/ or els to augment and encrease chastite And than to marey the Brother wythe the Sister or the nere kynsman withe the nere kynswoman began to be vnlefull by the prohibicion that before was lefull / and graunted by nature By this doctours mynde ye may euidently se / that it is not against the law of nature for a man to mary his sister / and than it folowith that it is not against the lawe of nature / for a man to mary his brothers wife a widowe c. ix lib. iiij art xiij SAinte Thomas saith that the prohibicion leuitical that forbideth that a man may not mary his sister / ys a prohibicion and a commaundment iudiciall / and he in likewise saith in another place / p̄ ij 2. q. 9. arti iiij that it was not forbiden bi the law of nature that a man shulde not marey his sister / wherfore yf it be not against the law of nature for a man to marey his sister / it is not against the law of nature for a man to marey his brothers wife a widowe left c. In .iiij. sen dis xl corpor q̄st SAynte Thomas agayne saith that by the lawe of nature / it is forbiden that the father shal not marey his doughter nor the mother hir sonne other persones nere of kyn be forbiden / bi the lawe of God / and than it folowith that for a man to marey his brothers widowe c. is not against the law of nature PEter of Blesen saith that at the beginninge there were no mo persons excepte from matrimony / but the father and mother / is to saye that the father may not mary the doughter / nor the mother with the sone And therfor saith this doctour / it was sayd for matrimony / a man shal leaue and forsake his father and his mother / and take him to his wife But afterwarde saith he the lawmaker did excepte mo persons and forbade mo degres SAinte Bonauenture in answeringe to an argument that infideles whiche tourne to cristes faith ought not to retayne their wiues whiche they had maried before / In .iiij. distinct xxxix q̄st iiij yf so be they had maryed thē self to their sisters / or nere kinswomen / suche as be against the ordre that Christen people do kepe in mariage / saith thus that for a man to mary his sister is forbiden bi the commaundment of the churche and therfore when heithen turne to the faith they must conforme thēself afterward to the ordre of the chirch not to mary against the churches prohibicion but if thei maried their sisters befor than thei may not be separate for the ordinaunce of the churche doith not extende to that / so saynte bonauenture doith saye that for a man to mary his sister / is but against the law of the churche / and not against the law of nature for yf it were against the law of nature than the ordinaunce of the church wolde dissolue and breke it the whiche saynte Bonauenture saith / the church can not do and than / yf it be not agaynst the law of nature for a man to mary his sister / it is not against the law of nature for a man to mary his brothers widowe cete In .iiij. dist xl conclusione ij THomas also of Argentyne shewe that infidelis maye marey in the degreis that be forbiden to Cristen men For if they be Iues / than thei may mary with their kinswomen in the .iii. and .iiij. degre for ther was forbidden to them but the firste and seconde degre as shew the xviij Chapiter of the leuitical / and yf the infideles be gentils and folowe onely the law of nature than they may mary in the first and second degre for thowgh the writen law positiue / do forbid such mariages yet it semith that the law of nature doith not forbid them the which is manifest in the olde fathers that were before the law For abraham maried his sister / and Iacob his vncles doughter and if yt be not againste the lawe of nature / for a a man to mary his sister it is not againste the lawe of nature for a man to mary his brothers widowe left without yssew ALso Pope zachary saith which these deceiuers do allege for them in their boke that it is more forbidē that a man shal not mary his fathers goddoughter and that a man ought more forbeer to marey with hir / than to marey with his fathers doughter yet it is euident / that it ys not against the law of God nor against the law of nature for a man to marey his fathers goddoughter for that is forbiden but onely by the lawe of the churche Wherfore it folowith that it is not agaynst the law of nature for a man to mary his fathers dowghter For yf that thinge that is more forbiden be not against the law of nature than that thinge that is lesse forbidden in the same kynde of forbidinge / ys not agaynst the law of nature / and this pope Zakary speaketh of one maner of forbiddinge of mariage / and than yt folowith vpon this saynge of this Pope that it ys not againste the lawe of nature for a man to mary his sister And so than it is not against the law of nature for a mā to marey his brothers widowe c. NOw ye haue harde by theis holy fathers and men of greate lernynge how that it ys not againste the lawe of nature / for a man to mary his sister Wherof folowith that it is not agaynste the lawe of nature for a man to mary his brothers wife a widowe left withe owte yssewe The hole vniuersal numbre of expownders of holy Scripture doo affyrme / that frome the firste Institucion of matrimony vnto the tyme of the lawe of Moyses there were no moo persones excepte and forbidden to marey to gether by the lawe of nature but these / The Father wythe the Dowghter / and the Mother withe the Sone / All other persones myght marey to gether in the side lyne yn eny maner of degre of consanguinite or affynite cō fan li. xxij ca. xlvij Wherfore Saynte Augustyn dothe defend the holy Patriarke Iacobe the whiche maried two sisters and hade them bothe at ons ād they were his nere kynswoman / for in the seconde degre / and the one of them was ioyned to hym by Alians in the first degre of affinite / and besyde theis two wiues / this holy man Iacob had oth r two wiues and thei were to him and amonge them self in the same degre of affinite And yet saynte Augustyn doth iustify this holy patriarke Iacob in thus marying sayng on this wise yt is said on to Iacob for a greate offence that he had fower wyves but he is cleryd and quite of this offence by a generall proclamacion First for asmoche / as when the maner and custome was to haue moo wiues than one / than to
/ acceperunt sibi vyores ex omnibus quas elegerant This ys the sence of this scripture / the childern of God seynge the doughters of men that they were beauteful and fayre / they chose of al theym to their wifis suche as liked them And theis persones write / that the men toke thē wifes at adauentures whome so euer thei hade chosen sparinge nor forberinge no maner of degre of affinite or kindrede / And this saynge can no wise be takyn of the rehersed scripture / but rather by the same scripture it folowithe that thies persons saye false / fore the Scripture saithe that the childern / and the sones of God / seynge the doughters of men fayer and beautiful / toke of them wifes suche as liked them / and it folowith that thei maried not with their mothers nor their own sisters / nor their owne auntis / for they maryed withe the doughters of men whiche were nether their owne mothers / nor their sisters / nor theyr auntes / and therfor it is false to saye that the people maried them wifes forberyng nor sparinge no maner of degre of affinite or kindred / this error ys writen in the .xvi. leyffe of theyr boke ALso in the same first chapiter of theyr boke in the .xvij. and .xviij. leyffe they saye that almighty God did commaunde Moyses to prescribe vnto his people laws of matrimony that shuld be conformable and agreynge with honestye and shamefastnes natural / and to forbide suche mariages that be foule of them self / and haue dishonestye in them / ād al this they say was commaundid in the leuitical boke / in the .xviij. chapiter / And amonge the mariages that they saye be ther forbiden ys forbyden mariage betwene the brother and the brothers wife widow left without yssewe / this thies persones speake of / or elles all that they saye is no thing for their purpose / wherfore to this saynge I answere thus / Firste in the xviij chapiter of the leuitical boke is not forbyden that a man may not mary his brothers wife a widowe left without yssew / no nor yet suche mariages are not forbiden in no Place of the hole lawe / but rather where as Moyses did declare the Leuiticall lawe / ye and all the hole law / that he had writen before / he shewid vnto the people how that almyghty God had ordyned and commaundid that euery one of the Iues shuld mary always his brothers wife a widowe lefte with out yssewe as yt ys manifeste in the boke of the deuteronomi wherfore yow maye euidently se that in the .xviij chapiter of the Leuyticall lawe yt was not forbyden that a man myght not mary his brothers wife a widowe lefte withe owte yssewe / and also the prohibicione in the Leuiticall lawe in the .xviij. Chap. xxv Chapiter can not be al vnderstand that they forbide mariage withe all suche persons as be ther namyd For there it ys forbyden that a man may goo to a woman when that she hathe a passion the whiche they call hyr flowers / And yet yet ys euident that a man maye mary a woman when that she hath theym / And lykewise that a woman mayelefully mary when that she hath them wherfore yow may see that the prohibicions that be yn the .xviij. chapiter can not al be vnderstond to forbid mariage withe al suche persons that be ther namyd / But yet parauenture thies false deceyuers that hath made the boke that I answere now to / wil saye that in the .xviij. chapiter of the Leuiticall ys forbiden that a man maye not mary his brothers wife To this I answere that yf they will take that prohibicion to forbide Mariage betwene the brother and the brothers wife / and not for the abusing of the brothers wife Than it is thus vnderstand / that no man maye mary his brothers wife while his brother is a lyve Thus saith thies persones great doctor Peter de Palude expowndinge the .xviij. chapiter of the leuitical boke / and so doith other doctors saye as yow shal see here after / and lykewise sayth sayncte Augustyne expowndinge the .xviij. Chapiter of the leuitical boke that ther it is forbyden that a man may not mary his brothers wife while that hyr husbande is a lyue / nor a man maye not mary his brothers wife that was refused and repudiate of hir husband / nor yet a man maye not mary hys brothers wife a widowe hauinge yssew bi hyr firste husband / But now by this rehersed prohibicion nor by no other ys forbiden that a man may not mary his brothers wife a widowe lefte withoute yssewe / yet further more you shal vnderstande that the leuiticall prohibicions can not al be vnderstande to forbyde mariage betwene al those persons that be there expressed / as to forbide that the brother may not mary with the sister / or that the brother may not mary with the brothers wife / for yf mariage betwene thies persons were forbyden there / than it shal folowe that the Egiptians and the canoneis were not poluted in al thies thinges that be called ther abominacions the whiche is playnly agaynste the texte wherfore the prohibicions can not be al vnderstande to forbide mariage betwene all thos persons that be ther namyd / that this shulde folowe it is euident for kynge Pharo did beleve that Sara was not Abrās wif / for as muche as Abraham sayde that she was his sister and the cause why Pharo did so beleue was this for as muche as in egipte the people did not mary their sisters / and therfor when that Abraham shewid kinge Pharo that Sara was his sister / he belevid that she was not his wife as the processe in the texte doith euidently shewe / And likewise for bycause Abraham saide in the contre of Canan to kinge Abymelech that Sara his wife was his sister the kinge Abymelech did beleue that Sara was not Abrahams wife / for as myche as in that contre they dide not vse to mary ther sisters gen xii and al this that the Egiptians and the Cananeis did not vse to mary ther sisters / doithe thies deceyvers affirme in the .cxj. gen xx leife of ther boke speking ther of Abraham and his wife nowe than by this the trewth and ther graunte also / it folowith / that the prohibicions leuiticall can not be all vnderstand of forbiddinge of mariage / when that the Cananeis did not vse to mary ther sisters as thies deceyuers do graunte them selfe / And than it folowith still / that if the Egypcions Cananeis did not vse to mary their owne sisters that than they dyde not vse to mary ther mothers nor their auntis nor their mothers in lawe and so forthe / for yf the Egipcians did iuge to be ageynst honeste and reason to mary their sisters / and therfor they did abstayne for to mary them / than thei must nedes iuge / that it
theâ—for he commaundid the bishope that he shulde not suffer henry that hath sworne to mary his yonge soon to the maide to fulfill his purpose To this I answere that it is not forbidden in the Leuitical law that a man shal not mary his brothers spouse nor there is no maner of mencion made of eny suche mariage / and so ye may see that all that euer thei bring / ys not for their false purpose IN the lxxxxiij leif of their boke / vpoÌ„ their vndowted fals lyes and sayngis / thei wold thus conclude their false purpose sayng Wherfor seyng that thies thinges be thowghte trewe to so many and discrete auctours that it is not leful for a man to marey his brother spouse how much more vnlawful owght we to thinke this thing / that a man shuld mary his brothers wife a widowe with whome his brother hath had carnally to do and that he shuld vncouer the priuites of hir cet Here agayn they continew in their customable lying For thei say the many discrete auctours haue iuged that it is forbiden in the leuitical law that a man shal not mary his brothers spowse that suche mariage is so vnleful / that the Pope can not dispeÌ„ce vpoÌ„ it This ye se is manifestly false for ther is no discrete auctor that so saith / if ther be eny auctores that so iuge why do not theis persons bring them in but they saye verey falsly for ther be no discrete auctoâ—râ— that so iuge and saye WHerin this their sayng thei wolde haue men to iuge beleue that it is vnlawful for a man to mary his brothers spowse And than muche more vnlawful for a man to mary his brothers widowe with whome his brother hath hade carnally to doo c. Here thies false deceyuers speke couertly but I wil shewe yow a verey treuth / whiche is this The Quenis grace that now is / was a mayden when hir grace was maryed laste / and in witnes and recorde that this is trewe hir grace haith sworne / and testyfyed vppon a boke and receyued the blessid Sacrament of the auter / that she was a mayden when hir grace was last maryed Wherfore the determinacions of the facultye of diuinite and the canon of the vniuersite of Paryse thoughe that thei be false yet they make nothing against this matrimony / nor the determinacions of both the facultes of lawe / of thuniuersite of Angew nor the determinacion of diuinite of the vniuersite o Biturs / for thies haue determined on this wise That if ther were paste betwene the husband and the wife / carnal copulacion that than the brother / may not marey his brothers widowe nor the Pope can not dispence vpon suche mariage / so now thowgh the determinacioÌ„s of thies vniuersites be false / as be al the o th r yet thies reherside / helpe no thing the pestileÌ„t malicious purpose of thies pestilent ê‘sons for asmuche as the Quenis grace was a mayden / when she was last maryed HEre now ye haue harde parte of thies shameles persons maners parte of their manifeste errours / parte of their dampnable lyenge and parte of their blasphemy / yow haue also herde how that thei haue brought in holy scripture / counsels and doctours for to haue coloured and fortified their vngracious and false opinion and yet thei can not bringe it to passe nor neuer shal Wherfore / althowghe in the beginninge of this my answere I shewid and prouid sufficiently the trewthe of this proposicion That it is not against the law of god nor against the law of nature / for a man to marey his brothers wife a widowe left without yssewe And that the pope haith no power to dispence vppon suche mariage now yet / I wil shewe yow the same more largely by holy fathers / doctours / and Popes saynges / aÌ„d first that suche mariage is not agaynst the law of nature FIrst sainte Hierome doith excuse Abraham / in that he maryed his sister / doith iustifye and defende Abraham for so mariynge In qÌ„st heb super gen For suche mariages saith saynte Hierome / were not than forbiden of the law of nature And if it be not forbiden bi the lawe nature a man to marey his sister miche lesse was it forbiden / a man to marey his brothers widowe left without yssew SAynte Austen saith that in the tyme of Abraham / men might lefully mary with their sisters of the one side coÌ„t faustum li. xxij ca. xxxv or of bothe sides if yt were leful not agaynst the law of nature than for men to mary their sisters it is not against the law of nature then for a man to mary his brothers c. super mat ho m. xlix HOly Crisostome doth shewe reasonable causes why almighty God did commaund the Iues to mary their brothers widows c. aÌ„d than suche mariage cannot be against the law of nature and reason TErtulian / theis deceyuers doctoure doith allege certayne causes which be iuged good and reasonable why the iues shulde in the tyme of the olde law marey their brothers wiues widows c. Wherfor he did not iuge suche mariage to be against the lawe of reason seinge he assigned after his mynde reasonable causes wherby men might lefully mary their brothers widows yet ye shall vnderstonde that I doo not approue Tertulians reasons / that he shewith for suche mariage but yet by his reasons it appereth that he did not iuge mariage betwene the brother and the brothers widow c. to be against the lawe of reason and nature RVperte vpon the leuitical / saith that Abraham after the custome of the heithens / among the which he dwellyd / did marey his owne sister and yet for all that he did not syn / for asmoche as vnto that tyme / he had not by the law commaundement to the contrary nor yet by the voice of almyghty god Now where ther is no commaundment saith he there is no transgression of the law so by this doctours saynge / ye may clerely se / that it is not against the law of nature for a man to mary his sister / aÌ„d than it is not against the law of nature for a man to marcy his brothers wife left without yssewe HEwgh of saynte victore saith that in the institution of matrimony / there were but two persons excepte li. iij. de sacramento p. ij ca. iiij that is but the fath r and the mother so that it was forbiden than / that the father shulde not mary with the doughter / nor the mother with the sonne but al other persones might lefully mary togither by the first institucion of matrimony After this saith this doctour came the seconde institution of matrimony / which was made by the lawe writen / and that did excepte certayne other persones besyde the father and the mother / and this was done / other for to ornate nature
betwene the brother and the brothers wife / to be agaynst the lawe of God and agaynst the law of nature / But the hole church of Cristendom hath without reclamacion approued suche matrimoney lefull and good Where as thies persons saye that the Popes them selue haue geuen greate magestye and godly auctorite vnto the Leuiticall prohibicions thies persons name verey often and reherse their Leuiticall prohibicions in generall But I wold see them name one prohibicion Leuiticall / whiche doith forbide that a man may not mary his brothers wyfe wydowe lefte wythe owte yssew This they shulde bringe of the Leuiticall lawe the whiche wolde doo them sum seruice / and make well for their purpose but this they cannot doo nor no man for them for as I haue shewed you suche mariage is not forbiden in the leuitical law / and therfore yowe maye playnly see that to brynge in the Leuiticall lawe / ys no thynge for theyr purpose IN the .xxxviij. leif of their boke / they saye finally to make an ende Thow shalt vnderstand gentill reader / that the requestis and suetes of diuerse persons / whiche haue desyred dispensacions in thies degreys haue many tymes here to fore bene denyed and repellid by the Popes of Rome whiche answered them thus It is not in any case leful for vs to dispence with the lawes of God ād this we shall shewe yow here after To this their reason and sophistical argument / I answere that al thowghe sum Popes haue denyed to dispence in suche degreys of affinite yet vppon this no mā can conclude that therfore suche degre is of affinite do set mariage by the lawe of God and by the law of nature For the Pope may deny to dispence in the thyrde degre of consanguinite / and affinite in the side lyne / and yet euery man knowithe / that the thyrde degre of affinite and consanguinite doith not let matrimony by the lawe of God / and by the law of nature / and also theyr argument ys nowght and sophistical Also the Pope maye lefully denye and not lycence a manis sone to mary his fathers goddoughter / and yet suche mariage ys neyther forbidden by the lawe of God / nor by the lawe of nature / and thus yow may see / that thies persons reason is no thinge worthe Thei say / that you shal vnderstande / that Popes hath denyed to dispence in suche degreys And I saye that yowe shall vnderstonde that Popes haue dispencyd and lycencyd the Brother to marye the sister and the son to mary the Fathers Sister / and the Brother to mary the Brothers widowe / and one man to mary two Sisters / and also the same man to mary his wifes nece And that Popes haue licencyd moo persons to marye in suche degreis of affinite and consanguinite / as I shall shewe yowe here after Wherfore yowe maye perceyue thies deceyuers reason is of no strength NOw where as they saye that the Popes / whan they denyed to dispence in suche degreys / they answeryd thus yt is not in eny case lefull for vs to dispence withe the Lawes of God / and this thies persons saye they will shewe here after / and I wyll make answere vnto yt whan that they shewe it Finally to make an ende yow shall vnderstand / that in the .xxxviij. leif of their boke / they make an Epilogacyon / And a great heape of shamefull lyes / saynge / Moreouer thow seest and excepte we be deceyued thow doist graunte c. I reherse no more of their letter / because yow may see the residewe in their boke whiche ys all togither false / and so in the ende of their second chapiter in the .xxxix. leif that maketh a conclusion of the same stuffe / sayng / that the sentence and determinacyons of their vniuersites is of as vndowtyd credence and auctorite / as can be Where they saye / that to mary hir that is left of his brother dyinge without children / is so forbidden / both by the lawe of God / and by the law of nature that the Pope is not of power to dispence with any suche maryage / whether they be all redy contracte / or ells to be contracte This is the sentence and determinacions of theyr vniuersites yet thies persones as ye haue sene haue not prouyd it / nother by auctorite / nor reason / nor they neuer shal / for the sentence and the determinacions of theyr vniuersites / ar manifest false and a great error hereticall wherfore yf these persons had sayd that the sentences and determinacions of the vniuersites / be as vndowtid falsehed as can be / where they saye That to mary hyr that is lefte of his brother dying without children / is so forbidden bothe by the lawe of God / and by the lawe of nature / and that the Pope is not of power to dispence with any suche mariage / than they hade said trewth for without faile / the sentences and determinacions of theyr vniuersites are vndowtid falsehed / as yow haue partly harde / and as ye shal heare more / her after IN the third chapiter in the .xxxix. leif of theyr boke / thei say thus We thinke that we haue wel and sufficiently confirmyd and stabilished owr entent and purpose by the Popes lawes / and by the auctorite and counsels Nowe next we will go about to fortifye and make goode the same by the most excellent and most faithfull interpreters and most trew doctours that expownde holy scripture Here they saye that they haue well and sufficiently confirmid and stablysshed their entent by the Popes lawe and by the auctorite of counsels And yet yow may see that they haue brought nether Popes law nor counsels that affirme thys theyr false purpose That it is againste the lawe of God / and againste the lawe of nature / for a mā to mary his brothers wife a widow c. And that the Pope hath no power to dispence vppon suche mariage Wherfore they shuld haue sayd that they hade nother well nor sufficiently confyrmyd ād stabilyshed their purpose nor yet neuer shal by no faithful interpreters and trew doctours that expownde holy scripture / had thies persones said thus / they had sayd trowth But that they loue to saye as theyr boke doith euidently shew / Nowe I beseche you marke and note well what thies doctours saye that they bring in / and how well they fortify thies deceyuers purpose First they bring in and allege the great clerke Origene / wher he expowndith the .xx. chapiter of the Leuitical Now I beseche yowe loke well vppon all that they bringe of Origene / and yowe shall see that in noo poynte he helpith or favoryth their opinion IN the .xli. leif of theyr boke / they say that Crisostom doith agre with Origen / and they say trewth / for he doith no thinge say that makithe for theyr purpose IN the .xlij. leif of theyr boke / they