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A10054 A treatise of the nobilitie and excellencye of vvoman kynde, translated out of Latine into englysshe by Dauid Clapam; Declamatio de nobilitate et praecellentia foeminei sexus. English Agrippa von Nettesheim, Heinrich Cornelius, 1486?-1535.; Clapham, David, d. 1551.; Margaret, of Austria, Regent of the Netherlands, 1480-1530. 1542 (1542) STC 203; ESTC S104365 25,704 101

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sayth A prince that is to saye the Emperoure or kynge is aboue the lawes and although the empresse is bonde by the lawes yet the emperour frely granteth her as great priuileges as he hath hym selfe Wherfore it is permitted vnto noble women to iudge to arbytrate and decyde matters to doo and take homage and fealtie to keepe courtes and mynyster Iustyce amonge theyr tenauntes And for this pourpose the woman may haue couenant seruauntes of her owne as well as the man may and a womanne may be iudge yea amonge straungers She maye also gyue name to her familie and kynred so that the chyldren shalbe named after their mother and not after their father And in dyuerse places of the lawe cyuyle womenne haue touchynge theyr doweries many great priuileges graunted them Where amonge other thynges it is ordeyned that a woman of good name and fame shall not be imprysoned for dette and the Iudge that commytteth her to pryson shall lose his heed If she be suspected of any faute she shal be putte into a monasterye or secrete place or elles be delyuerid to womē to be imprysonde by them For the lawe saythe A woman is of better state and condition than a man and also in one selfe kynd of offence the manne trespasseth more than the woman Wherfore the man taken in auoutrie loseth his head but the woman aduouterer is put into a monasterye Azo the Lawyer gethereth mo priuiledges for the womenne in his Summe and briefe Annotation vpon the title named Ad Senatus consultum uelleianum Speculator vpon the title De renuntiationibus ¶ Also the auncyente lawe makers and stablyshers of common wealthes the moste graue wyse and prudent menne Licurgus I say and Plato knowynge verye welle by the secretes of Phylosophy that women were not inferiours to men neyther in excellencye of mynde nor in strengthe of bodye nor in dygnitie of Nature but lyke able vnto all thynges decreed and made lawes that women shoulde exercise suche maystries as men vsed yea all feates perteynynge to the warre in the bowe in the slynge in hurlynge of stones in shotynge in fyghtynge in armour as well on hors backe as on foote in pytchyng of tentes in settynge men in arraye and couductynge of an hoste and to be briefe they ordeyned that women shuld as cōmonly as men vse all maner exercyses Lette vs rede writers of antiquitie worthy to be beleued and we shall fynde that in Getulia Bactris and Galletia the maner was that menne gaue them selfes to ease and delicacy and the women to plow and tylle the fieldes to buylde to bye and sel to ryde to go on warfare and to do all other thynges whiche nowe amonge vs the men do Amonge the Cantabrians men gaue dowerye to the women bretherne were gyuen to mariage by theyr systers doughters were appoynted to be heires Amonge the Scythians the Thracians and Frenche menne all worthy dedes were as cōmonly done by women as by men and in matters concernynge warre and peace women were called to councelle to gyue theyr aduyse and sentence Which thynge the Truce that the Celtes made with Hanniball dothe well declare to be trewe by these wordes If any of the Celtes complayne to haue had wronge of any of the Carthaginences of that thing let the rulers officers of y e Carthaginences or els the capytaynes which shal be in Spayne be iudges If any of the Cartha ginences hath hadde any wronge done hym by anye of the Celtes lette the women of the Celtes be iuges and determyne that thyng But by the great tyranny of men preuaylynge ageinst the lawes of god and nature such libertie was gyuen to women ¶ Thou wylte saye that is nowe forbydden by lawes abolished by custome extincted by education For anon as a woman is borne euen from her infancy she is kept at home in ydelnes as thoughe she were vnmete for any hygher busynesse she is pmitted to know no farther than her nedle and her threede And than whan she commeth to age able to be maried she is delyuered to the rule and gouernance of aielous husband orels she is perpetually shutte vp in a close nounrye And all offyces belongynge to the common weale be forbydden theym by the lawes Nor it is not permitted to a woman though she be very wise and prudent to pleade a cause before a Iuge Furthermore they be repelled in iurisdiction in arbiterment in adoption in intercession in procuration or to be gardeyns or tutours in causes testamētary and criminall Also they be repelled frome preachynge of goddes worde agaynst expresse and playn scripture in whyche the holy gost promised vnto them by Iohel the prophet saieng And your daughters shall prophecie and preache lyke as they taught openly in the tyme of the apostles as it is well knowen that Anna the wydowe of Symeon the daughters of Philyp and Priscilla the wyfe of Aquila dydde But the vnworthy dealyng of the later lawe makers is so great that breakyng goddes commaundemente to stablysshe theyr owne traditions they haue pronounced openlye that women otherwyse in excellency of nature dignitie and honour most noble be in condicion more vyle than all men And thus by these lawes the women being subewed as it were by force of armes are constrained to giue place to men and to obeye theyr subdewers not by no naturall no diuyne necessitie or reason but by custome education fortune and a certayne tyrannicall occasion ¶ Furthermore there be somme men whyche by relygion clayme authoritie ouer women and they proue theyr tyranny by holy scripture the whiche haue this cursed sayenge spoken to Eue contynually in theyr mouth Thou shalt be vnder the power of man and he shall haue lordeshyp ouer the. But yf it be answered vnto them that Christe toke awaye that cursed sayenge they wyll obiecte ageyne the wordes of Peter with whome Paule agreeth sayenge Lette women be in subiection of theyr husoandes Lette women in the churche kepe sylence But he that knoweth the dyuers fygures of Scripture and the effectes of the same shall soone se that these thynges be not repugnant but in the rynde For this is the order in the churche that men in ministration shall be preferred before women lyke as the Iewes in promyssion are before the Greekes yet neuerthelesse God is not accepter of persones For in Christ neither male nor female is of value but a newe creature And manye thinges were permitted vnto mē for the hardenesse and crueltie of theyr hartes ageynste women as in times past diuorces were granted vnto the Iewes whiche for al that nothyng hurteth the dignitie of women But whan men commytte offence and erre the women haue power of Iudgement ouer theym to the great shame and rebuke of menne And that quiene Saba shall iudge the men of Ierusalem Therfore they whyche beynge iustifyed by fayth are become the sonnes of Abraham the chylderne I say of promyssion be subdewed to a woman and bounden by the cōmandement of god sayenge to Abraham what so euer Sara saith vnto the folow it ¶ Nowe at laste brefely to recollecte Fyrste I haue shewed the great excellency of womankynd by her name order place and matter and what greate dignitie she hath obteined of god aboue man Farther I haue declared it by relygion nature humayne lawes by diuers authorities reason and examples myngling one with an other And yet haue I not so moche sayd but that I haue left moche more vnspoken For neyther Ambition nor the cause of myne owne commendation but my dutie and the very truthe moued me to wryte lest that I as one commyttynge sacrilege holdynge my peace shuld seme priuyly to steale and bribe away by a certayn wycked silence from so noble a kynde the laudes and preyses due to it as it were burienge in the groūd the talente that god hathe gyuen me But yf anye man more curyous than I shal fynde any argument or reason that hath escaped me whyche he thynketh worthye to be added to this my booke I woll not recken my selfe blamed but rather holpen thereby in that this my worke by his wytte and counnynge he wolle make better Therefore leste this worke shuld growe to ouer great a volume here I make an ende FINIS A Londini in aedibus Thomae Bertheleti typis impress Cum pri nilegio ad imprimendum solum ANNO. M.D.XLII Gen. 1. Luc. 20. Marc. 12. Matt. 22. Hebr. 1. Phil. 2. Cyprl de montibus Syna et Syon Aug. sup Gen. li. 7. Gen. 2. Arist vl 8. de auditu Sapi. 8. Io. 1. Gen. 9. Gen. 12. Gen 24. 1. Reg. 15. 2. Reg. 11. 3. Reg. 1. Hester 1. et 2 Iu. 8. et 10. Dan 13. Iob vlt. in fine Num. 31. Deut. 21. Galē 2. de Sparmate 14. de vtilitate particularum Aui doc S Fen. 1. primi Val. li. 5. cap. 4. Arist de anima Eccle. 36. Pro. 18. Eccle. 26. Ibidem Pro. 12. 1. Cor. 11. Gene. 17. Gene. 17. 28. Gen. 2. Hier. 31. Ioan. 20. Mat. 16. Luc. 24. Matt. 27. Arist de anima 1. Cor. 1. Gene. 2. Iudic. 14. 16. Gene. 19. .2 Reg. 11 3. Reg. 11. Matt. 15. Ioan. 18. Matt. 20. Marc. 14. Luc. 22. Plaut 8. Gene. 31. Gene. 27. Iosue 2 Iudic. 4. Pro. 18. Gene. 3. Gene. 4. Gene. 9. Gene. 10. Gene. 37. Exod. 1. Gene. 18. Arist de anima 1. Cor. 1. Iusue 7. 2. Reg. 19. 3. Reg. 4. Lactā lib. insti Eus de p̄p Euangel August de ci dei Exod. 15. 4. reg 22. 2. Para. 34 Rom. 4. Genes 15. 21. Gene. 25. Luc. 1. Luc. 2. Act. 21. Ioan. 4. Matt. 15. Marc. 7. Mat. 9. Mar. 5. Luc. 8. Ioan. 11. Matt. 16. Luce. 7. Ioan 19. Matt. 27. Mar. 16. 17. Luc. 23. 24. Act. 18. 2. Mach. 7. Sanctuary a place consecrate or halowed Iudic. 4. 4. Reg. 2. 2. Par. 22. Act. 8. 3. Reg. 10. 2. Paral. 9. Matt. 12. Luce. 11. 2. Reg. 14. 1 Reg 25. 3. Reg. 1. 1. Reg. 20 Iudic. 9. Hest 7. 8. Anno d̄ni 1428. Iohel 8. Genes 2. ● Pet. 3. Ad col 3. Ad eph 5● Rom̄ 2. Act. 10. Gene. 21.