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
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
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
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
speke ageynst this poynte And agayne whan he was asked of the same bysshoppe vnto what degree Christis faithfuls might marye with their kynsewomen and whether it was lefull for them to marie with their stepmothers with their brothers wiues whom at that tyme they called cosyns he answered in order to both two questions in this maner There is a certayne erthly and worldly law within the dominioÌ„ of Rome that the sonne and daughter of brother and syster or of two brothers germayns or of two sisters may be maried to gether but we haue lerned by experieÌ„ce that ther coulde neuer issue come of suche mariage and the holy lawe of god forbyddeth vs to discouer the foulenes of our cousyns wherfore it muste nedes be amongest faith full or Christian people that if they that be of kynne will laufully mary that they be in the thirde or fourth degre of kynred For they that be in the secoÌ„de degre whiche we spake of before maye in no case be maryed to gether And as for a man to be maried with his stepmoder it is a greuous synnne why so bicause it is written in the lawes of god thou shalte nat discouer the foulenes of thy father For although the sonne can nat discouer the foulenes of the father yet bicause it is written The man and wife shal be two in one flesshe or body doutles who so shall presume to discouer the foulenesse of his stepmother whiche hath ben one flesshe and body with his father he in dede doth discouer the foulenes of his father Ageyn it is forbidden by the Leuiticall lawe that a man shulde myngle or marye with his cosyn that is to sey his brothers wyfe bycause that she being ones ioyned with the former brother is made his flesshe and for the same thynge saint IhonÌ„ Baptist loste his heed and by an holy martyrdome was brought to his ende Vnto whom it was not seyde that he shulde deny Christe yet he was slayne for confessynge Christe But bycause our lorde Iesus Christe had sayde I am the treuth saynt IohnÌ„ truely shed his bloud for Christe by cause he was slayne for the treuth But bycause there be some amoÌ„ge the Englysshe people whiche whyle they were yet infidels or vnfaythfuls as hit is sayde haue myngled them selfe by suche abhomination and not to be spoken mariages they muste be warned whan they come to the faith that they absteyne and forbere their carnal pleasure betwene man and wife and that they beleue and grauÌ„t that it is a greuous sinne to vse it let them feare the terrible iudgement of god lest for a lyttell carnall pleasure they falle into the tormentes of euerlastinge paynes ¶ Nowe reder marke diligently with me these wordes of saint Gregory consider me here in his writinge .iii. or .iiii. thinges Fyrst that the most holy most excelleÌ„t lerned doctor both in the law of god of maÌ„ vtterly plainly affirmeth these Leuitical lawes that a maÌ„ shulde not mary his brothers wyfe with the other to be of suche auctorite that he saythe openly that they be the very lawe of god SecoÌ„de that the same lawes be nowe at this tyme of suche auctoritie strengthe that it is not leful in any case to contracte matrimony contrary to that is forbidden in the same Thirdly that the occasion of saynt IohnÌ„s martyrdome was this bicause he wold meinteyn vphold the truth auctorite of the same lawes ageinst Herode the king which had maried his brothers wyfe Fourthe that the mariages which certain englisshe men had coÌ„tract with their broders wiues and that euen before they had taken the fayth vpon them to be so vnleful not to be spokeÌ„ that they could not without dedly sinne rendre their duetie of mariage one to an other nor yet abide stil in thesame mariagê the whiche thing truely we thynke ought not lightli to be passid ouer For ones saint Paule biddeth and coÌ„mandeth that they whiche be laufully maried shulde nother be diuorsed nor yet the ton to deny the tother the right dutie of mariage Agein saint Gregory had grauÌ„ted liceÌ„ce vnto the said englisshemen that they might coÌ„tract matrimoni in the .iiij. degre that mariage coÌ„tract in the .iiij. degre shuld nat be brokeÌ„ wherfore these thingis coÌ„sidered it must nedes be that there was doutles some great cause why saint Gregory wold nat admit or suffre such mariages as the englisshmeÌ„ had coÌ„tract with their brothers wiues at the lest wise to haue suffred them by a dispensation or lycence if it had ben lefull to haue dispeÌ„sed with theÌ„ And truli ther lacked not causes which ought to haue moued him for to haue dispeÌ„sed with theÌ„ As bicause of the faith of christeÌ„dom the whiche some freill persons had leuer ê‘aueÌ„ture vtterly to forsake and renouÌ„ce thaÌ„ to haue departed from their tenderly beloued wyues as the tymes were than in the begynnynge of the faith An other cause shulde haue ben this that they had bouÌ„de them selfe by maryage before the wasshynge of baptisme at the whiche tyme there were no lawes wrytten by the whiche the heathens were forbidden from suche mariage of their brothers wyues But this moste holy and moste wyse man thought that in all and before all a man shuld regarde the commaundement of god And he wolde nat be author nor causer to no man for to breake that lawe He sawe and playnely dyd iudge that he whiche had maryed his brothers wyfe hath done contrary to the principal cause of mariage and against the naturall inclination of man whiche he hath to haue issue and posterite bycause that god saith He that marieth his brothers wyfe shall dye without children he sawe that this is plainly an vngodly dede abhominable before god and man and also ageynst the nature of man and as nygh as can be vnto the nature and lyfe of beastes He sawe howe greuous punisshment is abiding them which haue defiled them selfe with this foule synne Therfore he iuged that nother peace nor yet faith and christendome nor any other thinge in this worlde beside forth is of suche vertue and goodnes that it is able to recompeÌ„ce and weye out the malyciousnes of this dede He wolde nat than that suche mariages shulde stande styll and remayne or be called or so moche as be thought to be mariages but he wolde rather haue them broken and vndone and dyd commande that as many as had intangled them selfe with suche mariage shuld be admonisshed and warned that if they wolde professe Christes religion they shulde from thens forwarde absteyne and forbere from medling the one with the other If nat they shuld haue for theyr carnall pleasure the tourmentes of euerlastyng punisshment ¶ Furthermore reder there be other bysshops also whiche in tyme passed were in very dede greattest and hyghest nat onely for their lerninge and wysedome but also for the holynesse of theyr lyfe that maye clerely teache the that these Leuitical forbyddynges of
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
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
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
holy scripture Amonge whom Origen cometh first to our remeÌ„braunce for he expouÌ„ding the .xx. chaptre of the Leuitical doth declare at large this sentence of god Kepe you all my commaundementes and my iustifienges and my iugementes it semeth saith he requisite and necessary that we shewe what is signified by euery one of these wordes and truly as farre as euer I coulde perceiue a precepte or commandement is As for an example that whiche is sayd in the .x. commandementes Thou shalt not slee thou shalte not do none adulteri for this is only precept or coÌ„maÌ„ded but there is no punisshemeÌ„t put to for the breking of it but nowe these same selfe preceptes or teachynges be rehersed agayn but here penalties be putte to them For in this place it is sayde what so euer man coÌ„mitteth adultery with a mans wyfe and with his neyghbours wife lette them dye both the man that doth adultery and the woman that he doth it with and he that shal slepe with his fathers wyfe and shall discouer the foulenes of his father bothe two lette them dye for they be gyltie and deathe worthye There were preceptes or reules gyuen alredye of these thynges before but there was not putte to what punysshement he shulde haue that dydde breake them Nowe therfore these same thinges be rehersed agayne and the penalties of euery trespas is set And therfore these lawes may well be called iustifiinges and iudgementes by the whiche he that doth synne or breketh the coÌ„maundement is iudged to receyue that is iuste for his trespas But beholde the order of the godly wisedome god doth not set punysshement by and by at the fyrste as sone as he had yeuen the preceptes or rules bowe men shulde lyue for he wyl haue the kepe the preceptes of thy father and to do as thy father wylleth and byddeth the not for feare of punisshement but for loue that thou haste to vertue and goodnes and to thy father But if thou dispysest to do as thy father techeth the than there is a coÌ„mandement that thou shalt be punisshed not bycause thou arte a man so moche as bycause thou art a contemner and dispiser of thy fathers teachynge Therfore fyrste of al thou art prouoked and moued by gentylnes and fayre meanes as a chylde and Dauid testifieth that we be children wher he sayth you al be goddes and the children of hym that is hyghest that if thou wilt not be obedient like a good childe but wylte be a transgressour and a dispiser of thy fathers teachynge thou shalte be punysshed lyke a bonde man After this he saithe furthermore And if any man shall slepe with his doughter in law his sonnes wyfe let hym dye both .ij. haue coÌ„mytted impiete or abhominacion and they be gyltie and deth worthie These lawes and preceptes god had gyuen before without any punysshmentes or penalties For he had sayde Thou shalt not discouer the foulenes of thy sonnes wyfe and all the other preceptes that there do folowe And this place lyke wyse there he putteth withoute punysshementes but here he hath put hit with dyuers kyndes of punysshementes And in the ende where he speaketh of the same Leuitical prohibitions at the last he maketh this coÌ„clusion Therfore it is good saythe he to take good kepe leste at any tyme we reuerence our carnal fader or our father of heuen with lesse honour than we ought and they deserue And like wise hit is good to obserue honour our mother and also to obserue and kepe all other such coÌ„mandemeÌ„tes what so euer they be that commende to vs shamefacidnes clennes and chastite to th entent that we shuld folowe and lyue accordyng to the same that we shulde nother accordynge to the carnal lawe of Moses be in dauÌ„ger of deth here in this present lyfe nother after falle in to the punysshement to come of euerlastinge fyre of helle after the spirituall lawe of the gospel ¶ And lyke wise Chrysostome dothe agree with this sayenge of Origen where as he doth stiffly and playnly hold that fable tale that the Sadduces made vpoÌ„ the womaÌ„ that they said was maried to .vij. brothers to be but a fantasy and a thing fained and imagined For the Iues saith he be such men that we se them euen nowe at this tyme to be mightily afferd to marie with their brothers wyues bicause as you wold say they thynke surely there shulde some mischiefe come of it And not withstanding that the law shuld constrain and binde the Iues to mary their brothers wiues yet for all that we se them often tymes lyttell regarde it and make lyghte of hit and not to do hit wherfore Ruthe a womaÌ„ also of Moab was driuen to mary with one of her kynne whiche was verye farre of And Thamar was constrayned to disguise her selfe in a common womans apparell and to steale seade of her father in law ¶ Also Basilius the great is of the same sentence and mynde that these other two foresayde doctours be whiche wrote vnto Diodore the bysshoppe of Tarsus on this wyse There be come to my handes certayne writynges whiche be sente out vnder the name of Diodore but the thingê that were coÌ„teyned in them were like to be any other mans writingis rather thaÌ„ Diodors But me semeth that there is some craftie felowe that hath put vpon him thy persone that by this meanes at the lest he might misuse the auctoritie of thy name to gette hym credence and to be beleued of his herers and schollers For this man that wrote this thing whan he was asked whether it was lefull for a man whan his wyfe was deed to marie his wyues syster dyd nat abhorre this question in so moche that he suffred to here it with a very good wyl and dyd study and labour to promote and sette forwardes this lust whiche is to shameles to wanton to foule vncleanly And if I had those same wrytynges with me I wold doutles now or this time haue sent them to the bicause thou mightest socour and helpe both thy selfe and also the treuth But bicause the same man whiche brought the writinges caried them by and by away with him again and afterwardes bore them about with him shewyng them in euerye place as thoughe he had gotten the victorie of vs whiche before tyme had forbydden suche maner of maryages and dyd boost that he had this licence of vs in writing I determined to write vnto the of this thinge to thintent that we shulde of both handes go about to reproue this imagined tale and falsly forged sayenge of this felowe to shewe that it is nothynge but a sterke lie lest it may hurt them into whose handes it shal fortune to come And truly firste of al we may leye ageynst him the coÌ„mune custome and suche a custome which by ryghte and reason is as stronge as any lawe bycause it is no newe thing but hath continued of longe tyme and was brought vnto vs nat by euery body
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
for this thing to encreasse amonge vs loue and charite and ageine seing that he hym selfe dyd cōmaunde vs that our iustice and goodnesse shulde passe the Iustice of the Scribes and Phariseis And be suche iustice as a pure iust man ought to haue and our chastite lykewise Playnely if Christe wolde haue excepte vs from the bondes of these most holy lawes so that they shulde haue no power in these dayes vpon christian men where as we canne not denye but they haue had power strengthe amonge the Iewes in tyme passed forsothe besyde many other absurde and vnresonable thinges these .ij. chieffly shulde folowe The one that the olde law and Moses the auctour therof shulde be farre more perfecte than Christe his newe lawe The tother that Christe hym selfe shuld seme to haue giuen more large and fre libertie to fylthy luste and pleasure euen vnto vs whiche be christian men spirituall people and that lyue by the spirite of Christe and by the holy goste than he did giue before tyme to the carnal Iues. The whiche .ij. thynges it is euidēt playne that they be most absurde and as moche agaynst all reason as can be ¶ For Moses neuer ordined nothinge that doth leade a man immediatly streicht to any vertue or morall perfection but the same thing is also commanded orels confirmed in the lawe of the gospel by Christe him selfe other by expresse wordes orels so that it might be vnderstande And al that euer do expoune this place of Matthewe where he saith I am not come to breke the lawe but to fulfyl it do shewe this thynge as euidently as can be For al they with one voyce and with one spirite or mynde do agree to this thynge that as Christe did take awei none of those lawes that were but sygnes or tokens or shadowes of thinges to come but rather did fulfyl them and that by .iii. meanes Fyrst bicause he did finysshe and ende the fygures of the olde lawe Seconde bicause he did performe them in dede Thyrde bicause he declared what they meaned Euē likewise he did fulfyl al the morall preceptes bothe as touchinge the perfecte knowlege and vnderstondinge of vertue goodnes whiche he hadde and also taught it vs and ageine as touchinge the execution and doynge accordinge to the same knowlege and more ouer as touchinge the relyfe and remedy wherby he saued mankynde from euerlastynge damnation after the fall of Adam or els as Duns saythe in other wordes Christe did not take a wey the morall lawe of Moses but onely did declare it more playnly then the Iues did vnderstonde it and did make adde to more perfecte reamedies for our saluation then Moses ¶ For thus sayth saynte Augustine By cause sayth he the Iues vnderstode manslaughter to be nothinge but onely the sleinge of a mans body wherby he shuld lose his lyfe bycause they thought vnderstod that adultery or fornication was onely the vnlefull bodely copulation with a woman Christe opened taught that all and euery ill motion pourpose will or consent to do our brother harme is compted for a kynde of manslaughter and that euery vnlefull desyre to bodely pleasure is fornication adultery Ageyne THESE PROVD folke whiche iustify them selfe and in their owne conceit thinke them selfe good the lawe hath got them in her bondes and daunger by their gylte and faute of transgression or breakyng the lawe and so the lawe increasseth their syn in that it byddeth them to do that whiche they be not of power to fulfyll and therfore the iustice or goodnes that the law doth teche vs is fulfylled and perfourmed by the spirite of Christ. And bicause truly it is harde euen for them that be vnder the grace of god and be ruled by the grace of god to fulfyl and vtterly to kepe this that is writen in the lawe Thou shalte not desyre Christ became the sacre prest bi the sacrifice or offerynge vp his body dothe get vs perdon remission and forgyuenesse of our synnes and so he dothe fulfylle the lawe in this poynte for vs so that that thinge whiche we be not able to do our selfes bycause of our infirmite and weakenes is recouered made vp by the perfect goodnes of him whiche is our heed and al we christian folke membres to the same heed For the hole church of Christ or al christiā people make one body wherof Christ is heed ¶ To the whiche sentence agreethe also saint Ireneus Our lorde saith he did not fordo the natural preceptes of the lawe by the which a man is iustified made good the whiche lawe euen syns it was gyuen all they kepe that were iustified by theyr faith and pleased god Our lorde I saye dyd not adnull them but he dyd extende and enlarge them ye and fulfilled them or made them perfecte as is playne by his owne wordes which be these It was said to the Iues in the olde lawes thou shalte not commytte adulterye but I saye vnto you that who so euer dothe loke vpon an other mans wyfe with mynde and wyll to medle with her hath committed adultery nowe al redy euin in his harte All these wordes truly sayth Ireneus do not contrarye nor anull these thynges that were writen before in the olde law as they whiche folowe Marcion saye but fulfyll and make them perfecte as Christe hym selfe sayth Excepte your iustenes and goodnes passe the iustyce and vertue of the scribes and Phariseis you shal not haue the king dome of heuen And wherin sayth Ireneus shuld we passe and excelle the Scribes and the Phariseis Firste truely that we shulde beleue not onely in the father but also in his sonne whiche is nowe manifestly knowen amonge vs. Moreouer that we shulde not onely speake well and after the lernynge of Christe but also do accordyng to the same which the scribes and Phariseis dyd not whiche somtyme spake well and did not therafter Last of all that we must absteine not onely from yll dedes but also from the thoughtes wylles desires of all euyll And as for these thynges he taught not as contrary to the law but put them vnto it to fulfyll and make it vp and to roote in vs the iustifications and perfectnes of the lawe For where as Christe did cōmande vs to abstein not only from those thynges that were forbydden by the olde law but also from the noughty lustes desires and wyll of the same this thynge is not contrari to the lawe as we said before nor breketh not the lawe but fulfilleth and increasseth the lawe ¶ Therfore by cause all the naturall preceptes be commune to vs and to them and we be as well bounde vnto them as they were amonge them trewly they had their beginning first springynge vp in vs they toke their ful perfectnes For truly to submit our selfe vnto god to folow his worde and cōmandement and aboue all thynges to loue him and to absteyne from all euyll doinge