mariage haue in them the auctoritie and maiestie both of the lawe of god and of the lawe of nature and that by very good ryght and reason Amonge the whiche Popes be princypally Calixtus Zachary and Innocent the residue we will not speake of For Calixtus when he was asked why the maryages of kynsfolke were iudged to be vnlefull he answereth Bycause saith he that both goddes lawe and mans lawe hath forbydden them And truely goddes lawe dothe nat onely cast out the childerne whiche were gotten in suche maryages but also dothe calle them accursed and the lawes of manne do calle them infamed persones and do putte them backe from their fathers herytage Further Pope Zachary aunswereth in this maner vnto Theodore the bysshop of Tycin or Pauy askynge counsayle of hym whether that the god doughter might be maryed with the naturall sonne Thy holy brotherheed saythe Zacharie knoweth right well that our lorde did cōmande Moses sayenge Thou shalte not discouer the foulenes of thy father or mother or syster for it is thyn owne foulenes Seinge therfore that we are cōmanded to absteyne from our owne kynrede carnall moche more it is cōuenient that we shuld with all straytenes beware of her that is our faders doughter spritual which place the gloser expoūding doth argue that the Pope al though he wold can not dispēse ī the .ij. degre of cōsanguinite nor yet ī the .ij degre of the fyrst maner of affinitie for the ij degre of cōsanguinite and of this affinite hath his beginning of the lawe of nature And agayne bicause the same degre is forbidden expresly in the old testamēt of god ¶ Furthermore holy Pope Innocent the third also when the king of Hungary had cōplained vnto him of the bisshop of Quiclesiense that he shulde haue misused him selfe with his owne nece he wolde gyue no eare to suche cōplaint For who sayth he can lyghtly beleue that the bysshoppe of Quinclesiēse wold be turned to so shameful passion that he wold cōmit abhominable incest with his owne propre nece seinge that euen after the myndes sayenges of the hethens the lawe of nature dothe not suffre that we shulde suspect any greuous crime betwene suche persons ¶ And the same Pope also folowynge the holy constitutions of the emperours in this poynt For the same consideration dyd make a lawe that prestes myghte kepe theyr moders their doughters and their sisters germayns within their houses ¶ Furthermore the same Pope whan the archedeacon of Byturs sent vnto him to knowe whether that wyfe whiche was departed from her husband without iugement of the church bicause her husbande and she were in so nygh degree of kynred that the sete apostolike coulde nat nor yet was nat wont to dispense with it ought to be restored agayn to her husbande answereth on this maner This woman sayth he which doth knowe the kinred betwene her husbande and her specially in those degrees whiche be forbydden by the lawe of god can not haue to do carnally with this her husbande without deadly synne For all that is not done with faythe and good conscience is synne and what so euer is done agaynste our conscience dothe bylde to hell warde And therfore it were but foly to yeue iugement in this case that this woman shulde be restored agayne to her husbande by cause she oughte not in this poynt to obeye the iudge contrarie to god but rather shulde mekely suffre to be excommunicate For if she shulde be restored agayne vnto this man there shulde ryse a marueylous perplexe and intricate difficultie for she shulde be bounde to do her duetie to her husbande bycause of the iudges sentence and agayne she ought not to do it bycause of her owne conscience seing she knoweth that she is of his kinred And so it shulde come to passe that they shulde be greuously combred and a snare shulde be set for them both to bring them to helle seynge that they can nat carnally come to gethers nor yet be maried the ton with the other Therfore seythe he as often as kinred is obiecte within the degrees forbidden by the law of god it is thought best that iudgement be gyuen that restitucion be made as concernyng al other thinges but as concernynge bedde and carnall medlynge restitucion must vtterly be differred seinge it is better for bothe parties to be discharged in their consciēce vnder this maner than by the other wey to remayne in charge and cumbraunce of conscience And Innocent doth cōfirme in the foresaid place this iudgement of his by dyuers reasons fyrst by the answeres of two Popes Lucius and Clement of the whiche the one vtterly denieth that there shulde be made any restitution in the foresayde case and that they oughte in any wise to knowe of the exception that is whether they be in suche degre of kynrede or no before they come to the article of restitution wherby she shuld be restored home again to her husbande ¶ And the other Pope all thoughe he graunt that she shulde be restored yet whan that is opteyned he thynketh hit is not lefull for the manne whiche dothe knowe of his kynrede betwene hym and the woman nother to paye the duetie of mariage ageynste his owne conscience nor yet that he can require the same of the woman Bicause saythe he if he shulde do it he buyldeth to hell warde no more then he can that is maried to his kynsewoman hath knowlege of his kinrede although there be no questyon nor doubte moued vpon his maryage but onely his owne knowlege and conscience ¶ Furthermore Innocent confirmed his sayenge by a commune opinion and determynacyon of the Canon lawes by the whyche doubtlesse hit is determyned that in degrees of kynrede forbydden by the lawe of god there shulde be no waye to restytution by cause that in those degrees there canne be no dyspensacyon But in those degrees the whiche be forbydden by the lawe of manne there maye be fulle and effectuall restitucyon bycause in these degrees there maye be dyspensation Nor be dothe not synne whiche in this artycle dothe paye the dette of maryage at the commaundement of the Churche ¶ And trewely manye other thynges there be wrytten of the same holye man for this pourpose in other places but our boke wolde growe to an excedynge greatte volume if we shulde wryte them all And these thynges that we haue shewedde gentyll indyfferente reder do clerelye open vnto the what these good Popes haue determynedde vppon these Leuitycall prohybytions of matrymonie whiche is this that they do bynde of necessite bycause they be both of the lawe of god and of Nature so that they iudge that they ought of necessite to be obserued both amonge christian folkes and amonge infidels and the vnfeythfuls ¶ Now besyde al this we shal proue the same by the auctoritie of holy counsayles For doubtles in the counsaile of Tollet it is decreed in this wyse we decree that no faithfull man shall desire to
desire of possession to passe or breake the buttels of londes howe moche more vnrightfull is it for the lustnes of bodely plesure to passe or breake the buttayles of good maners customes ¶ Furthermore saint Thomas sayth agayne in an other place Affinite that is betwene persones before mariage doth let the mariage that is to be contracted and dothe breke the mariage that is contracted al redy euen like wyse as dothe consanguinitie ¶ And in an other place Infidels or vnfaythfuls that be not baptised be not bouÌ„d to the lawes of the churche but yet they be bouÌ„de to the ordinance of the lawe of god And therfore if any infidels shulde coÌ„tracte within the degrees forbydden in the .xviij. chaptre of the Leuiticall contrary to the lawe of god whether both .ii. or one of them be conuerted to the feythe they may not byde styll to gether in suche maryage but if they haue contracte with in the degres prohibite by the ordinaunce of the churche they may abyde styll to gether if bothe of them be conuerted and tourned to the faithe or if the one be tourned and there is hope that the other also wyll be conuerted ¶ More ouer and beside all these thinges the same saint Thomas where as he goth aboute to shewe what is the Popes auctoritie and what thynges be in the Popes power what thinges be not The Pope saithe he hath full power in the churche that is to be vnderstanden that the Pope may dispense with all maner of thynges that be institute ordeined by the church or by the prelates of the churche for these be tho thynges whiche are saide to be of the lawe of man or of the lawe positiue which be no suche maters that they binde of them selfe but only by cause they be coÌ„maunded But in suche ordinaunces whiche be of the lawe of god or of the lawe of nature the Pope hath no power to dispense bicause these lawes haue strengthe and vertue by the ordinaunce of god and they be vpon suche matters that be necessarie of their owne selues vnto the helthe of mannes soule And vnder this maner these lawes muste be obseruid and kepte in all cases and euery man is bounde to kepe them without dispensation For lyke wyse as in the comune lawe of man no man can dispense but he of whom the lawe hath auctorite strength that is the maker of the lawe or els he to whoÌ„ the maker of the lawe hath giuen suche power so in the statutes of goddes lawe whiche be of god haue their auctorite strength of god no man hath power to dispeÌ„se but only god or he vnto whoÌ„ god hath specially gyuen suche power auctorite For euery maÌ„ of what so euer auctorite or power he be is in coÌ„parison to the lawe of god euen as a priuate ê‘son hauiÌ„g no power nor auctorite is in coÌ„parison to a comun lawe of the people Nowe the lawe of god is what so euer beloÌ„geth to the new lawe of the gospell orels to the olde lawe of Moses but this is the differeÌ„ce bitwen the two lawes for the olde lawe did appoynt set fourthe many thinges and gaue many preceptis about ceremonies and outwarde thinges perteyning vnto the honour of god and also diuerse preceptes of iugementes that do serue for to kepe iustice amonge men but the newe lawe of Christe and the law of the gospel the whiche is the lawe of libertie and fredome hath no suche determinations appoyntmentes or boundes but is contente with preceptes instructions of good maners of the lawe of nature and with the articles of the faythe and with sacramentes of grace And for this cause it is called the lawe of faythe the lawe of grace bicause it dothe determine whiche be the articles of the faithe and what is the vertue of the sacramentes As for al other thinges whiche perteyne to the determinacion and certeyne orderinge of suites and iudgementes betwene man and man orels to the orderinge of the seruice of god Christe the maker of the newe lawe did leaue them frely to be determined ordred by the prelates of the church and by the princes kinges that haue the rewle of Christes people wherfore all suche maner determinations and ordinances do perteyne to the lawe of man wherin the pope hath power to dispense but those thinges that be onely of the law of nature and in the articles of the fayth and in the sacramentes of the newe lawe he hath no power to dispeÌ„se for that shulde not be to haue power for to meynteine the truthe but to haue power to distroye the truthe ¶ And a littell after he sayth that the apostel in his doctrine gaue instructions two maner of wayes for some thinges he taught not as his owne but as publisshing vnto them the lawe of god as is this If you be circumcised Christe shal helpe you nothinge at all and many suche other thinges and in these the pope hath no power to dispense And certain thinges he techeth as makinge ordinances by his owne auctorite power For he saith whaÌ„ I come I shal set an ordre vpon the other thinges Also he coÌ„maunded that the getheringes of money for pore people shuld be done on one of their holy days or days of reste the whiche perteyneth not to the lawe of god And like wise also where he writeth that he which is bigamê° or twise maried shulde not be promoted to presthod that is not of the lawe of god but an ordinaunce by the auctorite of man gyuen vnto hym by god ¶ And hytherto we haue rehersedde the wordes of Thomas Nowe beside hym Altissiodorense saythe thus Euery persone is laufull to contracte mariage with any other ê‘son by the lawe of nature a fewe excepte as the father and the doughter the mother and the sonne whiche were except at the beginninge And excepte those persones also whiche be except by the Leuitical For those preceptes that be there be no iudiciall preceptes but moral and perteininge to vertue and good maners ye and we calle them morall preceptes or rules of vertue not of mans teachynge but euen of nature And we saye more ouer that al preceptes of moralite naturall can not be chaunged nor dispensed withal as touchinge the substance of vertues But by the lawe positiue or the lawe of man matrimonie in tymes passed hath ben forbidden vnto the .vii. degree of consanguinitie or kynrede but nowe a dayes onely vnto the .iiii. degree ¶ Ageyn Peter of Palude resoninge whether the pope hath auctorite and power for to releasse dispense with these Leuitical prohibicioÌ„s The pope sayth he hath no power to dispense in the fyrst degree of affinite no more than he hath in the fyrst degree of consanguinitie bycause that it is contrary to the lawe of Nature and of god also For we do reuerence vnto our fathers wyues as we do to our owne mothers Maryage also is forbydden by the lawe
this definition He wyll streicht condemne it as falsly forged coūterfet shal reason and say that it is not made formally clarkly maisterly nor after schole lernynge And agayne he wyll fynde cauillations and say that it is not large and generall inough For that it doth not conteyn the lawes other cōsultori or permissiue that is to saye lawes that giue coūsaile and lawes that do suffre and permit and this he wyl obiecte bicause we haue defined that onely to be the lawe of god which doth bid or forbid Moreouer he shal cry out say that ther lacketh the finall cause or ende that is gettynge of the eternal blis so that by this note or marke goddes law might be distinct and knowen a sondre frō the iudiciall ceremonial and mans lawes the whiche he wyl say be not the lawes of god by cause that the nexte and streicht intent of them is not to ordre leade man to that ende whiche is laste of al and aboue or beyonde nature and how that he shall lyue with god in heuen but only to an ende natural howe he may lyue in a cōmen welthe and in company of men whiche is called a politike or a ciuill ende Fynally he wyll fynde cauillations say that it is a new or a strange definition and made of our owne heed and far vnlike the definitions whiche haue ben so lōge vsed receyued in the scoles Of the whiche this is one that goddis lawe is a true signe or tokē notificatiue which sheweth to a resonable creture the richt true reson minde of god willīg the same creature to be bōde to do somwhat or not to do to suche like definitiōs as this is These such other resons he wil perauenture forge and imagin who so euer he shal be that wil be curious in weying examininge this matter more than richt and reson requireth But we do appele frō suche iugementes to a resonable indifferent and a lerned reder to whome we doubte not but that we shall lyghtely persuade and proue that it was neuer our mynde to plucke downe or breke tho thynges that haue ben receiued and approued and that we haue expressed and declared not vndiscretely and without consideratiō but perfectly inough by this definition the substaunce or nature of the lawe of god ¶ For fyrste seinge that al lawes either be the lawes of god or man and the lawes of man be all those that be ordyned made not by the mouthe and spirite of god but immediatly of man and by the wyll tradicion and auctorite of man and that commande thinges that be honeste or forbyd thinges that be vnhonest for some cause agreable to reason whether this cause be euerlastyng or during for a tyme Furthermore seinge that all that euer god dydde speake in approued scriptures thou canste not cōueniently call them lawes or cōmandementes but them onely whiche do cōmaunde or forbyd any thyng and the whiche of necessitie bynde vs to do as they bid and commande vs Finally seinge that all men do surely beleue and so ought to beleue that the vniuersal church alone hath that key of knowlege and also of power wherby she may discerne and iuge by her auctorite the wordes of god frō the wordes of men By these forsayd .iii. reasons we knowe that a gentyll and an equall reder can require nothinge more in this our definition And we trust that he wyl openly graunt that it is not vnlyke or disagreynge from those definitions that be receyued and approued for as moche as is perteynynge to this purpose ye and that it is also somwhat more fytte and conuenient thā these other be This chiefely was our intent and pourpose that we myghte declare and set forthe the lawe of god after suche maner that it shulde not alonely be euidēt and playn wherby it differeth from mans lawe but also that we shulde ascertayne you what it is as it dothe comprehende the lawes moral iudicial and ceremonialles as many as be rehersed in holy scripture to haue ben ordined and made of god and as do bydde or commaunde any thynge to be done or not done whiche all alyke we compte to be the lawes of god ¶ For as for the streyt or streytest takyng or definition of the lawe of god we did not so moch regarde it and of purpose and for the nonse we dyd leaue out the lawes consultory and permissiue For when the scripture dothe counsayle or suffre vs to do or not to do any thynge this is gentylnesse goodnes and perfectnes of lawes rather thā the lawes selfe bicause it is a point of a good and a perfect lawe to counsayle and suffre those thinges which be nother to be bidden nor forbyddē And yet if any body wyll examine and trie out this definition of ours by the rules of logike perchaunce he shal fynde that it is absolute and perfet in al pointes But it is no tyme here to playe the logition and to brynge proues not necessary nor requisite in a matter playn and euident inough ¶ For we haue declared as we thinke sufficiētly inough what goddes lawe is and also what lawes be worthy to be referred and counted in the ordre and noumbre of goddes lawes and what lawes agayne oughte to be banysshed out amonge the sorte and route of mans lawes Morouer of goddis lawes the diuines make thre kindes that is to sey moralles whiche also be called naturals and iudicials and ceremonials The difference of these the Diuines fynde out on this maner ¶ They calle morals whiche teache and gyue preceptes of the actes offices or dueties of morall vertue that is to saye they shew howe a man shall do vertuously and after good maners what dedes be good and what be not ¶ Iudicials they calle those lawes whiche giue preceptes of particuler actes of Iustice betwixte man and man and preceptes of punishementes and rewardes as euery man deserueth ¶ And ceremonials they call whiche commande vs to do certayne outwarde dedes to the worshipping of god from whēs the name of ceremonies seme to haue sprōge come vp ¶ we will speke nothinge here of ceremonials whiche pertayne nothinge to our purpose by cause that our matter is no cerimonie As for the difference or diuersite of the moralles and iudicials howe thei ought to be takē vnderstād we must nedes declare more plainly For herebi we haue sene men that wel lerned oftētimes blynded deceyued while they thought that this worde Iustice whiche is large conteyneth many kyndes vnderneath it to be single and conteyne but one kynde nor to be taken but one weyes onely where as in dede there be diuers kyndes of Iustyce ¶ One kynde of iustyce is called Legall vniuersall or generall an other is called particular ¶ Legall or generall Iustice is whiche generally conteyneth all vertues vndernethe it and it by it selfe alone is all hole vertue that is euen as scripture
dothe calle a iuste man for a good and a vertuous man and iustice for goodnes and vertue as contrary wyse iniustice generall is not part or a kynde of vice but it hathe in it holly all vice and synne that is ¶ And nowe of particular iustice there be ij kyndes Distributiue and CoÌ„mutatiue ¶ Iustice particular distributiue standeth in distribution or partynge of honour promotion or of money or of other thinges whiche maye be distribute amonge them that be felowes of one citie or coÌ„munalte For these thinges may be diuided amonge vs equally and vnequally and so iustely or iniustly ¶ Particuler iustice coÌ„mutatiue is ordined to mende and correcte suche bargaynes as we make one with an other Therfore when there is ani doubte or question of this poynte of iustice we go to a iudge whose office and deutie is to make them euin whiche be not euin as when he dothe condemne a man in a summe of money and so taketh awey the wynnynge from him whiche had more than ryght afore by deceyte and wronge Than whan the hurte is ones measured and estemed one parte is called losse thother wynnyng and he is called the wynner that putteth the other to losse and he the loser that hath losse ¶ These thynges we haue spoken for this pourpose that we shulde vnderstonde that the Diuines while they say that the iudiciall lawes do treate vpon particular actes of Iustyce betwene man and manne they wyll and meane that the Iudicials onely commaunde and teache by what meanes and punisshementes those thingis maye be correcte amended and brought to a iuste and an euen poynte whiche belonge to particuler iustice to order likewise as morall preceptes belonge to general iustice to order And plainly if any man wyll serche seche out the exacte meaning definition of the iudiciall preceptes specially that be spoken of in the olde testament he shall fynde that they only be iudiciall and so ought to be called whiche be statutes of peynes or at the leest those whiche god in tyme passed dyd answere vnto Moses whan that he asked hym counsaile of the sutes and controuersies of the Iues. For seynge the begynnynge of wysedome is the feare of our lorde that same people so stubbourne and intractable oughte for feare of punysshement to haue ben moued and prouokedde to vertue and to be drawen backe from their wonte and accustomed synne leste that they as men vnreuly and intractable shulde by theyr synne so greatly haue moued and prouoked god that they shulde rightfully and of their deseruing haue gone downe quicke to hell Therfore afterwarde that the morall preceptes were gyuen in the mount called Syna with incredible feare and horrour or quakynge of the herers anon after were gyuen them also the iudiciall preceptes in the whiche god did nothing els but teache and shewe what vengeaunce oughte to be taken vpon them that do trespas and traÌ„sgresse those forsayd morall preceptes For the iudicials as Thomas saythe haue their name of this worde iudgement And as for this worde iudgement betokeneth exercysynge of iustice whiche is done by reason applienge the lawes or rules of iustice certainly to suche speciall cases as belonge only to the ordryng of some certaine people amonge them selfes that considering the state of that people only for saith he seing the moral preceptes be coÌ„mune to al people and that many of them specially of the affirmatiues do apoint neither time place nor maner how to kepe them it is necessarie that these circuÌ„stances be specified determined by some lawe either of god or man And therfore as that general commaundement that god must be honoured and worshypped is specified and declared outwardely by ceremoniall preceptes so lyke wise that same coÌ„mandmeÌ„t of kepyng iustice amonge men called the lauful or generall iustice is determined by the iudiciall preceptes that is done by a iudge applyenge the vniuersall fyrste rule of generall iustice to some particuler matter to the priuate state of some one coÌ„mun welth and to the profet and benifyt of the same only ¶ By these foresayde thinges we thynke that it is euident and playne what lawes ought of rycht to be called iudiciall lawes of god Truly those whiche haue beÌ„ made ordined of god him selfe iÌ„ holy scripture to the gouernynge not of all people but of the Iues to gether amonge them selfe and that in suche thinges as perteyne to particular iustice and haue no morall reason in them selfes nor shulde be of no strengthe nor auctoritie if there were nothynge but reasone to moue thereto but the cause of their makynge was the state of that people and other auctoritie and strength haue they none but onely by cause they were made for their auctorite staÌ„deth rather in that they be decreed and commaunded thaÌ„ in any reason of general iustice of god as whiche stonde more in decrees and penalties then by reule or by reason of commune iustice For there is no commune nor generall iustice in them but they be onely iuste for them that they were made for ¶ And thus we haue shewed the what is the iudicial law of god Now iÌ„ the definitioÌ„ or certeintie of the morall naturall lawe is great derkenes and doubtfulnes bicause it is coÌ„munly vnknowen nor hath not ben written nor declared clerely and diligently of any diuine as farre as we haue redde by what shorte and substanciall waye we myght fynde out by a sure facion of reasonynge what is the lawe of nature howe many kyndes there be of it and also whiche be the thynges that natural reasone shulde shewe and teache vs. These thynges doutles be very darke and ouer rolled and wrapped in moste depe and thicke derkenes by cause that all people on al sydes in maner by a commune consent and agrement folowe vice synne and of so longe tyme hath fallen away and cleane forsake their very propre nature so that partly by cause there be so many vicious customes partly by cause there be so many vayne opinions misordered iugementes so many croked errours and ignorance so many frowarde maners fynally bicause there is so great diuersitie bothe of mens wyttes and of mens appetites and disposytions the holy light of nature is in maner vtterly extincte and put out and skante appereth or sheweth it selfe at all any where and the sharpe or quicke syght and trewe iugement of mans reason by the whiche he shulde knowe what is good what is yll what is true and what is false destitute of his lyght and rightnesse and lackynge the holy goste or spyrite of god whiche is the ruler and gouernour of reasone is vtterly become obscure and darke Therfore here we muste reste and tarye a lytle whyle that as farre as our wytte capacite will serue vs and this our matter wyll suffre we may gyue lyght to these darke thinges and vndo the knottê of the doubtes so as it may be ¶ Ther is in maÌ„ all though it be meruailously
all goddes lawes and mannes yet for all that all these do thinke surely that these thinges ought not to be done and thus they thinke not taught by mans lawes but by a certeyne vertue and licht of naturall reason planted and groūded in them For els howe shulde this be that these hethen Poetis hethen hystory writers and heathen lawemakers shulde almoste in all their workes speke so moche of this kynde of Incest and of the peynes and punisshementes with the whiche all nations were wonte to reuenge this not to be spoken vice And who is he whiche hath sene any thinge in the writinge of the olde histories and lawes but he knoweth that this maner of inceste hath ben hadde in great infamy reprofe and sclander and that not in one citie or countre but almoste in euery place and amonge all men hath ben condemped as a certaine wickednes agaynste nature ¶ Abimelech a good and a iust man after the maner of the lawe of Nature and also greatly lauded and commended of god dyd he not thinke and iudge that it coulde nat be possible that Sara might be bothe syster also wife to Abraham the whiche Abraham whan he went about by al meanes that he coulde to kepe it close that Sara was his wyfe he had no strōger reason for him than for to say that she was his syster The whiche answere of Abraham shulde in no wyse haue pleased and contented the Egiptions and Gerarites if those nations had thought that the sayd Sara coulde haue ben bothe his syster and his wife As if a greke wolde aske me whether I were a maryed man I shulde folysshely answere him agayne and say that I am a preest where the greke knoweth well ynoughe that one and the same selfe man may be bothe a preest and a maryed man and all at ones So Aristotell a great philosopher it is an vnreasonable thinge saith he that Socrates did forbyd the mariage of them that be of one bloud for none other cause but that there shulde haue come to moche pleasure of it and that it maketh no matter whether he marye his mother his doughter or his sister ¶ And a man maye here of the hystoryes and the Poetes what infamye and shame is spoken of Macareus Caunus Cydon Pub. Clodius whom Cicero accused of incest Marcus Antonius themperour Ptolomeus Euergetes Cesar Caligula Cōmodus the emperour Ptolomeus Philadelphus brother to Hypermestra Cambises kyng of Perse and all bicause they defiled their sisters by the not to be spokē plesure lust of the flesshe Nor truly it is no smal infami nor can not be lichtly wasshed out wherwith these persons here folowynge be noted in the histories Thereus kyng of the Thraciens bycause he had to do with his wyues syster Thiestes by cause he had to do with Europa his brothers wyfe and also with his doughter Pelopeia Aufilena by cause she had a do with her fathers brother Hypermestra bycause she did by deceyte obteyne her pleasure of her husbandes brother and also Flauius Domitian Theodorycke the Frenche kynge Leucon and Philippe brother to Alphōs the king of Hyspayne those truely bicause they dyd corrupte their brothers doughters and these bycause they coupled them selfe with their brothers wyues ¶ And more ouer the prudence and wysedome of the Emperours hathe thought that the naturall bonde or leage wyll not suffre that we shulde suspecte or presume any suche heuy cryme betwene these persones yea it is prouided for also by the sacre lawes of the same emperours and openly commaunded that no man shulde marie his brothers wyfe or .ij. systers no not al though the mariage be by any meanes broken vndone but that they shulde al absteyne from incest mariages And leste this vngracious licence and leude libertie shulde be strengthed by any damnable colour or cloke it pleased themperours also that al suche rescriptes and writtes and licences graunted bi the emperour and that with the aduise of his counsayle also all maner of other lawes cōstitutiōs shulde vtterly be anulled and taken a waye whiche hath giuen licence to certeine persones in the tyme whan tyrannye reigned that suche vngracious mynglinge shulde haue the name of matrimoni and that it shulde be lefull to couple our selfe by most foulest medlynge or couplynge that can be to our broders doughter or our sisters doughter or her whiche had dwelled with our brother in tyme passed vnder the rycht title of mariage ¶ And that the lawemakers haue euermore taught iudged to be most shameful and abhominable that any man shuld marie him selfe to his brothers wife it is euident and playn by this reason bycause all heathens euery one after the custome and maner did with diuerse sore punisshementes execute the lawe of these incest and filthi mariages somtyme buryenge suche vnchaste women quicke sometyme gyuynge them libertie to chose their deathe and as for the corrupters of them some al their goodes were confyscate and escheted and they banysshed nor coulde not be suffered to make any testament nor to haue their children their heires some commaunded to be beaten to deathe with roddes in the comen place and in the sight of al the people And some that their sheldes and armes shulde be plucked downe and their titylles and feates to be scraped out And did also decree that all mencion remembrance memoriall of them shulde be fordone ¶ But truely it shulde be infinite and an endles labour to reken vppe al the incest persones or the peynes giuen them by the lawe the infamy commune hatrede and sclaunder whiche they were in not in one or two cities or nations but euery where as far as the worlde is wyde whiche dyd not refrayne them selfe from this kynde of incest ¶ Furthermore that to marie our systerne is forbydden by the lawe of nature appereth playnly by this that al the most approued doctours of the Churche do excuse suche mariages bi necessite and what shulde it haue ben nede to excuse them vnder colour and pretēse of necessite if it had not ben of it selfe ▪ vnleful and euill ¶ But let vs harken what Chrysostomus sath vvilt thou knowe saith he by what meanes it was lefull somtyme to haue our sisters to our wyues Howe hadde Cain and Abel Rasan and Edodam their sisters and did nat sinne bycause the scarsenes of men and women and the necessitie excused that sinne Afterwarde when the nombre of men and women was increased the said euill came into his owne nature and began to be sinne And at that tyme it was in vse and custome that one man mycht laufully haue many wyues but afterwarde the worlde ones increased and multiplied than this iuell also came to his owne nature and began to be sinne ¶ Also saint Hierome doth plainly meane bi those wordes that were rehersed before out of him that nature doth so greatly abhorre suche mariage that it ought not to be named or spoken leste
cloke going backewarde did hide and couer their fathers priuities by cause they wold not se their faders priuie membres And so doing they had their fathers blessynge and Cam hadde his curse On this maner ought tho prohibitions that we shuld not marie our brothers wyfe c. to be weyed and examined For seynge our brothers wyfe is one flesshe and bloudde with her husbande and he lykewyse one flesshe and bloudde with his brother it foloweth well that the brother and the brothers wyfe be not .ij. but one flesshe and bloud and so consequently that they can not be ioyned to gether by mariage seinge that it is necessary before they mary that they be diuers flesshe and bloudde and so by maryage be no longer .ij. bodyes but be made one fleshe and bloud ¶ For matrimonie is forbydden betwene persones of consanguinite and affinite bycause that betwene these persones there is a certayne naturall amitie and frendship made by the institution of nature whiche dothe not nede the helpe of maryage to strength it but those persones ought to be coupled to straungers and nothynge of bloudde to them to increasse amitie loue and charitie whiche is increassed by marienge of straungers to gether By cause that these persones whiche before were not bounde to gether one to the other by any specyall bonde shulde nowe be made frendes and louers by the richtes and lawes of maryage in the whyche frendeshyppe and loue standeth the faste knyttynge to gether of hartis and myndes and vnitie of wylles And likewise as there nedeth no maryage betwene them that be of consanguinitie and affinitie to make loue and charite and to be of one wyll minde no more there nedethe no maryage for to make them of one flesshe and bloudde But those persons must be coupled by mariage to them that be straungers and nothyng of their bloud to make mo persones of one flesshe and one bloud that by this meane they whiche before were not boūde one to an other naturally by any bonde of carnall cōiunction now by mariage shuld be made one flesshe and one bloud by the whiche mariage diuerse persons be ioyned to gether and made one body For by carnall copulation the man and the woman be made one body and by maryage they the whiche were twaine before be nowe no more tweyne but one flesshe and bloudde The whiche reason also our sauiour Christ in his godspell doth not abrogate nor take a way but renueth it sayenge Therfore now they be no more tweyn but one flesshe and bloudde By the whiche wordes it is euidente and playne inough that the lawe in the boke of Genesis wherin it is sayde THAT a man shuld leaue his father and mother and sticke to his wyfe dothe not seme to be put as a rule of graunte and lycence to mary in all other degrees onely the father and mother except but that it shulde rather teache vs that the vnite of flesshe and bloudde betwene man and wife ought to be indissoluble and neuer to be broken And that the same vnite of flesshe and bloudde seynge that it is amonge the parentes and the children betwene whom also is naturally vnite of persons and that they be naturally as it were one selfe same persone it dothe let mariage betwene them specially and generally be twene all other that be forbydden ¶ And this forbyddynge of maryage by the meanes of VNITIE of the flesshe and bloudde if we wyll knowe howe farre it extendith we must loke for it in the Leuiticall lawe For all though as Dunse wrytethe euen after the multiplication or increasse of mankynde if they had perseuered and abydden in their innocencie and goodnesse god wolde haue forbydden other degrees besyde the fyrste For truely there is nothynge almoste so necessarye to men as to knowe the natural lawes of marieng yet for al that god hath in no place in the olde Testament expressed those degrees so playnely and shewed howe farre their bondes do extēde and what persons nature abhorreth to be maryed to gether as he hath done in the Leuiticall ¶ And nowe to retourne backe to our purpose where as we lefte Truely if it be a poynt of chastite and a poynt of naturall loue not to discouer the dishonestie of thy brothers wife and if these Leuitical lawes cōmaunde the to do them this duetie this honour and this reuerēce and to restreyne thy luste and desyre of incest pleasure from them and to absteyne and kepe backe thy handes from so fylthye and abhominable a dede Fynally if the same prohibitions be greatly profytable to increasse and inlarge loue and charitie betwene christian men which loue and charite by this thing chiefly doth increasse if there be made frēdeshipe amonge them whiche be not coupled before by none other naturall bonde of loue playnely we muste nedes confesse and graunte that those Leuitical lawes be fit and cōuenient to forme and ordre mens maners and that they do agre with the teachinge of commune Iustice or honestie and vertue and that they belonge to the dedes and duties of the morall vertues For they truly forbydde the that thou discouer not the foulnes and dishonestie of thy brothers wyfe for the whiche thynge our lorde reproueth and dampneth bothe the Chananeis and also the Egyptions wherfore if thou discouer it streicht thou haste broken the rule and the order of vertue And the lawe of nature and naturall reasone as soone as they be illychtenedde with the lawe of god they shall crye oute agaynste the and thou muste nedes be called playnly an euel an vnreuerent man to thy kyn and an inceste persone For who wyll denie but that piete and chastite and holy kepynge of mariage cleannes shamfacidnes of nature shame reuerence towarde our kynsfolke and spreddynge abrode of loue and charitie be conteyned vnder the rule of cōmune Iustice or vertue The whiche vertues all no doubte were the cause why these prohibitions were ordyned and they be the thynges that of them selfe be honeste are to be beloued and desired for them selfe and do promote and helpe a man to the obteynynge of the eternall blysse Al be it truely there be many other morall resons or vertuous honeste causes whiche a man maye gether partly of the very nature and qualities of the dignitie or worthynes of maryage of subduynge or repressynge of bodyly pleasure and partly of comlynesse and partly of other circumstances whiche were the cause without doubte why these prohibitions were ordyned And seing the causes why these thinges shulde be forbidden be so honeste and necessarye truely the forboddes and lawes them selfe muste nedes also be honest and necessary ¶ But it passeth mans capacitie to entre ouer far ī to the coūsailes of god beginner For seinge loue and charitie is the marke perfection and ende of all the hole lawe of the gospell and the lawe of the gospell is the lawe of loue and charitie and seynge that Christe toke moste thought and care
marie our brothers wyfe be the lawes of god And more ouer lawes moral longynge to vertue and good maners and not iudiciall And this is no doubte seing that they haue in them naturall reasone fetched from the begynnynge of the worlde euen out of the secrete ordinaunces of nature For we haue proued by the auctorite of god or of holy scripture that as it was ordyned of the moost beste mynde which is god euen so it was ordined vpon the moost beste reason and consyderation that is onely for a zele of chastite of naturall shamfacidnes and other vertues that no man shulde marye his brothers wyfe we haue shewed howe agaynste nature howe fylthy and abhominable it is and vtterly vnmete for a christian man to contracte mariages in that degree we haue shewed howe greatly contrary it is to the ordre of loue and of the reuerence that shulde be betwene kynsfolke and what a confusion it shulde cause of names of kynrede how moche it is ageyn the increase of loue charitie we haue shewed that holy deuoute christian eares do abhorre it and can not suffre to here it spoken we haue shewed that besyde the great punisshmentes and vengeaunce that god taketh on men in this lyfe that also the punisshement of the euerlastinge fyre of helle abydeth them whiche be not afrayde to commit this syn By the whiche reasons without doubte it is euident and playne that these Leuiticall prohibitions be the lawes of god and morall bicause they cōmande those thinges to be don that be honeste and forbydde tho thynges that be foule and inhoneste and suche thynges as the naturall reasone of man clered by the lychte and bryghtnes of the worde of god sheweth that they ought to be done or not done accordynge to the rule of generall iustice otherwyse calledde vertue and honestie and so they be of strengthe and auctorite to bynde man to kepe them euen by the instruction of reasone so illychtned and restored and that thoughe they were neuer commaunded by none other lawe ⧠The seuenth Chapter NOwe seyng that the commun consent of all wryters and expouners of mannes lawe and goddes lawe specially those that be approued by the iudgement of the churche hath stedfastly holden and obteyned as a thynge to be taken for a treuthe that all the morall preceptes of goddes lawe do yet indure sacre and holye and by the lawe of god do bynde vs so streytely and of suche necessite that they be not vnder the power of the churche and that no persone vnder god hym selfe can release the streite bonde of them and lose from them whom it pleseth him Truly it is euident that no pope can bi any dispensation giue licence that a man shuld mary her that was his brothers wife the whiche as we haue shewed you before is forbiddē and that the prohibicion is both the lawe of god and the lawe morall groūded vpon honestie and vertue But bicause that this our conclusion may stonde yet the more stedfastly ageynst al cauillacions false accusations and vnrichtfull out cries and sclaunders of all persones we wyll assaye to declare stablysshe these thynges more largely bothe by other reasons and by other sayenges of auctours In the whiche thinge we be all mooste ouercome with the multitude and great noumbre of them so that scante we can telle where we shall fyrste begynne ¶ But let this be the fyrste That all preceptes whiche be commanded by the lawe of god the law moral do bynde vs to do them so that without remedye we muste nedes kepe them if we wyll be saued For suche cōmandemētes do so expresse and declare the minde of god our lawmaker and be so grounded vpon the precise rule and teachinge of cōmune iustice whiche rule of cōmune Iustice or vertue came of the wyll of god that is moste iuste and moste beste to forme and ordre vniuersally the maners and lyfe of man and finally haue so moche of the nature of very true vertue in them that there can chaunce no case nor no resonable cause be imagened but that if we do contrary to them streicht waye we do contrary to the wyll and pleasure of god whiche specially regardeth the commun helth and saluation of all and do peruerte and tourne vp sette downe the ordre of verye richt and honesti destrue al the nature and course of vertue and fynally it can not be chosen but that we muste falle foulye and wretchedly into shamefulll vice and synne In so moche that what so euer pope wyll go aboute to dyspense with the bonde of them he truely shall do nothinge els but peruerte the ordre of iustice or vertue and breake the course of vertue and giue leude liberte to synne that is to abuse his auctoritie and power to destruction not to buyldynge and settynge vp contrari to the sayenge and mynde of thapostol For thus vsynge his power he shulde destroye vertue and set vp vice For what licence can be gyuen or what recompense can there be for this that a man might haue libertie to synne and not to kepe hym selfe from vice what perdon or dispensation can there be that god shulde not be worshypped and it to be no synne what cloke or colour can be founde that a man mychte commytte adulterye but that the selfe same colour shulde tourne vp so downe all vertue and publyke iustice what power maye make it laufull for vs to murdre and steale these thynges kepynge their names and theyr natures of murderynge and stealynge ¶ Nowe then seynge that nothynge can perteine more to the .x. commandmentes nor more strongly moue the iudgement of the richt reason then can natural reuerēce the holynes of chastite the increase of loue and charite the holy kepynge of mariage shamefacydnes and loue towarde them that be of our bloud and our affinite and finally al other vtues whiche as we shewed sufficiently before were the cause that these prohibitiōs were made we ought to beleue that with them truely the pope can in no wise dispense And this thing is easie to se bycause that the reason of these Leuitical lawes is suche that in no case it can not be disseuered from them by cause the reasone is grounded vpon suche naturall vertue and honestie whiche must neuer be lefte vndone yea and seing that now there is suche multitude both of mankynde and womankynde there can be no case imagyned for the breakynge of those prohibitions whiche for any profet or nede shulde do so moche good as is the goodnes that cometh by kepinge of the same ¶ yea and more ouer many wytnesses of scripture do euidently proue that in these thinges whiche be commaunded by the morall lawe of god we shuld euer do and teache that that is cōmaunded hauynge no regarde of sclaunder or of necessite amonge the whiche be these places chiefly HE that loseth any of these least cōmaundementes shall be called the leaste in the kyngdome of heuen Agayn this IF thou
Therfore seyng that from this dede nother the ylnes of it can be taken awaye nor any goodnes put vnto it by any other maner of meanes but that the mynde and wyll of the lawemaker must be chaunged truely there can none dispense with suche lawe but he that shal be able to chaÌ„ge also the wyl and minde of the lawemaker For the dyspensation causeth that he with whom we dispense is not bounde to that thinge to the whiche before it apered that he was bounde by the wordes of the law But no pope of Rome can change the wyl of god For he seinge he is Christis vicar oucht to folowe Christe to do as Christe did and not to contrarie him in any thing nor in any thynge to swarue from his doynge and Christe nother did nothing nor sayde nothinge but onely that he had taken of his father nor brake nothing of theÌ„ whiche his father commanded and wolde haue done And seinge that the pope hath taken of Christe shepe and lambes to fede with the lernynge of the churche or of the gospell and is onely made a minister and Almoysnar or dispenser by Christe of the sacramentes which be ordined of god and Christe Finally seynge our lorde did commaunde hym to teache all men to kepe all maner of thynges what so euer he hadde commaunded them god forbyd that the Pope of Rome shulde thynke it lefull for hym to chaunge the wyll of god and that he hadde power to couple those persones to gether by mariage whom the law of nature of Moses wherof god him selfe is the auctor hath forbiddeÌ„ to be coupled to gether For if he shulde do it plainly he shulde not be that blessed and faythefull almosynar and dispenser of the worde of god gyuynge in tyme measure of corne by the whiche mens spirites shulde be refresshed and their soules shulde lyue but he shulde rather be a wretched vnhappy waster and a spender that shall be cast out in to extreme darkenes and shulde be the enuious felowe whiche sowed amonge the good corne that is to say iÌ„ the scripture of god plenty of Cockel or Darnel and suche other wedes whereby the soules shulde waxe lene and perisshe for euer For Christ him selfe saith HE that hath my COMmandemeÌ„tes and kepeth them that is he that LOueth me and he that LOuith me not doth not kepe my commandementes ¶ Vpon the which sayenge Cyril writeth thus These thinges saith he haÌ„ge merucilously well to gether so that the tone must nedes folowe of the tother For if to kepe the coÌ„mandmeÌ„tes of god is to loue god it must nedes be that to breke the coÌ„mandemeÌ„tê of god is to hate god and seing that no maÌ„ can loue god and breke the coÌ„mandementes of god howe then by any maner of iuste and laufull cause maye the Pope gyue lycence that a man shulde discouer the foulenesse of his brother the whiche dede nature and the lawes of god do abhorre except he wyl runne into that moost rychtefull condemnation whiche Paule threteneth them whiche do euyl thynges that there may come some good of them ¶ Truely pope Zosimus saythe That the auctorite of this seate of Rome can change nothynge ageynste the decrees of the holy fathers ¶ Also pope Leo writeth to Anatholius and saith that the ordynaunce of the Nicean counsaile coulde in no case be dispensed withall at any tyme. ¶ And so Isodor in the boke of the councels citeth that pope Damase sayth Bicause that suche persones may and that not without reason sayth he be thought to blaspheme and speake vnreuerently ageinst the holy gost whiche constreined by no necessite but of their owne plesure and of a frowardenes do take vpon them any thinge that is ageynst the holy canons or els consent willyngly to other that wyl do any suche thynge Therfore the rule of the holy canons whiche be consecrate by the spirite of god and by the reuerence and allowyng of al the worlde we oucht faithfully to knowe and we must handle them diligentely lest that we do breake by any meanes whiche god forbyd the statutes and decrees of the holy fathers without ineuitable necessitie ¶ And the selfe same Pope Damas wold not take vpon him to determine the cause of Bonosius the bishoppe by cause that the Synod of Capua had committed it be fore to be examined of other iudges playnly shewynge that it was not his parte to medle with those matters in the whiche the Synode had medled before ¶ And finally pope Hilarius wolde haue his decrees confirmed by the counsell ¶ By all the whiche reasons it is euident and playne that euin in those lawes whiche be only the constitutions and ordinances of the holy fathers the Pope can not dispense without in euitable necessitie and suche necessite as can not be other wyse auoyded Nor truly it is not conuenient for a prince or a reuler to desire to abrogate and adnull without consideration cause that thinge that a nother prince or gouernour hath ordyned with great studye and peyne and for weighty causes howe moche lesse than oucht that to be suffred that other the pope him selfe doth ageynst the lawe of god or gyueth lycence to other men to do it Specially seynge it is not founde in no place of goddes lawe nor yet in the ordynances of the fathers that any suche power is grauÌ„ted to the pope ¶ For by these wordes VVHAT so euer he shal lose vpon erthe shall be loosed in heueÌ„ And VVHAT so euer he shal binde in erthe shall be bounde in heuen he hath doubtles power giuen him not wherby he micht reuoke the lawe of god or breke and dispense with any parte of it but he hath power to bynde mennes synnes and that not generally and in all cases but fyrste it muste be supposed that he vseth his Keye with such discrecion and richt iudgement as he ouchte to do Therfore Christe before he spake these forsayde wordes sayde thus as folowethe I SHAL gyue the the keyes that is to saye I shall gyue the power to discerne and iudge leprye from no leprie and power to lette in and shutte out from the kyngedome of heuen all suche as thou haste so iudged by rychte And nowe what discrecion and rychte iudgemente shulde this be if the Pope wolde take vpon hym for to coupul to gether in mariage by his dispensacion those persones whome the lawe of god of nature doth forbyd to come together seynge GOD hath commaunded that his commaundementes shulden be kepte to the vttermoste poynte Truely though in the orderynge of those actes whyche of them selfe be indyfferent and nother good nor badde his Keye of power in a maner reuleth more thanne his Keye of lernynge and scyence yet for all that in the determinacion and orderynge of thoo thynges that perteyne to our beleue to honestie to vertue and to good maners it is contrary For in these thinges his power determineth nothing but that lerning hath determined