haue ben as wel forbidden to mary as they that be of consanguinite but there hadde ben a greatter cause why they that be of consanguinite shulde be forbidden then they that be of affinite truly so wise lawe makers wolde haue bouÌ„de these persones of consanguinite vnto a streiter bond of mariage then persons that be onely of affinite and not bothe vtterly of lyke and in one degre But nowe seynge one selfe same prohibicion of the lawe of god dothe conteyne all persons aswell of consanguinite as of affinite in the fyrste degre and of the fyrst kynde and that bothe by the lawe of god and the lawe Canon we ought to absteyne aswell from these persons that be of our wyues bloudde as from them that be of our owne bloudde by cause that man wife be bothe one flesshe bloud as witnesseth this sayinge of god They shal be .ij. in one flesshe And bycause that the kynred of bothe sydes that is to say of the mans side and the womans side ought to be compted coÌ„mune to them bothe truly we shulde take our brothers wyfe euen as our owne natural sister as touching the ê“hibition of mariage like as our doughter in law ought to be taken of vs euen as our owne doughter as saint Augustine sayth ¶ And that the secoÌ„de also is very true it is very euident playne For he that marieth his broders wife taketh his fathers flesshe bloudde to mariage The whiche thing plainly is ageynst the law of nature For seinge the husbande the wife be one flesshe bloud truely he that taketh his brothers wife takethe also the flesshe and bloud of his brother as for our brother is the flessh bloud of our fader moder that more nerer vnto them than any of both theyr sisters bicause he is their owne son Therfore if it be forbiddeÌ„ by the lawe of god also by the lawe of nature to marie our fathers sister or our mothers sister or els the wyfe of our fathers brother or mothers brother whose wyues be but of affinite to vs that onely in the seconde degre truly moche more it shuld be ageynst nature to mary our brothers widow For the nerer that they come to the stocke to be one flesshe bloud the more thei ought to be forbid But our brother is more nerer vnto our fader as it is aboue sayd then is either of our vncles or auntes ¶ And here be proues inough by the whiche we haue shewed as it becommed vs that these Leuiticall prohibitions that we shulde not marye our brothers wyfe c. come of naturall reason ¶ Nowe there remaineth to shewe how the same be toucht vs by the sayde naturall reasone accordynge to the reules and teachynge of generall iustice or vertue for to fourme and ordre the maners of men And this we dyd proue partly before and nowe we shall speake of this same matter more largely For the reule of commune Iustice or vertue dothe teche vs tho thinges only whiche in the maners of all men vniuersally be good euyll rychte croked iuste vniuste and suche as ought to be folowed or auoyded euen of them selfe and for the obteynynge of euerlastynge blysse And truly there is no man but sayth that tho thinges whiche be forbyd in the Leuitical lawes be such thinges For fyrst they perteine and serue to facion and order mennes maners For here truely we calle the MANERS of men the outwarde dedes of men and also the inwarde affectioÌ„s and disposytions of the mynde what so euer they be that come of morall vertue the whiche who so euer dothe kepe and performe it shall be sayd that he lyueth well and doth well and he shal be called verely and truly a good man Nowe as for these Leuyticall lawes do not onely belonge to chastite but also to PIETIE by the whiche as Cicero defineth we be taught to do our duetie and dyligente honoure and seruice to our countrey to our parentes and to them of our bloudde and vtterly to all men all that ryght and reasone wyll we shall do This thynge the fyrste lawe of maryage declarethe playnely inoughe whiche is this THIS BONE nowe is of my bones and this flesshe and bloudde of my flesshe and bloudde For the whiche thynge a man shall leaue his father and his mother and shall stycke to his wyfe The whiche sayenge all be it other men drawe it to the dwellynge to gether of man and wyfe and other to the loue that ought to be betwene them to vs it semeth that these two thinges were chieffly commaunded vs in this lawe Firste that the housbande shuld euermore with out any departynge sticke to his wyfe Seconde that no sonne shulde mary with his mother nor no doughter with her father But for this thinge that is to saye bicause the strength and power of mariage is suche that it gleweth faste to gether with streite and moste holy bonde the man and the woman and dothe make of them that be .ij. seuerall and distincte persons one body and one flesshe therfore shall man leaue his father his mother shall sticke to his wife that is to saye man shal absteyne from the mariages of father and mother nor shall not disclose their foulenes nor shame them agaynste the holines and chastite of maryage and agaynst naturall honeste and shamefacidnesse and against reuerence whiche by nature is due vnto them For seynge that those persons be ioyned moste nye vnto vs longe syns by the bonde of bloudde and coÌ„sanguinite to whome also nature teacheth vs that we shulde owe other loue shamfacydnes and reuerence be syde the loue and reuerence of mariage truly if they shulde ioyne them selfe to vs by maryage bothe the cause why maryage was ordined shulde lacke the chiefeste and beste ende nor shuld not take effecte and shamefacydnes honor and reuerence naturall shulde be vyolate and broken contrary to all comelynes and goodly behauour ¶ And that this was the very reasone and intente of the Leuiticall prohibitions this thynge playnly declareth For god did put to the cause of the forbyddyngis after theÌ„ which is this For it is the foulenes or shame of the father it is the foulenes shame of the brother so forthe so that if one wolde aske why it is not lauful for vs to mary our stepmother to discouer her foulnesse there it is answered For her foulenes is the fathers foulenes whiche is one body and one flesshe with the father And if a man wolde demaunde agayne why it is not laufull to discouer the foulenesse of thy father the answere is by cause he is nieste of bloud to the to whome thou must before al other do honour reuereÌ„ce coÌ„trary to do him sham villany it is an vnlouinge and not to be spoken dede And plainly so did Sem Iaphet iudge which tought by the prescriptes of nature before any lawe was written couered them selfe with a
feyth beleue and truste what to knowlegynge of synne what to holynesse what to perfection to rightnes to equitie and conscience to loue and charitie breuely what thinges before god are taken for cleane or vncleane fyled or vnfiled comely and acceptable abhominable and cursed holy and vnholy All these thynges teacheth the sayde lawe of god And the historie of Moses concernynge the sacrament of matrimony is after this maner and forme folowynge ⧠The fyrste chaptre GOd that is best and almightie after that he by his power whiche can in no wise be expressed had made heuen erthe and all thynges that be conteyned within the compasse of the same and at the laste had made Adam also he sawe accordynge to his incredible knowlege and wysedome that it was nat conueniēt nor yet good that Adam shuld leade his lyfe in Paradyse solitary and all alone without company and destitute of all helpe and comforte for god made hym naturally to lyue in amitie and frendship in loue and good wyll and hadde grauen nowe alredy in his soule with his fynger of the holy goste certayne generall vnder standynges perceyuynges and knowleges the whiche shulde nat onely moue and sturre hym to the loue of god and man to amitie and frendeshyppe and to other dueties dedes and offices of vertue but also shulde greatly helpe and strength hym make hym able and of power to performe and fulfyll those same offices of vertue after suche maner as they ought to be done Therfore god soone after he hadde made Adam cast hym in a deed slepe and toke out one of his rybbes of his side and made it a womā And whā he had broght her vnto Adā had coupled them straitly to gethers by the bōde knot of mariage by and by he made the lawes of mariage sayenge by the mouth of Adā Nowe this bone of my bones and flesshe of my flesshe For the which cause a man shal leaue his father and mother and shall stycke vnto his wyfe and they shall be two in one flesshe or body or two shall be made one flesshe or bodye But the deuyll hauynge enuy at their felicitie by and by came vpō them by subtiltie and suche crafte as can nat be tolde and dyd nat ceasse tyl he had allured them into the snare of synne And therfore they were owtlawed and dreuen forthe of Paradyse and were cōpelled to till and labour the erth There when they had applyed them selfe to brynge forthe children and nowe by proces of tyme the multitude of men was increased vnto an infinite noumbre god seynge that moche was the malyce and vyce of men in the erth and that all the thought and mynde of the herte of manne was sette and bent euermore and at all tymes to noughtynesse and synne in so moche that they toke them wyues at aduentures whome so euer they hadde chosen sparynge or forbearynge no maner degree of affinitie or kynred oure lorde repentynge hym selfe that he hadde made man brought in the waters and Noes fludde vppon the erthe and slewe all the flesshe in the whiche was the spirite of lyfe vnder heuen excepte those fewe whome he commaunded to go in to the arke or shyppe of Noe the whiche fewe whanne after the drownynge of the worlde they were called out of the shyppe abrode that is to witte whan that our lord was atone ageyne with mankinde he gyuyng his blessing to Noe his children whan he was about to publisshe vnto them agayne the lawes of maryage Fyrste and before all thynges he commanded them to do their dutie in mariage and to encrease and multiplie and fyl ful the erthe But after this whan certayne hundredes of yeres were paste and nowe the children of Israel after theyr departyng out of Egypte where they hadde dwelled of a longe tyme had ben in the wyldernesse .lx. dayes more or lesse and had pyght their tentes ageynste the mounte of Oreb and there our lorde had shewed vnto Moses with wonderfull religion and fearefulnes nat onely the commaundementes and iudgementes the whiche he wolde to be gyuen to his people but also had instructe hym at large of the buyldynge of the tabernacle and of the ornamentes of the same of sacrifice doinge and of bole bourned sacrifice and of the place and tyme of the same of the prestes of the kynred of Leui of the difference of meates of the clensynges of leprijs and of other mistycal thinges in the whiche outwardly appered a shadowe of feythe and of good maners not the very thynge in dede our lorde called Moses vnto hym agayne out of the tabernacle of witnesse or promyse and by cause that the tyme was euen at hande for the people of Israhell to entre into the londe that god hadde promysed them he commaunded Moses ageyn that by his worde and cōmaundement he shulde admonysshe the people of newe of kepynge the moralle preceptes and that perteyne to good maners and to the orderyng and wel rulinge of theyr lyfe and that he shulde make them playn and open vnto them after the moost largest and playnest maner that he coulde Therfore by cause that god dyd study and dyd care before al thinges that his people whom he had chosen for his owne propre flocke shuld with suche chastitie and pure holynes as becometh kepe their matrimony the whiche is in honour and reuerence amongest al folkes And bicause they shulde kepe their beddes vnspotted and vndefiled nor shulde nat pollute them selfe with suche maner of mariages as he had abhorred and had in abhominacion nowe of longe tyme amongest the hethens had ryghtfully be reuēged vpon them by mooste greuous punysshementes bycause they were vncharytable incest and a cursed our lorde cōmaunded Moses that he shulde prescribe vnto his people lawes of matrimoni that shuld be cōformable and agreing with honestie and shamefastnes naturall and that he shulde vtterly forbydde suche maryages whiche had foulenes and dishonestie in them And therfore our lorde vsed these wordes vnto Moses in the .xviij. chaptre of the Leuiticall sayenge O Moses speake vnto the children of Israhell speke and tell them nat thy worde nor thy commaundement but myne For I my selfe their very lorde and god do teche them this and this commaunde them that they lyue nother after the abhomynable custome of the Egiptiens from whose miserable bōdage I haue delyuered them into perfecte and full libertie by my valiaunt arme and myghtie power nor yet after the vngracious vsages and maners of the Cananees whose lande I wyll gyue vnto them and wyll brynge them into it ▪ but that they from hensforth obserue and kepe my commaundementes my iudgementes and my lawes and that they folowe them and lyue after them For besyde other myscheuous vices this thyng also is leful and customable amonge those hethens to myngle or marye them selfe by moost shamefull luste and plesure of their bodyes with women that be most nyest of their bloud and of their affinitie puttynge no
difference betwene them and other women Therfore I wyll haue my people to be very farre from their maners and conditions And therfore I myn owne selfe theyr verye lorde and god saye vnto them coÌ„mande them that no maÌ„ so hardy to come nye any woman that is nere of his bloud for to discouer her foulenes or shame as to his owne mother to his step mother to his syster to his nece to his aunte or fathers syster to his mothers syster to the daughter of his son in lawe to the daughter of his daughter in lawe or to his wyues syster Also no man shall take the wyfe of his brother and no man shal discouer the foulenes of his brothers wyfe bycause it is the foulenes of his brother For who so marieth his brothers wyfe dothe a thynge that is vnlefull he shall be without sonnes or heyres male Therfore lette nat my people be polluted with none of these thynges with whiche all the hethyns be defyled whome I shall cast out before their faces and with whom that lande is polluted and I shall visite loke on the mischeuous sins of that lande that it shall vomette and spewe forth the inhabitantes of hit Lette them kepe my lawes and my iugementes and se they do none of all these abhominacions whether he be of the countrey borne or a tyll man that is a straunger amonge them For the dwellers of this lande whiche were in hit before them and haue polluted hit haue done all those cursed thynges Therfore let them beware lest that whan they haue done like thingis the lande vomet spewe them out likewyse as it hath vomet and spewed out the nacion that was there before them For euery soule that shall do any of these abhominations shal perisshe from the myddes of my people nor shall nat be rekened amongest my holy people ¶ And trewly hytherto we haue shewed you by a certain breue exposition and that only vpoÌ„ the feythe credence of the most approued doctours that be and also as shortely as we coulde almost all that euer is prescribed and commaunded in the olde testament by the mouth of god hym selfe vpon the begynninge and fyrst ordynaÌ„ce of maryages and of the lawes thereof and more ouer vpon the impedymentes or lettes of maryage by the meane of kynrede and affinitie the which haue place at this day wherby it may easely be perceyued that suche an impedyment of mariage is expressely fouÌ„de in the holy scripture wher by persones be made vnlefull to contracte matrimonie that is to say the impedimeÌ„t by nerenesse of bloudde as Moses called hit by the whiche we vnderstande bothe them that be of kynred and them that be of affinitie also and that nat generally in al kynsfolke but specially in those degrees and persons whiche bothe we haue rehersed and they be expressely rekned vp in the foresayde .xviij. chaptre of the Leuiticall And by the same foresayde thynges a man may also well se that no man can pretende any colour or cloke or fynde any maner of cauillation wherby that man which hath maried his brothers wyfe shulde nat be iuged of all the holle people nat onely to haue contemned and dispised god the whiche hath with so great maiestie coÌ„maunded the contrary but also to haue offeÌ„ded by infectynge and corruptinge the maners of the people by suche a mischiuous example to haue done agaynst the lawes of nature and also to haue broken fouly and vngodly the ryghtes and holy kepynge of shamefastnes and mariage finally to haue hyndred vniuersally the propagacion and increasynge of loue and charitie betwene christen people For who so euer wyll consyder aryghte and accordynge to reason the order the strength and vertue of these lawes and also the wyse intent and reason of the makinge of them he shal sone perceiue howe true it is that we haue seyde And first of al consider howe greatly these lawes of matrimoni do helpe for the maynteininge exercise of vertue of chastite of clennes of holynes puritie of mariage of natural demurenes shamefacidnes reuerence that ought to be betwene kynsfolke specially in mariage of propagacion or increasement of loue and charite and finally of diuers other dueties offices and dedes of vertue whiche both of them selfe be honest good and besydes forth be necessary also to the purchasing obteining of euerlastinge felicitie Ageyn ponder how god most of power and most best doth exhorte in a maner by certaine obtestations or affectuous harty desiringes prayengê nat only the Iues but also the strangers that lyue after Moses lawe to perfourme and fulfyll these foresayde lawes nat onely for his benefites and goodnes that they haue had shulde haue of him but also for his owne auctorite and maieste which is most great and in no wise to be disobeyed Ouer beside al this consider with howe great strengthe weyghte of wordes and with howe great care and thought god in decreenge these lawes doth often reherse sayeng â–ª It is nat for a man it is foulenes it is mischeuousnes it is cursidnes it is abhomination it is nat to be spoken it is nat lefull it is agaynst the very lawes of god breuely hit is fylthye and sklaunderous that any man shulde do any suche thyng â–ª Last of all for a conclusion consider what and howe greuous punysshementes god dothe threten them with whan he dothe require of them the kepyng of this lawes ye and more ouer how sore he hath taken vengeaunce and hath punysshed the hethens by cause they had contracte cursed mariages within these degres and that before this lawe was made And he dothe threten also lyke and not a whitte lesse punisshementes vnto the Iues and hethins that professe the Iues lawe if at any tyme they dyd coÌ„mitte like enormities Forsoth if any man will wey well and examin these foresayde thynges religiously and with good conscience so as they oughte to be howe shal he nat streight approue and allowe the conclusions and determinations of those Vniuersities and to thynke certaynely that it is forbydden bothe by the lawe of god and the lawe of Nature that any christen man shulde take to wyfe his brothers wydowe For seynge that these prohibitions as we shall here after more largely declare were hallowed founded by god hym selfe vpon the feare of god vpon the treuthe vpon iustice vpon holynesse and equite and conscience on feyth apon perfetnesse and ryghtnes and on charite and for to declare and open the knowlege of our synne for to declare the knowlege of the grace and fre goodnes of god for clennes for comelinesse finally for good reasonable and holy obedience or seruice of god and suche as shuld be to our lorde god pleasaunt and acceptable what man hauynge pure conscience in his soule doth not iudge suche forbidden mariages to be incestuous foule vncleane abhominable and a cursed before god and manne And what man ye though he were gouernour
were forbydden to meddle mary with them that be nexte of their bloud But amonge the Iewes this lawe of naturall loue and affection scant did passe the thirde degre of consanguinite but amonge vs vnto whome the tyme of correctyon and amendement is come by whome god hath corrected and amended the worlde and brought it to perfection whiche shal not be changed loue hath growen and encressed and honestie greatly aboūded and multiplyed and for to be token and declare the perfectiō of the gospell that nombre of 3. is doubled hath extende it selfe in to .6 whiche is a perfecte nombre stondith by his owne partes euen as the trueth of the gospell stondeth by it selfe alone nedeth nothinge elles to vnderset and staye it vp ¶ But here thou wilte leye to my charge say that there were in the olde tyme certaine good vtuos men which for certain honeste causes did presume auenture to break disteine euen the firste secōd degre of cōsāguinite as before the lawe did Abrahā Isaac Iacob which lately before had ben disseuered cōmanded to go aparte frō other naciōs for auoidinge the couplinge mariage with the same nacions and so did mary with them that were nexte of their bloud and this was done before the lawe was gyuen and after that the lawe was gyuen Caleb gaue Axam his doughter in wyfe to his yonger brother Othoniel for a rewarde of victory whan he conquered and ouercame the cite of Letters And also Thamar kynge Dauids doughter whan she was oppressed of her brother Do not brother sayd she but aske me of the king my father and he wyll nat denye the. The which kyng Dauid truly that was said to gyue the syster to her brother in wyfe was father to them bothe wherfore where as I say they dyd presume vpon some certain honeste causes and consyderations that chaunsed yet for al that christian religion the perfectnes that ought to be in a christian man wyll iudge nothynge to be honest that is ageynst the honestie of nature ¶ Lo here thou haste my mynde what I thynke in this question of thyne saythe saynt Ancelme If thou be pleased and cōtented it is well if it displease the I shall lyghtly get forgeuenes and perdon of the. ¶ In this opinion also be Hugh Cardinal Raufe Flauiacensis Ruperte Tuitiensis Hildebart Cenomanense Iuo Carnotense all bysshops and one water of Constance archedeacon of Oxeforthe And trewely the first two Hugh Cardinal Raufe Flauiacense expoundinge the .xviij. chaptre of the Leuiticall shewe howe that chaptre dothe hange with tho thinges that go before Many misticall thinges say they hitherto the lawe hathe gyuen to the olde people of the Iues to obserue and kepe wherin onely was a shadowe of our faith and maners not the very truth in dede and as for here the lawe instructeth and teacheth the people and gyueth them mo preceptes wherby they may knowe what belongeth to good maners to vertue and honestie For those thynges that folowe here must be euen so vnderstanden as they be spoken wherwith the people whiche had nowe betaken them selfe to an other lorde and maister is informed and taught to the intent that they for theyr lyttell power shulde endeuer them selfe to do some good nor shulde not be content with the heuye bourdon of bondage and to be vnderneth sacremētes or signes and tokēs of sacre holy thinges the whiche shulde signifie and betoken iustyce and goodnes not in them selfe but in other men Euen lyke wyse as if a Currour or poste shulde carye any kynges letters into farre countreis by the whiche he shal shewe other what they shall do and yet he shal not do the same him selfe And this same Flauiacense a litell after saith thus Al though saith he that these mariages here forbydden in forne yeres at the begynnyng of the worlde had a certaine facion of their holines neuertheles bicause in processe of time the vertue of continence and chastitie and refraynynge of bodily luste and pleasure was to be promoted set forwarde and encreased and the licence and lybertie of mariage to be restrayned more straytely and not so at large as it was wonte this Leuiticall lawe was made to forbyd suche maryages betwene them that be nygh of kyn and of affinite for the encreasse of honestie and vertue bicause that it was more comly to absteyne from suche maryages And who so euer after this goddes forbod presume to enterprise any such mariage he is a transgressor of the lawe and doth ron in to the abhominable crime syn of incest ¶ Forther more Rupert also If thou askest sayth he whiche be those vncleanly beastes spoken of in the olde testament that god doth hate they be these you shall not do after the custome and maner of the londe of Egypt where as you haue dwelled nor after the custome and vsage of the countrey of Chanaan into the whiche I shall brynge you And afterwarde he sheweth their customes saynge No man come nygh to her that is next of his bloudde For these verely be the vnclenly beastes these be the caroginous and stynkinge beastes whiche the people of god is bounde not to eate that is not to admitte them in to their company For all those persones that do such thynges that commit suche vnclenly and vnresonable beastly vices that discouer the foulenes or preuities of their mother or father that discouer the shame of their syster other by the fathers syde or by the mothers syde those men I saye that do these thinges and in any maner of meane discouer the foulnes of their kynsfolke and do vncouer the foulenes or priuities of a womā that hath the floures that haue a do with their neighbours wyfe that gyue of their sede vnto the image of Moloche and do translate it vnto hym by fyre these and al suche other workers of wickednes be defyled and vncleane vnto whom nothing is cleane For these thynges accordynge to the true sayenge of the gospell do defyle and pollute the mā For that that cometh into the mouth as meate and drinke doth not defyle or pollute a man And we waste no time in these forbiddinges that be here rehersed to serche out the depenes profoundnes of mysticall meaninges or vnder standynges of these wordes for they be plainly iuste and rightwise and the reason why they be so is open and playn at euery mans eie and easye to se by cause they do bryng great rest and quietnes of conscience to the herers but rather I shulde haue said to the doers and the folowers ¶ More ouer Hugh of saint Victore saith thus The fyrst tyme whan god dyd make mariage he dyd forbydde vs onely to contracte matrimonie with .ij. persons that is the father and the mother afterwardes whan he ordined mariage the secōde time whiche was done by the lawe he dyd excepte certayne other persons both bicause nature shewed vs that it was
their hartes cowardelike and as it were womaÌ„s hartes by the meanes of lechery and beastly pleasure of the bodye And therfore in the olde Leuitical lawe those persones seme specially to be forbydden maryage whiche muste nedes dwell to gether The thyrde reason is bicause that by suche mariages shulde be lettedde the multyplyenge and increace of frendship For whan a man dothe take a wyfe that is a straunger to hym all the kynsfolke of his wyfe be knytte vnto hym by certayne frendeshyppe and loue as if they were his owne kynsfolke wherfore Augustin sayth There was very great regarde taken of loue and charite and that accordynge to ryght and reason to the intent that men vnto whom loue and concorde is bothe profitable and also honeste shulde be knytte to gether by sondry degrees of kynred And that one man shulde not haue many but sondry to be disseuered in sondry persones And Aristotell an heathen man in the .ij. boke of the politikes putteth to the .iiij. reason bicause that where a man doth loue his kinswoman by Nature if there shulde be put to the loue that comethe of bodely medlynge there shuld be to moche heate and feruentnes of loue and to great a prouocation of flesshly luste whiche is contrary to the chastite of mariage where suche pastime is to be vsed for necessitie and not for pleasure Thus sayth saint Thomas here And in an other place he sayth thus That thynge in mariage is cleane contrarye to the lawe of nature wherby matrimony cometh not vnto the ende whiche it was ordyned for by coÌ„uenient meanes And the chiefe and fyrste ende of mariage of it selfe is the good or benyfite of issue the whiche doubtles by some certayne degrees of kynrede is lette as betwene the father and the doughter the mother and the sonne not bicause that issue here is vtterly taken a waye for the doughter maye haue issue of her fathers sede and nourysshe it vp with the father and teache and instructe it in the whiche thyng stondeth the benifite of issue but by cause that this ende of mariage that is to haue issue childreÌ„ can not be brought to passe in this case by any lefull honest maner For it is ageynst all good ordre reason that the doughter shuld be coupled bi mariage with her owne fader to be his coÌ„panion to bringe hym forthe children to brynge them vp seinge that she ought to be subiecte to her father in all thynges as that dothe come of hym and hath her beinge of hym and therfore by the lawe of nature hit is forbydden that any persone shulde marie father or mother yet more with the mother than with the father by cause that hit is more contrarie to the honour and reuereÌ„ce that is due vnto the parentes if the sonne take his moder to wife than if the father shuld take his doughter to his wyfe bicause that the wife is bouÌ„de by the coÌ„mandement of god to be subiecte and obedient vnto her husbande ¶ But the seconde ende of mariage is repressynge and quenchinge of bodely luste and concupiscence whiche restraint of carnall luste though it be not the fyrst chiefe ende of mariage but the seconde yet of it selfe it is an ende of mariage And this ende also shulde perysshe and be loste if a man myght marye whiche of his kynswomen he wolde For there shulde be opened a great wycket vnto lustes of the bodye except there were some restraint and flesshly medling forbidden amonge those persons whiche muste nedes be conuersaunt to gether in one house And therfore the lawe of god hath not only forbiddeÌ„ mariage with the father and the mother but also with other persons that be of our kynred whiche muste nedes company to gethers and are bounde to conserue the one the others chastite and honestie And the lawe of god doth assygne this cause sayenge Vnheale not the foulenes of suche suche persones bicause it is foulenes But an other ende of matrimony not properly and of it selfe but ioyned vnto it is byndynge and knyttynge to gether of men and multiplyenge and increasse of frendshyppe loue and charitie while a man is in lyke maner to his wynes kynsfolke as he is to his owne kynsfolke â–ª therfore this increase of loue and charite shulde wrongfully take harme if any man shulde mary her that is knytte vnto hym all redy by bloudde For by this mariage there shulde be none increasse of any newe frendeship loue and charite And therfore by the lawes of man and also by the estatutes of the church there be many degres in the whiche folke are forbidden to mary ¶ Ande saynt Thomas sayth in an other place on this wyse Accordynge to dyuers tymes it is founde that kynrede hath lette mariage in diuers degres for in the beginnynge of mankynde father mother were onely forbydden to marye with by cause there were fewe men and of necessite men were bouÌ„de to do al their labour diligeÌ„ce that they coulde for the increase of mankinde therfore there were no more ê‘sons to be except but those whiche were not fit to be maried withal I say fit as concerning the principal ende cause of mariage which is the good or benifit to haue issue childreÌ„ as I said before But afterwardes whan mankinde was increased and multiplied there were many mo persons excepte by Moses lawe whiche began euin at that time to restrayne and refrayne mans concupiscence luste wherfore as sayth Rabbi Moses al those persones be excepte from mariage whiche be wonte to dwelle to gether in one house For seinge it must nedes be that they whiche come of one pareÌ„tes or of one father and mother bothe men women indifferently company to gether of loÌ„ge tyme in one house plainly they shuld haue great prouocacioÌ„ stirringe to flesshly luste if it were not forbidden that there shulde be no suche medley betwene those persons And now whan that they thinke sureli and beleue that there can in no meanes mariage be contracte made betwene them laufully streight wayes that filthie luste and plesure is quenched ceassed nor doth not prouoke nor stirre their myndes any longer to desyre tho thynges that be vnpossible can not be done wherby they instructe and taught to tame and refrayne their fylthy desire as it were by a certayne former exercise practise and assayenge of them selfe no doubte but by this custome they shal the better absteyne afterwardes from other women for as saynt Augustin saythe custome to a thynge maye do very moche either to prouoke mans appetite and to make him haue a lust or desire to it or to turne away his appetite from it and to make hym to abhorre it And therfore seinge that custome doth kepe in restrayn our vnmoderate luste and concupiscence in this matter men do well to iudge that it is a shamfull thynge to breke and corrupt it For if hit be ageynst right for
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
of all the holle worlde if his conscience pricked hym for suche incest wyll not feare the terrible iudgement of god Fyrst leest he shulde prouoke and brynge vpon hym selfe the vengeance of god as dyd the sonnes of Cain the whiche were drowned in Noes floudde by cause they did fouly abuse their systers and their brothers wyues as approued doctours do saye Seconde lest he shulde be constrayned to flee his countrey and his children either to be distroyed or disherited lyke as the kynges of Canaan were serued and as it came in tyme paste to the kynge Iechonias Finally leest that after this lyfe he fall also into the tourmentes of euerlastynge punisshement For here you se before your eies the sacre holy lawes of god here you se the lyuely prophecyes and wordes of excedynge vertue and strengthe the whiche be more persynge as Paule sayth than any double edged sworde whiche ronnethe through til they haue diuided the life and the soule and haue deuided the ioyntes the mary whiche wordes seing they be so playne and open that if any man will adde and put any thinge vnto them it shulde be ieopardie leest he shulde be reproued and founde false and a lyer accordynge to Salomons sayenge Forsothe it becometh a christen harte more to regarde the wordes and auctoritie of god whiche so doth forbydde so hath in abhominacion so dothe punysshe and reuenge suche matrymonie that is contracte with the brothers wyfe than any maner auctoritie of men or any felicitie of this worlde that shulde brynge a man to so great vice and vngodlynesse to so great dedly remorse and tearinge a sondre of a mans mynde and conscience For who doth nat vnderstande that we ought rather to obeye god than man and that hit shall be smalle proffyte to a man if he wynne all the worlde and lose his soule For if he lose his soule he leseth his body also And truely it is a heuy wynnynge for the whiche a man leseth hym selfe that is to saye his bodye and his soule into euerlastynge damnacion ⧠The seconde Chaptre THerfore all thoughe a good and a christen reder after that he hath ones sene these sayenges of god can not resonably desire any thyng more to moue his cōsciēce that he shud surely beleue that he can nat breake this Leuiticall forbyddynges that a man shulde nat marie his brothers wyfe without greuous sinne and transgression both of the lawe of god and of the lawe of nature also we neuerthe lesse wyll brynge forthe also wytnesse of the lawe of the gospell suche as shall be thought to helpe for the clerynge of this matter and also we shall shewe what the sacre holy counsayles and the best lerned and moost approued doctours of the churche haue iuged in this matter And first of al the auctoritie of saynt Iohn̄ and saynt Paule doth maynteine and confyrme the sentence of these vniuersities The auctorite of saynt Paule where as he gyueth his iudgement that christen men euen at this tyme are bounde to kepe that other Leuiticall lawe that a man shulde nat mary his stepmother whiche law was made and publisshed in the same place the same text by the same sprite and the same selfe tyme that this other law was that a man shulde nat marye his brothers wyfe And Paule calleth that vnclenlines or fornication vtterly agaynst Nature and beastly that a man shulde marie his fathers wife Ageyn the auctoritie of saint Iohn̄ is playn where as he openly rebuketh Herode the kynge sayenge It is not leful for the to haue thy brothers wyfe For what so euer the interpretatiō or vnderstandyng of those wordes is whether they be vnderstande of his brother beyng a lyue or deed yet this thynge is sure as it is also sene to great lerned men that saynt Iohn̄ dydde take those wordes out of the Leuiticall boke And by cause that those thynges whiche he did saye shulde haue the more auctorytie strengthe and vertue he pourposely did rebuke and reproue the shamelesse incest life of Herode not bi his owne wordes but by the wordes of god For it shulde haue bene to no pourpose to haue layde any crime to kynge Herodes charge for this thynge vpon any other cause seinge that Herode was an alien and an heathen and therfore was not forbydden by none other lawe wherby he myghte not marye his brothers wyfe ye and thoughe his brother had lefte .x. childerne by her for as the prohibitions of the lawe Canon they were nat that tyme made the lawe Deuteronomi dyd bynde the Iues onely wherfore seinge that this no doute most rightfull sentence of saint Iohn̄ was giuen agaynst kynge Herode an hethen man generally and without any exception lymitation or distinction nor hit is nat restreined vnto the wyfe of his brother lyuyng or of his brother leauyng children what other thynge shulde we thinke that saynt Ihon̄ did meane then that this Leuiticall lawe that a man shulde not marie his brothers wyfe dothe indefferently belonge vnto all men as well hethens as Iues by cause it is merueilous agreable with naturall reason and that all christē men are necessarely bounde vnto the obseruatyon or kepynge of the same as well as they be to the kepynge of the cōmandement of god and of nature For though we graunte that Moses lawe was not taken a wey specially amonge them vnto whom the gospell was not yet shewed vntyll suche tyme as the gospell and this happy tidinges of Christ was published and openly declared vnto them yet all that euer is conteined in Moses lawe as many as belonge either to iudgement or to cerimonies they were deed by and by and of no strength vnto them which all redy did knowe and did preache and teache that Christe grace or fauour of god and the gospel was come And truly it is not reasonable to beleue that Iohn̄ wolde haue vsed suche witnesse or that he wold haue shedde his bloudde and haue died in the quarell to maintaine the truth of those lawes whose credence auctorite he knewe well before that they were allredy vaneshed a wey of nomore effecte or at leste that they shulde ceasse and be takē awey sone after Furthermore Paule dothe greuously rebuke the hedes and rulers and the comunalte of the Corynthes by cause they suffered one of the citye of Corinthe to be conuersante amonge them vnpunyshed whiche beynge blynded I wot not by what errour parauenture by pretence of lybertie of the gospell hadde takē his stepmother to wyfe Ye and more ouer he dothe condempne the same selfe felowe vnto the most greuous punishemēt of excōmunication not so moche by cause he had done agaynst the lawe as bycause he hadde done ageinst nature saynge that is suche fornication as is not euin amonge the hethens whiche be led or ruled by the lawe of nature menynge no doubte that nature dothe abhorre that one the same selfe flesshe that is to sey the fader and the son
shuld haue to do with one womaÌ„ by this it can not but be euideÌ„t clere to euery man that seing Paule doth iudge that this lawe of Moses that no maÌ„ shuld mari his stepmoder ought to be kept eueÌ„ now amoÌ„ge christeÌ„ men And seing that he doth openly sey that such fornication is vtterly vnnaturall and beastly where a man hath a do with his fathers wyfe that is to say with her that is nyghe vnto hym he semeth playnely to meane thus that surely moche lesse it is lefull for christen folkes to marye women that be more nere of theyr bloudde and that al those thinges which be rekened vp in the same Leuiticall lawe be doubtles in lyke maner forbydden for as moche as al those prohibitions be grouÌ„ded vpon one reason that is to saye bycause the man the woman be one flesshe and therfore be agaynste the honestie and shamefacednes or demurenes naturall And this same thynge is proued also manifestly by this that the apostel in the same place also doth vse this worde of fornicacion by the whiche worde not only he but also all the other apostelles all moste euer more in their writynges are wonte to comprehende all those vnlefull maryages and foule couplynges that be forbydden in the boke Leuitical For vnder the same maner also Paule priuely and couertly dothe no doubte condempne all those which breke these prohibitions of matrymonye and foule vncleane vnlefule and to god abhomynable commixtioÌ„s where he exhorteth the Ephesyens that no fornication or vnclennesse or fylthynes shulde be ones named or spoken of amonge them and wheras he writinge vnto the Galates techeth them that fornication vnclennesse and lechery be carnall workes For saynt Hierome declaring the same selfe place saith The first worke of the flesshe is fornicatioÌ„ the whiche amonge the other .vij. vices is the mooste greattest synne bicause that by the vncleanes of the flesshe the temple or church of god that is to say the soule and the body of man is polluted and defiled The seconde worke of the flesshe is called vnclenes whom foloweth her companion lechery For as in the olde lawe where it is written of crimes and sinnes that be nat to be spoken whiche are done secretly and it is a very foule thing euen to name them lest the mouthe of the speaker and the eares of the herers shuld be defiled all suche vyces the scripture hath comprehended them generally sayenge Make you the children of Israhell to be shamefacid and aferde of al vnclenes Euen after the same maner the apostel in this place also doth name and call all other extraordinary and vnlefull pleasures and also the actes that be done in mariage selfe vnclennesse and lecherye if they be nat done with shamefacidnes and honestie and as vnder the eies and in the syght of god and onely bicause they wil take peyne and do their duetie to bringe forthe childerne For saynt Augustyne writeth that lyke wise as vnder the name of thefte in the .x. commaundementes is vnderstande all maner of vnlefull vsurpynge or medlinge with an other mans good and vnder the name of adulterye must be vnderstande forbidden al maner of vnleful medlinge to gether and all maner of vnleful vse of those membres So pleinly all maner of vnlefull couplynge or maryeng to gether of man and woman is called in scripture foulenes and all adulterie and foulenesse or foule and vncleane marienge also in scripture is called fornicacion For al though as Isodore saithe al men that do leudely abuse theyr bodyes haue nat one wyll of theyr foule dealynge yet howe some euer a man dothe pollute hym selfe by pleasure of the bodye all is called fornicacion For of delyte and pleasure of doing fornicatioÌ„ there come many diuers foule lustes and vices ageyne whiche the kingdome of heuen is shutte and man deuided departed froÌ„ god Furthermore the apostels in the couÌ„cell that they called kept through the holy gost in HierusaleÌ„ went about to pÌ„scribe shew what poyntê of Moses law they that had ê“fessed Christes religion were become Christes men shuld be bouÌ„d to kepe or to forbere they made a decre worde for word as here foloweth It is thought coÌ„uenient vnto the holy goste to vs that there shuld be no further burdon laide vpon you than these necessary thynges that is to saye that ye abstein from contaminations of idols from fornicacioÌ„ from eatinge of beastes that be strangled to dethe from eatinge of bloud of beastes In the whiche place doubtles they couertly vnder the generall name of fornicacion dyd forbyd all maner of couplinge and mariage vnlefull and prohibite by the lawe and dyd prohibyte the selfe same thynge whiche was vnderstande vnder the name of fornicacion after the meanyng and entent of the olde law For seing that they do forbid fornicacioÌ„ euen so as it is forbid by the rules and coÌ„mandementes of the law it can nat be but we must nedes thinke that here in this decre of the apostels mariages vnlefull contrary to the disposition of the lawe be also forbydden For of those mariages there was no nede for the apostels to haue made further constitutions or newe prouisions for them for that thinge that is nat changed wherfore is it forbydden to stande And seinge that these Leuitical lawes of god were nat chaÌ„ged it foloweth that they dyd stande styl in their olde strengthe and auctortie and by this reason the apostels had no nede to make a newe lawe but forbyddynge fornication generallly dyd forbyd all those vnlefull mariages that god had forbydden before in the .18 chaptre of the Leuitical ¶ And therfore lette no man flatter and glose hym selfe as though these coÌ„mandmentes were light or these reasons of litle weight or regarde whan that you se euidently that they be great fouÌ„dacions and groundes of our feythe layde by the holy counsaile of the apostels and as ye wolde saye the stronge pyllers and vpholders of the churche to dryue out fornicacion and idolatrie vnto the whiche thynge these fornicacions came verye nere For euerye christian man doth perteyne vnto the churche or companye for the whiche Christe willingly gaue hym selfe to sanctifie it and make it sacre and holy and to purge and clense hit with the wasshynge of water through the worde of lyfe And ageyne al we be membres partes of Christes owne bodye and we be of his bones Therfore we had nede to take sure kepe that no man with foule and vngodly mariages do defyle and pollute the temple or churche of our lordes body wherin dwelleth the spirite of our lorde For who so defileth the temple or churche of god our lorde shall distroye hym Wherfore me semeth that it is declared manifestly inough by these forsayde reasons that these prohybicions of mariage haue auctoritie and strength euen at this day nat onely by Moses lawe but also by the gospell and by the ordynaunce of thapostels and they be both
speke ageynst this poynte And agayne whan he was asked of the same bysshoppe vnto what degree Christis faithfuls might marye with their kynsewomen and whether it was lefull for them to marie with their stepmothers with their brothers wiues whom at that tyme they called cosyns he answered in order to both two questions in this maner There is a certayne erthly and worldly law within the dominioÌ„ of Rome that the sonne and daughter of brother and syster or of two brothers germayns or of two sisters may be maried to gether but we haue lerned by experieÌ„ce that ther coulde neuer issue come of suche mariage and the holy lawe of god forbyddeth vs to discouer the foulenes of our cousyns wherfore it muste nedes be amongest faith full or Christian people that if they that be of kynne will laufully mary that they be in the thirde or fourth degre of kynred For they that be in the secoÌ„de degre whiche we spake of before maye in no case be maryed to gether And as for a man to be maried with his stepmoder it is a greuous synnne why so bicause it is written in the lawes of god thou shalte nat discouer the foulenes of thy father For although the sonne can nat discouer the foulenes of the father yet bicause it is written The man and wife shal be two in one flesshe or body doutles who so shall presume to discouer the foulenesse of his stepmother whiche hath ben one flesshe and body with his father he in dede doth discouer the foulenes of his father Ageyn it is forbidden by the Leuiticall lawe that a man shulde myngle or marye with his cosyn that is to sey his brothers wyfe bycause that she being ones ioyned with the former brother is made his flesshe and for the same thynge saint IhonÌ„ Baptist loste his heed and by an holy martyrdome was brought to his ende Vnto whom it was not seyde that he shulde deny Christe yet he was slayne for confessynge Christe But bycause our lorde Iesus Christe had sayde I am the treuth saynt IohnÌ„ truely shed his bloud for Christe by cause he was slayne for the treuth But bycause there be some amoÌ„ge the Englysshe people whiche whyle they were yet infidels or vnfaythfuls as hit is sayde haue myngled them selfe by suche abhomination and not to be spoken mariages they muste be warned whan they come to the faith that they absteyne and forbere their carnal pleasure betwene man and wife and that they beleue and grauÌ„t that it is a greuous sinne to vse it let them feare the terrible iudgement of god lest for a lyttell carnall pleasure they falle into the tormentes of euerlastinge paynes ¶ Nowe reder marke diligently with me these wordes of saint Gregory consider me here in his writinge .iii. or .iiii. thinges Fyrst that the most holy most excelleÌ„t lerned doctor both in the law of god of maÌ„ vtterly plainly affirmeth these Leuitical lawes that a maÌ„ shulde not mary his brothers wyfe with the other to be of suche auctorite that he saythe openly that they be the very lawe of god SecoÌ„de that the same lawes be nowe at this tyme of suche auctoritie strengthe that it is not leful in any case to contracte matrimony contrary to that is forbidden in the same Thirdly that the occasion of saynt IohnÌ„s martyrdome was this bicause he wold meinteyn vphold the truth auctorite of the same lawes ageinst Herode the king which had maried his brothers wyfe Fourthe that the mariages which certain englisshe men had coÌ„tract with their broders wiues and that euen before they had taken the fayth vpon them to be so vnleful not to be spokeÌ„ that they could not without dedly sinne rendre their duetie of mariage one to an other nor yet abide stil in thesame mariagê the whiche thing truely we thynke ought not lightli to be passid ouer For ones saint Paule biddeth and coÌ„mandeth that they whiche be laufully maried shulde nother be diuorsed nor yet the ton to deny the tother the right dutie of mariage Agein saint Gregory had grauÌ„ted liceÌ„ce vnto the said englisshemen that they might coÌ„tract matrimoni in the .iiij. degre that mariage coÌ„tract in the .iiij. degre shuld nat be brokeÌ„ wherfore these thingis coÌ„sidered it must nedes be that there was doutles some great cause why saint Gregory wold nat admit or suffre such mariages as the englisshmeÌ„ had coÌ„tract with their brothers wiues at the lest wise to haue suffred them by a dispensation or lycence if it had ben lefull to haue dispeÌ„sed with theÌ„ And truli ther lacked not causes which ought to haue moued him for to haue dispeÌ„sed with theÌ„ As bicause of the faith of christeÌ„dom the whiche some freill persons had leuer ê‘aueÌ„ture vtterly to forsake and renouÌ„ce thaÌ„ to haue departed from their tenderly beloued wyues as the tymes were than in the begynnynge of the faith An other cause shulde haue ben this that they had bouÌ„de them selfe by maryage before the wasshynge of baptisme at the whiche tyme there were no lawes wrytten by the whiche the heathens were forbidden from suche mariage of their brothers wyues But this moste holy and moste wyse man thought that in all and before all a man shuld regarde the commaundement of god And he wolde nat be author nor causer to no man for to breake that lawe He sawe and playnely dyd iudge that he whiche had maryed his brothers wyfe hath done contrary to the principal cause of mariage and against the naturall inclination of man whiche he hath to haue issue and posterite bycause that god saith He that marieth his brothers wyfe shall dye without children he sawe that this is plainly an vngodly dede abhominable before god and man and also ageynst the nature of man and as nygh as can be vnto the nature and lyfe of beastes He sawe howe greuous punisshment is abiding them which haue defiled them selfe with this foule synne Therfore he iuged that nother peace nor yet faith and christendome nor any other thinge in this worlde beside forth is of suche vertue and goodnes that it is able to recompeÌ„ce and weye out the malyciousnes of this dede He wolde nat than that suche mariages shulde stande styll and remayne or be called or so moche as be thought to be mariages but he wolde rather haue them broken and vndone and dyd commande that as many as had intangled them selfe with suche mariage shuld be admonisshed and warned that if they wolde professe Christes religion they shulde from thens forwarde absteyne and forbere from medling the one with the other If nat they shuld haue for theyr carnall pleasure the tourmentes of euerlastyng punisshment ¶ Furthermore reder there be other bysshops also whiche in tyme passed were in very dede greattest and hyghest nat onely for their lerninge and wysedome but also for the holynesse of theyr lyfe that maye clerely teache the that these Leuitical forbyddynges of
holy scripture Amonge whom Origen cometh first to our remeÌ„braunce for he expouÌ„ding the .xx. chaptre of the Leuitical doth declare at large this sentence of god Kepe you all my commaundementes and my iustifienges and my iugementes it semeth saith he requisite and necessary that we shewe what is signified by euery one of these wordes and truly as farre as euer I coulde perceiue a precepte or commandement is As for an example that whiche is sayd in the .x. commandementes Thou shalt not slee thou shalte not do none adulteri for this is only precept or coÌ„maÌ„ded but there is no punisshemeÌ„t put to for the breking of it but nowe these same selfe preceptes or teachynges be rehersed agayn but here penalties be putte to them For in this place it is sayde what so euer man coÌ„mitteth adultery with a mans wyfe and with his neyghbours wife lette them dye both the man that doth adultery and the woman that he doth it with and he that shal slepe with his fathers wyfe and shall discouer the foulenes of his father bothe two lette them dye for they be gyltie and deathe worthye There were preceptes or reules gyuen alredye of these thynges before but there was not putte to what punysshement he shulde haue that dydde breake them Nowe therfore these same thinges be rehersed agayne and the penalties of euery trespas is set And therfore these lawes may well be called iustifiinges and iudgementes by the whiche he that doth synne or breketh the coÌ„maundement is iudged to receyue that is iuste for his trespas But beholde the order of the godly wisedome god doth not set punysshement by and by at the fyrste as sone as he had yeuen the preceptes or rules bowe men shulde lyue for he wyl haue the kepe the preceptes of thy father and to do as thy father wylleth and byddeth the not for feare of punisshement but for loue that thou haste to vertue and goodnes and to thy father But if thou dispysest to do as thy father techeth the than there is a coÌ„mandement that thou shalt be punisshed not bycause thou arte a man so moche as bycause thou art a contemner and dispiser of thy fathers teachynge Therfore fyrste of al thou art prouoked and moued by gentylnes and fayre meanes as a chylde and Dauid testifieth that we be children wher he sayth you al be goddes and the children of hym that is hyghest that if thou wilt not be obedient like a good childe but wylte be a transgressour and a dispiser of thy fathers teachynge thou shalte be punysshed lyke a bonde man After this he saithe furthermore And if any man shall slepe with his doughter in law his sonnes wyfe let hym dye both .ij. haue coÌ„mytted impiete or abhominacion and they be gyltie and deth worthie These lawes and preceptes god had gyuen before without any punysshmentes or penalties For he had sayde Thou shalt not discouer the foulenes of thy sonnes wyfe and all the other preceptes that there do folowe And this place lyke wyse there he putteth withoute punysshementes but here he hath put hit with dyuers kyndes of punysshementes And in the ende where he speaketh of the same Leuitical prohibitions at the last he maketh this coÌ„clusion Therfore it is good saythe he to take good kepe leste at any tyme we reuerence our carnal fader or our father of heuen with lesse honour than we ought and they deserue And like wise hit is good to obserue honour our mother and also to obserue and kepe all other such coÌ„mandemeÌ„tes what so euer they be that commende to vs shamefacidnes clennes and chastite to th entent that we shuld folowe and lyue accordyng to the same that we shulde nother accordynge to the carnal lawe of Moses be in dauÌ„ger of deth here in this present lyfe nother after falle in to the punysshement to come of euerlastinge fyre of helle after the spirituall lawe of the gospel ¶ And lyke wise Chrysostome dothe agree with this sayenge of Origen where as he doth stiffly and playnly hold that fable tale that the Sadduces made vpoÌ„ the womaÌ„ that they said was maried to .vij. brothers to be but a fantasy and a thing fained and imagined For the Iues saith he be such men that we se them euen nowe at this tyme to be mightily afferd to marie with their brothers wyues bicause as you wold say they thynke surely there shulde some mischiefe come of it And not withstanding that the law shuld constrain and binde the Iues to mary their brothers wiues yet for all that we se them often tymes lyttell regarde it and make lyghte of hit and not to do hit wherfore Ruthe a womaÌ„ also of Moab was driuen to mary with one of her kynne whiche was verye farre of And Thamar was constrayned to disguise her selfe in a common womans apparell and to steale seade of her father in law ¶ Also Basilius the great is of the same sentence and mynde that these other two foresayde doctours be whiche wrote vnto Diodore the bysshoppe of Tarsus on this wyse There be come to my handes certayne writynges whiche be sente out vnder the name of Diodore but the thingê that were coÌ„teyned in them were like to be any other mans writingis rather thaÌ„ Diodors But me semeth that there is some craftie felowe that hath put vpon him thy persone that by this meanes at the lest he might misuse the auctoritie of thy name to gette hym credence and to be beleued of his herers and schollers For this man that wrote this thing whan he was asked whether it was lefull for a man whan his wyfe was deed to marie his wyues syster dyd nat abhorre this question in so moche that he suffred to here it with a very good wyl and dyd study and labour to promote and sette forwardes this lust whiche is to shameles to wanton to foule vncleanly And if I had those same wrytynges with me I wold doutles now or this time haue sent them to the bicause thou mightest socour and helpe both thy selfe and also the treuth But bicause the same man whiche brought the writinges caried them by and by away with him again and afterwardes bore them about with him shewyng them in euerye place as thoughe he had gotten the victorie of vs whiche before tyme had forbydden suche maner of maryages and dyd boost that he had this licence of vs in writing I determined to write vnto the of this thinge to thintent that we shulde of both handes go about to reproue this imagined tale and falsly forged sayenge of this felowe to shewe that it is nothynge but a sterke lie lest it may hurt them into whose handes it shal fortune to come And truly firste of al we may leye ageynst him the coÌ„mune custome and suche a custome which by ryghte and reason is as stronge as any lawe bycause it is no newe thing but hath continued of longe tyme and was brought vnto vs nat by euery body
p̄tēdest in thy letters that by this lawe of god mariage betwene suche pledges or childerne as thin be is suffred sins that it is not forbidden And I sey plainly that it is forbidden For sithins that those thynges whiche be not so greuous vices be forbydden as that we sayde of brother children moche more this I thynke is forbydden where is moche nerer kynred For he that byndeth vs to flee the lesser dothe not set vs at libertie for the greatter synne but byndeth vs the more Than if thou thinke it is permised for this bicause it is not forbidden specially and expressely and by name no more thou shalt not finde this thynge forbydden by the wordes of the lawe that the father shulde not take his doughter to wife And is it lauful therfore by cause it is not forbydden ye nothinge so It is forbydden by the rycht of nature it is forbydden by the lawe that is in euery mans hert and conscience it is forbidden by loue and charite which by long vsage custome bi continuance proces of time hath gottē this thinge by p̄scription which forsoth is not to be broken it is forbiddē by title richt of nigh kinred howe many suche great thinges shalt thou fynd not forbydden expressely by the lawe that Moses made and yet the same be forbidden by a certeine playne expresse cōmaundement of nature ye and ageyne how many thinges be there whiche are lefull to do and yet not expedient All thynges be leful but al thinges do not bylde and edifie That if the apostoll dothe calle vs backe from those thinges that do not edifie how can we trowe that suche a thinge is to be done that is not lefull by the sayenge of the lawe nor yet doth not edifye by cause the ordre of pitie loue and charitie is agaynst it and it agaynste the ordre of loue and charitie For what is more solemne or more customably and reuerently obserued than the charitable kysse betwene the vncle and the nece whiche he oweth to her of duetie as to his doughter and she to him as to her father Shalt thou then go and make this innocent kysse of loue and charite in the whiche is none offence nor suspycion of euyll to be suspecte whyle thou dost intende suche mariage And wilt thou take aweye from thy dere pledges or childerne so deuout and religious a sacrement and holy token of pure and naturall loue And beside al this what a great confusyon of other wordes shulde there be thou one man shalt be called of one womā graundefather and father in lawe She also shall be called of the by contrarye names as nees and doughter in lawe Also the brother and sister shal borow contrary names For she shall be her brothers mother in lawe and he shall be sonne in lawe to his syster Shall the nece be maried vnto her vncle or mothers brother and shall the pure loue and charite of thyn innocent children be tourned in to lusty and carnall loue But thoughe thou suffre the commaundement of god go by at the leest wise thou shuldest haue regarded the cōmaundementes of the Emperours of whome thou haste hadde great honour and preferment For Theodos the emperour forbadde the brothers and the syster children to comme to gether in the waye of matrimonye and hathe establysshedde verye sore punisshment if any person be so bolde to disteyne the brethers dere gages and yet brothers chylderne be in equalle degree nor the one is not superyour or as it were parent vnto the tother as in thy children wher the vncle shuld mary his nece By cause brether childerne be in a maner bretherne and sistern cōming al of one parentes if it were for nothing els yet for the reuerence that they owe to the same parētes the Emperour wolde haue them absteine from marieng the one with thother If thou say that it hath ben dispensedde with all by god and though it hath yet is this no p̄iudice or president vnto the lawe For that statute that is made in commune and generally for al if it be releassed it helpeth hym onely to whome it appereth to be releassed and none other And though we rede in the olde testament that some man called his sister wyfe yet this was neuer harde that any man shulde take his nece to his wyfe and shulde calle her his mate Nowe furthermore that is the gayest thynge of all where thou denyeste that thy nece is nere of kyn vnto her vncle thy sonne by cause she is not of kynne vnto him by agnation or by her fathers side but onely by cognation or by her mothers syde as who saith that belly brotherne that is they that be gotten of dyuers fathers and of one mother myght make a maryage and yet these persones be not of kynne by the fathers syde but only by the moder side wherfore no remedi thou must go from this intent and purpose whiche if thou mightest atteyne yet shuld it neuer increace thy familie or linage ¶ The seconde doctour that we mencionid is saint Hierome which writeth thus what kyn thinge is this that Abraham a iust a good man toke his fathers doughter to wyfe seing that the fyrst men which were Adams children though they dyd so in dede yet for the holynes of mens eares the scripture dothe not expresse it but wylleth it rather to be vnderstanden than spoken the thinge is so abhominable And seinge ageyn that god afterwarde ordeyned a lawe for it wherin he threteth that who so shal take his sister other on father side or on mothers syde and shall se her foulenes it is a rebuke and shame he shall be dryuen out of his countrey in sight of his owne kynne he hath vnhilled the priuities of his syster he shall receyue his rewarde for his sin This saint Hierome speaketh ▪ as if he wold say that this Leuitical lawe that a man shulde nat marye his syster is so grounded on naturall reason that not onely Abraham ought to haue kepte this lawe and that before it was publysshed in wrytynge but also as many as professe the same faythe beleue and truste in god that Abraham had and that all faithfuls in Christe ought to haue ¶ Laste of all saint Augustine where he goth aboute to confounde and ouer come Faustus that sore ennemye to Christes faythe whiche leyde it for a foule vice and punysshable that christian men at that tyme wolde nother admit nor yet abyde to here the lawe of Deuteronomi ones to be spoken on that a man might mary his brothers wydowe his brother beyng dead without children aunswerethe to Faustus on this maner Certayne lawes of the bokes of the olde testament we do nat kepe nowe a dayes bicause suche lawes were made onely to be a shadowe of thynges that shuld folowe And these lawes though they were conuenient and fit to be commaunded and suffered for that people and for that tyme yet we nowe a dayes that be christian
Lesiarde bisshop Swessionense you know wel inough saith he that I neuer allowed the maryage betwene Peter the sonne of Geruase and of Galeranes doughter of Brutule and that I neuer gaue counsaile nor dyd neuer consente that it shulde be done Yea whan that Galeran the maides father couÌ„sayled me in this matter I gaue hym counsayle by Drogon clerke vtterly to the contrary that it shuld in no wise be done bycause that suche mariages might not stande if there were any that wolde breake it I added also the sayinge of the lawe that one maÌ„ can not be maried to .ij. sisters likewise as one woman can not laufully be maried to .ij. brothers For Sinegund the sister of this maiden whom this forsayd Peter hath nowe maried was the same selfe Peters wyfe not only made sure and handfaste vnto hym by promysse but also yoked and conioyned by the preestes beneson and prayer And if you lay against me that ther was no yoking or mariages where it is well knowen there folowed no carnall medlinge betwene the man and the woman I answere by the auctorite of the fathers that the yocke and maryage can neuer be vndone seinge there was ones a stedfast conuenant promisse of yoking or mariage betwene them wherfore as saint Augustine sayth the aungell sayde true to good Ioseph Feare not to take Marye thy wyfe to the. for he dyd truely calle her Iosephs wyfe whom he had not knowen by secresye of maryage nor neuer shulde knowe And whan he had brought many auctorities of the fathers to this pourpose the whiche were cited before of Hildebarte It is sayth he a canonicall lawe that no man can marie that woman whiche hath made promisse of mariage to an other man Nor contrarie if the man that hath made promysse wolde be maryed to an other woman For bothe the lawes of god and man forbydde these promysses to be broken ¶ This same saynte Iuo also writeth to Odon the archidiacon Euen from the begynnynge of the worlde sayde he the sacrament of maryage remaynethe styll as of the lawe of Nature and in no poynt broken nor changed so that nother original sinne or Adams trespas toke that away nor the iudgement of drownyng the worlde wherby synnes and naughty thinges were wasshed away dyd take away or chaunge maryage Therfore that thynge that is ordyned by the coÌ„maundement of god that god wold haue to be vnchaungeable ought not be broken by no mannes commaundement except the mariage were made without consent of the parties or els dampnable of it selfe that is falsely forged and vntrue or els incestuouse and agaynste Nature and kynde That if any of those thinges do chance there must be no delay but suche mariages muste be healed out of hande by departing and diuorse Therfore though the kyng do promisse that he wyll forgyue many displesures done vnto hym and leaue many displeasures that he inteÌ„ded and that he woll do many good thinges and many plesures if he may kepe still for a tyme this woman whiche he vnlaufully hath and the seate apostolyke to be coÌ„tent withal and he to be styl in the company of christian men yet for all that I say and aunswere vnto you thus by the auctorite of god and diuine scripture that it is not possible for him to haue forgiuenes of his synne gyue he neuer so moche or do he neuer so many good dedes in recoÌ„ pence as longe as he hath wyll and minde to abyde in the same synne acordynge to the sayinge of the appostel There is none hoste sacrifyce nor amendes nor forgyuenesse for the synne of them that synne wylfully whiche in other wordes is as moche to say that no persone hauynge wyll and mynde to contynue in his synne can haue forgyuenes of his synne by any maner of almes or by any maner of good dedes or by any maner of offrynge or bestowyng of his goodes wherfore we rede that our lorde also did answere Cain whaÌ„ he offred vp his goodes and for all that did intende murder Yf thou sayde god doste offer a ryght and doste not diuide a ryght thou hast synned Ceasse leaue of as though he had sayd thou dost synne bi cause thou dost not departe diuide wel which dost bring me thy goodes thiÌ„king vpon murder dost take froÌ„ me thyne owne selfe which art better to me thaÌ„ thi goodê ¶ Her fore also that good Pope Gelasius saythe It is not redde syns Christes relygion began nor there can none example begeuen in the churche of god that this thinge was euer done or euer coÌ„maunded to be done other of any bysshoppes or by the apostels them selfe or els by our lorde sauiour him selfe that any man shulde be assoiled froÌ„ his syn that intended to coÌ„tynue in the same dyd not fully purpose for euer to forsake vtterly to renounce bothe that al other synne or thinge that shuld displese god ¶ More ouer the same saint Iuo did write vnto HeÌ„ry kyng of EnglaÌ„d that wolde haue maried his doughter to one Hugh a kinsmaÌ„ of his answeriÌ„g iÌ„ this wise Bicause it is not comeli that so noble bloud shuld be steined with so opeÌ„ iÌ„cest that the wyl minde of carnal ê‘sons shuld thorow this bestly exaÌ„ple be encoragid to coÌ„mit like incest mariage again nature kinde for the reuereÌ„ce that we haue vnto you true loue that we bere you we desire to admonisshe your maieste before that while you may do it with your honestie you suffre no such mariage to be made leste that suche mariage seinge it is presumed to be agaynste the lawe be worthily and of right broken and vndone agayn by the lawe And doubtles it becommeth not a kynges maieste to coÌ„mit any suche faulte in his owne persone the whiche ought to be punysshed in other with the rygor and extremite of the lawe For sothe we can in no case swarue from the course and ordre of the lawe If we se our parisshon or one of our diocese coÌ„mitte any abhomination specially in mariage bycause of the decree of the seate apostolike VVE reserue no maner of forgyuenes no maner of perdon or dispensation for incest mariages suche as be against nature and kynde vntil they haue healed their adultery by departynge and diuorce For seynge that we do reuerence and feare the power of temporal kinges moche more we are bounde to reuerence and dred the almighty power of the euer lastynge kynge And by this meanes we may gyue Cesar that is Cesars god that is goddis ¶ And the same saynt Iuo answered one Geffrey the erle Vindocinense desyrynge to haue to wyfe Matylde vycountesse of Blois whiche was maryed before to one Robert kynsman to the sayde Geffrey I coÌ„maunde sayth he and by the lawe of Christe I forbid the to contract this bestly vnkinde or vnchast mariages which thou canst nother defende by the law nor yet be gette by them laufull heyres that by the lawe
perfecte faith hope charitie than the Iue muste be moued to kepe these forbiddynges only by his feith by the holy goste more thā the Iues by the letter law For god forbyd that the holy bonde of loue charite betwene kinsfolke that the faste knotte of mariage whiche in no wise oucht to be vndone the working of the lyuely trewth and of reasone whiche naturally moue a man to goodnesse shulde not be iudged as holy as cleane as vnfilthy as pure as chaste and as well to be obserued amonge christian men as they were in tyme passed amonge the heathens and the Iues. And god forbydde that christian men shulde chaunge the libertie of the spirite in to the fylthines of the body for if they that flee the foule pleasures of the worlde for the knowlege of our sauiour Iesus Christe be agayne intangled and ouercome with the same they be in worse case nowe than they were before at the begynnyng For it were better for them neuer to haue knowen the wey of iustice and vertue then after that they knowe it to tourne away ageyn from that thynge that was geuen to them by a great and a holy commaundement ¶ Certes if Noes sonne did not escape vnpunisshed for discoueringe the foulenes of his father nor the Egiptions nor the Chananeis for the discoueringe of their owne kynsfolke and of them that were nigh of their bloudde for the whiche dede god by his godly iudgement and sentence dydde spue them out of their lande whiche were heathens Howe shall a christian man auoyde the displeasure and vengeaunce of god if he committe the same thinges that they were punisshed for For knowe you this well and take good hede of it that no fornicator nor lecher nor fylthy persone shall haue herytage in the kyngedome of Christe and god ¶ Nor truely it nedeth not that our aduersaries shuld demāde of vs why Christ did not make expresse mention of the Leuiticall lawes in the godspell if he wolde haue had them liued and indured amonge vs still after the Synagoge or olde lawe was deed For truly he did not make expresse mention of them by cause he hadde cōmaunded longe before that they shuld euer to come continue and neuer fayle seinge that he dothe abhorre suche fylthy mariages and curseth them not onely amonge the Iues but also amonge the heathins meaninge that he will moche more abhorre them if they be a monge chrystyan men ¶ And bycause he did commaunde playnly in the gospell that the iustice and goodnes of vs that be christians shulde passe the iustice of the Scribes and the Pharyseis where in a generall rule that we whiche be called christian men shulde not be wors in any thing then the carnall people but that we shulde be better then they in all poyntes ¶ Nor we must not thinke that no thinge is forbid bi the law of god but that which is expresli and plainly set out in the gospel For the apostols write and publisshe many thynges whiche they toke of the very mouth of Christe and yet they be not written in the boke of the newe testament ¶ And the catholike and vniuersal church hath approued many thynges for goddes lawes of the which there is neuer a worde spoken in the newe testament as is this That confession in no case ought not to be disclosed and suche other thynges For so doth Dunse also proue that the secrete confession in the eare is of the lawe of god not bi cause it is written in the newe testament but by cause it can not be shewed whan it was fyrste begonne Playnly it is heresye to affirme that there is nothynge goddes lawe but that whiche a man may poynte vnto with his fynger in the newe testament For by this meanes the sacramentes shulde be taken a wey shulde be receyued onely by the constitution of man Nor truly there is no mention made in the new testamēt of the forbidding of mariage betwene the father in law and the doughter in lawe whiche thynge neuerthelesse to be forbidden by the lawe of god saynt Hierome doth testifye ¶ And also if our aduersaries wyll stycke and holde them to this than let vs occupie vsurye and lette vs gyue money by exchaunge and require it ageyn with vsury lette vs also haue many wyues and lette vs couple our selfe with al maner of bestes nor lette vs not paye the tythes of all our frutes to the prestes nor let vs not confesse our synnes to them nor lette vs not go to them whan so euer there is any doubte betwene bloudde and bloudde betwene lepri and no lepri For there is none of these expressely commaunded or forbydden in the godspel or in the writinge of the apostols but for to bynde vs to the keping of them be cyted and alledged the wrytynges of the Prophettes ¶ But this thynge dyd lychtly deceyue them that be ageynst the libertie and fredome whiche we haue by the gospell bycause they did not knowe the difference betwene the newe testament and the olde the gospell and the lawe Christe and Moses whiche if they had knowen very wel they shulde not haue ben so foule deceyued and blynded in this matter And contrary bycause they did not discusse them and seke them out to the vttermoste nor did ponder and way them so diligently as they shulde haue don we se that by this meanes they were brought in to this errour that they thought that euery thinge whiche is not expresly forbidden in the newe testament is laufull for christian men to do By the whiche errour we do thinke that the same man of Corynthe was deceyued whiche maryed his stepmother For seynge that he harde the lybertie of the godspell by the whiche we were made free frome the lawe of Moses greately commended and preysed of the apostols and knewe that it was forbydden by no lawe of the godspell to marye whome so euer he wolde streychte he abusynge the sayde libertie dydde agaynste the Leuiticall lawe marie his fathers wyfe But he was mooste rychtfully condemned of Paule not only bycause he had broken Moses lawe whiche forbiddeth it but bicause he was disobediēt to the honestie of nature whiche naturall honestie the godspell hath euer approued and it shuld be suche a pestilēt exemple of a mooste leude libertie amonge christian men as euen amōge the hethins bycause of the reuerence of nature coulde in no wise be suffred to be don ¶ AND TRVELY HITHERTO most gentyll reder we haue serched out the holy secresy of the scripture of god deuoutly and reuerently for this intent onely with peyn and labour to seke out and to mayntein the truthe and suche argumentes and reasons as semed after our iudgement to make most for this matter we haue soucht them oute of the definition and very substance and nature of those thinges that we treate vpon wherby thou mayst playnly perceiue moste gentil reder that these Leuiticall lawes whiche forbydde that we shulde