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
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
cause dyd greatly abhorre them and dyd mooste richtefully take vengeaunce vpon them and punysshed them most sharpely it can be none other wyse but it muste nedes folowe that god hath iudged this thynge to be shamfully vnhoneste and of them selfe as they sey morally euil nought and also ageinst the richtnes of naturall lawe and reasone yea to be abhominable and abhorred For wherfore elles wolde god haue punysshed so greatly and so greuously the Chananeis and the Egyptions for these synnes and mischeuous dedes For truely it was neuer harde that the transgression of the iuditiall or ceremonialle preceptes whiche onely were giuen to the children of Israel dyd at any tyme so greatly displease god that he wold vtterli distroy them therfore For seing the iudicial ceremoniall lawes haue no power nor strēgth to binde vs but onely after they were made truly the same prohibition breakinge of the whiche god euen amonge the heathens yea and that before the lawe was made dyd so greately abhorre and turne his face from it can not be iudiciall but plainly morall as that is agreinge with the very teaching of nature and that shulde be written in euery mans herte al though in some men it be blotted out with wickedde and noughty maners and vngracious custome For els what reson shulde that be and what richt or conscience to punisshe for doinge that thinge that is not forbydden by any lawe For as god is not wonte to punisshe iniustly and ageinst right so he is not wont to punisshe but for transgression of some lawe And as for the Egyptions and the Chananeis at that tyme had no lawe of god written but the lawe of nature whiche ought to haue ben writen in their hertes ¶ But if any body wil say here that these wordes wher he calleth them mischeuous abhominations and also these punisshementes and thretes whiche he puttethe there belonge not to the first prohibitiōs whereby we are commaunded to auoyde mariage with them that be of our bloud but that they ought to be referred to the latter prohibitions here let hym diligētly marke cōsider the order processe of the xviii Chapiter of the Leuiticall and what the lawe maker intēded to do in it and after what maner he hath diuided and parted the order of his holle matter and at the laste let him compare and set to gether the forsaide .xviii. Chapiter with the .xx. of the same boke and there truely he shall perceiue that the saide .xviii. Chapiter of the Leuitical euen throw out partly doth moue vs partly dothe teache vs. He moueth his people of the Iewes to absteyne from the most cursed and vngracious maners and customes and from such thinges as amōge them were taken for laufull and this his intent he setteth forthe in the beginnynge of the chaptre And afterwarde leste the people as yet rude and vnlerned by cause they knewe not the lawe shulde haue ben ignorant and not haue knowen from what maners and lawes they shulde refrayne them selfe he toke vpon hym the office of a mayster and whan he had reckened vp their mooste vngratious facions of maners he teacheth them from whiche maners they shuld absteine streycht after whan he had made an ende and performed the office of a teacher he tourneth hym backe agayn to the crafte and policie of dissuading and moueth them to abstein from the forsaide crimes partely for feare of punisshemente partly by the examples of the Chananees and the Egiptiens of whom he sheweth that he toke great vengeance and punisshementes by cause they had spotted and defyled them selfe theyr land and countrey with these vngracious vices Nowe if the lawmaker had vnderstonde this laste ende of the chapiter on the latter prohibitions only by and by he shulde haue fallen oute of his purpose as though he had forgotten in the laste ende of the Chapiter what he intended in the begynnynge And trewely thus he shulde haue done in a maner as vncomly as if ani sory oratour or preacher in the begynnyng of his oration or sermon wolde promysse that he wold dissuade men to absteyn from all vices and afterwarde whan he had dehorted and moued the people from one or two vices wolde go his wayes leauing the reste and so mocke and deceyue the expectation of the herers ¶ And also he shall perceyue this that here where as the lawemaker gothe aboute to dehorte the people of the Iewes to absteyne from tho thynges that were laufull amonge the hethens he doth calle them cursed abhominations and so augmenteth and increasseth the greuousnes greatnes of them so that he iudgeth euery one of the crimes to be sufficient to thruste out the Chananeis from their seates natural countrey For as for adulterie or the synne agaynst nature was neuer laufull amonge them but these inceste and beastely mariages why than shuld we not thinke that the lawemaker did meane on the fyrst prohybitions and why shulde not the wordes of abhominacion and execration and lykewyse the peynes punysshemētes there put belonge as well to them as to the latter prohibicions Certaynely in the .xx. Chapiter this is the laste prohibition of all that we shall not marye our brothers wyfe And streyghte after that followeth all these thynges the gentyls and hethēs haue done and therfore I did abhorre them so that it is resonable fyt for vs to beleue that the lawemaker dyd myngle and confoūde to gether these thinges a purpose and for the nonste doubtles to th entent that we shulde perceyue vnderstonde that thei were al to gether acursed and all worthy of punisshement ▪ ¶ Furthermore it semed to the holye fathers whiche were chiefe heedes in the counsayle Tolletan and Agathense that these peynes and punisshemētes shuld be referred to these inceste beastely and vnkynde mariages ¶ Finally Isichius Rabanus Rupert william of Parris folowyng the sayd Isichius playnely dothe referre and applye those wordes and those penalties to the breakynge of this commaundement that a man shulde not mary his brothers wife And truely we haue broughte forthe hereto fore for wytnesse and confyrmation of this sentence many other proues bothe of holy counsayles also of lerned men of great auctorite and credēce so that it shal be voyde and superfluous to tary in this ¶ Moreouer that naturall reason dothe shew and proue that it is sinne and vnhoneste to couple our selfe to our brothers wyfe euen this thyng doth easily confirme and proue by cause that there was neuer nation so beastly none so without all humanite but that thei perceiued and knew that they ought this honor dutie reuerēce to theyr bretherne brothers wiues that they shuld refrayne from their mariages Many didde violate and breke this lawe For this thinge truly is wonte to be done by the fauty and vicious custome of men that folke do sacrifice euery where to idolles and slee and steale and commytte adultry and finally wycked sinners treade vnder their feate
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
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
The determinations of the moste famous and mooste excellent vniuersities of Italy and Fraunce that it is so vnlefull for a man to marie his brothers wyfe that the pope hath no power to dispence therwith The determinacion of the vniuersite of Orleaunce NOt longe syns there were put forth vnto vs the college of doctours regentê of the vniuersitie of OrleaÌ„ce these .ij. questions that folowe The fyrste whether it be leful by the lawe of god for the brother to take to wyfe that womaÌ„ whom his brother hath lefte The secoÌ„de and if this be forbydden by the lawe of god whether this prohibition of the lawe of god maye be remytted by the pope his dispensation â–ª we the forsaid college of doctours regentê accordyng to our custome and vsage came many tymes to gether and dyd sit diuerse tymes vpon the discussinge of these forsaid doubtes and questiones and dyd examine and wey as moche as we myght dyuerse and many places both of the olde testameÌ„t and the new and also the interpreters and declarers bothe of the lawe of god and of the canon lawe And when we had weyed and coÌ„sidered all thinges exactly and with good leyser and deliberation we haue determined and concluded that these forsaid mariages can not be atteÌ„pted nor enterprised except a man do wronge and playne coÌ„trary to the lawe of god yea and that all though it be done by the pardon and sufferaunce of the pope And in witnes of this coÌ„clusion and determination we haue caused this present publike writynge to be sygned by our scribe of our sayde vniuersite and to be strengthed and fortified with the seale of the same Inacted in the chapell of our blessed lady of the annuntiation or of the good tidinges that she had of Christis comynge in Orleance the yere of our lorde .1529 the .5 day of Aprill The determinacioÌ„ of the faculte of the decrees of the vniuersite of Paris IN the name of our lord so be it There was put forth before vs the Deane and college of the ryght counseilfull faculte of decrees of the vniuersite of Paris this question whether the Pope myght dyspense that the brother myght mary the wyfe that his brother had lefte if maryage betwen his brother nowe deed and his wyfe were ones consummate we the dean and College of the forsaide facultie after many disputacions and reasons made of bothe sides vpon this matter and after great and longe tournynge and serchynge of bokes bothe of the lawe of god and of the popes lawe and of the lawe Ciuill we couÌ„sel and sey that the pope hath no power to dispense in this forsayd case In wytnesse whereof we haue caused this present wrytinge to be strengthed with the seale of our facultie and with the signe of our scribe our chefe bydell Gyuen in our coÌ„gregation or assemble at saynt IohnÌ„ Lateranense in Parys the .25 day of May the yere of our lorde .1530 The determinatioÌ„ of these .ii. facultes that is of the Popes lawe and the Ciuill lawe of the vniuersite of Angewe NOt longe tyme sins ther were proposed vnto vs the Rector and doctours regentes in lawe Canon and Ciuile of the vniuersite of Angewe these two questions here folowynge That is to witte whether it is vnleful by the lawe of god and the lawe of nature for a man to mary the wyfe that is lefte of his brother and that departed without childerne but so that the mariage was coÌ„summate And ageyne whether it is leful for the Pope to dispense in suche mariage we the fore said Rector and doctours haue accordynge to our custome and vsage many tymes commen to gether and sytten to dispute these questions and to fynde out certaynly the treuth of them And after that we had discussed and examyned many and dyuerse places as wel of the lawe of god as of the lawe of man whiche seme to perteyne to the same purpose and after that we had brought many reasons for bothe parties and examined them all thynges feythfully and after good conscience consydered and vpon sufficient deliberation and auisement taken we define and determine that nother by the lawe of god nor of nature it is permitted for any Christen man no nat euin with the auctorite of the seate apostolyke or with any dyspensation graunted by the pope to mary the wyfe that his brother had lefte all though his brother be departed without chyldren after that mariage is ones fynisshed and consuÌ„mate And for witnesse of all these forsaide thynges we haue coÌ„maunded our scribe of our fore sayd vniuersyte to sygne this present publike instrumeÌ„t and it to be fortified by the greatte seale of our sayde vniuersite Inacted in the churche of seynt Peter in Angewe by our college the yere of our lorde .1530 the .7 day of May. The determination of the facultie of diuinitie of the vniuersitie of Paris THe Deane and the facultie of the holye diuinitie of the vniuersitie of Paris to all them vnto whom this pÌ„sent wrytiÌ„g shal come wyssheth safetie in our sauiour Christe whiche is the verye trewe safetie where of late there is rysen a controuersie of great difficultie vpon the mariage betwene the mooste noble Henry the .viij. kynge of Englande defendour of the faythe and lorde of Irelande c. and the moste noble lady Catharine quene of Englande doughter of the Catholike king Ferdinande which mariage was nat onelye contracte betwene her and her former husbande but also consummate and finysshed by carnall intermedlynge this question also was proposed vs to discusse and examine accordynge to Iustice and treuth that is to say whether that to marie her that our brother deade without chyldren hadde lefte be so prohibite by the lawe of god and of Nature that hit can nat be made lefull by the popes dispensations that any christian man shulde marye the wyfe that his brother hath lefte we the foresayde deane and facultie callynge vnto our remembraunce howe vertuous and howe holy a thynge and howe agreable vnto our profession vnto our duetie of loue and charitie hit is for vs to shewe the waye of Iustyce and ryght of vertue and honestie to them whiche desyre to leade and passe ouer their lyfe in the lawe of our lorde with sicker and quiet conscience wolde nat but be redy to satisfie so iuste and honest requestes whervpon after our olde wonte we came to gether vpon our othe in the churche of saynt Maturin and there for the same thynge had a solempne masse with deuout prayer to the holy goste and also we toke an othe euery man to delyuer and to study vpon the foresayde question as shulde be to the pleasure of god and accorgynge to conscience And after diuerse and many sessions or syttynges whiche were had and continued in the churche of seynt Maturin and also in the college called Sorbone froÌ„ the viii day of Iune to the seconde day of Iuly when we hadde serched and examined throwe and throwe with as
moche dilygence as we coulde and with suche reuerence and religion or cōscience as becometh in suche a matter bothe the bokes of holy scripture and also the moste approued interpreters of the same finally the generall and synodall councelles decrees and constitucions of the sacre holy churche which by longe vsage and custome haue ben resseyued and approbate we the foresayde Dean and faculte disputinge vpon the fore sayde question and makynge answere to the same and that after the iugement and full consent of the moste parte of the facultie haue concluded and determined that the foresayde mariage with brothers wyues departynge without chyldren be so forbydden bothe by the lawe of god and of nature that the pope hath no power to dyspense with suche maryages whether they be cōtracte or to be cōtracte And for credence and beleue and witnes of this our assertion and determination we haue caused the seale of our facultie with our notaris signe to be put vnto this present writinge Dated in our general congregation that we kepte by an othe at saynt Maturins the yere of our lorde .1530 the seconde day of Iuly The determinacion of the vniuersite of Biturs VVe the Dean and facultie of diuinite in the vniuersyte of Biturs bycause we wyll accordynge to the ensample of Paule the doctour of the gētiles whiche dothe lyke wise in many places wyl begyn our writynge with prayer vnto al the beloued of god amonge whom you most dere reders vnto whō we write be called grace and peace and quietnesse of conscience come vnto you from god the father and frō our lorde Iesu Christe with in the octaues of whytsontyde whyle we were gethered to gether all into one place both in body and mynde and were sytting in the house of the foresayde Dean there was a question put vnto vs ageyne which had ben proposed vnto vs often tymes before beinge no small question which was this whether the brother takyng the wife of his brother now deed and the mariage ones consummate and perfecte dothe a thynge that is vnlefull or no. At the laste when we had sought for the treuth of the thynge and had perceiued and founde it out by moche labour and studye of euery one of vs by hym selfe and by moche and often turninge of holy bokes euery one of vs not corrupt wherby we might the lesse haue obeyed the treuth began as the holy goste dyd put in his minde to gyue euery man one arbiterment and sentence whiche was this I haue wel perceyued in very trouthe with out regarde or respecte of any person that those persones whiche be rehersed in the .xviii. chaptre of the Leuiticall be forbydden by the very lawe of nature to contracte matrimony to gether and that this lawe can in no wyse be released by any auctorite of any man by the whiche ther is made an abhomynable discouering of the brothers foulnes And this is the signe of our comen bedyl notary the seale of our foresayd facultie put vnto this present writynge the .x. day of Iune the yere from the byrthe of Christe .1530 And by cause the foote of our wrytynge shal be of one forme or fasshion with the heed as we began with prayer so let vs ende after the example of Paule that we spake of before and sey The grace and fauour of our lorde Iesus Christe the charite and loue of god and the communication of the holy gost be with you al. Amen The determination of the facultie of diuinitie of the vniuersitie of Bononye GOd best myghtiest taught fyrste the olde lawe or testament with his owne mouth to forme and fasshyon accordyng to loue and charitie the maners and lyfe of men And seconde the same selfe god dyd take afterwardes manhode vpon hym for to be the redemer of man and so made the newe lawe or newe testament nat onely to forme and fasshion accordynge to loue charitie the lyfe and the maners of men but also to take away and to declare doubtes the whiche dyd aryse in many cases whiche whan they be ones clerely determined shall helpe greatly to pfecte vertue and goodnes that is to say to perfecte loue and charite wherfore we thought it euermore that it shulde be our parte to folowe these moost holy doctrines lawes of our father of heuen and that we lyghtned by the lyghte of god aboue of the holy gooste shulde gyue our sentence and iudgement in hyghe and doutfull matters after that we haue ones leyserly and sufficiently taken aduisement vpon the cause and haue clerely serched out opened the thyng by many reasons and writinges of holy fathers as well for the one parte as for the tother doynge nothing as nighe as we can rasshely or without deliberation Therfore where as certaine great noble men dyd instātly desyre vs that we wolde with al diligēce possible loke for this case that hereafter insueth and afterwardes to gyue our iugemēt vpō the same accordynge to most equite ryght and conscience sticking onely to the truth all the doctours of diuinite of this vniuersitie whan we had euery one by hym selfe examined the matter before at home in our houses came all to gether in to one place and there treated vpon hit many dayes with as moche counnynge and lernynge as we coulde we anon loked vpon the case to gether we examyned hit to gether we compared all thynge to gether we handlynge throughly euery thynge by it selfe dydde trie them euen as you wolde saye by lyne and rule we brought forthe all maner of reasons whiche we thought coulde be brought for the contrary parte afterwardes solued them ye euen the resones of the mooste reuerende father Cardinal Caietaine yea more ouer the Deuteronomi dispensation of styrring vp the brothers sede and shortly all other maner of reasons and opinions of the contrarie partie as many as semed to belonge to this pourpose And this question that was asked of vs was this whether hit was forbydden onely by the ordynaunce of the churche or els by the lawe of god that a man myghte nat marye the wyfe lefte of his brother departed without children And if it were cōmaunded by both the .ij. lawes nat to be done whether the pope may dispence with any man to make suche mariage the whiche question nowe that we haue examined it bothe by our selfe secretely and also openly as dyligently and exactly as we coulde possible and discussed it after the best maner that our witte wold serue we determine we gyue iudgement we sey and as stifly as we can we witnes and without any doute do stedfastly hold that this mariage shulde be horrible accursed to be cryed out vpon and vtterlye abhominable not onely for a christen man but also for any infidell vnfeythful or hethen And that it is prohibite vnder greuous peynes and punysshementes by the lawe of god of nature and of man and that the pope though that he almost maye do all thynges vnto whom Christe
dyd gyue the keyes of the kyngdome of heuen hath no power to gyue a dispensation to any man for to contracte suche a mariage for any maner of cause consideration or suggestion And all we be redye at all tymes and in al places to deende and maynteine the treuth of this our conclusion In wytnesse wherof we haue made this present writing and haue fortified the same bothe with the seale of our vniuersitie and also with the seale of the college of the doctours of diuinitie and haue subscribed signed it with our general and accustomed subscription In the cathedrall churche of Bonony the .10 daye of Iune the yere of our lorde 1530. vnder the popeshyppe of Clemente the ▪ eyght The determination of the faculte of diuinitie of the vniuersitie of Padway in Italy THey that haue written for the mayntenaunce of the catholike feyth affirme that god best and mightiest dyd gyue the preceptes and cōmandementes of the olde lawe with his owne mouthe to be an exampler for vs wherin we might se bowe we shuld order our life our maners and this god had done before he became mā And after that he had put vpon hym our manhode and was become redemer or byer of mankinde he made the newe lawe or testamēt and of his mere liberalitie dyd gyue it vs nat only for the cause beforesayd but also to take away and declare al maner of doutes and questions that myghte arise the whiche ones opened and declared what their very true meanynge is to the intent that therby we myght be made perfectly good be greatly frutefull vnto vs and holsome and seinge that this was the mynde of god in makyng these lawes it hath ben our intent and euermore shal be as it becometh christen men to folowe these most solempne ordinaunces of the moste hygh worke mayster god and by the helpe of light that is aboue the capacite of nature to vtter our iudgement in al maner of doutes and harde questions After that we had ones consydered the thynge after the best maner and had by suffycient leyser made it clere by many euident reasons of bothe parties and by many auctorites of fathers of the churche determinynge no thinge as nere as we can rasshely or with out conuenient deliberation seynge therfore that certeyne great orators or ambassadours dyd humbly praye vs that we wolde wytsaue to serche out with all the diligence that we coulde this case folowynge and afterwardes to gyue our sentence vpon the same playnely symply loking vpō the only treuth all the doctours of diuinite of this vniuersite came to geder after that we had euery mā examined the thynge particularly at home in our owne houses and haue beatē it out with all lernynge and counnyng that we were able anon whan we were to gether we cosydered examyned and weyed all thynges by them selfe and brought in all maner of reasons whiche we thoughte myghte in any meanes be made to the contrarye and without all colour or cloke dyd holly and clerely dissolue them take them awaye and amongest al euyn the dispensation by the lawe of the deuteronomi of styrrynge vp the brothers sede and all maner other reasons and determinations to the contrary that semed to vs to perteyne any thing to the purpose we vtterly confuted and dispatched them And the question that was put vnto vs is this whether that to marye the wyfe of our brother departed without children is forbiddē only by the lawe of the churche or by the lawe of god also and if it be forbydden by both the .ij. lawis wheder the pope may dispēce with any man for suche matrimonie or no. whiche question nowe that we haue discussed it and as farre as we coulde haue made it clere bothe priuately euerye man by hym selfe all to gethers openly we say iuge decree wytnesse and for a treuth affirme that such mariage is no mariage yea that hit is to be abhorred and cursed of euerye christen man and to be abhomynate as a greuous synne and that it is as clerely as can be forbydden vnder moost crudell penalties by the lawe of nature of god and of man And that the Pope vnto whom the keyes of the kyngdome of heuen be commytted by Christe the sonne of god hath no power to dispense by ryghte and lawe for any cause or suggestion or excuse that any suche matrimonie shulde be contracte for tho thynges whiche be forbidden by the lawe of god be nat vnderneth his power but aboue hit nor he is nat the vicar of god as concernynge tho thynges but only in suche thinges as god hath nat determined him selfe in his lawe but hath lefte them to the determination and ordinance of man And to mainteine the truth of this our sentence and cōclusion and for most certaine vndoubted defence of the same we all of one mynde and accorde shall at all tymes and in euerye place be redye In wytnesse wherof we haue made this writinge and haue auctorised it with the accustomed seale of our vnyuersitie and also of our college of diuines Dated at Padway in the church of the hermites of seynt Austen the .1 day of Iuly an 1530. The determination of the vniuersitie of Tolose THer was treated in our vniuersite of Tolose a very harde question whether it is leful for the brother to mary her whiche had ben wyfe vnto his brother now departed and that without childerne There was be syde this a nother thynge that troubleth vs very sore whether if the Pope which hath cure of Christes flocke wolde by his dispēsatiō as men cal it suffer this that thā at the leest wise it myght be lefull The Rector of the vniuersite called to coūsell all the doctours regentes that were that tyme at Tolose for to shewe theyr myndes vpon this questiō and that not ones but twyse for he iuged that counsell gyuynge ought not to be hasted nor done vpon heed and that we had nede of tyme and space to do any thynge conueniently and as it ought At the last there came to gether in to one place all the best lerned and counningest doctours both of holy dyuinite and also doctours that were most best lerned in bothe lawes yea and finally as many as had any experiēce in any matter were able to do any thing other by iudgement and discretion or by eloquence or by their excellēt wyttes and did swere that they wolde obey the sacre holy coūsels and wold folowe the decrees of the fathers whiche no man that hath any good conscience will violate or breke and so euery man sayd his mynde and the matter was debated and resoned diffusely and at large for both parties In cōclusion we fell so faste vnto this poynt that this was the sentence and determination that our vniuersite with one voyce of all dyd determine and conclude with moste pure and clere conscience and defyled with no maner of leuen or corruption that it is lefull for no
man nother by the lawe of god nor yet by the lawe of nature to take her to wyfe that his brother hath lefte And seinge that it may not be done by the lawe of god nor of nature we answered al that the Pope can not lose no mā fro that lawe nor dispense with hym And as for that thynge can not be contrary to our sentence verdicte that the brother in olde tyme was compelled by the lawe of the Deuteronomi to mary the brothers wyfe departed without issue For this lawe was but a figure and a shadowe of thinges to come whiche vanisshed a wey as soone as euer the lyght and treuthe of the gosspell apered And bycause these thynges be thus we haue giuen our sentēce after this forme aboue and haue commaunded that same to be signed by our notarie whiche is our secretarie and to be fortified and auctorised by the puttynge to of our autenticall seale of our vniuersite aforesayde At Tolose the calendes or fyrst day of Octobre the yere from the birthe of Christe .1530 ⧠The preface to the reder GEntyll indifferent reder thou hast here before the determinations and decrees whiche the moost famous and moste noble vniuersities of al christendome haue with great consente great iugement and discretion with great faith fulnes and without any corruption with great regarde clerenes and discharge of conscience made and by theyr auctoritie confirmed vpon those leuitical lawes by the whiche it is forbydden that any man shulde marie the wyfe of his brother departed without chyldren and we doubte nat but these decrees and determinations ought of right and good reason to be beleued both of the and also of all other that be men of wysedome and discretion and that be nothynge affectionate but indifferent For suche men wyll be well contente and satisfied alonely with the very truth it selfe all though it be nat fortified with any wytnesse nor sette forthe with pompe and plentie of reasons so that suche men wolde nothinge doute but that thynge oughte to be iudged as certayne and trewe as possible may be the whiche so many of the moost absolute and moost wyse and moost best sene men in all kynde of lernynge haue serched beaten out trased out and in conclusion decreed and determined with so great grauitie and sobre maner with so great studie and diligence and with suche leysour and deliberation But parauenture there be some the whiche wyll lyttell be moued from their opinion that they haue ones taken for all those decrees and verdites of so great lerned and wysemen and for al the agrement and auctoritie of so many and so excellent vniuersities but wyll thynke that hit is necessarie to entre hygher and deper yet into the knowlege of the treuth and wyll nat grounde and stablysshe theyr beleue but euen vpon the foundacions and groundes of very truth selfe whiche they them selfe haue spyed and clerely perceyued and nat vpon other mennes sentences and iudgementes Therfore we haue iudged that we shulde do a thynge worthe our labour if we dyd gather in to one smalle boke certayne reasons and auctorities by the whiche it might be plainly and openly declared that ther were very weighty and ryghtfull reasons whiche were able to brynge so many lerned men into this true opinion And in doing our diligence in this matter hit semed to vs conuenient to folowe as a certayne rule and lyne nat only the auctorities of holy scripture of holy coūsailes and canons and also of the most approued and resceyued doctours of the churche but also the wytnesse of reason and nature and to set before mens eies as farre as scripture or reason or fynallye nature semed vs to helpe for the declaration and confirmation of the iudgement and mynde of these foresayde lerned men And if so be it gentil reder these thynges that we shall sey shall not fully satisfye thy marueilous exact iudgement and shal be sene not to be greatly necessarye and to proue but smally this matter that we go aboute there shal be no cause for all that why thou shuldest esteme the most weightie determination and moste hyghe wisdome and lernynge of these vniuersyties by our power and smalle lernynge but shalte for thy naturall gentilnes pardon our weaknesse and sklendernesse of wytte and lernynge the whiche was not able to do no better shalte loke for more weightye and piththie reasons of the vnyuersyties selues whiche reasons as these vniuersities haue them in a redynes and at hāde so we doubte not but of their humanitie and gentilnes they will gladly shew them to euery man that will desyre them and also shortly put them out openly to all the worlde In the meane season gentill indefferente reder take in good worthe our studie and faythful diligence and this our labour and enterprise and loke ouer these wrytinges suche as they be gladly and indyfferently And let it not be paynfull vnto the good reder yf we tary in any place in this worke somewhat longe for bothe the diffycultie and hardnesse of this thynge and the maner of our intent and pourpose dothe necessarely require that we shulde touche eche one thynge somwhat depely euen from the hede and very fountayne and begynnynge of hit And farthermore that we shulde declare and open all thynges some what at large and plentyfully and that specyally in the fyfte chaptre of thys boke wherby bothe the treuthe playnely shewed maye the more clerely be seen and the errour and false opynion of them that be of the contrarie syde maye be the more easely perceyued And seinge that this verdyte and iudgement of the Vnyuersytyes conteyneth chieffely two thynges the whiche as ye wolde saye be the hyghe poyntes and heedes or issues of this determynation The fyrste that hit is forbydden bothe by the lawe of god and also by the law of nature that any christen mā shulde marie the wyfe of his brother dyeng with out children The seconde that the Pope hath nat power to dispence vpō any suche mariages whether they be contracte allredy orels yet to be contracte It lyked vs here fyrste and formoste to loke vpon the lawe of god that we might clerely se the glorious bryghtnes of the treuthe of our lorde For trewly who so euer wyll diligently loke with suche eies as he oughte vpon the lawe of god puttyng of clene the coueryng of his flesshe and bloudde with the desyres affections and lustes of the same by the whiche a manne is blynded that he can nat se the trewthe of god he shall without doubte vnderstande what thynges be of god what thynges be of Christe what thinges be of the spirite or goste For truely the same lawe doth perfectely teache what thynges so euer belonge to the feare and drede of god what to the euermore enduring treuth what to the euerlasting iustice of god what to the power and vertue of god what to the grace and fauour and to the free benefites of god what to
difference betwene them and other women Therfore I wyll haue my people to be very farre from their maners and conditions And therfore I myn owne selfe theyr verye lorde and god saye vnto them coÌ„mande them that no maÌ„ so hardy to come nye any woman that is nere of his bloud for to discouer her foulenes or shame as to his owne mother to his step mother to his syster to his nece to his aunte or fathers syster to his mothers syster to the daughter of his son in lawe to the daughter of his daughter in lawe or to his wyues syster Also no man shall take the wyfe of his brother and no man shal discouer the foulenes of his brothers wyfe bycause it is the foulenes of his brother For who so marieth his brothers wyfe dothe a thynge that is vnlefull he shall be without sonnes or heyres male Therfore lette nat my people be polluted with none of these thynges with whiche all the hethyns be defyled whome I shall cast out before their faces and with whom that lande is polluted and I shall visite loke on the mischeuous sins of that lande that it shall vomette and spewe forth the inhabitantes of hit Lette them kepe my lawes and my iugementes and se they do none of all these abhominacions whether he be of the countrey borne or a tyll man that is a straunger amonge them For the dwellers of this lande whiche were in hit before them and haue polluted hit haue done all those cursed thynges Therfore let them beware lest that whan they haue done like thingis the lande vomet spewe them out likewyse as it hath vomet and spewed out the nacion that was there before them For euery soule that shall do any of these abhominations shal perisshe from the myddes of my people nor shall nat be rekened amongest my holy people ¶ And trewly hytherto we haue shewed you by a certain breue exposition and that only vpoÌ„ the feythe credence of the most approued doctours that be and also as shortely as we coulde almost all that euer is prescribed and commaunded in the olde testament by the mouth of god hym selfe vpon the begynninge and fyrst ordynaÌ„ce of maryages and of the lawes thereof and more ouer vpon the impedymentes or lettes of maryage by the meane of kynrede and affinitie the which haue place at this day wherby it may easely be perceyued that suche an impedyment of mariage is expressely fouÌ„de in the holy scripture wher by persones be made vnlefull to contracte matrimonie that is to say the impedimeÌ„t by nerenesse of bloudde as Moses called hit by the whiche we vnderstande bothe them that be of kynred and them that be of affinitie also and that nat generally in al kynsfolke but specially in those degrees and persons whiche bothe we haue rehersed and they be expressely rekned vp in the foresayde .xviij. chaptre of the Leuiticall And by the same foresayde thynges a man may also well se that no man can pretende any colour or cloke or fynde any maner of cauillation wherby that man which hath maried his brothers wyfe shulde nat be iuged of all the holle people nat onely to haue contemned and dispised god the whiche hath with so great maiestie coÌ„maunded the contrary but also to haue offeÌ„ded by infectynge and corruptinge the maners of the people by suche a mischiuous example to haue done agaynst the lawes of nature and also to haue broken fouly and vngodly the ryghtes and holy kepynge of shamefastnes and mariage finally to haue hyndred vniuersally the propagacion and increasynge of loue and charitie betwene christen people For who so euer wyll consyder aryghte and accordynge to reason the order the strength and vertue of these lawes and also the wyse intent and reason of the makinge of them he shal sone perceiue howe true it is that we haue seyde And first of al consider howe greatly these lawes of matrimoni do helpe for the maynteininge exercise of vertue of chastite of clennes of holynes puritie of mariage of natural demurenes shamefacidnes reuerence that ought to be betwene kynsfolke specially in mariage of propagacion or increasement of loue and charite and finally of diuers other dueties offices and dedes of vertue whiche both of them selfe be honest good and besydes forth be necessary also to the purchasing obteining of euerlastinge felicitie Ageyn ponder how god most of power and most best doth exhorte in a maner by certaine obtestations or affectuous harty desiringes prayengê nat only the Iues but also the strangers that lyue after Moses lawe to perfourme and fulfyll these foresayde lawes nat onely for his benefites and goodnes that they haue had shulde haue of him but also for his owne auctorite and maieste which is most great and in no wise to be disobeyed Ouer beside al this consider with howe great strengthe weyghte of wordes and with howe great care and thought god in decreenge these lawes doth often reherse sayeng â–ª It is nat for a man it is foulenes it is mischeuousnes it is cursidnes it is abhomination it is nat to be spoken it is nat lefull it is agaynst the very lawes of god breuely hit is fylthye and sklaunderous that any man shulde do any suche thyng â–ª Last of all for a conclusion consider what and howe greuous punysshementes god dothe threten them with whan he dothe require of them the kepyng of this lawes ye and more ouer how sore he hath taken vengeaunce and hath punysshed the hethens by cause they had contracte cursed mariages within these degres and that before this lawe was made And he dothe threten also lyke and not a whitte lesse punisshementes vnto the Iues and hethins that professe the Iues lawe if at any tyme they dyd coÌ„mitte like enormities Forsoth if any man will wey well and examin these foresayde thynges religiously and with good conscience so as they oughte to be howe shal he nat streight approue and allowe the conclusions and determinations of those Vniuersities and to thynke certaynely that it is forbydden bothe by the lawe of god and the lawe of Nature that any christen man shulde take to wyfe his brothers wydowe For seynge that these prohibitions as we shall here after more largely declare were hallowed founded by god hym selfe vpon the feare of god vpon the treuthe vpon iustice vpon holynesse and equite and conscience on feyth apon perfetnesse and ryghtnes and on charite and for to declare and open the knowlege of our synne for to declare the knowlege of the grace and fre goodnes of god for clennes for comelinesse finally for good reasonable and holy obedience or seruice of god and suche as shuld be to our lorde god pleasaunt and acceptable what man hauynge pure conscience in his soule doth not iudge suche forbidden mariages to be incestuous foule vncleane abhominable and a cursed before god and manne And what man ye though he were gouernour
of all the holle worlde if his conscience pricked hym for suche incest wyll not feare the terrible iudgement of god Fyrst leest he shulde prouoke and brynge vpon hym selfe the vengeance of god as dyd the sonnes of Cain the whiche were drowned in Noes floudde by cause they did fouly abuse their systers and their brothers wyues as approued doctours do saye Seconde lest he shulde be constrayned to flee his countrey and his children either to be distroyed or disherited lyke as the kynges of Canaan were serued and as it came in tyme paste to the kynge Iechonias Finally leest that after this lyfe he fall also into the tourmentes of euerlastynge punisshement For here you se before your eies the sacre holy lawes of god here you se the lyuely prophecyes and wordes of excedynge vertue and strengthe the whiche be more persynge as Paule sayth than any double edged sworde whiche ronnethe through til they haue diuided the life and the soule and haue deuided the ioyntes the mary whiche wordes seing they be so playne and open that if any man will adde and put any thinge vnto them it shulde be ieopardie leest he shulde be reproued and founde false and a lyer accordynge to Salomons sayenge Forsothe it becometh a christen harte more to regarde the wordes and auctoritie of god whiche so doth forbydde so hath in abhominacion so dothe punysshe and reuenge suche matrymonie that is contracte with the brothers wyfe than any maner auctoritie of men or any felicitie of this worlde that shulde brynge a man to so great vice and vngodlynesse to so great dedly remorse and tearinge a sondre of a mans mynde and conscience For who doth nat vnderstande that we ought rather to obeye god than man and that hit shall be smalle proffyte to a man if he wynne all the worlde and lose his soule For if he lose his soule he leseth his body also And truely it is a heuy wynnynge for the whiche a man leseth hym selfe that is to saye his bodye and his soule into euerlastynge damnacion ⧠The seconde Chaptre THerfore all thoughe a good and a christen reder after that he hath ones sene these sayenges of god can not resonably desire any thyng more to moue his cōsciēce that he shud surely beleue that he can nat breake this Leuiticall forbyddynges that a man shulde nat marie his brothers wyfe without greuous sinne and transgression both of the lawe of god and of the lawe of nature also we neuerthe lesse wyll brynge forthe also wytnesse of the lawe of the gospell suche as shall be thought to helpe for the clerynge of this matter and also we shall shewe what the sacre holy counsayles and the best lerned and moost approued doctours of the churche haue iuged in this matter And first of al the auctoritie of saynt Iohn̄ and saynt Paule doth maynteine and confyrme the sentence of these vniuersities The auctorite of saynt Paule where as he gyueth his iudgement that christen men euen at this tyme are bounde to kepe that other Leuiticall lawe that a man shulde nat mary his stepmother whiche law was made and publisshed in the same place the same text by the same sprite and the same selfe tyme that this other law was that a man shulde nat marye his brothers wyfe And Paule calleth that vnclenlines or fornication vtterly agaynst Nature and beastly that a man shulde marie his fathers wife Ageyn the auctoritie of saint Iohn̄ is playn where as he openly rebuketh Herode the kynge sayenge It is not leful for the to haue thy brothers wyfe For what so euer the interpretatiō or vnderstandyng of those wordes is whether they be vnderstande of his brother beyng a lyue or deed yet this thynge is sure as it is also sene to great lerned men that saynt Iohn̄ dydde take those wordes out of the Leuiticall boke And by cause that those thynges whiche he did saye shulde haue the more auctorytie strengthe and vertue he pourposely did rebuke and reproue the shamelesse incest life of Herode not bi his owne wordes but by the wordes of god For it shulde haue bene to no pourpose to haue layde any crime to kynge Herodes charge for this thynge vpon any other cause seinge that Herode was an alien and an heathen and therfore was not forbydden by none other lawe wherby he myghte not marye his brothers wyfe ye and thoughe his brother had lefte .x. childerne by her for as the prohibitions of the lawe Canon they were nat that tyme made the lawe Deuteronomi dyd bynde the Iues onely wherfore seinge that this no doute most rightfull sentence of saint Iohn̄ was giuen agaynst kynge Herode an hethen man generally and without any exception lymitation or distinction nor hit is nat restreined vnto the wyfe of his brother lyuyng or of his brother leauyng children what other thynge shulde we thinke that saynt Ihon̄ did meane then that this Leuiticall lawe that a man shulde not marie his brothers wyfe dothe indefferently belonge vnto all men as well hethens as Iues by cause it is merueilous agreable with naturall reason and that all christē men are necessarely bounde vnto the obseruatyon or kepynge of the same as well as they be to the kepynge of the cōmandement of god and of nature For though we graunte that Moses lawe was not taken a wey specially amonge them vnto whom the gospell was not yet shewed vntyll suche tyme as the gospell and this happy tidinges of Christ was published and openly declared vnto them yet all that euer is conteined in Moses lawe as many as belonge either to iudgement or to cerimonies they were deed by and by and of no strength vnto them which all redy did knowe and did preache and teache that Christe grace or fauour of god and the gospel was come And truly it is not reasonable to beleue that Iohn̄ wolde haue vsed suche witnesse or that he wold haue shedde his bloudde and haue died in the quarell to maintaine the truth of those lawes whose credence auctorite he knewe well before that they were allredy vaneshed a wey of nomore effecte or at leste that they shulde ceasse and be takē awey sone after Furthermore Paule dothe greuously rebuke the hedes and rulers and the comunalte of the Corynthes by cause they suffered one of the citye of Corinthe to be conuersante amonge them vnpunyshed whiche beynge blynded I wot not by what errour parauenture by pretence of lybertie of the gospell hadde takē his stepmother to wyfe Ye and more ouer he dothe condempne the same selfe felowe vnto the most greuous punishemēt of excōmunication not so moche by cause he had done agaynst the lawe as bycause he hadde done ageinst nature saynge that is suche fornication as is not euin amonge the hethens whiche be led or ruled by the lawe of nature menynge no doubte that nature dothe abhorre that one the same selfe flesshe that is to sey the fader and the son
of goddis lawe of the lawe of nature most hollely made and euermore to be obserued and kepte and at no tyme to be broken ¶ Nowe to come to the doctours of the churche Tertulian the most oldest writer of all that were sins the tyme of the apostels is author and dothe wryte that this Leuitical forbyddynge that a man shulde not mary his brothers wyfe was brought in taught and ordeyned specially and by name euen of Christe him selfe and his apostels bycause that all the holle churche and company of Christes faith shulde obserue and kepe it with all deuocion and reuereÌ„ce For the same Tertulian disputeth agaynst Marcion vpon this poynt that Christ in the gospel dyd excuse rather then distroye Moses constitution of the lawe of diuorse or departynge of man and wyfe This matter saythe he of diuorse is nat here brought in sodeinly of Christe but it taketh his rote and grouÌ„de of that thinge that IohnÌ„ maketh mencion of For IohnÌ„ did sore rebuke Herode the kyng by cause he had contrarye to the Leuiticall lawe maryed the wyfe of his brother whiche was deed and leste a doughter that he had of her And therfore IohnÌ„ was caste into prison by kynge Herode and afterwarde by hym slayne Therfore saythe Tertulian that after there was mencion made of IohnÌ„ and what ende folowed of hym our lorde for an example of vnlefull maryages and adulterie dyd vehemently crie out vpon kinge Herode sayeng openly and playnely that euery man also was an adulter who so euer dyd marye her that was departed froÌ„ her husbande that ther by he might make the vngodlines and abhominacion of Herode the more greuous and heinous whiche had maried her that was departed from her husbande as well by his deth as if she had ben diuorsed froÌ„ him specially seing that his brother had a daughter by her so that she was maryed vnto hym vnlaufully and hit were but for this thinge bicause he dyd it by instinction and mocion of foule luste of the body and nat by instinction and mocion of the lawe and therfore slewe the prophet which was the meynteyner of the Leuiticall lawe And the same Tertulian also writeth in an other place Bycause saythe he that certayne persones some tyme do saye that they haue no thing to do with Moses law whiche Christe doutles did nat take away but fulfylled and made hit perfecte do some tyme take those thinges of the lawe that lyketh them and make for their purpose playnly we also say this that the law is departed and gone as touchynge this poynte that accordinge to the mynde and sayenge of the apostels the burdens of the lawe whiche our fathers were nat able to beare be vtterly ceassed and taken aweye But as for those thynges that perteyne to Iustyce and vertue do remayne holle nat onely reserued but also amplified and increassed so that our instyce and goodnes whiche be christian people shulde be moche greatter and perfecter than the iustice of the scribes and phariseis and be suche iustyce as a very iuste man ought to haue And our chastite likewise shulde excel and passe theyrs and in no poynt be lasse than theyrs Nowe bicause it is coÌ„manded in Moses lawe that a man shuld take to mariage his brothers wyfe that is departed without children bicause he shulde stir vp sede or gette issue to his brother And bycause this thyng may happen often tymes to one persone as that one woman may be maried to .vi. or .vij. bretherne one after an other for lacke of issue by the former brother accordinge to the subtile question of the Sadduces in the gospell therfore some do thynke that the oftennes of mariage is permysed also in other cases But these men shulde haue vnderstanden first of all the reason and consideration of this precept so they shulde haue well knowen that this reason is nowe ceassed and one of the thinges whiche be nowe voide and of no strengthe nor auctoritie For a man was bounde of necessite to marie the wife of his brother whiche was departed without chyldren Fyrste bycause that as yet that olde blessyng of god Increse you and multiply ought to run forth and continue Seconde by cause the children were punisshed for the fathers fautes Thirdly bycause that the drye and baren persones were had for defamed persons therfore an ordynaunce was made that they shulde haue issue by other of theyr kynne as ye wold say by a proctour and bigotten after the dethe of the father bycause that they whiche were departed without issue nat by the faute of nature by preuencion of deth shulde not therfore be iudged accursed and vnhappy But nowe the blessynge of encresynge and multiplyeng bodily and carnally is ceassed bicause the worlde is at an ende For the apostle induceth counsayleth vs sayenge There is no more but that they also whiche haue wyues shuld be as if they had none bicause the tyme is shorte And agayn The soure grape that our fathers dyd eate that is the sinne that they dyd doth no more stonysshe or set on edge the tethe of the childerne For euery man shall dye for his owne synne And more ouer the baren nowe be nat all onely without infamy and rebuke but also haue deserued thanke fauour of god being inuited and admitted into the kingedome of heuen And therfore nowe this lawe that a man shuld succede into his brothers mariage or that he shuld marie his brothers wyfe is nowe vtterly deed and buryed the contrary of this lawe hath place that a man shuld nat succede into his brothers mariage nor marie his brothers wife And by this as we said before that lawe whiche is ceassed and is no more of strength by cause the reason of it is taken away or ceassed can nat be a coÌ„uenient prosse for an other thinge ¶ Therfore seinge that these thingê before said were writen of TertuliaÌ„ at that tyme whan the church had made very fewe lawes or truly none at all beside tho thiÌ„gê which Christ him selfe his apostels had taught it is plainly to be beleued that this law that a man shuld nat marie his broders wife came by the ordinance of Christ his apostels that it was renued coÌ„firmed declared as ye wolde say by a new conuenaÌ„t agremeÌ„t by a latre testameÌ„t as a law very worthy to be obserued of al christian men for euer more and that ought to be kept with al reuereÌ„ce religioÌ„ ¶ And that holy maÌ„ saint Gregory whiche for his great lernynge and vertue was named Great dothe greatly confirme the same thinge whiche whan saint Augustine the bysshop of the Englysshe men had in tyme past writen to him for counsell whether two brothers germayn myght marie ij sisters which were descended of a stocke farre from them he answereth that this thinge in all cases was lefull to be done by cause there is nothinge fouÌ„de in holy scripture that is thought to
mariage haue in them the auctoritie and maiestie both of the lawe of god and of the lawe of nature and that by very good ryght and reason Amonge the whiche Popes be princypally Calixtus Zachary and Innocent the residue we will not speake of For Calixtus when he was asked why the maryages of kynsfolke were iudged to be vnlefull he answereth Bycause saith he that both goddes lawe and mans lawe hath forbydden them And truely goddes lawe dothe nat onely cast out the childerne whiche were gotten in suche maryages but also dothe calle them accursed and the lawes of manne do calle them infamed persones and do putte them backe from their fathers herytage Further Pope Zachary aunswereth in this maner vnto Theodore the bysshop of Tycin or Pauy askynge counsayle of hym whether that the god doughter might be maryed with the naturall sonne Thy holy brotherheed saythe Zacharie knoweth right well that our lorde did cōmande Moses sayenge Thou shalte not discouer the foulenes of thy father or mother or syster for it is thyn owne foulenes Seinge therfore that we are cōmanded to absteyne from our owne kynrede carnall moche more it is cōuenient that we shuld with all straytenes beware of her that is our faders doughter spritual which place the gloser expoūding doth argue that the Pope al though he wold can not dispēse ī the .ij. degre of cōsanguinite nor yet ī the .ij degre of the fyrst maner of affinitie for the ij degre of cōsanguinite and of this affinite hath his beginning of the lawe of nature And agayne bicause the same degre is forbidden expresly in the old testamēt of god ¶ Furthermore holy Pope Innocent the third also when the king of Hungary had cōplained vnto him of the bisshop of Quiclesiense that he shulde haue misused him selfe with his owne nece he wolde gyue no eare to suche cōplaint For who sayth he can lyghtly beleue that the bysshoppe of Quinclesiēse wold be turned to so shameful passion that he wold cōmit abhominable incest with his owne propre nece seinge that euen after the myndes sayenges of the hethens the lawe of nature dothe not suffre that we shulde suspect any greuous crime betwene suche persons ¶ And the same Pope also folowynge the holy constitutions of the emperours in this poynt For the same consideration dyd make a lawe that prestes myghte kepe theyr moders their doughters and their sisters germayns within their houses ¶ Furthermore the same Pope whan the archedeacon of Byturs sent vnto him to knowe whether that wyfe whiche was departed from her husband without iugement of the church bicause her husbande and she were in so nygh degree of kynred that the sete apostolike coulde nat nor yet was nat wont to dispense with it ought to be restored agayn to her husbande answereth on this maner This woman sayth he which doth knowe the kinred betwene her husbande and her specially in those degrees whiche be forbydden by the lawe of god can not haue to do carnally with this her husbande without deadly synne For all that is not done with faythe and good conscience is synne and what so euer is done agaynste our conscience dothe bylde to hell warde And therfore it were but foly to yeue iugement in this case that this woman shulde be restored agayne to her husbande by cause she oughte not in this poynt to obeye the iudge contrarie to god but rather shulde mekely suffre to be excommunicate For if she shulde be restored agayne vnto this man there shulde ryse a marueylous perplexe and intricate difficultie for she shulde be bounde to do her duetie to her husbande bycause of the iudges sentence and agayne she ought not to do it bycause of her owne conscience seing she knoweth that she is of his kinred And so it shulde come to passe that they shulde be greuously combred and a snare shulde be set for them both to bring them to helle seynge that they can nat carnally come to gethers nor yet be maried the ton with the other Therfore seythe he as often as kinred is obiecte within the degrees forbidden by the law of god it is thought best that iudgement be gyuen that restitucion be made as concernyng al other thinges but as concernynge bedde and carnall medlynge restitucion must vtterly be differred seinge it is better for bothe parties to be discharged in their consciēce vnder this maner than by the other wey to remayne in charge and cumbraunce of conscience And Innocent doth cōfirme in the foresaid place this iudgement of his by dyuers reasons fyrst by the answeres of two Popes Lucius and Clement of the whiche the one vtterly denieth that there shulde be made any restitution in the foresayde case and that they oughte in any wise to knowe of the exception that is whether they be in suche degre of kynrede or no before they come to the article of restitution wherby she shuld be restored home again to her husbande ¶ And the other Pope all thoughe he graunt that she shulde be restored yet whan that is opteyned he thynketh hit is not lefull for the manne whiche dothe knowe of his kynrede betwene hym and the woman nother to paye the duetie of mariage ageynste his owne conscience nor yet that he can require the same of the woman Bicause saythe he if he shulde do it he buyldeth to hell warde no more then he can that is maried to his kynsewoman hath knowlege of his kinrede although there be no questyon nor doubte moued vpon his maryage but onely his owne knowlege and conscience ¶ Furthermore Innocent confirmed his sayenge by a commune opinion and determynacyon of the Canon lawes by the whyche doubtlesse hit is determyned that in degrees of kynrede forbydden by the lawe of god there shulde be no waye to restytution by cause that in those degrees there canne be no dyspensacyon But in those degrees the whiche be forbydden by the lawe of manne there maye be fulle and effectuall restitucyon bycause in these degrees there maye be dyspensation Nor be dothe not synne whiche in this artycle dothe paye the dette of maryage at the commaundement of the Churche ¶ And trewely manye other thynges there be wrytten of the same holye man for this pourpose in other places but our boke wolde growe to an excedynge greatte volume if we shulde wryte them all And these thynges that we haue shewedde gentyll indyfferente reder do clerelye open vnto the what these good Popes haue determynedde vppon these Leuitycall prohybytions of matrymonie whiche is this that they do bynde of necessite bycause they be both of the lawe of god and of Nature so that they iudge that they ought of necessite to be obserued both amonge christian folkes and amonge infidels and the vnfeythfuls ¶ Now besyde al this we shal proue the same by the auctoritie of holy counsayles For doubtles in the counsaile of Tollet it is decreed in this wyse we decree that no faithfull man shall desire to
haue any nere kynswoman of his to be maried vnto him bycause it is wrytten in goddes lawe No man shal come nye her that is next of his bloud to discouer her foulenes And hit is written agayne Euery soule that shall do any of those thinges shall perysshe from the middes of his people ¶ And in the coūsayle of Agathe it is ordeyned in this maner we reserue vtterly no maner of forgyuenes nor perdon nor dispensation for inceste maryages but we wyl in any case that they be punisshed excepte onely they heale theyr adulterye by departynge the one frome the other For as for inceste persones we iudge them nat worthye to haue any name of maryage seynge it is a deadly thynge euen to make any token or mencion of suche persones And we iudge them to be incest persones whiche by carnall medlynge haue defiled his brothers wydowe whiche was in maner his sister before or he that hath taken to wyfe his syster germayne and he that hath maryed his stepmother c. All these persones we doubte not but they haue ben before time and by this our constitutiō be incest persones and we commaunde that they abyde and praye amonge them that be yet vnchristened and but onely lerners of the christian faythe and not to come amonge christian folke tyl they haue sufficiently repented them selfe and amended that they haue misdone ¶ Furthermore in the counsayle of Neocesar and in the Synode of Gregory the yonger it was decreed accordynge to the wordis of god that a woman whiche had ben maried to .ii. bretherne shulde be put backe from communion and from receyuing the sacrament vntyl she dye And a man that had maryed his brothers wyfe shulde be an anatheme in the whiche synode al to gethers answered an anatheme be he that is as moche to seye as damnacion to euerlastynge dethe ¶ Last of all and for a conclusion that sentence of wiclyffe wherin he dyd bolde that the prohibicions of matrymony writen in the Leuiticall be onely iudiciall preceptes of Moses therfore the causes of diuors brought in by the meane of kynred affinite to be brought in without groūde and foūdaciō and onely by the ordinaunce of man was dampned as contrarye to all vertue and goodnes as hereticall and expresly agaynste holy scripture in the great conuocation that was had fyrste at London and after at Oxenforde last of all in the counsaile of Constance ¶ There be decrees of other counsailes and aunswers in writynge of other of the Popes whiche do subscrybe and agree to these foresayde determinations of the whiche thou shalte fynde verye many in the Popes lawe bothe in the boke of decrees and of the epistols decretalles also but we truste gentill and indifferent reder that these forsayde thynges shall fully cōtent the. For thou seest here fyrste of all in maner an hole commune assent and agremente of the holle churche and furthermore thou seest the Popes them selfe do gyue so great maiestie and godly auctoritie vnto these Leuiticall prohybicyons that they do playnely affirme and holde stedfastly that who so euer do marie contrarie to the cōmandement of these lawes be not in very dede man and wife nor they can not haue to do carnally to gethers without deedly synne and that they may departe in soundre without any ingement or decree of the Churche and that they nother can nor oughte to be compelled by any iudgement of man eyther to require or to perfourme the vse and custome of maryage one to an other Thus say the Popes and hit is to be thoughte and beleued that bothe they dyd knowe the compasse of theyr iurisdiction and what they were able to do and that they had wolde rather to haue encreassed and amplifyed theyr power and auctoryte than to haue restrayned hit and made hit lesse And reder thou seest that they leye none other cause herof but onely this that is bicause none auctorite of man can extend or stretch so farre that it may releasse by any dispensation the forbyddynges of god More ouer thou seest and excepte we be deceiued thou dost grant and confesse also that these decrees and lawes of these Popes and counsels vpon the mariage of the brother with the brothers wyfe is plainly none other thynge then a publishyng and sendyng out of the lawe of god and of the techyng of the apostels no newe lawe of their owne inuention or making For they do neuer so forbydde suche maryage as though hit had ben lefull before tyme but onely rehersynge vnto vs the olde lawe of god and the receiued or approued custome and vsage of the churche And that there hath ben suche a custome and vsage euen from the first begynnynge of the churche and that it hath ben obserued before there was any Popes law it is euidētly knowen by the wordes of Tertulyan whiche we haue before rehersed Finally to make an ende thou shalte vnderstande gentill reder that the requestes and sutes of diuers persons whiche haue desyred dispensacyons in these degrees haue many tymes heretofore bene denyed and repelled by the Popes of Rome whiche answered them thus It is nat in any case lefull for vs to dispense with the lawes of god And this we shall shewe you here after Nowe seinge then that very natural inclination doth moue vs vnto the obseruation and kepinge of these forbiddinges seinge reason doth leade vs honestie stirreth vs fere of god and loue of god and of our neighbour goodnesse and vertue doth desire vs the cōmodites and benefites which come by the encrease of loue and charitie do coūsaile vs to the same And seing that god moste best and almighty made these lawes hym selfe and that the consent and agrement of all people hath approued the same finally seinge that the same selfe fynger of god whiche is the holye spirite of god whiche cōmanded these prohibicions to be writen in the Leuiticall boke doth ratifie and confirme the same prohibitions bothe in the godspel of Christe and in the wrytynge of his apostels and also in the sacre holy counsailes of the churche ruled and gouerned doubtles by the holy goste And seinge they be cōmaunded of necessite to be kepte of all christian people it can not be but that the sentence and determinatiōs of these vniuersities is of as vndouted credence and auctorite as can be where they saye that to mary her that is lefte of his brother dyenge without chylderne is so forbydden both by the lawe of god and of nature that the Pope is not of power to dispense with any suche maryages whether they be all redy contracte or elles to be contracte ⧠The thyrde chaptre ANd thus we thynke that we haue well and sufficiently confirmed and stablished our intent and purpose by the Popes lawe and by the auctoritie of counsailes Nowe next we will go aboute to fortifye and make good the same by the moste excellent and most faithful interpreters and most true doctours that expoūd
to pleasure and wolde folowe the myscheuous example of the patriarche Iacob that maried his wyfes syster and wolde mary with theyr wyues systerne ye and that theyr wyues beynge a lyue But nowe what shall we do whether shal we confesse and graunt those thinges that be written or shall we apply our wyt to be somwhat curious and to serche out those thynges that be wrapped vp in silence It is not prouided fore here in this lawe that the father and the sonne shulde not vse one harlotte and yet the prophet iudgeth them worthy of as greate rebuke as may be where he saythe Lo the father and the sonne go to one woman Fynally howe many and diuerse kyndes of synne hath the crafty dyscipline and scole of the deuell inuented the which the scripture of god passeth ouer in secretê syleÌ„ce and that for this coÌ„syderacion and intent by cause the scripture of god suffereth not her honourable and reuerende maieste to be contamined and disteyned with the names of so fowle vyces but scripture comprehendeth all maner of vnclenlynes vnder generall names Lyke wyse as Paule the appostle vnder this one general worde vnclenlynes comprehendeth all maner of vnclenlynes not to be spoken impurites of man and woman â–ª where as he sayeth Let nother harlottry nor fornicacion nor yet no maner of vnclennesse be ones named amonge you as it besemeth saintes So by this we may se how true it is that the sylence of scripture can not helpe vs that we shulde haue lybertie to fulfyll our fylthy pleasures ¶ How be it we iuge that the lawmaker did nat vtterly holde his peace in this matter but that he hath forbidden this thing as diligently and as vehemently and streitly as can be For seing he saith Thou shalt not approche to no woman that is nere of thy flesshe and bloudde to discouer her foulenes or priueties This sayenge dothe comprehende also our kynne by affinitie For what kynne can be more surely knyt or more nere to a man than his owne wyfe or to speake better than his owne propre flesshe or body For nowe they be no more two bodyes but one flesshe or bodye And for this cause hit is not laufull in any case for the wyues sister to approche vnto her sisters husbande which is nere of her kyn For like wise as we absteyne from our stepmother as we do from our owne mother and hit is as vnlefull to marye our wyues doughter as our owne doughter euen in lyke maner we maye not mary our wyues syster no more than we maye our naturall systers And on the other syde among women this reason of kynrede hathe place in lyke maner for women be forbydden to medle with the nigh kinsmen of their husbandes as the men maye not medle with the nygh kynswoman of their wyfes seing that the rightes and lawes of kinred do al of lyke bynde them bothe the women as well as the men as it is euidently knowen ¶ But I do admonisshe and saye vnto all men whiche thynke any thynge on mariage that the floure and state of this world taryeth not and there is a shorte tyme to come to th entent that they whiche haue wiues shulde behaue them selfe as if they had no wyues ¶ That if any man on the other syde wyll ley ageynst me this saynge of god Increse you multiplie then wold I laugh at the mans vndiscretnes whiche dothe not consyder the tymes whan the lawes were made and what were the occasions of makynge of them For seconde mariage is permised to auoyde fornicacioÌ„ and barlatry with commune women and concubynes and to comfort the impotentnes great frailtie of nature nat bicause it shulde be if I may so call it a gardeuiandes or mainteynaunce to intemperaunce and excesse of suche pleasure and therfore sayeth the apostell They that can not refrayne and forbeare let them mary Howe be it they that mary not do nat against the lawe thoughe they marie not But suche kynde of men that wolde marie their wyues systerne bicause their iugement and vnderstandinge is all blynded with a shameful and an infamous affection and lust they loke not ones vpon nature which long sins hath diuised certayne and speciall names the whiche shulde shewe of whens euery man is borne and where a maÌ„ marieth .ij. systers this canne not be for they that be borne of suche couchinge to gethers what name shall one of them call the other bretherne or cosyns that is systers childerne For soth by the meane of this mingle they may call eche other indifferently both bretherne and also cosins with great coÌ„fusion both of names of kynred also wherfore O man make nat thy babes a stepmother in the stede of their other mother or aunt by the moder side Nor arme her not with cruell ielosyes and spytes of stepmothers whiche ought before of nature and kynde to cherisshe thy children euen lyke a mother where as nowe vnto them that thou haddest bi the first sister the .ij. sister if thou marie her muste nedes be a stepmother for of stepmothers only the hatred malice is so egre that it reuengeth displeasures after the dethe of them that they be displesed with And where as in all other discordes deth maketh peace the spyte and malyce reygnethe and ragethe in them euen after deathe ¶ For a conclusion of this matter if a man desyre a wyfe accordynge to the lawe the world is wide he mai haue choise inough But if he regarde not the law but his lust so moche more he oucht to be withstande for to lerne him to kepe his vessell cleane accordinge to honestie not to the desire of the flesshe I was about to write more vnto the but it shuld be out of measure for a letter and I pray god that other this our admonicion may preuaile ageinst all suche foule affection and lust or els that this pestilence come no nere vs but that it maye weare out in the same places where as suche shamefull boldenes fyrst beganne ¶ On these mennes syde is also Isichius Gregorie Nazianzens scholer an excellent lerned man in holy scripture For he expouninge this place of the Leuitical sayth thus The intent of al this proces is this that we shulde absteine from all vice and do those thynges that be vertuous For the lawemakers intent here is this to restreine vs froÌ„ all lechery and not to be spoken mariages and from fornication both spirituall carnall wherfore whan he gyueth these forsayde commandementes he saithe I your lorde god whiche wordes he spake for this cause that whan we perceyue that he whiche coÌ„manded vs to do these thinges is our creatour and made vs of noucht and that he is our lorde and god we shulde with all herte and mynde applie our selfe to kepe the thinges which he commaunded For god dyd not in one place of the lawe gyue twise commaundement that they shuld do his iudgemeÌ„tes and kepe his coÌ„mandemeÌ„tes
p̄tēdest in thy letters that by this lawe of god mariage betwene suche pledges or childerne as thin be is suffred sins that it is not forbidden And I sey plainly that it is forbidden For sithins that those thynges whiche be not so greuous vices be forbydden as that we sayde of brother children moche more this I thynke is forbydden where is moche nerer kynred For he that byndeth vs to flee the lesser dothe not set vs at libertie for the greatter synne but byndeth vs the more Than if thou thinke it is permised for this bicause it is not forbidden specially and expressely and by name no more thou shalt not finde this thynge forbydden by the wordes of the lawe that the father shulde not take his doughter to wife And is it lauful therfore by cause it is not forbydden ye nothinge so It is forbydden by the rycht of nature it is forbydden by the lawe that is in euery mans hert and conscience it is forbidden by loue and charite which by long vsage custome bi continuance proces of time hath gottē this thinge by p̄scription which forsoth is not to be broken it is forbiddē by title richt of nigh kinred howe many suche great thinges shalt thou fynd not forbydden expressely by the lawe that Moses made and yet the same be forbidden by a certeine playne expresse cōmaundement of nature ye and ageyne how many thinges be there whiche are lefull to do and yet not expedient All thynges be leful but al thinges do not bylde and edifie That if the apostoll dothe calle vs backe from those thinges that do not edifie how can we trowe that suche a thinge is to be done that is not lefull by the sayenge of the lawe nor yet doth not edifye by cause the ordre of pitie loue and charitie is agaynst it and it agaynste the ordre of loue and charitie For what is more solemne or more customably and reuerently obserued than the charitable kysse betwene the vncle and the nece whiche he oweth to her of duetie as to his doughter and she to him as to her father Shalt thou then go and make this innocent kysse of loue and charite in the whiche is none offence nor suspycion of euyll to be suspecte whyle thou dost intende suche mariage And wilt thou take aweye from thy dere pledges or childerne so deuout and religious a sacrement and holy token of pure and naturall loue And beside al this what a great confusyon of other wordes shulde there be thou one man shalt be called of one womā graundefather and father in lawe She also shall be called of the by contrarye names as nees and doughter in lawe Also the brother and sister shal borow contrary names For she shall be her brothers mother in lawe and he shall be sonne in lawe to his syster Shall the nece be maried vnto her vncle or mothers brother and shall the pure loue and charite of thyn innocent children be tourned in to lusty and carnall loue But thoughe thou suffre the commaundement of god go by at the leest wise thou shuldest haue regarded the cōmaundementes of the Emperours of whome thou haste hadde great honour and preferment For Theodos the emperour forbadde the brothers and the syster children to comme to gether in the waye of matrimonye and hathe establysshedde verye sore punisshment if any person be so bolde to disteyne the brethers dere gages and yet brothers chylderne be in equalle degree nor the one is not superyour or as it were parent vnto the tother as in thy children wher the vncle shuld mary his nece By cause brether childerne be in a maner bretherne and sistern cōming al of one parentes if it were for nothing els yet for the reuerence that they owe to the same parētes the Emperour wolde haue them absteine from marieng the one with thother If thou say that it hath ben dispensedde with all by god and though it hath yet is this no p̄iudice or president vnto the lawe For that statute that is made in commune and generally for al if it be releassed it helpeth hym onely to whome it appereth to be releassed and none other And though we rede in the olde testament that some man called his sister wyfe yet this was neuer harde that any man shulde take his nece to his wyfe and shulde calle her his mate Nowe furthermore that is the gayest thynge of all where thou denyeste that thy nece is nere of kyn vnto her vncle thy sonne by cause she is not of kynne vnto him by agnation or by her fathers side but onely by cognation or by her mothers syde as who saith that belly brotherne that is they that be gotten of dyuers fathers and of one mother myght make a maryage and yet these persones be not of kynne by the fathers syde but only by the moder side wherfore no remedi thou must go from this intent and purpose whiche if thou mightest atteyne yet shuld it neuer increace thy familie or linage ¶ The seconde doctour that we mencionid is saint Hierome which writeth thus what kyn thinge is this that Abraham a iust a good man toke his fathers doughter to wyfe seing that the fyrst men which were Adams children though they dyd so in dede yet for the holynes of mens eares the scripture dothe not expresse it but wylleth it rather to be vnderstanden than spoken the thinge is so abhominable And seinge ageyn that god afterwarde ordeyned a lawe for it wherin he threteth that who so shal take his sister other on father side or on mothers syde and shall se her foulenes it is a rebuke and shame he shall be dryuen out of his countrey in sight of his owne kynne he hath vnhilled the priuities of his syster he shall receyue his rewarde for his sin This saint Hierome speaketh ▪ as if he wold say that this Leuitical lawe that a man shulde nat marye his syster is so grounded on naturall reason that not onely Abraham ought to haue kepte this lawe and that before it was publysshed in wrytynge but also as many as professe the same faythe beleue and truste in god that Abraham had and that all faithfuls in Christe ought to haue ¶ Laste of all saint Augustine where he goth aboute to confounde and ouer come Faustus that sore ennemye to Christes faythe whiche leyde it for a foule vice and punysshable that christian men at that tyme wolde nother admit nor yet abyde to here the lawe of Deuteronomi ones to be spoken on that a man might mary his brothers wydowe his brother beyng dead without children aunswerethe to Faustus on this maner Certayne lawes of the bokes of the olde testament we do nat kepe nowe a dayes bicause suche lawes were made onely to be a shadowe of thynges that shuld folowe And these lawes though they were conuenient and fit to be commaunded and suffered for that people and for that tyme yet we nowe a dayes that be christian
people oughte not to kepe them bodely or as the bare letter and wordes doth speke but we muste consyder what they sygnifye and we be tought by the apostels owne wrytynges that we must kepe suche lawes spiritually not corporally for whan we rede any suche thynges in the instrument of the olde testamente whiche in the newe testament we other be not commanded to kepe or vtterly forbyd to kepe them we muste not rebuke it but we must seke out what is the gostly meanynge of it For in so moche as we do no more obserue it that proueth not that it is damned in no wise to be receiued but that it is fulfilled And therfore this same selfe thynge that Faustus bycause he dothe nat vnderstande it hathe layde against christian men as a crime and greuous offence serueth for nothyng elles in the worlde but onely to shewe mistycally vnder a fygure and cloude a spirituall purpose it is this that euery preachour of the godspell is boūde so to labour in the godspell that he stir vp sede vnto his brother departed that is to Christe whiche dyed for vs. And the sede that shal be stirred vppe muste haue the name of the brother that is departed wherfore we be called Christiās and therfore without doubt we nowe be bounde to kepe and fulfill this lawe not carnally by bodily generacion after the olde meanynge and takynge of it but spiritually and by gostly generacion and after the trewe vnderstandynge And for this saint Paule the apostell fulfylleth this lawe spiritually where he is angrye with them whom he saythe hym selfe to haue engendred and gotten throughe the godspell and the worde of god to Christe Iesus his brother and not to him selfe nor to none other mā And therfore doth sharply blame rebuke them whiche wolde be called Paulins or Paulis men what saith he was Paule crucified for you or were you baptysed in the name of Paule as if he had sayde I begat you to my brother whiche is deed that is to Christe Be you called therfore Christians Christes men not Paulins or Paulis men ¶ Agayn in his boke of questions vpō the Leuiticall and in that worke also that he named the Myrror he saith that this forbod that a man shulde not marie his brothers wife and al other thingis that be forbyd in the .xviij. chap. of the Leuiticall we be bounde without doubte to kepe them nowe in the tyme of the newe testamēt and lawe of the gospell whan the obseruaunce and kepynge of the olde shadowes and bodily or outwarde tokens is taken away ▪ For what soeuer thynge as he sayth in an other place dothe helpe and serue for vtue good maners lykewyse as they were not ordined to betokē any thinge but to shewe vs howe we muste lyue so they ought nat by any interpretation or vnderstandyng be applied to any signifyinge or tokenynge as if they were but signes tokens of thynges But as many as be of Christes religion and beleue be bounde of necessitie to kepe them euen so as they be spoken And in an other place he saith Although in tyme paste men maried their sisters yet that thing was done bicause necessite compelled mē vnto it for as moche as thā were so fewe people but this thīg is not so olde nor was neuer so necessary but it is now as damnable bicause that religion dothe forbyd it For it ought to be done than whan it might bicause that by mariēge of sisters there might be plentie of women so that by processe they might take wiues whiche shulde nat be their sisters but afterwarde ones that this necessite ceassed that there were women inoughe this thynge oughte not onely to be vndone but if it were done it shulde be a crime not to be spoken For I wote not howe saith he there is amōge all the poyntes of mans shamefacidnes one certayne natural cōmendable poynt and it is this that to what so euer woman we be bounde to do honour with reuerēce and shamefacidnes our carnall luste yea thoughe it be for generation yet by cause it is carnall luste we refrayne it from that woman specially considerynge that we se maryed folke namely that haue shame honestie to be ashamed of suche luste ¶ Nowe here thou seest gentyll indifferēt reder what is the iugement of these great diuinis wherin thou shalte call to thy remembrance .iiij. or .v. thynges Fyrste what so euer persone of Christes beleue breke any of these Leuiticall prohibitions of maryage he shall be damned bothe bodye and soule in to euerlastynge deathe of helle Seconde that not onely the Iues dyd absteine from marienge their brothers wyues euen as ye wolde say for feare of some mischiefe yet they mighte haue done it by auctorite of their lawe but that the very heathens also after the deth of their wyues dydde euer more absteyne from maryinge of their wyues sisterne as from a certayne impietie or abhominacion agaynst nature Thirde that mariages contracte contrary to these prohibitions be vncomely and abhomynable and as nere as can be to the lyfe of brute beastes and suche as christian people shuld nother abyde to here them spoken of nor yet to thynke on them and that they be cleane contrarye to charitie ye and furthermore that they be the transgression and breking of all the lawe Fourthe that they be so greuous and so hateful in the sight of god that they haue distroyed hole nacions polluted the lande and being polluted caused hit naturally to grudge to put them out which had cōmised suche thinges doutles bicause that god did take vengeance at the grefe and complaynt of the lande Finally that these prohibitions perteyne not onely vnto the Iues but to all christians whiche come to serue god and that they whiche be polluted and corrupte with any one of these not to be spoken dedes is defyled with them all and that god is angry with them and wyll not dwell with them and contrary that the spirite of god dwelleth in them that kepe them selfe cleane from suche foule couples And seynge that these foresayde thynges be true it is prouided as playnely as can be that these Leuitical lawes be out of doubte the cōmandementes of god and that morall cōmandementes ordined for thincrease and mayntenaunce of honestie ▪ and vertue and that they muste not be kepte after a spirituall and a mysticall vnderstandynge as Isichius saith more than after the playne letter and euen as they be spoken namely amonge christian folke For as many as be trewe Christes disciples the spirite of god dwelleth in them and if there be any that hath not the spirite of Christe he is none of Christes And therfore christian people specially had nede to be holye and not to suspēde the temple or churche of god with suche abhominations or any other vice but it becometh them to be innocent from all maner of foulenes and vnclenlynes ¶ And marke well this thynge also gentyll
indifferent reder that saynt Ambrose holdeth that it is no doubte and without question forbydden any manne to marye his halfe systers doughter and that for many consyderations as for the increase or multyplyenge of stockes or by cause of religion and reuerence that is in the names of kynrede whiche to be chaunged or to be confounded by the meane of vncleanly loue he iudgeth it a thinge not to be spoken or els bycause these maryages be forbydden bothe by the lawe of nature and so moche more by the lawe of god or els bycause suche couples be not conuenient nor syttynge for as moche as the ordre of natural loue or reuerence is ageynst hit and also bycause that moost religious and deuoute sacramente and charytable kysse the whiche is withoute offense that the vncle dothe owe vnto his nece as to his doughter and she to her vncle as to her father shulde by suche maryages be taken awaye or fynally bicause that suche mariages be forbydden euen by the lawe of manne as by the lawe Ciuille Howe moche more thanne ought we to thynke that we shulde make no suche maryages as be before forbydden in the Leuiticall the whiche as they be full of bondes of farre more nere kynrede thanne this so is there more foulenesse and malyciousnesse in the doynge of them and they lette more the multiplyenge of stockes and they confounde more the religion and reuerence of the names of kynred and they be also moche more vnlefull bycause they be forbydden bothe by the expresse commandement of god publisshed by the mouthe of Moses and also prohibite by the lawe of nature and beside this they let the increase of loue and charitie a great deale more and be agaynste naturall reuerence and shamefacidnes and for a conclusion they be forbydden and interdicte not onely by the lawe Ciuill but also by the holy canons and rules of the sacre holye churche suche no doubte as were indicted and cōmanded by the holy spirite of god whiche hath the orderinge and thadministration of the churche of god ⧠The fourthe Chaptre ANd nowe after that we haue rehersed the doctours of the churche of Christe which be of most great auctorite fame and renowne let vs come to the writinges of the other expoūders interpreters of scripture which though they be not of so great auctoritie yet for al that theyr credence and lernynge is both receiued and iudged to be of grauitie ¶ Truely saint Ancelme sometyme archebysshoppe of Caunturbury whan one asked hym by what reason the forbydding that we shulde not mary any of our consanguinite or affinite hath so great strēgth and power in the church of god that there can be no perdon or dispensatiō for the brekynge of it excepte that the mariage fyrste be broken he answered thus bicause saith he I se the here seke and demaunde not onely the auctoritie as I might say compellynge and constraynynge onely by force and power but rather to seke a reason prouynge and shewynge vnto the this thinge by reason by cause thou shalte knowe that I wyll satisfie and fulfyll thy wyl and desire all be it perauenture I am nat able yet I wyll endeuer my selfe to content the somwhat in this behalfe The canons and lawes of the churche be full of this commaundement and there be many decrees of the olde fathers also that we shulde not mari with any of our bloudde or if we haue maried that we shulde be departed and disceuered again And as for the cause or reason of this cōmaundement al be it I might say that the simple plaine reason is to obey the power auctoritie of them to whom Christe sayd It is not you your selfe truly that do speake but the spirite of your father whiche speaketh in you and to folowe the custome of the holi churche whose customes to breake and fordo is a kynde of heresy yet for all that by the consyderation and marking also of holy scripture I am wont to thynke thus with my selfe Amonge the olde and auncient people of the Iues it was not leful for any persone to mary with any out of his trybe And whan I doubted and soughte a reason why so the doughters of Salphaad came to my remēbraunce For whose mariages whan certayne of theyr trybe and kynred dyd aske counsayle of Moses and by Moses of our lorde cōmandemēt was gyuen them of our lorde that there shuld be no mariages made out of one tribe into a nother whiche was ordined bycause the inheritaunce of the tribes shulde not be diminysshed For that carnall people could not lifte vp their hartes to heuen but as an erthely crepynge beaste with all their breast and harte fast cleauing to the erthe thought only of the erthely heritage and not of the heuenly Therfore euerye tribe had leauer to kepe their selfe within the straites of their tribe by maryenge to gether one of the selfe same tribe with an other then by marienge out of their stocke to diuyde parte out also their heritage for suche was their heritage suche is all erthely heritage that if hit be one 's diuyded it waxeth lesse and dimynissheth nor can not come all holle to many Therfore as our lorde him selfe in the gospell sayth to the Iues that Moses dyd suffre them for their vngracious stomakes and harde hartes to put away their wyues so that they put in a bill of diuorse euin so in this case Moses gaue an answere to their carnalites fleshli desires acording to their stubborne hard hartes that they shulde nat mary out of their tribe but the goodnes and perfectnes of vs that be christian folke is not on this facion For seing that our herytage is god of whom hit is spoken God is loue and charitie lyke wise as the Iues vsed a lawe fit agreable to their heritage so we ought to maītein a law for our heritage whiche is the lawe of loue and charitie For as for loue and charite the brodder it is spredde the more remayneth to hym that doth spredde and caste it abrode and the more his loue and charite dothe increace Therfore the christian religion and perfection hath ordined that the boundes and buttayles of consanguynite shuld be stretched forthe vnto the .vj. degree on euery syde accordynge to the decrees of holy fathers and canons so that kynsfolke being within the .vi. degre may not marye to gether betwene whom their owne naturall affection of one to a nother shulde be sufficiente to fortifye and make stronge loue and charite betwene them the whiche natural affection it is great sinne to violate and breke euen amonge the hethen and vnchristian people And where that this naturall affection and loue begynneth to faile there onely muste be putte to the bonde of mariage for to bynde loue charite to gether agein that it slyp not away to enlarge the boundes buttayles of our herytage whiche is loue and charite And it semeth moste right
and reasonable that as amonge the Iewes the transgressour of theyr lawe was punisshed accordyngely for marienge out of their tribe and kinred for to conserue their erthely heritage so amonge vs christian people it is ryght and resonable that the traÌ„sgressor of our lawe be punisshed to thintent our heuenly couÌ„trey and godly heritage may be encreased ¶ Yet an other reson As they were forbidden to marye out of thayr trybe or stocke euen so they were forbydden by the selfe same lawe to medle with them that were nexte of their bloudde For the lawe saith No man medle with her that is next of his bloudde and the lawe putteth vnto the auctoritie of the commander sayenge I the lorde and as though they had required a cause and a reasone why it was so coÌ„maunded the lawe putteth vnto Thou shalt not open and dyscouer thy fathers foulnes nor thy mothers by cause it is the foulnes or fylthines of thy father and thy mother And afterwarde streyght folowynge he reakenneth vppe in ordre those that be nexte of bloudde with whom we muste not medle nor open or discouer their foulnes that is to witte brotherne and systerne and other that be there described The whiche cause and reasone may be also commune vnto vs and to them euen lyke as the commaundement is coÌ„mune bothe vnto vs and to them Therfore let vs seke what foulnes is this whiche who so discouereth and openneth is wourthy to die for it It is a foule thynge whan one parte doth not agre with the other And before the transgression of the fyrste man Adam in all mannes body there was no thynge fowle fylthy or vnclene no partie contrary nor rebellious to a nother For while that same harmony and swete agrement well and commely proporcioned by the hande of the creator and maker god did yet remayne one partie dyd agre with an other and the soule was subiecte and obedient to god and the body was subiect and obedient to the soule in al pointê But after that by breakynge of the commaundement of god the soule was made inobedyent and stubborne and rebellious agaynste god his superiour the body inferiour was no lenger obedieÌ„t to the soule his superiour For streight the traÌ„sgressours Adam and Eue had theyr eies opened And theyr eyes sayth he were opened that is to be vnderstande the one to haue carnall lust vnto the tother the whiche desyre and luste before they had not And where as they before were naked and were not a whit ashamed therof streyghte whan they sawe that the partes of their bodyes were turned in to thynges to be ashamed of went aboute to hyde and couer them and dydde make couerynge for them The whiche thynge we maye perceyue euen nowe in children and litle babes whiche as longe as they fele nor perceyue no stirrynge nor motion of concupiscence or flesshely lustes they haue no partis that they be ashamed of bicause they can not be ashamed of any parte of their bodies But whan they begyn ones to perceyue and fele that concupiscence they can not suffre their priuities to be vncouered Therfore after this harmoni and swete agrement was broken and vndone in our fyrste parentes there happened not a lyttell foulenes and originall punysshement that shulde go with originall sinne froÌ„ them to theyr posteritie and to al that shulde come of them And so by cause of this foule bodily luste coÌ„cupiscence that Paule calleth the body of synne whiche is within our body those membres and partes that haue ones serued to this lust and concupiscence be named shameful partes foulenesse and shame by cause they be of knowlege and do wytnesse of our inwarde foulenes that is to sey of our luste and stirynge to fleshely medlynge whiche membres euer more do require to be alway couered and hyd And this foulenes of concupisceÌ„ce desire and lust is then opened or vncouerd whaÌ„ it requireth and taketh vnto it the office and seruice of tho membres that be ordyned for it and dothe falle to practise at whiche tyme all that myghte and power of the reasonable soule or of mans wytte is so dulled so troubled so ouercome and so oppressed ouerlaide by the filthy lust of the flesshe that it may be very well sayde at that time Adam where arte thou That is to say thou that woldest haue ben lyke to god I do not se wherto thou art come And what is more foule than this foulenes what greatter shame is there than this shame The whiche the apostel rebukynge Flie you sayth he fornication All the synne that a man doth coÌ„mit is without the body but he that synneth in fornication synneth agaynste his owne body that is to sey all synnis truely hurteth the soule but yet for all that they foule not the bodye but he that committeth fornication doth not only offend god and foule his soule but also he defylethe and maketh vnhonest all the fayrnesse and goodlines of his body For as a thefe whaÌ„ he is taken hath a marke bourned in hym with an iron or with fire to his vttre and euerlastinge shame and rebuke so this bodely pleasure was for a punysshement of synne put into our nature which nature by the faute of brekyng goddes commaundement was nowe holly corrupte thorowe and thorowe in euery parte of it bycause that he in whom al our holle nature was and without whom there was no parte of it was al holle corrupt The which foulenes in all persons ought to be couered euer more with the coueryng of shamfacidnes if it were not necessarie for the generation of man for a peyne and punysshement of the fyrste synne And yet there is no suche loue to the generation and encrese of man that dothe suffre vs to discouer this foulenes in those persones of whome the lawe saith that thei be next of our bloudde For these persons by the law motioÌ„ of nature self owe this reuereÌ„ce of loue charite one of them to an other so that there can be no iust lauful cause why they shulde shame and dishoneste their bodies on this facion nor there can be no honeste excuse fouÌ„de or brought in whiche may couer hyde this dishonestie Not bicause I wolde sey that mariages he nat holy and that the bedde is not clene and without spotte synne in the whiche matrimony is kepte laufully with feare of god and for charytable loue and honestye For by suche matrymonye they that mary be made one spirite and one sowle syns that they be made nowe one fleshe And thus bothe by their honest loue and also by their desire to engendre and gette chyldren do so hyde and couer their dishonestie do as ye wolde sey denoure swalowe vp this penall foulenes filthines of mans generation that as the Apostell saythe They that mary be as though they were not maried Therfore as we haue sayde they that were forbydden to mary out of their tribe by the same lawe also
were forbydden to meddle mary with them that be nexte of their bloud But amonge the Iewes this lawe of naturall loue and affection scant did passe the thirde degre of consanguinite but amonge vs vnto whome the tyme of correctyon and amendement is come by whome god hath corrected and amended the worlde and brought it to perfection whiche shal not be changed loue hath growen and encressed and honestie greatly aboūded and multiplyed and for to be token and declare the perfectiō of the gospell that nombre of 3. is doubled hath extende it selfe in to .6 whiche is a perfecte nombre stondith by his owne partes euen as the trueth of the gospell stondeth by it selfe alone nedeth nothinge elles to vnderset and staye it vp ¶ But here thou wilte leye to my charge say that there were in the olde tyme certaine good vtuos men which for certain honeste causes did presume auenture to break disteine euen the firste secōd degre of cōsāguinite as before the lawe did Abrahā Isaac Iacob which lately before had ben disseuered cōmanded to go aparte frō other naciōs for auoidinge the couplinge mariage with the same nacions and so did mary with them that were nexte of their bloud and this was done before the lawe was gyuen and after that the lawe was gyuen Caleb gaue Axam his doughter in wyfe to his yonger brother Othoniel for a rewarde of victory whan he conquered and ouercame the cite of Letters And also Thamar kynge Dauids doughter whan she was oppressed of her brother Do not brother sayd she but aske me of the king my father and he wyll nat denye the. The which kyng Dauid truly that was said to gyue the syster to her brother in wyfe was father to them bothe wherfore where as I say they dyd presume vpon some certain honeste causes and consyderations that chaunsed yet for al that christian religion the perfectnes that ought to be in a christian man wyll iudge nothynge to be honest that is ageynst the honestie of nature ¶ Lo here thou haste my mynde what I thynke in this question of thyne saythe saynt Ancelme If thou be pleased and cōtented it is well if it displease the I shall lyghtly get forgeuenes and perdon of the. ¶ In this opinion also be Hugh Cardinal Raufe Flauiacensis Ruperte Tuitiensis Hildebart Cenomanense Iuo Carnotense all bysshops and one water of Constance archedeacon of Oxeforthe And trewely the first two Hugh Cardinal Raufe Flauiacense expoundinge the .xviij. chaptre of the Leuiticall shewe howe that chaptre dothe hange with tho thinges that go before Many misticall thinges say they hitherto the lawe hathe gyuen to the olde people of the Iues to obserue and kepe wherin onely was a shadowe of our faith and maners not the very truth in dede and as for here the lawe instructeth and teacheth the people and gyueth them mo preceptes wherby they may knowe what belongeth to good maners to vertue and honestie For those thynges that folowe here must be euen so vnderstanden as they be spoken wherwith the people whiche had nowe betaken them selfe to an other lorde and maister is informed and taught to the intent that they for theyr lyttell power shulde endeuer them selfe to do some good nor shulde not be content with the heuye bourdon of bondage and to be vnderneth sacremētes or signes and tokēs of sacre holy thinges the whiche shulde signifie and betoken iustyce and goodnes not in them selfe but in other men Euen lyke wyse as if a Currour or poste shulde carye any kynges letters into farre countreis by the whiche he shal shewe other what they shall do and yet he shal not do the same him selfe And this same Flauiacense a litell after saith thus Al though saith he that these mariages here forbydden in forne yeres at the begynnyng of the worlde had a certaine facion of their holines neuertheles bicause in processe of time the vertue of continence and chastitie and refraynynge of bodily luste and pleasure was to be promoted set forwarde and encreased and the licence and lybertie of mariage to be restrayned more straytely and not so at large as it was wonte this Leuiticall lawe was made to forbyd suche maryages betwene them that be nygh of kyn and of affinite for the encreasse of honestie and vertue bicause that it was more comly to absteyne from suche maryages And who so euer after this goddes forbod presume to enterprise any such mariage he is a transgressor of the lawe and doth ron in to the abhominable crime syn of incest ¶ Forther more Rupert also If thou askest sayth he whiche be those vncleanly beastes spoken of in the olde testament that god doth hate they be these you shall not do after the custome and maner of the londe of Egypt where as you haue dwelled nor after the custome and vsage of the countrey of Chanaan into the whiche I shall brynge you And afterwarde he sheweth their customes saynge No man come nygh to her that is next of his bloudde For these verely be the vnclenly beastes these be the caroginous and stynkinge beastes whiche the people of god is bounde not to eate that is not to admitte them in to their company For all those persones that do such thynges that commit suche vnclenly and vnresonable beastly vices that discouer the foulenes or preuities of their mother or father that discouer the shame of their syster other by the fathers syde or by the mothers syde those men I saye that do these thinges and in any maner of meane discouer the foulnes of their kynsfolke and do vncouer the foulenes or priuities of a womā that hath the floures that haue a do with their neighbours wyfe that gyue of their sede vnto the image of Moloche and do translate it vnto hym by fyre these and al suche other workers of wickednes be defyled and vncleane vnto whom nothing is cleane For these thynges accordynge to the true sayenge of the gospell do defyle and pollute the mā For that that cometh into the mouth as meate and drinke doth not defyle or pollute a man And we waste no time in these forbiddinges that be here rehersed to serche out the depenes profoundnes of mysticall meaninges or vnder standynges of these wordes for they be plainly iuste and rightwise and the reason why they be so is open and playn at euery mans eie and easye to se by cause they do bryng great rest and quietnes of conscience to the herers but rather I shulde haue said to the doers and the folowers ¶ More ouer Hugh of saint Victore saith thus The fyrst tyme whan god dyd make mariage he dyd forbydde vs onely to contracte matrimonie with .ij. persons that is the father and the mother afterwardes whan he ordined mariage the secōde time whiche was done by the lawe he dyd excepte certayne other persons both bicause nature shewed vs that it was
Lesiarde bisshop Swessionense you know wel inough saith he that I neuer allowed the maryage betwene Peter the sonne of Geruase and of Galeranes doughter of Brutule and that I neuer gaue counsaile nor dyd neuer consente that it shulde be done Yea whan that Galeran the maides father couÌ„sayled me in this matter I gaue hym counsayle by Drogon clerke vtterly to the contrary that it shuld in no wise be done bycause that suche mariages might not stande if there were any that wolde breake it I added also the sayinge of the lawe that one maÌ„ can not be maried to .ij. sisters likewise as one woman can not laufully be maried to .ij. brothers For Sinegund the sister of this maiden whom this forsayd Peter hath nowe maried was the same selfe Peters wyfe not only made sure and handfaste vnto hym by promysse but also yoked and conioyned by the preestes beneson and prayer And if you lay against me that ther was no yoking or mariages where it is well knowen there folowed no carnall medlinge betwene the man and the woman I answere by the auctorite of the fathers that the yocke and maryage can neuer be vndone seinge there was ones a stedfast conuenant promisse of yoking or mariage betwene them wherfore as saint Augustine sayth the aungell sayde true to good Ioseph Feare not to take Marye thy wyfe to the. for he dyd truely calle her Iosephs wyfe whom he had not knowen by secresye of maryage nor neuer shulde knowe And whan he had brought many auctorities of the fathers to this pourpose the whiche were cited before of Hildebarte It is sayth he a canonicall lawe that no man can marie that woman whiche hath made promisse of mariage to an other man Nor contrarie if the man that hath made promysse wolde be maryed to an other woman For bothe the lawes of god and man forbydde these promysses to be broken ¶ This same saynte Iuo also writeth to Odon the archidiacon Euen from the begynnynge of the worlde sayde he the sacrament of maryage remaynethe styll as of the lawe of Nature and in no poynt broken nor changed so that nother original sinne or Adams trespas toke that away nor the iudgement of drownyng the worlde wherby synnes and naughty thinges were wasshed away dyd take away or chaunge maryage Therfore that thynge that is ordyned by the coÌ„maundement of god that god wold haue to be vnchaungeable ought not be broken by no mannes commaundement except the mariage were made without consent of the parties or els dampnable of it selfe that is falsely forged and vntrue or els incestuouse and agaynste Nature and kynde That if any of those thinges do chance there must be no delay but suche mariages muste be healed out of hande by departing and diuorse Therfore though the kyng do promisse that he wyll forgyue many displesures done vnto hym and leaue many displeasures that he inteÌ„ded and that he woll do many good thinges and many plesures if he may kepe still for a tyme this woman whiche he vnlaufully hath and the seate apostolyke to be coÌ„tent withal and he to be styl in the company of christian men yet for all that I say and aunswere vnto you thus by the auctorite of god and diuine scripture that it is not possible for him to haue forgiuenes of his synne gyue he neuer so moche or do he neuer so many good dedes in recoÌ„ pence as longe as he hath wyll and minde to abyde in the same synne acordynge to the sayinge of the appostel There is none hoste sacrifyce nor amendes nor forgyuenesse for the synne of them that synne wylfully whiche in other wordes is as moche to say that no persone hauynge wyll and mynde to contynue in his synne can haue forgyuenes of his synne by any maner of almes or by any maner of good dedes or by any maner of offrynge or bestowyng of his goodes wherfore we rede that our lorde also did answere Cain whaÌ„ he offred vp his goodes and for all that did intende murder Yf thou sayde god doste offer a ryght and doste not diuide a ryght thou hast synned Ceasse leaue of as though he had sayd thou dost synne bi cause thou dost not departe diuide wel which dost bring me thy goodes thiÌ„king vpon murder dost take froÌ„ me thyne owne selfe which art better to me thaÌ„ thi goodê ¶ Her fore also that good Pope Gelasius saythe It is not redde syns Christes relygion began nor there can none example begeuen in the churche of god that this thinge was euer done or euer coÌ„maunded to be done other of any bysshoppes or by the apostels them selfe or els by our lorde sauiour him selfe that any man shulde be assoiled froÌ„ his syn that intended to coÌ„tynue in the same dyd not fully purpose for euer to forsake vtterly to renounce bothe that al other synne or thinge that shuld displese god ¶ More ouer the same saint Iuo did write vnto HeÌ„ry kyng of EnglaÌ„d that wolde haue maried his doughter to one Hugh a kinsmaÌ„ of his answeriÌ„g iÌ„ this wise Bicause it is not comeli that so noble bloud shuld be steined with so opeÌ„ iÌ„cest that the wyl minde of carnal ê‘sons shuld thorow this bestly exaÌ„ple be encoragid to coÌ„mit like incest mariage again nature kinde for the reuereÌ„ce that we haue vnto you true loue that we bere you we desire to admonisshe your maieste before that while you may do it with your honestie you suffre no such mariage to be made leste that suche mariage seinge it is presumed to be agaynste the lawe be worthily and of right broken and vndone agayn by the lawe And doubtles it becommeth not a kynges maieste to coÌ„mit any suche faulte in his owne persone the whiche ought to be punysshed in other with the rygor and extremite of the lawe For sothe we can in no case swarue from the course and ordre of the lawe If we se our parisshon or one of our diocese coÌ„mitte any abhomination specially in mariage bycause of the decree of the seate apostolike VVE reserue no maner of forgyuenes no maner of perdon or dispensation for incest mariages suche as be against nature and kynde vntil they haue healed their adultery by departynge and diuorce For seynge that we do reuerence and feare the power of temporal kinges moche more we are bounde to reuerence and dred the almighty power of the euer lastynge kynge And by this meanes we may gyue Cesar that is Cesars god that is goddis ¶ And the same saynt Iuo answered one Geffrey the erle Vindocinense desyrynge to haue to wyfe Matylde vycountesse of Blois whiche was maryed before to one Robert kynsman to the sayde Geffrey I coÌ„maunde sayth he and by the lawe of Christe I forbid the to contract this bestly vnkinde or vnchast mariages which thou canst nother defende by the law nor yet be gette by them laufull heyres that by the lawe
their hartes cowardelike and as it were womaÌ„s hartes by the meanes of lechery and beastly pleasure of the bodye And therfore in the olde Leuitical lawe those persones seme specially to be forbydden maryage whiche muste nedes dwell to gether The thyrde reason is bicause that by suche mariages shulde be lettedde the multyplyenge and increace of frendship For whan a man dothe take a wyfe that is a straunger to hym all the kynsfolke of his wyfe be knytte vnto hym by certayne frendeshyppe and loue as if they were his owne kynsfolke wherfore Augustin sayth There was very great regarde taken of loue and charite and that accordynge to ryght and reason to the intent that men vnto whom loue and concorde is bothe profitable and also honeste shulde be knytte to gether by sondry degrees of kynred And that one man shulde not haue many but sondry to be disseuered in sondry persones And Aristotell an heathen man in the .ij. boke of the politikes putteth to the .iiij. reason bicause that where a man doth loue his kinswoman by Nature if there shulde be put to the loue that comethe of bodely medlynge there shuld be to moche heate and feruentnes of loue and to great a prouocation of flesshly luste whiche is contrary to the chastite of mariage where suche pastime is to be vsed for necessitie and not for pleasure Thus sayth saint Thomas here And in an other place he sayth thus That thynge in mariage is cleane contrarye to the lawe of nature wherby matrimony cometh not vnto the ende whiche it was ordyned for by coÌ„uenient meanes And the chiefe and fyrste ende of mariage of it selfe is the good or benyfite of issue the whiche doubtles by some certayne degrees of kynrede is lette as betwene the father and the doughter the mother and the sonne not bicause that issue here is vtterly taken a waye for the doughter maye haue issue of her fathers sede and nourysshe it vp with the father and teache and instructe it in the whiche thyng stondeth the benifite of issue but by cause that this ende of mariage that is to haue issue childreÌ„ can not be brought to passe in this case by any lefull honest maner For it is ageynst all good ordre reason that the doughter shuld be coupled bi mariage with her owne fader to be his coÌ„panion to bringe hym forthe children to brynge them vp seinge that she ought to be subiecte to her father in all thynges as that dothe come of hym and hath her beinge of hym and therfore by the lawe of nature hit is forbydden that any persone shulde marie father or mother yet more with the mother than with the father by cause that hit is more contrarie to the honour and reuereÌ„ce that is due vnto the parentes if the sonne take his moder to wife than if the father shuld take his doughter to his wyfe bicause that the wife is bouÌ„de by the coÌ„mandement of god to be subiecte and obedient vnto her husbande ¶ But the seconde ende of mariage is repressynge and quenchinge of bodely luste and concupiscence whiche restraint of carnall luste though it be not the fyrst chiefe ende of mariage but the seconde yet of it selfe it is an ende of mariage And this ende also shulde perysshe and be loste if a man myght marye whiche of his kynswomen he wolde For there shulde be opened a great wycket vnto lustes of the bodye except there were some restraint and flesshly medling forbidden amonge those persons whiche muste nedes be conuersaunt to gether in one house And therfore the lawe of god hath not only forbiddeÌ„ mariage with the father and the mother but also with other persons that be of our kynred whiche muste nedes company to gethers and are bounde to conserue the one the others chastite and honestie And the lawe of god doth assygne this cause sayenge Vnheale not the foulenes of suche suche persones bicause it is foulenes But an other ende of matrimony not properly and of it selfe but ioyned vnto it is byndynge and knyttynge to gether of men and multiplyenge and increasse of frendshyppe loue and charitie while a man is in lyke maner to his wynes kynsfolke as he is to his owne kynsfolke â–ª therfore this increase of loue and charite shulde wrongfully take harme if any man shulde mary her that is knytte vnto hym all redy by bloudde For by this mariage there shulde be none increasse of any newe frendeship loue and charite And therfore by the lawes of man and also by the estatutes of the church there be many degres in the whiche folke are forbidden to mary ¶ Ande saynt Thomas sayth in an other place on this wyse Accordynge to dyuers tymes it is founde that kynrede hath lette mariage in diuers degres for in the beginnynge of mankynde father mother were onely forbydden to marye with by cause there were fewe men and of necessite men were bouÌ„de to do al their labour diligeÌ„ce that they coulde for the increase of mankinde therfore there were no more ê‘sons to be except but those whiche were not fit to be maried withal I say fit as concerning the principal ende cause of mariage which is the good or benifit to haue issue childreÌ„ as I said before But afterwardes whan mankinde was increased and multiplied there were many mo persons excepte by Moses lawe whiche began euin at that time to restrayne and refrayne mans concupiscence luste wherfore as sayth Rabbi Moses al those persones be excepte from mariage whiche be wonte to dwelle to gether in one house For seinge it must nedes be that they whiche come of one pareÌ„tes or of one father and mother bothe men women indifferently company to gether of loÌ„ge tyme in one house plainly they shuld haue great prouocacioÌ„ stirringe to flesshly luste if it were not forbidden that there shulde be no suche medley betwene those persons And now whan that they thinke sureli and beleue that there can in no meanes mariage be contracte made betwene them laufully streight wayes that filthie luste and plesure is quenched ceassed nor doth not prouoke nor stirre their myndes any longer to desyre tho thynges that be vnpossible can not be done wherby they instructe and taught to tame and refrayne their fylthy desire as it were by a certayne former exercise practise and assayenge of them selfe no doubte but by this custome they shal the better absteyne afterwardes from other women for as saynt Augustin saythe custome to a thynge maye do very moche either to prouoke mans appetite and to make him haue a lust or desire to it or to turne away his appetite from it and to make hym to abhorre it And therfore seinge that custome doth kepe in restrayn our vnmoderate luste and concupiscence in this matter men do well to iudge that it is a shamfull thynge to breke and corrupt it For if hit be ageynst right for
of god betwene these persones whiche be in the first degree of consanguinite or affinite not the one streight aboue the tother but the one of side halfe to the tother as brother syster and therfore in this degree also the pope hath non auctorite to dispēse bicause that this dispensation also is some wise agaynst nature And therfore the loue and bonde that is betwene suche persons naturally doth not suffre vs to suspect or surmyse that there shulde be any heuy crime commytted betwene suche persones And for this men beleue that euen before the lawes of Moses whā that mankinde was ones encreased other before the fludde or after they dyd absteyne from their owne systers and from their brothers wyues but if it were to stirre vppe sede to the brother that was deade as it is manifeste in Thamar and in Iudas children Nor it is nothinge ageynst this that we say that is writen of the wyues of Abraham Isaac whom their husbondes called systers by cause doubtles they were of their bloudde or kinrede euen like wise as Loth was called Abrahams brother whiche was ī dede Abrahams brother sonne and not his brother No more the Pope hath no power to dispense that a man shulde marie the wife of his brother although he died with out children For howe be it men were suffered to do thus in tyme passed yet that was nat but by dispensation yea and that dispensation was by the lawe of god not by no mā For cōmunly by the lawe of god they did absteine from their brothers wife as from their owne sister but it was suffered in that case wherfore like wise as the Pope hath no power nor auctorite to disspense for a pluralite of wyues al though it was suffred in time passed bicause it was suffred by a certayne dispensation and priuilege granted by god and was forbidden by the cōmun lawe no more auctorite nor power hath the pope to dispēse in the matter that we speke of that a man may mary the wife of his brother departed without children for to stirre vp the sede to his brother bicause that wher that thing was suffred afore times it was suffred only by dispensation of god for a certayne tyme lyke as it was to haue many wyues was forbydden generally by the commune lawe Nor ageyn he can not dispense with them that be in the seconde degree the tone aboue the tother but on the syde halfe as to marie with the father or mothers sister for this is forbidden by the lawe of god ¶ And with this dothe agre in this matter Antonine archebisshop of Florence Ihon̄ de Turre cremata some tyme Cardinall of saynt Syxt for Iohn̄ partly vpō the auctorite of Pope Innocent and Peter of Palude and of Alexander de Hales partly of .iii. other foūdations or resons at the last after that he had cōfoūded his aduersaries sayenges and opinions he cōcluded that al the degres of consanguinite and affinite whiche be forbydden by the lawe of god procede and come by the shewynge and instruction of naturall reason and that therfore these preceptes were not taken away in the tyme of grace that is to say whan the lawe of grace and of the godspell began and that the Pope can not dispense with them And the selfe same Iohn̄ writeth howe that Eugenius and Pius beynge Popes and rulers of the churche of Rome when that the kynge some tyme of Fraunce and the Erle of Arminache did instantly desire the forsayde two Popes that they wolde do them so moche pleasure as to dispense with them that the Erle myght marye his naturall syster and that the kynge might mary the syster of his wyfe that was departedde these forsayde Popes did cōmitte these .ij. matters vnto the presidētes of the audiēce of the Rote of the courte of Rome amōge whom was this forsaide Iohn̄ of no small reputation and to all the other great lerned men whiche at that tyme chaunced to be at Rome that this matter shulde be examined by their lernynge and discrecion that is to wit whether it was lefull for the Popes to dispense in these cases And after that they had disputed longe tyme vpon this matter and had taken as moche deliberation in it as the thynge required all those lerned and wyse men with one consent and agrement came to this poynte gaue this sentence and made answere on this maner that the Popes had no power nor auctorite to dispense in these degrees Their reasone was this bicause that these degres were forbidden by the lawe of god The whiche verdit and sentence was of so great auctorite and strengthe that afterwardes when a certayne bishop had forgid a false bull by the colour and pretense of the whiche the Erle was maried vnto his owne sister the bisshop was bothe depriued from his dignitie was cōdemned to perpetuall prisone That if so be quod Iohn̄ that euer any Pope had dispensed in these degres bycause that either he was ignorant in the scripture of god or elles all to blynded with couetous of money whiche customably be wonte to be offered for suche vnreasonable and shamfull dispensacions contrary to all goddes lawe and mans or by cause he wolde please men rather then god it foloweth not for all that that he myght do it iustly and ryghtfully For the churche of god muste be ruled by ryght and lawe not by suche dedes or by sone that is ouer vs side wise ¶ And thus also Astexan sayth that the Pope can not dispense in the degrees that be forbiddē by the law of god in the .xviij. chapter of the Leuiticall and yet in degres forbidden bi the lawe of man he may Agayne he saith If vnfaithfuls haue cōtracte in any degree forbidden by the lawe of nature or by the lawe of god the mariage betwene them is no mariage nor yet neuer was For all be bounde to obeye the lawe of god and the lawe of Nature be they faithfull or other And therfore after that they be conuerted to the fayth they muste be departed But if they haue contracte in any degre that is forbydden onely by the churche seinge that the lawes of the churche made for christian men be not extended vnto the vnfaithfuls or hethens that were neuer baptisid the mariage that was contracte betwene them was laufull and therfore after that they be conuerted vnto the faith they ought not to be diuorsed And the same man saith furthermore that if mankynde shulde fayle and decay as hit dydde in the tyme of Noe yet hit shulde not be lefull for the brotherne by their owne auctoritie to mary their sisters bicause it is forbiddē bi the law of god but it might be leful for them by the dispēsatiō of god ¶ Beside all this Iohn̄ Bacon an englissheman was in time passid clapped whistled out at Rome bycause a while he helde the cōtrari opinion that is that the Pope might dispēse with degres forbiddē bi
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
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
all goddes lawes and mannes yet for all that all these do thinke surely that these thinges ought not to be done and thus they thinke not taught by mans lawes but by a certeyne vertue and licht of naturall reason planted and groūded in them For els howe shulde this be that these hethen Poetis hethen hystory writers and heathen lawemakers shulde almoste in all their workes speke so moche of this kynde of Incest and of the peynes and punisshementes with the whiche all nations were wonte to reuenge this not to be spoken vice And who is he whiche hath sene any thinge in the writinge of the olde histories and lawes but he knoweth that this maner of inceste hath ben hadde in great infamy reprofe and sclander and that not in one citie or countre but almoste in euery place and amonge all men hath ben condemped as a certaine wickednes agaynste nature ¶ Abimelech a good and a iust man after the maner of the lawe of Nature and also greatly lauded and commended of god dyd he not thinke and iudge that it coulde nat be possible that Sara might be bothe syster also wife to Abraham the whiche Abraham whan he went about by al meanes that he coulde to kepe it close that Sara was his wyfe he had no strōger reason for him than for to say that she was his syster The whiche answere of Abraham shulde in no wyse haue pleased and contented the Egiptions and Gerarites if those nations had thought that the sayd Sara coulde haue ben bothe his syster and his wife As if a greke wolde aske me whether I were a maryed man I shulde folysshely answere him agayne and say that I am a preest where the greke knoweth well ynoughe that one and the same selfe man may be bothe a preest and a maryed man and all at ones So Aristotell a great philosopher it is an vnreasonable thinge saith he that Socrates did forbyd the mariage of them that be of one bloud for none other cause but that there shulde haue come to moche pleasure of it and that it maketh no matter whether he marye his mother his doughter or his sister ¶ And a man maye here of the hystoryes and the Poetes what infamye and shame is spoken of Macareus Caunus Cydon Pub. Clodius whom Cicero accused of incest Marcus Antonius themperour Ptolomeus Euergetes Cesar Caligula Cōmodus the emperour Ptolomeus Philadelphus brother to Hypermestra Cambises kyng of Perse and all bicause they defiled their sisters by the not to be spokē plesure lust of the flesshe Nor truly it is no smal infami nor can not be lichtly wasshed out wherwith these persons here folowynge be noted in the histories Thereus kyng of the Thraciens bycause he had to do with his wyues syster Thiestes by cause he had to do with Europa his brothers wyfe and also with his doughter Pelopeia Aufilena by cause she had a do with her fathers brother Hypermestra bycause she did by deceyte obteyne her pleasure of her husbandes brother and also Flauius Domitian Theodorycke the Frenche kynge Leucon and Philippe brother to Alphōs the king of Hyspayne those truely bicause they dyd corrupte their brothers doughters and these bycause they coupled them selfe with their brothers wyues ¶ And more ouer the prudence and wysedome of the Emperours hathe thought that the naturall bonde or leage wyll not suffre that we shulde suspecte or presume any suche heuy cryme betwene these persones yea it is prouided for also by the sacre lawes of the same emperours and openly commaunded that no man shulde marie his brothers wyfe or .ij. systers no not al though the mariage be by any meanes broken vndone but that they shulde al absteyne from incest mariages And leste this vngracious licence and leude libertie shulde be strengthed by any damnable colour or cloke it pleased themperours also that al suche rescriptes and writtes and licences graunted bi the emperour and that with the aduise of his counsayle also all maner of other lawes cōstitutiōs shulde vtterly be anulled and taken a waye whiche hath giuen licence to certeine persones in the tyme whan tyrannye reigned that suche vngracious mynglinge shulde haue the name of matrimoni and that it shulde be lefull to couple our selfe by most foulest medlynge or couplynge that can be to our broders doughter or our sisters doughter or her whiche had dwelled with our brother in tyme passed vnder the rycht title of mariage ¶ And that the lawemakers haue euermore taught iudged to be most shameful and abhominable that any man shuld marie him selfe to his brothers wife it is euident and playn by this reason bycause all heathens euery one after the custome and maner did with diuerse sore punisshementes execute the lawe of these incest and filthi mariages somtyme buryenge suche vnchaste women quicke sometyme gyuynge them libertie to chose their deathe and as for the corrupters of them some al their goodes were confyscate and escheted and they banysshed nor coulde not be suffered to make any testament nor to haue their children their heires some commaunded to be beaten to deathe with roddes in the comen place and in the sight of al the people And some that their sheldes and armes shulde be plucked downe and their titylles and feates to be scraped out And did also decree that all mencion remembrance memoriall of them shulde be fordone ¶ But truely it shulde be infinite and an endles labour to reken vppe al the incest persones or the peynes giuen them by the lawe the infamy commune hatrede and sclaunder whiche they were in not in one or two cities or nations but euery where as far as the worlde is wyde whiche dyd not refrayne them selfe from this kynde of incest ¶ Furthermore that to marie our systerne is forbydden by the lawe of nature appereth playnly by this that al the most approued doctours of the Churche do excuse suche mariages bi necessite and what shulde it haue ben nede to excuse them vnder colour and pretēse of necessite if it had not ben of it selfe ▪ vnleful and euill ¶ But let vs harken what Chrysostomus sath vvilt thou knowe saith he by what meanes it was lefull somtyme to haue our sisters to our wyues Howe hadde Cain and Abel Rasan and Edodam their sisters and did nat sinne bycause the scarsenes of men and women and the necessitie excused that sinne Afterwarde when the nombre of men and women was increased the said euill came into his owne nature and began to be sinne And at that tyme it was in vse and custome that one man mycht laufully haue many wyues but afterwarde the worlde ones increased and multiplied than this iuell also came to his owne nature and began to be sinne ¶ Also saint Hierome doth plainly meane bi those wordes that were rehersed before out of him that nature doth so greatly abhorre suche mariage that it ought not to be named or spoken leste
that the deuoute earys be sore offended with so abhominable a worde ¶ Also saynte Augustyne agreeth to the same For he saith when mankynde after the fyrste mariage of Adam whiche was made of duste and Eue his wyfe made out his syde coulde not be increassed without commynge to gether of man and woman and there was thaÌ„ nother man nor womaÌ„ but that came of them two the bretherne toke their systers to wyfe The whyche thing the more older that it is in so moche that it was done at that tyme onely whan necessitie droue them to it so moche the more it was afterwarde damnable whan that shame drewe them from it For they had consideration as it was mooste richt and conuenient of loue and charite that men to whom it was ê“fitable and honeste to be in vnite and concorde shulde be knit and ioyned to gether by sondry degrees of kynred and that one man or woman to an other shulde not haue many degrees but with sondry and dyuers degrees shulde be departed amonge sondry and diuers persones and euery persone to haue but one degree to an other persone but at that tyme there was not wherwith these thynges micht be brought to passe seynge that of these twayne Adam and Eue ther were no men nor women but all bretherne and systerne Therfore at that tyme that thing ought to be done whan it was possible to be done that whan there was plentye of women men shulde take suche wyues as were not theyr systers At whyche tyme there was not only no necessitie to do it but also if it were done it shulde be a sinne not to be spoken The which thinge we se was so well obserued euen among hethens and idolaters and wicked worshippers of many and false goddes after that mankynde was ones increased and multiplied that al though it was suffred by noughty and corrupt lawes to marye with our brothers wyues yet for all that the custome amoÌ„ge them was moche better wherby thei were brought to this that they wolde in no wise vse this licence but vtterly dyd abhorre the dispensacion of the lawe and so helde againste it as though it coulde neuer haue ben laufull ¶ Therfore seynge that these so holy and deuoute men do call those lawes corrupte and noughty which suffre that bretherne and systerne shulde marie to gether and syenge they affirme that these whyche worshippe false goddes did neuer vse suche mariages bud did abhorre the same licence and dispensation of the lawe fynally seing that they sey that it was not leful for the fyrste men and women but onely bycause of necessitie truely it is playne that suche maner of mariages were not of their owne nature laufulle euen at that tyme when they were not yet forbidden by Moses lawe ¶ The whiche thynge also in an other place saynt Augustine dothe witnesse For saith he Abraham dyd lyue in the worlde at that time in the whiche selfe same time it was not laufull for bretherne systerne to mari to gether whether they had both one father and mother or diuers ¶ Also Isichius vpon the Leuitical saith It was thought tollerable of many that brothers and systers mycht marye to gether by cause Abraham sayde of Sara she is my syster by my fathers syde and not of my mothers syde The whiche vtterly is not as men thynke the historie is For Moses rekennynge vp all those that were begotte of Thare Abrahams father maketh no mention at all of Sara And it so were that Abraham dydde marye his owne sister yet it was before he knewe god Therfore it is synne to couple our selfe to our syster by bonde of maryage ¶ wherfore it is clere by this auctour Isichius that maryages betwene bretherne and sisterne were not leful before the lawe that is to saye in Abrahams tyme whiche was afore the lawe of Moses more than CCCC xxx yere ¶ So Methodius and Berosus whiche rekenynge vp the causes of Noes floudde telle bothe one cause The one of them saythe it was by cause brotherne shamefully had a do with theyr systers The tother bycause Cains chylderne beganne to abuse theyr brothers wyues by abominable fornicacion ¶ But we nede not to tarye in rehersynge vppe the auctours whiche make to our pourpose in this behalfe Truely if they whiche were wrapped in so greatte darkenesse that they dydde not perceyue that they shulde worshyppe one god dydde yet perceyue that they shulde not marie theyr systers but dydde naturally abhorre suche maryage euer more hated and condemned them as cursed and inceste and not onely they but also the most holy and moost true interpreters of the holye scripture do wytnesse the selfe same thynge to vs in their wrytingê it is as clere as can be that these prohibitions were brought in by the lawe of nature and that the law of nature and reasone moued by the lawe and the worde of god dothe commaunde and teache vs that suche coniunction muste be vtterly abhorred as a wicked sinne ageynst nature ¶ If any man here will saye be it that we graunte that these thinges be true as touchinge the mariages of bretherne and systerne yet it is far a nother maner of rekenynge as touchinge our brothers wyues Let hym vnderstande that he is greatly blynded and deceyued For if it be against the lawe of nature that any man shulde mary his owne naturall syster bicause it is not lefull by the lawe of nature to discouer her foulenes he whiche marieth his brothers wyfe discouereth the foulenes of his brother he also shal breke the lawe of nature which coupleth vnto him bi mariage his brothers wife ¶ Although we haue made it playne and euident inough before yet we shall put to these .ij. reasones that folowe whiche shall proue the same as openly as can be that a man can not mary his brothers wyfe Fyrste bicause affinitie doth as well let mariage as dothe consanguinite Seconde by cause he that so marieth dothe shame dishonestie to his father by the meanes Of the firste if any man do doubte he maye wel vnderstande that this thynge is very trewe and it were but by this reason only that not all onely by the lawe of god so manye persones be excluded from maryage in the lyne of affinitie as be excluded and forbyd in the lyne of consanguinitie but that also the lawe of the churche is compelled to sette the bondes of mariage in the lynes bothe of affinitie and consanguinitie in a lyke distaunce or degre And this thinge is playne by the auctoritie not onely of Iuly and Gregory Popes and also of saynt Augustyne and Isodore whose sayenges be receyued and approued in the lawe of the churche but also of Abbate and of all those that write vpon the chapter PITATIVM And the chapter CVM AD MONASTERIVM DE STA. MONA And the Chapiter NON DEBET DE CONSANG ET AFFIN That if there hadde not ben as great cause why they that be of affinite shuld
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
cloke going backewarde did hide and couer their fathers priuities by cause they wold not se their faders priuie membres And so doing they had their fathers blessynge and Cam hadde his curse On this maner ought tho prohibitions that we shuld not marie our brothers wyfe c. to be weyed and examined For seynge our brothers wyfe is one flesshe and bloudde with her husbande and he lykewyse one flesshe and bloudde with his brother it foloweth well that the brother and the brothers wyfe be not .ij. but one flesshe and bloud and so consequently that they can not be ioyned to gether by mariage seinge that it is necessary before they mary that they be diuers flesshe and bloudde and so by maryage be no longer .ij. bodyes but be made one fleshe and bloud ¶ For matrimonie is forbydden betwene persones of consanguinite and affinite bycause that betwene these persones there is a certayne naturall amitie and frendship made by the institution of nature whiche dothe not nede the helpe of maryage to strength it but those persones ought to be coupled to straungers and nothynge of bloudde to them to increasse amitie loue and charitie whiche is increassed by marienge of straungers to gether By cause that these persones whiche before were not bounde to gether one to the other by any specyall bonde shulde nowe be made frendes and louers by the richtes and lawes of maryage in the whyche frendeshyppe and loue standeth the faste knyttynge to gether of hartis and myndes and vnitie of wylles And likewise as there nedeth no maryage betwene them that be of consanguinitie and affinitie to make loue and charite and to be of one wyll minde no more there nedethe no maryage for to make them of one flesshe and bloudde But those persons must be coupled by mariage to them that be straungers and nothyng of their bloud to make mo persones of one flesshe and one bloud that by this meane they whiche before were not boūde one to an other naturally by any bonde of carnall cōiunction now by mariage shuld be made one flesshe and one bloud by the whiche mariage diuerse persons be ioyned to gether and made one body For by carnall copulation the man and the woman be made one body and by maryage they the whiche were twaine before be nowe no more tweyne but one flesshe and bloudde The whiche reason also our sauiour Christ in his godspell doth not abrogate nor take a way but renueth it sayenge Therfore now they be no more tweyn but one flesshe and bloudde By the whiche wordes it is euidente and playne inough that the lawe in the boke of Genesis wherin it is sayde THAT a man shuld leaue his father and mother and sticke to his wyfe dothe not seme to be put as a rule of graunte and lycence to mary in all other degrees onely the father and mother except but that it shulde rather teache vs that the vnite of flesshe and bloudde betwene man and wife ought to be indissoluble and neuer to be broken And that the same vnite of flesshe and bloudde seynge that it is amonge the parentes and the children betwene whom also is naturally vnite of persons and that they be naturally as it were one selfe same persone it dothe let mariage betwene them specially and generally be twene all other that be forbydden ¶ And this forbyddynge of maryage by the meanes of VNITIE of the flesshe and bloudde if we wyll knowe howe farre it extendith we must loke for it in the Leuiticall lawe For all though as Dunse wrytethe euen after the multiplication or increasse of mankynde if they had perseuered and abydden in their innocencie and goodnesse god wolde haue forbydden other degrees besyde the fyrste For truely there is nothynge almoste so necessarye to men as to knowe the natural lawes of marieng yet for al that god hath in no place in the olde Testament expressed those degrees so playnely and shewed howe farre their bondes do extēde and what persons nature abhorreth to be maryed to gether as he hath done in the Leuiticall ¶ And nowe to retourne backe to our purpose where as we lefte Truely if it be a poynt of chastite and a poynt of naturall loue not to discouer the dishonestie of thy brothers wife and if these Leuitical lawes cōmaunde the to do them this duetie this honour and this reuerēce and to restreyne thy luste and desyre of incest pleasure from them and to absteyne and kepe backe thy handes from so fylthye and abhominable a dede Fynally if the same prohibitions be greatly profytable to increasse and inlarge loue and charitie betwene christian men which loue and charite by this thing chiefly doth increasse if there be made frēdeshipe amonge them whiche be not coupled before by none other naturall bonde of loue playnely we muste nedes confesse and graunte that those Leuitical lawes be fit and cōuenient to forme and ordre mens maners and that they do agre with the teachinge of commune Iustice or honestie and vertue and that they belonge to the dedes and duties of the morall vertues For they truly forbydde the that thou discouer not the foulnes and dishonestie of thy brothers wyfe for the whiche thynge our lorde reproueth and dampneth bothe the Chananeis and also the Egyptions wherfore if thou discouer it streicht thou haste broken the rule and the order of vertue And the lawe of nature and naturall reasone as soone as they be illychtenedde with the lawe of god they shall crye oute agaynste the and thou muste nedes be called playnly an euel an vnreuerent man to thy kyn and an inceste persone For who wyll denie but that piete and chastite and holy kepynge of mariage cleannes shamfacidnes of nature shame reuerence towarde our kynsfolke and spreddynge abrode of loue and charitie be conteyned vnder the rule of cōmune Iustice or vertue The whiche vertues all no doubte were the cause why these prohibitions were ordyned and they be the thynges that of them selfe be honeste are to be beloued and desired for them selfe and do promote and helpe a man to the obteynynge of the eternall blysse Al be it truely there be many other morall resons or vertuous honeste causes whiche a man maye gether partly of the very nature and qualities of the dignitie or worthynes of maryage of subduynge or repressynge of bodyly pleasure and partly of comlynesse and partly of other circumstances whiche were the cause without doubte why these prohibitions were ordyned And seing the causes why these thinges shulde be forbidden be so honeste and necessarye truely the forboddes and lawes them selfe muste nedes also be honest and necessary ¶ But it passeth mans capacitie to entre ouer far ī to the coūsailes of god beginner For seinge loue and charitie is the marke perfection and ende of all the hole lawe of the gospell and the lawe of the gospell is the lawe of loue and charitie and seynge that Christe toke moste thought and care
perfecte faith hope charitie than the Iue muste be moued to kepe these forbiddynges only by his feith by the holy goste more thā the Iues by the letter law For god forbyd that the holy bonde of loue charite betwene kinsfolke that the faste knotte of mariage whiche in no wise oucht to be vndone the working of the lyuely trewth and of reasone whiche naturally moue a man to goodnesse shulde not be iudged as holy as cleane as vnfilthy as pure as chaste and as well to be obserued amonge christian men as they were in tyme passed amonge the heathens and the Iues. And god forbydde that christian men shulde chaunge the libertie of the spirite in to the fylthines of the body for if they that flee the foule pleasures of the worlde for the knowlege of our sauiour Iesus Christe be agayne intangled and ouercome with the same they be in worse case nowe than they were before at the begynnyng For it were better for them neuer to haue knowen the wey of iustice and vertue then after that they knowe it to tourne away ageyn from that thynge that was geuen to them by a great and a holy commaundement ¶ Certes if Noes sonne did not escape vnpunisshed for discoueringe the foulenes of his father nor the Egiptions nor the Chananeis for the discoueringe of their owne kynsfolke and of them that were nigh of their bloudde for the whiche dede god by his godly iudgement and sentence dydde spue them out of their lande whiche were heathens Howe shall a christian man auoyde the displeasure and vengeaunce of god if he committe the same thinges that they were punisshed for For knowe you this well and take good hede of it that no fornicator nor lecher nor fylthy persone shall haue herytage in the kyngedome of Christe and god ¶ Nor truely it nedeth not that our aduersaries shuld demāde of vs why Christ did not make expresse mention of the Leuiticall lawes in the godspell if he wolde haue had them liued and indured amonge vs still after the Synagoge or olde lawe was deed For truly he did not make expresse mention of them by cause he hadde cōmaunded longe before that they shuld euer to come continue and neuer fayle seinge that he dothe abhorre suche fylthy mariages and curseth them not onely amonge the Iues but also amonge the heathins meaninge that he will moche more abhorre them if they be a monge chrystyan men ¶ And bycause he did commaunde playnly in the gospell that the iustice and goodnes of vs that be christians shulde passe the iustice of the Scribes and the Pharyseis where in a generall rule that we whiche be called christian men shulde not be wors in any thing then the carnall people but that we shulde be better then they in all poyntes ¶ Nor we must not thinke that no thinge is forbid bi the law of god but that which is expresli and plainly set out in the gospel For the apostols write and publisshe many thynges whiche they toke of the very mouth of Christe and yet they be not written in the boke of the newe testament ¶ And the catholike and vniuersal church hath approued many thynges for goddes lawes of the which there is neuer a worde spoken in the newe testament as is this That confession in no case ought not to be disclosed and suche other thynges For so doth Dunse also proue that the secrete confession in the eare is of the lawe of god not bi cause it is written in the newe testament but by cause it can not be shewed whan it was fyrste begonne Playnly it is heresye to affirme that there is nothynge goddes lawe but that whiche a man may poynte vnto with his fynger in the newe testament For by this meanes the sacramentes shulde be taken a wey shulde be receyued onely by the constitution of man Nor truly there is no mention made in the new testamēt of the forbidding of mariage betwene the father in law and the doughter in lawe whiche thynge neuerthelesse to be forbidden by the lawe of god saynt Hierome doth testifye ¶ And also if our aduersaries wyll stycke and holde them to this than let vs occupie vsurye and lette vs gyue money by exchaunge and require it ageyn with vsury lette vs also haue many wyues and lette vs couple our selfe with al maner of bestes nor lette vs not paye the tythes of all our frutes to the prestes nor let vs not confesse our synnes to them nor lette vs not go to them whan so euer there is any doubte betwene bloudde and bloudde betwene lepri and no lepri For there is none of these expressely commaunded or forbydden in the godspel or in the writinge of the apostols but for to bynde vs to the keping of them be cyted and alledged the wrytynges of the Prophettes ¶ But this thynge dyd lychtly deceyue them that be ageynst the libertie and fredome whiche we haue by the gospell bycause they did not knowe the difference betwene the newe testament and the olde the gospell and the lawe Christe and Moses whiche if they had knowen very wel they shulde not haue ben so foule deceyued and blynded in this matter And contrary bycause they did not discusse them and seke them out to the vttermoste nor did ponder and way them so diligently as they shulde haue don we se that by this meanes they were brought in to this errour that they thought that euery thinge whiche is not expresly forbidden in the newe testament is laufull for christian men to do By the whiche errour we do thinke that the same man of Corynthe was deceyued whiche maryed his stepmother For seynge that he harde the lybertie of the godspell by the whiche we were made free frome the lawe of Moses greately commended and preysed of the apostols and knewe that it was forbydden by no lawe of the godspell to marye whome so euer he wolde streychte he abusynge the sayde libertie dydde agaynste the Leuiticall lawe marie his fathers wyfe But he was mooste rychtfully condemned of Paule not only bycause he had broken Moses lawe whiche forbiddeth it but bicause he was disobediēt to the honestie of nature whiche naturall honestie the godspell hath euer approued and it shuld be suche a pestilēt exemple of a mooste leude libertie amonge christian men as euen amōge the hethins bycause of the reuerence of nature coulde in no wise be suffred to be don ¶ AND TRVELY HITHERTO most gentyll reder we haue serched out the holy secresy of the scripture of god deuoutly and reuerently for this intent onely with peyn and labour to seke out and to mayntein the truthe and suche argumentes and reasons as semed after our iudgement to make most for this matter we haue soucht them oute of the definition and very substance and nature of those thinges that we treate vpon wherby thou mayst playnly perceiue moste gentil reder that these Leuiticall lawes whiche forbydde that we shulde
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
Therfore seyng that from this dede nother the ylnes of it can be taken awaye nor any goodnes put vnto it by any other maner of meanes but that the mynde and wyll of the lawemaker must be chaunged truely there can none dispense with suche lawe but he that shal be able to chaÌ„ge also the wyl and minde of the lawemaker For the dyspensation causeth that he with whom we dispense is not bounde to that thinge to the whiche before it apered that he was bounde by the wordes of the law But no pope of Rome can change the wyl of god For he seinge he is Christis vicar oucht to folowe Christe to do as Christe did and not to contrarie him in any thing nor in any thynge to swarue from his doynge and Christe nother did nothing nor sayde nothinge but onely that he had taken of his father nor brake nothing of theÌ„ whiche his father commanded and wolde haue done And seinge that the pope hath taken of Christe shepe and lambes to fede with the lernynge of the churche or of the gospell and is onely made a minister and Almoysnar or dispenser by Christe of the sacramentes which be ordined of god and Christe Finally seynge our lorde did commaunde hym to teache all men to kepe all maner of thynges what so euer he hadde commaunded them god forbyd that the Pope of Rome shulde thynke it lefull for hym to chaunge the wyll of god and that he hadde power to couple those persones to gether by mariage whom the law of nature of Moses wherof god him selfe is the auctor hath forbiddeÌ„ to be coupled to gether For if he shulde do it plainly he shulde not be that blessed and faythefull almosynar and dispenser of the worde of god gyuynge in tyme measure of corne by the whiche mens spirites shulde be refresshed and their soules shulde lyue but he shulde rather be a wretched vnhappy waster and a spender that shall be cast out in to extreme darkenes and shulde be the enuious felowe whiche sowed amonge the good corne that is to say iÌ„ the scripture of god plenty of Cockel or Darnel and suche other wedes whereby the soules shulde waxe lene and perisshe for euer For Christ him selfe saith HE that hath my COMmandemeÌ„tes and kepeth them that is he that LOueth me and he that LOuith me not doth not kepe my commandementes ¶ Vpon the which sayenge Cyril writeth thus These thinges saith he haÌ„ge merucilously well to gether so that the tone must nedes folowe of the tother For if to kepe the coÌ„mandmeÌ„tes of god is to loue god it must nedes be that to breke the coÌ„mandemeÌ„tê of god is to hate god and seing that no maÌ„ can loue god and breke the coÌ„mandementes of god howe then by any maner of iuste and laufull cause maye the Pope gyue lycence that a man shulde discouer the foulenesse of his brother the whiche dede nature and the lawes of god do abhorre except he wyl runne into that moost rychtefull condemnation whiche Paule threteneth them whiche do euyl thynges that there may come some good of them ¶ Truely pope Zosimus saythe That the auctorite of this seate of Rome can change nothynge ageynste the decrees of the holy fathers ¶ Also pope Leo writeth to Anatholius and saith that the ordynaunce of the Nicean counsaile coulde in no case be dispensed withall at any tyme. ¶ And so Isodor in the boke of the councels citeth that pope Damase sayth Bicause that suche persones may and that not without reason sayth he be thought to blaspheme and speake vnreuerently ageinst the holy gost whiche constreined by no necessite but of their owne plesure and of a frowardenes do take vpon them any thinge that is ageynst the holy canons or els consent willyngly to other that wyl do any suche thynge Therfore the rule of the holy canons whiche be consecrate by the spirite of god and by the reuerence and allowyng of al the worlde we oucht faithfully to knowe and we must handle them diligentely lest that we do breake by any meanes whiche god forbyd the statutes and decrees of the holy fathers without ineuitable necessitie ¶ And the selfe same Pope Damas wold not take vpon him to determine the cause of Bonosius the bishoppe by cause that the Synod of Capua had committed it be fore to be examined of other iudges playnly shewynge that it was not his parte to medle with those matters in the whiche the Synode had medled before ¶ And finally pope Hilarius wolde haue his decrees confirmed by the counsell ¶ By all the whiche reasons it is euident and playne that euin in those lawes whiche be only the constitutions and ordinances of the holy fathers the Pope can not dispense without in euitable necessitie and suche necessite as can not be other wyse auoyded Nor truly it is not conuenient for a prince or a reuler to desire to abrogate and adnull without consideration cause that thinge that a nother prince or gouernour hath ordyned with great studye and peyne and for weighty causes howe moche lesse than oucht that to be suffred that other the pope him selfe doth ageynst the lawe of god or gyueth lycence to other men to do it Specially seynge it is not founde in no place of goddes lawe nor yet in the ordynances of the fathers that any suche power is grauÌ„ted to the pope ¶ For by these wordes VVHAT so euer he shal lose vpon erthe shall be loosed in heueÌ„ And VVHAT so euer he shal binde in erthe shall be bounde in heuen he hath doubtles power giuen him not wherby he micht reuoke the lawe of god or breke and dispense with any parte of it but he hath power to bynde mennes synnes and that not generally and in all cases but fyrste it muste be supposed that he vseth his Keye with such discrecion and richt iudgement as he ouchte to do Therfore Christe before he spake these forsayde wordes sayde thus as folowethe I SHAL gyue the the keyes that is to saye I shall gyue the power to discerne and iudge leprye from no leprie and power to lette in and shutte out from the kyngedome of heuen all suche as thou haste so iudged by rychte And nowe what discrecion and rychte iudgemente shulde this be if the Pope wolde take vpon hym for to coupul to gether in mariage by his dispensacion those persones whome the lawe of god of nature doth forbyd to come together seynge GOD hath commaunded that his commaundementes shulden be kepte to the vttermoste poynte Truely though in the orderynge of those actes whyche of them selfe be indyfferent and nother good nor badde his Keye of power in a maner reuleth more thanne his Keye of lernynge and scyence yet for all that in the determinacion and orderynge of thoo thynges that perteyne to our beleue to honestie to vertue and to good maners it is contrary For in these thinges his power determineth nothing but that lerning hath determined
And for orderynge of this power bycause the pope is nat suche one that can not synne nor is not confyrmed in grace Christe hath made his rule of the godspel after the whiche the pope shulde order all his doynges from the whiche rule of the gospel if the pope wolde vary and swarue and wolde graūte any thinge that shulde be contrary to the preceptes of the same godspell he doth not followe that power that god hath gyuen hym nor god doth not approue that that he doth ¶ And as for that whiche Pope Innocent Pope Nicolas do saye That it is not lefull for any man to iudge of the iudgement of the seate of Rome nor lefull for any man to reuoke or reuerse the sentence or iudgement of that seate for bicause of the preemynence of the churche of Rome This sayinge of them ought not greatly to moue vs. For we thinke that tho wordes muste be vnderstonde thus That it is not lefull for any inferior power to reason vndiscretly on the iudgement and determination of that seate nor to affirme and holde openly any thinge cōtrary to that determination excepte that it be euident and playne that the iudgement of that seate be erroneous wronge As master Gerson writith And that it is not leful for ani inferior person to iudge as it were by auctorite vpō the iudgemēt determinaitiō made bi the pope as though he had iurisdiction power ouer the pope for bi cause of the preeminence of the seate of Rome But if that any pope do decre any thing ageynst the lawe of nature and goddes lawe there if any mā do iudge reson of his determinatiō iugemēt wisely discretly clarkely not as it ware by auctorite doth labor with all his might that his sentence determination maye be reuoked and called agayne This thynge is as we thynke so far of from sacrilege pride and presumption or any other vice that we beleue there can be nothinge more godlye or more nere vnto the religyon of Christe For doth not the Churche often times by recht and good lawe reuoke correct and reproue the dedes and determinations of the Popes whiche haue not bene very wel and conuenyently done of them or dothe it let to chaunge them and make them better yea furthermore hath not al so meane bisshopes resisted withstōde the wronge vnreasonable sentencis cōmandemētes of the popes not regardinge their cursynges excōmunicaotins al punisshemētes that the churche doth vse And bycause we will not seke far in histories for an exemple in this matter we shall shewe you a thinge or .ij. that was done here in Englande and in Fraunce here by ¶ Laurentius successor to Austine in the archebysshopprike of Canturburye after that he had cursed Edbalde the kynge for marienge of his stepmother coulde not be moued by no prayenge nor requeste of the Pope nor by drede of cursynge to absoile the saide kynge tyll he had renounced and forsaken that fylthy and incest mariage ¶ And Dunstan archebesshop of the said seate folowinge the forsayde Laurence after that he had excommunicat and cursed the erle Edwyn bicause he had maried his brothers wyfe coulde not be moued by no meanes to obei the pope that desired him charged and cōmanded hym most sharply and streitely to assoyle the sayde Edwyn vntyl he hadde forsaken his vnlefull wyfe And more ouer it is written that he was euer wōt to haue this saieng in his mouth GOD forbid that I shulde for any mortall man not regarde the lawe of my god ¶ And thus also Sampson some tyme archebisshoppe of Rein had leauer haue suffered the most extreme punisshementes that coulde be and al ieopardies of excommunicacion and cursynge then he wolde anoynte Alam douchter to the erle Theobald for quene whom at that time Lewes the frenche kynge had maryed bycause he hadde diuorsed before Alams syster from Philip brother to the sayd kynge Lewes by reason of consanguinite ¶ And no lesse worthy to be remēbred is that whiche Grosseheed somtime bisshop of Lincolne dydde For when Pope Innocent wolde haue constreyned hym to make the Popes neueu a canon whiche was an vngracious felowe and vtterly vnworthye and vnmete he wrote ageyn these wordes There can no man sayth he beinge subiect and feythfull to the seate of Rome with cleane and pure obedience and not cut of by diuision from the body of Christe and from the same holy seate obey suche commaundementes or any other maner enterprises from whense so euer they came yea and though it were from the highest order of aungels but he muste and is bounde of necessitie both to speake agaynst them and to fyght and rebell ageynst them to the vttermoste of his power Therfore reuerende syr for the duetie of obedience and fidelite that I owe to both my parentes and to the holy seate of Rome and agayne bycause we bothe be ioined to gether as membres in one body of Christe I lyke a catholyke man and as one of the body of Christe and lyke a good childe do not obey but gaynsay and rebell agaynste those thinges that be conteined in your letter bycause they swarue as playnly as can be in to that forsayde synne whiche is to our lorde Iesus Christe mooste abominable and of it selfe moste myscheuous and pestilent and vtterly contrary to the holines of the seate apostolye Nor your wisedome and discretion can not decree any sharpe punisshment agaynste me for this cause if you will do nothynge but that whiche is rycht and resonable Bothe by cause all my sayeng and doing in this behalfe is nother geinsaieng nor geynstriuinge or rebellion but honour reuerence suche as a good childe oweth to his father and his mother and agayne bycause the holines of the seate apostolye can do nothynge but that whiche shulde be to edyfienge and not to destruction ¶ O the great cōstancy the saieng moste comely for a christian bysshop For howe peruerse a thing what a cōfusion shulde it be as saint Barnarde saith bi obeyeng to euyll nauchtie cōmandemētes wherin thou semest to be obediēt to mā to shewe thy selfe inobediēt to god which hath forbiddē al that is ill done For if god forbiddeth that whiche man cōmandeth shal I here man and be deafe and not here god ¶ Therfore that we mai come to our matt̄ agein wher as we lefte Truely if the pope do suffre bi his auctorite and power incest mariages to be made or wyll not breake them when they be made which as Gregory saith be abhominable to god to all good men it shall be the dutie of a louing a deuout bisshop not only to withstande the pope openly to his face as Paule dyd resist Peter bicause the pope verili is to be reprehended rebuked but also with all faire meanes gentylnesse and lernynge in tyme and out of tyme oucht to crye vpon hym to rebuke reproue beseche exhorte hym that the
persones so coupled to gether maye forsake suche maryages And if they wyll not take the good lernynge and counsaile of theyr bisshop but wyl folowe their owne voluptuous plesure than at the last the bysshoppe ouchte to plucke forthe his spirituall sworde of excommunication and cursyng and to shake it vpon suche persones and to be take them to the diuol to the punisshement of their flesshe so that their spirite or soule be saued in the day of our lorde Iesus accordynge to the coÌ„maundment of Christe and the exemple of Paule For els howe shal these prelates do the dutie of bysshoppes and ouerseers as they oucht to do if that for the cruelte thretes of the popes they shall not dare calle backe theyr shepe in to the waye of truthe that be out of the wey and loste for whom they shal gyue a compte in the terrible and dredefull iudgement of god Or how shal they escape the greuos sharpe punysshementes of god with the whiche god thretneth them that wyll not shewe the wycked synner his fautes nor wyll not crye and gyue warnynge whan they se the swerde commynge that the synner may be conuerted froÌ„ the wronge wey to the richt wey and to the trouth I AM alyue saith our lorde bycause that my flocke is rauysshed and my shepe deuoured of al beastes of the felde bicause they had no herdeman nor ouerseer For trewely the sheperdes soucht not for their flocke that that was weake and feble they did not streÌ„gth that was sycke they didde not heale that was broken they dyd not bynde to gether and that that was lost they did not seke for it BEHOLDE saith our lorde I shall aske a count of my shepeherdes for the death of my flocke and I wyll cause them to ceasse and to feade my flocke no lenger ¶ And nowe euin as bisshops for bicause of their office and duetie oucht not to here or obey the popes coÌ„mandmentes in those thinges that we haue rehersed before euin so truely al other christian men be thei neuer so meane or of lowe degre as many as beinge toucht by the holy gost do ones playnely perceiue that they do kepe suche mariages as be incest they may yea and are bounde for the loue and religion that they owe to god not only to breke streicht wey suche mariages but also with a stable and stedfast stomac and suche as a christian man oucht to haue be bonde to with stande and resyste valiantly the Pope all thoughe he wolde threten them by a M. cursynges and excoÌ„munications that they shulde do the contrary ¶ For there be two lawes saith pope Vrban one public an other priuate And the public lawe is that whiche hath ben confirmed by writynge of the holye fathers The priuate lawe is the lawe that is written in mennes hartes by the inspiration of the holye goste as thapostoll speaketh of certeyne VVHICHE haue the lawe of god written in theyr hartes ¶ And in an other place he sayth VVHAN the heathens which haue no lawe do NATurally that is to say by the inspiration of the holy goste onely without any lawe writen tho thynges that the lawe commandeth they be the lawe to them selfe Therfore if any of these saith Vrbane hath people in his gouernaunce vnder the bysshop in his churche and dothe lyue secularly and if that he inspired with the holy goste wyll saue him selfe in some monasteri or amoÌ„ge regular chanons bicause this man is moued by the priuate lawe of his conscience that is by the motion of the holye goste there is no reason that he shuld be bonde to the public lawe For the priuate lawe is of more dignitie than the publike lawe FOR doubtlesse the spirite of god is the lawe and THEY that be ledde by the spirite of god be ledde by the lawe of god and VVHAT persone is it that can of richt withstande the spirite or holy goste Therfore who so euer is led with this spirite lette hym go his wayes free euen by our auctoritie yea although his bysshop say nay FOR there is no lawe nor bonde made for a richtwyse and a good man but where as is the spirite of god there is libertie and fredome and IF ye be led with the spirite of god ye be not vnder the law that is to saye if we folowe the motion of the holy spirite and of our conscience we be not vnder the commune lawe whiche euer ouchte to gyue place to the pryuate law For in tho thinges that be forbidden by the lawe of god we must obey our conscience and in other thinges the churche Nowe fyrst the churche can not binde any persone to synne by her commaundement Seconde it can not be auoyded but that suche persons whiche by the lawe of god nature be vnlaufull to marie and yet be coupled by mariage or at the leste that is presumed to be mariage do lyue in synne onely excepte that they be maried by ignorance and that by such ignorance as could not be auoyded Finally Paule saith HE that putteth difference betwene meate and meate if he eate then he is condemned by cause that that he dothe is not done with faith and good conscience For all that is not done with faith is synne ¶ Of these .iij. reasons it foloweth that al christian men if their priuate conscience lichtned with the holy gost and knowlege of holy scripture as it ought to be hath moued them vnto it they may without any ieopardie yea and are bonde to make a diuorse with her whom bothe nature and the lawe of god doth forbid them to haue to their wyfe and to delyuer them selfe from that vntrue and onely presumed and preteÌ„sed mariage the coÌ„mune lawe what so euer it be notwithstandyng and coÌ„mandynge the contrary Lykewise as a secular preest moued by his owne conscience and not by any lichtenes or inconstancye maye laufully go to an other bysshoppryke ageynste his owne Bysshoppes wylle no maner of decree of the fathers to the contrarye withstandynge and as a regular professed or the bysshoppe of a churche thouch his prelate and the pope be ageinst it maye laufullye go to a streyter maner of lyuing the coÌ„mun lawe notwithstanding and byddynge the contrarye For suche a one as Innocente sayde after that he hathe asked lycence of his prelate to go his waye vpon his priuate lawe whiche is to be preferred before the commun lawe he is absoyled and losed and may frely fulfyll his purpose of a more holier lyuing the sayenge nay and frowarde forbiddyng of his indiscrete prelate not withstandinge For who so euer abuseth the power that is giueÌ„ him deserueth to lese his priuilege And euen so it is in the maryage that if a mans conscience moue him to diuorse that he diuorse hym selfe thoughe the churche say coÌ„trary For truly al though the churche doth not declare suche maner of diuorsis yet the churche is bonde of deute to declare them to bid openly such diuorsis to be made And all though the Pope by his prepensed expresse acte doth not agre to this diuorse yet for all that by his secrete acte of duetie he vtterly agreeth vnto it ¶ AND HITHERTO we haue shewed well and sufficieÌ„tly by very many reasons as far as it perteyneth to this pourpose that the prohibition THAT we shulde not mary our brothers wyfe whiche is deade without issue is not suche a ê“hibition as stondith by constitution of man but as nature fyrst did plant in mannes mynde and afterward chastite and reuerent sham facidnesse hathe kepte it before the lawe and our lorde shewed it vnto his chosen people by Moses and such as the custome of christian men with great consent and agrement of them that vseth it hath from the beginnynge of the christian fayth many yeres folowed and obserued whiche hath so often ben renewed by counsayles receiued and confyrmed by latter lawes And fynally we haue proued that the Popes auctoritie can not stretche so far that he may dyspense with suche maryages whether they be made all redye or be yet to be made The whiche thinges moste gentyll reder bycause we truste they will so satisfye and content the that we thiinke it but labour vtterly loste to seke for ayde any farther in this matter either of holy scripture or of the decrees of the churche or of the determinatioÌ„s of the vniuersities that be in Italye Fraunce and Englande or of the suffragis and voycis of the greatteste lerned men that be as yet there be a great many behynde it semeth to vs beste here to conclude and make an ende of our worke and not to tary the any longer in rekenninge them vp And this one thinge moste indifferent reder we beseche the for the loue that thou haste to god to vertue goodnes that as thou seest the consente and agrement of so many vniuersities the fauour and studies of so great lerned men to bende and inforce them selfe so louingly and religiously onely to mainteine and defende the auctorytie of the lawe of god that thou agayne bothe with thy lerninge and auctoritie will farther and set forward theyr enterprises wylles and desires by all meanis that thou canste remembrynge howe fearfull and greuous that punisshement is whiche Christe threatenith them withall that vsurpe and wrongfully take vpoÌ„ them the key of godly cnowlege lerninge nother they them selfe do entre in to it and yet do let stoppe out other whiche do all that they can to breke in to it ¶ Imprinted at London in the house of Thomas Berthelet printer to the kinges most noble grace the .7 day of Nouembre 1531 CVM PRIVILEGIO
shuld haue to do with one womaÌ„ by this it can not but be euideÌ„t clere to euery man that seing Paule doth iudge that this lawe of Moses that no maÌ„ shuld mari his stepmoder ought to be kept eueÌ„ now amoÌ„ge christeÌ„ men And seing that he doth openly sey that such fornication is vtterly vnnaturall and beastly where a man hath a do with his fathers wyfe that is to say with her that is nyghe vnto hym he semeth playnely to meane thus that surely moche lesse it is lefull for christen folkes to marye women that be more nere of theyr bloudde and that al those thinges which be rekened vp in the same Leuiticall lawe be doubtles in lyke maner forbydden for as moche as al those prohibitions be grouÌ„ded vpon one reason that is to saye bycause the man the woman be one flesshe and therfore be agaynste the honestie and shamefacednes or demurenes naturall And this same thynge is proued also manifestly by this that the apostel in the same place also doth vse this worde of fornicacion by the whiche worde not only he but also all the other apostelles all moste euer more in their writynges are wonte to comprehende all those vnlefull maryages and foule couplynges that be forbydden in the boke Leuitical For vnder the same maner also Paule priuely and couertly dothe no doubte condempne all those which breke these prohibitions of matrymonye and foule vncleane vnlefule and to god abhomynable commixtioÌ„s where he exhorteth the Ephesyens that no fornication or vnclennesse or fylthynes shulde be ones named or spoken of amonge them and wheras he writinge vnto the Galates techeth them that fornication vnclennesse and lechery be carnall workes For saynt Hierome declaring the same selfe place saith The first worke of the flesshe is fornicatioÌ„ the whiche amonge the other .vij. vices is the mooste greattest synne bicause that by the vncleanes of the flesshe the temple or church of god that is to say the soule and the body of man is polluted and defiled The seconde worke of the flesshe is called vnclenes whom foloweth her companion lechery For as in the olde lawe where it is written of crimes and sinnes that be nat to be spoken whiche are done secretly and it is a very foule thing euen to name them lest the mouthe of the speaker and the eares of the herers shuld be defiled all suche vyces the scripture hath comprehended them generally sayenge Make you the children of Israhell to be shamefacid and aferde of al vnclenes Euen after the same maner the apostel in this place also doth name and call all other extraordinary and vnlefull pleasures and also the actes that be done in mariage selfe vnclennesse and lecherye if they be nat done with shamefacidnes and honestie and as vnder the eies and in the syght of god and onely bicause they wil take peyne and do their duetie to bringe forthe childerne For saynt Augustyne writeth that lyke wise as vnder the name of thefte in the .x. commaundementes is vnderstande all maner of vnlefull vsurpynge or medlinge with an other mans good and vnder the name of adulterye must be vnderstande forbidden al maner of vnleful medlinge to gether and all maner of vnleful vse of those membres So pleinly all maner of vnlefull couplynge or maryeng to gether of man and woman is called in scripture foulenes and all adulterie and foulenesse or foule and vncleane marienge also in scripture is called fornicacion For al though as Isodore saithe al men that do leudely abuse theyr bodyes haue nat one wyll of theyr foule dealynge yet howe some euer a man dothe pollute hym selfe by pleasure of the bodye all is called fornicacion For of delyte and pleasure of doing fornicatioÌ„ there come many diuers foule lustes and vices ageyne whiche the kingdome of heuen is shutte and man deuided departed froÌ„ god Furthermore the apostels in the couÌ„cell that they called kept through the holy gost in HierusaleÌ„ went about to pÌ„scribe shew what poyntê of Moses law they that had ê“fessed Christes religion were become Christes men shuld be bouÌ„d to kepe or to forbere they made a decre worde for word as here foloweth It is thought coÌ„uenient vnto the holy goste to vs that there shuld be no further burdon laide vpon you than these necessary thynges that is to saye that ye abstein from contaminations of idols from fornicacioÌ„ from eatinge of beastes that be strangled to dethe from eatinge of bloud of beastes In the whiche place doubtles they couertly vnder the generall name of fornicacion dyd forbyd all maner of couplinge and mariage vnlefull and prohibite by the lawe and dyd prohibyte the selfe same thynge whiche was vnderstande vnder the name of fornicacion after the meanyng and entent of the olde law For seing that they do forbid fornicacioÌ„ euen so as it is forbid by the rules and coÌ„mandementes of the law it can nat be but we must nedes thinke that here in this decre of the apostels mariages vnlefull contrary to the disposition of the lawe be also forbydden For of those mariages there was no nede for the apostels to haue made further constitutions or newe prouisions for them for that thinge that is nat changed wherfore is it forbydden to stande And seinge that these Leuitical lawes of god were nat chaÌ„ged it foloweth that they dyd stande styl in their olde strengthe and auctortie and by this reason the apostels had no nede to make a newe lawe but forbyddynge fornication generallly dyd forbyd all those vnlefull mariages that god had forbydden before in the .18 chaptre of the Leuitical ¶ And therfore lette no man flatter and glose hym selfe as though these coÌ„mandmentes were light or these reasons of litle weight or regarde whan that you se euidently that they be great fouÌ„dacions and groundes of our feythe layde by the holy counsaile of the apostels and as ye wolde saye the stronge pyllers and vpholders of the churche to dryue out fornicacion and idolatrie vnto the whiche thynge these fornicacions came verye nere For euerye christian man doth perteyne vnto the churche or companye for the whiche Christe willingly gaue hym selfe to sanctifie it and make it sacre and holy and to purge and clense hit with the wasshynge of water through the worde of lyfe And ageyne al we be membres partes of Christes owne bodye and we be of his bones Therfore we had nede to take sure kepe that no man with foule and vngodly mariages do defyle and pollute the temple or churche of our lordes body wherin dwelleth the spirite of our lorde For who so defileth the temple or churche of god our lorde shall distroye hym Wherfore me semeth that it is declared manifestly inough by these forsayde reasons that these prohybicions of mariage haue auctoritie and strength euen at this day nat onely by Moses lawe but also by the gospell and by the ordynaunce of thapostels and they be both