VVhether anie dispensation may be made in degrees of kindred prohibited by God.

³²⁰ 48 Now let vs declare, whether anie dispensing may be in the degrées forbidden by the law of God. For at this daie, those which would be counted christians, being matched in the degrées forbidden, doo saie; Let vs go to the Pope, let vs talke with him, he will dispense with vs, so we reward him with monie. Neither doo the common sort onelie saie this, but our maisters, which be the Schoole-diuines, ³²¹ in the fourth booke of sentences, the 34. distinction, concerning matrimonie write, that the Pope can dispense. And they indeuour to prooue that this he may doo. For they saie, that those precepts, which be in the 18. and 20. chapter of Leuiticus, ³²² touching degrées forbidden, partlie be morall, and partlie iudiciall. The morall and naturall are, that the father may not marrie his daughter, nor the sonne his mother. Here they saie is such an indecencie, as by no meanes it can be taken awaie; but that it should be a perpetuall impediment. For they saie, that the father and the daughter, the mother and hir sonne be one flesh. Notwithstanding, in matrimonie it behooueth, that one flesh become another than it was: howbeit, those are not seuered.

But if the reason were firme, Adam might not haue married Eue: she was his flesh, for he saith; ³²³ This is now flesh of my flesh. They answer, that Eue was the flesh of Adam; not by waie of nature, but by miracle; sith God so framed Adams rib, as it was made a woman. Howbeit, when kindred is defined, we haue no recourse to miracles: but it is said to be a bond of those persons, which be deriued from one beginning by procreation; so Eue might not be called a kinswoman of Adam. Wherefore they saie, that in those precepts, which be in Leuiticus, the indecencie betwéene father and daughter, mother and sonne, is naturall, morall, and perpetuall: and that the rest of the degrées doo apperteine to the iudiciall lawes. Some indecencie they would haue to be there, but yet not so much as hath béene alwaies forbidden. ³²⁴ For brethren & sisters did at the first time marrie one to another: yea and the sister of the brother departed, was married in the lawe, ³²⁵ for the raising vp of séed. Iacob had two sisters in wedlocke; Amram had his aunt; Abraham had Sara, ³²⁶ whom he called sister. Wherefore (saie they) these degrées; namelie, the father and the daughter, the mother and the sonne, are after a sort perpetuallie forbidden by the lawe of nature, and by the morall lawe: but other persons, which be forbidden by God, were kept backe from marriages; howbeit, that was by the iudiciall lawes.

But those lawes endured so long, as the ciuill regiment of the Iewes continued: which being decaied, we are not tied to those lawes anie further, than the church hath allowed of them; so as vnto vs they be lawes of the church, and not morall lawes: neither are they laid vpon vs by the lawes of God, but by the lawes ecclesiasticall and positiue. And whereas they make the Pope to be president ouer the whole church, they saie it is in his power, for certeine iust causes, to release these impediments. They so flatter the Pope, that Caietane Secunda secundae Thomae, question 154. article the ninth, saith, that the Pope dooth for iust causes dispense in all those degrées (except for marriage betwéene the father and the daughter, and betwéene the mother and hir sonne;) not by a common lawe alreadie ordeined, but by the Popes licence. This he assigneth to be the cause, for that they be iudicials. Experience teacheth, ³²⁷ that these things haue sometimes happened. Emanuel the king of Portugall married two sisters, Catharine Quéene of England two brethren, ³²⁸ Ferdinandus the king of Naples married his aunt: Pope Alexander the sixt allowing the same. I haue read, ³²⁹ that Martin the fift gaue licence to marrie with a naturall sister: whereof manie of the Canonists saie, that it is to be doubted, whether it were lawfull or no. This licence is horrible. Ye sée how great matters these men challenge vnto themselues.

I am of another mind: and those things, which be conteined in Leuiticus, touching degrées forbidden, I estéeme them to be morall. Such marriages séeme rather beastlie than humane. ³³⁰ And that the same [prohibition of degrées] is rather naturall and morall, I prooue by the verie words of those lawes. When GOD made those lawes, he spake on this wise; Obserue ye these things, ³³¹ and defile not your selues with these abhominations, as the Chanaanites, which were before you, and I did cast them out. If ye shall imitate them, and shall defile your selues, the earth also shall cast you out. Thus I reason; The Chanaanites were not the people of Israel, God did not giue lawes vnto them by Moses, yet were they punished for such kind of marriages; wherefore they were bound to these precepts. If they were bound, they were bound by the light of nature; and the precepts did also perteine to other nations. A nature being well instituted, might perceiue that shamefulnesse. The Lord said, that he for that cause hated the Chanaanits. So then it should not be conuenient for vs, that those precepts were but of small value, perishing togither with the ciuill administration of the people of Israell.

³³² What doo they speake of the children of Adam? Our cause and theirs is not all one. Their cause stood vpon great necessitie. Moreouer, God dispensed, saieng; Increase and multiplie, and fill the earth. And God can dispense when he will. It was not his pleasure to bring foorth other women. That this should be doone without such a necessitie as that was, we haue not a word to shew it. ³³³ In that it was once doone, men must not imitate the same. True it is, that Iacob married two sisters: but publike honestie was after a sort defaced in Mesopotamia, and elsewhere. Neither were all things well doone, which the fathers did: vnlesse we can saie; that the spirit of GOD would this to be doone peculiarlie. We speake of the common lawe, and vsuall course. Iacob had two sisters against his will: his will was to haue had but onelie one: but through the wiles of Laban, the one was put to him against his will, and the other died by the waie, before he entred into the holie land. The Hebrues saie, that God would not that so great wickednesse should be in the land of promise.

³³⁴ Against that example we alledge the lawe of God. We must not liue by examples, but by lawes. There were such things in other nations also, but not to be allowed therfore. Eusebius Caesariensis, in Praeparatione euangelica, writeth, that the Persians had marriages betwéene the father and the daughter, and betwéene the mother and the sonne. Berosus writeth, that giants before the floud did not refraine from such marriages. Caracalla said to his stepmother; If it were lawfull. The vnchast woman answered; If it like thée it is lawfull; An Emperour giueth lawes, he taketh none. Among the Atheniens it was lawfull to marrie sisters. These things be shamfull. Against those shamfull things, let vs oppose the good lawes of the Romans. As touching this matter we sée things verie repugnant in the Popes licences. By a common and forbidden lawe, they abridge the libertie of marriage, and forbid more degrees than God did appoint. For once they forbad the seuenth degrée, within a while the fourth degree; afterward they so licence at their owne pleasure, as they except onlie the first degree. So will I, so doo I command, Let will for reason stand.

I denie not, but that in these contracts, the incest is greater in one degrée than in an other: but what things soeuer God hath forbidden, be vnhonest. If they saie that they doo this by a fulnesse of power: ³³⁵ let them saie (saith Baldus ) by a fulnesse of tempest, wherewith the church is troubled and corrupted. Doo not thinke that anie man (God I will except) can giue licence, that the brother should marrie his sister.

Of Dowries; In the Commentaries vpon Iudges, the first chapter, and the 14. verse.

49 But whether husbands receiued dowries of their wiues, before the lawe, it is vncerteine. ³³⁶ The seruant of Abraham rather gaue gifts vnto Rebecca, than receiued; for so much as he brought with him golden and siluer vessels, in the name of Abraham and Isaac, which were to be giuen to the spouse. But there is no mention made of the maidens dowrie. Also Iacob serued for his wiues, so farre was he from receiuing anie thing of them in the name of a dowrie. Sichem also, the sonne of Hemor, inordinatelie louing Dina the daughter of Iacob, with whom he had committed fornication, said vnto the sonnes of Iacob; Increase hir dowrie as ye list, I will refuse no condition, so I may haue your sister to be my wife. Howbeit, I cannot tell how the custome of the ancient fathers, in not taking but giuing dowries to wiues, which they should marrie, ought to be commended: yet I thought good to recite those things, which I haue read héereof by the waie. And to begin with Megadorus in Plautus Comedie Aulularia, when he should take to wife the daughter of a poore man, being also without dowrie, commended his counsell by those words; If (saith he) other men would doo after my example, the citie would then be in better concord, and enuie shuld not be so rife among vs as it is. They (namelie the wiues) will feare vs the more, and we shall kéepe them with much lesse cost, &c.

When I consider these things, they séeme to be verie wiselie spoken. For now and then it happeneth, that one citie is after a sort diuided into two parts; when as the daughters of poore men are without hope to marrie with them that be of the richer sort, either for the slendernesse of their dowrie, or else bicause they haue no dowrie at all: for they atteine not thereto, except it be by chance, or else verie sildome. Wherefore the richer and mightier sort are much enuied, and gréeuouslie hated of the poorer. Besides this, wiues, which haue good dowries, stand in the lesse awe of their husbands: yea rather, they despise and set nought by them, counting them as vnwoorthie to be matched with them. Lastlie, their decking and lusts cannot be satisfied, but with extreme charges. ³³⁷ Plutarch in his Apophthegs of Lycurgus, when he was asked wherefore he had commanded that virgins should marrie without dowrie, answered; To the intent that some should not be left vnmarried for pouertie sake, or other some should be ouer-much desired or wooed for their wealth; but that euerie man diligentlie considering the maidens conditions, might choose him a wife for vertue sake. He sheweth also, in the thirtie probleme, that the bride brought to the bridegroomes house onelie a distaffe and a spindle. ³³⁸ The Decemuiri of Rome decréed also, by the lawes of Solon, that a woman should be without a dowrie, and should bring from hir fathers house onelie thrée garments, and also certeine vessels of small price; bicause they would declare, that the fellowship of marriage is not confirmed by riches, but through the loue of children.

Certeinlie these things doo verie well agrée with that, which is written by Paulus and Vlpianus, in the Pandects, as concerning the frée gift betwéene the husband and wife. ³³⁹ It is written also of the Aegyptians, that if they receiued dowrie of their wiues, they should then be counted as their wiues bond-men. Which custome did sufficientlie teach, that it séemeth both infamous and vnprofitable to séeke a dowrie of our wiues; when as nothing is more noble than libertie. And nature hath ordeined, that the husband should rule the wife. ³⁴⁰ And it is written, that the Spaniards had a custome, that the wiues should bring to their husbands a distaffe woond with flar, in stéed of a dowrie. I might reherse a great manie besides, to signifie, that all the men in old time allowed not, that husbands should haue dowries giuen them, when they married their wiues. But in verie déed the lawes of GOD make mention verie often of dowrie. And yet I am assured, that the same was some-where vsed before the lawe. In Exodus, he which had defiled a virgine, was bound to marrie hir, so that hir father were content; but if he would not marrie hir, then he was forced to giue hir a dowrie, euen as the lawe appointeth the dowrie of virgins to be. Moreouer, in the first booke of Kings, the ninth chapter; Pharao gaue for a dowrie vnto Salomon, who had married his daughter, the citie Gazar, which he had taken from the Chanaanites. Beside this, the Romane lawes, which otherwise be most indifferent of all other, doo make verie much mention of dowries; and haue manie whole titles, wherein this matter onelie is treated.

³⁴¹ 50 But séeing we are now come thus far, it séemeth méete to define a dowrie, that thereby we may the easilier knowe, how much must be attributed thereto by godlie men, in the contracting of matrimonies. A dowrie is a right to vse things, which are giuen to the husband by his wife; or by others in hir name, to susteine the burthens of matrimonie. And although a dowrie be properlie said a right of vsing; yet notwithstanding, those things, which are giuen vnto the man, are oftentimes called by this name dowrie. Howbeit, the end is chéeflie to be noted in this definition; namelie, to susteine the burthens of matrimonie. It séemeth also, that séeing the husband bestoweth verie much in nourishing of his wife, and in the honest maintenance of hir, iustice and equitie would, that somwhat in like maner be yéelded vnto him. Then, séeing a dowrie hath this foundation of iustice, there is no doubt, but that it is a thing lawfull. Neuerthelesse, therein is an error not to be suffered; bicause some are not ashamed to saie, that by a dowrie, concord betwéene man and wife is easilie obteined. This, ³⁴² both reason and experience teacheth to be most false. Who is ignorant, that that kind of fréendship (which hath respect onelie vnto profit, and which is grounded onelie vpon pleasure) is verie fraile and transitorie?

Moreouer, experience teacheth, that mariages which be so contracted, as there is no other consideration had therein, but onlie the wiues beautie and hir dowrie, haue verie ill successe. Wherfore these are reprooued by the common prouerbe; Qui vxores oculis & digitis ducunt, Such as marrie wiues with their eies and fingers, that is, which are mooued onelie with beautie and monie. ³⁴³ So then it behooueth iust lawes not altogither to take dowries awaie, but rather streictlie to prouide, that they be not ouer-much increased, nor doone without right or reason. And for this cause the Romane lawes commanded those dowries to be cut off, which were greater than the abilitie of the giuer might beare: as we read in the Digests De iure dotium. And contrariewise, we must take héed, that neither parents nor tutors, being ouercome with couetousnesse, giue lesse than honestie requireth: as it is written in the title De dote inofficiosa. And bicause dowries be giuen, to susteine the charges of matrimonie; those cannot be excused, which hauing receiued them of their wiues, afterward dare vse their wiues miserablie. Besides that, they be vniust, bicause they violate the lawe of God, whereby they ought to loue their wiues as themselues, and as their owne proper bodie; when as they will not conuenientlie helpe them with their owne goods.

Yea there be some, which if they were not lett by publike lawes, would consume, sell, and vtterlie alienate their wiues dowries. And that this might not be, the lawes, especiallie of the Romans, haue carefullie prouided. For they decrée, that the state or title of the dowrie should remaine with the wiues, although the husbands had the fruit and vse thereof, so long as the marriage should last. But what (I praie you) shall we saie of them, which suffer so gréeuous and intollerable burdens of matrimonie to be dailie augmented, while they too much flatter and cocker their wiues? Surelie they sinne verie gréeuouslie: forsomuch as now, neither their owne patrimonie, neither their wiues dowries can be sufficient; bicause they excéed so much in sumptuous attire. Certeinlie, among godlie husbands and good wiues, all things ought to be vsed with moderation and temperance. But wherefore (thinke we) haue the lawes ordeined so manie things, and by so manie waies concerning dowries? Euen bicause they would kéepe the citizens without hurt or damage, when as they marrie and are ioined togither in matrimonie. ³⁴⁴ For it is expedient for the weale publike that if the husband die, the dowrie should remain whole vnto the wife; wherewith if she will, she may marrie againe: or if the wife die first, that the dowrie should serue to nourish, apparell, and bring vp the children, which are begotten in matrimonie.

51 Notwithstanding, thou wilt demand; Whie are dowries said to be giuen vnder this title, of susteining the burdens of matrimonie? Euen least the same dowrie should be counted a price: ³⁴⁵ as though wiues and marriages were things to be sold. For the which cause, in the Digests, gifts betwéene husband and wife are prohibited; to wit, that in matrimonies & contracts, gifts betwéene man & wife be neither giuen nor receiued. Furthermore, when as diuorsements were giuen in manie places by that ciuill lawe, if gifts betwéene man and wife had béene lawfull, marriages would verie easilie haue béene dissolued. Séeing if one of the married parties would not giue vnto the other, so much as he demanded; that partie should foorthwith haue béene refused. The men in déed might giue certeine gifts vnto their wiues, ³⁴⁶ before the marriages, which were called iointures, as some certeiye recompensings of the dowrie. Yet neuerthelesse, when they were once married togither, the Romane lawes permitted not, that they should giue gifts one to an other.

³⁴⁷ Whereof Plutarch also hath made mention; out of whom neuerthelesse is brought an other reason than that, which I declared to be taken of the verie laws. These be the words, in the 35. and 36. precept of matrimonie: Certeine bodies are said to consist of seuered things, as an armie, and a nauie; other bodies, of things ioined togither, as a house and a ship; and other some are vnited and compact togither, as all liuing creatures are. Wherefore matrimonie, which consisteth of liuing creatures, is vnited and compact: but the matrimonie, which is made either for dowrie sake, or for children, belongeth to bodies ioined togither. And that which consisteth for pleasure or carnall copulation, thou maist number among the seuered bodies: for there man and wife may be said to dwell togither, but not to liue togither. And as in liuing creatures, the temperatures of humors runne through all parts: so marriage must mingle bodies, monie, friends and kinsfolke togither. And the maker of the Romane lawes forbad persons coupled in matrimonie, to take or to giue gifts one to an other: not to the intent they should not be partakers of anie one thing; but that they should thinke all things to be common.

Howbeit, these things are to be vnderstood of frée gifts, and not of dowries: ³⁴⁸ which otherwise were both lawfull and much vsed in the Romane publike wele. For the daughters of Scipio, Curius, and Cincinnatus had dowries out of the treasurie; bicause of the pouertie of their parents, to the intent they should not be married without dowries. ³⁴⁹ Yea and the generall Councell of Arls, as it is rehearsed in the thirtie question, the fift chapter Nullum sine, decréed, that no matrimonie should be contracted without a dowrie. Let the dowrie (saith it) be according to the abilitie, neither let anie woman presume to take a husband, or anie husband a wife, without publike marriage. This canon I willinglie allow, in that it condemneth secret marriages: but where it decréeth, that marriages cannot be contracted without a dowrie, séeing that is not confirmed by the testimonie of Gods word, I cannot admit. For there are and haue béene verie manie, which haue married wiues altogither without dowrie; yea and these men of so great honestie and authoritie (as it should séeme) a rash part to condemne their dooing, séeing the holie scriptures are not against it. Neither doo I iudge, that matrimonie should by anie meanes be denied to those women, which are without a dowrie, if marriage be necessarie for them.

Moreouer, Paule testifieth, ³⁵⁰ that matrimonie dooth shadowe the coniunction that Christ hath with his church. Wherfore, if the truth of the matter be well considered, the church had nothing to offer vnto Christ in the name of a dowrie: naie rather (as Ezechiel teacheth) the same was found wrapped in bloud and mire. ³⁵¹ Also the fathers in the old testament séeme sometimes to haue had wiues without dowries. So then it séemeth méet to be decréed, that men may, and that it is lawfull to receiue dowries, when they are giuen, and that the same custome is honest, so that a iust measure be not excéeded, and that he which marrieth, be not allured therevnto through the name of the dowrie, as being the principall cause. The maners and godlinesse of the wife ought chéeflie to be regarded. Neither ought anie man foorthwith to persuade himselfe; If I shall marrie a wife without a dowrie, I shall therefore haue hir the better, and the more at quiet, ³⁵² sith (as Ierom declareth in his first booke against Iouinian) Cato Censorius had Actoria Paula to wife, ³⁵³ borne of a base kindred, who was poore also and without a dowrie; and yet neuerthelesse she was a droonkard, impotent, and behaued hir selfe proudlie toward Cato.

Of Diuorsements, and putting awaie of wiues.

³⁵⁴ 52 Vnto the Hebrues and Ethniks it was but a light matter to put away their wiues, and it was lawfull vpon euerie occasion: but vnto the Christians it ought not so to be. This hath Christ declared in the 5. and 19. of Matthew. ³⁵⁵ There (when he saith) Moses gaue you a bill of diuorsement ) it ought not so to be vnderstood, as though Moses did this of himselfe, without the commandement of God: for he was most faithfull, ³⁵⁶ as GOD beareth record of him. And that which is decréed in the lawe, ³⁵⁷ touching diuorsement, afterward is commanded in Malachie; to wit, ³⁵⁸ If thou hate thy wife, put hir awale. For the Lord would not, that hatred and enimitie should be reteined in so néere fréendship. Wherfore, ³⁵⁹ in the new testament, Christ calleth vs home vnto the first institution. For insomuch as now, the spirit is more plentifull, and grace more abundant; men ought to vse greater patience and charitie towards their wiues, and not so to deale against them, as they should reiect them for euerie cause. In like maner there is required of the wiues a greater obedience and modestie.

53 Here thou wilt saie vnto me; What if thou shalt find at this daie, among Christians, such as be so hard-harted, and so obstinate in reteining of hatred and enimitie in wedlocke, as they be not onelie equall to the Iewes, but also go beyond them therein? Séeing then the disease is all one, why is not the same remedie left? Vnto whom we answer, that they, which be of such sort, be strangers from Christ: wherfore we commit them to the Common-weale, to determine of them as it shall séeme most expedient. For when they cannot be amended by the church, let vs count them for Ethniks and Publicans: let vs deale with them by the ciuill lawes. ³⁶⁰ We haue it plainelie enough declared by the word of Christ, that a diuorse ought not to be doone, vnlesse it be for the cause of adulterie. The which exception, if it be intermitted by Paule, it is no maruell: for when Paule saith; that he speketh not these things, but the Lord, he sendeth vs to the Lords owne words: neither dooth he plucke anie thing awaie from his commandement. And when he saith, that he commandeth not, but the Lord; he maketh not those things of small force, which he taught before, when they are not read to be [expresselie] spoken of Christ, sith euen those things are of the Lord: for he saith; And I thinke, that I also haue the spirit of God. ³⁶¹

But he therefore speaketh of the commandement of Christ to mitigate the sharpenesse of his spéech; for it séemeth intollerable to the flesh, that matrimonie cannot be dissolued. It is euen as much, as if Paule had said; I set not before you strange or new things, and such as haue not béene heard of before my time; this the Lord hath commanded. Else, both this and those things, which the apostle wrote before, are firme, and full of authoritie. But this is the difference, that these things the Lord spake by his owne selfe, and repeateth them by Paule; but those other he would to be vttered by the apostle onelie. And touching his sentence, that matrimonie should not be dissolued, ³⁶² Christ allowed it by a testimonie out of the booke of Genesis, where it is said; For this cause a man shall leaue his father and mother, and shall cleaue vnto his wife. Two néere fréendships are laid togither in these words; the one is betwéene parents and their children; the other betwéene the husband and the wife. And séeing the bond of the father, or of the children is such, as it cannot be sundered and shaken off by anie meanes, much lesse this bond betwéene man and wife. And as the bond of amitie betwéene the child and the parents endureth perpetuallie, so dooth the coniunction betwéene the husband and the wife. This is Christs interpretation of that place, and the reason that he bringeth thereof: but yet he will haue the cause of adulterie to be excepted. And Paule (by whom Christ speaketh) excepteth another thing; namelie, if one of the married persons, in that he is an infidell, will not dwell with the other being faithfull, as it shall be declared in place conuenient.

54 But as touching the cause of adulterie, ³⁶³ which Christ excepted, some doubt whether that be the onelie cause; and they are bold to saie, that Christs meaning was to comprehend therin all other wickednesse, which is either equall, or more heinous than adulterie: and they saie, that the maner of the holie scriptures is, that in one cause rehearsed, they include others like vnto it. Euen as we read in Deuteronomie, ³⁶⁴ of man-slaughter, which is committed by chance, and against a mans will: where one onelie reason is described; namelie, when the hatchet flieth off the helme. But what? Shall we not iudge the verie same, if in building or carrieng of anie thing, one man shall kill an other vnwillinglie? Euen so (saie they) there are presentlie manie faults equall, and perhaps more gréeuous than adulterie: so as they iudge, that those offenses doo also make a cause of diuorsement. ³⁶⁵ Which meaning perhaps caused manie emperours, otherwise godlie and studious of Christianitis, to expresse manie crimes in their lawes, for the which it should be lawfull to make a diuorse; bicause they iudged them to be no lesse than adulterie. And that other causes also, besides the crime of adulterie, are to be admitted; héereby it may appéere, ³⁶⁶ for that Paule added, as touching the vnfaithfull spouse, which will not dwell with the other being faithfull: which case Christ spake not of. ³⁶⁷ Yea, and at this daie, if a coldnesse (as they terme it) or other like impediment be perceiued in the parties, which be alreadie married, a iust diuorse is permitted. And yet neuertheles Christ excepted onelie the cause of adulterie.

Yea, and if we will throughlie consider what licence the bishops of Rome haue giuen to themselues héerein, we shall perceiue, that they haue openlie arrogated vnto themselues the power to dissolue matrimonie alreadie contracted; so that there followed not copulation (as they call it.) Yea moreouer it is reported, that there hath béene a Popes dispensation séene, which hath taken awaie matrimonie; not onelie contracted, but (as they saie) finished. ³⁶⁸ And Pope Zacharie, (as it is written in the fourth booke of sentences) when a certeine man had committed adulterie with his wiues sister, wrote thus vnto him; Séeing thou hast committed this horrible act, thou shalt haue neither of them to wife; both thou and she, whom thou hast defiled with adulterie, shall remaine without hope of marriage, and thine owne wife shall marrie in the Lord, with whom she will. In which case, thou séest it manifestlie iudged by this bishop, that a diuorsement made for the cause of adulterie, dooth admit a marriage afterward. ³⁶⁹ They will moreouer haue matrimonie dissolued, if there be an error or a mistaking of the person or condition: as if a woman shall thinke that she hath a certeine husband, and shall [afterward] prooue the same to be an other than she ment to haue; or else, if she had taken him to be a frée man, and of an honest stocke, whom she findeth to be a bondman.

There is added also the cause of the degrée of kindred, euen of the degrée not forbidden by the lawe of God, when they would haue the matrimonie that is contracted to be cut off. So it appéereth, that it was not so straitlie iudged, that the same onlie cause, which Christ dooth expresse, maketh a diuorse. Otherwise, séeing Christ expressed one onlie cause; how commeth it to passe that emperours being christians, and men also which be of the church, haue added so manie other causes? Certeinlie it was euen this, that they thought, that in that one onlie cause, Christ ment to be conteined both the offenses which be equall, and those which be more gréeuous. ³⁷⁰ Erasmus (who treated héereof at large) added; When the Lord commandeth that thou sweare not, that thou be not angrie, that thou saie not Racha, ³⁷¹ if a man shall strike thée vpon the one chéeke, turne vnto him the other, if one will take awaie thy cloke, giue him also thy cote, and such like; we admit interpretations, that we may vnderstand these things to be spoken oftentimes of the preparation of the mind; to wit, that it be not doone rashlie or lightlie, nor without a iust cause: and shall we be héere so hard and precise, that we cannot admit anie interpretation or exposition?

55 And the reason whie Christ did expresse but one onelie cause of adulterie, séemeth to be, ³⁷² for that there is nothing so great an enimie vnto matrimonie as this mischéefe is. They shall (saith the scripture) be one flesh. But he that committeth whoredome, dooth so ioine himselfe to other flesh, as he is plucked awaie from his owne wife: for; ³⁷³ Shall I (saith Paule) take the member of Christ, and make it the member of an harlot? This (as I haue declared) is the opinion of some, which although it be not wicked, and perhaps it cannot easilie be confuted: yet for my part, as I with all my hart imbrase those causes, which be expressed in the scriptures; so can I hardlie indure, that diuorsement should stretch beyond these bonds. And in verie déed, as touching such crimes as the scripture speaketh of; if a magistrate, being a Christian, should vse the seueritie, which both the diuine lawes, and the Romane lawes haue decréed to be most iust, ³⁷⁴ we shuld not be troubled with these discommodities. I speake not now of the impediments of nature, which may happen so to be, and be sent in such sort by God, as matrimonie cannot anie longer consist. That which I haue declared, I would haue it to be vnderstood onelie as touching wicked acts, which of manie are thought to make matrimonie void. Those things I saie cannot (in my iudgement) be easilie knowne, otherwise than by the holie scriptures.

56 Yea moreouer, and in those things which the scripture hath expressed, I thinke that nothing ought to be aduentured, except the magistrate doo ratifie the same. For matrimonie, although it be ordeined by God; yet, as touching the circumstances, it hath manie things belonging vnto the ciuill lawes and customes. Wherefore they, which contrarie vnto the magistrates mind, and against the common lawes, doo contract new matrimonies, the first wife being dismissed, doo incur excéeding great dangers. They giue the children, which be borne of the latter matrimonie such a blemish of infamie, as they be commonlie taken for bastards: and vnto such a shame doo they deliuer the wife, whom they haue married, as she is accounted an adulteresse and an harlot; and doo cause that they themselues also are noted with the same dishonestie. We must praie therefore, ³⁷⁵ and by all meanes intreat the magistrate, that he being faithfull, will determine herof; and that he will applie his lawes to the word of God. And it must be foreséene, that it be so determined, as a windowe be not set open to horrible offenses, whereby matrimonies are in manie places rashlie dissolued. And on the other part they must take héed, least while they will defend a diuorsement so made, whereof the holie scriptures neuer giue anie testimonie, that the bond of wedlocke still remaineth (the husband and the wife being seuered, and so seuered, as they cannot dwell togither;) I saie héed must be taken, that no occasion be giuen vnto fraile lusts, and companie of harlots.

And if so be that anie, for fornication sake, or bicause that he will not by anie meanes that his wife should dwell with him (as Paule writeth of the infidell) is constreined to abide sole, ³⁷⁶ and liue continuallie without a wife, he remaining in a doubt, and not knowing what he ought to doo, when the lawes will giue him no libertie to marrie a second person; certeinlie there are but two remedies, which he must haue recourse vnto; that either, when he is driuen to this streict, he may now thinke that he is called vnto this single life by God, whom by continuall praiers he ought to mooue and sollicit, that he will be present with him, whereby he may liue chastlie and purelie; and when he perceiueth that iniurie is doone vnto him by the lawes, let him commend his cause vnto God, for that he did not wilfullie, and of his owne accord, cast himselfe into this state, but being vrged of necessitie, is constreined to reteine this lot. But and if he shall altogither perceiue, that he is not able to liue a chast and continent life, and that he cannot be persuaded in his mind to liue single and without a wife; and thinketh it expedient for him to vse the libertie, which God hath appointed, least he should doo it against the will of his owne magistrate, and against the common lawes; let him depart, and get himselfe into other countries, where this may be lawfull: there let him marrie, and addict himselfe vnto that Common-weale, by whose lawes it is permitted him. These things are in such sort taught by me, as I am readie alwaies to heare and admit that counsell, which shall be better, and more perfect.

57 But of this I maruell oftentimes with my selfe, how it came to passe, that Valentinian, Theodosius, and Iustinian, otherwise most christian princes, partlie made lawes themselues of diuorsements, and partlie by their authoritie confirmed them which were made of old; and that such lawes were not openlie withstood by the most godlie bishops, which liued in those daies: séeing otherwise, ³⁷⁷ Ambrose procured Theodosius to make a lawe of deferring the punishment of death for certeine daies, and found meanes by his authoritie, that the decrées, which Symmachus would haue established, tooke no place. Séeing therefore that those princes, which were verie godlie, durst ordeine such things by their lawes, and that the church withstood not the same; how commeth it to passe, that magistrates at this daie doo stand in doubt to determine hereof? Peraduenture they would saie, that there would then be great store of diuorsements. Which is not verie likelie, séeing among the Hebrues, Graecians, and Romans, where diuorsements were lawfull, we read not that there was anie great number. But and if so be they thinke, that our men be woorse in these daies, than either the Hebrues or Ethniks were in old time; both they doo iniurie vnto the name of christianitie, and by this means are brought, that they the rather condescend vnto diuorsement; bicause it was permitted as a remedie of wickednesse. For who will haue a medicine to be taken awaie, while he perceiueth the disease still to reigne?

58 This moreouer ought to be certeine, ³⁷⁸ that Christ, when he excepted the cause of adulterie, ment not a diuorse, wherewith the wife and the husband should be separated onelie (as they saie) from the bed and boord, and that the bond of wedlocke should still remaine. The Lord spake vnto the Hebrues, wherefore his words are to be vnderstood of the vsuall diuorse amongst that people. Also the Ethniks, ³⁷⁹ as well Romans as Graecians, had onelie this sort of diuorse knowne among them; that the one married person was so loosed from the other, as new marriages might be lawfull. And if so be that Christ had otherwise ment it, he should haue séemed not to haue answered vnto the question propounded vnto him: for they reasoned then of that kind of diuorse, for the which a bill of putting awaie a mans wife was granted by the lawe. The disputation was of that, wherefore the words of Christ ought so to be vnderstood. For whether is it more likelie, that the Iewes inquired of the diuorse, which they were ignorant of; or rather of that, which Moses had granted to them in the lawe? I thinke that no man is doubtfull, whether they asked of the thing, which was vsuall among them.

59 What also the ancient fathers in the church haue iudged hereof, it is no difficult thing to perceiue. Origin granteth, ³⁸⁰ that some bishops gaue leaue vnto wiues (being separated from their husbands) to marrie others: which fact of theirs he saith, was against the scriptures, and yet he excuseth the bishops, that they did it not without consideration. Of the same mind shalt thou find Ierom to be, in the Epitaph of Fabiola, which was married to an other, while hir former husband yet liued. ³⁸¹ Ierom there confesseth, that she did not well therein; but yet in the meane time he excuseth hir fact, by sundrie and manifold reasons. And it appéereth manifestlie, that the other marriage of this woman was not quite cut off. The bishops therefore of those times did not giue counsell to haue new marriages; but it séemeth that they did bear with those, which happened in the meane time. Albeit (as we haue recited out of Origin ) some of them gaue licence to marrie againe. But we are to beléeue, that the greater part did rather suffer than persuade.

³⁸² Wherefore I vnderstand the Canon of the councell of Neocaesaria (wherin ministers of the church are forbidden to be present to blesse the second marriages) to be ment as touching this sort, and not of those which are renewed after the death of the other spouse; forsomuch as these marriages are good and godlie, and are commanded by Paule, vnto whom so euer they shall be néedfull, séeing he saith vnto Timothie, that he would haue The yonger widowes to marrie, and to bring foorth children. ³⁸³ But those other marriages (in so much as the other married partie was liuing) were taken for suspected; although they were borne withall: and therefore the ecclesiasticall blessing was not giuen to to them. And this dooth the reason shew, which is added to the Canon: ³⁸⁴ for it is said; For how can they inioine repentance for these marriages? Whereas it is not read, that euer anie repentance was inioined for second marriages, after the death of the husband or wife, as though they had béene sinne. But for matrimonie, which hath béene doone, the husband being yet aliue, it is manifestlie shewed in the epistle of Ierom, which we euen now spake of. There was repentance inioined to Fabiola, although (as I haue said) we read, that that matrimonie was neither dissolued, neither yet counted vnlawfull; for that woman was with the latter husband so long as he liued.

³⁸⁵ 60 And as concerning Ambrose, how little he misliked second marriages, the one partie being aliue, his exposition vpon the second to the Corinthians, the seuenth chapter, dooth plainelie testifie: where he vnderstandeth, that the wife may depart from hir husband for thrée causes. The one, if he be an adulterer; another, if he be a backe-slider from the [true] religion; the third, if he would abuse his wife through lust, contrarie vnto the iust vse and custome of nature: for these causes (saith he) let a woman depart, but let hir remaine vnmarried; sith that is not lawfull to hir, which is lawfull to the husband. For if the husband put awaie his wife for fornication sake, he may marrie an other. And he saith verie plainlie, that the mans cause in this respect is better than the womans, and the reason he allegeth; bicause Man is the womans head: ³⁸⁶ and that therefore it is not méet he should be tied by such streict lawes. Peraduenture, besides this reason, which he brought, he had respect vnto the lawe of the old testament, ³⁸⁷ where it séemeth to haue béene lawfull onlie vnto the men, to giue a bill of diuorsement. Which héereby is prooued; bicause at no time in the scriptures, there is anie mention made of women, that they should giue a bill of diuorsement vnto their husbands. And in the prophet Malachie, ³⁸⁸ when God dooth complaine of the crueltie of husbands towards their wiues, (which dailie lamented in the temple, and wept in their praiers, making relation what they indured at their husbands hands) he commandeth, that he which hateth his wife, should giue hir licence to depart.

But and if so be it had béene permitted vnto women, to giue vnto their husbands a bill of diuorsement; they would not haue indured such crueltie, and so hard a state of life. They would haue departed of themselues, and would not haue waited for an admonition from the Lord, which should saie by his prophet; If thou hate thy wife, put hir awaie. And vndoubtedlie, God séemeth in the old testament, for sinnes sake, to haue subiected the woman vnto the man, by a certeine kind of seruitude; so as hir state in manie things should be woorse than the state of man. ³⁸⁹ It was lawfull vnto the husband (if he had béen gelous) to make triall of hir by publike and solemne ceremonie: which was not lawfull for women against their husbands. Polygamie, or to haue more wiues than one, was sometime granted vnto men: which was not permitted vnto women. And we might reckon vp manie such like things, which notwithstanding were not without consideration appointed by the law of GOD, which would be now ouerlong to rehearse. Yea and among the Romans, ³⁹⁰ there was no such punishment of lusts vsed against men, as was against women. The woman was condemned of adulterie, with what man so euer she had kept vnlawfull companie; but there was no punishment vsed against the man, except when he had plaid the harlot in a strange bed, or had rauished those which were honest and frée borne; but if he had doone wickedlie in harlots houses, or against his owne handmaids, there was no punishment for him.

61 But Ierom in the epistle to Oceanus hath otherwise, and he saith; ³⁹¹ that That which the holie scripture commandeth the man, the same dooth also redound to the woman: and he will haue the like decrée of both. Further, as touching the Romane lawes he saith; In one sort speaketh Caesar, and in another sort Christ; one waie Paule, and another waie Papinianus. For my part, although I cannot denie, but in the lawe of Moses the condition of women and men was vnlike in respect of manie things; yet in this cause, as the state of our time standeth, I would not subscribe vnto Ambrose: against whom also Augustine is, ³⁹² is, who, in the second booke and eight chapter to Pollentius De adulterinis coniugijs, maketh both their states alike. Notwithstanding that, ³⁹³ which the Maister of the sentences bringeth, is most vaine; whose iudgement is, that these things are pact into Ambrose his books by heretiks. But so might all controuersies be easilie dissolued, and we might saie, that those things, which make against vs in the fathers, were thrust in by heretiks. Howbeit, the same Ambrose afterward giueth the scope of new marriages vnto women also, ³⁹⁴ if the vnbeléeuer will not dwell togither with hir. Which in verie déed standeth me in stéed of a reason to prooue, that the libertie of both is alike. For if the cause, which the apostle sheweth, extend it selfe vnto both the man and wife; it shall no lesse be granted in the cause of fornication, which Christ expressed.

Moreouer, that which is permitted vnto the man, shall no otherwise be, but that matrimonie is dissolued, bicause of fornication. But if so be it be dissolued, and the woman loosed from the same; why shall it not also be lawfull for hir to be married vnto another? Last of all we sée, that the lawes of the bishops doo grant vnto a woman hir diuorse, if she prooue that hir husband is verie cruell vnto hir. Which séeing they doo as touching hir diuorse, how dare they denie that it may not be doone in a man? In the old lawe it was not lawfull for wiues to giue a bill of diuorsement; bicause it was giuen for euerie cause. And séeing women be inconstant, it is not méet that they should depart from men for euerie cause. But now if the certeine causes were limited, we might easilie be rid of that inconuenience. I will also adde, that the time is not easie to be knowne, wherin it began among the Romans to be lawfull for women to put awaie their husbands, vnlesse it be in those questions mixed togither of the old and new testament, ³⁹⁵ which are intituled to Augustine. In the question 115. it is written, that vnder Iulian this began to be lawfull for them. For then leaue was giuen vnto women; that they might put awaie their husbands. Notwithstanding, who this Iulian was, it appéereth not; séeing we read of two emperours of that name.

62 But these were woont to be counted the causes, why the fathers would, ³⁹⁶ that new marriages should not be lawfull, after a diuorse was made for fornicatio~ sake. First, for that it might séeme that the husband lusting after a new wife, would inuent a feigned crime of adulterie against the first. Further, for that it might séeme no wise mans part, that when it hapned ill with him before, he would trie the same lucke againe, & after a sort séeke the same infelicitie. Besides these, there are brought in the places, as well to the Romans as to the Corinthians, ³⁹⁷ where the apostle séemeth to be of that mind; that a wife, so long as hir husband shall liue, is bound to his lawe. The latter writers also doo cauill, that matrimonie is a sacrament, and that therefore it cannot be made void. And Innocentius, when he decréed that it is not lawfull for the one partie married, to enter into new matrimonie, if the other shall be fallen into heresie, addeth this reason; that There would be a doore open vnto great inconuenience: for anie man would soone feine himselfe to be an heretike, that he might be deliuered of his wife, and obteine another. Further, they be woont to vrge this saieng; ³⁹⁸ That which God hath coupled togither, let no man separate.

These reasons Erasmus dooth plainelie confute. Touching the first; ³⁹⁹ If a seuere iudgement be appointed by bishops and magistrates, false reports might easilie be preuented, neither will there be anie leaue giuen of diuorse, vnlesse that fornication shall plainlie and euidentlie be prooued. Of the other reason it is said; That which is obiected, is verie ridiculous, séeing we oftentimes sée, that those which haue sailed once without good successe, and haue abidden shipwracke, doo returne againe to shipping. And the partie, which is innocent, while he endureth prickings and burnings, and cannot easilie kéepe himselfe chast; what maruell is it, if he cast in his mind to marrie againe? Touching the place to the Romans it may easilie be answered; The apostle did not there dispute, whether diuorsements might be by anie meanes admitted; but it sufficed him, that he shewed vnto the beléeuing Iewes, and to them which were conuerted to our religion, that it was now lawfull to marrie againe in Christ, after that death was come, which is the certeine and vndoubted cause of dissoluing matrimonie: wherein, although there were a singular coniunction and peace betwéen man and wife, yet by death the same is dissolued. Verie wiselie therefore did Paule in that place put onelie that cause of dissoluing matrimonie, which of necessitie he was to grant; although no other cause had hapned in the meane while. So vnto the Corinthians he would shew, that it was lawfull for a widowe to contract new marriages, if she would; bicause hir first husband was dead. He reasoneth not there, whether a diuorse may be made for anie other cause; but onelie sheweth, that there is no cause whie second marriages be not lawfull, when either the husband or the wife happen to die.

⁴⁰⁰ 63 But whether matrimonie be a sacrament or no, it is not hard to be answered. If thou vnderstand the name of a sacrament generallie, and at large, for euerie such thing as signifieth some holie thing, we will not denie, but that matrimonie may be a sacrament; séeing it resembleth vnto vs, the coniunction of Christ with his church: whereof we haue a testimonie in the epistle to the Ephesians. ⁴⁰¹ But after this maner thou art forced to appoint, not onelie seuen, but an infinite number of sacraments: such as are the washing of féete, the shaking of dust from the féete, the imbrasing of yong children in armes, and in a maner all the actions of Christ. But if thou wilt drawe the name of a sacrament to those things, which not onelie betoken spirituall things, but also are vsed to be doone by certeine words, and of which there is a commandement extant, that they should be doone: in this sense thou canst not appoint matrimonie [to be a sacrament. ⁴⁰² ] I passe ouer, that Dionysius in his treatise De ecclesiastica Hierarchia, reckoneth it not among the rest of the sacraments. ⁴⁰³ Neither would Iouinian haue escaped this argument, which left not anie small thing vntouched, whereby he might extoll matrimonie. Further, what sort of sacrament soeuer this be, the reason furthereth not the purpose of our aduersaries. For Christ, whom they would signifie to be ioined vnto the church, hath made a diuorse from the synagog, and hath coupled our church vnto him. But if peraduenture they shall saie, that this is not doone but by his death: I will answer, that the diuine nature in Christ, for the which this matrimonie is especiallie agréeable vnto him, neither died, nor yet possiblie can die. And yet (as Esaie writeth) God gaue a bill of diuorsement vnto the people of Israel, ⁴⁰⁴ and by reason of their sinnes he reiected them from his companie.

64 A slender reason also is it that Innocentius brought: for by the like and the same reason might anie man faine himselfe to be a seruant, when otherwise he were frée; to the intent he might vndoo the matrimonie contracted, and procure himselfe an other wife. And if that the error of their state were so great a matter to them, that it dissolued matrimonie; whie should not that be of more force, which Christ himselfe and the apostle did except? Neither dooth that greatlie trouble vs, which they vttered in the last place; namelie, that it is not mans part, to separate them whom GOD hath put togither. For when such causes, as these be, doo happen; it is God which diuideth, and not men: forsomuch as he, by his word, hath giuen this power. Vndoubtedlie men should then separate, if for euerie cause not expressed by God, they should attempt to vndoo matrimonie. And Paule, when he said; ⁴⁰⁵ Let hir remaine vnmarried, speaketh of them, which being led by light causes, departed from their husbands. It was a custome among the Hebrues, to giue a bill of diuorsement vpon anie cause. And diuorsements were so common and vsuall vnto the Ethniks, as Iuuenal said; So are there eight husbands made, fiue for the haruest time, &c. Wherefore, not without cause the apostle writeth these things vnto the Corinthians. The Romans were not so readie to put awaie their wiues. For the first, which made a diuorse, was Spurius Seruilius, and that bicause of barrennesse of the wife; in the two hundred and thirtie yeare after the building of the citie: as Plutarch mentioneth in the life of Romulus.

Paule therefore speaketh not of the cause of fornication: for as touching that, he disagréeth not from Christ, who (as we haue prooued) did grant there a iust diuorse. ⁴⁰⁶ Neither must the apostle be vnderstood, as though he allowed those departings of married folkes one from an other: verelie he condemneth them, and would not haue them so rashlie, and vpon such trifeling causes to depart one from an other. But as a good minister he prouideth, least perhaps, if they fall into this vice, they may commit an other more gréeuous; namelie, to be married vnto an other. Let hir (saith he) remaine vnmarried, or else let hir be reconciled vnto hir husband. And he séemeth in this place, not so greatlie to reprooue & blame the crime of departing one from an other, as it deserueth. For he sawe, that sometimes it happeneth that women be not separated of their owne accord; but cast foorth by their husbands, in such sort, as if they would returne, yet is there no present meanes for them to doo it. Howbeit the magistrate ought to prouide for such afflicted soules by approoued and good lawes.

65 But now I thought good to weigh and examine certeine things, which be spoken by Augustine, in his two little bookes De adulterinis coniugijs vnto Pollentius, ⁴⁰⁷ according as I shall iudge them to serue vnto the purpose of this place. He thought in verie déed, that it was not lawfull for him, that should put awaie his wife for the cause of adulterie, to marrie an other. ⁴⁰⁸ But whereas in Matthew that cause is excepted, he answereth, that either of them both is an adulterer; as well he which for adulterie sake, as he that without that cause, putteth his wife from him, and marrieth an other. And he saith, that Matthew expresseth onelie one of them, to note him which committeth the greater sinne. Both of them doo commit adulterie, by putting awaie their wife, and marrieng of an other; but he more gréeuouslie, that shall doo this without cause of fornication. And so he would, that the same exception should onelie be of force to moderate the crime of adulterie: but not to this effect, that it should be quite taken awaie. And this he thinketh that he can shew by the word of God: for Luke and Marke vttered the same sentence absolutelie, and without anie exception. ⁴⁰⁹ They saie; Euerie man, which shall put awaie his wife, and marrie another, committeth adulterie: therefore he concludeth generallie, that the saieng of Christ must be vnderstood as Luke and Marke wrote. But Matthew (saith he) noteth him, that shall doo it for fornication sake, that it may be vnderstood he sinneth the lesse.

But certeinlie I would iudge this kind of argument to be most weake: ⁴¹⁰ for it séemeth wée should rather saie, that Luke and Marke wrote not the perfect or compleat sentence of she Lord, which we ought to gather out of Matthew, and to vnderstand it definitelie. Which rule he himselfe vseth, and that not once, in his booke De consensu euangelistarum, where he plainelie saith; that Verie oftentimes in the other euangelists, some things are spoken not verie plainelie and perfectlie. The which ought more perfectlie to be gathered out of Matthew. And it is to be woondered at, how he can alwaies séeme to vnderstand that departure, whereof the apostle speaketh, for that which may be lawfull, séeing the apostle plainelie said; ⁴¹¹ Let not the wife be separated from hir husband. So as it is manifest, that the apostle speaketh of that departing, which is not lawfull; séeing he forbiddeth the same. Whereby it easilie appéereth, that héere is no spéech touching the cause of fornication. But in that case the apostle would not command, that the wife should not depart from hir husband: for that were to nourish brothelrie, if adulterie should be suffered, the wife being present and abiding with hir husband.

Wherfore Paule commandeth, that she should not depart for these small causes, séeing that is not lawfull. And if perhaps she doo depart, hée commandeth that she should remaine vnmarried; or else that she be reconciled vnto hir husband. Euerie one is bound to put awaie euill from among his owne familie. How should a husband but exclude his wife, when he findeth hir in adulterie? ⁴¹² And yet the apostle saith; Let not a man put awaie his wife. Ought he therefore to harbour hir adulterie? Hereby is sufficientlie shewed, of what maner of departing and eiection these things be ment. ⁴¹³ And in this place thou hast Chrysostome, who is of our opinion: for he saith; Sometimes they depart one from another by reason of contentions, or faint courage, or else for continencie, or for other pretenses: neither dooth he make anie mention of adulterie. Tertullian, in his fourth booke against Martion, saith; ⁴¹⁴ that Iustice hath the Lord to be a defender of diuorse. By which words he sheweth, that Christ did confirme diuorse, and that he tooke it not vtterlie awaie. For by this reason the heretiks went about to prooue, that Christ was contrarie to God in the old testament, for condemning of those things, which he ordeined. Which sentence of Tertullian should not be true, if iust diuorsements (as the Hebrues vsed) shuld not be admitted among the Christians.

66 Neither ought this to trouble vs much, that in the old testament, a bill of diuorsement was permitted for euerie cause; séeing now Christ draweth the matter into so streict a roome: this is no cause, why thou shouldest thinke him to be against the decrées and lawes of his father. But this thou must consider, that in those daies, the same lawe of giuing a bill of diuorsement, ⁴¹⁵ which was ordeined in the 24. of Deuteronomie, was ciuill: ⁴¹⁶ and Christ dealt not as touching the ciuill affaires. They, which gouerne a Common-weale, appoint themselues such a scope, as if two euils or discommodities be offered, the lesse must be permitted, lest they should fall into the greater. ⁴¹⁷ Which may easilie be shewed in harlots, whom they suffer to liue in cities, least more heinous crimes should be committed. Which neuerthelesse, the lawe of the Lord in his Common-weale did not permit. But now I bring this as an example, which although it be not doone according to christianitie; yet is it to be séene here and there in manie Common weales. Euen so, as concerning the affaires of matrimonie, when the matches be vntoward, one of the two discommodities séemed necessarie; that they, which hated their wiues, either they would perpetuallie afflict them, and at length kill them; or else a licence of diuorsement was to be giuen them.

This latter euill séemed more tollerable, wherfore GOD granted the same to be in his Common-weale: but yet he so granted it, ⁴¹⁸ as a bill of diuorsement should be written. Wherewith a sharpe and vntractable man, euen in writing of it, might some waies be mooued, & might more déepelie ponder how dishonest a part it should be, to driue hir awaie from him, with whom euen from the beginning he had liued most familiarlie. For we be woont more attentiuelie to ponder those things, which we write, than those things which we speake. Moreouer, he commanded, that when she should be cast out by a bill of diuorsement; she might neuer be receiued againe into matrimonie by hir first husband. So as in these politicall lawes, let a christian and godlie man so behaue himselfe, that he vse not this leaue, which he séeth is granted him, least we fall into more heinous euils: sith he may perceiue that it hath some euill also ioined with it, although it be the lesser. Wherefore our redéemer hath appointed decrées vnto his people, both of pietie and religion. In the meane time he condemned not the counsell of GOD, which he vsed in the Common-welth of the Hebrues, for restraining of more gréeuous sinnes.

67 Thou shalt not find in the old testament anie men of praise or renowme (so far as the holie histories make mention) that vsed a diuorse Do not obiect Abraham, which put awaie Agar, and Ismael hir child from him: ⁴¹⁹ for this he did not of his owne accord, but at the sute of his wife, ⁴²⁰ and commandement of God. Also Augustine, in the place abooue recited, did write; that It is vnbeséeming for Christian husbands, to take the matter so gréeuouslie, that they should not be reconciled to their wiues (which fall into adulterie) when they be penitent, and shew hope of amendement of their life. They must (saith he) consider with themselues, that they be christians whose part is to incline to mercie, and not to be hard-harted. ⁴²¹ Dauid (he saith) tooke Michol to him againe, who neuerthelesse was coupled to an other man. But this example of his séemeth not verie effectuall, bicause Michol committed not a full and compleat adulterie: for the yoong woman was compelled by hir father, who was king, to match hir selfe with an other man. So that she was driuen vnto that latter matrimonie, not onelie by the lawe of the countrie, but also by the commandement of the king. ⁴²² In the second place he bringeth in the example of Christ, who séemeth to haue pardoned the adulteresse: which (no doubt) is of force to persuade the minds of husbands vnto mercie towards their penitent wiues. Yet dooth it not prooue, that adulterers should not be punished by lawes and magistrates with death. For Christ, by that action, did not take anie thing awaie from the ciuill lawes, or from the seueritie of publike iudgements. Bitter men (saith Augustine ) did so hate that chapter of Iohn, as they blotted it out of his place. By which words he séemeth to note (as the thing it selfe declareth) that the same chapter was not found in all the copies. Certeinlie these men ought to haue remembred their owne frailenesse, and to marke how oftentimes they them selues fell into sundrie mischéefes; and sometime perchance into the verie same kind of sinne, of violating the faith of marriage.

68 They moreouer, which so obstinatelie hate their wiues, saie it is not méet, that husbands who be the heads, and wiues, should be both vnder one lawe. ⁴²³ Naie rather (saith Augustine ) séeing the man is the womans head, hir ruler & guide; therfore it had béene méet he should excell hir in vertue. ⁴²⁴ And he citeth the lawe of Antonius the emperour, which he saith, he read in Gregories booke, which is on this wise; I iudge it to be verie vniust, that a man should require chastitie of his wife, which he himselfe performeth not to hir. Where vpon he decréed, that she should not be condemned of adulterie, which prooued hir husband either guiltie of that crime, or else that he gaue hir an occasion of falling. By these and such other meanes, Augustine exhorteth men to pardon their wiues, when they haue offended. Which I verie well allow, when there is hope of true repentance, and change of life. So then, if the magistrate once applie his mind to take awaie these euils, and to reforme the faults that be in matrimonie; let him prouide, that husbands, which complaine of their wiues naughtines, being proued in the same fault themselues, escape not vnpunished: and let him prouide by good lawes, that husbands giue vnto their wiues no occasion of sinning.

69 But when the apostle saith; ⁴²⁵ Vnto the remnant speake I, not the Lord. If anie brother haue a wife that is an infidell, and shee is content to dwell with him, let him not put hir awaie, &c. thou shalt note, that dwelling togither is required to a iust matrimonie. ⁴²⁶ Wherefore the Lord said, that he would appoint man a wife to be a helper vnto him. Which I speake not, to the intent it should neuer be lawfull for man and wife to be one from an other, either by occasion of sicknesse, or else for other great and vrgent necessities: but that married folkes may vnderstand, that there should be no let in them to dwell togither, and that they should not shunne to liue one with an other. Thou wilt demand perhaps; If the vnbeléeuing partie be prooued altogither an Atheist, an Epicure, & which hath no regard of religion, so as there is despaire of his saluation; whether in that case the partie that beléeueth, ought to remaine in wedlocke? We answer: Certeinlie, when the partie married is past all hope of saluation, a separation may be made; for the effect being remooued, there is left no place for the cause. All the reason of abiding togither, was for charitie sake; that the faithfull man might win his wife vnto Christ.

But bicause it is not lawfull to despaire of anie man, while he liueth; ⁴²⁷ and he that this daie is an Atheist, an Epicure, and contemner of religion, to morrowe perhaps will not be so; séeing God hath the hearts of men in his hands: therefore, vnlesse there happen to be a manifest and speciall reuelation of the condemnation of such a one, there ought not to be a departing. But if the same partie in the meane time shalbe a blasphemer, and a cursser of Christ; so as the beléeuer cannot remaine in matrimonie, without the contumelie of Christ (for perhaps the husband cannot abide to be reprehended of blasphemie;) or else that the truth of Christ must be defended by confession: is it lawfull then to depart? Yea verelie; for he, which honoreth Christ, if he doo not deliuer his name from contumelie, if he may; or at the least-wise passeth not whether he séeme to consent vnto the iniurie doone vnto him, he sinneth gréeuouslie, and in vaine taketh himselfe to be a christian. Wherefore prudentlie dooth the apostle write; (If the vnbeleeuer will dwell togither with the beleeuer:) bicause he is not iudged to be willing, which dooth detest the religion of his spouse; who dooth reuile his GOD with blasphemies, and suffereth not that his conscience may rest in tranquillitie and quietnesse. This is not to dwell togither, but to torment the other partie, to raise vp strife, and vtterlie to ouerthrowe all domesticall peace.

70 Also, if it happen, that the faithfull partie be weake, and perceiueth him selfe, by meanes of that matrimonie, to fall awaie by little and little from christian religion; so that he is almost led awaie from the faith, and readie to fall headlong into idolatrie, by being with idolaters, what shall he then doo? He ought not to abide: for that sentence must stand sure and vnshaken; We must not doo euill, ⁴²⁸ that good may come thereof. Neither is there anie hope then remaining, that the vnbeléeuing partie can be conuerted, which was the cause of reteining matrimonie: naie rather it now happened contrariwise, that the beléeuing partie shuld be put in ieopardie of inclining to infidelitie. And this was the reason why God, in the old testament, appointed matrimonie, which was contracted with infidels, ⁴²⁹ to be dissolued by Esdras: bicause men were by that meanes stirred vp vnto such worshippings, as were forbidden; so far off were they from winning their wiues vnto the Iewes religion. ⁴³⁰ Augustine, in the place now cited, reasoneth on this wise; For this cause Paule wrote these things, for that it was to be feared, that if through the Gospell begun, the matrimonies contracted should be made void, christian religion would be condemned; as though it troubled the Common-weales, and did cut in sunder honest and lawfull contracts.

And there was added another discommoditie; namelie, that the vnbeléeuing partie, suffering a repulse of hir husband for religion sake, intangled hirselfe with new marriages, whereby hir mind might be the more vehementlie hardened in infidelitie, and more and more become strange vnto christian religion. Which would not haue happened, if the faithfull wife had tarried with him. ⁴³¹ So as it séemeth good, that all meanes be attempted, before a departure be had. Hereby therefore we sée, that Paule dooth giue leaue to depart, not for religion sake onelie; but in case that the vnbeléeuing partie will not dwell togither [with the beléeuer.] So as he maketh the obstinate will, to be the cause of departing, rather than vnlikenes of religion: séeing he teacheth, that the same after a sort might be abidden. And it appéereth, that the sentence of Christ, wherein he onelie excepteth whooredome, ⁴³² was not compleat: séeing the apostle here added another.

⁴³³ 71 Here arise thrée great doubts. First it séemeth, that Paule laieth open the partie that beléeueth vnto great perill: for he persuadeth him to remaine with an infidell, whereby he perhaps might fall into idolatrie; for it is an easie matter to be seduced of the vnbeléeuing partie. But it is answered, that it is not so: for, God being then mooued by praiers, will helpe the faithfull partie, when he perceiueth him to followe his vocation, and that he did not willinglie, and of his owne accord, procure those dangers. Which had béene as much as to tempt God, who séeth, that he abideth not in this kind of marriage by his owne will, or for his owne commoditie sake; but that he may obeie the commandement of God, and therfore will helpe him. Moreouer, if it happen that the beléeuer, being weake, perceiueth himselfe to be led from Christ, he hath leaue to depart; as we haue instructed before.

The second doubt is, for that in committing of whooredome, we therefore sinne; bicause we take the member of Christ, and make the same the member of an harlot. How happeneth it here, that sinne is not committed, when as we make the member of Christ (I meane the partie that beléeueth) to be a member of idolatrie? ⁴³⁴ It is soone answered; that we doo it not: he was the member of his wife before. Onlie this must be holden, that there should be no parting for the Gospell sake. There is no leaue giuen to him, which alreadie is the member of Christ, that he should become the member of an idolatrous woman, to marrie with one that is an infidell: but it is onelie said, that he should not rashlie depart. But in committing of fornication, we which alreadie be the members of Christ, are pulled from him; and make our selues the members of an harlot. Thou séest that the reason is vnlike. Furthermore, it commeth to passe, that in coupling with an harlot, either partie is vnpure; as well the harlot, as he which hath the companie of hir. So is it not in marriage of persons of vnsemblable religion, where the one partie; namelie, the beléeuer is pure. For he, which committeth whoordome, is not onlie mingled in bodie with an harlot, but also he consenteth with hir in the wicked desire of fornication. So that both of them, as well touching the mind, as the bodie, are defiled. But here, in marriages of contrarie religion, they are not coupled togither in respect of faith; but in bodies onelie: and Paule testifieth, that from the bodie of the infidell, vncleannesse is taken awaie, that the other partie may not be contaminated. In the meane time, faith remaineth sound, and the mind pure, in the partie sanctified: which faith hath no place in committing of whoredome.

The last doubt is; if a Christian husband dwell with an idolatrous and an vnbeléeuing wife, and that he ought not rashlie to depart, and yet may depart from an adulteresse; it séemeth to follow, that adulterie is a more gréeuous sinne, and more intollerable than idolatrie is. Chrysostome answereth, ⁴³⁵ that God is so verie good, as sometime he preferreth our commodities before his owne: for he willeth, that the sacrifice be left at the altar, ⁴³⁶ and before we doo offer sacrifice, a reconciliation is to be made with our neighbours. He sometime forbeareth to haue a debt paid vnto him, and forgiueth the same: but vs he will not absolue, vnlesse we satisfie our neighbour. Wherefore the argument is but féeble, wherein thou didest gather, that idolatrie is a lesser sinne than adulterie; bicause the spouse is permitted [to tarrie] with the idolatrous wife, and from adulterie he may depart. But it appeareth, that we may make a more perfect answer; ⁴³⁷ that in verie déed idolatrie, in his owne nature, is a more gréeuous sinne than adulterie: but that adulterie is more repugnant to wedlocke than idolatrie, ⁴³⁸ wherein man and wife should be one flesh, and by adulterie be drawne one from an other. It is true indéed, that idolatrie is more repugnant vnto God than adulterie is; but adulterie is a greater enimie to marriage than idolatrie. Which dooth héereby appeare, for that marriages are had betwéene idolaters and Mahumets.

72 But whether Dauid did well, in taking of the Synamite to wife, ⁴³⁹ it appeareth doubtfull vnto some. For those that are cold [of nature] when they marrie wiues, they séeme not to doo the part of a married man, bicause according to humane laws, such marriages be not firme: for cold persons doo inforce themselues to performe that which they are not able. ⁴⁴⁰ Certeinlie, there haue béene manie things decréed touching this matter, as well by the Ciuill as by the Canon lawes. First they decrée, that if there be a continuall defect; those which be contracted, ought to be separated; so that the partie, which sueth for separation, had no foreknowledge of that disease. For if the woman, contracting with a man in ill state, did know therof before, she cannot for that cause step backe from hir husband. There is a lawe had concerning spousages, in the lawe Mulier, which ordeined in this wise; If before matrimonie contracted, the wife knew of the infamie or the impotencie of the man, let hir impute it to hir owne selfe, she cannot séeke for diuorse. In the Digests Ad legem Iuliam de adulterijs, in the lawe Si vxor, about the end it is said; If anie man knowe that a woman hath committed adulterie, and shall afterward marrie hir, he cannot accuse hir of adulterie: for séeing he tooke hir to wife, and had knowledge of it, he séemed to allow of hir conditions.

The same hath the Canon lawe determined, as in the 33. cause, question 1. in the chapter Requisisti, the Glosse saith; If the woman knew the impediment of the man, and contract with him, she cannot step backe. But admit she knew it not, shall the matrimonie be firme? Gregorie, in the Canon alledged, did counsell, that they should dwell togither; to the intent the woman, if she cannot be a wife, may be a sister. But this he speaketh by counsell, not by commandment. For if she denie with lowd voice, and saie, that she would be a mother, and beare children; she is heard. Howbeit, they make a condition; namelie, that she shall gaine-saie it within the space of two moneths (as appeareth in the Extrauagants De frigidis & maleficiatis, in the first Canon;) séeing if she abide long, she séemeth by hir owne consent to haue confirmed the marriage. But the rigor of this lawe is not obserued at this daie, but a longer space of time is appointed, and that iustlie: for he perhaps may séeme cold at the beginning, which will not be so afterward. What shall be doone then, if she gaine-saie it, and yet allow it? If the husband will stand at deniall, he must be credited: but if he confesse it, they shall be separated, and leaue is giuen vnto the woman, to prouide an other marriage.

Which neuerthelesse ought not to be doone ouer hastilie: for they will haue the space of thrée yeares to be expected; to the end a longer, and a more sure experience may be had. The same haue the ciuill lawes iudged. Iustinian De repudijs, in the lawe In causis, first assigneth two yeares; but there in the Paraph Sed bodie, he assigneth thrée yeares, and it dooth verie well agrée with the Popes Canons. The same he hath in the Authentikes, in Collatione 4. in the Paraph Per occasionem; namelie, that thrée yeares be giuen. Howbeit, this must be vnderstood on this wise; Vnlesse a plaine proofe therof can be had before, bicause it ought not then to be deferred. But some men saie; that It is possible, that iudges may be deceiued, that the disease may somtime be cured, and that the space of thrée yeares séemeth not to be sufficient, that he might marrie with an other, and haue children, & that in conuersation they might both of them sometimes confesse their coldnesse, bicause they might find the meanes to be separated. If this should happen, they would that the man, being afterward found fit for procreation, should renew his former marriage. But this is not obserued. The same doo they affirme of them, which be hindered by diuelish practises. But bicause the diuell dooth sometimes hinder, so as a man is able to vse the companie of one woman, and not of another; therefore matrimonie is assigned to be with hir, from whom he is not lett. These things are said touching women.

⁴⁴¹ 73 But if the man doo either knowe, or be ignorant that he is cold, what then shalbe doon? If he be ignorant of it, he is after a sort excused; & it is lawfull for him to aske a diuorse, whereby he may be eased of the charges of marriage. But if he knowe before, that he had the disease of coldnesse, he is compelled to find and mainteine his wife, whom he deceiued. The Popes canons decrée, that he should marrie no more: as it is read in the place a little before alledged, De frigidis & maleficiatis. Howbeit, there be some, which saie; If he can find anie that will haue him to hir husband, so he make knowne this imperfection, hée may contract matrimonie with hir. But what maner of marriage will that be, when it is doone neither for procreation of children, neither for auoiding of whooredome? Vnto this they answer, according to the saieng of Augustine, which we read in the 27. cause, question the first, in the chapter Nupt⟨…⟩arum: and it is written in the eight chapter De bono con⟨…⟩ugali. In the old time, marriage was an obedience of the lawe; now it is for the redresse of our infirmitie, and for the comfort of mankind. But the place is ambiguous, for the comfort of mankind may haue a respect vnto procreation of children; sith thereby the parents conceiue no small pleasure, wherin they delite themselues. Howbeit, at this daie, they admit this kind of marriage: and there be manie found, which doo peaceablie liue togither.

They, which intreat of these things, haue considered, that there is a great difference betwéene coldnesse and old age. And they define, that old age must neuer be driuen from marriage. ⁴⁴² In ancient time was made the lawe called Papia, or Papaea, vnder Tiberius Caesar (whereof Tranquillus in Claudio maketh mention, and so dooth Lactantius; ) whereby it was prouided, that they which were past thrée score yéeres of age, should not marrie wiues; and that the women should not be married, which did excéed the age of fiftie yéeres. But these lawes were abolished by Iustinian: as is to be found in the Code De nuptijs, in the lawe Sancimus. For this coldnesse is not in all persons alike. Howbeit, neither the lawes of emperours, nor of bishops gaue libertie to them, which were gelded men indéed, to marrie. Yet it behooueth, that that coldnesse or diuelish practises, which may dissolue matrimonie, shuld be perpetuall. For skilfull men doo sometime make a remedie for things, which hurt but for a time. Besides this, it is necessarie, ⁴⁴³ that the impediment be before the contracting of matrimonie: for if they once become one flesh, marriage is not vndoone. Of this matter also wrote the Maister of the sentences, in the fourth booke, the 34. distinction.

74 Now remaineth that we intreat particularlie of the matrimonie of Dauid. And this will we first note, that he was not mooued vnto that marriage, of his owne accord, neither of lust, or of naughtie desire; but by the aduise of his noble men, and by the prudent counsell of physicians. Neuerthelesse, thou wilt saie, that a naughtie aduise and a wicked, must not be admitted. This in verie déed is true: but in this matter (so far as may appéere) neither lewdnes of mind, nor naughtie desire can be prooued. First, old age nothing hindered, but that the king might contract matrimonie: who perhaps also was thought, that as touching coldnesse, he might be restored; although not to the strength; which he was woont to haue, yet so, as should be fit for his old bodie. Certeinlie Abraham was restored, when he was an hundred yéeres of age: so that after the death of Sara he married another, and by hir he did beget children. Neither was there wanting naturall helps to Dauid, wherewith the physicians thought they might restore him. Moreouer, if they declared vnto the damsell the old mans impediment, and the same being knowen, she gaue hir consent, she susteined no iniurie. It might be added, that hir mind was persuaded by God, that she should consent for the benefit of the whole kingdome. Notwithstanding, if she were mooued thereto by ambition; the counsell had not béene good. But to iudge rashlie of these points, it standeth neither with our godlinesse, nor yet with our authoritie. Séeing these things might be doone of a sincere mind, and by the will of GOD; I thinke they ought rather to be taken in good part. This dooth the historie teach, that this damsell was not long with the king; bicause within a while after he died: howbeit, his life, which was verie necessarie for the Common-weale, was prolonged for a while. Yet thus much I will admonish, that we néed not labour so much to excuse the fathers of blame; who also ought not to be charged, vnlesse the historie compell therevnto. Neither will we passe it ouer, that GOD vsed the occasion of this damsell to oppresse Adonias, ⁴⁴⁴ and to establish the kingdome of Salomon.

---

← 27. The ninth Chapter. Wherein is treated · Contents · 29. The eleuenth Chapter. Of Whoredome →

Footnotes

1. In Iud. 8. verse. 31. Of matrimonie. ↩

2. A definition of Matrimonie. Looke In 1. Sa. 18. 20. ↩

3. Gen. 1, 28. ↩

4. 1. Cor. 7, 2.
   ↩

5. Ierom. ↩

6. Against secret marriages. ↩

7. Of hauing concubins. ↩

8. The definition of concubine. ↩

9. Whether the Roman lawe allowed of concubins. ↩

10. Looke vpon Gen 16. at the end, and 25. at the beginning. ↩

11. Gen. 16, 3. ↩

12. Ierom. ↩

13. Looke In Gen. 16. at the end, and 21. at the beginning. ↩

14. In 1. Sam. 25, 42. ↩

15. Polygamie of two sorts ↩

16. The diuision of this question. ↩

17. Arguments for polygamie. ↩

18. 2. Sam. 12, 1 Ibid. 24, 12.
    ↩

19. Ibid. 12, 7. ↩

20. Exod. 21. 27 28, 29. ↩

21. verse. 15. ↩

22. Deut. 25, 5. ↩

23. 1. Tim. 3, 2.
    ↩

24. Augustine. ↩

25. Sinne diuided. ↩

26. Gen. 4, 19. ↩

27. Arguments against polygamie. ↩

28. Gen. 2, 23. ↩

29. An obiection. ↩

30. An other obiection. ↩

31. verse. 4. 5. ↩

32. Ibidem. 11. ↩

33. Gen. 2, 23. The shall be two in one flesh. ↩

34. An obiection. ↩

35. In what cases married parties be free. ↩

36. 1. Cor. 7, 15.
    ↩

37. An other obieccion. ↩

38. Looke par. ⟨…⟩ pla. 1. art. 4. ↩

39. 1. Cor. 6, 15
    ↩
40. 2. Sam. 20, 3
    ↩

41. The fourth argument. ↩

42. 1. Cor. 7, 2.
    ↩

43. verse. 5. ↩

44. Gen. 30, 15. ↩

45. verse. 4. ↩

46. verse. 28. ↩

47. The eight argument. ↩

48. Ephes. 5, 25. ↩

49. 1. Kin. 11, 3.
    ↩

50. Cant. 6, 7, and 8. ↩

51. Ephe. 5, 30. ↩

52. verse. 14. ↩

53. Gen. 16, 4. ↩

54. Ibid. 21, 14. ↩

55. Epiphanius. ↩

56. Gen. 31, 33. ↩

57. Prou. 5, 19. ↩

58. Gen. 31, 50. ↩

59. Gen. 4, 19. ↩

60. The Romans forbad polygamie to the Iewes. ↩

61. The conclusion of these arguments. ↩

62. Looke In Gen. 29, 27. ↩

63. What we are to iudge of the polygamie of the fathers. ↩

64. Whether the Iewes sinned by polygamie. ↩

65. God dispensed with his lawe for propagation sake. ↩

66. An obiection. ↩

67. Why God beare with this imperfection in his church. ↩

68. How the fathers were perfect. ↩

69. Whence it appeereth that God dispensed with his lawe. ↩

70. Leuit. 18. ↩

71. 2. Sam. 12, 8
    ↩

72. Why this lawe was not licenced vnto Adam. ↩

73. Whether it be a peruersenesse of nature. ↩

74. That in polygamie there was hidden a mysterie. ↩

75. What the fathers iudged touching polygamie. ↩

76. A defense of the old fathers touching polygamie. ↩

77. Luke. 12, 47 ↩

78. Melancthons opinion of this thing. ↩

79. Peter Martyrs owne iudgement hereof. ↩

80. What Ambrose and Augustine iudged herof. ↩

81. The licence that the forefathers had must not be transferred vnto vs. Matth. 19. ↩

82. Christ altered not the lawe, but reduced sole marriage to the first institution. ↩

83. 1. Cor. 7, 2.
    ↩

84. How the forefathers may seeme to be adulterers. ↩

85. The fathers opinion heereof. Chrysost. ↩

86. Ierom. ↩

87. Apoc. 1, 8. ↩

88. Ephe. 1. 10. ↩

89. Gen. 1, 28. ↩

90. 1. Cor. 7, 29
    ↩

91. Matt. 19, 12 ↩

92. Augustine ↩

93. 1. Cor. 7, 26. The reason of Pauls praising virginitie.
    ↩

94. Clemens. ↩

95. Iustine. ↩

96. Origin. ↩

97. An answer vnto the reasons making for polygamie. To the first reason. ↩

98. A paralogisme. ↩

99. To the second. ↩

100. A paralogisme. ↩

101. To the third. ↩

102. 2. Sam. 12, 8
     ↩

103. To the fourth. ↩

104. To the fift. ↩

105. To the sixt. ↩

106. To the seuenth. ↩

107. To the eight. ↩

108. To the ninth. ↩

109. To the tenth. ↩

110. To the 11. ↩

111. To the 12. ↩

112. 1. Tim. 3, 2.
     ↩

113. To the 13, ↩

114. To the 14. ↩

115. To the 15. ↩

116. To the 16. ↩

117. To the 17. ↩

118. To the 18. ↩

119. Gen. 4. 19. To the 19. ↩

120. To the 20. ↩

121. To the 21. ↩

122. In 1. Sam. 1. 10. ↩

123. Gen. 1, 22. &, 28. & 8, 17, & 9, 1. ↩

124. Gen. 30, 23. ↩

125. Esaie. 4, 1. ↩

126. Gen. 2, 18. ↩

127. Gen. 30. 1. ↩

128. verse. 9. ↩

129. Psal. 113, 9. ↩

130. In Iudges. 14, verse. 5. ↩

131. An example of the forefathers. ↩

132. Gen. 2, 22. ↩

133. Gen. 24, 3. ↩

134. Gen. 28, 1. ↩

135. The lawe of God. ↩

136. Wherein standeth the honoring of parents. ↩

137. The power of a father defined. ↩

138. verse. 16. ↩

139. verse. 4. ↩

140. 2. Sa. 13, 13.
     ↩

141. Ephe. 6, 1. ↩

142. verse. 36. ↩

143. Euripides. ↩

144. Ambrose. ↩

145. The ciuill lawes touching this point. ↩

146. What the Canons determine hereof. ↩

147. Euaristus, Nicolaus. ↩

148. Leo. ↩

149. Gratian. ↩

150. Ambrose. ↩

151. Gen. 24, 47. ↩

152. The Councels concerning this thing. ↩

153. A disagreement betweene the canons and ciuill lawes touching the matrimonie of seruants. ↩

154. Marriages by the letter of a king not to be liked, and why. ↩

155. Marriage with a stolen maid. ↩

156. How the papists vnto matrimonie require a consent of parents. ↩

157. Peter Lombard. ↩

158. Thomas Aquinas. ↩

159. Ephe. 6, 1. ↩

160. Gen. 24, 3. ↩

161. The elder fathers ⟨…⟩p⟨…⟩ nion h⟨…⟩reof. ↩

162. Tertullian. ↩

163. Chrysost. ↩

164. Beware of whoring before marriage. ↩

165. Wedding crownes vsed in marriages. ↩

166. Augustine. ↩

167. The consent of parents is profitable for the children. ↩

168. Iohn. 6, 38. ↩

169. An answer vnto reasons on the contrarie part. ↩

170. The punishment of ingratitude. ↩

171. A remedie against the harder sort of parents. ↩

172. The magistrate is the father of the countrie. ↩

173. The daughters of Zalphead. Num. 36, 6. ↩

174. Deut. 25, 5. ↩

175. Parents had leaue to sell their children. ↩

176. Exod. 21, 7. ↩

177. Exo. 20, 12. Ephe. 6, 1. ↩

178. verse. 8. ↩

179. Gen. 28, 8. The marriage of Esau ↩

180. verse. 5. ↩

181. What we are to account of marriages made without the consent of parents. ↩

182. In Iudges. 21. about the end. ↩

183. Wherein rape differeth from their. ↩

184. What kind of rapt is here intreated of. ↩

185. Augustine. ↩

186. What is to be doone concerning things found. ↩

187. Against Magike and arts forbidden. ↩

188. Of punishments made against raptors. ↩

189. One may commit a rapt against his owne spouse ↩

190. From raptors is taken awaie the libertie of appealing. ↩

191. In rapt the punishment is all one, though the maid consent. ↩

192. The opinion of the Canonists. ↩

193. The Councell of Orleance. ↩

194. The Councell of Chalcedon and Cabylon. ↩

195. Deut. 22, 28 ↩

196. The Councell Meldenum. ↩

197. The Councell of Aquisgrane. ↩

198. Ierom. ↩

199. verse. 26. ↩

200. Exo. 21, 16. ↩

201. Gen. 34, 14. The rapting of Dina. ↩

202. Gen. 29. ↩

203. Exod. 6, 20. ↩

204. What the Schoolmen iudge hereof. Thomas Aquinas. ↩

205. The Pope worshipped as God. ↩

206. One papist against another. ↩

207. Caietane. ↩

208. What the scriptures determine hereof. ↩

209. Gen. 6, 2. ↩

210. The Chalde interpretor. ↩

211. Gen. 34, 2. ↩

212. Looke In Gen. 34, at the beginning. ↩

213. Titus. 2, 5. ↩

214. 1. Tim. 5, 13.
     ↩

215. verse. 21, ↩

216. verse. 7. ↩

217. The Beniamits did not properlie commit rapt. ↩

218. What vnluckie ends haue come of raptings. ↩

219. Liuie. Augustine. ↩

220. In 1. Kings at the beginning. ↩

221. verse. 32. ↩

222. verse. 3. ↩

223. Matt. 1, 5. ↩

224. Gen. 38, 2. ↩

225. verse. 11. ↩

226. Ruth. 4, 13. 2. Sam. 3, 3. ↩

227. 1. King. 3, 1. and 3.
     ↩

228. Iudg. 14, 1. ↩

229. 1. Cor. 7, 12.
     ↩

230. verse. 3, & 8. ↩

231. Looke In 1. King. 11, 1. and Gen. 24 at the end. ↩

232. verse. 4. ↩

233. 1. King. 11, 4
     ↩
234. 2. Chr. 18, 1. and 21, 6.
     ↩

235. 1 King. 16, verse. 31. ↩

236. Num. 25, 1. ↩

237. Gen. 27, 46. ↩

238. Esdr. 10, 10. ↩

239. verse. 14. ↩

240. Deut. 22, 1⟨…⟩ ↩

241. Erasmus. ↩

242. Cyprian. ↩

243. Ierom. ↩

244. Ambrose. ↩

245. A rite of solemnizing matrimonie ↩

246. Ruth. 3, 9. What Ruth ment in desiring to be couered with Boaz cloke. ↩

247. 1. Cor. 7, 39.
     ↩
248. 1. Co. 15, 33.
     ↩

249. The Roman lawes. ↩

250. The decrees of Councels touching marriage. ↩

251. The Councell Agathense. ↩

252. The Councell of Vrbin. ↩

253. Laodicea. ↩

254. Whether the Pope can dispense with this lawe. ↩

255. Num. 12, 1. ↩

256. Gen. 29. ↩

257. Hostiensis. ↩

258. Thomas. ↩

259. A diuorse deuised by the Papists. ↩

260. 1. Kin. 22, 2. 2. Par. 18, 3.
     ↩

261. verse. 2. ↩

262. 2. King. 8, 16
     ↩

263. The example of Iosaphat. ↩

264. 2. Kin. 20, 36
     ↩

265. Titus. 3, 10. ↩

266. verse. 9. ↩

267. Two popes of contrarie opinion. ↩

268. Punishments must be laid vpon heretiks. ↩

269. A free diuorse betweene an heretike and true professor. ↩

270. Deut. 7, 3. ↩

271. An answer. ↩

272. Deut. 21, 11 ↩

273. Matth. 1, 5. Ruth. 4, 15. 2. Sam. 3, 3. 1. Kings. 3. 1 ↩

274. How it is ment that Salomon loued Iehoua. ↩

275. Tertullian and other fathers are put for an answer to Augustine. ↩

276. verse. 14. ↩

277. 1. Cor. 7, 12.
     ↩

278. Deut. 23, 3. and 8. ↩

279. What was to enter into the church of the Iewes. ↩

280. In Iudg. 1. Looke In Gen. 19, at the end, and 38, 11. and 2. Sam. 13, at the beginning. Leuit. 18. 20 ↩

281. Who more than others offend against the degree forbidden. ↩

282. Vnto the degrees expressed by God, the Iewes haue added manie more. ↩

283. Leuit. 18, 2⟨…⟩ &. 20. 23. ↩

284. Gen. 20, 12. ↩

285. Exod. 6, 20 ↩

286. The lawe of nature was darkened through sinne. ↩

287. The fathers must not in all things be excused from sinne. ↩

288. Why God by his laws established matrimonies. ↩

289. The ten commandements were obscured in the harts of men before the lawe. ↩

290. Plato. ↩

291. Rom. 1, 32. ↩

292. Cynara and Myrrha. ↩

293. 2. Sa. 13, 15.
     ↩

294. Incests haue in a maner alwaies had vnhappie ends. Ptolome. ↩

295. Anthonie Caracalla. Nero. ↩

296. The Romane laws forbad to marrie the brothers. ↩

297. The gardian might not marrie his pupill. ↩

298. Cicero. ↩

299. Felix was married to a Iew. Acts. 24, 25. ↩

300. Cicero. ↩

301. The prodigious loue of Sassia. ↩

302. Exod. 34, 16 ↩

303. The godlie must not ioine in marriage with the vngodlie. Augustine. ↩

304. The Pope hath two waies erred touching these laws. ↩

305. Deut. 25, 5. ↩

306. Of marrieng a widowe to the next of kin. ↩

307. The gods of the Ethniks married their sisters. ↩

308. Looke In Sam. 13, 1. ↩

309. Augustine. ↩

310. Cicero. ↩

311. Plutarch. ↩

312. Plutarch. ↩

313. The causes of dissention between kinsfolks is to be cut off. ↩

314. Women by marrieng of their kin are the better vpholden. ↩

315. Augustine. ↩

316. Of marriage betweene cousins germane. ↩

317. Aurelius Victor. Paulus Diaconus. ↩

318. Augustine the bishop of Canturburie. ↩

319. In the scriptures kinsmen are called brethren. ↩

320. In 2. Sam. 13, verse, 6. ↩

321. The schoolmen defend the Popes dispensations. ↩

322. Leuit. 18, and 20. ↩

323. Gen. 2, 23. ↩

324. Deut. 25, 5. ↩

325. Gen. 29. ↩

326. Exod. 6, 20. Gen. 20, 12 ↩

327. Emanuel king of Portugall. ↩

328. Catharine Queene of England. ↩

329. Incestuous marriages. ↩

330. The prohibition of degrees in Leuiticus 18. is morall. ↩

331. Leui. 18, 24. ↩

332. Of the children of Adam. ↩

333. Gen. 29. The example of Iacobs two wiues. ↩

334. We must not liue by examples, but by lawes. ↩

335. Baldus. ↩

336. Looke In 1. Sam. 18, verse, 23. Whether husbands in old time receiued dowries of their wiues. ↩

337. Plutarch. ↩

338. A lawe of the Decemuiri. ↩

339. A custome of the Aegyptians. ↩

340. A custome of the Spaniards. ↩

341. The definition of a dowrie. ↩

342. An error touching dowrie. ↩

343. Dowries must be giuen with moderation and reason. ↩

344. Why the dowrie should remaine whole to the wife. ↩

345. A dowrie is no price of marriage ↩

346. Iointures called ⟨…⟩. ↩

347. Plutarch. ↩

348. Dowries of maides giuen out of the common treasurie. ↩

349. The councell of Arls made a false decree. ↩

350. Ephes. 5, 23. ↩

351. Ezec. 16, 30 ↩

352. Ierom. ↩

353. The wife of Cato. ↩

354. In 1. Cor. 7, verse. 10. ↩

355. Matth. 5, 31 and 19, 7. ↩

356. Heb. 3, 2. ↩

357. Deut. 24, 1. ↩

358. Mal. 2, 16. ↩

359. Christ calleth vs hom vnto the first institution. ↩

360. Why Paule intermitteth the exception of adulterie. 1. Cor. 7. ↩

361. 1. Cor. 7, 40.
     ↩

362. A reason of Christ why matrimonie must not be dissolued. Gen. 2, 24. ↩

363. Whether onelie the cause of adulterie doo make a diuorse. ↩

364. Deut. 19, 5. ↩

365. Lawes of the emperours for causes of diuorse. ↩

366. 1. Cor. 7, 15
     ↩

367. Coldnesse a cause of diuorse. ↩

368. Note a licence of Pope Zacharie. ↩

369. They will that a mistaking of the person, dissolueth matrimonie ↩

370. Erasmus. ↩

371. Matt. 5. ↩

372. Why Christ expressed onelie the cause of adulterie. Gen. 2, 24. ↩

373. 1. Cor. 6, 15.
     ↩

374. Naturall lets whereby matrimonie can no longer consist. ↩

375. The magistrate must be intreated to determin of this thing. ↩

376. 1. Cor. 7, 15.
     ↩

377. Ambrose procured Theodosius to make a new lawe. ↩

378. Christ ment such a diuorse wherin might be licence of new marriage. ↩

379. Such and no other diuorse had the Romans and Grecians. ↩

380. Origin. ↩

381. Ierom. ↩

382. A Canon of the councell of Neocesaria. ↩

383. 1. Tim. 5, 14.
     ↩

384. The foresaid Canon expounded. ↩

385. Ambrose admitteth three causes for a wife to depart from hir husband ↩

386. 1. Cor. 11, 3.
     ↩

387. Deut. 24. 1. ↩

388. Mal. 2. 16. It is confirmed by the prophet Malachie. ↩

389. Num. 5, 12 ↩

390. Among the Romans also it was more lawfull to the men than to the women. ↩

391. Ierom. ↩

392. Augustine. ↩

393. A vaine deuise of the Maister of the sentences. ↩

394. Ambrose. ↩

395. Augustine. ↩

396. The causes why they would admit no new marriages after diuorse in case of adulterie. ↩

397. Rom. 7, 2. 2. Cor. 7, 11. ↩

398. Matt. 19, 6. 1. Cor. 7, 8. ↩

399. Erasmus. ↩

400. Whether matrimonie be a sacrament. Looke par. 3 pla. 8. art. 15 ↩

401. Ephe. 5, 32. ↩

402. Dionysius. ↩

403. Iouinian. ↩

404. Esaie. 50, 1. ↩

405. 1. Cor. 7, 11.
     ↩

406. Paule alloweth not these departings. ↩

407. Augustin De adulterinis coniugijs. ↩

408. Matt. 5, 32. ↩

409. Mark. 10, 4. Luke. 16, 18 ↩

410. Matthew vseth to explicate that which Marke and Luke spake more obscurelie. ↩

411. 1. Cor. 7, 10.
     ↩

412. Ibidem. 11. ↩

413. Chrysostom seemeth to interpret this place as we doo. ↩

414. Tertullian admitteth iust diuorsements. ↩

415. verse. 1. ↩

416. Christ dealt not touching the ciuill affaires. ↩

417. A similitude. ↩

418. Vnder what cautions God granted a diuorse. ↩

419. Gen. 21, 14. ↩

420. Augustine. ↩

421. Michol the daughter of Saule. 2 Sam. 3, 14 ↩

422. Iohn. 8. 11. Christ pardoneth an adulteresse. ↩

423. Augustine. ↩

424. The law of Antonius. Gregories booke. ↩

425. In 1. Cor. 7, verse. 12. ↩

426. To a iust matrimonie is required a dwelling togither. ↩

427. We ought to despaire of no man while he liueth. ↩

428. Rom. 3, 8. ↩

429. Esdr. 10, 11. ↩

430. Augustine. ↩

431. All meanes must be attempted before a diuorse be made. ↩

432. Matth. 5, 32 ↩

433. Three gret doubts. ↩

434. 1. Cor. 6, 15.
     ↩

435. Chrysost. ↩

436. Matth. 5, 32 ↩

437. Idolatrie a greater sin than adulterie. ↩

438. Adulterie more against wedlocke than idolatrie. ↩

439. In 7. Kin. 1. at the beginning. ↩

440. Whether matrimonie is to be cut off for the impotencie of the man. ↩

441. If the husband were ignorant before of his coldnes he may require a diuorse. ↩

442. A lawe that forbad old age to marrie. ↩

443. Which be the verie impediments of matrimonie. ↩

444. 1. King. 2, 17
     ↩