The tenth Chapter. The seuenth precept; Thou shalt not commit adulterie: and first of Matrimonie, and hauing of concubines.
MAtrimonie, wedlocke, 1 marriages, and wedding, doo signifie all one thing, and matrimonie (as it is in the first booke of the institutes of Iustinian, when mention is made of the power of the father, & in the Digests, 2 De ritu nuptiarum ) is defined to be a coniunction of man and woman, an inseparable conuersation of life, and a communicating of the lawe of God and man. But this definition must be made perfect by the holie scriptures. Wherefore we must saie, that this coniunction of man and woman, was instituted by God, for the increasing of children, for the taking awaie of whoredome, and that thereby the life of man might haue helpes and commodities. In this definition, no doubt but the coniunction of man and woman are in stéed of the matter. Vnto the forme apperteineth the inseparable conuersation of life; séeing with this mind and purpose man and wife must marrie togither. For although that copulation be separated by adulterie; yet, when the matrimonie is contract, both man and wife ought to haue this in their mind: that being once ioined, they must abide and liue togither. This also belongeth vnto the forme, that betwéene them two there be a communicating of the lawe of God, and of the lawe of man; sith it behooueth that they should he both of one religion, and that they communicate humane things one with an other. For the wife passeth into the familie of hir husband, and is accounted one flesh with hir husband. Yea and the goods of both the wedded persons, in all respects, be made common to the one & the other. Howbeit, the efficient cause of this ordinance was God himselfe, euen from the beginning, who made a helper vnto Adam. And the end (as we haue said) is the procreation of children: for God said; Increase and multiplie. 3 But as touching the other end; namelie, for the auoiding of whordome, 4 Paule hath verie well and plainelie written, in the first to the Corinthians.
If thou wilt demand, whether bonds or writings are required for contracting of matrimonie, we may answer, They be not required: bicause the consent of either parties is sufficient, as may be perceiued in the Authentiks, and in the Code, where it is intreated of marriages. But that, 5 which Ierom writeth vnto Oceanus, that thereby a wife is discerned from a concubine; bicause a wife must haue bonds, and a dowrie (which concubins had not) this I saie is not vniuersallie to be receiued; for his saieng is to be extended vnto that wife, which before was a concubine. As touching hir it was néedfull to haue bonds, that she might no more be counted a concubine, and that the children, which she alredie had, or afterward should haue, might be legitimate. But a dowrie is not required of necessitie; bicause (as it is a common saieng) a dowrie hath not place without matrimonie: but matrimonie may consist without a dowrie. For a dowrie is giuen for the easier susteining of the burthen of matrimonie. The canons haue added, and that profitablie, that matrimonies should not be contracted priuilie. 6 For if the assent of the man and wife be secret, and without witnesses, iudges can pronounce nothing of such a matrimonie contracted. Wherefore, if their wils should be changed, and after those secret matrimonies, they shuld contract solemne and publike marriages; the first marriages giue place vnto them, and the conscience is kept both doubtfull, and also wounded.
7 2 But to speake of hauing of concubines, two things are to be considered; first, what the Romane lawes ordeined concerning the same; secondlie, in what sort it was vsed among the Hebrues, or what is to be vnderstood, when we read that the fathers had concubins. As concerning the first, the hauing of concubins was by the ciuill lawe a certeine kind of matrimonie: for a concubine was not a harlot prostituted vnto manie men; nor yet a harlot, which was kept togither with a lawfull wife. And how much she differeth from a wife, it shall appéere by the definition of a concubine. 8 For a concubine is she, that hath the vse of marriage with one that liueth sole. But for that she is not vnseparable (insomuch as they that are so ioined may easilie be separated) therefore a concubine differeth far from a verie wife. Moreouer, the rites of the lawe are not communicated with hir: for a concubine passeth not into the familie of him, with whom she is conuersant; yea and their goods and faculties are not common togither. Neither are the children, borne of that coniunction, counted lawfull and iust heires; vnlesse they be made legitimate by the benefit of the prince. Howbeit, it is by the Romane lawe forbidden that a man should haue manie concubins at once. And it is prohibited to haue a concubine, togither with a wife. Moreouer, by the Romane lawes, such cannot be counted as concubins, with whom rape may be committed; namelie, a frée borne virgine; and a widowe vnder 25. yéeres of age. For if a man haue carnall companie with them, either it shall be matrimonie, or else iudged whoordome. Yet neuerthelesse, a widowe may be a concubine, if before witnesses it be declared, that she is taken, not for a wife, but for a concubine. And lastlie, there can be no concubine, which may not become a wife: although not in that place where she dwelleth, yet at the leastwise in another place. Which I therefore saie: bicause by the Romane lawe, it was not lawfull for the president to marrie a wife of that prouince where he gouerned: which neuerthelesse he might haue as a concubine.