The Censure and judgement of the famous clerk Erasmus of Roterodam: Whither divorcement between man and wife standeth with the law of God, With divers causes wherefore it is permitted, with the mind of the old doctors, written by the said Erasmus in the book of his Annotations, upon these words of Paul. i. cor, seven. She is delivered from the bond of the law, let her marry to whom she will, translated by Nycolas Less. Ephe, iiii. Be not carried about with every wind of doctrine. Nycolas Less, to the reader. IT fortuned not long ago (most gen till reader) that a very nigh friend of mine, being in a certain company of men, not only learned, but also of most sound judgement, and perceiving by their communication, which was of that thing that is now in all men's mouths and (the more is the pity) commonly practised as well of the wicked sort of men and women, as of those, which according to the law of god, do seek most just remedies and help, for their painful greiffes, and most dangerous ●…ores, that as touching this matter of divorce. no man hath written more exactly & absolutely, than the famous clerk Erasmus of Roterodan hath done, in his book entitled (the annotations upon the new testament, in the first epistle, and seventh chapter of the apostle Daule unto the Corinthians,) was through their words so kindled, and set a fire, with the desire of the knowledge of his so absolute censure & judgement, that he never ceased, yea importunately craving on me till I had both granted him to translate the said part of his annotations, forth of the latin, into our mother tongue, and performed it also. Which thing although I was loath for to do, because I would not, being a man of so simple learning by any manner of ways, appear to take upon me, to meddle with that argument, which so great clerks had taken in hand already, yet forsomuch as it could nothing prejudicate the godly doctrine of the preachars in this behalf (yea rather should further their doctrine, than hinder it,) to set forth in writing the mind of such a noble clerk, as in our time hath not been the like, nor many hundred years before, I did both willingly and gladly, satisfy his most godly request, that in so doing, not his mind only, but also of those which were the auncyentest and chiefest doctors that the church hath had from the beginning thereof till our time, might be perfectly known, ●…ake therefore this lyghtell work unto thee (right genrell Reader) and read it thorough, or else medal not with al. For otherwise (peradventure) thou shalt be brought into more doubts, than thou art in already. And then I trust thou shalt stick to one truth, without doubting any more in this behalf. But y●… all this can not satisfy thy mind, but wilt rather incline to thine own judgement, then to the censures of such holy fathers, with the universail consent and continual observation of the church, I can not tell to whom I should send thee, for further knowledge, but only to pray to God, to lighten thy heart that thou mayest see & know the verity, by him which is the schoolmaster of all verity, yea the verity itself, which hateth all lies, to whom I do commend the and all thy studies. Far well. Whither divorcement doth stand with the law of God, or nay. i, Cor. seven. She is set at liberty from the law, let her marry to whom she will. ALthough, as I have ones all ready openly declared in the beginning of my book (and as the thing itself should and ought alway testify in itself) that in this my whole work, I intend, or mind in no place thereof, to be the father or bringe●…vp of any new opinion, which should breed contention, but that my desire is, all that I may to help them forward, which are studious, with the pure & sound judgement of the holy church, and of those, to whom Christ hath given a more large gift of learning, and wisdom: yet for all that, I do protest the self same thing again, in this place, because of certain persons which are in these matters, where of we now do speak, more captious, and finding of faults, than becometh good christian men. But, as I do think, that it is no contumely, or a thing wherewith men should be offended, though a man be of an other mind & iud gement, than other authors be of: (be they never so great of name, & therewith also ancient) so can I be content with a good will, to forsake mine own judgement, and to be against it, if any man (be he never so simple) can show me that which is better. It is not unknown unto ●…e, that it is a thing among all christian people most generally received, & agreed upon, that where soeue●… matrimony is once celebrated, that there it can none other wise be dissolved but by the death of one of the two parts, which were so joined together. Of this mind was Chrisostom, & the old latin writers, and with out doubt the great doctor Augustin, being confirmed not only by the constytutions and ordinances of bishops, and with the authority also of the decretal laws, but also approved, and allowed by the whole consents of the schoolmen. But if so be, the godly men have always thought it good to alter and change their opinions, when it is for a better purpose, and is also standing with reason, to make the laws for to serve us after the fashion as we use medicines, according to the nature of the sickness and disease, wherewith man is pained: then let us consider, and way, whither it be expedient and profitable that the self same thing should be done in this cause of matrimony: and if we do find it expedient and requysyt that it should be, than let us see whither it be lawful, yea or nay, that some sort of marriages should be undone, not with out a good ground, but for earnest causes, nor yet by every man that would take upon him, but by the governors of the church, and lawful judges, and that the same matrimony should so be dissolved, that both parts might marry again to whom they ●…lese, or that part, which was not the cause of the breach of matrimony. I am not ignorant, that there are many things, whereof, to make any doubt, or to bring into question, were great sin: as if we should dispute, whither Christ were both god and man, whither he was borne without the seed of man, whither our souls do live after the death of the body: and so, whither that our bodies shall be restored to life again in time to come. For me are taught these things so plainly by the authority of the holy scripture, & by the whole consent of the holy church, that it is a wicked and a very dangerous thing, yea to hold any disputation thereof, except it should be our chance to have to do with those, which are infidels. But yet for all that, I do not think, that that man should be ungentyllye said nay to, and spitefully cast of, which (as the weakness of our human nature is) having some doubt, peradventure, of some of these things: doth open his mind to those which are learned, so that he mindeth none other thing, but the he might more firmly believe that thing, which he did not throughly believe before. But now let us see, whither this matter, whereof we do now speak, be of that kind, & nature, ye or nay. Some things there are, which be so observed & kept by the authority of the church, that according as time and need should require, they may be altered and changed. And as it is not leeful, to abrogate & disannul the holy scripture, which is the most right rule of good life, even so it is the part of a good and a wise steward, so for to use it as the manners of men shall require, where of we will speak more largely hereafter, minding now to go on with the matter which we have in hand. first therefore of all, I do say, that it pertaineth to the godly charity of the church, as much as lieth in it, to procure the health of all men, and diligently to comfort & secure the weak & diseased members thereof. For we do see many thousands so vnl●…ckelye copeled together, with as evil agreement, that both parts do perish thereby, which (peraduentur) might be saved, if they had by set a sunder one from the other why Whiche thing if it might be brought to pass, without doing prejudice & wrong, to the holy commandments of god, it ought to be the desire of all godly men, but if it be so that it can not stand with the law of god, yet I do take it to be a good wish & desire, forsomuch as charity often times doth desire those things which can not be. For Moses doth wish, that he might be blotted forth of the book of life, And the apostle Daule doth wish also that christ would make him to be an anathem or curse for his brethren. There have been The proposition. many of this opinion, which have thought, that after matrimony were lawfully dissolved, it should be leeful for thee man to marry another woman. Let no man now straightway condemn this opinion, as strange and soul, & unworthy to be disputed. For Origen in his seventh Homely upon the evangelist Matthew, doth Origen. witness that he knew certain bishops: which permitted & gave leave to wives, which had divorced themselves from their husbands, to marry other men, and said that in so doing, they did against the commandment of the lord, and of Paul. But yet he doth notutterly condemn the deed, by cawl he supposeth that they so did upon some probable and good cause, least some worse thing should have been committed, bea●…ynge with the hardness of their hearts, following the counsel of Paul which did permit unto widows, which could not live chaste, that they might marry again. This example of Paul, Origen doth so confer, examine, & discuss that he seemeth to make it a mich more hard & straight matter to give leave unto a widow for to marry, which desireth an husband for the pleasure of here body and not for children, than that the man putting away his wife for whoredom should take to him an honest woman meet for him. And A man may lawfulli put away his wife & marry again is shebe a h●…re hereof he seemeth to make no manner of doubt/ but that he may lawfully marry again whom the gospel doth permit to put away his wife for whoredom. Nether doth Daule command this man so divorced, to be reconciled again unto his wife. But Origen doth note in the example of those bishops/ that they did permit that thing unto the wives/ which the apostle Paul with expressed words, seemeth to prohibit and forbid. Nether doth Origen say, that that man isafter the jewish sort, which doth forsake his wife for whoredom, but that man, which being wayward, and hard to please, for every light cause, seeketh to put away his wife, as the jews did. For, that man, which is of that jewish sort, and casteth with himself how he might go from his wife/ doth reason after this fast●… on: Moses did permit a man to put away his wife for any foul thing, and for example of a foul thing, he putteth adultery, it is lawful therefore (sayeth ●…e) for a man to put away his wife for other foul things. This reason Orygen doth shake of, denying that Moses did mean of avow try, when he said for a foul thing forsomuch as they did not use to In the case of adultery there wasno libel of divorcement & so no life. give a libel of divorsement, for the crime of adultery, where as they used to deliver the woman to them which should stone her to death. But by this foul thing, whereof Moses spoke, he did mean (saith Origen) either some fait of corrupt manners, or deformity of the body, wherewith the husband were offended. That this was the mind and opinion of Origen, his words following do declare. After this (saith he) the lord doth not suffer any man to put away his wife for any otherfault, saving only for the cause of fornication. And afterward he moveth another question, demanding, whither it be lawful for a man to put away his wife, if she be a murderer of fa 〈◊〉 question moved of Origen, where to be himself maketh answer. oer or mother, if she be a witch, or a thief, as well as he may lawfully put her away if she be a who ar. And in this question he standeth in doubt, perceiving on the won side, that it were against the commandment of god, so for to do, and on the other side he doth think it to be an unjust and an un natural thing, that the hosband should be constrained to bear those vices in his wife, which are more grievous, and heynose, than whoredom. But at the last, seeking how to wind him out of this doubtful question he saith, I do reason then after this fashion and say, because he did not command this thing, as by the way of aprecept or commandment, saying: let no man put his wife away but for fornication, but as one that would make the matter more plain & open said: who that doth put away his wife, except it be for the cause of fornication/ he maketh her an hatlot. I do think that Origen was of this mind/ that the woman is driven to be an advouterose person, in that, that she may not be suffered to marry again, although she be according to right, & her nougty deserving put from her hosband: but if she be so, the fault to be in herself, that she doth play the whoar afterward, & not, in her hosband, which hath put her away. And a lyghtel before, he made a similitude of christ, which did repudiate and cast of the syngagog, being a manquellar, taking unto him a new spouse which is the church. The words of Orygen are these following: we must say (saith he) that christ did not put away his first wife, that is to say (after the spiritual understanding) the first synagogue, to give example that he would do according as the scripture teacheth, which saith: whom God hath joined together let no man separate) but when his wife is an adulterous woman, being corrupted of the adulterous enemy, by whose counsel she sought the death of her husband, etc. And a little after he saith, And Christ for the church sake, did leave and go from his father, with whom he was, what time he was in the form of god and from his mother also. etc. Hitherto are the words of Orygen. Thou hearest in this place (gentle reader) of a divorcement, and after the divorcement of a new spouse, whereby, it is manifest/ and open, that Orygen was of this mind plainly, that after a man hath put away his wife for whoredom, he may marry another wife. But where as he sayeth, that the bishops did against the doctrine of the gospel, which permitted and gave licence for marriage, after divorcement, he doth mean of those men, which did put a way their wives for other causes, as the jews did. And in the like manner, thou must understand that which he writeth, where he saith these words. After the self same reason, as the woman is an adulterous person although she seemeth to marry leefully, during the life of her husband, even so the man, although he seemeth lawfully to take that woman to wife, which is so divorced from her husband, yet dot●… he not lawfully take her according to the mind of Christ, but he doth commit the greater adultery, as one which doth take another man's wife. H●…e Origen speaketh of those, which domake divorcements for other causes, which Christ did not except, or for light causes. And yet those matrimonis by man's law were not punished, yea they were taken as good and law full. But Origens' reasoning is, whether such matrimonies be lawful after the words of Christ or no, namely, where as great offences did make the separation be between the man and wife, as for attempting to poison her husband, or to do murder, and saith: Thou shalt examine, whither he hath a just excuse before god or nay. And yet the saith, that who so putteth his wife away, doth give occasion of adultery, which peradventure, with god, shall be imputed, to the wife, and not to the husband, which did put her away. Tertulian doth appear, not to be much of a contrary mind to Origen, in his fourth book, which Tertulia●… mind he wrote against Marcio, these words of Christ, after this wise, saying: If a man doth put away his wife, and marrieth an other, as though he would say, who so putteth away his wife, for this purpose that he might marry an other, he can not justly put her away, for he doth put here from him not upon a just cause but he maketh on quarrel or other (he careth not what) so that he ma●… sem●…, and apere to put h●… away justly, whom he doth hate and abhor. For the matrimony or marriage which is not justly dissolved, standeth in effect still, & that standing still in effect,) which is, continuing the matrimony, to marry to an other, is whoredom. And so if christ under a conditi on did forbid a man to put away his wife, then did he not utter lie forbid him. And that thing which he hath not wholly forbidden, he hath wholly permitted. The self same doctor with in few words after, said: & so the law of divorcement hath christ for the menteinar, & defendar thereof. Thou wilt say Objection. (peradventure) that Tertulian is not to be admitted, forsomych as he went away from the church. Howsoever he did, yet in this matter he was not reprehended of the godly learned men, which he should have been, if this opinion had been contrary to the mind and judgement of them that were in the truth. Of the same mind also, was on Polentius, a man (as The mind of Polentius it appeareth of great gravity and of no less learning, against whom saint Augustine wrote. two. books not in this case, as though he had been one of the great heads and masters of heretics, but as one which had bin in contention with him, whose sentence, mind, & iugment he doth so refel and improve, that yet for that opinion, he doth lay no point of heresy to his charge. S. Ambrose also, which was a man praised without all doubt, not ambrose permitteth the man to mari after divorce men: & not the woman only for his sound docryne, but also for his godly living, saith that it is lawful for a man to marry another wife, after he hath put away his first wife for whoredom. And truly there is nodoubt but that this bishop did practise that thing in his flock, which he wrote to be just, and according to the law. For in th'exposition which he made upon the seventh ch, of the first epistle, to the Corinthi ans, he said after this wise: (and that the man do not put away his wife) you must understand (saith he) except it be for the crime of fornication. And therefore (saith he) the apostle speaking of the man did not put thereto (if he doth put her away, let him continue syngell) as he did when he spoke of the woman, because it is lawful for a man to marry another wife if his wife be a whore, which he hath put away: for he is not in so straight bondage of the law, as the woman. For the head of the woman is the man. And the self same doctor said a little before. If she can not live chaste (saith he) because she will not strive against the flesh let her be reconciled to her husband. For there is no such leave given to the woman, that she may marry again, although she doth put away her husband, for that he hath played the whoremonger or hath forsaken his faith, or unlawfully hath desired the use of his wife. The reason whereof is by cause the inferior hath not that same prerogative in the law, over the head, which the superior & head hath over the inferior, that if the man doth forsake the faith, or would contrary to godliness pervert the lawful use of his wife, yet can she neither marry, to any other, nor yet return to him again. In this place where he saith that the inferior hath not that same privilege, that the superior hath, he seemeth (although he sayeth not so openly) to give leave to the man to marry another wife: But/ within few words after he permitteth the wife also to take another husband, although her first husband be alive. For in his exposition upon these words of Paul, (for a brother, or a sister is not bound in such case) that is to say saith he they ought not to receive any ho not by matrimony which do disdain & hate the author & maker of matrimony. For it is no good or firm matrimony, which is with out the love of god, by the which reason, the woman, which is put away because she doth fear and love God, doth not sin if she join herself to an other husband. For the coutempte, and hatred of God our maker, doth lose and undo the bond of matrimony, and setteth at liberty/ the party which is so put away so that he, or she so for taken may with out blame and offence couple themself in matrimony again with other. And the infidel person doth offend both against god, and the holy state of matrimony because he would not in the love and honour of god continue therein. And therefore, the faith, and promise of matrimony is not to be kept with him, or her, which therefore forsaketh it and is gone from it, because he would not here and believe that the god of the Chrystyn people, whom they do worship should be the author and maker of matrimony. For if Esdras did command the wives, and husband's, which were infidels to be put away, that therefore god should be merciful, and not displeased if they tok other wives or husbands of there own nation (for they hade no sich commaundemnt that they should so put them away that they should take none other:) how much more if an infidel person doth departed on his own will, may the faithful woman or man take in marriage one of their own law? For that matrimony ought not to be taken for matrimony, nor imputed to them: which is without the law of god. Hitherto are the words of Ambrose. And here, I do think that no man can quarrel, that Ambrose did mean of that woman which by ignorance, did marry an infidel whom she believed to be a christian man, forsomuch as Daule doth approve and allow the conjunction, in marriage, yea of those also, if the infidel doth consent/ and is willing to continue with the faithful still. For by that reason, if this ignorance was at the time of the contract, than could she by no law continue with him still, with whom at the first she could not make any such contract of matrimony. And truly The faith full may not witting by contract matrimony with the un faithful but if they were marted to gy there not knowng one the others saith they ought not afterward to go a fonde●… it is a very faint reason, where with Detrus Lombardus, in the fourth book of the sentences, goeth about to put away that place of S. Ambrose, which we first rehearsed, for to say/ that it was noon of Ambrose writing, but thrust in of some other into his works, for so much as it differeth nothing from his style, and manner of writing, nor yet any thing there added or written, as an exposition of any of his words. After this fashion, a man may easily make answer to every doubt, if it would be so admitted. For there are many things written in Corebus works in H●…omes works, in The maiste●… of the sentence saint Augus●…ynes works, and in the works of Thomas of aquine, which the church doth improve. And wherefore do we not excuse these authors, with the like reason, and say. It was noon of there own writings, but thrust in of some other corrupter of their works▪ But now, if we would discuss, and search out the mind, & opinions of the late writers, (which do bear great swinge both in court and in school) we shall find, that there were among them, which thought it lawful, that matrimony might be dissolved, or at the least wise, which denied not, but this matter was dispu table. first of all, johannes Andreas johannes Andrea's determineth, and decreeth, that matrimony, before the man and the woman do lie together, may be dissolved, not only if either of them do profess the rule of a monastical life, but also by the only authority of the bishop of Rome. But if they will grant me, that this matrimony, is a true matrimony, which is con tracted with the consent of both parts, having and speaking the words one to the other, which do pertain to that same contract of matrimony, and that the contract is made between lawful and meet persons, (such as the law doth permit:) they must also grant, that the strength & bond of matrimony, dependeth of the law of god: It must follow then that either the law of god doth not so take and understand matrimony as we do, or else, that the bishop of Rome hath power to undo that which the law of god doth command and decree. Again, the same johannes Andreas, teacheth for a doctrine, that matrimony which is ratified, and full finished by the carnal copulation of the man, and the woman, can not by any means be dissolved, for the proof and confirmation of the which defence, which he maketh, I do perceive as yet no good reason or cause alleged. For the reasons, which Hostiensis, Augustin, and pope Leo do bring for the purpose, beside, that they are but the opinions and minds of men, they do also permit against the doctrine of Christ and of Paul, that matrimony may be dissolved, and also/ that after the dissolution, & losing again of the said matrimony, the man and the woman separated/ ma●… marry again. And therefore, we must either deny that same to be matrimony, which is not confirmed with the carnal copulation, or else we must grant that matrimony may lawfully be dissolved. Or else/ what god (I pray you) gave this revelation unto these doctors that the profession of a monastical life, and the change of religion, which is of the ordinance of man doth lawfully departed man & wife/ yea, although that either of them would stand in the denial thereof, & were not willing to go a sunder. Yea (will they say) we do mean that matrimony which is but ratefyed & agreed upon between the parts, not that which is made perfect, & full ended by carnal copulation. If it be so, where, and when did god ever teach them, that heresy should depart man & wife, yea after it were full finished & made perfect by the mutual copulation of the parts? and so depart them, the it should be lawful for the man or the woman which did persist in the faith, to join in matrimony again with whom they would. What should I speak of Sachary Pope Za chary the bishop of Rome. with as we do read in the. iiii. book of the sentences, & thee, xx●…iiii. distin●… doth dissolve matrimony, if a man doth lie. with the sister of his wife, whose words a●… these. Thou hast medeled with the si star of thy wife. And therefore if thou hast so done, thou shalt have neither of them, & thy wife (if she be not gylti of thy wickedness, and not wyllig to live chaste) we do permit that she in the name of god/ may marry to whom she wyil. But thou & the aduout●…ous woman shall marry no more, but shall live still in sorrow and penance during you ure lives. Thus fa●… are the words of Sachari the bishop. Now as toching this gloze which Petrus lomba●…dus doth make upon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his words, I do take it to be far from the truth, & nothing after the meaning of the bishop, as followeth, whereas he doth say (saith Lombardus) let her marry to whom she will, we must understand, that he doth mean after the death of her hosband. I pray you heartily would the bishop have omitted, & forgot so great a matter as this T●… 〈◊〉 her●…by p●…r 〈◊〉 that both zacha●…i & Erasmus are in the m●…d that th●…en der sh●…ulde not marry. is, if he had been of that mind, as this man doth understand him? What and if he which was here hosband had lived longer, than his wife, shall not then in this be half the pain of the innocent par ty be as great as of him which was the offender? But how soever this is, some man will say peraduentur/ that that is no lawful matrimony, which is contracted against the consly●… on and ordinance of the bishop. Well, if it be so as he saith, wherefore is not the woman in this case set at liberty, that she may mary again? Let this question now pass, for we will go no further there with. But as teaching the profesfion of a monastical life, no man Goy●… into a cloister some time did does solve matry money and he resy also doubteth that it doth undo that matrimony, which is but agreed upon, and sured between the parts, and for heresy, that contract all so is undone yea which is gonn thorough, and full ended between the parts. But if a man may dies solve & undo that matrimony, which is notful ended/ because the reason and cause of the sacrament is greater when it is finished, by the copulation of the parts than it was before, by the same reason it shall be lawful also to undo the marriage after it is perfect and full ended, because that frutfulnes of children in matrimony is a great tar cause than bare●…ys, and the cause in the first contract is greater than in the second or the third. But this me thinketh by man's laws may be reasonable enough that the marriage which is not con summat & full ended might some ways be undone, because that the woman which hath not been toched of the man to whom she was married, shall sooner find an other man, which will take here to wife, than she which hath carnally known her hoband. But we (I can not tell for what purpose) have so men gelyd gods law and man's laws together, about this business, that we have made it so dark that no man can tell what to johannes Andreas. make of it. But for all that, johannes Andreas doth apere not altogether to dissent from this opinion, if a man should say, that matrimony, which is made perfect may be dyssoluid upon some great urgent cause, forsomyche as he disputeth this same argument in the rule which beginneth▪ Actus li gitimi and the sixth book De regu lis juris, whom Panormitanus doth allege in the cha. which beginneth Ex publico, de convertione con iugatorun, For after he had put the case (whither the bishop might dispense & give licence, that a kings son which is a monk, might (his father the king having no more sons but him) might marry a wife, and keep her till the time he should beget of her a man child, and so when he hath brought forth reasons on both sides, both with it, & against it, he giveth no sentence or determination, whither he might so dispense or nay, but leaveth the matter to the judgement of other men. But at the last, Panormitanus doth thus end his whole disputation, 〈◊〉 〈◊〉 upon thy ●…semente. and saith: I could be of this mind, that the pope can not undo the matrimony which is con summate/ and made perfect between faithful persons, so that I would choose to take and defend the negative part, that he can not dispense in this casse. And he●…e he doth not affirm the thing, but he putteth forth this question, as a disputable argument, whereof he thinketh the contrary part to be the more probable, and truar. The same Panormitanus, among other matters, whereof he wrote in the chapter, beginning with this word Q vanto, and title, de divortijs, doth say these words (And this text doth serve very well, and is the best that can be for this purpose, whereupon we might ground our reason, that the church can not dissolve, & undo that contract of matrimony. And hear again he doth not say affirmatively that the church can not undo that matrimony, which is consummated and thoroughly ended: but rather con scenteth that it may, although (he saith) an argument might bemade out of that chaptr, which should be to the contrary. For it followeth not that straightway it is overcome and cast down, because it may be overcome and cast down with argument. Hostiensis also appeareth some time to be on the contra ti part. For in the chapter beginning. Ex part in the tytil de cover tione coniugatorum. he moveth the question, whither the church may now statute & ordain that when the either part of the faithful persons which at married together is fallen into heresy the other part may go to the second vow of matrimony. And he doth answer that it is lawful so to do, proving it by this argument. Likewise (saith he) as the church hath ordained between infidels, which do contract among themself lawful matrimony, as Codicc de infideli bus & consanguini & affini, so may the church decree and ordain among the faithful persons: For the confirmation of the ma trimony of the faithful cometh of the sacrament of baptism, as in the said chapter Quanto, and that by the disposition and order of the church. The church than hath power to ordain, also to the contrary. Doth not Hostiencys here openly pronounce, that the church may decree and ordain, that some matrimony may be dissolved be it never so perfect, when either of the parts doth fall into heresy, so that the innocent party may go to the second vow, (that is to wit, may make a new contract of matrimony with some other? And yet he denieth that this thing may be done, except the church doth so ordain it. antony Antony 〈◊〉 'pon divorcement also doth certify us that he hath seen a bull of the byshope o●…ome his giving forth, whereby he did separate man and wife after that that matrimony was fully finished and made perfect. But how much these authors at to be set by, and regarded, let it be thee judgement of other men. As for me I have here brought the forth and showed you what they do say because that they which think them to be of great authority, should not think that I have done otherwise than well in that I do desire, that by some way or other, it might be brought to pass, that by the authority of the church, some remedy and help might be provided for them which do live miserably and ungodly together with the great peril, and danger of both there sowl healths. But now no man can deny but that the laws of christ at most rightwise of all, and most full of all equity/ exelling and passing all other whither we do compare them with the law of nature, or man's law. Christ doth not straightly requited of us that we should live as vir gens, lest he should apere to go against the law of nature, although he doth pronounce them to be blessed, which can take it. ●…owe are these were des to be understanded, (to be gelded for the king doom of.) But to those words he doth add thus much more, saying (for the kingdom of heaven). And the kingdom of heave, he calleth the preaching of the gospel, that this saying: should moste appear to serve for that time. For there is a time to marry and a time to abstain from marriage. Dost thou think then, that it standeth with equity & justice, that a man should be compelled to live with a wife/ which is kivered all together with myschevos & shameful deeds, whereof he gave none occasion nor yet can bring her by any means from here lewdness with whom for to live, weras bad as to be slain, & better to be dead: Or dost thou think it good right & reason, that if this man do depart himself from her that he should be driven to lead all the days of his life after without a wife all alone, as a man that were no ma●…: Let it stand well with right & reason, that the parti which was occasion of the divorcement & separation shall have no more liberty for to marry, but wherefore should he be punished, which hath not deserved, except ye would say that he is worthy to be punished because he was so unluckey, to marry so ungracious a wife. But I pray you, what man did ever see that a man was punished for his misfortune, if there was none other fault in him than that, special lie by the law of god. What other thing is this, but to heap on affliction upon an other, and to make him, which is miserable to be more miserable, whom our part were to help? For where as children unlawfully begotten, whom we do call bastardsar debarred from coming to certain promotions & other proffets, first thou shalt understand that it is by man's law & not by the law of the gospel: Secondly, that it was thought good to the magistrates so to punish the unchaste life of their parents. And finally they are not so excluded, but that they may otherwise help themselves, by their v●…rtuose and good acts, although their fortune in that case be against them. How be it it is not all won, nor a like thing to be barred from receiving or coming to dignity, and to be a whole life time in continual torments, and in so many dangers and perylls, where the man deserveth no such thing. And if that that man doth make his wife to be a whoar, which doth put her away, without a lawful cause, doth not he then as well make here to be a whoar, which doth prohibit her being unjustly put a way to marry, when she is of that manner of nature, and disposition of the body that we should do her wrong to command here to live chaste: But as toching that they do ley against us, th'example of monks & noonse (which have no wrong done unto them forsomyche as willingly, without any compulsion, of themself, there took so straight a vow upon them, as they could not undo afterward) I might peraduentur answer, the th'example of a thing which is in contention and in controuer●…ye & in doubt (as this is, whither thee vow of monks and nuns be abrogable or nay) can not resolve the doubt of an other thing which is in like controversy, as this our matter is. And yet for all that if we will believe some lawyers, the The bishop of Rome 〈◊〉 make of a monk n●… monk bishop of rome may make of a monk no monk. And as toching that which they do allege spe king of a solemn and a private vow/ I can not see any substan cial reason whereon it is grounded. But if this their reason (they took it upon them willingly by there own minds) were of so great force that the thing which they once do, should never be undone, but be perpetual, it doth follow, that all manner of contracts and bargayns which are made between man and man, by there own free wills, and voluntary consents should never be undone, but always stand, and be perpetual, which (for all that) we do see by experience for new considerations and causes, which do often time rise & come between, are by the equity of the law quyghte dissolved, and made void. But, some man here ●…peraduenture) will say unto me, that in matrimony a law is openly prescribed, and known, that after it is wonse contracted, it can not be dissolved, of the which thing those which do marry, are not ignorant/ and yet willingly they do put there own necks in the halter, where they need not. But truly, that thing, which is our matter, whereof we do rea son is, whither the rigour of this law, may any thing be mitigated, and loosed any manner of ways forsomyche as often times, such causes do come between, that it should apere a cruel thing not to help the party which is in danger. But if this law doth seem to be some thing repognane to the equity of nature, we must see then, why there that which is written as concerning this law by the evangelists, and apostles in their writings, may receive any●… interpretation or meaning than that, which is according to the open words of the law. And I would, that it should be lawful for us to do in this casse, as we are bold to do in other places of the scriptures. And likewise, I would that we should dyscuse, and examine what time, to whom, & for what occasion, it was spoken, and peraduentur, we shall find out the right understondig thereof. Now, let every man be content, and not tale straightway into a rage and cry out upon heaven and earth, and say: This man doth go about to break the decrease of the church. For thereunto I do answer, that I do go about no such thing (as I have protestyd before) but only by the way of dysputati on to reason the matter. Then let us see, for what purpose the church hath allowed this. For it hath or deigned some things, not to stand in effect and to be obseived for ever, but for a time only. Second lie, if the church, (if we may so call it) or else the bishop of rome hath at no time altered, and changed any of his decrease and ordinances neither will I require, that any thing shall be in this casse changed and altered otherwise than it was first ordained. But if so be we do find, that the church or the bishop of rome hath made at any time any change or alteration in things which are of greater weight but not so mich perteinig to the health of me n, as this is/ for what cause should we be a feared to do the like and that specially, when we may thereby ease and help the painful griefs of so many men? Our master christ is content, for won poor sheep which is lost to seek about every where, that he might find it out, & so found, bring it home again, upon his own shoulders: & should we be loath to seek and to prove, if we might find remedy and help 〈◊〉 〈◊〉 〈◊〉 of all 〈◊〉, for so many as do perish daily, sith that Christ is author of all health, and man's laws should none otherwise prevail, & be of strength, but so fair, as they do conduce and are profitable for the preservation of man? Finally, forsomuch ●…hyther the bishop may sta●…e & or dey●…●…nye thing again ●…the decrees of the apo st●…s as there are certain great masters in divinity, which do & give to the bishop of Rome so large authority and power, that it lieth in him to abrogate, and undo any thing, which the Apostles, (yea Peter himself) have & hath ordained, and forsomuch as there be some doctors, which make a question and a doubt of it, whither he may ordain and decree any thing against the doctrine of the gospel, not altogether denying but that he may after a certain fashion, do it, although not clean disannulling the doctrine thereof/ that is to say/ either by interpretation, or else by restraining, or enlarging of his words (as Daule did when he said, I not the lord, by permission, & not of commandment do. etc.) for what cause do they more bind him in this case, that he cannot do the like, as he may in other things, which are more great wherein he is permitted to do what he will? Forsooth as concerning matrimony, John Andrea, which is a great author among the lawyers. affirmeth that the bishop of Rome may decree, and ordain, that by the second contract of matrimony, the first may be made void, so far as the first was not consume mate, likewise as it is undone, & made void, by entering into religion. And of this man's mind is Panormitanus, asye read in their commentaries, written upon the chapter, Quoduotis/ in the title. Devoto & voti redemptione. In the sixth book, and in the chapter, Expublico, in the title, Deconuersi one coniugatorum. In the acts of the apostles we do reed, that in a certain solemn counsel, it was decreed and published, that as many, as were admitted from the infi delitie of the heathen into the christian flock, should abstain from meats offered up to idols, from strangled beasts, from blood, and from whoredom. This can not be called a conciliable or private congregation, where so great a number was, neither can it be called a counsel without a head, where Deter himself was present. And yet, that which was at that time decreed, is gone so far, & so long time out of use, that now who that would abhor to eat of a strangled hen, or of podynges which are made of The decres of the apostles changed, & for what intent it was made blood, men would take him to be a right jewe. And yet do not I blemish the authority of the apostles, but only I do excuse the thing done by them at that council to be ordained for a time, for the pacifienge of the minds of the jews. The Apostle Paul for biddeth that a novice in the faith which is new come thereto or else a feyghter. or a dronkatde, should be made a bishop. But at this that Paul's con stitution we dose, that the bishop of Rome doth make a child a bishop, which was borne but yesterday, yea, and it it pleaseth him, of a pirate and a thief, which robbeth upon the sea, he will make a bishop also, being nothing a feared of Dau les constitution. Furthermore, it was long or the church did determine, Transubstan tiation not belevedofthe primitive church. that transubstantiation was in the bread of the altar. For it was sufficient many years, it a man did but believe that the body of Christ was under the consecrated bread, won way or other so that they believed that he was there. But afterward upon a far their respect they determined otherwise thereof. The time harhe been, when they wax not taken for heretics which believed that the holy ghost did proceed only from the father, and I am not certain, whither the most part of the christians did in the primitive church so believe. But when they had weighed the matter well, the church did define that way, which we now do follow. The like thing The conception of the 〈◊〉 gin was about the conception of the blessed virgin. But whither the church did at the first determine and judge that man, which would doubt thereof, that he should be taken for an heretic or nay/ I can not tell very well, although there are some, which do affirm that it was so concluded in the coun sell holden at Basel. And here a gain ●…iseth a double doubt, whither all the acts of that counsel do stand or nay, and farther with what words, and for what purpose/ this case was determined. If it were then defined to be as an actycle of our faith, what shall become of the friar Dominics, of whom many be yet still of the contrary opinion. There are many such like matters as this is. For there was none of them, which were the very old writers, that durst pronounce openly/ that the holy ghost was of one substance with the father, & the son, no not then when the question about the son, was so contentiously handled all the world over. And that more is, in the psalm of praise giving, which the church began to sing after the Arrians were expulsed, where as is attributed to the son, that he is the light, of light, and perfect god of perfect god, the same is not there/ with open and plain words ascribed to the holy ghost. But now we are bold to say, that The holy ghost is of one substance with the father and the son. the holy ghost is of one substance with the father and the son, and perfect god of the father, which is very god, and of the son which is very god. There is no man (I do think), which will so ●…t the church of Christ, (which standeth of the congregation, and fellowship of men) quite and clear from all error, that it should be ignorant in nothing. It is suffi cient that it be so far forth, void of error, that it doth hold and keep the chief points of our faith and christian religion. For it may hap that the church shall err in the number, whereby they should know the day, when the feast of Easter should be kept and held, whereas this point pertaineth no thing to the matter of our faith/ or love toward god. I do speak of that church, whose auctotyte we do follow that is to wit, the church of rome. But if it be true, as some do hold, that the bishop of come whither the bishop of rome may be deceived, & give a 〈◊〉 sentence or 〈◊〉 can not etre by no error iudy●…yall at any time, what need we to have general counsels, for what cause should we cale men of law unto the counsel/ or learned devynse, 〈◊〉 he ●…e not err, when he giveth sentence in any cause. wherefore is place given after he hath pronounced his sentence, that men may appeal from him to the Synod, or from him, to him self again, after he is better advised and instructed, and informed of the matter. What need so many universities be trobeled, in dyseussing the doubts of our faith, when a man may go to the bishop, and have the truth of every doubt at his mouth? Yea how doth it come to pass that the decrease and statutes of won bishop are contrary to the ordinances of an other? I will not speak of Pope Formosus, but what say you by Pope John, which was the two and twenty pope of rome poop 〈◊〉 & pope Nigh cholas decrees 〈◊〉 〈◊〉 〈◊〉. and pope Nicholas, are not their decrease statutes, and ordinances clean contrary the on to the other, yea, in those matters, which do pertain to the chief points of our faith? O●… the which twain the one did pronounce judicially (to use there manner of speaking) that Christ and his apostles, had nothing in possession, either in common or private: that other pronounced clean contrary, that they had. This thing a man may learn forth of their decrees, which are entitled, Extravagants. But that which followeth, doth serve better for the matter, which we pope inno cent & pope Celestine made contrary decres have in hand, that pope Innocent the third, and celestine also, bishops of Rome, did determine contrary conclusions, concerning how matrimony may be dissolved. For pope celestine did ordain, that either the man or the wife, which did stand still in the faith might marry again, it that either of them did fall into heresy, which thing pope Innocent doth deny, as we ●…ede in the fourth book of the decretals, in the title, De divortiis and chapped. quanto. Neither doth pope Innocent in that place omit to declare, that a certain predecessor of his did otherwise ordain, meaning celestine (as the Gloose in that place doth open, declaring that there was sometime in the decretals a constitution of pope celestine/ in the third book thereof and in the title De conuersione in fidelium, in the end. And that seemeth most like to be true, because that title containeth very few chapters, that thereby thou mayest understand and perceive/ that it is cut of & made shorter than it was at the first making. Beside this pe●… w●… an aduers●… to the marriage of priests Pelagius (as a man may see in the decrees, in the. xxxi. distinction, and chapter Ante triennium) did ordain that the Subdeacons of Sycyll, should abstain from their wives whom they had lawfully married before the making of that same ordinance & constitution. This decree, as unjust/ and contrary to the commaudement of the gospel, Gregory, the first of that name, did pluck back and Gregory the 〈◊〉 did succeed to Pelagian by s●… of rome clean abrogated, which Gregory succeeded unto Pelagius, & made a constitution and dear, that no man from thence forth should come and be admitted to that order, except he vowed the vow of chastity. But it is a very hard, and Erasmus do th' s●…d much with the in ●…cent parti ●…athe or she whichiss inno cent may marry again. an unjust thing, that a man should be forced to chastity, which hath not vowed it, nor deserved to be driven thereto, whither he will or nay. But that, which Gre gory here doth take to be unjust doth not so appear to Inno cent the third, as appeareth, in that same place, which I have here before alleged unto you, which doth after this fashion make answer to those men which do object, that it seemeth a thing against reason/ that the husband without any fault, should be deprived of the benefit of matrimony, specially, saying that, that man doth more grievous lie offend, and is a greater enemy to CHRIST, which after he hath received baptism, doth fall into heresy, or to the beleiffe of the Daganns, than he, which was boorne an Ethnycke, and doth forsake, to be converted to the profession and faith of CHRIST. Be side this the church of Mutyn, was certain hundred years of this opinion that if a man had made a lawful contract of matry money with won woman (as for example with Barbara) wherein both ●…hyther the second contract of ma ●…monye, where is also ●…copulatiō of the parts 〈◊〉 undo the 〈◊〉 cō●…act which ●…ath not this ●…opulation. their words 〈◊〉 their minds did agree, but had no bodily conversation with her, and afterward did contract with another whose name was Corn●…ia, having copulation with her, he should be constrained to forsake his first wife, & live with her with whom he made the latter contract, the carnal copulation going therewith. But that constitution. Innocentius the bishop of rome doth open lie dy●…anul and undo, making a clean contrary decree, which is that the first woman, was the ●…ight and lawful wife, and all that was done with the last woman to be no matrimony but plain adultery, and whoredom, as ye may There be some, such contracts in London, the moor is the shame that they are suffered read in the fourth book of the decretals, in the tytul, quanto, & chapter Tuas dudum, and also in the chapter Licet, of that same tytul. Alexander the therd declareth by a certain writ that his predycessers that is to say, the bishops of rome had a fore time ordained the same thing, which Pope Innocent did condemn in the church of Mutyn: How much more daungeroes a matter was this, than the cause of divorce, and yet the bishop of rome did alter the decres and constitutions of other bishops? What need I tell you of the university of Paris, which did wonse openly The university of paris disprove the sentence and opinion of the bishop of rome inso much that they drove him to recant, and deny his words, which he had spoken before ●…yf we may give any credit to histories?) Except, pataduenture we do think it to be but an idle fable or tale, which John gerson doth rehearse in a certain Easter sir mon of John Bishop of Rome, which was the two and twenty of that name, that he did precisely affirm, that the souls of wicked men, should not be punished before the day of judgement, which error, all the whole school of Paris did openly condemn, and brought the bishop to that, he was fain to deny and recant his opinion. Neither can Pope John it be said that no man held this opinion beside the Bishop, so that he only should be in a wrong mind, it must neds be a public/ and almost a general ex●…or, which was published either by letters or by some drecre, that should somyche move and styer all the whole realm of France to be against it. But what do we speak of Pelagian, of Alexandre, & of poop Innocent, saying that Peter, which was as it were thee chief of the apostles, was not a shained to hecken to better counsel, when being admonished by Paul, he did knowledge and confess his error, if thee words of saint Augustine are to be believed herein. Now truly, although we do confess & grant, that matrimony itself is of the law of god, yet many circumstances which do pertain to the causes of matrimony, depend of the positive law, as degrees of kindred, impediments of marriage, and dyvorsements. Nether have we these decrees, and ordinances given to us by famous and general counsels, but only at the hands of private bishops being the answers, which they made to this or that man's consultation for the time, as they thought good, and according to conscience, yea other whyl●…s swaruig from that which they themself, had determined and decreed before. But this constitution, whereof we do now dispute, was, as I do suppose, at the first, was the deed but of one or two bishops, which afterward, by little and little, crepynge farther abroad/ is grown to be so great a matter as it now is. No man can say nay, but they were men, and every e man doth know, how mighty and strong every thing is, after it is grown into a custom. And it is not a thing to be marveled at, that the laid old fathers, were so sore offended with dyvorsementes, which was abhorred yea of the ethnics, Now they will marry sux or seven times. yea though the●… have not on tooth in their head when that some of them could scant abide matrimony, much less, that a man or woman should be twice married. All this before, we have showed unto you, because no man should think it, to be an unseemly thing, though we do dispute about the altering and of the laws of divorcement. But now if it please you, let us ex amyn the places of the holy scriptures, whereby we do seem to be constrained to receive, and admi●… this law. Our Lord jesus Christ, as ye do read in the rift chapter of Matthew, what time he did sow abroad his heavenly philosophy, and prescribed a perfect example, where by he declared, and made open, what manner The place●… which do●… s●…me to dies prove dyu●…r semen●… of men he would have his does ciples, and those which were his followers, to be, said these words: It is said (saith he) Who so ever doth put away his wife, let him give to her a testimonial of divorcement. But I say unto you, that whatso ever he be, which doth put away his wife except it be for the cause of fornication, he doth make her too be a whoa●…e, and who that doth mattye a woman which is put put away from here hosbonde, doth commit adultery. But, forso much, as in that same place he doth t●…he many goodly lessons which do bewtifye him, that is a pure, and a right christian man, for, what cause can we be content to admit in all the rest of the words a gentle exposition, and interpretation to be had, and in this matter of dyvorsment only we make ourselves so straight, that we do streyn the words of Christ mich more narrowly, than ever he spoke them. For whereas he left to the holboud, won cause of divorcement, we do bind that same cause with many bonds, adding much more thereto, of our own self. And first (as here for example) we may put away our wives but then, we must live as no men, like persons, that were gelded and never to have issue. Beside this, if thou dost come panye with thy wife, after thou hast won●… suspected her to be nought, thou shalt not enjoy the be nefit of dioursement. furthermore if a man be an adulterose person himself, he shall not forsake his wife, which is as naughty a woman, as he is a man, finally we do wrest and writhe this term of exception, which is (except for etc.) so much that we do deneye that it doth give any power to a man whereby he may put away his wife, but that it doth serve only, for to certify thee, if tho●… dost put away thy wife, that by thy put tinge her away from thee, thou shalt not make her to be a whoar forsomych as she is a whoar when thou dost depart from her. For so is the mind of Augustin. But I do call that to be a true divorcement, which at those days, was A right d●… vorsment. allowed, & none other, when a man might lawfully take another wife after he was separated from his wife. For, where as we do understand that to be divorcement, when the man and the woman are sondcrid from dwelling together in won house (the bond of matrimony nevertheless remaining still) was such divorce meant is of our own brain there ever any of the old devyns and lawyers, which did define such a manner of divorcement? But of this matter we will speak more hereafter. As toching this point then, we are so straight, & so nigh that we go to the very rigour and extremity of the law, but in thee rest, we care not how largely, how favourably every man doth take and understand the words thereof, we can be content to receive every manner of interpretation. The lord doth forbid us in that place that we should not swear at all, yea he doth forbid that much more The makig of 〈◊〉. straightly, than he doth forbid dyvorsement/ and with more words he beateth the matter into our heads, and yet, for the valour of. xii. d. we care not how often we swear, excusing the matter with this ex position, that we are commanded not to swear unadvisedly with out a cause. And wherefore do we not as well say, that we must not put away our wives unadvisedly for every trifell? He doth forbid us, to be angry, we do expound it with this word unadvisedly and cashlye. He forbiddeth us to give any evil name to any man. We Thou shal●… slander no man do give him blows also, yea and oftentimes kill him, couloring our offence with these words, saying: we did not the deed for any hatred or malice, but for the desire of amendment, and ponyshinge of this or that naughty deed. He bid death also/ that we shall not offer The offerig up of the gyste. with out charity forbidden our gift, except, we be first in love and charity with our brother, we do cloak that saying with these words, if he will ask me forgiveness, and make me a good recompense, and a mends. He commandeth us/ that we shall not go to law Going 〈◊〉 law for debt, which is due to us, but that we should fall to some agreement with our adversary, and we, for a matter of two pennies, will cast our neighbour int●… prison, and say, we do no more but seek our right, acccordinge to the law. Yea we do judge him to offend, and call him a negligente person, that will not this way seek to come by his own. He commandeth us that we do no wrong to him again, which doth wrong to us, although we might by the law be justly revenged. For in the old time the requiting of like, was permitted not without consideration. Again, if a poor man doth steal but a small trifle from us, we bring him straight way to the ●…ow we colourably do de ●…end our de ●…sh 〈◊〉 gallows/ saying, that we do follow our right and not to be revenged. christ also commandeth us. not to resist evil, which saying we say is of counsel, not of precept, and that we may nevertheless lawfully with force, repel force. And to be short, we be commanded to love our enemy●…e, to do good to them which do evil to us to pray for them, which do cur●…e us, and for this also we have a cloak and say: I will pray to god to give him a better mind, but I am not bound to show tokens of famylya●…ite to him. And finally on excuse serveth for them all, which is, that these things are commanded not to all men, but to them which are perfect. And yet for all that, none of them all, which do boast themself of most perfectnis. will knowledge the profession of a perfect man, showing himself to be such a manner of person, when the duty of a perfect man is required at his or their hands, so that these words of christ are almost spoken in vain. Christ speaketh these words, not among the common people, but to his dys●…yples, and that in the mount, showing, and setting forth unto them, which was the purest, and godliest part of his body, which had no need of any laws, which he calleth the kingdom of heaven. For, what need is it that there should be any law, that a man shall not kill, where is found no man, which though he be offended, that can find in his hat to be angry, nor yet to give none evil and naughty word, where he which hath taken wron goe doth seek upon the love and friendship of his enemy, where every man had rather to give away part of his right, than to follow the law. What need is it to have a law there, where no man doth covytte, that which is noon of his? Wherefore should there be any swearing there, where no man doth go about to deceive won an other, yea where no man doth mistrust any deceit? What should the law set punishment, that a man should be revenged upon his enemy, with the like grief and hurt which he hath sustained, where men do love their enemies, where a good turn is done for an evil. where good words are given against bad? Likewise there is no need of a testimony of divorsement/ where is non evil man, or if there be any other fault (as we are all men) it is ey there borne with all, or else it is straightway amended, and hard no more of. Show me such a kind of people as christ doth wish they should be, & there should be then neither dyvorsementes, nor yet oaths. But and if for the weak sake, which the church hath in so great a number, no man is forbid to seek after his tied by the law, no man is prohibited for to swear so it be for his own, not falsely for swearing himself, no man also is constrained to do good for evil, for what cause is this won point as tochinge dyvorsment required of all men a like? If the jews, for the hardness of their hearts were permitted to put away their wives for every tryfel, lest they should do a worse thing, and we do likewise perceive, that among christian men, beside the uncharitable agreement which we daily see to be among married folk/ that there are greater perylls and dangers (that is to say) cruel murders, poisoning one the other, and enchantments, for what cause, if there be all won disease, and sickness, is not the like remedy & help found for them? The apostle Paul doth not commend, that a man, or a woman, should be twice married, and yet for to avoid an unchaste manner of living, he doth permit that thing which he dareth not command them to do: taking it to be better to marry, than to burn. And shall we abate nothing of the rigour of divorcement? The jews did interpret, and expound that, which Foy●…es wrote, of the libel of refusing their wives, to be as though he did give them leave to put away their wives for every trifling matter, as for example, if they should find any blemish or foul thing in 〈◊〉 bodies. For after that manner they do demand of christ in the nineteen chap. Math. Whither it be lawful for a man to put away his wife for every light cause. Christ doth restrain the separation of man and wife to won cause only, not that there at not greater offen ces and more grievous offences than adultery, but because whoredom ●…herfore do th' christ na 〈◊〉 but won ●…use of dy 〈◊〉 s●…eus in wedlock is all manner of ways repognant, and directly contrary unto the state of matrimony, For matrimoni doth make of. two: bodis but won body, which unity of bodys, adultery, which is whoredom in matrimony doth cut a sunder. christ then doth permit unto his people no more but won cause of divorcement not all together for bidding them of that Moses did suffer them to do for the hardness of their hearts but saying only that it was not so from the beginning. For if man had continued in the first state, wherein he was made at the first, there should have been no manner of divorcements▪ christ doth call his people to an innocency of life, and would not have such separation between man and wife, because he will not have them to be hard of heart, and yet Paul doth bear with the weas nes of man, enlarging oftentimes the precept of the lord. For what cause can not the bishop of rome doth same? But, as touching These words, that which gol●… hath joined. etc., how they are to be under stand that, they do object forth of thee self same place, That, which God hath copeled together, let no man separat, it may be quickly answered unto. That, which god hath joined, is well joined, and that, which god doth separate and put a sunder, is well separated. Among the Ethnics, matrimony was not lawful, except it had been confirmed, with the consent of the patents, and authority of the tuters of them which were married, yea, not among the Jews, was it other wise lawful, and yet with them both, matrimony might be dissolved for certain causes. Among the Christian men, marriage is exceeding lightly made, & after it is once mad The 〈◊〉 contracts of matrimony between par 〈◊〉 〈◊〉 cornars without con s●…t of the parents it can not be undone again. For matrimony is contracted secretly in corners, after a stealing fashion, between boys and young wenches, by the help and counsel of bawds and whoares: it is contracted between tools & drunkards, and yet this shameful contract, can not be undone, yea (which is a more strange matter) they do make of this filthy, and ungodly contract an holy sacrament. For/ our common disputations, which are of mutual consent, of the words pertaining to the present time of matrimony fully confirmed, and not confirmed, they be but the minds and interpretations of men, and not the very express words of god. I do grant, that there is no matrimony, with out the mutual consent of the par tes, but I would have a sober, & a godly consent, not such a consent as is won by craft and giel, and by drunkenness. I would have such a consent▪ as should be made by the counsel, and advise of both their friends, as is meet and convenient to be, in such a thing as can never be undone again, after it is once knit, yea and such a thing as deserveth to be nombryd among the sacrements of the church. But when the bishop, or other lawful judges knowing and being certified of these causes between any parts do separat them a sunder, which are so contracted together/ then doth not man separate that, which god hath joined, but that which chyldyshnes, foolishness, want of wit. and of know ledge, & dronkenies hath joined together, that (I say) which the devil hath joined together by ba●… des, as well men bawds as women bawds, & by whore's, which at his mynnsters/ and true weigh ghting servants, that same doth god very well separate and undo by his ministers. But here they do make an other objection, and say, The church doth allow divorcement and separation of man and wife to be made, so far that after the separation, neither party doth marry again. I pray the tell me, doth CHRIST so mean, in this kind of divorcement? The question was put to him of the jews, and he made the answer again unto the jews. But the jews knew none other kind of dyvorsement, but that, which did bar them from taking that woman again, whom they had put away, and gave them liberty to marry another. For, that the women of the jews might marry again with another man after they were put from their hosbonds, it is easily enough to be provid, by that the pressed is forbid in the law to take that woe man to wife, which is divorced from her hosbonde/ which law should have stand then in none effect, if the woman which was put away might not marry again. For the instrument of divorsment The 〈◊〉 why the libel was commanded to be given was given then for that purpose & intent/ that the man might not by any law have tytul to claim to take her again, whom he had put away, that the second contract of the woman, with an other husband might be firm and stable. And so is the mind of Chrysostom, which liketh me better, than that which. S. Augustyn doth w●…yght▪ in his. nineteen. book and five and twenty chapter, which he wrote against Faustus. But, i●… Christ did speak of the right dyvorsment, from whence then is come this new kind of divorce, which is rather a name of divorce, than a divorce in deed. But if we should grant that Christ spoke of this divorcement, that we do observe and use, forsomiche as he did permit but only one cause of separation, wherefore doth Augustine make other causes, the is to wit idolatry, and heresy being led thereto by no●…e other reason, but because these crimes, are (as it were,) a certain fornication. But after that reason every grievous offence, which doth separate the soul from god, may be called a kind of fornication. Wherefore do our laws put so many casses, that almost they can not be nomberyd, wherein they do permit divorce? Hyerom doth pronounce that a man may pute Follow not 〈◊〉 thee 〈◊〉 〈◊〉 〈◊〉 a way his wife freely/ if he doth suspect her to be a whoat, as these his words do testify, which are. where soever (saith he) is found for nycatto●… or the suspicion thereof, a man may freely put away his wife. But if we may lawfully by any means make any manner of alteration, or change in the commandments of god, wherefore do we not seek some remedy for those which are till copeled together, & do live in peril of both there healths? If we may not, how durst these doctors be so bold, of won cause of separation make so many. The laws which, they call the cā●…on laws do give licence to that man or the woman, which is turned from infidelity to 〈◊〉 law of Christ to marry another if the husband or the wife will not forsake their infidelity, & blasphemy of god. christ did permit no cause of marrying again but only fornication. And yet in this casse we will grant, that, which we are afraid to do in that other. If a woman be divorced from her husband, because the disposition of his body is fich that he is not apt for marriage/ she may marry again, but if her husband were a parycyd from whom she is divorced, she may not marry again. In their laws if a woman did marry a bondman or a slave, whom she believed to be a free man the contract of the matrimony, although it be consummate, is thereby dissolved, and fordone which is not so, if she were deceived in thee quality of the person, (as though it were a greater matter, and more untolerable to be married to him which is a bondman, than to him which is a socerar, a man quellar, or a parycyd. That point which is of less weight, is not exactyd, and that which is more grievous, is stre●… ghtli required. Some mansperaduentur) will say unto me, that in this casse, which is of the bond man, and free woman, matrymoni is not dissolved, but declared only, that it was no true matrimoni which appeared so to be at the first. I do here him well enough what he saith▪ but I do ask him this question again, by what authori te they do pronounce that this cause is sufficient to undo that matrimony, which was so thought to be, and other causes/ which are as great, and greater than that, to be unsufficient. Or else wherefore do they not make the same excuse, to help them, which are ungodly joined together and to pronounce, that it was no right ma trymony, which was contractyd by dronkennys, & crafty counsel of bawds, between young lads, & wenchies without the consent of there parents, under whose custo die they are? But now let us discuss, and examine the causes, and considerations, which did put the old fathers in mind, that they thought it good that neither party should marry again after divorce, yea though the divorce, was made for the crym of fornication. Hyerom showeth this cause saying: lest, if he doth marry Jerome. an other, he should seem to put away his first wife not offended with any enormities of his wife, but because he would mari a more beautiful woman than his wife is. These following are his words. And because (saith he) it might chance, that some man would find fault, and accuse his wife sclanderosly, which in deed is an honest woman, and so, to the end that he might marry another wife would lay some grievous crime to her charge, the man is so commanded to forsake his first wife, that he shall not be suffered to marry another, so long as his first wife doth live. Which words do sygni fie asmych, as, if thou dost put a way thy wife not for the dyspleasur y● dost bear to any sinful act of the flesh, but for some injury, which y● hast received by her, for what cause sith y● y● hast found thy first marriage so unlokkey, & contrary to thy mind, dost thou put thy self in danger to suffer the like if thou dost marry again. Likewise, for so much as it might so chanse that the woman according to that same law might sew a divorce from her husband, the self same order is taken for her, that she shall not marry again, if she be once divorced. And again, because the woman which hath played the harlot and adultros person, did not fear the great opprobry & shame which should follow that shameful act, therefore, the man which doth The woman divorced for whoredom▪ may not, mary again, marry her bring divorced, is warned that if he doth marry such a woe man, that he shall live with here in the sin of adultery and so to be an adulterar. Thus far are the words of Hyerom. But let us a lyghtel while now not look of how great authority this writer is of/ but let the redar weigh and consider the matter with me, why there this be suffyclent causes where fore the innocent man, her husband which hath not offended, should be bound to a wicked woman, so that he should live alone without fruit of his body and burning in the lust of the flesh, lest (I say) he should be taken for a man of small wisdom, which would again take upon him that thing, which at the first did not go well with him: as though it were a shame for that man to go again to the sea, which had once been in foul storms and tempests of wether, or for him which being once deceived in choosing of a friend, would seek him an other whom he might find true and faithful, or that he should be taken for an ill liver, and a covetous person, which would be content to change, not his wife, but the favour & dowry of his wife/ if it might be brought to pass. I pray y●, t●…l me what so ever they be which do suspect any such thing after the bishop hath done with th●… matter, and the dyvors justly confirmed by the authority of good and lawful judges, are they to be thought good and honest, or naughty and wicked persons which so do? Doubtless they are wicked creatures, and no good men. But do we think it to be according to right and conscience, that for a few of wicked and evil thinking persons, the husband which hath not offended, or the wife which is an honest woman should be driven to such a miserable state of living, against his or here will. The like causes Saint Augustyn doth all ledge in his book, which he wrote to Pollentius laying, lest thee woman for the hatred she doth bear to her first husband should seem to set more by an other man, and so should apere not to be so much offended with the faults of her first hosbandas she was greedy and desyros to have a new) wh●…r he spoke somewhat iestinglye, and denied that for the complaint & quarrels of the ungodly, the gospel, which is the evangel of god, should in any wise be perverted. But truly, the gospel doth not prohibit the to marry again after thou haste put away thy wife justly & lawfully. As toching the words of Paul we will speak of them more hereafter. And forsomyche as neither christ, nor Paul do not require nor will, that he shall live continent and chaste, which can not, for what cause should they be said to be naughty persons, which neither can do it, nor yet have bound them by any vow thereto? This is the fault of the body, not of the mind. And wherefore is he compelled to suffer punishment, which hath committed none offence? Yea, and is in great dysquyetnes and affliction all ready. But now where as they do make it a sacrament, whereby they will have, that no matrimony which is wonse contracted shall be at any time dissolved, let us see what manner a won it is. Neither this same augustine, which ascribeth three virtues unto matrimony, when he doth call it the third sacrament, thinketh, that it is won of the seven sacraments, (which thing Petrus Lombardus doth seem to note in the. xxxi. distinction,) yea, I can not promise you for a certainty, that this which is now the seventh sacrament, was so taken among The reasons which do make him be 〈◊〉 that ma trimony is none of thee seven sacra mentes The first ●…se the old fathers. first, because, when Dionyse did teken up all the sacraments, by their pro per names severally, showing the virtue and strength, with the ryts and ceremonies of every won of them, he doth not among all the sacraments, speak won word of matrimony. But where as some do say. that it is comprehended under the sacrament of orders, that is no more, but to show that thou haste some thing to say, when thou wouldest apere to have some answer to make, though it were never so slender, as though the li●… ceremonies were observed in joining the man and woman together in wedlock, as are, when the bishop doth make a priest or a minister. Truly sith that Paul did speak so much of matrimony as he did he should have written two words more than he did, giving it some name or other, whereby we might have known what sacrement it were. Secondly, by cause the Greks and the latin have written so many volumes, wherein they do treat of the state of matrimony, and not won place can be found, wherein they may apere to be of the mind/ that it should be counted among the seven sacraments and specially▪ forasmuch as saint Augustine which is an earnest favourer and Thee third cause defender of matrimony, doth rehearse, and in●…ulke into our heads all the virtues, and godly commodities, which at in matrimony/ not wonse naming it to be won of the seven sacraments. Yea, joviniam, which did so earnestly 〈◊〉. favour the state of matrimoni, that for that cause, he was judged an heretic, when he had turned over all the bible, both the old testament, and the new, making every place thereof, where he could have any●… howld●…, to serve for the 〈◊〉 of matrimony, would not hau●… omitted so substantial a thing, as this, and so strong an argument, as this would have been for his defence▪ bu●… would have beaten it into their ears, saying, yea, and crying out after this wise. matrimony is won of the seven Sacraments of the church, Uyrgynyte is not. Neither do I think that S. Jerome would have stomached the matter so much, against those, which would marry any oftener than wonse, if it had been known, that wedlock had been won of the seven sacraments. But for what purpose, do I speak all these words, sith that Durandus doth confess, that they, which wear 〈◊〉 the latter wryttars upon divinity, wear the first, which in their writings did begin to name matrimony, for to be among those, which properly are called the sacraments of the church. But, where as the old writers, following Daule, do otherwhile call matrimony a sacrament, I do think them to be of the mind that in the copeling together of man and wife, because it is a most sure and fast bond of amity and friendship, is represented unto us a certain figure, and image of Christ, joining his spouse unto himself, which is the church. And truly, matrimony being well kept, is a very godly, and an holy thing. Yea and also that, the which of itself is not holy, may be a type/ and a fygur of an holy thing, as was Bethsabe the wife of Uria taken from him, and joined to david, as was the avow try of Oseas the prophet, the fable also of Samson and Dalila/ as Hierom doth manifestly affirm. And again it is not requisite and necessary, that the figure should be in all points/ like unto whether the figure of a thing must in all points be like the thing figured the thing figured. For otherwise should it be no sacrament, when a man fortuneth to have a barren wife, or when a woman is cumbered with a drunken husband an evil liver, and a dysar. And although we should grant, that matrimony is a very sacrament indeed, yet shall it be no sacrament, where an old man doth marry an old woman, a drunken man, a drunken woman, which the church, for all that, will have to be a sacrament. A thousand such like examples, might be brought forth, in the which the image of the heavenly, and spiritual matrimony should not answer in all points to the corporal matrimony. Neither doth the sacrament of baptism sustain any detriment wherein the spiritual & corporal more trymony do 〈◊〉 or wrong, although some afterward be of an unclean, and unwashed life, nor yet doth it follow, that wedlock is no sacrament, although that married folk be often times naughty lyvars. For then, the divorce, which we do so lightly permit for such causes; should prejudicate the sacrament of Christ. Again, we do separate oftentimes, the man from the wife, where as Christ doth alway cleave unto his spouse. And finally, matrimony should●… not be dissolved, no, not with death if we will have the fygur answer to the thing figured in all points. Yea, if we will so narrowly look upon the type, Origen saith, that christ did dymysse the synagogue from him, because she was a mur thereat of her hosbonde, when she said: Take him: Take him, and crucify him, and putting away the same synagogue he joined the church to him for his spouse. After this image, and similitude a man may put away his wife which hath sought the death of her husband, and may marry an other woman, more meet for him. And as tochinge the congruency with what mind married fools ought to go together of the mystery, it is enough that alway won man doth join himself to won woman, with this mid and full purpose, that there should be never any separation between them which among some is a perpetual matrimony. Truly, I do marvel that where as so many old writers in the greek and latin tongue have searched to find out the causes wherefore that matrimony should be indissoluble, that no such reason could fall into their heads, as is into ours, the matrimony should never be loosed again, after it is wonse made and done. There is no man which doth contract matrimony, but is of that mind, that he would that it should continue whole, during his life, never to be dissolved. For no man at that time, when he doth marry/ will think on any separation or divorce. But it so be, it doth so chance afterward, upon any necessary cause (according to the fashion of the world) what hurt (I pray you) is done to the sacrament, if that remedy be found for them, which can not live chaste? For likewise as a privilege granted to a few, doth not disannul the law which is made generally to all men, so though some be unlockye in marriage, and many do offend, what is the sacrament the worse? Finally, it shall follow that either it was no sacrament in the old law, or else it ought not to be undone, and that specially, forsomuch as in the perils & danger of murder, we may remedy the party which is in fear, by the way of our separation, and divorce. Chrysostom doth show Chrysostom two causes, wherefore the jews might put away their wives, The first cause why thee jews were permitted to put a way their wives giving to them a libel of divorce. They are suffered to put away their wives (saith he) lest bearing hatred unto them, they should seek their death, Should then the wickedness of the wicked persons among the jews, be commodiose and profitable unto them, & not aswell the innocency of the husband among us, which are christian men, be help to him which is innocent, and without fault? The man is commanded (saith Chrisostom) The cause 〈◊〉 ●…ly 〈◊〉 〈◊〉 give to the wife to give to the woman a libel of divorce, that he might not afterward command her to come to high again, whom he had wonse cast of, to avoid the confusion, and often committing of adulteries. But truly this cause is not reckoned for any bar to us, but that we may make it lawful to thee husband to take his wife again whom he hath wonse put away. And again Christome doth say, that the cause, why a man might cast of his wife, being a whoar, then, and no wis all won, that they should not every where commit fornication and adultery won with the others wives. If then, that same be a very true cause, in deed, wherefore among us christian men is no man compelled to put from him his wife, when she is a whoar, but is plainly forbidden & restrained from putting her away, except he doth intend all his life after to be made like a man, which hath lost the use of nature. Innocentius the third in the chapter, Quanto, which we have alleged before, doth show this reason, wherefore the wife of a man, which is fallen into heresy may not take another hosbonde. Because (saith he) if they do hate there wives, or else the one of them at a time, being disposed wy●…h an other, if in such a case as this is, they might be dymyssed, and delivered or their wives, they would make asthoughe they were in some heresy, that they might quickly be departed, and marry again. The lick reason is rehearsed in the gloze made upon the chapter: Dixit dominus, in the three and thirty cause, and the first question, which gloze we alleged forth of Hyerom, a lyghtel before. But truly if we do admit this cause to be good, then may not that woman he married again, which by error was married to Peter, whom she took for to be John/ or else was married unto a servant, whom she thought had been a freeman, lest when she were in mind to be departed from her hosbond she would subornate, or fain such causes, which were not true: how be it the chapter which is recited in thee gloze doth not seem to make mich for the purpose of Innocentius. For his meaning is of the husband which doth fain himself to be an heretic, that he might fray his wife from him, and as soon as she is married to an other man, feign himself again that he is amen did and turned from his heresy: So might the man feyn himself to be a servant, which would seek to drive his wife away from him. And the like may be said against our divorcements and separations, that the husband will forge and devise some fault, whose wife doth not please him at home that he might by that means thrust her forth▪ of his doars, king it a sufficient great reward of his falset, & crafty dissemling if he may be, but somich as with out the sight of his wife in his house, whom he doth hate. Hitherto have I showed the causes, for the which divorcement/ was not permitted. Now, if ye will, let us examine the places of Paul, whence our bishops do seem to fetch, that they do make so great a dyffyculty & hardness in dyssoluinge of matrimony, and undoing of marriages. Paul, in the seuenth●… chap, of the epistle to the Rom, saith, Be ye ignorant brethren, (I do speak unto them, which●… know, what is the law,) that the law hath dominion in man, so long as the man liveth? For the woman which is in subjection to the man, so long as the man liveth she is bound unto the law, but when her husband is deed, she is loosed from the law of the man: And therefore, so long as the man liveth, she shall be called an adulteros woman if she be with an other man. But if her h●…bond be deed, she is set at liberty from the law of the man, that she shall not be an adulteros person, although she taketh an other man. Paul in this place doth not treat of divorcement or separation between man & wife, but he maketh a similitude unto the jews, which is taken out of their own law, whereby he might teach and persuade them, that the law of Moses, being taken away by the law of thee gospel, they are no longer bound to the observation of the ceremonis of the law, sith that they have taken to them a new spous, which is Chryst. Ne is it requisite and necessary, that the similitude or parable should in all points se●…ue for the thing, whereto they are compared. For thus the parable of the thief/ which breaketh into the house by night, the parable of the money which is due and owing to the usurar, the parable of the wicked & naughty steward, the parable of the vine, and the branches thereof, the parable of the children, singing in the market place, and such other innumerable, should seem very fond, if it should be examined & tried by this straight rule, to have all points agree. It is sufficient, that they do declare, & make open the thing, wherefore they be applied. It is the manner and fashion of Paul, to draw, & wring what so ever he can by any means, to serve for the gospel after a godly craft and subtlety, while he doth turn himself into all things, that he may win all men unto Christ. But our men, now a days, are nothing like unto Paul, which do turn themselves into all things, that by that craft and polyeye, they may call men away from Christ, and so come to great riches and promotions. How be it, if we will take these words of Daule as they do lie, and sound, no man shall put away his wife, although she doth play the whore. For he maketh in this place, no manner of exception. Again/ Paul shall not seem aptly to allege the law of Moses unto the jews, if they do take his words after that fashion, forsomuch, as the law doth permit the hosbonds for every cause to put away their wives/ so that they do give unto them, a write of divorce, Herby ye may perceive the Paul did not exclude and put away divorcement, for so much as the law itself, doth openly permit and allow it, but went about that thing, which he had in hand, making asthoughe he had nothing to do with this our matter, which did not toche for his purpose. And again in the seventh chapter of his epistle to the Corynths, he doth wright these words (He then which doth ●…oyne his virgin in matrimony, doth well, and he which doth not, doth better. The woman is bound unto the man, so long as her hosbond liveth, but if her husband, sleepeth, she is at liberty from thee law, let her marry to whom she will, only/ that it be done in the lord. But she is more happy if she can so abide, after my counsel. Nether yet doth Paul in this place reason the cause of dyvors, but exhorteth according to the state of those times, that they, which are free from marriage, and specially widows (for in this place he doth speak of them) should abstain from marriage, that they should be thee more free, from the business of thee world/ which was then a wicked, and an idolatrose world, and could not choose, if they did marry, but must needs join themself in affinity with the wicked & ungodly. And yet for all that, he doth not require this at their hands, the they so do, but he commandeth them, that if they which are syngyll would marry, that then they do take to their husbands such asar Christian men. And also, he doth not pluck a Christian woman from her hosbande, which is an infidel, except he doth first depart from her, and sayeth also, that she doth not sin, if being at liberty she doth marry again. For so long as she hath an hos●…ond, she hath no need to seek another. This therefore after mine opinion, is the chetest, and surest key, to the understanding Note a good lesson for the understanding of ●…iptur of the mystical scripture to mark and consider dylygentli the thing whereof the author wry teeth, and what his purpose is that he goeth about, and that specially in Paul which is somewhat slypperi and starting in his disputation, and reasoning, now leaping hither, now thither, that (as Origen doth say▪) the redar can scant understand and perceive, when he is out whither The hardest place which forbiddeth divorcement uorsementi●… all the scri●… tur he will go. Now remaineth the great matter of the chief dy●…yculty of all, which went before in the same chapter, in the which place treating of married persons, he speaketh after this wise: I say (saith he) to them which are not married, & to wydose, that it is good for them, if they do abid so still, as I do. That if they can not live chaste/ let them marry. For better it is to marry that to born. But to them which are joined together in matrimony, do I command, & not I, but the lord, that the wife do not depart from her husband. But, if she doth depart, that she do abyed unmarried or else be reconciled again to her husband, and that the man do not put away his wife. These words do seem to be spoken where the matri money is between like persons, that is to say, a christian man, and a christian woman. And the words, How ought Paul to be ●…stand 〈◊〉 this 〈◊〉 after the 〈◊〉 of Ambrose, which follow: (The rest I do command, but not the lord) are spoken of the unlike, & unequal matrimony (that is to say) between a christian, and an infidel. first whereas Paul in neither of these places doth not make that exception openly, which the evangelists do, Ambrose doth counsel thee, to supply it, with thine own understanding, lest the apostle should seem to be against the commandments of his lord And belyde this, Paul doth not ●…ere to speak of great offences, such I say as are, as grievous as adultery/ or more grievous, but of slight matters, for the which chiefly were many and often separations, and divorces, among the greeks, according to the saying of Iuu●…nal. And thus, in five year hath some women eight husbands. And this we may there of the words which do follow for else be reconciled again to her husband. Those men we said are made friends again, which thorough some offence, or displeasure have been at variance And again that party is said to be reconciled, which hath trespassed, not he or she to whom the tres pace is done. But, and if she departed justly and for a good cause, wherefore doth thee apostle command that she should be reconciled, which should rather have been intreatyd, and desired to be content, & to leave of all displeasure. But, if the fault was in them both, that the one offended as well as the other, he for biddeth/ that she shall not mary an other man, whereby her first husband should be put clean from her, but that she should con●…ynew unmarried, and so (peradventure) they may ●…be brought at one, and made friends again. Also, thou shalt understand, that the apostle in this place doth speak of the●… woman only, and not of the man, forsomych, as the woman among the jews, had no power to put away her hosbonde from here. And as touching the man, he doth no more but exhort him, that he doth not put away his wife for such light causes. For he doth not add these words (if he doth put her away, let him contyneve unmarried, or be reconciled again to his wife. Thus much doth Ambrose note▪ and observe in this place, all be it Augustin, would have, that thee woman should have in all thing as much power as the man, which The wo●… bathe the like power over the 〈◊〉 that the man ●…h over the woe man thing, like as he doth earnestly and constantly affirm, so sanne he not find to make his word good. But I am not here sure, whither Paul did in this matter, give any thing to the observation of his own law, which gave lyberti to the men for every light cause to change their wives and not only that, but also if they were in jealousy, there was a cruel remedy provided for them, where as no such thing was for the woman. And more than this. The apostle in all his epistles doth not give to the wives any great authority or rule, whom he doth make subject to the ●…power of their hosbonds, whom he will not have to be with there head uncoveryd, whom he doth not suffer not so much as to speak in the congregation. Therefore it should apere, the Paul did forbid, that the wife for fich as at light and common faults, should not forsake her hosbonde. But if she so did, that then she should not mary again, that they might be made friends, and come together as they did before. Nether doth he commend, that the woman, which is set a sunder from her hosbonde, should not marry again, if he will not have her, but this he doth choose rather, than that she should mary again, and undo the first contract clean. But if such a casse as this is, had been put to Paul, (won fool, hath made a contract with an other, a boy and a girl together, bawds, and whore's made the marriage, wine and dronkennys were counselars, they have by craft been thus brought into a snare/ and also if it had bin said unto him/ that the world is full of such marriages, & tha●… thousands are unhappily/ andyl●…●…angelyd together. Beside that, they do also but make a beck won upon the other, and thee marriage is made up if they do but wonse familiarly company together after such signs and tokens o●… love, yea and also, although they do not company together. And when they are joined, they agree not together, so great dyvorsyte and contraryte is in their conditions, manners, and natures, that there is between them continual brawling and chiding, there is such great hatred, as can by no means be suaged. The won fea●…eth to be poisen●…d of the other, the on●… dreadeth to be murdered of the other and no kind of mischet there is, which the one doth not look for at the others hand, neither of them can live without a make, and if they do abid still together, they be either of them, double cast away●…: and contrariwise/ if they be set a sunder, and be suffered to marry, yet there is hope that they shall both be out of peril and danger. If such casses (I say) were put to Paul, peradventure considering the cyreumstances of the cause, he would make some other answer than he hath made, he would somewhat release the rigour and streyghtnes of his fore mar counsel, and peradventure would otherwise also and more gently interpret, & understand his wittings than we do. Or else if that noble woman Fabiola, whom Hyerom in his works hath shrined up to a perpetual memory, which was made to do penance in going barefoot, and wearing garments of here, because she forsook her first ●…hosbond, being yet very young, and married an other ●…but Hyerom appeareth to show unto us, that her hosbonde did use her otherwise, than beeam a man to do, in that he reporteth, that she was forced to suffer such things of here husband, as no handmaiden would abide of her master. For, yea the bond men might fly from their masters, unto the image of the prince, if that they were attempted, and provoked of them, by any shameful act) if this noble woman (I say) had fled unto Paul, and had said unto him Thou wilt not require of me (O paul) that I should abid with such an hosbonde, who I can not obey and please, except I would be content to be made abominable, and worthy to be abhorred of men. Yea I know, thou wilt not suffer me to be with such man ner a man, although I would, and I do now feel thee disposition of my body, to be such, that it were not good nor profitable for me to live alone woman. Nor yet wilt thou require so great a gift, of them, which have it not. ●…i ven to them of God, which dost command, that young wydose, which are lascivious and wanton, should take them husbands. If Fabiola had said thus much or such like words unto Paul, I think she should have found more humanity/ and gentleness in him, than she did in that bishop, (what soever he was) which did put an innocent & a faultless young woman, to such an open shame & punishment, as though she had poisoned her mother, & specially, forsomiche as she did not take an other husband in contempt of the bishops law/ but thorough simplicity, and lack of wisdom. But if so be any man will say that Paul doth speak in this place as touching the cause of adultery Paul i'this place meaneth not the cause of adultery / for what cause did he not make that same exception, which the lord did make, yea wherefore did he add more words unto the thing than the lord did, in that he biddeth the woman to continue unmarried/ wherefore doth he forbid the man to put away his wife, whom christ permitted so to do, if she were an adulteros woman. I do not speak these words to th'intent, that we should have a gap made open, to often divorcements and separations of married persons. But when all manner of ways and means have been sought and attempted for the quietness of the parts, and all in vain, I would wish that remedy were provided whereby the person which hath unfortunably married & can not be with out remedy, may be pre served and helped. Neither have we need any thing to fear, least by this occasion, every place of the world should be filled with divorcements, sith that, yea among the Eathnyks, the state of matrimony, was in an honourable estimation, and had also there mutual divorcements, but yet not with out a good ground & consideration. Wilt thou have, that there shall be The remedy against d●… cement few divorces; Find some remedy that marriages may not so ●…yghtly be made and knit up. Let the par tes go together with judgement & good discretion, and by the avethoryte of the parents, which have most to do with the matter, as the●… did in the old time among the Hebrews, the Greakes, the romans, and the Barbarous nations. For who was he among the Christians, which did fetch this at god's mouth that to the contract of matrimony/ required no more but the consent of the parts? Yea though it wet against the minds of them, to whom god would have children be obedient and in subjection? But this argument, though mass of Aquine doth very sleight lie put away, saying: She is not Thomas of aquine in the power of her parents as a handmaiden, but as the daughter? Wherefore then, was it not lawful among the jews, that the daughters might marry against their Erasmus doth reason agens●… though mass of A●…ne parents will? And thus much more doth Thomas add, making a chain of like links, even as well (saith he) as the daughter ma●… enter into religion without the consent of her parents, forsomuch as she is a free woman, & not a bond woman. The evangel itself doth teach us, that the children, may go to the profession of the gospel, although their parents be against them. But here they do not resist the authority of the parents, none otherwise, but when they would have them to do wickedly. But that the daughter or the son, yea being but yet children, should forsake their Christian father & mother, to whom they at double bound to obey, & give themself to the order of Bevet or Do mi●…ik, where they may live more licentiously, not punished, nor ye●… more godly than they did before, & also that contrary to all common laws/ they should exempt them s●…fe, from the power of them (to whom both the law of nature, and also the law of god and man, wyl●… have them to be in subjection, and yield up themselves (I can not tell to what kind of people) in to a certa●… servitude, that of children, they should become forsaken of their parents, and the bondmen of other men, I can not tell, with what reason it can stand. This con sitution and ordinance, seemeth to have proceeded from the self same persons, which ordained, that a man might forsake his wife, whom he had lawfully married, yfhe had not had copulation with here, and make himself a monk, or a friar, & yet should ●…t not be lawful for the young woman 〈◊〉 ●…mary any other, before the day o●… his profession be past, and known, and in casse before the day of profession he doth go out of that monastery unto another, and so from that again to an other, so that it were now whole four year before he were professed, his sured wife shall continue all this while unmarried. And finally if after he hath been so long away/ he will be professed in none of all these foresaid monasteries, but would return to his wife again she shall be compelled to here great slander and infamy to have him to a husband, which hath so many years lived in a religious habit. This is goodly equity, & justice: This is a goodly favour that is borne to religion, the for man's ordinance/ the law of god should be broken, with thee great injury & peril of the innocent, & good young woman. And here again they do utter an other point of They have 〈◊〉 〈◊〉 to 〈◊〉 ●…shly 〈◊〉 but it 〈◊〉 〈◊〉 〈◊〉 the ●…tue 〈◊〉 ●…ir religi 〈◊〉 their crafty conveyance, and all not worth a straw. Monks at dead (say they) unto the world. And the death of the body doth dissolve matrimony, much more than the spiritual death. Although in deed, all christian men had not in their baptism professed this death/ and are not buried with christ in that same baptism. But they do make a great matter of that, they be wholly addyctyd, and yielded up, although the other christian men were not whole lie addyeted, and yielded up unto christ. Those men therefore which have been the authors, and doers of such ordinances, either un derstode not the strength of the law of god, or else they gave to much authority unto man's statutes, and laws. But to come to our matter, I would wish, that somyche at the least should be permitted to the innocent party, whose fortune, it was to be unlokkely matched with an ungodly person, as among the jews, was permitted to the froward bitterness of hosbonds, which would never be pleased, or else asmyche, as Paul doth permit to lascivios & wanton widows, for fear lest they should do that thing which is more wicked. A woman, which is married unto a man that is cold & unapt to the conversation and company of a woman, is helped by a certain condition in the law, not expressed: and wherefore should not the like remedy be in this case? divorcement (say they) among the jews is not allowed and praised, but it is permitted only. Common places for whoares are suffered among the christians also for the voiding, of a greater inconvenience. But I can not se●… that any likelihood of a verity is in it, that a jew should have offended, if he had put awe ye from him a woman of moos●… wicked conditions, and taken another home again unto him, forsomuch as the law did openly give him ●…aue, so to do, v ythoute any addytyo●…, that it was permitted to the hardness of their ●…arte, and that namely, where as by no natural sense and understanding, that thing, might be understanded, which we do interpret and expound. But if it was granted to the hardness of heart, then is that thing lawful, which GOD doth grant, specially, where as, it can not be proved by any signs, or tookens, that they are culpable, and blame worthy themself, which do take and use that same The wo●… being put a way for any manner of cause in the old law, might marry but if she played the whore. she died 〈◊〉 it. mission. But how so ever these things are, the permission is such, that the husband might freely marry whom he would, yea, and the women also, wherefore soever they were put a way. For oftentimes, we do call that thing lawfully done, which the law doth not punish. But among us christian men, that same is not only not tolerable, but it is punished, as a great offence, yea somewhat more grievously than the committing of adu●… N●…te well. 〈◊〉 saying 〈◊〉 August tery, although that augustine doth openly pronounce and declare that it is a greater wickedness & sin to commit whoredom out of marriage, than to take an other hosbonde with whom she may live after she is divorced. Nether doth he say plainly, that she is not his wife, whom she hath now taken, but, he saith, that she is ●…a there his wife, from whom she is gone, than whom she hath taken. But now let us end this disputation, which is more like unto a whole bok●…. than to a small annotation. Now be it, I thoughts good to speak somewhat of these things, that those which are stu diose, and learned, may have more matter to think on. Nether is it my mind, to have my judgement preferred, before them which are our elders, much lose, before that which the holy church hath determined. But forsomuch as in my former edition of this my book of Annotations, I did something declare and show my mind, what I would have done in this matter, whither it was according to reason, or otherwise, I am sure of a godly affection, and a good desire, that no man therefore should interpret and understand that otherwise than it was written for, of me, I thought it meet to declare here again, what reasons adduced and caused me, that I should wyssh and desire such a matter to be brought to pass, if the authority of the chur che/ could be content to allow it. It grieved me much, and I took T●…eresons, which mo●… to 〈◊〉 ●…nge 〈◊〉 〈◊〉 of 〈◊〉 pity of them, whom I did see tied with such painful bonds, as were unable to be loosed, of the which sort I knew very many, but specy ally in England, where I began first to write this book. I consi dered also, that many years ago, there were men both of godly learning, and of virtuous life/ which notwithstanding the word of the gospel and of Paul, did admit 〈◊〉 that 〈◊〉 〈◊〉 received th●… word of god and this wickedness ten sold mor●… divorcement: & separation. Beside that, I considered also, that some things might be otherwise expounded: than they have been hither to. I considered also that the bishop of rome had so much liberty given to him, that he might, in terprete, restrain, lose, dispense yea & also, after some men's minds, in some things abrogate the doctrie of the gospel & of the apostles at his own pleasure. I considered beside this, that yea in our days, matrimony might be dissolved, although it had been confirmed by the copulation of the parts, if either of them had been deceived in the per son, or in the quality of the person taking Thou for William, or a bondman, whershe thought he was free. I perceived also the for falling into heresy it is undone, although matrimony was never so strong lie confirmed, & well known of all men to be perfect matrimony. I perceived beside this, the for the profession of an order invented by man for the changing of won garment into an other, the lawful husband is deprived of his lawful wife. I perceived again, that by the bishop of rome, those persons were made unable, whom neither nature, nor yet the law of god, at any time ever had dy●…habeled, considering therewith, that the same authority and power, may dissolve the contract of matrimony, which may forbid, that they shall not go together in matrimony. 〈◊〉 considered also with myself, that the scripture is perplex and doubtful, as well in this, as in some other things. I did see again, that thould expositors, which were exelently learned/ did dyff●… sometime fromm them, which are writers of latter days. I did weigh with myself, how great authority was given of christ unto the church; whereto he gave the keys of the kingdom of heaven. I did also remember well, that the church had Note to 〈◊〉 am christ did give the 〈◊〉 〈◊〉 〈◊〉 with her the spirit of her spouse, & that nothing could be done amiss, that by that spirit should be ordained to the health of man. I considered also: with how great clemency and pity, the bishop of Here w●… 〈◊〉 goodly mo●… for th●…bishop y●… 〈◊〉 ●…oly 〈◊〉 would 〈◊〉 seen 〈◊〉 come doth succour and help, yea those which are tormented, with the pains of hell, if they be not condemned for ever. And me thought that I might also wish and desire, that some help should be found for them, which were many ways in this life, put to pain and torment/ not without great danger and peril of their souls, without any of their deserving. I perceived also, that their objections a 'gainst us, may lightly be put of without any prejudice of our religion. I considered also that the ●…asons which both the old & ●…he new writers, do bring in for this cause for them, at not so urgent and strong, that they should bind all men to sy●… a violente, and s●…yght necessity. And therefore a godly and a christian love being stytred, & provoked with these considerations, caused me to lay this matter before them, which do see farther, and more, than I do, that they might study, and weigh among them, if by any means they may find that the words of the gospel, and of the apostle, might be dispensed with, for the commodity and health of many, for the which intent, all things are written unto us yea where unto Paul himself doth often times somewhat wrest the holy scripture himself. But if this can not be brought to pass, which I wish might be, yet am I sure that this order may be taken, that marriages shall not, so sleyghtlye and unadvisedly be made, contrary to the manner of the eldars, and against all natural equity, and reason. For, if the bishop of rome may decree, that matrimony should not be contracted between persons which are of the third degree, & that it is no matrimony/ if like persons go together, after the same manner, it may be enacted, that these persons, which are in thee power of other men neither yet young men & maidens neither drunkards, nor fools, going together with out the counsel of their eldars, but only p●…ycked thereto, by whore's, and bawds, without any manner of good consideration or wit, should either be suffered to marry: or being married, should be thought lawfully married. And y●… they will go this way to work: there shall not be so many miserable knots, so fast knit, as there at now of days. Thus endeth the disputation of dyvorsement. ¶ The Censure of John Brentius in his treatise upon the cases which are concerning matrimony▪ whose words are these following, as they are written in his book. HEreof riseth a question, whither the people which were divorced, may again make another contract of matrimony, or else should continue still unmarried? At this present, as touching the party which hath offended, we will speak nothing, but let us leave him or her to the magistrate, whose office and duty it is according to the heinos ●…es, & grievousness of the crime, to punish it worthily, with the pain ordained for it. And if the magistrate will be negligent, & not do his duty, in punishing this crime: our mind is, that the ministers of the church, The ministers ought to excommunicate tho●… fenders, and not to permit them to marry, should pursue the crime with excommunication. But on the other side as touching the innocent person, whither he or she after divorce may with the law of god, be suffered to be ●…oyned in matrimony to ano there, we will now reason the matter. And herein I do not pass, for should & rotten custom, by the which, the innocent party, could not be suffered to marry, before the death of tho●…ender, forsomuch as this custom did ryze up, and come of the ●…gnorāce and lack of knowledge of the scriptures, beside that, by the words of Christ, & sayings of Paul, we do find nothing, that is more contrary unto the scriptures, than is this. etc. The rest of his words, with the whole book, god willing we will give you into our mother tongue, or it be long. Henry Bullynger. first, that is called a just divorce, whe●… likewise as neither party may take the other again, so is it in the liberty of the faultless party, to marry another. And therefore, that divorce, which was for every light cause, was no true divorce. etc. And in the sixth part of the same chapter he saith: The papists have forbidden the innocent, and unguilty, ●…o marry after the dy●… ●…orse made. which yet was nothing else but even violently to cast a snare about poor people's necks, and to draw them unto vice and sin. For the divorced could not refrain, & to marry they were not permitted, therefore with violence were they forced to whoredom. But Paul sayeth otherwyze, Better it is to marry than to burn, and God ordained wedlock for the avoiding of whoredom. 〈◊〉 touching the person that committed the offence to the dyvorse, he was punished with death, what ●…de we then to reason for the marriage of the unguilty▪ Therefore where as some do ob●… Paul's words saying: (The woman is bound to the low so long as her husband ●…yueth, but when her husband dieth, she is 〈◊〉 to marry unto whom she will, only, that it be done in the lord) it hindereth not our purpose. For where as the adulterer doth yet ●…ue, it is against god's commandment, which hath condemned him to death already: therefore in such a case, the faithful esteemeth him but dead (though through the negligence & sufferance of the would) he be yet alive. It is no reason that such sufferance should 〈◊〉 the ungylty from his freedom & right seeing the judges do not execute justice. etc. printed at London in Aldersgate street, by the widow of John Herforde, for Robert Stoughton, dwelling by Ludgate at the sign of the bishops Mitre.