Of Rauine, or violent taking awaie.

¹⁸² 27 This word Raptus, Rauine, in the Hebrue commeth of Chatath. The Gréekes saie, ⟨…⟩; the Latins Rapere, which is, To take awaie by violence; not after euerie maner of sort, but as it were by a certeine furie and great violence. ¹⁸³ Wherefore rauine differeth from theft; bicause theft may be committed secretlie & without violence. For which cause, in the Digests De iureiurando, in the lawe Duobu⟨…⟩ reis, it is written; If a man sweare he hath not taken anie thing awaie violentlie, yet is he not straitwaie quit of theft. For although that thing, which a man dooth, be not rauine; yet it may be theft. So the ciuill lawe putteth a difference betwéene theft and rauine. But to what things rauine perteineth, it is mentioned in the Digests, De conditione triticiaria, in the lawe the first. Things immooueable, as houses, lands, & farms are entred vpon: but those, which be mooueable, as things not hauing life, beasts & men are violentlie taken awaie. Howbeit, ¹⁸⁴ we treate here of the violent taking awaie of things mooueable: yet neuertheles, not of all, but of mens bodies, that are by violence taken awaie for lusts sake. This is another kind of rauine, but not proper, which Augustine toucheth in the 19. sermon De verbis apostoli: and it is mentioned in the Decrées, ¹⁸⁵ 14 cause, question the fift, in the chapter Si quid inuenisti, where he saith, that things, which be found, must be restored. Which if thou doo not, thou hast taken them awaie forceablie; forsomuch as thou hast doone what thou couldest: so that if thou haddest found more, thou wouldest haue taken awaie more.

There the Glosser verie well declareth, ¹⁸⁶ what is to be doone with things that be found. Either (saith he) the same are counted for things cast awaie: as if the owner haue cast awaie anie thing, the same, if a man reteine, when he hath found it, he committeth not theft; but if that thing, which is found be not forsaken, neither thought to be cast awaie willinglie by the owner (as when a ring is found, or a purse, or anie such thing, which is not woont to be cast awaie) if thou deteine it, it is theft, vnles thou kéepe it by thée with a mind & will to restore it againe. So then, thou must openlie tell that thou hast found these things, whereby the owner may come to his owne againe; as it is decréed in the Digests De furtis, in the lawe Falsus, in the Paraph, Qui alienum. But if thou kéepe it by thée, with a mind not to restore it, it is theft. And this dooth Augustine in the place now alledged reprooue. The verie same is decréed in the Code De thesauro, in the lawe Nemo, and in the institutions De rerum diuisione, where it is ordeined; that If a man find treasure in his house or ground, it shall be his that findeth it. Howbeit, if he find it in another mans soile, either he hath gotten it by chance, or else he sought for it. If he haue gotten it by chance, let it be diuided betwéene the finder and the owner; but if he sought for it, the whole must be yéelded to the owner. If the place were holie, and the treasure found by chance, the finder shall haue it. It is added, ¹⁸⁷ that if a man doo séeke for treasure in his owne ground, and thervnto vse Magike, and arts forbidden; the thing found, ought to be yéelded vnto the common treasurie. For he, which by euill meanes hath sought anie thing, séemeth vnworthie to be possessor thereof. But to returne to Augustine, I affirme that which before I said, that it is not properlie rauine, if a man hold backe that which he hath found of an other mans.

And this dooth Origin plainelie declare in his fourth homilie vpon Leuiticus; Some (saith he) will not restore that, which they haue found: for they saie, that God hath giuen it them. Howbeit, whatsoeuer they saie, it is a crime like vnto rauine. He saith not, that it is rauine, but a certeine thing like vnto it. Although we haue out of the ciuill lawe distinguished theft from rauine, yet may rauine be called theft; but yet so, that there be added a violence. In the Digests De Furtis, in the law Si vendidero, it is thus written; He that taketh awaie by violence, euerie waie committeth theft, and is an open théefe. But omitting these things, let vs returne to that kind whereof we now intreat. Some haue said, that this Latine word Rapere, is nothing els, but Violentlie to lead awaie a maiden from the house of hir father, to the end that he dishonesting hir, may afterward haue hir for his wife. But this definition is not full and absolute, although it be vsed of the Canonists in the 36. cause, question 1 chap. Lex illa, in the Paraph Cùm ergo. For in the historie of iudges, the maidens were violentlie caught awaie, yet were they not taken awaie from their fathers house, but out of the féeld or vineyards. Neither is that true, which is added: namelie, To marrie hir, or to haue hir to his wife, when he hath dishonested hir: for the mind of him that taketh hir awaie by violence, may be to haue hir for his concubine, or t’abuse hir at his pleasure, though he take hir not to wife. Further, this forsaid definition onlie maketh mention of maidens, when as yet neuerthelesse, both married women & widows, frée-maid-seruants & bond-maid-seruants, & also yong children may be violentlie taken awaie. Wherefore the crime extendeth further than that definition dooth import. Onlie harlots séem to be exempted; for they are not said to be carried awaie violentlie, although they be taken awaie by force. And certeinelie, it is then no action of violent taking awaie, but of iniuries onelie. But it is ment, that such persons are violentlie caught awaie from the custodie either of their parents, or of their tutor, gardian, patrone, or lord; to the end there may be vsed an vnlawfull copulation, whether matrimonie followe or no.

¹⁸⁸ 28 Now must we declare what punishments be ordeined for such violent takers. In the Code De Raptu virginum, & viduarum, in the lawe Vnica, Iustinian intreateth at large of that matter, & maketh the taking awaie of the persons, which I haue before rehearsed, guiltie of death: so that the companions also, and they which assisted the raptor, are comprehended in the same punishment. Neither was that thought to be sufficient, but there were other punishments inuented more gréeuous than death. For it is decréed, that not onlie the iudges and magistrates shall put him to death; but also, if the raptor be taken with the wicked déed dooing, either by the parents, brethren, kinsfolke, tutor, gouernor, lord, patrone, or finallie by him, in whose power she is that is taken awaie, they may kill him, and that without anie punishment. It is also ordeined, that they, which are present with the raptor, and defend him in his dishonest act, may also be slaine without anie danger. ¹⁸⁹ He addeth likewise, that violent taking awaie is sometime committed against a mans owne spouse: as if one by violence take awaie hir, whom he hath not yet married. And if a man take awaie an other mans wife, he dooth not onelie commit adulterie, but also rauine. If the raptor be not slaine (as they saie) in the verie heate of the crime, he ought afterward to be put to death by the iudges or magistrates: and so, ¹⁹⁰ that if he appeale vnto a superiour magistrate, he shall not be heard. And that (saith Iustinian ) was ordeined by a lawe made by Constantine.

Vndoubtedlie it is gréeuous, not to be heard if thou appeale. And that is héere decréed. So great a matter did the ciuill lawes make of rauine. In frée-maid-seruants & bond-maid-seruants, the punishment is ended with death: but if a frée-woman be taken awaie by violence, the goods of the raptor, and of those which be present with him, doo turne to hir vse that is taken awaie. Neither can the raptor giue awaie his goods, or bequeath them by his will, but they fall to hir that is so taken awaie: and that not onelie for a time, but also for euer; in such sort, that she may either seb them, alienate them, or giue them for a dowrie. One thing onelie is excepted; to wit, Vnlesse she that is taken awaie, be afterward married to the raptor. The goods of the raptor were giuen hir vpon that condition, that she should not marrie him: and the reason of the lawe is added; bicause in our publike weale, we suffer not, that a man should marrie a wife, after the maner of an enimie. For citizens are woont to marrie their wiues, and not to take them violentlie awaie. But what was doone with them, which although they were not present at such taking awaie; yet were of counsell thereof: or being witting thereof, vttered it not; or else afterward receiued the raptor into their house? Iustinian decréed, that they indéed shuld not loose their goods; but onlie be put to death. Neuertheles, if a bond-man, or bond-woman were taken, either in committing or aiding this crime, it was commanded that they should be burnt with fire.

¹⁹¹ 29 But what if a maid will, by hir owne consent, be taken awaie; yet must no part of the punishment (saith Iustinian ) be diminished: it is euen all one, whether the woman will or will not. And the reason is added; Bicause, if the raptor would absteine from the rapt, it is not verie likelie, that anie woman will offer hir selfe, of hir owne accord, to be taken awaie. Wherefore it séemeth probable, that she was woone by flatteries and deceits. Yea and the parents of the maiden, if they consent to the taking awaie, are commanded to be banished. These things Iustinian decréeth in the Code: who neuerthelesse afterward in the Authentiks (where it is intreated of women taken awaie, which marrie the raptor) was compelled to make the lawe anew; bicause there were some, which cauilled, that if she that was taken awaie did consent to be married, she might possesse the goods of the raptor. For so they interpreted the first lawe, that the goods of the raptor ought to come vnto hir that was taken awaie, if she married him, or if he in his will made hir his heire. But we (saith Iustinian ) ment no such thing: for our lawes doo not appoint rewards for a wicked crime. Besides, neither can he make anie will, forsomuch as he is now condemned to die. Neither doo anie of our lawes suffer anie such matrimonies to be in force. And if it be no matrimonie, how then can she possesse the goods of the raptor, in the name of the dowrie? And so he decréed, that such matrimonies should not be ratified.

What then shall become of the goods of the raptor? If the maid (saith he) haue parents, which haue not therevnto consented, those goods shall come vnto them; but if they haue consented (as I haue alreadie said) they were banished, without anie proprietie of goods or lands. Which kind of punishment was much more gréeuous, than plaine exile. But if the maiden had no parents, or had those which consented, the goods of the raptor were confiscate to the co~mon treasurie. By these things it appéereth, that in those times rauine was counted detestable. Wherevnto I will also adde this; If anie daughter had married against the will of hir parents, or otherwise behaued hir selfe wantonlie and vnchastlie, it was lawfull for the parents to disherit hir: as appéereth in the Code De inofficioso testamento, in the lawe Si filiam. This one thing is excepted: If the father knew that the iust time of matrimonie was past, and would not bestowe his daughter, then hath he nothing to deale against hir, if she marrie without his knowledge, or against his will; naie rather, he is compelled to giue hir a dowrie, as appéereth in the Code, in the same place, in the lawe Si post viginti quinque annos. Whereby it appéereth, that 25. yéeres was the furthest time that matrimonie should be driuen off. The same is mentioned in the Digests, De ritu nuptiarum, in the lawe Qui liberos. Other lawiers determine the same thing, if a woman take awaie a man by violence: although they saie that happeneth but seldome.

30 Now must be added the opinion of the Canonists, ¹⁹² and what they bring out of the scriptures. In the 36. cause, question the first, Gratian bringeth that definition of rapt, which we haue before confuted. But this he addeth: that in rauine, iniurie is sometime doone to the maiden, and not to the parents; and sometime to the parents, and not to the maiden: and sometime to them both. For if the maiden will be taken awaie of hir owne frée will, there is no iniurie doone vnto hir, but vnto hir parents: howbeit, if the parents giue the man power to take awaie their daughter, bicause she will not consent to marrie him; then there is no iniurie doone vnto them, but vnto the daughter. Yet there is iniurie doone to both of them, when the daughter is led awaie from hir parents against their will. And in the same place he bringeth the Councell of Orleance, ¹⁹³ in the chapter De raptoribus, where also he confesseth, that rauine was woont to be punished with death. But it is further said; that If the raptor take the church, he escapeth the punishment of death. How then? If the maiden (saith he) consented vnto the raptor, first she shall be taken from him, and restored to hir parents. Neuerthelesse, she being excused; to wit, a caution being accepted, let hir not be slaine or disherited: but if she consented not, she is by hir selfe sufficientlie purged: yet shall the raptor be compelled to publike penance; as it appéereth in the 36. cause, question the second, chapter Raptores. ¹⁹⁴ But what if he will not doo penance? He shall be excommunicated, according to the Cabylon and Chalcedon Councell.

Notwithstanding, if he doo penance, he shall be punished by the pursse. And herein they saie that they followe the word of God, which is written in Deuteronomie the 22. chapter; ¹⁹⁵ If a man dishonest a maiden, he shall giue vnto hir father fiftie sickles, and shall take hir to wife. And so they condemne the raptor to paie a certeine summe of monie vnto the parents of the maiden: the which summe if he will not paie, or hath not wherewithall, he is driuen to serue the father of the maiden for certeine yéeres (which the Glosser contriueth into fiue:) vpon this condition, that in the meane time he may redéeme himselfe if he will. It is added also; If they consent togither, the matrimonie is firme, so that the father agrée therevnto. And that these matrimonies may be firme betwixt the raptor, and hir that is taken awaie. It also appéereth by the Decretals De raptoribus & incendiarijs, in the chapter Cùm causa, and in the chapter following: which without doubt is against the ciuill lawes, and against the Canons of the better sort. But the Councell Meldenum decréed far otherwise: ¹⁹⁶ for first, it ordeined, that the raptor, and she that is taken awaie, should doo publike penance; afterward it permitteth matrimonie, but yet not betwéene themselues, but with other. And it is added; that If the husband or wife of either of them die, he which hath committed the rauine, or consented vnto the raptor, cannot contract new matrimonie, except the bishop release him. Besides this it is decréed, that by no meanes, anie such matrimonie should be firme, no not although the parents consent therevnto. Yea and the same Gratian confesseth, that the same thing was decréed in the Councell which was held at Aquisgrane; ¹⁹⁷ yet afterward, both he himselfe otherwise defineth, and also the Decretals of the Popes.

What then make they of those Councels? They answer that those Councels ment this, that it should not be lawfull to contract matrimonie in that case, vnlesse open penance be first doone, and the consent of the parents had. And to prooue that sentence, Gratian in the 36. cause, question 2. chapter Tria, ¹⁹⁸ citeth Ierom, who séemeth to acknowledge thrée kinds of matrimonie to be lawfull. One, when a maiden is giuen in matrimonie to a husband by hir parents, or tutors. An other, if a maiden be oppressed of a man, and hir father afterward consent to giue hir to him in matrimonie. The third is, if the father consent not to such marriages, but giue hir vnto an other man. These thrée matrimonies he saith are lawfull in the holie scriptures. But in the 27. cause, question 2. chapter Additur, by the testimonie of Ierom, there is added an other lawfull kind of matrimonie; namelie, when a widowe, which is not vnder the authoritie of the parents, marrieth in the Lord. Héere Gratian gathereth, that Ierom acknowledgeth matrimonie betwéene the raptor, and hir that is taken awaie. But I perceiue, that in the 22. chapter of Exodus, ¹⁹⁹ there is nothing intreated of violent taking awaie; onelie mention is made there of whoredome committed, and not of violent taking awaie. For it is said; If he by flatteries shall allure hir to lie with him, then hath he libertie giuen him that he may take hir to his wife, hauing the consent of the parents. But if a man had taken awaie a maiden, or man-child by violence, then he was iudged by the lawe Plagium, ²⁰⁰ that is, stealing of men: which is in Deuteronomie, and this it testifieth, that Whosoeuer stealeth a woman or man in Israel, should be punished with death. Wherefore there is nothing contained in the holie scriptures (so farre as I sée) touching the firmenesse or establishment of such a matrimonie.

31 But héere some man will obiect, ²⁰¹ that Iacob and his sonnes did consent, that Sichem the sonne of Hemor should haue in matrimonie Dina, Iacobs daughter, being violentlie taken awaie by him, vpon condition, that his subiects would suffer themselues to be circumcised. I grant this: howbeit, that was doone before the lawe of Moses was giuen. Neither doo we read, that the Patriarchs had anie word of God concerning this matter. Neither can it be denied, that before the lawe was published, verie manie things were committed against it. Iacob, ²⁰² of whom we now speake, had at one time two sisters in matrimonie. Amram had to wife his aunt, of whom he begat Moses, Aaron, ²⁰³ and Marie. Which matrimonies, after the lawe was giuen, were not lawfull. So as the example, now brought, prooueth nothing. But if raptors should haue anie hope of matrimonie, there would be opened a wide windowe for wild yoong men to take women violentlie awaie: for they will make no doubt to take women awaie violentlie, if they shall haue anie hope to marrie hir, whom they haue taken awaie. But all occasions of euill must be remooued out of the Common-weale, and the Church. Moreouer, séeing parents must haue great honour doone vnto them, they should susteine a great reproch, if matrimonies should be contracted betwéene the raptor, and hir that is taken awaie against their will.

This also séemeth to be added, that Lucius the Pope writeth vnto the bishop of Burgis, as appéereth in the Extrauagants De raptoribus & incendiarijs, in the chapter Cùm causa, that he decreeth, that If a maiden saie, that before she was taken awaie, there were woords passed betwéen them touching marriage, it cannot properlie be called rauine. What shall then be doone? May she against hir parents will marrie the raptor? Innocentius the third, in the chapter following, decréeth; If a maiden be taken awaie against hir will, and afterward consent to marrie the raptor, that marriage is also firme, yea although it be against the will of hir parents. And he addeth that this is doone, in the honour of matrimonie; when as indéed it openlie appeareth to the contumelie therof, if a man with déeper iudgement weigh the whole matter. In the 27. cause, question 2. chapter Raptor, it appeareth; If a maiden that is taken awaie, be betrothed vnto an other by the woords of the future tense, she must be restored vnto him, if he will receiue hir: and if he will not, it is frée for the maiden, which was taken awaie, to marrie an other. But if she were betrothed by the woords of the present tense, and that she can prooue, that she was taken awaie against hir will: the spouse, if he will not receiue hir, ought to be compelled.

²⁰⁴ 32 The Schoole-diuines write not much disagréeing from this. Thomas in the 22. question toucheth this matter, when he writeth, that violent taking awaie springeth of a vehement lust; whereby the raptor is so troubled, that he neglecteth all dangers. And he will haue hir that is taken awaie, to be rendered to hir spouse, if she haue anie; and if she haue none, vnto hir parents; or if she be without parents, to them in whose power she was. And then, if they will agrée, she may marrie the raptor; but yet so, that there be first made a restitution: bicause in all theft and robberie, restitution is chéeflie required. Yet (saith he) rauine before restitution be made, is a hinderance to the contracting of matrimonie; that is, that they sinne, if they contract matrimonie: neuerthelesse, if it be contracted, it breaketh not the contract. But to the canons, which determine against it, he answereth, that they were made in detestation of the crime: but that the Pope afterward considered the matter better. ²⁰⁵ Howbeit, this was not the part of a godlie man, to worship the Pope for God, and so to flatter him like a bondslaue. And to the end he might séeme to speake rightlie, he bringeth the words of Ierom, which are in Gratian, concerning the thrée kinds of matrimonie. But how that place serueth to this matter we haue in hand, I haue shewed before. Lastlie, he obiecteth vnto himselfe the Meldensian Councell. Howbeit, that place (he saith) must be vnderstood, as if a man will take awaie hir that was married vnto another: as though that were obscure or doubtfull. We néed no canons to vnderstand this.

²⁰⁶ Against Thomas, a certeine Diuine (none of the simpler sort) earnestlie opposeth himselfe in this matter. And where Thomas saith, that the violent taking awaie hindereth not the matrimonie alreadie contracted; he answereth that manie decrées make against that doctrine. Further, he bringeth a reason; namelie, that he, which is excommunicated, cannot receiue the sacraments. Then afterward he addeth, that the raptor is excommunicated: wherefore, vnlesse he doo penance, and reconcile himselfe vnto the church, he cannot contract matrimonie. There Caietane would altogither defend his Thomas; ²⁰⁷ and denieth that he, which is excommunicate, can be partaker of the sacraments. Howbeit, this he confesseth: that he, which is excommunicate, sinneth, if he receiue the sacraments. And he saith further; If an excommunicate be admitted to confirmation, or to holie orders, it cannot be denied, but that he hath receiued the sacraments: neither is it lawfull for him to begin them againe, if he afterward doo penance. Besides he saith, that the Maister of the sentences in the fourth booke, where he reckoneth the impediments, which take awaie matrimonie contracted, maketh no mention at all of rapt.

Moreouer, he teacheth that the raptor, and she that is taken awaie, are not excommunicated Ipso facto, but are to be excommunicated. But bicause he séeth that it is in the canons of the Councell of Chalcedon and Cabylon; Let the raptor, and hir that is taken awaie, be accurssed: he answereth, that the glosse interpreteth that saieng to be of the same force, as if it had béene said; Let them be accurssed. And againe he answereth to the other two things, touching restitution and penance; and saith, that she, which is taken awaie, ought not to be restored: but it is sufficient, if he satisfie the father by some means, although she be not deliuered into his hands; euen as in theft, it is not alwaies of necessitie, that things taken awaie should be restored, but sometimes it is sufficient, that the wrong be recompensed, either by a price, or by a bond. But concerning penance, he saith; The raptor, if he contract without it, he sinneth indéed; but yet after he hath contracted, the matrimonie is firme. Lastlie he saith, that the canons, which decrée to the contrarie, either be abrogated, or else speake of spouses. After this sort Thomas, Caietanus, the Diuines, Ecclesiastiks, and Canonists trifle among themselues, and plaie the parasites with the Pope their god.

33 Now I will declare what the holie scriptures doo determine hereof, ²⁰⁸ or what they will haue vs to iudge of the same. The first place is out of Genesis, the sixt chapter, where it is written; ²⁰⁹ The sonnes of God seeing the daughters of men, that they were faire, tooke them to wiues, such as they liked. I know there are brought sundrie expositions of this place. Some interpret The sonnes of God to be angels, which being inflamed with the beautie of faire women, had fellowship with them. This exposition cannot agrée: for séeing that angels haue no bodies, they cannot burne in such lusts. Others vnderstand by The sonnes of God those, which came of S⟨…⟩h, and were brought vp in the true worshipping of God; who being ouercome with beautie and fairenesse, contracted matrimonie with the daughters of Caine; that is, with idolaters and infidels. Whereby there now remained nothing sound and perfect: and therefore God sending a floud, destroied the whole world. ²¹⁰ The Chalde interpretor saith, that the children of GOD were mightie men, and magistrates; who when they had taken to wiues the daughters of base men, all things were fraughted with vices. Here doo I sée that rapt was committed, which thing the Chalde paraphrast hath signified, whose authoritie among the Hebrues is incredible.

And certeinlie, Moses saith not, that they desired these wiues of their parents, but onelie tooke them whom they liked best. By that place may easilie be noted the course, and as it were the degrée of mans wickednesse. For first they sawe, and then they desired, and at the last they violentlie tooke awaie. Neither were they won by their maners, but onelie by the beautie of the bodie: wherefore God punished that sinne by a floud. And although there were manie other sinnes in men, yet this one is expressed with an emphasis. ²¹¹ Besides, in the 34. chapter of the same booke, Sichem the sonne of Hemor did violentlie take awaie Dina the daughter of Iacob: but what end came of that violent taking awaie, it is not now néedfull to declare. But the cause whie Dina was violentlie taken awaie, was hir curiositie. The maiden would go foorth, and vnderstand the maners of other women. Curiositie was a hurt to hir then, and also will be a hurt alwaies vnto women. ²¹² For if it were hurtfull vnto the familie of Iacob, being so great a patriarch, for a maiden to wander abrode; how much more dangerous is it for other families, which are not so holie nor acceptable vnto God? But the nature of women is greatlie infected with this vice. ²¹³ And therefore Paule to Titus admonisheth women to loue their husbands, to bring vp their children, and to be biders at home. ²¹⁴ And to Timothie, when he intreateth of wanton and yoong widowes; They wander abroad (saith he,) and runne from house to house, and at the last go after Sathan.

Yea and these virgins, of whom there is mention made in the 21. chapter of Iudges, ²¹⁵ when they wandered abroad through the vineyards, and gaue themselues idelie vnto dansings, were intercepted by the Beniamits. Some will saie, ²¹⁶ that the brethren of Dina oppressed the Hemorhits by guile. It is true indéed, but when they were reprooued of their father, they said; Ought they to haue doone, nebata, that is, a foolish and wicked thing in Israel? And that Dina was taken awaie not willinglie, but against hir will, héereby appeareth: bicause it is written, that Sichem, after he had oppressed hir, spake vnto hir hart. Which signifieth no other thing, than that he would by flatterie haue comforted hir. But it may séeme to be a maruell, ²¹⁷ that these Beniamits were not punished for their rauine. And yet we must consider, that they did not properlie commit rauine, bicause they led awaie the maidens, not onelie by their owne counsell, but also by the will of the elders. ²¹⁸ Otherwise, true and proper rauine hath alwaies had an vnluckie end. Io was led awaie by the Phoenicians, Europa by the men of Creta, Medea by Iason, and Helen by Paris. All which violent takings aawaie stirred vp discords and wars, and also the ouerthrowes of publike weals and kingdoms. Also the Sabine women, while they would be curious beholders of publike games, were caught by the Romans. Whereof followed such wars, as both nations were in a maner destroied; ²¹⁹ as Titus Liuius, and Augustine De ciuitate Dei, doo write. Séeing then God will not haue such wicked acts vnpunished, it is méet that from hence foorth we auoid such matrimonies. I am not of the mind, to denie that matrimonis, which haue béene hitherto after that sort contracted, are no matrimonies at all. For it is not my meaning to bring a confusion of things. But these two points I affirme; first, that in contracting, there is sinne, especiallie, if it be doone against the will of the parents: further, that those lawes, whereby such matrimonies are permitted, must be corrected, that héereafter it may not be lawfull to doo the like. For we sée that the order, which God hath set, is peruerted; when as the parents are neglected, by whose counsels matrimonies should be contracted. And by this means yong men are incouraged to violent taking awaie, séeing they hope that they shall marrie the wiues, whom they violentlie take awaie. Besides, that which I speake, is agréeable with the lawes of God, with the lawe of nature, and with the ciuill lawes. Wherefore let the Canonists and Schoole-men take héed, how they iudge the contrarie.

VVhether marriages be lawfull betweene persons of diuers religions.

²²⁰ 34 There be which defend this kind of marriages, and affirme, that they be lawfull. For although God, in the 23. of Exodus, ²²¹ in the seuenth of Deuteronomie, ²²² and in manie other places forbad the contracting of them, that (saie they) must be vnderstood onelie concerning the seuen nations, which were inhabitants of the land of Chanaan. Neither thinke they, that God did forbid, but that the Hebrues might marrie with other nations. They adde also, that as touching the Chanaanits, that lawe might somtime be dispensed with: for Rahab the Chanaanite, bicause she was godlie and fauoured the Israelits, ²²³ became the wife of Salmon, who not onelie was an Hebrue, but a prince of the tribe of Iuda. I omit Iuda, ²²⁴ that went in to a wife of the Chanaanits, bicause he was otherwise vncleane: so then it is not lawfull to ground an argument vpon his example. More probable is that, which is written in the 21. chapter of Deuteronomie; ²²⁵ where GOD gaue leaue vnto the Israelits (if themselues would) to marrie the strange women, which were captiues among them. But first he would, that the head of hir that should be married, should be shauen, hir nailes not pared, hir garment changed, and that she should moorne for hir parents by the space of thirtie daies. Herby they gather, that such marriages were not by all meanes forbidden.

Yea and Boaz married Ruth a Moabite: and Dauid tooke Maacha the daughter of Thalma the king of Gessur. ²²⁶ Salomon also had the daughter of Pharao. Neither for this cause was he reprooued of anie: naie rather, he séemeth to be commended, bicause he loued Iehouah. ²²⁷ I passe ouer Samson, of whose matrimonie with a stranger it is euidentlie written in the booke of Iudges. ²²⁸ Moreouer, there is a place brought out of Paule, in the first to the Corinthians, ²²⁹ wherein is decréed; that It is lawfull for the beléeuer to abide with a wife that is an vnbeléeuer. Hereby they gather, that the diuersitie of religion maketh not, but that marriages may be firme. Yea and Augustine De adulterinis co~iugijs ad Pollentium, in the 23. chapter: and also De fide & operibus, the 19. chapter, affirmeth, that there is no euident place extant in the new testament, that such kind of marriages should not be contracted. Neuerthelesse, Ierom in his first booke against Iouinian, sharpelie inueiheth against this kind of matrimonie; and dooth openlie witnesse and complaine, that such marriages in his time were not eschewed. Also the same Augustine, in the place now alledged De fide & operibus, is sorie, that men did not thinke it to be sin, to contract marriage with them that be of a sundrie religion. But there is a doubt put as touching Salomon; bicause he séemeth not to be altogither cléere of sinne, by reason of these marriages: sith in the 23. chapter of Deuteronomie, ²³⁰ there is mention made, that some nations were altogither to be excluded from the conuersation of the Israelites. For the Ammonites, and the Moabits were perpetuallie to be excluded from the church of the Iewes: but the Idumeans and Aegyptians onelie vnto the third generation. And yet did Salomon immediatelie, in the first generation, admit an Aegyptian woman into the church of the Hebrues.

²³¹ 35 Now on the contrarie part, let vs bring foorth the reasons, which condemne and forbid this kind of matrimonie. And it is prooued not to be lawfull, vnles that partie, which was of the condemned religion, shall depart from the same. For, when as God so oftentimes forbad these kind of matrimonies, he added the cause: ²³² lest the vnbeléeuing partie shuld allure the faithfull partie vnto idolatrie. Bicause, if the vnbeléeuing partie abide in his or hir religion, the other partie dooth put foorth it selfe into great hazard: which the heauenlie father would haue vtterlie to be turned awaie from his children. Wherefore, if the beléeuer thinke that he shall abide stedfast in this kind of wedlocke, he vndoubtedlie séemeth to tempt God. Further, we learne by the example of Salomon (who at length made idols and churches for his outlandish wiues) what successe such matrimonies had. ²³³ And Iosaphat on this behalfe sinned gréeuouslie. ²³⁴ Achab also, though he were an euill prince, yet became he much woorse by reason of Iezabel. ²³⁵ Moreouer, what happened vnto the Israelites, when they shamefully kept companie with the daughters of Moab; in the booke of Numbers it is manifest. ²³⁶ Iacob and Rebecca tooke it in verie ill part, that Esau married strange wiues. ²³⁷ And Esdras, ²³⁸ after his returne out of Babylon, when he perceiued that the Israelites had coupled themselues with the Moabites, and with forreiners of a diuerse religion, he vndid those matrimonies: the which if they had béene stable by the lawe of God, it had not béene lawfull to haue seuered those persons.

Againe, Paule in the second epistle to the Corinthians, the sixt chapter, ²³⁹ when he writeth (Doo not ye beare the yoke with the vnbeleeuers) it may séeme, that he forbad this: and it is thought that he alluded it vnto the lawe of Moses, ²⁴⁰ which forbad that they should not till the ground with an oxe and an asse togither. For when a yoke is put vpon beasts, which be of diuers natures or forms, the worke goeth not well forward. Herewithall the apostle added; For what fellowship hath vnrighteousnesse with righteousnesse, or what partaking hath light with darknes? Some man will saie, that this place séemeth not to be extended vnto matrimonie; séeing Paule dooth there reprooue the Corinthians, bicause they persuaded themselues, that it was lawfull to kéepe companie with the Ethniks in outward things without committing of sinne. Therefore Paule would, that so much as is possible, they should seuer themselues from them: and he brought foorth a sentence, which is vniuersall, and not particular touching matrimonies. But if the sentence were generall, and that he pronounced the same of other affaires; how much rather shall it be of force in the contracting of marriages togither with them? ²⁴¹ Erasmus also in his annotations saith, that the same apostle dooeth not onelie forbid outward dealings togither, but marriage also. And vndoubtedlie reason persuadeth the same: bicause the propertie of marriage is to be a participation of heauenlie and humane things. For if this be attributed vnto fréendship, much more it shall be proper vnto matrimonie, séeing the same is a fréendship most néerelie knit.

36 ²⁴² Cyprian, who is brought foorth by Augustine in the places now cited, in his epistle De lapsis, dooth lament, that the church in those daies was troubled with that detestable vice; euen in like maner as it was about the time of Augustine, and Ierom; They prostitute (saith he) the members of God vnto the Gentils. ²⁴³ And Ierom, in his first booke against Iouinian writeth, that the Christian parents doo prostitute their members vnto the idols. And he further saith, that Christian women, which are so married, become the ribs of the diuell. ²⁴⁴ Yea and Ambrose in his 70. epistle to Vigilius, writeth verie largelie of this mater; where, besides the decrées of the old lawe, he bringeth two other arguments. First, that man and wife ought to receiue blessing vnder the veile of the priest. ²⁴⁵ But and if they shalbe of sundrie religions, how shall they be couered in the church of Christ vnder one veile? By those words we vnderstand, that it was then the maner to haue matrimonies solemnized in temples; and that the husband and wife were couered both with one veile by the minister: to the intent that they, which stood by, might sée they were ioined then togither. Which custome is verie much against secret matrimonie.

Possidonius, vpon the life of Augustine, writeth, that he did verie well like the counsell of Ambrose, who iudged; that If man and wife did consent togither in matrimonie, the minister of the church should be sent for, by whom the couenants of marriage should be established, and the matrimonie should be confirmed. And what the veile was, wherewith the new married folke should be couered, I haue nothing else to affirme, but that (as I thinke) it was an outward signe receiued from the Iewes, who also at this daie reteine the same. ²⁴⁶ And perhaps Ruth had a respect therevnto, when she desired of Boaz that he would couer hir with his cloke; to wit, that he would acknowledge hir for his lawfull wife. An other argument of Ambrose was, that man and wife ought otherwhile to praie togither. And peraduenture he meaneth those kind of praiers, which publikelie are vttered sometime in churches. But if man and wife doo not cleaue both vnto one God, how can they both praie togither? Naie rather, it will easilie happen, that when the one of them hath determined to praie, the other will be minded to feast & make chéere. The same father, in his booke of the Patriarch Abraham, the ninth chapter, warneth the faithfull, that they should diligentlie beware, least they bestowe their daughters vpon Iewes and infidels; or to take wiues among them. And his words are alledged in the decrées, 28. cause, question 1. in the chapter Non oportet.

And in the same question, Paraph Exijs, Ambrose is cited, who saieth; It is no marriage, which is doone without the decrée of GOD, and therefore must be amended, Gratian interpreteth those words, and saith, that It is not decréed, that there is no matrimonie at all among the infidels; but that the marriage betwéene them is not lawfull, séeing it is contracted contrarie to the commandement of God: that is, betwéen such persons, as God would not haue to be coupled togither; namelie, them which be of kindred one to another, within certeine degrées prohibited in the lawe; or else, when the one partie shall be an infidell. Further Ambrose commendeth the old Patriarchs, which sought out wiues of their owne stocke. Tertullian also, in his booke De corona militis, saith; We marrie not vnto Ethniks, least they should compell their wiues to idolatrie, whereat they beginne their marriages. And while he indeuoureth to prooue, that God hath forbidden those marriages, he bringeth the place of Paule in the first to the Corinthians, wherein he saith; ²⁴⁷ If she will marrie, let hir marrie in the Lord. Which saieng neuerthelesse of his, some doo vnderstand to be spoken generallie: as if the apostle had said; Let hir marrie religiouslie, obseruing godlinesse, in the feare of the Lord: as though by these few words he forbad not this kind of matrimonie. And it might be, that Augustine was of the same mind. But I thinke, that the spéech of the apostle, being pronounced generallie, is so to be vnderstood, as thereby marriages also with infidels be forbidden. For how can it be, that a faithfull person should be coupled religiouslie, and in the feare of the Lord, with the enimies of Christ? And certeinlie Tertullian, Ierom, and Ambrose, vnderstood that place after this sort.

Moreouer, Tertullian himselfe wrote vnto his wife, that such marriages cannot be allowed by anie of the holie scriptures. And he added, that therein were manie dangers, and also wounds of faith: dangers, lest the faithfull shuld fall into idolatrie; & wounds of faith, bicause, in so much as otherwise we be weake, we haue the more néed to be supported. But the other partie, being an infidell, will not helpe: and the faithfull partie shall be compelled manie times to heare that will displease him. Morouer, he speaketh more boldlie and fréelie, saieng; that such marriages make men guiltie of adulterie, and that we must not communicate with them in brotherlie fellowship. Wherefore it easilie appeareth, that they, which so had contracted matrimonie in those daies, were excommunicated. And whie they were guiltie of adulterie, he declareth on this wise: God by his lawe forbad such matrimonies; Therefore an infidell, which is giuen in matrimonie, is not fit for that marriage. Then, séeing they be no marriages, there shall be whooredome committed. A strange person is brought in, by whom the temple of God is defiled. Moreouer, this sinne is therefore made the more gréeuous, bicause it is not hard for christians to find out other matches.

Moreouer, he addeth, that if it be true, that Menander & the apostle declared; ²⁴⁸ that Naughtie talke corrupteth good maners: how much more will so vnméet matches make them naught? Vndoubtedlie, he that is a stranger from Christ, will speake no good of him. Besides this, the woorst of all is, to haue the seruant of the diuell so néere at hand. Verelie, the seruants of princes, which would be counted faithfull, can by no meanes abide to haue fellowship with their enimies, or with their enimies seruants. And it cannot be denied, but that they, which ioined themselues to such wiues, passed not to be among the enimies of Christ. Further, it is to be considered, that in those daies, the assemblies of the godlie were had in the night season. And therefore, how could that husband, which was an infidell, suffer his wife to be absent in the night? Againe, it is euident enough, that GOD is the maker of godlie marriages: but such [as those other be] are procured of naughtinesse, that is, by the diuell. Besides, Tertullian bringeth an example taken from things ciuill. For the lawe was verie ancient; that If anie woman kept vnlawfull companie with a bond-man, and being warned did not amend, she should at the length be made the handmaid of the maister of that bond-man, which shée shamefullie loued. ²⁴⁹ Neither did the Romane lawes suffer, that seruants shuld marrie without the consent of their lords. What account then shall we make of Christ, which is the true Lord of vs all?

Moreouer, if we come vnto strange women, we shall at length fall into the hands of their maister, which is the diuell. Indéed the reasons, which this writer maketh, be verie strong: the which neuerthelesse persuaded not the women of that time, especiallie the richer sort, bicause they were not willing to ioine themselues in matrimonie to poore christian men; but contrariwise, they sought after large houses, which might receiue their substance. Afterward he added a notable sentence, and saith; that Faithfull men must desire marriages of the church, that there may be one desire, one faith, hope, and discipline betwéene man and wife. The which when Christ séeth, he will reioise, and will send his peace among them. And contrariewise, without this, they shall neuer liue peaceablie. At the last, he concludeth with his owne iudgement, affirming, that such marriages are not lawfull. And he addeth; that Although they were lawfull, yet that they be not expedient. Certeinlie in other matters and proprieties, that sentence is verie greatlie regarded; Take thou thine equall. How much rather in matrimonie ought there to be a consent, as touching religion?

²⁵⁰ 37 There might be other of the fathers also brought; but passing ouer them, I affirme, that the Councels haue iudged the verie same thing. ²⁵¹For the Councell Agathense, not onelie forbiddeth marriages with infidels, but also inditeth them with heretiks. ²⁵² Also the Councell of Vrbin, as it is brought in the 28. cause, question the first, in the chapter Si Iudaicae, &c. hath ordeined the verie same. ²⁵³ In like maner hath the Councell of Laodicea, Canon the 10. and 21. But I maruell that many of the Canonists dare write, that the Pope can dispense with this lawe: bicause it is (as they terme it) positiue, that is, euill. Certeinlie they be deceiued: ²⁵⁴ for (as it is prooued) this is a diuine institution, neither is it lawfull for men to dispense with it, bicause God himselfe commanded it. Yet must we adde, that with Ethniks matrimonies are lawfull, so that they be conuerted vnto Christ, and to the worship of the true God. So I thinke, ²⁵⁵ that Moses married his Aethiopian wife, ²⁵⁶ and Iacob the daughter of Laban. But bicause there is mention made of matrimonie with heretiks, what shall we saie is to be doone at this daie, when as Papists are sometime ioined to the professors of the Gospell, and professors of the Gospell contract themselues with Papists? Hostiensis said, ²⁵⁷ that this ought not to be doone; but yet, that if such be ioined togither in matrimonie, they be man and wife, and the marriages of force.

Yea and Thomas, ²⁵⁸ in the fourth booke of the sentences, séemeth not to mislike this opinion. But these fellowes doo soone vtter what they thinke: yet they prooue not that, which they speake. While they thus affirme, they cast themselues into a verie great absurditie. For if that partie, which is an heretike, prouoke to heresie the faithfull and sincere partie: if the faithfull will not assent, nor yet dwell with the other partie; or if he will dwell togither, he dooth it not without perpetuall contumelie to Christ, what shall be doone? They answer; ²⁵⁹ If the matter come to that point, let them be separated; howbeit, from the bed, but not from the bond of matrimonie. And so they imagine a kind of diuorsement, vtterlie vnknowne vnto the holie scriptures. Wherefore I leane to the contrarie part, and am led by these reasons. In the historie of Kings, ²⁶⁰ and in the latter booke of Paralipomenon, the 18. chapter, Iehosaphat (otherwise a most commendable prince) is accused by the word of God; bicause he entered into affinitie with Achab, an idolatrous king. For he coupled Athalia the daughter of Achab vnto his sonne [Ioram:] wherevpon he was afterward sharpelie reprooued by Iehu the sonne of Ananie, as it appéereth there in the 19. chapter. ²⁶¹

38 Let vs consider moreouer, how great mischéefe followed thereof. ²⁶² Ioram the sonne of a ²⁶³ good father (namelie of Iosaphat ) casting aside the worshipping of the true God, did imitate the kings of Israel: Athalia his wife vrging him therevnto. Now let vs compare togither the Israelits and the Iewes, betwéene whom there is the same consideration to be had, that is betwéene the heretiks and the Christians. For the Israelits did professe the lawe of Moses, they had circumcision: neither were they by all meanes strange from the faith of the Iewes, and yet notwithstanding was the amitie, which the kings of Iuda had with them, reprooued; ²⁶⁴ and by the will of God their ships were broken, while they ioined togither in fréendship. What shall we then saie concerning heretiks? In the third to Titus it is written; ²⁶⁵ Shun thou an heretike, after the first and second admonition. Doost thou giue eare vnto the apostle, if thou marrie such a one? Such were the Israelits in times past, being compared with the Iewes; such are the Papists and Anabaptists; if thou compare them with the professors of the Gospell. Adde héerevnto, that in Iohn the fourth chapter, ²⁶⁶ it is written, that the Samaritans had no conuersation with the Iewes.

These reasons doo verie much mooue me: howbeit, I would that the matter should be so mitigated, as we might not be more carefull than reason would, about the easier sort of controuersies and disagréements. But let vs chéefelie examine, whether the parties, which are to be ioined in matrimonie, doo agrée togither in the chéefest points of religion; namelie, Whether they beléeue in one verie God, as touching the essence, and thrée persons togither in one substance; Whether they beléeue, that for our sinnes we haue néed of Christ to be an onlie mediatour; in whom be two perfect natures, diuine and humane, the properties of them being preserued; Whether they beléeue that we be iustified by faith without works; That there shalbe as well a resurrection, as a generall iudgement: and other things of like sort? Which I adde héerin, bicause it were an infinite thing to descend vnto more particularities. But admit, that when the marriage is made; the husband and the wife doo agrée in religion; what must afterward be doone, if the one of them shall fall into heresie? The Papists answer: They must be separated from the bed, as we said before, but not from the bond of matrimonie.

²⁶⁷ But Coelestinus iudged, that those matrimonies should vtterlie be vndoone, and a licence of new marriage granted them. Innocentius, which followed after, abolished this decrée: saieng; It may be, that they, coueting to be at libertie from the marriage which they mislike, would accuse their wiues as heretikes, or would faine themselues to be heretikes: as appéereth in the Extrauagants De diuortijs, in the chapter Quando te, &c. But I acknowledge no diuorse, but that which is frée, wherein libertie to marrie againe may be at the least wise granted to the partie offended. Neither doo the holie scriptures shew of anie other kind of diuorse. Howbeit I would answer Innocentius, that the one married partie must not be beléeued, that accuseth the other of heresie, vnlesse the mater be prooued by iust and lawfull examination. Moreouer, ²⁶⁸ I thinke it best, that such punishments be laid vpon heretiks, as none may lightlie be led to professe heresie. Wherfore we must determine, that the surest waie is, to take héed of such marriages at the beginning. And if it happen afterward, that there arise anie heresie of great importance among them, which is tried out by lawfull examination, let there be waies and meanes attempted, wherby the infected partie may repent. Which if it take no place, ²⁶⁹ and that the infected partie will not dwell with the faithfull: or else is not readie to doo this, without committing blasphemies and contumelies against Christ: they must be separated with a frée diuorse. Now remaineth, that we answer to the arguments, which séemed to make against our opinion.

39 First it was said; that God ment such matrimonies [of vnlike religion] onelie as touching the seuen nations of the land of Chanaan. ²⁷⁰ I answer, that the cause, ²⁷¹ which is afterward added, is generall; namelie: least men should turne from the true GOD, and from the right worshipping of him. But héere we will demand, that if turning vnto the true God had happened among them; whether it were lawfull for the Hebrues to contract with those nations? I thinke it had not béene lawfull, without some speciall dispensation of God; bicause God had wholie cast out those nations. And as for that, which was brought touching matrimonie licenced with a captiue woman, ²⁷² I first saie, that if a man will more narrowlie behold that lawe, he shall easilie perceiue, that such matrimonie was not allowed by God: the which neuerthelesse he granted to the Hebrues, by reason of their incredible follie. Which I héereby gather, bicause he willed, that the head of a strange captiue woman should be shauen: that if perhaps she pleased an Hebrue, by reason of hir beautifull haire, now being shauen, he might beginne to mislike of hir. He also ordeined that hir garments shuld be changed; bicause euen those (as often it commeth to passe) might procure that loue. He also commanded that they should let their nailes growe, to make them the more deformed. And he willed, that there should be a moorning for thirtie daies; that if she were loued before for hir mirth and amiablenesse, now she should lesse please for hir moorning and vnhandsomnesse. With these conditions GOD indeuoured to make a medicine for raging loue. Ouer this, there is added a great burthen, that if she began to be misliked, he ought not to haue hir for a bondslaue, or else sell hir to another: but he was commanded after a diuorse was made to let hir go frée. Those conditions being obserued, at the last he condescended, that she should be a wife: which must be vnderstood (although it be not expressed) that she should be first well instructed in religion, and should be conuerted vnto the true GOD.

But touching those examples brought of them, ²⁷³ which in old time married such women; I confesse, that some such were married, who neuerthelesse did first admit the true and sound religion. But I iudge, that Salomon had perhaps doone better, if he had refreined from the daughter of the Aegyptian; bicause I doo not thinke that Pharao was much better than Achab, with whom the matrimonie being made was reprooued by God. ²⁷⁴ And whereas it is written in the historie, that Salomon loued Iehoua; that I doo vnderstand was ment by the loue, which he had at the first, before he was yet corrupted. For afterward, when he was growne to old age, his hart, through strange women, was alienated from God. And as concerning Augustine, which said, that in the new testament there is no expresse commandement extant, whereby such kind of marriages are forbidden; ²⁷⁵ I set against him Tertullian, Ierom, and other fathers, who refer to this place the words of Paule to the Corinthians, the second epistle, and sixt chapter, which I alledged before. And that which he wrote in the former epistle (Let him marrie in the Lord) they refer vnto this place, ²⁷⁶ and shew, that they were spoken against this kind of matrimonie. And where it is alledged, that manie in old time did not absteine from the marriages, neither did thinke that they sinned thereby: that haue not we to doo with. For while Paule liued, there were manie, which had recourse to idolatrie, and thought not that they did ill therein; euen as manie thought that whooredome was not to be reckoned a fault: which neuerthelesse, the apostle dooth earnestlie reprooue, and sheweth it to be sinne.

And that, which to the Corinthians is decréed by the same apostle, ²⁷⁷ that The beleeuing husband may dwell with the vnbeleeuing wife, if he will, and be contented therewith: we answer, that we in this place doo reason of marriages to be made, and not of such as be alreadie made. So as the apostle saith there; He or she that hath an vnbeléeuing spouse. Whereby it appéereth, that he speaketh of matrimonie that was contracted before. But touching Salomon, whether he brake the lawe, which is in Deuteronomie, ²⁷⁸ of the not bringing in of nations into the church of the Iewes, either neuer, or else till manie generations were past: I saie, that that lawe must be more diligentlie weighed, and more narrowlie scand, what is, To enter into the church. ²⁷⁹ For (as I thinke) we must not beléeue, that a man being a proselyte, and conuerted vnto the true God, and circumcised, should wait so long after he were iustified, to be admitted vnto offering of sacrifices and common praiers. Wherefore it is verie likelie, that in the lawe was ment their infranchising into the citie, whereby they might be in possibilitie to execute offices, and to be in the state of marrieng wiues of the tribes of Israel. And so, as concerning this, Salomon shuld not be accused for breaking the lawe, séeing the same prouideth it for men and not for women. I thinke therefore, that matrimonies of this kind are not to be made, bicause they be rather snars than marriages.

Of Degrees forbidden to make contract in marriage.

40 This séemeth first to be agréed vpon, ²⁸⁰ that in the 18. and 20. chapters of Leuiticus, are not rehearsed all persons or degrées, in whom marriages are forbidden. For there is no mention made of grandmother: when as neuerthelesse all men will confesse it to be most shamefull, if anie man should take his grandmother to wife who is so far aboue him in yéeres. The wise also of the grandfather is not mentioned. And though the wife of the vncle, by the fathers side, be spoken of; yet is there nothing spoken concerning the wife of the vncle by the mothers side. Yea and (that we more maruell at) there is no prohibition for the father to marie his daughter: when as all men confesse, that those marriages be most incestuous. So as it is to be thought, that in that place are set foorth by the holie Ghost certeine degrées prohibited: and those not manie but yet such, that by them (as by certeine exquisite and manifest rules) we may iudge of the like. Wherefore we must thinke, that whatsoeuer is spoken as touching the mother, is also commanded as touching the grandfather, or grandmother: séeing that all these are reckoned to be parents. Those things also, which are spoken as touching the wife of the vncle by the fathers side, doo manifestlie shew what is to be doone as concerning the wife of the vncle by the mothers side: forsomuch as these affinities or degrées haue by the same space or distance, relation one to another. So that I am of this mind, that I thinke the prohibitions mentioned in the lawe, are therefore set foorth, that by them we might euidentlie vnderstand, what is méet to doo in the like degrées.

²⁸¹ I grant neuerthelesse, concerning Paulus Burgensis reason, that they much more breake the lawe, which doo contract matrimonies with persons forbidden: and that they also peruert the order of kindreds. For vnto me he séemeth to doo farre woorsse, which marrieth his grandmother, than he which marrieth his néece of his brothers side: although I thinke, that both these matrimonies are vnlawfull. What the Hebrues of our time doo, I passe not much; yea, I much doubt of that, which Paulus Burgensis assureth himselfe, as a thing plaine and manifest; namelie, that the Iewes at this daie are most diligent in obseruing of their outward lawes. For me thinketh I should doo well, in not giuing to them more dignitie or religion than to Christians. Wherefore, as it is manifest enough, that we haue for mens traditions, straied verie much from the right obseruation of the commandements of GOD, and also from the right knowledge of the scriptures: so is it also likelie that the same hath happened to the Iewes, especiallie in this our age. So as I am not iniurious against them, when I will not yéeld more vnto them, than vnto our selues.

²⁸² Neuerthelesse, I will not let to declare, that their Rabbins haue added to the degrées forbidden in the lawe, manie more as well in descending as ascending: which thing I vnderstand the great learned man Paulus Phagius hath declared in his annotations on Leuiticus. Neither can I be persuaded, that they were added by them for anie other cause; but onelie for that they thought that those degrées were comprehended in the degrées expressed by God. Wherfore that (as I thinke) will not be sufficient for iudging of lawfull marriages, if the degrée, wherein they are contracted, shall not by manifest and proper words in the lawe be forbidden, nor yet the order of kindred peruerted: for it may be, that the like degrée, and of the same distance, is forbidden by authoritie of the lawe. Neither dooth the scripture (so far as I can sée) alledge in anie place such a reason, as belongeth to the peruerting of order, although (as I haue said before) I will not vtterlie reiect the same.

41 Some man peraduenture will saie; What matter is it for vs of this age, either to knowe or to marke those precepts, which are conteined in the 18. and 20. chapters of Leuiticus; séeing that we, after the comming of Christ, are no more bound to the ciuill laws of the Iewes? I grant that the Christians are not bound to the ciuill precepts of the lawe: but yet I ascribe those precepts, which are there giuen for marriages, not to ciuill lawes, but rather to morall. And I thinke, that I may bring a reason out of the same place to confirme my saieng. For God when he gaue those lawes, added these words therevnto; ²⁸³ Take heed therefore that ye defile not your selues with whooredoms, and such incests, as the Gentils haue doone, whom I haue driuen out of those lands, which I haue now giuen vnto you: for seeing those nations haue beene polluted with so greeuous wicked acts, I haue therefore so destroied them, and will doo the like vnto you, except you shall diligentlie shunne those things, which I command you, as touching these euils. I thinke no man will doubt, but that the Chanaanits, which receiued not the lawe by Moses, neither were citizens of the publike weale of the Israelits, could not by that lawe be condemned; bicause they obeied not the lawes of the Hebrues. They were subiect onelie to the lawe, which is called morall. Séeing then God reproueth them for that cause, that they were so defiled with such filthie lusts and incests, and affirmeth, that for the same cause he depriued them both of their land and life: it is manifest, that these laws must be ioined, not to ciuill precepts, but to morall, which all men are bound to obserue.

Neuerthelesse, it séemeth at the first sight to be against this doctrine, ²⁸⁴ in that Abraham (a man otherwise most holie) is thought to haue married his brothers daughter; namelie, Sara. Amram had also Iochabed his aunt to wife, of whom he begat Moses, Aaron, and Marie. And it séemeth, ²⁸⁵ that so godlie and holie men would not haue doone this, if the morall lawe (as we haue said) had béene against it. To this we answer: first, ²⁸⁶ that the lawe of nature was much blotted by corruption and wickednesse, which ouerwhelmed all mankind soone after sinne: and for that cause they, which contracted such matrimonies, thought peraduenture that the same was lawfull. And therefore, although they cannot altogither be excused by that ignorance; yet it is to be thought that they committed lesse sinne than those, which durst doo such things, after the lawe was giuen. I adde moreouer, that among the facts of the fathers, certeine things are now and then spoken of, by which other men must not take example, séeing they are sometimes to be interpreted as prerogatiues, or certeine priuiledges giuen them. But how so euer it be, we must not (as I thinke) much labour to excuse the fathers in all things. Although I knowe there be, which saie, ²⁸⁷ that Sara was not the daughter of Abrahams brother, but of kin some other waie. And therefore she might be called his sister, after the ancient maner of speaking; as though she were of some kindred vnto him, but yet not so néere of kinne, but that they might marrie togither. And in like maner they saie of the kindred of Amram and Iochabed. Howbeit, I will omit these things, séeing the whole matter may be made plaine by these two kind of answers before alledged.

²⁸⁸ 42 It might also be demanded, that if the precepts of matrimonies be morall, and doo apperteine to the lawe of nature, why God would also establish them in his lawes? Bicause the light of nature was come to that point, that it was not sufficient. The brightnesse thereof was dailie more and more defaced in the harts of men. Which dooth manifestlie appéere, ²⁸⁹ not onelie in these, but also in the tenne commandements: where it is commanded, that men should absteine from theft and murther. And yet we read in the histories, that robbing on the sea, and also on the land preuailed in such sort, as they might séeme to be full of honour and dignitie. Plato, ²⁹⁰ in his first booke of lawes, thought, that concerning procreation of children, we should absteine from mothers, grandmothers, and the degrées aboue them; againe, from daughters, néeces, and degrées beneath them: but as for other persons he made frée. Ierom against Iouinian, in his second booke testifieth, that the Scots in his time had no certeine marriages: but accompanied with their women, as they lusted themselues, euen with such as came first to hand. He saith moreouer, that the Meds, Indians, Aethiopians, and Persians, confusedlie contracted matrimonies with their mothers, sisters, daughters, and néeces.

Which séemeth neuerthelesse to disagrée with that, which Herodotus writeth of the Persians. For Cambyses (as he testifieth) desired to marrie his sister, for the which he asked counsell of the lawiers and wise men: and demanded of them, whether that matrimonie were lawfull or no. To whom they answered, that they indéed had no lawe for the brother to marrie his sister: but yet they had another lawe among them, whereby it was lawfull for the king of the Persians to doo whatsoeuer himselfe lusted. Surelie they answered well in the first part of their answer, but in the latter part they most shamefullie flattered the tyrant. Howbeit, the things, which be written by this historiographer (though sometimes fabulous) and those that Ierom bringeth, varie not. For the common sort, being now corrupted with shamefull and wicked custome, contracted such matrimonies: howbeit, the wiser sort, in whom the lawe of nature did shine, perceiued that those matrimonies were not lawfull; although, being ouercome with couetousnesse, they would not forbeare them. Whom Paule to the Romans hath sharpelie reprooued, saieng; ²⁹¹ Which men, notwithstanding that they knowe the righteousnesse of God, they not onelie doo such things, but also they consent vnto those which doo them. And these matrimonies are knowne as it were in their owne nature to be so vnlawfull, as they, which heare relation made of such things, be striken with an excéeding great horror. Yea and they themselues, which haue committed such things in the heate of their lust, séeme to detest those whom they haue defiled.

The poets make mention of Cynara and Myrrha his daughter, ²⁹² with whom hir father perceiuing that he had vnwares kept vnlawfull companie, he so hated hir, that he persecuted hir, all that euer he might. ²⁹³ Amnon began so to hate his sister, whom he had dishonested, that he commanded hir to be violentlie thrust out of his sight. ²⁹⁴ Thou shalt also neuer in a maner find (if thou looke into histories) that incestuous marriages, or carnall copulations came to good end. Ptolome king of Aegypt tooke to wife, by fraud and guile, his sister Euridice. What ill successe came therof, the histories, and (speciallie Iustine ) haue plainlie set foorth. Antonius Caracalla, ²⁹⁵ who married his stepmother; and Nero, that committed abhomination with his mother, not onlie came to a most vnhappie end, but (according to their deserts) were woonderfullie hated of the people, and were openlie called monsters of mankind. Wherefore we grant, both that these commandements, which doo prohibit those sins, perteine to the lawe of nature; and also, that they were for iust cause renewed by God in his morall lawes.

43 It may also be plainelie enough declared by another reason, that incestuous marriages are forbidden by the light of nature; ²⁹⁶ séeing that they were earnestlie forbidden by the Romane lawes, which were counted among the most excellent and honest lawes: and those marriages were speciallie named, wherein anie man had married his néece by the brothers side. Although Claudius Caesar, when he would marrie his brothers daughter Agrippina, caused the first lawe to be abrogated; and to be decréed, that it might be lawfull for euerie man to haue his brothers daughter to wife: but there was none at Rome, except it were one or two, that would followe his example. But the first lawe, which was the best, was obserued among the Romans. Howbeit, we must vnderstand, that there were certeine persons prohibited by the laws of the Romans, whereof Gods laws made no mention; and yet their prohibition was not without reason. So as the citizens of Rome were bound to obserue them, although by the light of nature they could sée no cause why they should so doo. Which kind of lawes was woont to be called peculiar, bicause it séemeth to be a thing priuate vnto certeine persons. I will make the thing more plaine by examples.

The Romans (as may be séene in the Code) would not that matrimonies should be made betwéene the gardian & the pupill; ²⁹⁷ bicause they sawe it would easilie come to passe thereby, that the gardian, which had consumed the goods of his pupill, least he should be constrained after the time of his tutelship, to render an account of those goods, would sollicit the maiden to marriage: which being obteined, he should be frée from rendering an account of hir goods. Surelie the lawe was good, but yet it was not perfectlie obserued. ²⁹⁸ Cicero (otherwise a graue man) was ill reported of for the same cause: for being farre in other mens debt, when he had forsaken his wife Terentia, he married his pupill, of whose goods and affaires he had the charge as gardian. Also the Romans decréed, that no president of anie prouince should take to wife, either to himselfe, or to anie of his, anie woman within the same prouince, wherein he gouerned. For they knew right well, that it might so happen, that the Pretor, Proconsull, or President in a prouince, hauing affiance in the families and kinsfolkes comming to him by his wife, might conspire new matters, and at last alienate themselues fro~ the Common-weale. They also saw a great danger to hang therevpon, lest he should not be iust and seueare in giuing of iudgement; bicause he would gratifie his kinsfolks more than others. Lastlie, it should not be frée for them to haue marriages within the prouinces; bicause magistrates might in a maner compell them of the prouinces, to contract matrimonies either with themselues, or with their fréends.

²⁹⁹ We sée also this excellent lawe violated. For Felix, which gouerned Iurie vnder Nero, (as it is written in the 24. chapter of the Acts of the apostles) had Drusilla a Iew to wife. But what néed is it to rehearse, that these lawes of lesse weight were not obserued, when as that people had shaken off euen those lawes, which we called morall, and are knowne by the lawe of nature? Cicero declareth in his Oration for Cluentius, that Sassia, ³⁰⁰ a certeine wicked woman, was so inflamed with wicked lust, that she instigated hir sonne in lawe Aurius Melinus, ³⁰¹ (to whom she had before married hir daughter) to refuse his wife, that he might take hir to wife in stéed of hir daughter: which at the length she brought to passe. And whereas that déed was accounted full of dishonestie, yet was it not punished by the lawes. Neither doo we read that the matrimonie (which Cicero affirmeth was vnluckilie contracted without order or authoritie) was dissolued by the power and commandement of the magistrates. Wherefore, there is héere also offered a good reason, whie God would againe inculcate by a new lawe, those things, which by the light of nature were iudged to be honest: for the bounds, bars, & closures of nature were broken, by the impotent lust of men; and therefore they were to be made surer by another bond. For the Israelits were no more shamefast in kéeping of naturall honestie, than the Romans were.

44 Neither is this to be forgotten, that God had certeine proper things in his lawe, which may be called peculiar: séeing all men were not bound vnto them by the lawe of nature, but the Hebrues onelie. For he would not haue them to contract matrimonie with the Chanaanits, ³⁰² Ammorhites, Iebusits, for other people séeme not to haue béene bound to that lawe. Neither should we at this daie (if there were such nations still) be letted, but that we might ioine our selues in matrimonie with them. Although the cause of that lawe ought at this daie to be holden: which cause is, ³⁰³ that matrimonies should not be contracted with them that be of a contrarie religion; for we must beware, that the godlie be not ioined with the wicked. I knowe that Augustine, concerning vnlawfull mariages, writeth to Pollentius, in the second booke, and De sermone Domini in monte; that There is not a place in the new testament, wherein by expresse words, matrimonies with infidels are forbidden. But of this matter I will not write much at this present, séeing I haue largelie intreated thereof vpon the epistle to the Corinthians. This will I saie moreouer, that a good man, in contracting of matrimonies, ought to followe chéeflie that which is honest; & not lightlie to depart from commendable orders, & vsuall customs, which are not against the word of God. And if there happen peraduenture anie doubt, let him not thinke it much to aske his magistrate: otherwise he shall rashlie put foorth himselfe, his wife, and his children into danger.

For if he be married in anie of the degrées prohibited, he shall not be counted a husband, but a whooremonger; and his wife shall be called a harlot; and the children, in that marriage begotten, shall be taken for bastards. Howbeit, the magistrate, although he may not, concerning matrimonie, forbid certeine other contracts, besides those which God hath forbidden: yet can he not, neither ought he to remit anie of those, which God hath commanded, and which he hath forbidden by his lawe. Yea, he must most diligentlie take héed, that he burthen not the people too much, or without an earnest cause; as we sée that the Pope hath doone, who hath two waies sinned therein. First, ³⁰⁴ in that he durst vsurpe the office of making lawes in a Common wealth; which vndoubtedlie perteineth not vnto him. Secondlie, bicause in his lawes he followed not the word of God; but without reason forbad first all degrées, euen to the seuenth, which he perceiuing afterward not to be obserued, and that all things were full of confusion, he restrained his prohibitious to the fourth degrée. Wherein he is constant and obstinate, if there come no monie in: but if monie be offered (whereof he must haue much brought him to fill his gréedie desire) he dispenseth as pleaseth him, both with his owne lawes, and the word of God.

45 This also must be knowne, that God hath in his lawes another decrée, which we may call peculiar; bicause it should not extend to other nations: neither ought it to be in force at all times. ³⁰⁵ And that was, that when anie husband did die without children, the brother that remained aliue, ³⁰⁶ or some other next of kin, should marrie hir that was left: so that the first, which shuld be procreated of that marriage, should be counted the sonne of him that was dead, and as in the inheritance should fullie succéed him. For God would not in that Common-weale, that men should altogither be extinguished. And he prouided, that this diuision of lands should be kept as much as might be. And séeing the same is not vsed in our publike weales, neither that God hath commanded it; therefore it dooth nothing apperteine vnto vs. Wherefore we must kéepe our selues vnder the generall and common lawe; namelie, that no man presume to marrie the wife of his brother being dead, although he died without children.

And be it knowne vnto vs, that in the beginning, when onelie the familie of Adam liued on the earth, brethren were not forbidden, as they were afterward: for brethren were driuen of necessitie to marrie their sisters. Howbeit, afterward, when as men were increased in number, they began to be ashamed, and by the instinction of God, or nature, either to absteine from prohibited persons, or at the least-wise to knowe that such coniunctions were full of ignominie. But what time they began first to absteine, it appéereth not by the historie. The heathen poets perhaps shewed that necessitie of them in old time, which vrged the familie of the first parents to match the brother and sister togither, when they feine, that their gods had their sisters to wiues. ³⁰⁷ For the chéefe of them; namelie, Iupiter had Iuno, who in Virgil thus speaketh of hir selfe; But I, which walke the Queene of gods, both sister and wife to Ioue.

³⁰⁸ 46 And though the word of God, and the instinct of nature, should be sufficient of it selfe to make vs absteine from the foresaid coniunctions; ³⁰⁹ yet are there brought by diuers writers, causes fit enough to forbid the same. Augustine, in his 15. booke De ciuitate Dei, and 16. chapter, writeth; that That abstinence dooth verie much helpe to inlarge the bonds of humane societie. For if marriages should be concluded betwéen the parents of one familie, there would be no kindreds betwéene others. Furthermore, it is not conuenient, that one and the same man should susteine the persons of sundrie kindreds; to wit, that one man should both be the vncle and husband of anie one woman; and that one woman should both be the aunt and also the wife of anie one man. ³¹⁰ Which reason also Cicero made in his fift booke De finibus; ³¹¹ and Plutarch in his 108. probleme. And séeing both these men were Ethniks, they could not perceiue this, vnlesse they had béene illuminated with the light of nature. Also the third reason is added; bicause these persons, from whom we must absteine, doo for the most part dwell togither in one house. So if they should haue leaue to ioine in matrimonie togither, they would not so grauelie & modestlie be conuersant one with another, as domesticall ciuilitie requireth.

Plutarch, in the place now alledged, ³¹² hath shewed two other reasons, besides these, which wée haue brought. One is, ³¹³ that betwéene néere cousins, dissentions were to be feared: for they would soone complaine, that the right of kindred were taken awaie. Which saieng I thus vnderstand: If either she that were to be married, or he that would marrie, should ouerskip the néerer of kin, for to marrie one of further aliance: then that partie, which were néerer of kin, would take it to be an iniurie receiued; as if by ouerskipping, it had béene purposelie doone, to put the other partie to shame. Euen as it commeth to passe in making of wils, wherein they, which be the néerer of kin, neither may nor ought to be forgotten. And in the lawe, touching the raising of séed vnto the brother alreadie dead, the first place was to be granted vnto him that was néerest of kin; who, if he would not vse his owne right, was made ashamed: as that lawe more at large dooth declare. Wherefore, séeing that disorders betwéene all sorts are to be hated, then those betwéene kindreds must be detested. Also Plutarch bringeth another reason; namelie, ³¹⁴ that women be weake, and therefore haue néed of manie and sundrie vpholders. So that in marrieng with strangers, if they be afflicted by them as it commeth to passe, they haue all their owne kinsmen to be their patrones and defenders: but if they should be wiues vnto their owne kindred, and be ill intreated of them, they should haue a verie few to defend their cause; sith other kinsfolke would not be verie readie for their sakes, to fall at controuersie with their owne kin: which would not gréeue them to doo against strangers.

47 But séeing now I am in hand with Plutarch, I remember that, which he hath written in the sixt probleme: and I thinke it not vnprofitable to rehearse the same, séeing it appéereth to be against that, ³¹⁵ which Augustine hath in his 15. booke De ciuitate Dei, and 16. chapter, touching the marriage of cousins germane. For he affirmeth there, ³¹⁶ that the same was lawfull before his time; although such kind of matrimonies séemed verie rare, bicause men did in a maner forbeare to contract with persons so néere of bloud. But he saith, that afterward that libertie was taken awaie. Which in verie déed I cannot perceiue in the Romane lawes, which were publikelie receiued and allowed: and yet neuerthelesse, those lawes were in force through out Aphrica. So as it may séeme obscure to some, of which lawes Augustine speaketh: vnto whom he saith, that matrimonies of this kind were forbidden in his time. But it must be vnderstood, that when Augustine liued, the lawe of Theodosius the elder was in force, who first among the Caesars (so far as I know) forbad this sort of matrimonie. ³¹⁷ Which also Aurelius Victor, and Paulus Diaconus doo testifie. And the same we find at this daie in the Code of Theodosius, concerning incestuous marriages, the sentence as touching these persons remaining in these words; He that shall violate himselfe with the marriage of his cousine germane, either of his sisters or brothers daughter, or of his wiues daughter; lastlie, of anie the marriages of whom is forbidden and condemned.

Howbeit, at this daie the lawe is not extant in the Digests, nor in the Code, nor yet in the Authentiks. Which neuerthelesse king Clotherius followed, as it is read in the Almane lawes, in the title De illicitis nuptijs: yea and it is confirmed by the ecclesiasticall Canons and Decrées, by Gratian 35. question 2. and 3: out of the Agathen Councell, the 61. Canon. And Gregorie the first, in that place, is found to be of the verie same opinion: in the chapter Quaedam lex Romana, &c. ³¹⁸ These things he answereth vnto the sixt interrogatiue of Augustine the bishop of Canturburie. And he affirmeth, that they which ioine togither in the degrée of cousins germane, ought to refraine from contracting of matrimonie betwéene themselues. And Ambrose also long before Gregorie, in his 66. epistle to Paternus, condemned marriage betwéene brothers and sisters children; and witnesseth, that the same was forbidden by Theodosius lawe: which I also haue alreadie alledged. And if it be lawfull to vse coniecture, I thinke that Theodosius did it at the request of Ambrose, who had a maruellous respect to publike honestie. Yet neuerthelesse was not that lawe so seuere in those daies, but that the same might sometime be dispensed with; as the epistle to Paternus dooth shew. And in that Ambrose affirmeth there, that such kind of marriage was forbidden by the lawe of GOD; it cannot be prooued vnto anie, which throughlie consider the words of the lawe, and the acts of the fathers.

How the Romans ordered themselues in ancient time, as touching the marriage of cousins germane, this I haue obserued. In the second booke, & fift Decade of Liuie: Ligustinus saith, that his father gaue him to wife his vncles daughter. Cicero also, in an oration for Cluentius, writeth, that Cluentia was lawfullie married to M. Aurius hir cousine germane. And M. Antonius the philosopher married Faustine his cousine germane; as Iulius Capitolinus writeth. And before the building of Rome, there is mention made of the marriage betwéene Turnus and Lauinia, who descended of two sisters. Yet Plutarch, in the place before cited, saieth, that in the former times at Rome it was prouided by lawe, that they which were néere of kin should not be ioined in marriage: but that the same lawe was afterward released vpon this occasion. For a certeine man, which both was honest, and of good reputation among the people of Rome, being verie much pressed with penurie, maried a cousine germane of his, which was verie rich and wealthie: for which cause he was accused of incest. But his cause being heard, he (by the iudgement of the people of Rome ) was absolued. For fauour bare a great stroke in the citie. By meanes whereof, there was a lawe made by the people, that from thence forward it should be lawfull for cousine germans to marrie. These things I thought good to declare of this kind of marriage, both out of the laws of God, out of the laws of the Romans both ancient and later, and also out of the fathers & ecclesiasticall Canons.

Wherevnto I will adde, that there be manie cities acknowledging the Gospell, which doo not allow the marriage of brothers and sisters children; namelie, Zuricke, Berna, Basil, Schaphusium, Sangal, Bienna, &c. Also in the kingdome of England (where I was) there this degrée was excluded from marriage. So as in places, where the magistrate dooth forbid these marriages, the faithfull sort must forbeare them; for those reasons, which I haue before declared. But Othniel, if he were the cousine germane to Achsa, he might marrie hir by the lawe of God: but if he were hir vncle, he might not doo it by the common lawe; howbeit, he married hir. Wherefore one of these two things we must saie; either that there was a fault in him (for the fathers, as we haue alreadie said, were not alwaies frée from sinne) or else, that God, by a certeine priuiledge or prerogatiue, would haue these things to be doone: which neuerthelesse must not be challenged for an example. Neither must we forget, that by a custome verie vsuall in the scriptures, ³¹⁹ they which by anie meanes were ioined in bloud were called brethren. Euen as Lot is called the brother of Abraham; and the kinsmen of Iesu Christ the sonne of God, in the euangelicall historie, be called his brethren. So likewise in this place it may be, that Othoniel is called the brother of Caleb, when he was onelie ioined vnto him by some néere kindred. And this exposition the interpretors, for the most part, doo vse: the which I would not mislike, vnlesse I sawe added in the text this particle (The yoonger) which is not accustomed to be added, but when brethren or sisters are in verie déed compared togither.