n 3,147 5 8.1309 4 true
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A05353 A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France Leslie, John, 1527-1596. 1571 (1571) STC 15506; ESTC S106704 132,510 314

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is most natural the daughter to inherite her fathers patrimonie● wherevnto if there be a dignitie annexed● both are so vnited and knit together tha● they can in no wise be vnlinked Marie if you had driuen your argument of the duetie and obedience that the wife oweth to her husband and had argued It is the law of Nature that the wife should be ruled and gouerned by her husband Ergo it is against Nature that the wife should be head to her husband in respect that she is his wife then had you argued conformably to reason Scripture and Nature But if you wil thereof inferre Ergo she can in no wise be head to her husbande then play you the Sophister making a fallible and vitious argument and making a confuse mingling of those thinges that be of sundry and diuers Natures The child must obey his Scholemaister ●●d Parentes and may iustly of them be ●hastised though he be a Prince yet this notwithstanding the said childe may vse ●is authoritie by his Magistrates against his ●cholemaister yea and if the cause so re●uire against his Parents to as did Edward ●●e Confessour and King Edward the third against their mothers Euē so the case fareth with the husband and the wife The wife ●ay without any impairing or mayming of ●er duetie to God or to her wedlocke re●●esse her husbandes misdemeanour if it be ●eedeful to the common Wealth And yet 〈◊〉 she not therby exempted from such dew●●e as the matrimonial coniunction craueth of the wife towardes her husband You frame an other argument of incon●eniences as though vnder the womās Regiment Ataxia that is to say disorder most commonly creepeth in I wil not deny but somtime it is so but that most commonly ●t is so that I deny Let both the Regiments be compared and matched together and weied by an indifferent ballance and I am deceaued but the inconueniences of the mans Regiment for the rate wil ouerpaise the other And it is ful vnmete vnseemely and a dāgerous matter to rule Princes right and Titles by such blind ghesses Wel you wil yet say you haue Scripture on your side you say the Iues were cōmaūded to take no King but exfratribus a brother Ergo we can haue no Sister to our Q. To this obiection also my two former answers may sufficiently serue First you must proue that al Christian Princes are obliged and subiected to this part of Moyses law and that shal you neuer be able to do Which thing you saw wel inough and therfore you were faine to vnderprop and vphold this your ruinous and weake building with the strong force of the law of Nature But this force as you haue hard is but the force of a bulrush Our secōd answer also wil sone infringe and breake this your conclusiō which respecteth only the free and voluntary election and choise of a king But we speake of birth and Succession wherein we haue none interest but God who is th' only iudge and vmpier and hath by his Diuine prouidence made to our handes his choise already which if we should vndo and reuerse we might seeme to be very-saucy and malapert with him But we wil remoue and relin●uish al these helpes and see what and how ●arre this authoritie forceth by the very wordes Frater is the masculine gēdre you say and therefore women are to be remoued Then by this rule women also must be excluded from their saluatiō bycause Scripture saith He that shal beleue and be baptised shal be saued Holy Scripture abūdeth of like places As Beatus vir qui non abijt in consilio imptorū c. Beatus qui intelligit c. And by this rule women are excluded from the eight beati●udes But we wil not shifte your owne worde brother We say therefore that this worde must not be taken so strictly and ●arrowly as you take it For first not only in Scripture but in olde auncient prophane Authours it comprehēdeth the brothers childe yea and somtime in Ciuil law coosin germans comming of two brethern Abraham called Loth his brothers sonne brother Medea also calleth her sister Chalciopes sonnes her brethern speaking to her sister in this sorte 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Againe as in the Ciuil law the masculin● gendre cōprehendeth the feminine so doth it in your worde brother Modestinus writeth thus Tres fratres Titius Meuius 〈◊〉 Paulus also Titius fratres Sceuola saith the bequestes made by the testatour fratribus to his brethern shal be beneficial to his sisters also vnlesse it may be proued that the testatour meant otherwise Now when the holy Scripture saith thou shalt not hate they brother Thou shalt not lend vpon vsurie to thy brother let euery man vse his brother mercifully if thy brother trespace against thee forgeue him withdrawe your selfe from euery brother walking disorderly he that ha●eth his brother is in darknes with a number of like sort shal we inferre therevpon that we may hate our sister that we may oppresse our sister with vsurie that we may vse our sister as vnmercifully as we wil without any remorse of conscience and are not bound to forgeue her nor to eschewe her companie being excommunicated or a notorious offendour Wherefore neither this worde brother excludeth a sister nor this worde King in Scripture excludeth a Quene In the Greke ●ongue one worde representeth both brother and sister sauing that there is a difference of gendre 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 After the same rate the wordes King and Queene are ●●it vp both in one aswel in the Greke as in the Hebrue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the Frēch Roy Royne and from this the Latin tonge Rex and Regina doth not farre disagre Seing then by interpretation this word brother conteineth the worde Sister also in Scripture and the word King by proprietie of one and the same voice and signification expresseth the Quene both in Scripture and in other tonges why should we not aswel communicate to women the dignitie apperteining to the name and resembled by the same as the name it selfe For euen in this our owne Country albe it the names of the King and of the Queene doo vtterly varie one from the other and also the auncient Statutes of the Realme do not onely attribute and referre al prerogatiue and preeminēce power and iurisdictiō vnto the name of a king but do giue also assigne and appoint the correction and punishment of al offenders against the Realm and dignitie of the Croune and the lawes of the Realme vnto the King yet al māner of the for said iurisdiction and other prerogatiues are and ought to be fully and wholy and as absolutely in the Prince female as in the male And so was it euer deemed iudged and accepted before the Satute made for the farder declaration in this point The like we say of both the forsaid words brother and Rex vsed in this place
nor wil not be satisfied vnlesse you may for this and all other doubts be by Scripture persuaded lo then I bring to you one authoritie of Holie Scripture to serue al turnes I bring I say noble Debora to decide and determine all this controuersie and contention who you can not denie was the chief and supreme Magistrate ouer the people of God to Gods wel liking and by his owne special gratious appointment She hearde determined and decided al manner of litigious and doubtful controuersies aswel for bargaines and contractes as for doubtes and ambiguities of the law and that not by other Magistrats intermediant but by her selfe personally Erat autem Prophetissa she was a Prophetesse which wordes Origen singulerly wel doth ●ote saying that holie Scripture doth not vse such phrase of speaking of any other of the Iudges least any man should grudge and repine as this frowarde natured man doth at womans regiment Let no man tel me now of the courageous Amazones Let no man tel me of Zenobia the Queene of the Palmeries and bysides her excellent learning of her noble Chiualrie nor of Artemisias that white liuered and cowarde Perses manly wife nor of our manly Voadica nor of any other the wise politike victorious Queenes that we haue before named or of any such like Our Debora shal serue vs one for al. Iabin the King of the Chananees had kept the people of Israel for their sinnes and offences to God twentie yeares in great misery slauery and bondage He had three hundred thousand footemen tenne thousand horsmen and three thousand charnotes seruing for the exploits of his warres This noble Debora sent for Baracke willing him to muster the people and with tenne thousand men to set vpon Sisara ●abins Capiteine But Barac would not go vnlesse she went also Wel saith she I wil go with the. When they should haue buckled Barac and th'Israelites fearing the huge multitude of th' enemies would haue recoiled backe into some safer and surer places Nay saith Debora depart not plucke vp your harts for al is ours And vpō this they incountred with th'enimie and behold there fel sodainly vppon th' enimies faces so vehement a storme of raine and haile that it toke frō them their sight and did so sore beat them that for very cold and weaknes they were not able to hold their weapons in their hands Thervpon being wonderfully discouraged breaking ther aray they toke them to their fete and in fleeing some were slaine by th'Israelits some by their owne horsmen and Chariotes I speake not this of Debora bycause I think warlike matters properly and so well to apperteine to women as to men I know and do wel allow the saying in Homer of Hector to his wife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speake it to this purpose only to shewe that a woman may not only haue ciuil regiment in other thinges but may intermedle also when the case requireth with warlike matters and be present with the Armie in the field And this also among other ancient and solemne ceremonies the gyrding of a Queene at her Coronation with a sworde the setting of a paire of spurres to her heeles may wel signifie Whiche Ceremonies though they haue ben vsed from the time of King Edward the Confessour at least and frō the noble Alured and that vpon Kings only except our owne time yet the reason and signification of the same may and doth take place in women Princes also to put them in remembrance to chastice al malefactours with conueniēt iustice Yea with speede to pursue not onely by their vnderofficers but in their owne Roial persons if the necessitie of the time require it their inward and outward enemies Wherein they haue a president in this worthie Debora This Barac of whom we haue spoken by the cōsent of the most part of the expositors of holy Scripture was Deboras husband whereby ye may see that the matrimonial duety of the wise to the husband doth nothing repugne to the publike administration and office of the wife Eche without other may frindly and preaceably agree She may serue al turnes to the contentation of God her husband and the Commonwealth For the respect whereof the said husband being but a member and parcel of the same and as subiect to his wife in that respect as any other she may yea and ought to commaund the said husband and as the case may stand seuerely to punishe his outragiouse behauiour and doinges towardes the said Commonwealth This noble Debora therefore cōdemneth your Conclusion as both vnnatural and derogatiue to holy Scripture Neither wil this euasion relieue you that some of your affinitie for the maintenance of this so wrong an opiniō haue vsed that this is but one bare and an extraordinarie priuileged and personal example hauing none other the like in Scripture And therefore not to be drawen to make therof a rule or president for womanly gouernmēt If this your replie be effectual then farewel the Baptisme of yong children whereof it wil be harde to find more then one if that one example may be found in al the holy Scripture Then farewel a numbre of rights Ceremonies customes and orders aswel in ecclesiastical as in political affaires al which haue but one and some no one exāple at al therein Yet it so being that the vse thereof is not repugnant to the said holy Scriptures they haue ben they are and may wel hereafter be kept vsed and obserued And yet I know no cause but that the worthy Iudith may be another example also who though she were not gouernesse of the Commōwealth at that time but others yet plaied she that parte that seemed moste abhorring and strange to woman kind deuising yea and most manfully and meruelously executing in her owne person the renoumed slaughter of the arrogant haughty and proude Tyrant Holofernes As her stomake and courage was manly and stout in that acte so was she not onely a noble vertuous woman but a marueilous wise womā withal and so was taken and iudged to be of al the people Whereby it wil follow by good reason that in case she had ben the Gouernesse of al the people her gouerment would haue ben as wel profitable to the cōmonwealth as cōformable both to nature and the holy Scripture also Which exāple though it may seeme sufficiēt to ouerthrow your answere be it neuer so artificially forged to Debora yet to refute and refel it vtterly not only by exāples but euen by plaine and ful authoritie of holy Scripture let me be so bolde as to demaund your answer to a question or two First whether if a man seased in lands and possessions dye without issue male his daughter by holy Scripture shal inioy the said landes and inheritance or no In case ye say she shal not the plaine wordes of the scripture euidētly do reproue you If you graūt it thē aske I farder what if any