desire of possession to passe or breake the buttels of londes howe moche more vnrightfull is it for the lustnes of bodely plesure to passe or breake the buttayles of good maners customes ¶ Furthermore saint Thomas sayth agayne in an other place Affinite that is betwene persones before mariage doth let the mariage that is to be contracted and dothe breke the mariage that is contracted al redy euen like wyse as dothe consanguinitie ¶ And in an other place Infidels or vnfaythfuls that be not baptised be not bouÌ„d to the lawes of the churche but yet they be bouÌ„de to the ordinance of the lawe of god And therfore if any infidels shulde coÌ„tracte within the degrees forbydden in the .xviij. chaptre of the Leuiticall contrary to the lawe of god whether both .ii. or one of them be conuerted to the feythe they may not byde styll to gether in suche maryage but if they haue contracte with in the degres prohibite by the ordinaunce of the churche they may abyde styll to gether if bothe of them be conuerted and tourned to the faithe or if the one be tourned and there is hope that the other also wyll be conuerted ¶ More ouer and beside all these thinges the same saint Thomas where as he goth aboute to shewe what is the Popes auctoritie and what thynges be in the Popes power what thinges be not The Pope saithe he hath full power in the churche that is to be vnderstanden that the Pope may dispense with all maner of thynges that be institute ordeined by the church or by the prelates of the churche for these be tho thynges whiche are saide to be of the lawe of man or of the lawe positiue which be no suche maters that they binde of them selfe but only by cause they be coÌ„maunded But in suche ordinaunces whiche be of the lawe of god or of the lawe of nature the Pope hath no power to dispense bicause these lawes haue strengthe and vertue by the ordinaunce of god and they be vpon suche matters that be necessarie of their owne selues vnto the helthe of mannes soule And vnder this maner these lawes muste be obseruid and kepte in all cases and euery man is bounde to kepe them without dispensation For lyke wyse as in the comune lawe of man no man can dispense but he of whom the lawe hath auctorite strength that is the maker of the lawe or els he to whoÌ„ the maker of the lawe hath giuen suche power so in the statutes of goddes lawe whiche be of god haue their auctorite strength of god no man hath power to dispeÌ„se but only god or he vnto whoÌ„ god hath specially gyuen suche power auctorite For euery maÌ„ of what so euer auctorite or power he be is in coÌ„parison to the lawe of god euen as a priuate ê‘son hauiÌ„g no power nor auctorite is in coÌ„parison to a comun lawe of the people Nowe the lawe of god is what so euer beloÌ„geth to the new lawe of the gospell orels to the olde lawe of Moses but this is the differeÌ„ce bitwen the two lawes for the olde lawe did appoynt set fourthe many thinges and gaue many preceptis about ceremonies and outwarde thinges perteyning vnto the honour of god and also diuerse preceptes of iugementes that do serue for to kepe iustice amonge men but the newe lawe of Christe and the law of the gospel the whiche is the lawe of libertie and fredome hath no suche determinations appoyntmentes or boundes but is contente with preceptes instructions of good maners of the lawe of nature and with the articles of the faythe and with sacramentes of grace And for this cause it is called the lawe of faythe the lawe of grace bicause it dothe determine whiche be the articles of the faithe and what is the vertue of the sacramentes As for al other thinges whiche perteyne to the determinacion and certeyne orderinge of suites and iudgementes betwene man and man orels to the orderinge of the seruice of god Christe the maker of the newe lawe did leaue them frely to be determined ordred by the prelates of the church and by the princes kinges that haue the rewle of Christes people wherfore all suche maner determinations and ordinances do perteyne to the lawe of man wherin the pope hath power to dispense but those thinges that be onely of the law of nature and in the articles of the fayth and in the sacramentes of the newe lawe he hath no power to dispeÌ„se for that shulde not be to haue power for to meynteine the truthe but to haue power to distroye the truthe ¶ And a littell after he sayth that the apostel in his doctrine gaue instructions two maner of wayes for some thinges he taught not as his owne but as publisshing vnto them the lawe of god as is this If you be circumcised Christe shal helpe you nothinge at all and many suche other thinges and in these the pope hath no power to dispense And certain thinges he techeth as makinge ordinances by his owne auctorite power For he saith whaÌ„ I come I shal set an ordre vpon the other thinges Also he coÌ„maunded that the getheringes of money for pore people shuld be done on one of their holy days or days of reste the whiche perteyneth not to the lawe of god And like wise also where he writeth that he which is bigamê° or twise maried shulde not be promoted to presthod that is not of the lawe of god but an ordinaunce by the auctorite of man gyuen vnto hym by god ¶ And hytherto we haue rehersedde the wordes of Thomas Nowe beside hym Altissiodorense saythe thus Euery persone is laufull to contracte mariage with any other ê‘son by the lawe of nature a fewe excepte as the father and the doughter the mother and the sonne whiche were except at the beginninge And excepte those persones also whiche be except by the Leuitical For those preceptes that be there be no iudiciall preceptes but moral and perteininge to vertue and good maners ye and we calle them morall preceptes or rules of vertue not of mans teachynge but euen of nature And we saye more ouer that al preceptes of moralite naturall can not be chaunged nor dispensed withal as touchinge the substance of vertues But by the lawe positiue or the lawe of man matrimonie in tymes passed hath ben forbidden vnto the .vii. degree of consanguinitie or kynrede but nowe a dayes onely vnto the .iiii. degree ¶ Ageyn Peter of Palude resoninge whether the pope hath auctorite and power for to releasse dispense with these Leuitical prohibicioÌ„s The pope sayth he hath no power to dispense in the fyrst degree of affinite no more than he hath in the fyrst degree of consanguinitie bycause that it is contrary to the lawe of Nature and of god also For we do reuerence vnto our fathers wyues as we do to our owne mothers Maryage also is forbydden by the lawe
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
blinded and darkenedd a certayne prudence or commune wytte ingendred in hym grauen in him bi god his maker at his first creation and this wyt or reason they calle naturall light light of vnderstanding the light of the visage of god the ymage of god the eye of the reasonable mynde a parceiuinge of good euil right wronge finally they call it natural reson ¶ Beside this ther be writeÌ„ in the hart of man with the finger of god certain rulis or lawis of general iustice vertue honestie whiche they cal the fyrst principils to liue by accordinge to vertue the fyrste rules to do iustly whiche were to man as exeÌ„plars or patrons for to folow to shewe him howe he shuld do iustly the first truthes sedes of vtues sparcles of nature imperfecte vnderstondinges general knowleges coÌ„mun sense or perceueraÌ„ce coÌ„mun wisdome finalli beginninges to al moral iustice vertue Nowe the office of the forsaid natural reson prudeÌ„ce is to shew that we ought to do or leaue those thingê what so euer these rules of coÌ„mune iustice or vertue doth shew vs. And bicause that the same rules of general iustice coÌ„teine the perfecte true nature of vtue they teache that those thingis only whiche in the maners of al men vniuersally be good or euil right or wroÌ„ge ought to be folowed or auoided euin for the thinges them selfe and for obteining of euerlastinge blis For this rule is no other thynge in dede then a certain line leading vs to honestie and vertue and froÌ„ disonestie and vice So that what so euer is done accordynge to this reule it muste nedes haue the name of vertue by the whiche vertue man is called good what so euer is done contrary to this rule it must haue the name of vice This reule therfore ioyned with that commune prudence or wysedome we call the lawe of nature If thou wilte defyne it it is a general knowlege and iudgement whiche god dyd graue in the mynde of euery man to helpe hym for to fourme and facion his maners and lyuynge And it nedeth not vs to go farre to seche the profe of these thynges that we haue spoken seing that there is no man but that he hath in him sometime an examynation and remembraunce of hym selfe and remorse or conscience that dothe iuge coÌ„deÌ„ne hym and wher so euer these be there muste nedes also be some lawe froÌ„ whose techynge the misdoer maye perceyue that he hath swarued and that he hath not performed tho thynges whiche the lawe coÌ„maunded him And as for this lawe both Paule hym selfe and almoste al the diuines and the philosophers call the lawe of nature and sey that it is a certayn commune sentence or iudgement condemnynge or allowinge the dedes of men the whiche god did graue in the herte of man with his fynger In so moche that vnto vs truly the lawe of nature to speake of it generally semeth to be no other thynge but these fyrste reules and fyrste iudgementes that man hadde whiche were made with man or rather borne with him grauen in hym of god But to speake of it specially and properly and to shewe howe it differethe from all other thynges these two thinges folowynge seme to vs to haue ben added to the definition very conueniently and to the purpose that is to saye whiche god dyd graue in euery mans mynde and agayne whiche is fytte and conuenient to forme and facion the maners and lyuynge of men The fyrste is added bycause we shulde vnderstande that they onely be naturall lawes whiche haue ben writen with the fynger of god or rather borne in the harte of man stablysshed and confyrmed by agrement of all nations and not made by the ordinance of men or by their lawis their counnynge opinion or reasonynge nor finally by no vsage or custome of men The seconde is added bicause that where there be many knowleges and iugementes in vs all alyke can not be called lawes of nature But to open this thynge some what plainly you shal coÌ„sider that in maÌ„s reason there be .ij. partes the one is occupied about study of sciencis that is called Speculatiue the other about the ordring of his life whiche is called Actiue And as this parte that longeth to studie hath his natural principils and them most true and so plaine of them selues that they nede nor can not be proued by none other meanes but onely by them selfe of whose trewthe and knowelege hangeth the trouthe and knowlege of all other thinges that be treated in any of the speculatiue sciences So truly god that is moste good moste wisest moste of power after that he had made man vnto his owne image lykenes richt and without any crokednes without any vice streicht wayes he put in hym his spirite and holy goste whiche shuld enflame and kyndle hym to goodnesse and vertue and dyd by and by graue in his mynde in the other parte of his reasone that serued to the orderynge of his lyfe certeyne generall knoweleges and generall reules vpon vertue and vpon all thinges that he shulde do whiche shulde be as you wolde saye certeyne principilles groundes and chiefe conclusions and that as it were certeyne moste sure and moste true reules to iudge by with richt and according to reason vpon all the maners and dedes that belonge to man And truely these generall rules of coÌ„mune iustice or vertue we calle lawes of nature ¶ Nowe to shewe you what is the moralle lawe of god what so euer is commaunded of god in holy scripture and is shewed vnto vs inwardly in our hartes bi these fore sayde generall rules or that in a good and formal reason folowith of them or elles that agreeth with them thoughe it dothe not folowe of them all these the Diuines calle the lawes morall whiche lawe they defyne and determyne on this maner ¶ The morall lawe of god is the worde or mynde of god coÌ„maundynge those honeste thynges and forbyddynge those vnhoneste thynges whiche the naturall reasone of man lychtened with the lychte of the worde of god dothe accordynge to the rules and teachynge of commune iustice or vertue teache vs to do or to leaue and whyche the same naturalle reasone selfe so lightened dothe shewe vs that we be bounde to kepe them al thoughe they were neuer coÌ„manded by none other lawe ¶ These thinges well knowen and vnderstande it shal be easy and playne to knowe the difference betwene the lawes moralles and iudicials For the lawes morals were graffed and planted in man bi nature or at the least came of naturall reason and this natural reason euer and at all times before any lawe was wrytten or any citie made god hym selfe dyd plante in man but the Iudicial lawes were shewed to man afterwarde nor stonde not by nature but by ordinaunce and makynge Ageyne morall lawes serue to order according to the rule or prescript of general iustice all vertuous dedes by the which a
and all other lyke thinges whiche be cōmune both to them and to vs shewe and witnesse that both they and we haue one selfe same god whiche as he did firste begin such lawes so he did neuer after adnull them but dyd fulfyll and make them more perfect and did increase and inlarge them amonge vs christians and faithfuls ¶ And to this purpose writeth saint Augustyne also Certeynly saith he no man shulde doubte but that the olde lawe of god whiche hath toucht vs suche thynges as belonge to vertue and to good maners is as necessarye for vs nowe to leade and instructe our lyfe withall as it was at that tyme to the people of the Iues. For who wyll say that that commandement whiche is written in the olde lawe That who so euer hath founde any thynge he muste restore it vnto hym whiche hath loste it and many other lyke by the whiche we lerne to lyue louyngely and vertuously do not belonge vnto vs that be christian men and specially the .x. commandmentes whiche are conteyned in the two tables of stone For who is so wycked to say that he ne wyll kepe the commaundementes of the olde lawe bycause he is a christian man and therfore is not vnder the lawe but fre and vnder grace ¶ To the whiche thynge agreeth Marcus Marulus Euangelistarius seyenge That what so euer is in the lawe that belongeth to the instruction and ordrynge of our lyfe and of our maners ought as well to be obserued amonge vs that be nowe newe men in Christe as it was amonge the Iues and the olde men that were in tyme passed and that we ought to make it commune with the godspel and to take it as a parte of the godspell and that of the morall preceptes both of the newe testament and the olde we oughte to saye as Dauid sayth The wordes of god be tried pure wordes ¶ Nor truely it is not with out maruailous great reason why that moral preceptes of the olde law shulde styll yet endure shuld bynde christian men to kepe them ¶ For as saint Thomas saith Euery man as sone as he is lyghtened by the lawe of god hath a certayne naturall motion or inclination planted in hym for this pourpose that he may do accordinge to vertue for euery thinge naturally is inclined to do that worke whiche is agreable with the propre nature of it as fyre to heate Now mans soule folowinge reason is the chiefe part of the nature of man which lichtened with the worde of god teacheth that we shuld do tho thinges onely which of their owne selues be good vertuos For truly euery mans owne reasone lichtned by the word of god doth naturally teache hym that he shuld liue vertuosly and honestly And playnly seynge that all morall preceptes in the olde testament do nothynge but commande vertuos dedes by the whiche the soule of man may ordre it selfe wel as it ought to do not onely to god but to his neihgbour alhso terfore Christ did not adnulle any of these preceptes by his comminge For euen as the grace and fauour of god dothe presuppose our nature yea maketh it full perfet so truly the godspel did neuer breke and adnulle the naturall lawes but did stablisshe and make them perfecte and brocht them agayne to their fyrste perfectnesse of nature in so moche that what so euer morall preceptes of the olde lawe do agree with the lawe of nature whiche Paule saith is written in our hertes do euermore endure and remayne in their power and auctoritie nor no christian man is fre and lose from them but all persons as concerninge the playne vnderstondynge of them of necessite be subiecte and boūde vnto them although they had neuer be ordined by no mans lawe For all the lawes of the olde testament whiche so euer agree with the lawe of Nature and with vertue nor do not onely withdrawe the hande and body but also the mynde and will of man why shulde they not be receyued amonge christian men ¶ For god forbid that any christian man shulde contracte suche mariages whiche as saynte Augustyne writeth before euen the cruell hethens and barbarous people without all ciuilite hath for very honesties sake euermore abhorred The whiche vnlefull mariage Christe dyd so greately abhorre that he semed rather to go aboute to drawe backe the bondes of mariages to the olde and fyrste state of nature whan it was create And for this cause he brought mariage home agayne to his firste begynnynge that one man shulde haue but one wyfe and that he shuld be boūde to kepe her euermore and neuer to put her away For bycause saith Christe it was so at the begynnyng and he wolde haue made and brought to passe if the present myserable wretched state of our exile and banysshing wolde haue suffred it that there shulde haue ben no foulenes nor fylthynes in the workes of mariage and that it shulde be euen so as saint Augustine sayth it was in the begynninge of the worlde THAT all our mariages shuld be so clene that they micht wel become them that shulde lyue in the felicite of Paradise bothe hauynge childerne that they shulde loue and no fylthy pleasure that they shulde be ashamed of ¶ Furthermore wherto shulde Christe haue antiquate and annulled the Leuitical lawes the whiche streicht after he wolde inspire in to the fathers of his fyrste and primitiue churche and wolde commaunde them to make those lawes of newe wolde Christe haue exempte vs from the lawe of god and that in tho thinges whiche haue so euident and playne token of vertue in them vnto the whiche he wolde streichte after that we shulde be bounde by the decrees of the Churche ¶ And finally why dydde the sacre holye churche forbid vs to do those thinges but bicause it iudged them to be maruaylous foule vnhoneste and vncleane ▪ But howe or wherby may that that is cleane or honeste be discerned and knowen a sonder frō that that is foule and vnhonest but by the cōmandmentes of god For if the churche hadde forbydden suche maryages and had iudged them foule and vncleane for none other thinge but by cause they were forbydden in the olde testament vnder the name of ceremonies as diuersyte of meates of dayes and of places and suche like thynges as be forbydden in the olde testamente it mycht be lefull to make an obiection and to lay agaynst the church that thing whiche is said bi god vnto Peter in the actes of the apostols whiche wold not eate of al maner of meates but did forbere certayne meates that were forbydden in the olde lawe vnto whom god saith thus That thynge whiche god hath puryfied and made cleane call not thou it foule or vncleane ¶ But seinge that the ende the intent the pythe the strengthe the reasone of these Leuiticall prohibitions do yet remayne amōge christian men be written in heuen euermore indure truly a christian man whiche doth take vpon him more
the law of god But at the last he knowleged his errour and sayd that the Pope had no power to dispense in the degrees forbydden by the lawe of god in the .xviij. chaptre of the Leuitical And afterwarde whan he had asked this question whether we kepynge the Leuiticall lawe of the Iues be our selfe Iues also or no in so doyng did make answere him selfe That the lawe of the gospell doth admyt the lawe of nature But naturall reason dothe abhorre that a womā shuld be subiect vnto a mā which is her kinsman in the first degre ¶ Also walden widforde and Cotton very christian and catholic authors reproue diuers other cursed heresies of wyclefe and that stoutely and with great profette of Christes churche amonge al other they do damme also this hereticall and more than phrenetical and madde opiniō where he did holde as some wolde nowe a days that these Leuitical prohibitions be onely iudicial preceptes and that it is ordined at this tyme by man without foundacion or grounde that consanguinite betwene persons of side halfe yea and more ouer that affinite in the first degree is an impediment and let of mariage and they do clerely and plainly proue that those Leuitical forboddes whiche there do prohibite to vncouer the foulenesse of our kynne or affinite that they be nat only no ceremones of the Iues as wiclefe wold but that eueri one of them euin at this day do bynde all christiā folke by the lawe of god and that by al right reason they ought to be nombred amonge the moral preceptes of the .x. commaundementes For walden sayth that the Leuitical lawes do binde vs as well as they did the Iues as concerninge the very substāce pithe of the lawe but not as concerninge the penalties put vnto them For consideringe the lawes in them selfe onely they be morall and of the preceptes of the .x. commandemētes and that euin to so many degrees as be rekened vp there al thoughe they be mere and vtterly iudiciall as concerninge the penaltie adioyned This lawe from the first begynninge of Christes faith by all the fathers that haue ben hitherto one after an other was iuged to bynde by cause it was the commaundement of god And howe it is expired and vanyssed awey nowe at wiclefes cōmynge that it shulde be no more of the makynge or ordinaunce of god but the handy worke and ordināce of man this thinge lette wiclefe and his scholers trie oute Certaynly he dothe offende and breke the honestie and shamefacidnes naturall who so euer discouerethe the priuey partes of his owne flesshe and bloud as it were the priueties of a strange persone ¶ And the same opinion of walden Pope Martine the fyrste did approue confirme it and that not without discrecion sufficient deliberation For fyrst of al he toke it to the best lerned men he coulde fynde that they shulde with all diligence they myght examin the sayde opinion and when it was examined alowed and commended by agremēt of all them to whom the examination of it was cōmytted than the Pope by his auctorite and power did confirme it ¶ with these men doth agre amonge the diuines Peter of Tarantase Durāde Stephan Brulifer Richarde de Media villa Guy Brianson Gerson Paule Rice and al moste all the schole doctours whiche with one assent do stedfastly holde that Infydels or vnfaithfulles al though they be not vnder neathe the lawes of the churche yet they be bounde to kepe the lawe of nature of god And therfore suche mariages as they haue contract in any degre of consanguinite that is forbydden by the lawe of god be no mariages and that thei muste nedes be dyuorsed And they thinke that the contrary custome of certayne barbarous bestly people do nothynge make to the contrary For saye they the heate and feruentnes of carnall luste and concupiscence hath ouer caste and blynded in them the preceptes and reules of the lawe of nature ¶ And amonge the glosers and doctours of the lawe canon Iohn̄ Andre and Iohn̄ of Imola do gather and conclude bothe by the wordes of the very text of the chaptre Literas and also by the wordes of the gloses there that the degres writen in the Leuitycall be the same selfe degres in the whiche Pope Innocent him selfe doth say that the Pope hath no power to dispense And they holde vtterly that these wordes THE POPE CAN NOT be put there in their owne propre signification and that this takynge and vnderstandynge to say the Pope can not and to vnderstonde it for he wil not or that it is not expedient that this glosinge dothe distroye the texte ¶ And mayster Abbate also doth holde the same opiniō sayeng that the preceptes Leuiticall be morall and denyenge preceptes whiche do bynde for euermore that is to say at al tymes and that the Pope is neuer a boue this lawe of god Ye more ouer that he is bounde to defende it and mainteine it with al that euer he can make and do and to lease therfore not onely all his goodes and landes temporall but also his bloudde and his lyfe And the same Abbate sayth also in a nother place I say sayth he that the very wordes of goddes lawe muste be pondered and wayed and if this seconde degre be forbydden by the lawe of god doubtles the churche can not dispense therin and in lyke maner seynge that bi the very wordes of the law of god wayed and ponderd the brother is forbid by the lawe of god to take his brothers wyfe it folowith that the churche can not dispense in that case that a man shuld mary his brothers wyfe ▪ The whiche thynge sayth he is worthy to be noted in practisynge of the lawe by cause of these great princes the whiche do many tymes desire dispensations of the Pope And likewyse sayth the glose in the Chapter Pitatium And Mathewe Nerew of saynte Gemin in his laste question of his tree of consanguinite and affinite dothe also folowe the same opinion as the vniuersall opinion of all the doctours of Canon And Vincent and Innocent and Ostiense and Abbate folow the same opinion ¶ But here had nede to be some measure in citynge and rekenynge vppe of Auctors for this worke shuld increase growe to an infynit thing if we shulde reken vp here all the names and sayenges of all doctours whiche with hande and foote do approue and folowe this opinion of ours ¶ And by the witnesse sayenges of those auctors that we haue cited thou mayste well and sufficiently knowe and perceyue gentyll indifferent reder fyrst that in those persones whiche the lawe of god dothe calle nyghest of bloudde there can be no good and iuste cause or excuse for the whiche it myght be suffred or dispensed with that one of them shuld discouer the foulenes of an other nor there can not be alleged any thynge so honeste that is able to couer the dishonestie of this thynge Seconde that all
this definition He wyll streicht condemne it as falsly forged coūterfet shal reason and say that it is not made formally clarkly maisterly nor after schole lernynge And agayne he wyll fynde cauillations and say that it is not large and generall inough For that it doth not conteyn the lawes other cōsultori or permissiue that is to saye lawes that giue coūsaile and lawes that do suffre and permit and this he wyl obiecte bicause we haue defined that onely to be the lawe of god which doth bid or forbid Moreouer he shal cry out say that ther lacketh the finall cause or ende that is gettynge of the eternal blis so that by this note or marke goddes law might be distinct and knowen a sondre frō the iudiciall ceremonial and mans lawes the whiche he wyl say be not the lawes of god by cause that the nexte and streicht intent of them is not to ordre leade man to that ende whiche is laste of al and aboue or beyonde nature and how that he shall lyue with god in heuen but only to an ende natural howe he may lyue in a cōmen welthe and in company of men whiche is called a politike or a ciuill ende Fynally he wyll fynde cauillations say that it is a new or a strange definition and made of our owne heed and far vnlike the definitions whiche haue ben so lōge vsed receyued in the scoles Of the whiche this is one that goddis lawe is a true signe or tokē notificatiue which sheweth to a resonable creture the richt true reson minde of god willīg the same creature to be bōde to do somwhat or not to do to suche like definitiōs as this is These such other resons he wil perauenture forge and imagin who so euer he shal be that wil be curious in weying examininge this matter more than richt and reson requireth But we do appele frō suche iugementes to a resonable indifferent and a lerned reder to whome we doubte not but that we shall lyghtely persuade and proue that it was neuer our mynde to plucke downe or breke tho thynges that haue ben receiued and approued and that we haue expressed and declared not vndiscretely and without consideratiō but perfectly inough by this definition the substaunce or nature of the lawe of god ¶ For fyrste seinge that al lawes either be the lawes of god or man and the lawes of man be all those that be ordyned made not by the mouthe and spirite of god but immediatly of man and by the wyll tradicion and auctorite of man and that commande thinges that be honeste or forbyd thinges that be vnhonest for some cause agreable to reason whether this cause be euerlastyng or during for a tyme Furthermore seinge that all that euer god dydde speake in approued scriptures thou canste not cōueniently call them lawes or cōmandementes but them onely whiche do cōmaunde or forbyd any thyng and the whiche of necessitie bynde vs to do as they bid and commande vs Finally seinge that all men do surely beleue and so ought to beleue that the vniuersal church alone hath that key of knowlege and also of power wherby she may discerne and iuge by her auctorite the wordes of god frō the wordes of men By these forsayd .iii. reasons we knowe that a gentyll and an equall reder can require nothinge more in this our definition And we trust that he wyl openly graunt that it is not vnlyke or disagreynge from those definitions that be receyued and approued for as moche as is perteynynge to this purpose ye and that it is also somwhat more fytte and conuenient thā these other be This chiefely was our intent and pourpose that we myghte declare and set forthe the lawe of god after suche maner that it shulde not alonely be euidēt and playn wherby it differeth from mans lawe but also that we shulde ascertayne you what it is as it dothe comprehende the lawes moral iudicial and ceremonialles as many as be rehersed in holy scripture to haue ben ordined and made of god and as do bydde or commaunde any thynge to be done or not done whiche all alyke we compte to be the lawes of god ¶ For as for the streyt or streytest takyng or definition of the lawe of god we did not so moch regarde it and of purpose and for the nonse we dyd leaue out the lawes consultory and permissiue For when the scripture dothe counsayle or suffre vs to do or not to do any thynge this is gentylnesse goodnes and perfectnes of lawes rather thā the lawes selfe bicause it is a point of a good and a perfect lawe to counsayle and suffre those thinges which be nother to be bidden nor forbyddē And yet if any body wyll examine and trie out this definition of ours by the rules of logike perchaunce he shal fynde that it is absolute and perfet in al pointes But it is no tyme here to playe the logition and to brynge proues not necessary nor requisite in a matter playn and euident inough ¶ For we haue declared as we thinke sufficiētly inough what goddes lawe is and also what lawes be worthy to be referred and counted in the ordre and noumbre of goddes lawes and what lawes agayne oughte to be banysshed out amonge the sorte and route of mans lawes Morouer of goddis lawes the diuines make thre kindes that is to sey moralles whiche also be called naturals and iudicials and ceremonials The difference of these the Diuines fynde out on this maner ¶ They calle morals whiche teache and gyue preceptes of the actes offices or dueties of morall vertue that is to saye they shew howe a man shall do vertuously and after good maners what dedes be good and what be not ¶ Iudicials they calle those lawes whiche giue preceptes of particuler actes of Iustice betwixte man and man and preceptes of punishementes and rewardes as euery man deserueth ¶ And ceremonials they call whiche commande vs to do certayne outwarde dedes to the worshipping of god from whēs the name of ceremonies seme to haue sprōge come vp ¶ we will speke nothinge here of ceremonials whiche pertayne nothinge to our purpose by cause that our matter is no cerimonie As for the difference or diuersite of the moralles and iudicials howe thei ought to be takē vnderstād we must nedes declare more plainly For herebi we haue sene men that wel lerned oftētimes blynded deceyued while they thought that this worde Iustice whiche is large conteyneth many kyndes vnderneath it to be single and conteyne but one kynde nor to be taken but one weyes onely where as in dede there be diuers kyndes of Iustyce ¶ One kynde of iustyce is called Legall vniuersall or generall an other is called particular ¶ Legall or generall Iustice is whiche generally conteyneth all vertues vndernethe it and it by it selfe alone is all hole vertue that is euen as scripture
dothe calle a iuste man for a good and a vertuous man and iustice for goodnes and vertue as contrary wyse iniustice generall is not part or a kynde of vice but it hathe in it holly all vice and synne that is ¶ And nowe of particular iustice there be ij kyndes Distributiue and CoÌ„mutatiue ¶ Iustice particular distributiue standeth in distribution or partynge of honour promotion or of money or of other thinges whiche maye be distribute amonge them that be felowes of one citie or coÌ„munalte For these thinges may be diuided amonge vs equally and vnequally and so iustely or iniustly ¶ Particuler iustice coÌ„mutatiue is ordined to mende and correcte suche bargaynes as we make one with an other Therfore when there is ani doubte or question of this poynte of iustice we go to a iudge whose office and deutie is to make them euin whiche be not euin as when he dothe condemne a man in a summe of money and so taketh awey the wynnynge from him whiche had more than ryght afore by deceyte and wronge Than whan the hurte is ones measured and estemed one parte is called losse thother wynnyng and he is called the wynner that putteth the other to losse and he the loser that hath losse ¶ These thynges we haue spoken for this pourpose that we shulde vnderstonde that the Diuines while they say that the iudiciall lawes do treate vpon particular actes of Iustyce betwene man and manne they wyll and meane that the Iudicials onely commaunde and teache by what meanes and punisshementes those thingis maye be correcte amended and brought to a iuste and an euen poynte whiche belonge to particuler iustice to order likewise as morall preceptes belonge to general iustice to order And plainly if any man wyll serche seche out the exacte meaning definition of the iudiciall preceptes specially that be spoken of in the olde testament he shall fynde that they only be iudiciall and so ought to be called whiche be statutes of peynes or at the leest those whiche god in tyme passed dyd answere vnto Moses whan that he asked hym counsaile of the sutes and controuersies of the Iues. For seynge the begynnynge of wysedome is the feare of our lorde that same people so stubbourne and intractable oughte for feare of punysshement to haue ben moued and prouokedde to vertue and to be drawen backe from their wonte and accustomed synne leste that they as men vnreuly and intractable shulde by theyr synne so greatly haue moued and prouoked god that they shulde rightfully and of their deseruing haue gone downe quicke to hell Therfore afterwarde that the morall preceptes were gyuen in the mount called Syna with incredible feare and horrour or quakynge of the herers anon after were gyuen them also the iudiciall preceptes in the whiche god did nothing els but teache and shewe what vengeaunce oughte to be taken vpon them that do trespas and traÌ„sgresse those forsayd morall preceptes For the iudicials as Thomas saythe haue their name of this worde iudgement And as for this worde iudgement betokeneth exercysynge of iustice whiche is done by reason applienge the lawes or rules of iustice certainly to suche speciall cases as belonge only to the ordryng of some certaine people amonge them selfes that considering the state of that people only for saith he seing the moral preceptes be coÌ„mune to al people and that many of them specially of the affirmatiues do apoint neither time place nor maner how to kepe them it is necessarie that these circuÌ„stances be specified determined by some lawe either of god or man And therfore as that general commaundement that god must be honoured and worshypped is specified and declared outwardely by ceremoniall preceptes so lyke wise that same coÌ„mandmeÌ„t of kepyng iustice amonge men called the lauful or generall iustice is determined by the iudiciall preceptes that is done by a iudge applyenge the vniuersall fyrste rule of generall iustice to some particuler matter to the priuate state of some one coÌ„mun welth and to the profet and benifyt of the same only ¶ By these foresayde thinges we thynke that it is euident and playne what lawes ought of rycht to be called iudiciall lawes of god Truly those whiche haue beÌ„ made ordined of god him selfe iÌ„ holy scripture to the gouernynge not of all people but of the Iues to gether amonge them selfe and that in suche thinges as perteyne to particular iustice and haue no morall reason in them selfes nor shulde be of no strengthe nor auctoritie if there were nothynge but reasone to moue thereto but the cause of their makynge was the state of that people and other auctoritie and strength haue they none but onely by cause they were made for their auctorite staÌ„deth rather in that they be decreed and commaunded thaÌ„ in any reason of general iustice of god as whiche stonde more in decrees and penalties then by reule or by reason of commune iustice For there is no commune nor generall iustice in them but they be onely iuste for them that they were made for ¶ And thus we haue shewed the what is the iudicial law of god Now iÌ„ the definitioÌ„ or certeintie of the morall naturall lawe is great derkenes and doubtfulnes bicause it is coÌ„munly vnknowen nor hath not ben written nor declared clerely and diligently of any diuine as farre as we haue redde by what shorte and substanciall waye we myght fynde out by a sure facion of reasonynge what is the lawe of nature howe many kyndes there be of it and also whiche be the thynges that natural reasone shulde shewe and teache vs. These thynges doutles be very darke and ouer rolled and wrapped in moste depe and thicke derkenes by cause that all people on al sydes in maner by a commune consent and agrement folowe vice synne and of so longe tyme hath fallen away and cleane forsake their very propre nature so that partly by cause there be so many vicious customes partly by cause there be so many vayne opinions misordered iugementes so many croked errours and ignorance so many frowarde maners fynally bicause there is so great diuersitie bothe of mens wyttes and of mens appetites and disposytions the holy light of nature is in maner vtterly extincte and put out and skante appereth or sheweth it selfe at all any where and the sharpe or quicke syght and trewe iugement of mans reason by the whiche he shulde knowe what is good what is yll what is true and what is false destitute of his lyght and rightnesse and lackynge the holy goste or spyrite of god whiche is the ruler and gouernour of reasone is vtterly become obscure and darke Therfore here we muste reste and tarye a lytle whyle that as farre as our wytte capacite will serue vs and this our matter wyll suffre we may gyue lyght to these darke thinges and vndo the knottê of the doubtes so as it may be ¶ Ther is in maÌ„ all though it be meruailously
man is made good And as for those iudicial lawes serued not but onely to the orderynge of the Iues amonge them selfe and in those thynges onely that belonged to particular Iustice. The lawes morall haue of them selfe a naturall and morall cause generally to all nations why they were made but there was no cause why the iudiciall lawes of god were made but only the state or condicion of the Iues. The lawes moral be perpetual and vnchaungeable by the consent of al nacions and so remayne and endure by cause they haue their strength and power by the teachynge of naturall reason so illightened although they were neuer commanded by none other lawe These iudiciall lawes be vsed and accustomed onely by ordynaunce ⧠The syxte Chaptre BVt of the licht and trouth of our two worthye groundes principilles that is the definicion of the lawe morall and the lawe iudicial of the whiche two we wyll make a sylogisme or perfecte reason we haue spoken sufficientely Therfore nowe we wyll go forthe with other thinges that pertein to our purpose and shal endeuour our selfe to shewe and declare that tho Leuiticall prohibitions whereby we are forbydden to marye our brothers wyfe and to shewe his filthines is a lawe moral comminge of nature And this thinge we shall brynge to passe perauenture if we make you a reason out of the definitions after this maner ¶ Euery sayenge of god that commaundethe honeste thynges and forbyddethe vnhoneste thynges whiche the naturall reason of man clered by the lychte of the worde of god commaundeth to be done or to be eschewed accordynge to the rule and teachynge of generall Iustyce or vertue and that hath auctoritie and strength euen by naturall reason onely all thoughe it hadde neuer ben ordyned by none other lawe is a lawe diuine morall and naturall But these Leuitical prohibitions be sayenges of god that do forbydde vnhonest thynges whiche the natural reason of man lychtened by the worde of god commandeth to be eschewed after the rule of generall iustice and vertue and haue their auctoritie and strengthe euen by naturall reason onely all thoughe they had neuer ben forbydden by none other lawe Therfore they be godly morall and naturalle lawes ¶ But if that any man here by chaunce wyll by his crafty witte reason and bolde stubbournely that some of those thynges whiche we haue taken to proue our cōclusyon with all be not trewe the texte and the order of the historie and of the place that we haue before rehersed out of the Leuiticall shall sone ouercome him ¶ For truely fyrst of all that those lawes be sayenges cōmaunded to the reasonable creature not by the wyl of man but by the auctoritie or teachynge of god hym selfe the maner the tyme and causes of theyr institution or fyrst ordynaunce do playnely declare yea and this thinge also that is so often rehersed there declareth sheweth the same that is I your lorde god So that we nede no more to doubte of the auctor or maker of these lawes ¶ Seconde the vniuersall catholyke and apostolyke churche hathe shewed that those lawes were taughte vs by the spirite of god and by god by cause that the churche hath putte the .v. bokes of Moses and amonge them the holle boke Leuiticall in the noumbre of these werkes whiche by vndoubted vsaunce and consent of longe tyme the churche hath approuedde and confyrmedde to haue ben wrytten by the spirite of god This same thinge truely the sacre holy coūsayles the honorable Seanis haue decreed the holy fathers priuatly euery man in his workes hath iudged the same thinge till this day hath ben beleued and receiued of all christian men And forsothe seynge that the catholic church hath approuid this thing as strongly as can be and hath publisshed and wytnessed the same openlye to all the worlde that those prohibitiōs the which we nowe speke of be expressely and plainly written in the boke Leuitical and that the boke Leuiticall which can not erre nor lye dothe playnely shewe and declare that these lawes were shewed and spoken by the spirite of god through the mouthe of Moses to the people of the Iues truely no man can say naye but that these Leuiticall lawes be oracles or sayenges that came oute of the mynde of god nor were not made by the ordinance of any man ¶ Thirde and that these Leuitical prohibitions be sayinges whiche do forbydde suche thinge that of it selfe is nought and agayne honestie and suche a thynge truly as the naturall reasone of man lychtened with the licht of the worde of god dothe shewe shulde be auoyded that is to saye the fylthy foule and shameful couplynge with our brothers wife the pith strēgth of this word MAN sheweth declareth by the whiche worde it is signified that they which so come to their broders wife be no lōger men but brute bestes in so moche that god calleth it fylthines a mischeuous and acursed dede abhomination and infamy and a thynge vnlaufull that any man shulde mary his brothers wyfe And this thynge is playne also by cause that god dothe threten to punysshe greuously and sharpely the breakers of these lawes that is to saye that they shall be blotted and cleane wyped out of the myddes of his people and that they shulde be spued out of their lande and they shall dye without chylderne and yet we wyll not speake one whit of the more greuouse and sorer punisshementes For marke wel god threteneth .iij. maner punysshementes to the breakers of these lawes fyrste temporall punisshmente that they shall be caste and banysshed out of their countrey Seconde that they shal be without children whiche punisshment cometh onely of god And thyrdly euerlastynge punysshement that is the banisshment of the soule out of the company of god for euermore For as this seyinge to be put oute of the myddes of his people meaneth not that we shulde be punysshed by any bodely deathe but that we shall not be reckened nor compted in the nombre of saintes or of chosen people And not onely they were thus punysshed but also their bastardes that came of suche forbydden mariages whiche in Hebrewe be called Manzer were forbidden the temple for the Iues call him Manzer whiche is begotten by any of these forsaid fylthy couplinges reken him as a bastarde and borne of an harlot All these trewely were thoughte vnworthye and vnmete to come in cōpany of the people whiche was gathered to kepe and celebrate the feastes and holy dayes or vnworthie to haue any thinge a do or any office in the churche of our lorde wherof this thynge semeth to haue come vp that nowe vnder the gospell bastardes can not be promoted to holy orders ¶ Therfore seynge that god him selfe here doth plainly pronounce and gyue sentence that the Chananes and the Egyptions did defile their lande and spotted it with filthines while that they didde contracte mariage with their brothers wiues and that he for that
haue ben as wel forbidden to mary as they that be of consanguinite but there hadde ben a greatter cause why they that be of consanguinite shulde be forbidden then they that be of affinite truly so wise lawe makers wolde haue bouÌ„de these persones of consanguinite vnto a streiter bond of mariage then persons that be onely of affinite and not bothe vtterly of lyke and in one degre But nowe seynge one selfe same prohibicion of the lawe of god dothe conteyne all persons aswell of consanguinite as of affinite in the fyrste degre and of the fyrst kynde and that bothe by the lawe of god and the lawe Canon we ought to absteyne aswell from these persons that be of our wyues bloudde as from them that be of our owne bloudde by cause that man wife be bothe one flesshe bloud as witnesseth this sayinge of god They shal be .ij. in one flesshe And bycause that the kynred of bothe sydes that is to say of the mans side and the womans side ought to be compted coÌ„mune to them bothe truly we shulde take our brothers wyfe euen as our owne natural sister as touching the ê“hibition of mariage like as our doughter in law ought to be taken of vs euen as our owne doughter as saint Augustine sayth ¶ And that the secoÌ„de also is very true it is very euident playne For he that marieth his broders wife taketh his fathers flesshe bloudde to mariage The whiche thing plainly is ageynst the law of nature For seinge the husbande the wife be one flesshe bloud truely he that taketh his brothers wife takethe also the flesshe and bloud of his brother as for our brother is the flessh bloud of our fader moder that more nerer vnto them than any of both theyr sisters bicause he is their owne son Therfore if it be forbiddeÌ„ by the lawe of god also by the lawe of nature to marie our fathers sister or our mothers sister or els the wyfe of our fathers brother or mothers brother whose wyues be but of affinite to vs that onely in the seconde degre truly moche more it shuld be ageynst nature to mary our brothers widow For the nerer that they come to the stocke to be one flesshe bloud the more thei ought to be forbid But our brother is more nerer vnto our fader as it is aboue sayd then is either of our vncles or auntes ¶ And here be proues inough by the whiche we haue shewed as it becommed vs that these Leuiticall prohibitions that we shulde not marye our brothers wyfe c. come of naturall reason ¶ Nowe there remaineth to shewe how the same be toucht vs by the sayde naturall reasone accordynge to the reules and teachynge of generall iustice or vertue for to fourme and ordre the maners of men And this we dyd proue partly before and nowe we shall speake of this same matter more largely For the reule of commune Iustice or vertue dothe teche vs tho thinges only whiche in the maners of all men vniuersally be good euyll rychte croked iuste vniuste and suche as ought to be folowed or auoyded euen of them selfe and for the obteynynge of euerlastynge blysse And truly there is no man but sayth that tho thinges whiche be forbyd in the Leuitical lawes be such thinges For fyrst they perteine and serue to facion and order mennes maners For here truely we calle the MANERS of men the outwarde dedes of men and also the inwarde affectioÌ„s and disposytions of the mynde what so euer they be that come of morall vertue the whiche who so euer dothe kepe and performe it shall be sayd that he lyueth well and doth well and he shal be called verely and truly a good man Nowe as for these Leuyticall lawes do not onely belonge to chastite but also to PIETIE by the whiche as Cicero defineth we be taught to do our duetie and dyligente honoure and seruice to our countrey to our parentes and to them of our bloudde and vtterly to all men all that ryght and reasone wyll we shall do This thynge the fyrste lawe of maryage declarethe playnely inoughe whiche is this THIS BONE nowe is of my bones and this flesshe and bloudde of my flesshe and bloudde For the whiche thynge a man shall leaue his father and his mother and shall stycke to his wyfe The whiche sayenge all be it other men drawe it to the dwellynge to gether of man and wyfe and other to the loue that ought to be betwene them to vs it semeth that these two thinges were chieffly commaunded vs in this lawe Firste that the housbande shuld euermore with out any departynge sticke to his wyfe Seconde that no sonne shulde mary with his mother nor no doughter with her father But for this thinge that is to saye bicause the strength and power of mariage is suche that it gleweth faste to gether with streite and moste holy bonde the man and the woman and dothe make of them that be .ij. seuerall and distincte persons one body and one flesshe therfore shall man leaue his father his mother shall sticke to his wife that is to saye man shal absteyne from the mariages of father and mother nor shall not disclose their foulenes nor shame them agaynste the holines and chastite of maryage and agaynst naturall honeste and shamefacidnesse and against reuerence whiche by nature is due vnto them For seynge that those persons be ioyned moste nye vnto vs longe syns by the bonde of bloudde and coÌ„sanguinite to whome also nature teacheth vs that we shulde owe other loue shamfacydnes and reuerence be syde the loue and reuerence of mariage truly if they shulde ioyne them selfe to vs by maryage bothe the cause why maryage was ordined shulde lacke the chiefeste and beste ende nor shuld not take effecte and shamefacydnes honor and reuerence naturall shulde be vyolate and broken contrary to all comelynes and goodly behauour ¶ And that this was the very reasone and intente of the Leuiticall prohibitions this thynge playnly declareth For god did put to the cause of the forbyddyngis after theÌ„ which is this For it is the foulenes or shame of the father it is the foulenes shame of the brother so forthe so that if one wolde aske why it is not lauful for vs to mary our stepmother to discouer her foulnesse there it is answered For her foulenes is the fathers foulenes whiche is one body and one flesshe with the father And if a man wolde demaunde agayne why it is not laufull to discouer the foulenesse of thy father the answere is by cause he is nieste of bloud to the to whome thou must before al other do honour reuereÌ„ce coÌ„trary to do him sham villany it is an vnlouinge and not to be spoken dede And plainly so did Sem Iaphet iudge which tought by the prescriptes of nature before any lawe was written couered them selfe with a
for this thing to encreasse amonge vs loue and charite and ageine seing that he hym selfe dyd cōmaunde vs that our iustice and goodnesse shulde passe the Iustice of the Scribes and Phariseis And be suche iustice as a pure iust man ought to haue and our chastite lykewise Playnely if Christe wolde haue excepte vs from the bondes of these most holy lawes so that they shulde haue no power in these dayes vpon christian men where as we canne not denye but they haue had power strengthe amonge the Iewes in tyme passed forsothe besyde many other absurde and vnresonable thinges these .ij. chieffly shulde folowe The one that the olde law and Moses the auctour therof shulde be farre more perfecte than Christe his newe lawe The tother that Christe hym selfe shuld seme to haue giuen more large and fre libertie to fylthy luste and pleasure euen vnto vs whiche be christian men spirituall people and that lyue by the spirite of Christe and by the holy goste than he did giue before tyme to the carnal Iues. The whiche .ij. thynges it is euidēt playne that they be most absurde and as moche agaynst all reason as can be ¶ For Moses neuer ordined nothinge that doth leade a man immediatly streicht to any vertue or morall perfection but the same thing is also commanded orels confirmed in the lawe of the gospel by Christe him selfe other by expresse wordes orels so that it might be vnderstande And al that euer do expoune this place of Matthewe where he saith I am not come to breke the lawe but to fulfyl it do shewe this thynge as euidently as can be For al they with one voyce and with one spirite or mynde do agree to this thynge that as Christe did take awei none of those lawes that were but sygnes or tokens or shadowes of thinges to come but rather did fulfyl them and that by .iii. meanes Fyrst bicause he did finysshe and ende the fygures of the olde lawe Seconde bicause he did performe them in dede Thyrde bicause he declared what they meaned Euē likewise he did fulfyl al the morall preceptes bothe as touchinge the perfecte knowlege and vnderstondinge of vertue goodnes whiche he hadde and also taught it vs and ageine as touchinge the execution and doynge accordinge to the same knowlege and more ouer as touchinge the relyfe and remedy wherby he saued mankynde from euerlastynge damnation after the fall of Adam or els as Duns saythe in other wordes Christe did not take a wey the morall lawe of Moses but onely did declare it more playnly then the Iues did vnderstonde it and did make adde to more perfecte reamedies for our saluation then Moses ¶ For thus sayth saynte Augustine By cause sayth he the Iues vnderstode manslaughter to be nothinge but onely the sleinge of a mans body wherby he shuld lose his lyfe bycause they thought vnderstod that adultery or fornication was onely the vnlefull bodely copulation with a woman Christe opened taught that all and euery ill motion pourpose will or consent to do our brother harme is compted for a kynde of manslaughter and that euery vnlefull desyre to bodely pleasure is fornication adultery Ageyne THESE PROVD folke whiche iustify them selfe and in their owne conceit thinke them selfe good the lawe hath got them in her bondes and daunger by their gylte and faute of transgression or breakyng the lawe and so the lawe increasseth their syn in that it byddeth them to do that whiche they be not of power to fulfyll and therfore the iustice or goodnes that the law doth teche vs is fulfylled and perfourmed by the spirite of Christ. And bicause truly it is harde euen for them that be vnder the grace of god and be ruled by the grace of god to fulfyl and vtterly to kepe this that is writen in the lawe Thou shalte not desyre Christ became the sacre prest bi the sacrifice or offerynge vp his body dothe get vs perdon remission and forgyuenesse of our synnes and so he dothe fulfylle the lawe in this poynte for vs so that that thinge whiche we be not able to do our selfes bycause of our infirmite and weakenes is recouered made vp by the perfect goodnes of him whiche is our heed and al we christian folke membres to the same heed For the hole church of Christ or al christiā people make one body wherof Christ is heed ¶ To the whiche sentence agreethe also saint Ireneus Our lorde saith he did not fordo the natural preceptes of the lawe by the which a man is iustified made good the whiche lawe euen syns it was gyuen all they kepe that were iustified by theyr faith and pleased god Our lorde I saye dyd not adnull them but he dyd extende and enlarge them ye and fulfilled them or made them perfecte as is playne by his owne wordes which be these It was said to the Iues in the olde lawes thou shalte not commytte adulterye but I saye vnto you that who so euer dothe loke vpon an other mans wyfe with mynde and wyll to medle with her hath committed adultery nowe al redy euin in his harte All these wordes truly sayth Ireneus do not contrarye nor anull these thynges that were writen before in the olde law as they whiche folowe Marcion saye but fulfyll and make them perfecte as Christe hym selfe sayth Excepte your iustenes and goodnes passe the iustyce and vertue of the scribes and Phariseis you shal not haue the king dome of heuen And wherin sayth Ireneus shuld we passe and excelle the Scribes and the Phariseis Firste truely that we shulde beleue not onely in the father but also in his sonne whiche is nowe manifestly knowen amonge vs. Moreouer that we shulde not onely speake well and after the lernynge of Christe but also do accordyng to the same which the scribes and Phariseis dyd not whiche somtyme spake well and did not therafter Last of all that we must absteine not onely from yll dedes but also from the thoughtes wylles desires of all euyll And as for these thynges he taught not as contrary to the law but put them vnto it to fulfyll and make it vp and to roote in vs the iustifications and perfectnes of the lawe For where as Christe did cōmande vs to abstein not only from those thynges that were forbydden by the olde law but also from the noughty lustes desires and wyll of the same this thynge is not contrari to the lawe as we said before nor breketh not the lawe but fulfilleth and increasseth the lawe ¶ Therfore by cause all the naturall preceptes be commune to vs and to them and we be as well bounde vnto them as they were amonge them trewly they had their beginning first springynge vp in vs they toke their ful perfectnes For truly to submit our selfe vnto god to folow his worde and cōmandement and aboue all thynges to loue him and to absteyne from all euyll doinge
marie our brothers wyfe be the lawes of god And more ouer lawes moral longynge to vertue and good maners and not iudiciall And this is no doubte seing that they haue in them naturall reasone fetched from the begynnynge of the worlde euen out of the secrete ordinaunces of nature For we haue proued by the auctorite of god or of holy scripture that as it was ordyned of the moost beste mynde which is god euen so it was ordined vpon the moost beste reason and consyderation that is onely for a zele of chastite of naturall shamfacidnes and other vertues that no man shulde marye his brothers wyfe we haue shewed howe agaynste nature howe fylthy and abhominable it is and vtterly vnmete for a christian man to contracte mariages in that degree we haue shewed howe greatly contrary it is to the ordre of loue and of the reuerence that shulde be betwene kynsfolke and what a confusion it shulde cause of names of kynrede how moche it is ageyn the increase of loue charitie we haue shewed that holy deuoute christian eares do abhorre it and can not suffre to here it spoken we haue shewed that besyde the great punisshmentes and vengeaunce that god taketh on men in this lyfe that also the punisshement of the euerlastinge fyre of helle abydeth them whiche be not afrayde to commit this syn By the whiche reasons without doubte it is euident and playne that these Leuiticall prohibitions be the lawes of god and morall bicause they cōmande those thinges to be don that be honeste and forbydde tho thynges that be foule and inhoneste and suche thynges as the naturall reasone of man clered by the lychte and bryghtnes of the worde of god sheweth that they ought to be done or not done accordynge to the rule of generall iustice otherwyse calledde vertue and honestie and so they be of strengthe and auctorite to bynde man to kepe them euen by the instruction of reasone so illychtned and restored and that thoughe they were neuer commaunded by none other lawe ⧠The seuenth Chapter NOwe seyng that the commun consent of all wryters and expouners of mannes lawe and goddes lawe specially those that be approued by the iudgement of the churche hath stedfastly holden and obteyned as a thynge to be taken for a treuthe that all the morall preceptes of goddes lawe do yet indure sacre and holye and by the lawe of god do bynde vs so streytely and of suche necessite that they be not vnder the power of the churche and that no persone vnder god hym selfe can release the streite bonde of them and lose from them whom it pleseth him Truly it is euident that no pope can bi any dispensation giue licence that a man shuld mary her that was his brothers wife the whiche as we haue shewed you before is forbiddē and that the prohibicion is both the lawe of god and the lawe morall groūded vpon honestie and vertue But bicause that this our conclusion may stonde yet the more stedfastly ageynst al cauillacions false accusations and vnrichtfull out cries and sclaunders of all persones we wyll assaye to declare stablysshe these thynges more largely bothe by other reasons and by other sayenges of auctours In the whiche thinge we be all mooste ouercome with the multitude and great noumbre of them so that scante we can telle where we shall fyrste begynne ¶ But let this be the fyrste That all preceptes whiche be commanded by the lawe of god the law moral do bynde vs to do them so that without remedye we muste nedes kepe them if we wyll be saued For suche cōmandemētes do so expresse and declare the minde of god our lawmaker and be so grounded vpon the precise rule and teachinge of cōmune iustice whiche rule of cōmune Iustice or vertue came of the wyll of god that is moste iuste and moste beste to forme and ordre vniuersally the maners and lyfe of man and finally haue so moche of the nature of very true vertue in them that there can chaunce no case nor no resonable cause be imagened but that if we do contrary to them streicht waye we do contrary to the wyll and pleasure of god whiche specially regardeth the commun helth and saluation of all and do peruerte and tourne vp sette downe the ordre of verye richt and honesti destrue al the nature and course of vertue and fynally it can not be chosen but that we muste falle foulye and wretchedly into shamefulll vice and synne In so moche that what so euer pope wyll go aboute to dyspense with the bonde of them he truely shall do nothinge els but peruerte the ordre of iustice or vertue and breake the course of vertue and giue leude liberte to synne that is to abuse his auctoritie and power to destruction not to buyldynge and settynge vp contrari to the sayenge and mynde of thapostol For thus vsynge his power he shulde destroye vertue and set vp vice For what licence can be gyuen or what recompense can there be for this that a man might haue libertie to synne and not to kepe hym selfe from vice what perdon or dispensation can there be that god shulde not be worshypped and it to be no synne what cloke or colour can be founde that a man mychte commytte adulterye but that the selfe same colour shulde tourne vp so downe all vertue and publyke iustice what power maye make it laufull for vs to murdre and steale these thynges kepynge their names and theyr natures of murderynge and stealynge ¶ Nowe then seynge that nothynge can perteine more to the .x. commandmentes nor more strongly moue the iudgement of the richt reason then can natural reuerēce the holynes of chastite the increase of loue and charite the holy kepynge of mariage shamefacydnes and loue towarde them that be of our bloud and our affinite and finally al other vtues whiche as we shewed sufficiently before were the cause that these prohibitiōs were made we ought to beleue that with them truely the pope can in no wise dispense And this thing is easie to se bycause that the reason of these Leuitical lawes is suche that in no case it can not be disseuered from them by cause the reasone is grounded vpon suche naturall vertue and honestie whiche must neuer be lefte vndone yea and seing that now there is suche multitude both of mankynde and womankynde there can be no case imagyned for the breakynge of those prohibitions whiche for any profet or nede shulde do so moche good as is the goodnes that cometh by kepinge of the same ¶ yea and more ouer many wytnesses of scripture do euidently proue that in these thinges whiche be commaunded by the morall lawe of god we shuld euer do and teache that that is cōmaunded hauynge no regarde of sclaunder or of necessite amonge the whiche be these places chiefly HE that loseth any of these least cōmaundementes shall be called the leaste in the kyngdome of heuen Agayn this IF thou
haste brought thy offerynge vp euen vnto the altar and there doste remembre that thy brother hath any thinge agaynste the ▪ leaue thy offring there and go thy wayes and fyrst reconcile thy selfe to thy brother and be at a grement and accorde with him and then come and offer vp thyn offringe Also this place LET the deade bury the deade Ageyn IF you knewe what this is that god sayth I VVIL haue piete mercy and compassion loue and charite and not sacrifice you wold neuer haue condemned the innocētes or the fautles Itē VVHER fore do you breake the commaundement of god for your lawes traditions and teachinges Itē COME behynde me Satanas for thou sauerest tho thinges that be of man not of god Item SCRIPTURE may not be losed or dispēsed with Item THE prophetical scripture belongeth not to the interpretatiō of man and suche like Of the which placis it is euident playn that no seruyce or obedyence no sacrifyce nor offeryng no werke be it neuer so good to our syght and fantasye nor no tradition or ordinaunce of man is acceptable to god if that it withdrawe vs by any maner of thynge from the obseruation and kepinge of the commaundementes of god and the moral preceptes as these Leuiticall prohibitions be ¶ And these thynges saynt Cyprian also proueth and confirmeth beside those auctors that we haue rehersed before For he saith it is necessary that in al our werkes we be subiecte and obedient to the cōmandemētes of god nor no man for fauor or respecte to any person in suche thynges may graunt any perdon where as the law of god commaundeth the contrary ¶ Also Basilius proueth the same Bycause sayth he that amonge all causes that chance amonge vs whether they be ī wordes or in dedes some be distinctely determined in holy scripture bi the worde of god some be passed ouer and not spokē of at all As for those whiche be wrytten in scripture there is no licēce at al graūted to any mā either to do that that is forbydden or to leaue that vndon whiche is commanded For our lorde him selfe hath gyuen this commandment and sayth vnder this wise AND kepe thou this worde which I cōmand the this day Thou shalt nother put any thing to it nor thou shalte not take any thing from it yea and moreouer there shal be a terrible expectation of the day of iudgement and of the fyre that shall come from heuen whiche shall consume all them which haue ben so bolde to do any suche thinge ¶ And the said Basilius in another place saith That he whiche is a p̄sident a spiritual ruler oucht to be as a minister of Christ a distributor almosynar of the misteres of god to fere lest he shuld other speake or commande any thinge beside the will of god and beside that whiche is euidently cōmanded in holy scripture leste he shulde be founde as a false witnesse of Chryste or a thefe of sacre holy thinges other bringyng in any thing which is strange vnto the doctrine of god orels leauinge out some of those thinges whiche be to the pleasure of god ¶ Also saint Ambrose maketh to this purpose for he expouninge in the .iij. of Genesis the answere of Eue sayth thus The proces of all this present lesson teachethe vs that we oughte nother to take awaye any thynge from the commaundementes of god nor yet to putte more vnto them For if saynt Iohn̄ gaue this iudgement of his owne writynges saynge thus IF any man shall adde vnto them god shall cast vnto hym those plages and vengeances whiche be wrytten in his boke of reuelations and who so euer shall take away any thinge from the wordes of this prophecy god shal wype his parte cleane out of the boke of lyfe Howe moche more muste we be ware that we take away nothinge from the commaūdementes of god nor put nothynge to them ¶ Also saynte Barnarde maketh for this pourpose I vnderstonde saithe he that thinge to be so necessarie that it can not be broken not that whiche is ordined by manne but by god and can not be chaunged in any case excepte it be by god whiche made it ¶ And a litell after in the same boke the said saint Barnard saith That he whiche is of lesse power can not dispense in those thinges whiche be ordyned by hym that is of greatter power ¶ And also pope Fabian maketh for this pourpose He truely saith Fabian that dredeth god doth not consent in any wise to do any thinge contrary to the godspell contrary to the apostols contrarye to the Prophettes or contrary to the ordynaunces of holye fathers ¶ Also in this thynge agreeth Isodore and saythe If that he whiche hath rule do him selfe or commaunde any other to do any thynge that is forbydden of god orels if he do leaue vndone or bid any man leaue vndone that whiche god hath commanded the sayenge of the holye apostoll saynt Paule muste be rehersed vnto hym YEA if we our own selfe saith saīt Paule or an angell of heuen do teache you any otherwise thā we haue toucht cursed be he And if any man do forbid you that which shulde do ageynst god obeieng the iudge whan he commandeth moche more then shulde he do ageynst god folowyng onely the dispensation and licence of the iudge ¶ Saint Thomas also is of the same opinion for he in many places of his werkes which partli we haue afore rehersed doth plainly shewe that the prohibition of mariage as concernynge degres of consanguinite and affinite whiche be expressed in the olde lawe do belonge to the naturall and morall preceptes And that the pope can in no case dispēse with those thinges whiche belonge to the natural law and to the lawe of god ¶ with saint Thomas agreeth Alexander de Hales Dunse Richarde de Media villa Durandus Albertus magnus Franciscus Maro Gerson Gabriell Biel Herueus Iacob Almain Barnardus de Trilla Antoninus Florentinus and many other beside these whiche playnely do saye and holde stiffely that it can not be proued by no good richt that the pope can in ani case dispēse with any of those prohibiciōs that be made by the lawe of god and by the lawe of nature For they saye that it is not resonable that they whiche be of lyke power shulde haue power one ouer thother thā it shuld be moche ageinst reason that the inferior shulde lose or dispense with that the superior hath bounde or bynde men to that thinge whiche the superiour hath not bounde men vnto ¶ FVRTHERMORE besyde these reasons of natural honestie shame and reuerence whiche we haue shewed afore an other cause of this Leuiticall prohibicion That a man shuld not marie his brothers wife is the wyl of god whiche is the very and trewe Iustice. For god wyll not this thinge or any other bycause it is iuste and richt but therfore it is iuste and richt bycause god wylleth it as saynte Augustyne saith