The determinations of the most famous and most excellent universities of Italy and France, that it is so unleeful for a man to marry his brother's wife/ that the pope hath no power to dispense therewith. The determination of the university of orleans. NOt long sins there were put forth unto us the college of doctors regentꝭ of the university of Orleans, these two questions, that follow. The first, whether it be leeful by the law of god for the brother to take to wife that woman/ whom his brother hath left. The second, and if this be forbidden by the law of god/ whether this prohibition of the law of god may be remitted by the pope his dispensation▪ we the foresaid college of doctors regentꝭ according to our custom and usage/ came many times together, and did sit diverse times upon the discussinge of these foresaid doubts and questiones, and did examine and weigh, as much as we might, diverse and many places both of the old testament and the new, and also the interpreters and declarers both of the law of god and of the canon law. And when we had weighed and considered all things exactly and with good leisure and deliberation, we have determined and concluded/ that these foresaid marriages can not be attempted nor enterprised/ except a man do wrong and plain contrary to the law of god: yea and that all though it be done by the pardon and sufferance of the pope. And in witness of this conclusion and determination/ we have caused this present public writing to be signed by our scribe of our said university/ and to be strengthened and fortified with the seal of the same. Enacted in the chapel of our blessed lady of the annunciation/ or of the good tidings/ that she had of Christis coming/ in Orleans, the year of our lord .1529. the .5. day of April. The determination of the faculty of the decrees of the university of Paris. IN the name of our lord. so be it. There was put forth before us, the Dean and college of the right counseilfull faculty of decrees of the university of Paris this question, whether the Pope might dispense, that the brother might marry the wife/ that his brother had left, if marriage between his brother now deed and his wife were once consummate. we, the dean and College of the foresaid faculty, after many disputations and reasons made of both sides upon this matter, and after great and long turning and searching of books both of the law of god and of the pope's law/ and of the law Civil: we counsel and say/ that the pope hath no power to dispense in this foresaid case. In witness whereof we have caused this present writing to be strengthened with the seal of our faculty/ and with the sign of our scribe our chief bydell. Given in our congregation or assemble at saint Iohn Lateranense in Paris/ the .25. day of May/ the year of our lord .1530. The determination of these ii facultes/ that is/ of the Pope's law/ and the Civil law/ of the university of Angewe. NOt long time sins there were proposed unto us, the Rector and doctors regentes in law Canon and Civil of the university of Angewe, these two questions here following. That is to wit, whether it is unleeful by the law of god, and the law of nature, for a man to marry the wife/ that is left of his brother and that departed without children, but so that the marriage was consummate. And again/ whether it is leeful for the Pope to dispense in such marriage. we the foresaid Rector and doctors have, according to our custom and usage, many times comen together/ and sitten to dispute these questions, and to find out certainly the truth of them. And after that we had discussed and examined many and diverse places, as well of the law of god, as of the law of man/ which seem to pertain to the same purpose: and after that we had brought many reasons for both parties/ and examined them: all things faithfully, and after good conscience considered, and upon sufficient deliberation and advisement taken: we define and determine/ that neither by the law of god/ nor of nature/ it is permitted for any Christian man/ no not even with the authority of the seat apostolic, or with any dispensation granted by the pope/ to marry the wife/ that his brother had left/ all though his brother be departed without children, after that marriage is one's fynisshed and consummate. And for witness of all these foresaid things/ we have commanded our scribe of our foresaid university to sign this present public instrument/ and it to be fortified by the great seal of our said university. Enacted in the church of saint Peter in Angewe by our college/ the year of our lord .1530. the .7. day of May. The determination of the faculty of divinity of the university of Paris. THe Dean and the faculty of the holy divinity of the university of Paris to all them/ unto whom this present writing shall come/ wisheth safety in our saviour christ/ which is the very true safety. where of late there is risen a controversy of great difficulty upon the marriage between the most noble Henry the eight king of England/ defender of the faith/ and lord of Ireland. etc. and the most noble lady Catharine/ queen of England/ daughter of the Catholic king Ferdinand, which marriage was not only contract between her and her former husband/ but also consummate and finysshed by carnal intermeddling, this question also was proposed us to discuss and examine according to justice and truth/ that is to say/ whether that to marry her/ that our brother dead without children had left/ be so prohibit by the law of god and of Nature/ that it can not be made leeful by the pope's dispensations/ that any christian man should mary the wife, that his brother hath left. we, the foresaid dean and faculty calling unto our remembrance how virtuous and how holy a thing and how agreeable unto our profession, unto our duty of love and charity/ it is for us to show the way of justice and right, of virtue and honesty to them/ which desire to lead and pass over their life in the law of our lord with sicker and quiet conscience: would not but be ready to satisfy so just and honest requests. whereupon after our old wont, we came together upon our oath in the church of saint Maturin / and there for the same thing had a solemn mass with devout prayer to the holy ghost/ and also we took an oath every man to deliver and to study upon the foresaid question, as should be to the pleasure of god/ and accorging to conscience. And after diverse and many sessions or syttynges, which were had and continued in the church of saint Maturin, and also in the college called Sorbone, from the viii. day of june to the second day of july/ when we had searched and examined throw and throw, with as much diligence as we could, and with such reverence and religion or conscience as becometh in such a matter, both the books of holy scripture, and also the most approved interpreters of the same, finally the general and synodal councils, decrees/ and constitutions of the sacre holy church/ which by long usage and custom have been received and approbate: we the foresaid Dean and faculty, disputing upon the foresaid question, and making answer to the same: and that after the judgement and full consent of the most part of the faculty, have concluded and determined, that the foresaid marriage with brother's wives, departing without children, be so forbidden, both by the law of god/ and of nature, that the pope hath no power to dispense with such marriages, whether they be contract, or to be contract. And for credence and believe and witness of this our assertion and determination, we have caused the seal of our faculty, with our notaris sign to be put unto this present writing. Dated in our general congregation, that we kept by an oath at saint Maturins, the year of our lord .1530. the second day of july The determination of the university of Biturs. We the Dean and faculty of divinity in the university of Biturs/ because we will according to the ensample of Paul the doctor of the gentiles/ which doth like wise in many places/ will begin our writing with prayer/ unto all the beloved of god/ among whom you most dear readers/ unto whom we writ, be called/ grace and peace and quietness of conscience come unto you from god the father/ and from our lord jesus Christ. with in the octaves of whitsuntide/ while we were gathered together all into one place both in body and mind, and were sitting in the house of the foresaid Dean, there was a question put unto us again, which had been proposed unto us often times before, being no small question, which was this: whether the brother taking the wife of his brother now deed, and the marriage once consummate and perfect, doth a thing, that is unleeful, or no. At the last when we had sought for the truth of the thing, and had perceived and found it out by moche labour and study of every one of us by himself, and by moche and often turning of holy books/ every one of us not corrupt, whereby we might the less have obeyed the truth, began as the holy ghost did put in his mind, to give every man one arbitrement and sentence, which was this: I have well perceived in very truth with out regard or respect of any person, that those persons/ which be rehearsed in the xviii chapter of the levitical / be forbidden by the very law of nature to contract matrimony together, and that this law can in no wise be released by any authority of any man: by the which there is made an abominable discovering of the brother's foulness. And this is the sign of our comen bedyl & notary, & the seal of our foresaid faculty put unto this present writing the ten day of june, the year from the birth of Christ .1530. And by cause the foot of our writing shall be of one form or fashion with the heed, as we began with prayer/ so let us end, after the example of Paul that we spoke of before, and say: The grace and favour of our lord jesus christ/ the charity and love of god, and the communication of the holy ghost be with you al. Amen. The determination of the faculty of divinity of the university of Bononye. GOd best, & mightiest, taught first the old law or testament with his own mouth/ to form and fashion according to love and charity the manners and life of men. And second the same self god did take afterwards manhood upon him, for to be the redeemer of man: and so made the new law or new testament, not only to form and fashion according to love & charity, the life and the manners of men/ but also to take away and to declare doubts/ the which did arise in many cases: which when they be once clearly determined/ shall help greatly to pfecte virtue and goodness/ that is to say/ to perfect love and charity. wherefore we thought it evermore/ that it should be our part/ to follow these most holy doctrines & laws of our father of heaven/ and that we lightened by the light of god above/ & of the holy ghost, should give our sentence and judgement in high and doubtful matters/ after that we have one's leyserly and sufficiently taken advisement upon the cause, and have clearly searched out & opened the thing by many reasons and writings of holy father's/ as well for the one part as for the t'other/ doing nothing as nigh as we can rashly or without deliberation. Therefore where as certain great & noble men did instantly desire us/ that we would with all diligence possible look for this case/ that hereafter ensueth: and afterwards to give our judgement upon the same/ according to most equity right and conscience/ sticking only to the truth/ all the doctors of divinity of this university/ when we had every one by himself examined the matter before at home in our houses, came all together in to one place/ and there treated upon it many days/ with as moche cunning and learning as we could: we anon looked upon the case together/ we examined it together/ we compared all thing together: we handling thoroughly every thing by itself/ did try them even as you would say/ by line and rule: we brought forth all manner of reasons/ which we thought could be brought for the contrary part/ & afterwards solved them. ye even the reasons of the most reverend father Cardinal Caietaine, yea more over the Deuteronomis dispensation of stirring up the brother's seed, and shortly all other manner of reasons and opinions of the contrary party, as many as seemed to belong to this purpose. And this question/ that was asked of us was this/ whether it was forbidden only by the ordinance of the church/ or else by the law of god/ that a man might not mary the wife left of his brother: departed without children. And if it were commanded by both the two laws not to be done, whether the pope may dispense with any man to make such marriage? the which question now that we have examined it both by ourself secretly, and also openly as diligently and exactly as we could possible, and discussed it after the best manner that our wit would serve, we determine/ we give judgement, we say, and as stiffly as we can we witness/ and without any doubt/ do steadfastly hold/ that this marriage should be horrible/ accursed/ to be cried out upon/ and utterly abominable, not only for a christian man/ but also for any infidel/ unfeythful, or heathen. And that it is prohibit under grievous pains and punishments by the law of god of nature and of man/ and that the pope/ though that he almost may do all things/ unto whom Christ did give the keys of the kingdom of heaven/ hath no power to give a dispensation to any man for to contract such a marriage for any manner of cause consideration or suggestion. And all we be ready at all times and in all places to deende and maintain the truth of this our conclusion. In witness whereof we have made this present writing, and have fortified the same both with the seal of our university, and also with the seal of the college of the doctors of divinity, and have subscribed & signed it with our general and accustomed subscription. In the cathedral church of Bonony the .10. day of june/ the year of our lord 1530. under the popeshyppe of Clement thee▪ eight. The determination of the faculty of divinity of the university of Padway in Italy. THey/ that have written for the maintenance of the catholic faith/ affirm that god best and mightiest did give the precepts and commandements of the old law with his own mouth, to be an exampler for us/ wherein we might see bow we should order our life & our manners/ and this god had done before he became man. And after that he had put upon him our manhood/ and was become redeemer or bier of mankind/ he made the new law or testament/ and of his mere liberality did give it us not only for the cause beforesaid, but also to take away and declare all manner of doubts and questions/ that might arise/ the which once opened and declared what their very true meaning is/ to the intent that thereby we might be made perfectly good/ be greatly fruitful unto us and wholesome/ and seeing that this was the mind of god in making these laws/ it hath been our intent/ and evermore shall be, as it becometh christian men/ to follow these most solemn ordinances of the most high work master god/ and by the help of light, that is above the capacity of nature, to utter our judgement in all manner of doubts and hard questions. After that we had ones considered the thing after the best manner, and had by sufficient leisure made it clear by many evident reasons of both parties, and by many authorities of fathers of the church, determining no thing, as near as we can, rashly or with out convenient deliberation: saying therefore that certain great orators or ambassadors did humbly pray us/ that we would wytsave to search out/ with all the diligence that we could/ this case following: and afterwards to give our sentence upon the same, plainly & simply looking upon the only truth/ all the doctors of divinity of this university came together after that we had every man examined the thing particularly at home in our own houses, and have beaten it out with all learning and cunning that we were able/ anon, when we were together, we cosydered, examined, and weighed all things by themself, and brought in all manner of reasons/ which we thought might in any means be made to the contrary/ and without all colour or cloak did holly and clearly dissolve them, & take them away: and amongst all, even the dispensation by the law of the deuteronomis of stirring up the brother's seed, and all manner other reasons and determinations to the contrary, that seemed to us to pertain any thing to the purpose/ we utterly confuted and dispatched them. And the question, that was put unto us is this. whether that to mary the wife of our brother departed without children, is forbidden only by the law of the church, or by the law of god also: and if it be forbidden by both the two laws/ whether the pope may dispense with any man for such matrimony or no. which question now that we have discussed it/ and as far as we could, have made it clear/ both privately every man by himself/ & all to gathers openly/ we say/ judge, decree/ witness, and for a truth affirm/ that such marriage is no marriage: yea that it is to be abhorred and cursed of every christian man/ and to be abhomynate as a grievous sin/ and that it is as clearly as can be forbidden under most crudell penalties by the law of nature, of god, and of man. And that the Pope, unto whom the keys of the kingdom of heaven be committed by Christ, the son of god, hath no power to dispense by right and law for any cause or suggestion, or excuse/ that any such matrimony should be contract. for though things/ which be forbidden by the law of god/ be not underneath his power/ but above it/ nor he is not the vicar of god/ as concerning though things/ but only in such things/ as god hath not determined himself in his law/ but hath left them to the determination and ordinance of man. And to maintain the truth of this our sentence and conclusion/ and for most certain/ & undoubted defence of the same, we all of one mind and accord, shall at all times and in every place be ready. In witness whereof we have made this writing, and have authorized it with the accustomed seal of our unyversitie, and also of our college of divines. Dated at Padway in the church of the hermits of saint Austen the .1. day of july an. 1530. The determination of the university of Tolose. there was treated in our university of Tolose a very hard question, whether it is leeful for the brother to marry her, which had been wife unto his brother now departed, and that without children. There was be side this, another thing/ that troubleth us very sore, whether, if the Pope, which hath cure of Christ's flock, would by his dispensation, as men call it, suffer this: that than at the least wise it might be leeful. The Rector of the university called to counsel all the doctors regentes, that were that time at Tolose, for to show their minds upon this question/ and that not once but twice: for he judged/ that counsel giving ought not to be hasted/ nor done upon heed, and that we had need of time and space to do any thing conveniently, and as it ought. At the last there came together in to one place all the best learned and counningest doctors/ both of holy divinity, and also doctors, that were most best learned in both laws, yea and finally as many as had any experience in any matter, & were able to do any thing other by judgement and discretion/ or by eloquence, or by their excellent wits: and did swear, that they would obey the sacre holy counsels, and would follow the decrees of the fathers, which no man, that hath any good conscience/ will violate or break/ and so every man said his mind/ and the matter was debated and reasoned diffusely and at large for both parties. In conclusion we fell so fast unto this point, that this was the sentence and determination, that our university/ with one voice of all/ did determine and conclude, with most pure and clear conscience, and defiled with no manner of leaven or corruption: that it is leeful for no man, neither by the law of god nor yet by the law of nature, to take her to wife, that his brother hath left. And seeing that it may not be done by the law of god, nor of nature, we answered all/ that the Pope can not lose no man fro that law/ nor dispense with him. And as for that thing can not be contrary to our sentence & verdict, that the brother in old time was compelled by the law of the Deuteronomis to marry the brother's wife departed without issue. For this law was but a figure and a shadow of things to come, which vanished a weigh, as soon as ever the light and truth of the gospel appeared. And because these things be thus, we have given our sentence after this form above, and have commanded that same to be signed by our notary, which is our secretary, and to be fortified and authorized by the putting to of our authentical seal of our university aforesaid. At Tolose the kalends or first day of Octobre/ the year from the birth of Christ .1530. ❧ The preface to the reder. gentle indifferent reder thou hast here before the determinations and decrees/ which the most famous and most noble universities of all christendom have with great consent, great judgement, and discretion, with great faith fullness/ and without any corruption, with great regard/ clearness/ and discharge of conscience made/ and by their authority confirmed upon those levitical laws: by the which it is forbidden/ that any man should marry the wife of his brother departed without children/ and we doubt not/ but these decrees and determinations ought of right and good reason to be believed/ both of the and also of all other/ that be men of wisdom and discretion: and that be nothing affectionate/ but indifferent. For such men will be well content and satisfied alonely with the very truth itself/ all though it be not fortified with any witness, nor set forth with pomp and plenty of reasons: so that such men would nothing doubt/ but that thing ought to be judged as certain and true/ as possible may be/ the which so many of the most absolute/ and most wise, and most best seen men in all kind of learning have searched/ beaten out/ trased out, and in conclusion decreed and determined, with so great gravity and sober manner/ with so great study and diligence/ and with such leisure and deliberation. But peraventure there be some/ the which will little be moved from their opinion/ that they have once taken/ for all those decrees and verdites of so great learned and wisemen/ and for all the agreement and authority of so many and so excellent universities/ but will think/ that it is necessary to enter higher and deeper yet into the knowledge of the truth/ and will not ground and stablish their believe but even upon the foundations and grounds of very truth self/ which they themself have spied and clearly perceived/ and not upon other men's sentences and judgements. Therefore we have judged/ that we should do a thing worth our labour/ if we did gather in to one small book certain reasons and authorities/ by the which it might be plainly and openly declared/ that there were very weighty and rightful reasons/ which were able to bring so many learned men into this true opinion. And in doing our diligence in this matter/ it seemed to us convenient to follow, as a certain rule and line/ not only the authorities of holy scripture/ of holy counsels and canons, and also of the most approved and received doctors of the church: but also the witness of reason and nature/ and to set before men's eyes/ as far as scripture or reason, or finally nature seemed us to help, for the declaration and confirmation of the judgement and mind of these foresaid learned men. And if so be it gentle reader/ these things, that we shall say, shall not fully satisfy thy marvelous exact judgement, and shall be seen not to be greatly necessary, and to prove but smally this matter, that we go about: there shallbe no cause for all that, why thou shouldest esteem the most weighty determination, and most high wisdom and learning of these universities, by our power and small learning: but shalt for thy natural gentleness pardon our weakness and sklendernesse of wit and learning, the which was not able to do no better/ & shalt look for more weighty and piththie reasons of the universities selves/ which reasons as these universities have them in a readiness and at hand, so we doubt not, but of their humanity and gentleness they will gladly show them to every man, that will desire them/ and also shortly put them out openly to all the world. In the mean season, gentle indefferente reder, take in good worth our study/ and faithful diligence, and this our labour and enterprise, and look over these writings (such as they be) gladly and indifferently. And let it not be painful unto the good reader/ if we tarry in any place in this work somewhat long: for both the difficulty and hardness of this thing, and the manner of our intent and purpose doth necessarily require, that we should touch each one thing somewhat deeply even from the heed and very fountain and beginning of it. And furthermore, that we should declare and open all things some what at large and plentifully, and that specially in the fift chapter of this book, whereby both the truth, plainly showed, may the more clearly be seen, and the error, and false opinion of them, that be of the contrary side, may be the more easily perceived. And seeing, that this verdict and judgement of the Vnyversytyes containeth chieffely two things/ the which, as ye would say/ be the high points and heeds or issues of this determination: The first, that it is forbidden, both by the law of god/ and also by the law of nature/ that any christian man should marry the wife of his brother dying with out children. The second/ that the Pope hath not power to dispense upon any such marriages/ whether they be contract already/ or else yet to be contract. It liked us here first and foremost to look upon the law of god/ that we might clearly see the glorious brightness of the truth of our lord. For truly who so ever will diligently look with such eyes/ as he ought upon the law of god/ putting of clean the covering of his flesh and blood/ with the desires, affections, and lusts of the same/ by the which a man is blinded, that he can not see the truth of god/ he shall without doubt understand/ what things be of god, what things be of Christ, & what things be of the spirit or ghost. For truly the same law doth perfectly teach/ what things so ever belong to the fear and dread of god, what to the evermore enduring truth/ what to the everlasting justice of god/ what to the power and virtue of god/ what to the grace and favour and to the free benefits of god/ what to faith, believe, and trust/ what to knowledging of sin/ what to holiness/ what to perfection/ to rightness/ to equity and conscience/ to love and charity/ briefly/ what things before god are taken for clean or unclean/ fyled or unfiled/ comely and acceptable/ abominable and cursed/ holy and unholy. All these things teacheth the said law of god. And the history of Moses (concerning the sacrament of matrimony) is after this manner and form following. ❧ The first chapter. GOd that is best and almighty/ after that he by his power/ which can in no wise be expressed/ had made heaven & earth, and all things, that be contained within the compass of the same, and at the last had made Adam also/ he saw according to his incredible knowledge and wisdom/ that it was not convenient, nor yet good, that Adam should lead his life in Paradyse solitary and all alone without company/ and destitute of all help and comfort. for god made him naturally to live in amity and friendship/ in love and good will/ and had graven now already in his soul/ with his finger of the holy ghost/ certain general under standings/ perceyvynge/ and knowledges/ the which should not only move and stir him to the love of god and man/ to amity and friendship/ and to other duties/ deeds/ and offices of virtue: but also should greatly help and strength him/ make him able and of power to perform and fulfil those same offices of virtue/ after such manner as they ought to be done. Therefore god/ soon after he had made Adam/ cast him in a deed sleep/ and took out one of his rib of his side/ and made it a woman. And when he had brought her unto Adam/ & had coupled them straightly to gathers, by the bond & knot of marriage/ by and by he made the laws of marriage/ saying by the mouth of Adam, Now this bone of my bones and flesh of my flesh. For the which cause a man shall leave his father and mother/ and shall stick unto his wife: and they shall be two in one flesh or body/ or two shall be made one flesh or body. But the devil having envy at their felicity/ by and by came upon them by subtlety and such craft/ as can not be told/ and did not cease till he had alured them into the snare of sin. And therefore they were owtlawed and driven forth of Paradyse/ and were compelled to till and labour the earth. There when they had applied themself to bring forth children, and now by process of time the multitude of men was increased unto an infinite number: god saying/ that moche was the malice and vice of men in the earth, and that all the thought and mind of the heart of man was set and bend evermore and at all times to naughtiness and sin, in so much that they took them wives at adventures, whom so ever they had chosen/ sparing or forbearing no manner degree of affinity or kindred: our lord repenting himself/ that he had made man, brought in the waters and noah's flood upon the earth/ and slew all the flesh/ in the which was the spirit of life under heaven/ except those few, whom he commanded to go in to the ark or ship of Noah, the which few when after the drowning of the world/ they were called out of the ship abroad, that is to wit, when that our lord was atone again with mankind, he giving his blessing to Noah & his children/ when he was about to publish unto them again the laws of marriage: first and before all things he commanded them to do their duty in marriage, and to increase and multiply/ and fill full the earth. But after this when certain hundreds of years were paste, and now the children of Israel, after their departing out of Egypte (where they had dwelled of a long time) had been in the wilderness lx days more or less/ and had pight their tents against the mount of Oreb, and there our lord had showed unto Moses, with wonderful religion and fearfulness, not only the commandments and judgements/ the which he would to be given to his people: but also had instruct him at large of the building of the tabernacle/ and of the ornaments of the same, of sacrifice doing, and of bull bourned sacrifice/ and of the place and time of the same/ of the priests of the kindred of Levi/ of the difference of meats/ of the clensynges of leprijs/ and of other mistycal things: in the which outwardly appeared a shadow of faith/ and of good manners/ not the very thing in deed: our lord called Moses unto him again out of the tabernacle of witness or promise/ and by cause that the time was even at hand, for the people of israhel to enter into the land, that god had promised them, he commanded Moses again/ that by his word and commandment he should admonish the people of new/ of keeping the moralle precepts/ and that pertain to good manners/ and to the ordering and well ruling of their life/ and that he should make them plain and open unto them/ after the most largest and plainest manner that he could. Therefore by cause, that god did study/ and did care before all things/ that his people/ whom he had chosen for his own proper flock/ should with such chastity and pure holiness/ as becometh/ keep their matrimony/ the which is in honour and reverence amongst all folks: And because they should keep their beds unspotted and undefiled/ nor should not pollute themself with such manner of marriages, as he had abhorred and had in abomination now of long time amongst the heathens/ & had rightfully be revenged upon them by most grievous punishments, because they were uncharitable/ incest/ and a cursed/ our lord commanded Moses, that he should prescribe unto his people/ laws of matrimoni, that should be conformable and agreeing with honesty and shamefastness natural/ and that he should utterly forbid such marriages/ which had foulness and dishonesty in them. And therefore our lord used these words unto Moses/ in the xviij chapter of the levitical/ saying: O Moses/ speak unto the children of israhel/ speak and tell them/ not thy word/ nor thy commandment/ but mine. For I myself/ their very lord and god/ do teach them this/ and this command them/ that they live neither after the abominable custom of the Egyptians/ from whose miserable bondage I have delivered them into perfect and full liberty, by my valiant arm and mighty power: nor yet after the ungracious usages, and manners of the Cananees/ whose land I will give unto them/ and will bring them into it▪ but that they from henceforth observe and keep my commandments/ my judgements/ and my laws, and that they follow them, and live after them. For beside other mischievous vices/ this thing also is leeful and customable among those hethens/ to mingle or mary themself by most shameful lust and pleasure of their bodies with women/ that be most nighest of their blood/ and of their affinity/ putting no difference between them and other women. Therefore I will have my people to be very far from their manners and conditions. And therefore I mine own self, their very lord and god, say unto them, & command them/ that no man so hardy to come nigh any woman/ that is near of his blood/ for to discover her foulness or shame, as to his own mother, to his step mother, to his sister, to his niece/ to his aunt or father's sister/ to his mother's sister, to the daughter of his son in law, to the daughter of his daughter in law, or to his wives sister. Also no man shall take the wife of his brother, and no man shall discover the foulness of his brother's wife, because it is the foulness of his brother. For who so marrieth his brother's wife/ doth a thing/ that is unleeful, he shall be without sons or heirs male. Therefore let not my people be polluted with none of these things, with which all the hethyns be defiled/ whom I shall cast out before their faces, and with whom that land is polluted/ and I shall visit & look on the mischievous sins of that land/ that it shall vomette and spew forth the inhabitants of it. Let them keep my laws, and my judgements/ and see they do none of all these abominations, whether he be of the country borne, or a till man/ that is a stranger among them. For the dwellers of this land/ which were in it before them/ and have polluted it/ have done all those cursed things. Therefore let them beware/ lest that when they have done like things, the land vomit & spew them out/ likewise as it hath vomit and spewed out the nation/ that was there before them. For every soul, that shall do any of these abominations/ shall perish from the mids of my people, nor shall not be reckoned amongst my holy people. ¶ And truly hitherto we have showed you/ by a certain breve exposition/ and that only upon the faith & credence of the most approved doctors, that be/ and also as shortly as we could/ almost all that ever is prescribed and commanded in the old testament, by the mouth of god himself, upon the beginning and first ordinance of marriages/ and of the laws thereof/ and more over upon the impediments or lets of marriage/ by the mean of kindred and affinity/ the which have place at this day. whereby it may easily be perceived, that such an impediment of marriage is expressly found in the holy scripture/ where by persons be made unleeful to contract matrimony/ that is to say/ the impediment by nearness of blood, as Moses called it: by the which we understand both them/ that be of kindred, and them that be of affinity also, and that not generally in all kinsfolk/ but specially in those degrees and persons, which both we have rehearsed/ and they be expressly rekned up in the foresaid xviij chapter of the levitical. And by the same foresaid things a man may also well see, that no man can pretend any colour or cloak/ or find any manner of cavillation, whereby that man, which hath married his brother's wife, should not be judged of all the whole people, not only to have contemned and despised god, the which hath with so great majesty commanded the contrary, but also to have offended by infecting and corrupting the manners of the people, by such a mischievous example, to have done against the laws of nature, and also to have broken foully and ungodly, the rights and holy keeping of shamefastness and marriage, finally to have hindered universally the propagation and increasing of love and charity between christian people. For who so ever will consider aright, and according to reason, the order, the strength, and virtue of these laws/ and also the wise intent and reason of the making of them: he shall soon perceive, how true it is, that we have saide. And first of all consider/ how greatly these laws of matrimoni do help for the maynteininge & exercise of virtue, of chastity, of cleanness, of holiness, & purity of marriage, of natural demureness, shamefacidnes, & reverence, that aught to be between kinsfolk, specially in marriage, of propagation or increasement of love and charity, and finally of divers other duties, offices, and deeds of virtue, which both of themself be honest & good/ and besides forth be necessary also to the purchasing & obtaining of everlasting felicity. again ponder, how god, most of power, and most best, doth exhort in a manner by certain obtestations or affectuous/ & hearty desiringes & prayengꝭ, not only the jews/ but also the strangers/ that live after Moses law/ to perform and fulfil these foresaid laws, not only for his benefits and goodness, that they have had, & should have of him, but also for his own authority and majesty, which is most great, and in no wise to be disobeyed. Over & beside all this consider, with how great strength & weight of words, and with how great care and thought god, in decreenge these laws/ doth often rehearse/ saying▪ It is not for a man, it is foulness, it is mischevousnes, it is cursedness/ it is abomination, it is not to be spoken, it is not leeful/ it is against the very laws of god/ briefly it is filthy and slanderous/ that any man should do any such thing▪ Last of all & for a conclusion consider, what and how grievous punishments god doth threaten them with, when he doth require of them the keeping of this laws: ye and more over, how sore he hath taken vengeance, and hath punished the heathens, by cause they had contract cursed marriages within these degrees, and that before this law was made. And he doth threaten also like, and not a whit less punishments, unto the jews/ and hethins/ that profess the Jews law/ if at any time they did commit like enormities. Forsooth if any man will weigh well/ and examine these foresaid things/ religiously/ and with good conscience/ so as they ought to be/ how shall he not straight approve and allow the conclusions and determinations of those Universities/ and to think certainly, that it is forbidden both by the law of god/ and the law of Nature/ that any christian man should take to wife his brother's widow. For saying that these prohibitions (as we shall here after more largely declare) were hallowed & founded by god himself upon the fear of god/ upon the truth, upon justice/ upon holiness, and equity, and conscience, on faith, upon perfetnesse and ryghtnes, and on charity/ and for to declare and open the knowledge of our sin/ for to declare the knowledge of the grace and free goodness of god, for cleanness/ for comeliness/ finally for good reasonable and holy obedience/ or service of god/ and such as should be to our lord god pleasant and acceptable/ what man, having pure conscience in his soul, doth not judge such forbidden marriages to be incestuous, foul, unclean, abominable, and a cursed before god and man? And what man, ye though he were governor of all the whole world, if his conscience pricked him for such incest, will not fear the terrible judgement of god? first/ least he should provoke and bring upon himself the vengeance of god/ as did the sons of Cain, the which were drowned in noah's blood, by cause they did foully abuse their sisters and their brother's wives, as approved doctors do say. second, lest he should be constrained to flee his country, and his children/ either to be destroyed or disherited, like as the kings of Canaan were served/ and as it came in time passed to the king jechonias. Finally/ least that after this life, he fall also into the torments of everlasting punishment. For here you see before your eyes the sacre holy laws of god/ here you see the lively prophecies, and words of exceeding virtue and strength, the which be more piercing, as Paul saith/ than any double edged sword/ which ronnethe through, till they have divided the life and the soul/ and have divided the joints & the marry. which words, seeing they be so plain and open, that if any man will add and put any thing unto them/ it should be jeopardy, least he should be reproved, and found false, and a liar/ according to salomon's saying: Forsooth it becometh a christian heart more to regard the words and authority of god/ which so doth forbid/ so hath in abomination, so doth punish and revenge such matrimony, that is contract with the brother's wife/ than any manner authority of men, or any felicity of this world, that should bring a man to so great vice and ungodliness, to so great deadly remorse, and tearing a sondre of a man's mind and conscience. For who doth not understand, that we ought rather to obey god than man/ and that it shall be small profit to a man, if he win all the world/ and lose his soul. For if he lose his soul, he loseth his body also. And truly it is a heavy winning/ for the which a man loseth himself: that is to say/ his body and his soul/ into everlasting damnation. ❧ The second chapter. Therefore all though a good and a christian reder/ after that he hath ones seen these sayings of god/ can not reasonably desire any thing more to move his conscience/ that he should surely believe, that he can not break this levitical forbyddynges, that a man should not marry his brother's wife, without grievous sin/ and transgression both of the law of god, and of the law of nature also: we neverthe less will bring forth also witness of the law of the gospel, such as shall be thought to help for the clering of this matter, and also we shall show/ what the sacre holy counsels/ and the best learned and most approved doctors of the church have judged in this matter. And first of all the authority of saint Iohn and saint Paul doth maintain and confirm the sentence of these universities. The authority of saint Paul, where as he giveth his judgement, that christian men, even at this time/ are bound to keep that other levitical law/ that a man should not marry his stepmother/ which law was made and published in the same place/ the same text/ by the same spirit/ and the same self time, that this other law was/ that a man should not mary his brother's wife. And Paul calleth that uncleanliness or fornication, utterly against Nature, and beastly/ that a man should marry his father's wife. again the authority of saint Iohn is plain/ where as he openly rebuketh Herode the king/ saying: It is not leeful for the to have thy brother's wife. For what so ever the interpretation or understanding of those words is/ whether they be understand of his brother being a live or deed: yet this thing is sure/ as it is also seen to great learned men, that saint Iohn did take those words out of the levitical book. And by cause that those things, which he did say, should have the more authority, strength, and virtue, he purposely did rebuke and reprove the shameless & incest life of Herode, not by his own words, but by the words of god. For it should have been to no purpose, to have laid any crime to king Herodes charge for this thing, upon any other cause/ seeing that Herode was an alien and an heathen: and therefore was not forbidden by none other law, whereby he might not mary his brother's wife/ ye and though his brother had left ten children by her. for as the prohibitions of the law Canon they were not that time made/ & the law Deuteronomi did bind the jews only. wherefore seeing that this (no doubt) most rightful sentence of saint Iohn was given against king Herode an heathen man, generally and without any exception/ lymitation/ or distinction/ nor it is not restrained unto the wife of his brother living/ or of his brother leaving children, what other thing should we think that saint john did mean? then that this levitical law/ that a man should not marry his brother's wife, doth indefferently belong unto all men/ as well heathens as jews/ by cause it is marvelous agreeable with natural reason, and that all christian men are necessarily bound unto the obseruatyon or keeping of the same, as well as they be to the keeping of the commandment of god and of nature? For though we grant/ that Moses law was not taken a weigh, specially among them/ unto whom the gospel was not yet showed, until such time as the gospel/ and this happy tidings of Christ was published and openly declared unto them/ yet all that ever is contained in Moses law, as many as belong either to judgement/ or to ceremonies, they were deed by and by and of no strength unto them, which all ready did know, and did preach and teach, that Christ/ grace/ or favour of god/ and the gospel was come. And truly it is not reasonable to believe/ that Iohn would have used such witness, or that he would have shed his blood, and have died in the quarrel, to maintain the truth of those laws/ whose credence & authority he knew well before, that they were already vaneshed a weigh, & of no more effect, or at lest, that they should cease and be taken away soon after. Furthermore Paul doth grievously rebuke the heads and rulers, and the comunalte of the corinths/ by cause they suffered one of the city of Corinthe to be conversant among them unpunished, which being blinded, I wots not by what error, peraventure by pretence of liberty of the gospel, had taken his stepmother to wife. Ye and more over he doth condemn the same self fellow unto the most grievous punishment of excommunication, not so much by cause he had done against the law/ as because he had done against nature, saying/ that is such fornication, as is not even among the heathens, which be led or ruled by the law of nature: meaning (no doubt) that nature doth abhor/ that one & the same self flesh/ that is to say the father and the son/ should have to do with one woman/ & by this it can not but be evident & clear to every man/ that seeing Paul doth judge/ that this law of Moses/ that no man should marry his stepmother, aught to be kept even now among christian men. And seeing that he doth openly say/ that such fornication is utterly unnatural and beastly/ where a man hath a do with his father's wife, that is to say/ with her that is nigh unto him/ he seemeth plainly to mean thus/ that surely moche less it is leeful for christian folks to mary women/ that be more near of their blood/ and that all those things/ which be reckoned up in the same levitical law/ be (doubtless) in like manner forbidden/ for as much as all those prohibitions be grounded upon one reason/ that is to say/ because the man & the woman be one flesh/ and therefore be against the honesty and shamefacednes or demureness natural. And this same thing is proved also manifestly by this/ that the apostle in the same place also, doth use this word of fornication, by the which word not only he/ but also all the other apostles/ all most ever more in their writings/ are wont to comprehend all those unleeful marriages/ and foul couplynges, that be forbidden in the book Levitical. For under the same manner also Paul privily and covertly doth (no doubt) condemn all those/ which break these prohibitions of matrimony/ and foul/ unclean/ unlefule/ and to god abominable commixtions/ where he exhorteth the Ephesyens/ that no fornication/ or uncleanness, or filthiness should be one's named or spoken of among them/ and whereas/ he writing unto the Galates/ teacheth them/ that fornication/ uncleanness/ and lechery/ be carnal works. For saint Hierome, declaring the same self place/ saith: The first work of the flesh is fornication/ the which among the other vij vices is the most greatest sin/ because that by the uncleanness of the flesh the temple or church of god/ that is to say/ the soul and the body of man, is polluted and defiled. The second work of the flesh is called uncleanness/ whom followeth her companion lechery. For as in the old law, where it is written of crimes and sins/ that be not to be spoken/ which are done secretly/ and it is a very foul thing even to name them/ lest the mouth of the speaker/ and the ears of the hearers should be defiled/ all such vices the scripture hath comprehended them generally/ saying: Make you the children of israhel to be shamefacid and afeard of all uncleanness. Even after the same manner the apostle, in this place also/ doth name and call all other extraordinary and unleeful pleasures/ and also the acts that be done in marriage self uncleanness and lechery/ if they be not done with shamefacidnes and honesty/ and as under the eyes and in the sight of god/ and only because they will take pain, and do their duty to bring forth children. For saint Augustyne writeth, that like wise as under the name of theft in the ten commandments is understand all manner of unleeful usurping or meddling with an other man's good: and under the name of adultery must be understand forbidden all manner of unleeful meddling together, and all manner of unleeful use of those members: So plainly all manner of unleeful couping or marrying together of man and woman is called in scripture foulness/ and all adultery and foulness or foul, and unclean marrying also, in scripture is called fornication. For all though, as Isodore saith, all men/ that do lewdly abuse their bodies/ have not one will of their foul dealing: yet how some ever a man doth pollute himself by pleasure of the body, all is called fornication. For of delight and pleasure of doing fornication, there come many & divers foul lusts and vices: again which the kingdom of heaven is shut/ and man divided & departed from god. Furthermore the apostles in the council/ that they called & kept through the holy ghost in Jerusalem, went about to prescribe & show what poyntis of Moses law they/ that had ꝓfessed Christ's religion/ & were become Christ's men, should be bound to keep or to forbear, & they made a decree word for word as here followeth. It is thought convenient unto the holy ghost, & to us, that there should be no further burdon laid upon you, than these necessary things/ that is to say/ that ye abstain from contaminations of idols, & from fornication, from eating of beasts/ that be strangled to death/ & from eating of blood of beasts. In the which place doubtless they covertly/ under the general name of fornication, did forbid all manner of coupling and marriage unleeful and prohibit by the law/ and did prohibit the self same thing, which was understand under the name of fornication/ after the meaning and intent of the old law. For seeing that they do forbid fornication, even so as it is forbid by the rules and commandements of the law/ it can not be/ but we must needs think/ that here in this decree of the apostles/ marriages unleeful/ contrary to the disposition of the law/ be also forbidden. For of those marriages there was no need for the apostles to have made further constitutions/ or new provisions for them. for that thing that is not changed, wherefore is it forbidden to stand? And seeing that these Levitical laws of god were not changed: it followeth, that they did stand still in their old strength and auctortie: and by this reason the apostles had no need to make a new law/ but forbidding fornication general/ did forbid all those unleeful marriages/ that god had forbidden before in the .18. chapter of the Levitical. ¶ And therefore let no man flatter and gloze himself/ as though these commandments were light/ or these reasons of little weight or regard/ when that you see evidently/ that they be great foundations and grounds of our faith/ laid by the holy counsel of the apostles/ and as ye would say the strong pillars and upholders of the church/ to drive out fornication and idolatry: unto the which thing these fornications came very near. For every christian man doth pertain unto the church or company/ for the which christ/ willingly gave himself to sanctify it, and make it sacre and holy/ and to purge and cleanse it with the washing of water through the word of life. And again all we be members & parts of Christ's own body, and we be of his bones. Therefore we had need to take sure keep/ that no man with foul and ungodly marriages do defile and pollute the temple or church of our lords body/ wherein dwelleth the spirit of our lord. For who so defileth the temple or church of god/ our lord shall destroy him. Wherefore me seemeth/ that it is declared manifestly enough by these foresaid reasons/ that these prohybitions of marriage have authority and strength even at this day/ not only by Moses law/ but also by the gospel/ and by the ordinance of th'apostles/ and they be both of God's law/ & of the law of nature most hollely made/ and evermore to be observed and kept/ and at no time to be broken. ¶ Now to come to the doctors of the church. Tertulian/ the most oldest writer of all that were sins the time of the apostles, is author and doth write/ that this Levitical forbidding/ that a man should not marry his brother's wife/ was brought in/ taught/ and ordained specially and by name even of Christ himself and his apostles/ because that all the whole church and company of Christ's faith should observe and keep it with all devotion and reverence. For the same Tertulian disputeth against Martion upon this point/ that Christ in the gospel did excuse rather than destroy Moses constitution of the law of divorce/ or departing of man and wife. This matter/ saith he/ of divorce is not here brought in suddenly of Christ/ but it taketh his rote and ground of that thing/ that Iohn maketh mention of. For Iohn did sore rebuke Herode the king/ by cause he had, contrary to the levitical law/ married the wife of his brother/ which was deed, and lest a daughter/ that he had of her. And therefore Iohn was cast into prison by king Herode, and afterward by him slain. Therefore saith Tertulian/ that after there was mention made of Iohn/ and what end followed of him/ our lord for an example of unleeful marriages and adultery did vehemently cry out upon king Herode/ saying openly and plainly, that every man also was an adulter, who so ever did mary her/ that was departed from her husband/ that there by he might make the ungodliness and abomination of Herode the more grievous and heinous/ which had married her/ that was departed from her husband/ as well by his death as if she had been divorced from him/ specially seeing that his brother had a daughter by her/ so that she was married unto him unlawfully/ and it were but for this thing/ because he did it by instinction and motion of foul lust of the body/ and not by instinction and motion of the law/ and therefore slew the prophet, which was the meynteyner of the levitical law. And the same Tertulian also writeth in an other place: Because, saith he, that certain persons some time do say, that they have no thing to do with Moses law/ which christ doubtless did not take away/ but fulfilled and made it perfect, do some time take those things of the law/ that liketh them, and make for their purpose: plainly we also say this/ that the law is departed and gone, as touching this point/ that according to the mind and saying of the apostles/ the burdens of the law/ which our fathers were not able to bear/ be utterly ceased and taken away. But as for those things that pertain to justice and virtue/ do remain whole/ not only reserved/ but also amplified and increassed/ so that our instyce and goodness/ which be christian people/ should be moche greater and perfecter than the justice of the scribes and pharisees/ and be such justice/ as a very just man ought to have. And our chastity likewise should excel and pass theirs/ and in no point be lass than theirs. Now because it is commanded in Moses law/ that a man should take to marriage his brother's wife/ that is departed without children/ because he should stir up sede/ or get issue to his brother: And because this thing may happen often times to one person/ as that one woman may be married to vi or vij brethren/ one after an other/ for lack of issue by the former brother/ according to the subtle question of the Sadduces in the gospel: therefore some do think/ that the oftennes of marriage is permysed also in other cases. But these men should have understanden first of all the reason and consideration of this precept/ & so they should have well known/ that this reason is now ceased and one of the things/ which be now void and of no strength nor authority. For a man was bound of necessity to marry the wife of his brother/ which was departed without children: first because that as yet that old blessing of god: Increase you and multiply, aught to run forth and continue. second by cause the children were punished for the father's faults. Thirdly because that the dry and barren persons were had for defamed persons: therefore an ordinance was made/ that they should have issue by other of their kin/ as ye would say by a proctor/ and bigotten after the death of the father/ because that they/ which were departed without issue/ not by the fault of nature & by prevention of death should not therefore be judged accursed and unhappy. But now the blessing of increasing and multiplyeng bodily and carnally is ceased/ because the world is at an end. For the apostle induceth & counseleth us/ saying. There is no more, but that they also, which have wives, should be, as if they had none, because the time is short. And again, The sour grape that our fathers did eat/ that is the sin that they did/ doth no more stonysshe, or set on edge, the teeth of the children. For every man shall die for his own sin. And more over the barren now be not all only without infamy and rebuke, but also have deserved thank & favour of god/ being invited and admitted into the kingdom of heaven. And therefore now this law, that a man should succeed into his brother's marriage, or that he should marry his brother's wife, is now utterly deed and buried: & the contrary of this law hath place, that a man should not succeed into his brother's marriage, nor marry his brother's wife: And by this (as we said before) that law which is ceased/ and is no more of strength/ by cause the reason of it is taken away or ceased/ can not be a convenient prosse for an other thing. ¶ Therefore seeing that these things before said were written of Tertulian/ at that time, when the church had made very few laws, or truly none at all, beside though things, which Christ himself & his apostles had taught/ it is plainly to be believed that this law, that a man should not marry his brother's wife/ came by the ordinance of Christ & his apostles/ & that it was renewed/ confirmed/ & declared/ as ye would say, by a new convenant & agreement & by a latre testament, as a law very worthy to be observed of all christian men for ever more, and that ought to be kept with all reverence & religion. ¶ And that holy man saint Gregory, which for his great learning and virtue was named Great/ doth greatly confirm the same thing/ which when saint Augustine the bishop of the english men, had in time passed written to him for counsel/ whether two brothers german might marry ij. sister's/ which were descended of a stock far from them, he answereth, that this thing in all cases was leeful to be done, by cause there is nothing found in holy scripture/ that is thought to speak against this point. And again/ when he was asked of the same bishop/ unto what degree Christis faithfuls might mary with their kynsewomen/ and whether it was leeful for them to marry with their stepmothers/ & with their brother's wives/ whom at that time they called cousins/ he answered in order to both two questions in this manner. There is a certain earthly and worldly law within the dominion of Rome/ that the son and daughter of brother and sister/ or of two brothers germans/ or of two sisters/ may be married together. but we have learned by experience/ that there could never issue come of such marriage/ and the holy law of god forbiddeth us to discover the foulness of our cousyns. wherefore it must needs be amongst faith full or Christian people, that if they, that be of kin, will lawfully marry/ that they be in the third or fourth degree of kindred. For they, that be in the second degree/ which we spoke of before, may in no case be married together. And as for a man to be married with his stepmother/ it is a grievous synnne. why so? because it is written in the laws of god, thou shalt not discover the foulness of thy father. For although the son can not discover the foulness of the father: yet because it is written/ The man and wife shallbe two in one flesh or body: doubtless who so shall presume to discover the foulness of his stepmother/ which hath been one flesh and body with his father/ he in deed doth discover the foulness of his father. again, it is forbidden by the levitical law, that a man should mingle or mary with his cousin, that is to say his brother's wife, because that she/ being ones joined with the former brother, is made his flesh: and for the same thing saint john Baptist lost his heed, and by an holy martyrdom was brought to his end. Unto whom it was not saide/ that he should deny Christ/ yet he was slain for confessing Christ. But because our lord jesus Christ had said: I am the truth/ saint Iohn truly shed his blood for Christ/ by cause he was slain for the truth. But because there be some among the english people/ which while they were yet infidels or unfaythfuls/ as it is said/ have mingled themself by such abomination, and not to be spoken marriages/ they must be warned/ when they come to the faith/ that they abstain and forbear their carnal pleasure between man and wife, and that they believe and grant/ that it is a grievous sin to use it. let them fear the terrible judgement of god/ lest for a little carnal pleasure they fall into the torments of everlasting pains. ¶ Now reder mark diligently with me these words of saint Gregory, & consider me here in his writing iii or four things. first that the most holy & most excellent learned doctor, both in the law of god, & of man utterly & plainly affirmeth, these Levitical laws, that a man should not marry his brother's wife, with the other/ to be of such authority, that he saith openly, that they be the very law of god. second, that the same laws be now at this time of such authority & strength/ that it is not leeful in any case to contract matrimony contrary to that is forbidden in the same. Thirdly, that the occasion of saint Iohnns martyrdom was this/ because he would meinteyn & uphold the truth & authority of the same laws against Herode the king/ which had married his brother's wife. fourth, that the marriages/ which certain english men had contract with their brothers wives/ and that even before they had taken the faith upon them/ to be so unleeful/ & not to be spoken, that they could not without deadly sin render their duty of marriage one to an other/ nor yet abide still in the same mariagis: the which thing truly we think ought not lightli to be passed over. For ones saint Paul biddeth and commandeth, that they, which be lawfully married/ should neither be divorced/ nor yet the ton to deny the other the right & duty of marriage. Again, saint Gregory had granted licence unto the said englishmen/ that they might contract matrimoni in the four degree/ & that marriage contract in the four degree should not be broken. wherefore these things considered/ it must needs be/ that there was doubtless some great cause/ why saint Gregory would not admit or suffer such marriages/ as the englishmen had contract with their brother's wives/ at the lest wise to have suffered them by a dispensation or licence, if it had been leeful to have dispensed with them. And truli there lacked not causes, which ought to have moved him for to have dispensed with them: As because of the faith of christendom/ the which some freill persons had liefer peradventure utterly to forsake and renounce, than to have departed from their tenderly beloved wives/ as the times were than in the beginning of the faith. another cause should have been this/ that they had bound themself by marriage before the washing of baptism/ at the which time there were no laws written, by the which the heathens were forbidden from such marriage of their brother's wives. But this most holy and most wise man thought/ that in all and before all a man should regard the commandment of god. And he would not be author nor causer to no man for to break that law. He saw, and plainly did judge/ that he, which had married his brother's wife, hath done contrary to the principal cause of marriage/ and against the natural inclination of man/ which he hath to have issue and posterity/ because that god saith: He that marrieth his brother's wife/ shall die without children. he saw that this is plainly an ungodly deed/ abominable before god and man/ and also against the nature of man/ and as nigh as can be unto the nature and life of beasts. He saw/ how grievous punishment is abiding them/ which have defiled them self with this foul sin. Therefore he judged/ that neither peace/ nor yet faith and christendom, nor any other thing in this world, beside forth, is of such virtue and goodness, that it is able to recompense and weigh out the malyciousnes of this deed. He would not than that such marriages should stand still and remain/ or be called/ or so much as be thought to be marriages: but he would rather have them broken and undone/ and did command/ that as many as had entangled themself with such marriage/ should be admonished and warned/ that if they would profess Christ's religion/ they should from thence forward abstain and forbear from meddling the one with the other: If not/ they should have for their carnal pleasure/ the torments of everlasting punishment. ¶ Furthermore reder there be other bishops also/ which in time passed were in very deed greatest and highest/ not only for their learning and wisdom/ but also for the holiness of their life/ that may clearly teach thee/ that these Levitical forbyddynges of marriage have in them the authority and majesty both of the law of god and of the law of nature/ and that by very good right and reason. Among the which Popes be principally/ Calixtus/ Zachary/ and Innocent/ the residue we will not speak of. For Calixtus/ when he was asked why the marriages of kinsfolk were judged to be unleeful/ he answereth: Because/ saith he/ that both god's law/ and man's law/ hath forbidden them. And truly goddess law doth not only cast out the children/ which were gotten in such marriages/ but also doth call them accursed: and the laws of man do call them infamed persons/ and do put them back from their father's heritage. Further Pope Zachary answereth in this manner unto Theodore the bishop of Tycin or Pavy, asking counsel of him/ whether that the god daughter might be married with the natural son: Thy holy brotherheed, saith Zacharie, knoweth right well, that our lord did command Moses, saying: Thou shalt not discover the foulness of thy father, or mother, or sister: for it is thine own foulness. seeing therefore that we are commanded to abstain from our own kindred carnal/ moche more it is convenient, that we should with all straytenes beware of her/ that is our father's daughter spritual. which place the glosser expounding doth argue/ that the Pope/ all though he would/ can not dispense in the two degree of consanguinity/ nor yet in the ij degree of the first manner of affinity. for the ij. degree of consanguinity and of this affinity hath his beginning of the law of nature. And again because the same degree is forbidden expressly in the old testament of god. ¶ Furthermore holy Pope Innocent the third also/ when the king of Hungary had complained unto him of the bishop of Quiclesiense/ that he should have misused himself with his own niece/ he would give no ear to such complaint. For who, saith he, can lightly believe, that the bishop of Quinclesiense would be turned to so shameful passion/ that he would commit abominable incest with his own proper niece, seeing that even after the minds & sayings of the heathens, the law of nature doth not suffer, that we should suspect any grievous crime between such persons. ¶ And the same Pope also, following the holy constitutions of the emperors in this point, For the same consideration/ did make a law/ that priests might keep their moders/ their daughters/ and their sisters germans within their houses. ¶ Furthermore the same Pope/ when the archdeacon of Byturs sent unto him to know/ whether that wife/ which was departed from her husband without judgement of the church/ because her husband and she were in so nigh degree of kindred/ that the seat apostolic could not/ nor yet was not wont to dispense with it, aught to be restored again to her husband/ answereth on this manner: This woman/ saith he/ which doth know the kindred between her husband and her/ specially in those degrees/ which be forbidden by the law of god/ can not have to do carnally with this her husband without deadly sin. For all that is not done with faith and good conscience/ is sin: and what so ever is done against our conscience/ doth build to hell ward. And therefore it were but folly to give judgement in this case/ that this woman should be restored again to her husband, by cause she ought not in this point to obey the judge contrary to god/ but rather should meekly suffer to be excommunicate. For if she should be restored again unto this man/ there should rise a marvelous perplex and intricate difficulty. for she should be bound to do her duty to her husband/ because of the judges sentence, and again she ought not to do it because of her own conscience/ seeing she knoweth/ that she is of his kindred. And so it should come to pass/ that they should be grievously cumbered/ and a snare should be set for them both/ to bring them to hell/ saying that they can not carnally come to gathers/ nor yet be married the ton with the other. Therefore/ saith he, as often as kindred is object within the degrees forbidden by the law of god/ it is thought best/ that judgement be given/ that restitution be made as concerning all other things/ but as concerning bed and carnal meddling/ restitution must utterly be differred/ seeing it is better for both parties to be discharged in their conscience under this manner/ than by the other weigh to remain in charge and cumbraunce of conscience. And Innocent doth confirm in the foresaid place this judgement of his/ by divers reasons, first by the answers of two Pope's/ Lucius and Clement, of the which the one utterly denieth/ that there should be made any restitution in the foresaid case, and that they ought in any wise to know of the exception/ that is/ whether they be in such degree of kindred or no, before they come to the article of restitution, whereby she should be restored home again to her husband. ¶ And the other Pope, all though he grant, that she should be restored/ yet when that is obtained, he thinketh it is not leeful for the man/ which doth know of his kindred between him and the woman, neither to pay the duty of marriage against his own conscience, nor yet that he can require the same of the woman, Because, saith he, if he should do it/ he buildeth to hell ward: no more than he can, that is married to his kynsewoman & hath knowledge of his kindred/ although there be no question nor doubt moved upon his marriage, but only his own knowledge and conscience. ¶ Furthermore Innocent confirmed his saying by a common opinion and determination of the Canon laws/ by the which doubtless it is determined/ that in degrees of kindred/ forbidden by the law of god/ there should be no way to restytution/ by cause that in those degrees there can be no dispensation: But in those degrees/ the which be forbidden by the law of man/ there may be full and effectual restitution/ because in these degrees there may be dispensation. Nor be doth not sin/ which in this article doth pay the debt of marriage at the commandment of the Church. ¶ And truly many other things there be written of the same holy man, for this purpose, in other places: but our book would grow to an exceeding great volume, if we should write them all. And these things, that we have shewedde, gentle indifferent reder, do clearly open unto thee/ what these good Popes have determynedde upon these Levitycall prohybytions of matrimony/ which is this/ that they do bind of necessity/ because they be both of the law of god/ and of Nature/ so that they judge/ that they ought of necessity to be observed both among christian folks/ and among infidels and the unfeythfuls. ¶ Now beside all this/ we shall prove the same by the authority of holy counsels. For doubtless in the counsel of Tollet it is decreed in this wise: we decree/ that no faithful man shall desire to have any near kinswoman of his to be married unto him/ because it is written in god's law: No man shall come nigh her/ that is next of his blood to discover her foulness. And it is written again: Every soul/ that shall do any of those things, shall perish from the mids of his people. ¶ And in the counsel of Agathe it is ordained in this manner: we reserve utterly no manner of forgiveness nor pardon/ nor dispensation/ for incest marriages/ but we will in any case/ that they be punished, except only they heal their adultery by departing the one from the other. For as for incest persons/ we judge them not worthy to have any name of marriage, saying it is a deadly thing even to make any token or mention of such persons. And we judge them to be incest persons/ which by carnal meddling have defiled his brother's widow/ which was in manner his sister before/ or he that hath taken to wife his sister german/ and he that hath married his stepmother. etc. All these persons we doubt not but they have been before time, and by this our constitution be, incest persons: and we command, that they abide and pray among them that be yet unchristened, and but only lerners of the christian faith/ and not to come among christian folk/ till they have sufficiently repent themself, and amended that they have misdone. ¶ Furthermore in the counsel of Neocesar/ and in the Synod of Gregory the younger/ it was decreed, according to the words of god, that a woman/ which had been married to ii brethren, should be put back from communion, and from receiving the sacrament until she die. And a man that had married his brother's wife should be an anatheme, in the which synod all to gathers answered an anatheme be he/ that is as much to say/ as damnation to everlasting death. ¶ Last of all, and for a conclusion/ that sentence of wiclyffe, wherein he did bold that the prohibitions of matrimony, written in the levitical/ be only judicial precepts of Moses, & therefore the causes of divorce brought in by the mean of kindred & affinity/ to be brought in without ground and foundation, and only by the ordinance of man/ was dampened as contrary to all virtue and goodness, as heretical, and expressly against holy scripture, in the great convocation, that was had first at London/ and after at Oxenford/ & last of all in the counsel of Constance. ¶ There be decrees of other counsels and answers in writing of other of the Popes, which do subscribe and agree to these foresaid determinations/ of the which thou shalt find very many in the Pope's law/ both in the book of decrees/ and of the epistols decretals also: but we trust/ gentle and indifferent reder, that these foresaid things shall fully content the. For thou seest here first of all, in manner an hole common assent and agreement of the whole church/ and furthermore thou seest the Popes themself do give so great majesty and godly authority unto these levitical prohibitions, that they do plainly affirm and hold steadfastly, that who so ever do marry contrary to the commandment of these laws/ be not in very deed man and wife, nor they can not have to do carnally to gathers, without deadly sin, and that they may depart in soundre without any ingement or decree of the Church/ and that they neither can nor ought to be compelled by any judgement of man, either to require or to perform the use and custom of marriage one to an other. Thus say the Popes, and it is to be thought and believed, that both they did know the compass of their jurisdiction/ and what they were able to do, and that they had would rather to have encreassed and amplified their power and authority, than to have restrained it and made it less. And reader thou seest/ that they leye none other cause hereof/ but only this, that is because none authority of man can extend or stretch so far/ that it may release by any dispensation the forbyddynges of god. More over thou seest/ and except we be deceived/ thou dost grant and confess also/ that these decrees and laws of these Popes and counsels, upon the marriage of the brother with the brother's wife/ is plainly none other thing than a publishing and sending out of the law of god, and of the teaching of the apostles, & no new law of their own invention or making. For they do never so forbid such marriage/ as though it had been leeful before time/ but only rehearsing unto us the old law of god, and the received or approved custom and usage of the church. And that there hath been such a custom and usage even from the first beginning of the church/ and that it hath been observed before there was any Pope's law/ it is evidently known by the words of tertulian/ which we have before rehearsed. Finally to make an end thou shalt understand/ gentle reder/ that the requests and suits of divers persons/ which have desired dispensations in these degrees/ have many times heretofore been denied and repelled by the Popes of Rome, which answered them thus: It is not in any case leeful for us to dispense with the laws of god. And this we shall show you here after. Now seeing then that very natural inclination doth move us unto the observation and keeping of these forbiddinges, seeing reason doth lead us, honesty stirreth us, fere of god, and love of god and of our neighbour, goodness and virtue doth desire us/ the commodities and benefits/ which come by the increase of love and charity, do counsel us to the same: And seeing that god, most best and almighty, made these laws himself, and that the consent and agreement of all people hath approved the same, finally seeing that the same self finger of god/ which is the holy spirit of god, which commanded these prohibitions to be written in the levitical book/ doth ratify and confirm the same prohibitions/ both in the godspel of Christ, and in the writing of his apostles, and also in the sacre holy counsels of the church/ ruled and governed doubtless by the holy ghost: And seeing they be commanded of necessity to be kept of all christian people/ it can not be, but that the sentence and determinations of these universities is of as undoubted credence and authority, as can be, where they say, that to marry her that is left of his brother/ dying without children/ is so forbidden/ both by the law of god and of nature/ that the Pope is not of power to dispense with any such marriages, whether they be all ready contract or else to be contract. ❧ The third chapter. ANd thus we think, that we have well and sufficiently confirmed and established our intent and purpose by the Pope's law/ and by the authority of counsels. Now next we will go about to fortify and make good the same by the most excellent and most faithful interpreters, and most true doctors/ that expound holy scripture. Among whom Origen cometh first to our remembrance/ for he expounding the twenty chapter of the Levitical doth declare at large this sentence of god, Keep you all my commandments and my iustifienges, and my judgements: it seemeth saith he/ requisite and necessary/ that we show/ what is signified by every one of these words/ and truly (as far as ever I could perceive) a precept or commandment is/ As for an example that, which is said in the ten commandements: Thou shalt not slay, thou shalt not do none adulteri. for this is only precept or commanded, but there is no punishment put to, for the breaking of it. but now these same self precepts or teachings be rehearsed again/ but here penalties be put to them. For in this place it is said: what so ever man committeth adultery with a man's wife/ and with his neighbours wife/ let them die, both the man/ that doth adultery, and the woman, that he doth it with/ and he that shall sleep with his father's wife/ and shall discover the foulness of his father/ both two let them die/ for they be guilty and death worthy. There were precepts or rules given already of these things before, but there was not put to/ what punishment he should have/ that did break them: Now therefore these same things be rehearsed again/ and the penalties of every trespass is set. And therefore these laws may well be called iustifiinges and judgements/ by the which he, that doth sin, or breaketh the commandment, is judged to receive/ that is just for his trespass. But behold the order of the godly wisdom. god doth not set punishment by and by at the first/ as soon as he had yeven the precepts or rules/ bow men should live. for he will have the keep the precepts of thy father/ and to do as thy father willeth and biddeth thee/ not for fear of punishment/ but for love that thou haste to virtue and goodness, and to thy father. But if thou dispysest to do as thy father teacheth thee, than there is a commandment, that thou shalt be punished/ not because thou art a man, so moche, as because thou art a contemner and despiser of thy father's teaching. Therefore first of all thou art provoked and moved by gentleness and fair means, as a child. and David testifieth, that we be children/ where he saith: you all be gods, and the children of him that is highest. that if thou wilt not be obedient like a good child, but wilt be a transgressor and a despiser of thy father's teaching/ thou shalt be punished like a bond man. After this he saith furthermore. And if any man shall sleep with his daughter in law, his sons wife/ let him die, both two have committed impiety or abomination, and they be guilty and death worthy. These laws and precepts god had given before without any punysshmentes or penalties. For he had said: Thou shalt not discover the foulness of thy sons wife/ and all the other precepts that there do follow. And this place like wise there he putteth without punishments/ but here he hath put it with divers kinds of punishments. And in the end, where he speaketh of the same Levitical prohibitions, at the last he maketh this conclusion. Therefore it is good saith he, to take good keep/ lest at any time we reverence our carnal father, or our father of heaven with less honour than we ought, and they deserve. And like wise it is good to observe/ & honour our mother, and also to observe and keep all other such commandements, what so ever they be, that commend to us shamefacidnes, cleanness, and chastity, to th'intent that we should follow/ and live according to the same/ that we should neither according to the carnal law of Moses/ be in danger of death here in this present life/ neither after fall in to the punishment to come, of everlasting fire of hell/ after the spiritual law of the gospel. ¶ And like wise chrysostom doth agree with this saying of Origen, where as he doth stiffly and plainly hold, that fable & tale/ that the Sadduces made upon the woman/ that they said was married to vij brother's/ to be but a fantasy, and a thing feigned and imagined: For the jews, saith he/ be such men/ that we see them even now at this time to be mightily afferd to marry with their brother's wives, because/ as you would say/ they think surely there should some mischief come of it. And not withstanding that the law should constrain and bind the jews to marry their brother's wives, yet for all that we see them often times little regard it/ and make light of it/ and not to do it. wherefore Ruthe/ a woman also of Moab, was driven to marry with one of her kin/ which was very far of. And Thamar was constrained to disguise herself in a common woman's apparel, and to steal seed of her father in law. ¶ Also Basilius the great/ is of the same sentence and mind/ that these other two foresaid doctors be: which wrote unto Diodore the bishop of Tarsus on this wise: There be come to my hands certain writings/ which be sent out under the name of Diodore, but the things that were contained in them/ were like to be any other man's writingis rather than Diodors. But me seemeth/ that there is some crafty fellow/ that hath put upon him thy person/ that by this means at the lest he might misuse the authority of thy name, to get him credence, and to be believed of his hearers and scholars. For this man that wrote this thing, when he was asked whether it was leeful for a man, when his wife was deed/ to marry his wives sister, did not abhor this question/ in so much that he suffered to here it with a very good will, and did study and labour to promote and set forwards this lust, which is to shameless/ to wanton/ to foul & uncleanly. And if I had those same writings with me/ I would doubtless now or this time have sent them to thee/ because thou mightest succour and help both thyself and also the truth. But because the same man/ which brought the writings, carried them by and by away with him again/ and afterwards bore them about with him/ showing them in every place/ as though he had gotten the victory of us/ which before time had forbidden such manner of marriages/ and did boast/ that he had this licence of us in writing: I determined to write unto the of this thing, to th'intent that we should of both hands go about to reprove this imagined tale/ and falsely forged saying of this fellow, to show that it is nothing but a stark lie/ lest it may hurt them, into whose hands it shall fortune to come. And truly first of all we may leye against him the common custom, and such a custom, which by right and reason is as strong as any law/ because it is no new thing, but hath continued of long time, and was brought unto us/ not by every body/ but by the holy fathers, and the custom is this: That if any man, overcome with a shameless and an uncleanly affection & lustynes/ do fortune to join so unleefully, that he coupleth him self by marriage with two sisters/ this man is judged neither to have contract any marriage/ and that he must not be admitted in to the communion of the church/ or to come into the company of christian folk, before that they have broken this so unleeful couple or bond/ & be departed the ton from t'other, in so much that if we had none other thing in this matter/ to keep away this so great a mischief, only the authority of this custom were sufficient. But because who so ever wrote this epistle/ went only about this thing, to bring in to the manners of men so great a pestilence & corruption by colours of arguments/ by a crafty and subtle reason: it shallbe necessary also for us, not utterly to abstain from the aid and help of reasons. how be it in things that be very plain and well known/ the opinion that men have conceived already/ and that doth appear to have been received by the opinions and minds of holy men, in so much that there is a custom brought up by the same: ought to be of more weight & regard with every man, than that thing, which reason invented and imagined afterward/ should be of power to persuade. It is written/ say they/ in the levitical. Thou shalt not take the sister of thy wife, being yet a live, to cause them strive/ which of them shall be best beloved and most set by/ for to discover her foulness upon her. By the which words it is open/ say they/ that it is suffered to take thy wives sister/ when thy wife is deed. whereunto first of all I answer and say this: what so ever the law saith/ it speaketh to them, that be bound to keep the law as to the jews/ but not to us/ that be christian folk. For by this mean we should be bound to be circumcised/ to keep the sabbat or day of rest/ and to forbear and abstain from meats. For we should not submit us & bind ourself to the yoke of the bondage of the law, where as we find any thing, that doth agree with our appetite & pleasure/ and when there appeareth any thing in the law/ that is heavy and hard, and contrary to our pleasure and appetite/ then to run to the liberty and freedom/ that christ in his godspell and law hath set us in. But if any man ask this question/ whether this thing be written in the law or no? whether a man that hath married the one sister may also marry the other? I say for a surety▪ that which unto us is both manifest and true/ that there is no such thing written in the law. for a thing that is not expressed in the text or letter/ but it may be gathered of the words/ that the lawmaker meaned so/ if such a thing be brought in by manner of a reason/ as that must needs follow of that is said there/ though it be not expressly written/ to say whether the law maker meaned thus or no/ this is a point that belongeth to the maker of the law self to determine/ and not to him, which is desired to tell, what is expressed in the scripture. For else if every man may say, that this was the layers mind/ & though he spoke it not, yet he understood it, & this he did mean, as of the words may well be gethred: than if there be any man of so ungodly audacity/ & wicked boldness/ which/ even while his wife is alive/ would have her sister to his wife, he shall not lack/ whereby he may prove that he may lawfully do it/ by a like gloze & distinction. ye & no doubt hereof/ for the scripture is this: Thou shalt not take thy wives sister, while thy wife is a live, for to make strife and debate between them/ which of them should be better loved. Of this it followeth, and so the lawmaker should seem to mean, that if there be no such strife for pre-eminence of love between them, than it is not forbid, for a man to be married at ones to two sisters. For he that will set his mind upon his lustiness and pleasure, will hold stiffly, and say/ that it is not possible, that any such emulation or strife should chance between sisters. And by this mean, sins that the cause is ceased and gone/ for the which the marriage of two sisters unto one man is forbidden: what now can let, that it should not be leeful for any man to have at one time two sisters to his wives/ if we will admit such fashion of reasoning in scripture? ¶ But thou wilt say to us, this reason that we make now/ is not in the scripture▪ we grant and say like wise again to thee/ no more is that reason determined and certeyned by scripture/ by the which it should be proved of the contrary part/ that it is leeful for a man to marry two sisters. For the invention and gloze/ by the which both the parties saith, that their intent and purpose doth follow of the scripture, though it be not expressed in scripture, is all of like on the one side, and on the other/ and giveth asmuch liberty and licence to do noughtli with as much impunishment the tone gloze as doth the t'other. But a man ought diligently to have considered the preceptis that go before/ and than he should have had no need to have taken all this labour and pain, for to invent and imagine additions to scripture on this manner. For it appeareth, that the lawemakers' mind was not to speak generally in those laws of all manner of sin/ but to forbid specially and only those vices/ the which were commonly used among the Egyptions/ from whence the children of Israel came/ and also that were specially used among the Cananees, into whose land they were going at that time. For in this place of the levitical the very text of the scripture is thus written, word for word, as followeth: you shall not do, saith god/ after the custom of the land of Egypte, where you have dwelled, nor you shall not do after the manner and usage of the region of Chanaan/ in to the which I shall bring you/ nor ye shall not live after their laws/ nor follow such things as be leeful among them. In so much truly/ that it is very likely/ that as yet there had been no such piacull or abomination committed among those nations. And therefore it was thought, that there needed no lawmaker/ nor law to forbid that kind of sin/ that was not used: but that the custom/ used of long time among them/ should be sufficient to make men abhor and detest so great a vice. ¶ How is it then/ saying he forbiddeth the greater vice/ that he speaketh not also of the lesser? doubtless by cause he judged, that there should come many/ which would be given to pleasure, and would follow the mischievous example of the patriarch jacob/ that married his wife's sister, and would marry with their wives cistern, ye and that their wives being a live. But now what shall we do? whether shall we confess and grant those things, that be written? or shall we apply our wit to be somewhat curious, and to search out those things/ that be wrapped up in silence? It is not provided fore, here in this law, that the father and the son should not use one harlot: and yet the prophet judgeth them worthy of as great rebuke as may be, where he saith: Lo the father and the son go to one woman. Finally how many and diverse kinds of sin hath the crafty discipline and school of the devil invented/ the which the scripture of god passeth over in secretis & silence, and that for this consideration and intent/ by cause the scripture of god suffereth not her honourable and reverend majesty to be contamined and distained with the names of so fowl vices/ but scripture comprehendeth all manner of uncleanliness under general names. Like wise as Paul the apostle, under this one general word unclenlynes, comprehendeth all manner of uncleanliness/ & not to be spoken impurites of man and woman▪ where as he sayeth: Let neither harlottry, nor fornication, nor yet no manner of uncleanness, be once named among you, as it beseemeth saints. So by this we may see, how true it is/ that the silence of scripture can not help us, that we should have liberty to fulfil our filthy pleasures. ¶ How be it we judge/ that the lawmaker did not utterly hold his peace in this matter/ but that he hath forbidden this thing as diligently and as vehemently, and straightly as can be. For seeing he saith: Thou shalt not approach to no woman, that is near of thy flesh and blood/ to discover her foulness or privities: This saying doth comprehend also our kin by affinity. For what kin can be more surely knit, or more near to a man/ than his own wife or to speak better, than his own proper flesh or body? For now they be no more two bodies/ but one flesh or body. And for this cause it is not lawful in any case for the wives sister to approach unto her sister's husband, which is near of her kin. For like wise as we abstain from our stepmother, as we do from our own mother/ and it is as unleeful to mary our wives daughter/ as our own daughter: even in like manner we may not marry our wives sister no more than we may our natural sisters. And on the other side among women this reason of kindred hath place in like manner. for women be forbidden to meddle with the nigh kinsmen of their husbands as the men may not meddle with the nigh kinswoman of their wives/ seeing that the rights and laws of kindred do all of like bind them both, the women, as well as the men/ as it is evidently known. ¶ But I do admonish and say unto all men, which think any thing on marriage, that the flower and state of this world tarrieth not/ and there is a short time to come/ to th'intent that they, which have wives should behave themself, as if they had no wives. ¶ That if any man on the other side will lay against me this saying of god, Increase you & multiply, than would I laugh at the man's undiscretnes/ which doth not consider the times/ when the laws were made/ and what were the occasions of making of them. For second marriage is permised to avoid fornication, and barlatry with common women, and concubines/ and to comfort the impotentnes & great frailty of nature/ & not because it should be (if I may so call it) a gardeviandes or maintenance to intemperance and excess of such pleasure: and therefore sayeth the apostle. They that can not refrain and forbear/ let them marry. How be it they that marry not, do not against the law though they marry not. But such kind of men, that would marry their wives cistern/ because their judgement and understanding is all blinded with a shameful and an infamous affection and lust/ they look not once upon nature/ which long sins hath devised certain and special names, the which should show of whence every man is borne. and where a man marrieth two sisters/ this can not be. for they that be borne of such couching to gathers, what name shall one of them call the other, brethren or cousins, that is sisters children? For sooth by the mean of this mingle they may call each other indifferently/ both brethren and also cousins, with great confusion both of names & of kindred also. wherefore O man, make not thy babes a stepmother in the stead of their other mother/ or aunt by the mother side. Nor arm her not with cruel ielosyes and spites of stepmothers, which ought before of nature and kind to cherish thy children even like a mother, where as now unto them/ that thou hadst by the first sister, the two sister, if thou marry her, must needs be a stepmother. for of stepmothers only the hatred & malice is so eager, that it revengeth displeasures after the death of them/ that they be displeased with. And where as in all other discords death maketh peace/ the spite and malice reygnethe and ragethe in them even after death. ¶ For a conclusion of this matter, if a man desire a wife/ according to the law/ the world is wide, he may have choice enough. But if he regard not the law/ but his lust, so moche more he oucht to be withstand, for to learn him/ to keep his vessel clean/ according to honesty/ not to the desire of the flesh. I was about to write more unto thee/ but it should be out of measure for a letter/ and I pray god that other this our admonition may prevail against all such foul affection and lust, or else that this pestilence come no near us: but that it may wear out in the same places, where as such shameful boldness first began. ¶ On these men's side is also Isichius/ Gregory Nazianzens' scholar/ a excellent learned man in holy scripture. For he expouninge this place of the Levitical saith thus. The intent of all this process is this, that we should abstain from all vice/ and do those things that be virtuous. For the lawemakers' intent here is this/ to restrain us from all lechery/ and not to be spoken marriages, and from fornication, both spiritual & carnal. wherefore when he giveth these foresaid commandements/ he saith: I your lord god. which words he spoke for this cause, that when we perceive that he, which commanded us to do these things/ is our creator/ and made us of noucht/ and that he is our lord and god/ we should with all heart and mind apply ourself to keep the things which he commanded. For god did not in one place of the law give twice commandment/ that they should do his judgements, and keep his commandements: god made no such rehearsal nor doubling/ nor said not twice: I your lord god: but Moses, yea rather the holy ghost, that spoke in Moses, doth this for this consideration, that these holy laws should not be despised or little regarded, by cause some said, that they were Moses laws. But these things, that be here commanded/ be not Moses precepts, but the commandments of god. Again Moses rehearsed these things because there was marvelous diligence and study taken, that both the letter and text/ and the literal or carnal sense and plain meaning of these precepts should be observed and kept/ and also the spiritual and ghostly understanding/ and that a great and a right law should compose and order both the outward and the inward man also, which is bound to keep both the outward superfyciall meaning of this law/ and also the inward and mystical intent of the same. And as for the uttermore and superficial mind of this law/ forbiddeth them/ that be nigh of blood/ to have any a do together by the way of marriage or other wise, because that thing also was kept among the heathens, whose land god did take from them/ to give it the jews for their heritage. And by cause he would show that this commandment is necessary and of necessity to be kept/ he doth not only reckon up the degrees of kindred/ but also in reckoning them/ he setteth forth plainly the cause, why every law was made/ and the commixtion or couping of such persons he calleth it discovering of foulness or shamelessness/ signifying, that who so ever committeth any such deeds, every body should be ashamed of him/ every body turn their faces from him, and that he ought to be abhorred and hated of every body. For who so unhelleth the foulness/ or the parties to be ashamed of, of his kinsfolk, be they of kin ghostly & spiritual, or bodili and carnal/ he is found to be a breaker and a transgressor of all the whole law. For the thing/ that he doth, is contrary to love and charity, which is the fulfilling and performing of all the whole law. And that a man or a woman is after no small fashion polluted and defiled by these foresaid vices, the indignation vengeance and punishment, that is appointed for such vice, doth evidently show. And truly we ought not to pollute ourself with never one of them. For who so is polluted with any one of them, is polluted with them all. Therefore when the law would show/ that they be all joined and knit fast together/ so that a man can not offend in one but he must offend in all/ & so be polluted by all/ for this consideration the law hath gathered them all together, and couched them up here all in one place/ and proveth that they be so grievous and heinous enormities/ that they destroyed whole nations/ and polluted the land, and when it was polluted, made it for to be forsaken/ and to vomit out and refuse them that had committed such vice in it, not because the land could expel, put out, or evomit them/ but because even the very earth self, of the own Nature/ that god hath given it, doth wail and mourn at such abominations: and god that is rightful taketh vengeance both for this mourning and heaviness of the earth his creature, and also for breach of his law/ and for infamy and villainy done to his creature. ¶ He maketh oft rehearsal/ and stableth his law, and confirmeth his thretis, and again setteth punishments, and that for this intent, because he would fear us, and quicken us to forbear such things, as he forbiddeth us, that we should not fall in to the penalty/ that he hath threat. And truly the penalty is the loss and destruction of the soul, which beginneth here in this life by sin, that is death of the soul, & is accomplished & ended in the life to come in the everlasting torments of hell. wherefore he biddeth both the jews/ and strangers, that do profess the Jews law, to fly from such abominations, and in no case to do them, which things our ancients greatly used, and they have polluted our land. And yet now the third time he commanded the same things, to show that they be not the commandements of man but of god himself. last of all saith he/ consider with what words he doth confirm this present constitution or penal law: Suffer not yourself to be polluted with such vices: for I am your lord god: willing that we all should be clean from all pollution and sin/ for the image & similitude of god is with in us, and round about us. and as often as we pollute the image of god by sin, but specially by any of these noughty and not to be spoken deeds/ that been here forbidden, god must nediss be displeased and angry. And if we keep this image of god within our soul pure and clean/ god hath such delight and pleasure therein, that he vouchith safe to inhabit within us. Therefore who so ever doth defile the temple or church of god, god shall destroy him. For the temple or church of god is holy which church or temple you be, saith Paul to all christian folk. ¶ again Isichius saith a little after/ It is in very deed, quoth he/ uncomely and as nigh to the life of brute beasts as can be/ for a man to be married and meddle with his brother's wife/ or with any of his kinsman's wives, namely of them that be near of blood. wherefore god commandeth and decreeth, that he which marrieth of this fashion shall die without children. Doubtless because that he misusing himself doth mar and confound/ and utterly disorder the law of bringing forth children. ¶ And again afterward saith Isichius/ These things be not spoken of only to the jews/ which by cause they be circumcised and have Moses law/ think themself alone from all other nations, but they be spoken to every man woman and child which intend to serve god. ¶ And to this place we have rehearsed you Isichius words. Now with all these doctors opinion agreeth saint Ambrose, saint Hierome, and saint Augustine. ¶ first where one Pattern had a son by one woman, and a daughter by another, which had also a daughter, & would have married his daughters daughter to his son/ the maiden's half uncle, he counseled saint Ambrose in the case/ which made him this answer: I neither think nor judge, that your bishop/ a holy man, doth look after my sentence and judgement in this matter. For if he had, he would have written to me of it/ and in so much as he writeth not, he showeth plainly/ that he judgeth this no matter to be doubted on. for what doubt may be in this case, whether thy son, and thy daughters daughter, or thy niece by thin own daughter, may marry to gathers? saying the law of god forbiddeth, that thy son should marry with thy brother's daughter. But first let us examine the words of the law. for thou pntendest in thy letters/ that by this law of god, marriage between such pledges or children/ as thin be/ is suffered, sins that it is not forbidden. And I say plainly/ that it is forbidden. For sithins that those things/ which be not so grievous vices, be forbidden, as that we said of brother children, much more this, I think, is forbidden/ where is much nearer kindred. For he that bindeth us to flee the lesser/ doth not set us at liberty for the greater sin, but bindeth us the more. Than if thou think it is permised for this/ because it is not forbidden specially and expressly, and by name, no more thou shalt not find this thing/ forbidden by the words of the law/ that the father should not take his daughter to wife. And is it lawful therefore, by cause it is not forbidden? ye nothing so. It is forbidden by the rycht of nature/ it is forbidden by the law, that is in every man's heart and conscience/ it is forbidden by love and charity, which by long usage & custom/ by continuance & process of time, hath gotten this thing by prescription/ which forsooth is not to be broken/ it is forbidden by title & right of nigh kindred. how many such great things shalt thou find not forbidden expressly by the law/ that Moses made? and yet the same be forbidden by a certain plain express commandment of nature. ye and again how many things be there, which are leeful to do, and yet not expedient? All things be leeful, but all things do not build and edify. That if the apostle doth call us back from those things/ that do not edify/ how can we trow, that such a thing is to be done, that is not leeful by the saying of the law/ nor yet doth not edify, by cause the order of pity love and charity is against it, and it against the order of love and charity? For what is more solemn, or more customably and reverently observed, than the charitable kiss between the uncle and the niece/ which he oweth to her of duty, as to his daughter, and she to him/ as to her father? Shalt thou then go and make this innocent kiss of love and charity, in the which is none offence nor suspicion of evil, to be suspect, while thou dost intend such marriage? And wilt thou take away from thy dear pledges or children so devout and religious a sacrament and holy token of pure and natural love? And beside all this/ what a great confusion of other words should there be? thou one man shalt be called of one woman grandfather and father in law. She also shall be called of the by contrary names/ as nees and daughter in law. Also the brother and sister shall borrow contrary names. For she shall be her brother's mother in law/ and he shall be son in law to his sister. Shall the niece be married unto her uncle or mother's brother? and shall the pure love and charity of thine innocent children be turned in to lusty and carnal love? But though thou suffer the commandment of god go by/ at the least wise thou shouldest have regarded the commandments of the Emperors, of whom thou haste had great honour and preferment. For Theodos' the emperor forbade the brothers and the sister children to come together in the way of matrimony, and hath establysshedde very sore punishment, if any person be so bold to disteyne the brethers dear gauges/ and yet brothers children be in equal degree/ nor the one is not superior/ or as it were parent unto the t'other/ as in thy children/ where the uncle should marry his niece. By cause brother children be in a manner brethren and sister/ coming all of one parents/ if it were for nothing else/ yet for the reverence/ that they own to the same parents, the Emperor would have them abstain from marrying the one with tother. If thou say, that it hath been dispensedde with all by god: and though it hath/ yet is this no prejudice or precedent unto the law. For that statute, that is made in common and generally for all, if it be released/ it helpeth him only/ to whom it appeareth to be released/ and none other. And though we read in the old testament, that some man called his sister wife, yet this was never hard/ that any man should take his niece to his wife, and should call her his mate. Now furthermore/ that is the gayest thing of all, where thou denyeste, that thy niece is near of kin unto her uncle thy son, by cause she is not of kin unto him by agnation, or by her father's side, but only by cognation/ or by her mother's side/ as who saith, that belly brethren, that is/ they that be gotten of divers father's/ and of one mother, might make a marriage/ and yet these persons be not of kin by the father's side, but only by the mother side. wherefore no remedi thou must go from this intent and purpose/ which & if thou mightest attain, yet should it never increase thy family or lineage. ¶ The second doctor, that we mencionid, is saint Hierome, which writeth thus: what kin thing is this/ that Abraham a just & a good man took his father's daughter to wife? seeing that the first men, which were Adam's children/ though they did so in deed, yet for the holiness of men's ears the scripture doth not express it/ but willeth it rather to be understanden than spoken, the thing is so abominable. And seeing again that god afterward ordained a law for it, wherein he threteth/ that who so shall take his sister, other on father side/ or on mother's side, and shall see her foulness, it is a rebuke and shame, he shall be driven out of his country in sight of his own kin/ he hath unhilled the privities of his sister, he shall receive his reward for his sin. This saint Hierome speaketh▪ as if he would say/ that this Levitical law, that a man should not mary his sister, is so grounded on natural reason, that not only Abraham ought to have kept this law/ and that before it was published in writing/ but also as many as profess the same faith/ believe and trust in god/ that Abraham had/ and that all faithfuls in Christ ought to have. ¶ last of all saint Augustine where he goth about to confound and over come Faustus, that sore enemy to Christ's faith/ which laid it for a foul vice and punishable, that christian men at that time would neither admit nor yet abide to here the law of Deuteronomi once to be spoken on, that a man might marry his brother's widow his brother being dead without children, answereth to Faustus on this manner. Certain laws of the books of the old testament we do not keep now a days, because such laws were made only to be a shadow of things that should follow. And these laws though they were convenient, and fit to be commanded and suffered for that people/ and for that time/ yet we now a days that be christian people, ought not to keep them bodily or as the bare letter and words doth speak: but we must consider/ what they signify/ and we be taught by the apostles own writings that we must keep such laws spiritually not corporally. for when we read any such things in the instrument of the old testament/ which in the new testament we other be not commanded to keep or utterly forbid to keep them/ we must not rebuke it, but we must seek out/ what is the ghostly meaning of it. For in so much as we do no more observe it/ that proveth not, that it is damned, & in no wise to be received/ but that it is fulfilled. And therefore this same self thing/ that Faustus, because he doth not understand it/ hath laid against christian men, as a crime and grievous offence: serveth for nothing else in the world, but only to show mistycally under a figure and cloud a spiritual purpose/ & it is this/ that every preachour of the godspell is bound so to labour in the godspell/ that he stir up seed unto his brother departed/ that is to Christ, which died for us. And the seed that shall be stirred up, must have the name of the brother, that is departed. wherefore we be called Christians/ and therefore without doubt, we now be bound to keep and fulfil this law, not carnally by bodily generation/ after the old meaning and taking of it/ but spiritually/ and by ghostly generation, and after the true understanding. And for this saint Paul the apostle fulfilleth this law spiritually/ where he is angry with them/ whom he saith himself to have engendered and gotten through the godspell and the word of god to Christ jesus his brother, and not to himself/ nor to none other man. And therefore doth sharply blame & rebuke them/ which would be called Paulins, or Paulis men. what, saith he, was Paul crucified for you? or were you baptized in the name of Paul? as if he had said/ I begat you to my brother/ which is deed, that is, to Christ. Be you called therefore Christians/ Christ's men, not Paulins or Paulis men. ¶ Again/ in his book of questions upon the levitical/ and in that work also/ that he named the Mirror, he saith, that this forbade, that a man should not marry his brother's wife/ and all other things, that be forbid in the xviij chap. of the levitical/ we be bound without doubt to keep them now, in the time of the new testament and law of the gospel, when the observance and keeping of the old shadows/ and bodily or outward tokens is taken away▪ For what soever thing, as he saith in an other place/ doth help and serve for utue & good manners/ likewise as they were not ordained to betoken any thing/ but to show us how we must live: so they ought not by any interpretation or understanding, be applied to any signifying or tokening, as if they were but signs & tokens of things. But as many as be of Christ's religion and believe/ be bound of necessity to keep them, even so as they be spoken. And in an other place he saith/ Although in time passed men married their sister's/ yet that thing was done because necessity compelled men unto it/ for as moche as than were so few people: but this thing is not so old/ nor was never so necessary/ but it is now as damnable/ because that religion doth forbid it. For it ought to be done than/ when it might/ because that by marienge of sisters there might be plenty of women, & so that by process they might take wives/ which should not be their sisters. but afterward one's that this necessity ceased, & that there were women enough, this thing ought not only to be undone/ but if it were done, it should be a crime not to be spoken. For I wot not how/ saith he/ there is among all the points of man's shamefacidnes one certain natural & commendable point, and it is this, that to what so ever woman we be bound to do honour with reverence and shamefacidnes/ our carnal lust/ yea though it be for generation/ yet by cause it is carnal lust/ we refrain it from that woman, specially considering that we see married folk/ namely that have shame & honesty/ to be ashamed of such lust. ¶ Now here thou seest/ gentle indifferent reder, what is the judgement of these great divinis: wherein thou shalt call to thy remembrance four or .v. things. first what so ever person of Christ's believe break any of these levitical prohibitions of marriage, he shall be damned both body and soul in to everlasting death of hell. second that not only the jews did abstain from marrying their brother's wives/ even as ye would say/ for fear of some mischief, & yet they might have done it by authority of their law, but that the very heathens also after the death of their wives, did ever more abstain from marrying of their wives sistern/ as from a certain impiety or abomination against nature. third, that marriages contract contrary to these prohibitions/ be uncomely and abominable, and as near as can be to the life of brute beasts/ and such as christian people should neither abide to hear them spoken of, nor yet to think on them, and that they be clean contrary to charity, ye and furthermore that they be the transgression and breaking of all the law. fourth/ that they be so grievous and so hateful in the sight of god, that they have destroyed hole nations/ polluted the land, and being polluted/ caused it naturally to grudge & to put them out, which had commised such things/ doubtless because that god did take vengeance at the grief and complaint of the land. Finally that these prohibitions pertain not only unto the jews/ but to all christians, which come to serve god: and that they/ which be polluted and corrupt with any one of these not to be spoken deeds, is defiled with them all/ and that god is angry with them, and will not dwell with them, and contrary that the spirit of god dwelleth in them/ that keep themself clean from such foul couples. And saying that these foresaid things be true, it is provided as plainly as can be/ that these Levitical laws be, out of doubt/ the commandements of god/ and that/ moral commandements/ ordained for th'increase and maintenance of honesty▪ and virtue, and that they must not be kept after a spiritual and a mystical understanding, as Isichius saith, more than after the plain letter, and even as they be spoken, namely among christian folk. For as many as be true Christ's disciples/ the spirit of god dwelleth in them/ and if there be any/ that hath not the spirit of Christ, he is none of Christ's. And therefore christian people specially had need to be holy, and not to suspend the temple or church of god with such abominations, or any other vice: but it becometh them to be innocent from all manner of foulness and uncleanliness. ¶ And mark well this thing also/ gentle indifferent reder, that saint Ambrose holdeth, that it is no doubt, and without question forbidden/ any man to mary his half sisters daughter, and that for many considerations, as for the increase or multiplying of stocks/ or by cause of religion and reverence, that is in the names of kindred: which to be changed/ or to be confounded by the mean of uncleanly love/ he judgeth it a thing not to be spoken: or else because these marriages be forbidden both by the law of nature/ and so much more by the law of god: or else because such couples be not convenient nor sitting, for as much as the order of natural love or reverence is against it: and also because that most religious and devout sacrament, and chartable kiss/ the which is without offence/ that the uncle doth owe unto his niece, as to his daughter, and she to her uncle, as to her father, should by such marriages be taken away: or finally because that such marriages be forbidden even by the law of man, as by the law civil. How moche more than ought we to think, that we should make no such marriages/ as be before forbidden in the levitical? the which as they be full of bonds/ of far more near kindred than this, so is there more foulness and malyciousnesse in the doing of them, and they let more the multiplyenge of stocks/ and they confound more the religion and reverence of the names of kindred/ and they be also much more unleeful/ because they be forbidden both by the express commandment of god/ published by the mouth of Moses, and also prohibit by the law of nature, and beside this/ they let the increase of love and charity a great deal more, and be against natural reverence and shamefacidnes, and for a conclusion, they be forbidden and interdict not only by the law Civil, but also by the holy canons and rules of the sacre holy church/ such no doubt as were indicted and commanded by the holy spirit of god, which hath the ordering and th'administration of the church of god. ❧ The fourth chapter. ANd now after that we have rehearsed the doctors of the church of Christ, which be of most great authority/ fame/ and renown: let us come to the writings of the other expounders & interpreters of scripture/ which though they be not of so great authority/ yet for all that their credence and learning is both received and judged to be of gravity. ¶ Truly saint Ancelme, sometime archbishop of Caunturbury/ when one asked him/ by what reason the forbidding/ that we should not marry any of our consanguinity or affinity, hath so great strength and power in the church of god/ that there can be no pardon or dispensation for the breaking of it, except that the marriage first be broken, he answered thus, because/ saith he/ I see the here seek and demand not only the authority, as I might say, compelling and constraining only by force and power/ but rather to seek a reason, proving and showing unto the this thing by reason: by cause thou shalt know/ that I will satisfy and fulfil thy will and desire/ all be it peradventure I am not able/ yet I will endeavour myself to content the somewhat in this behalf. The canons and laws of the church be full of this commandment/ and there be many decrees of the old fathers also/ that we should not marry with any of our blood/ or if we have married, that we should be departed and dissevered again. And as for the cause or reason of this commandment, all be it I might say/ that the simple & plain reason is/ to obey the power & authority of them, to whom Christ said: It is not you yourself truly that do speak, but the spirit of your father, which speaketh in you/ and to follow the custom of the holy church, whose customs to break and fordo is a kind of heresy: yet for all that by the consideration and marking also of holy scripture I am wont to think thus with myself. Among the old and ancient people of the jews/ it was not leeful for any person to marry with any out of his tribe. And when I doubted, and sought a reason/ why so: the daughters of Salphaad came to my remembrance. For whose marriages/ when certain of their tribe and kindred did ask counsel of Moses, and by Moses, of our lord: commandment was given them of our lord, that there should be no marriages made out of one tribe into another, which was ordained/ because the inheritance of the tribes should not be diminysshed. For that carnal people could not lift up their hearts to heaven, but as an earthly creeping beast, with all their breast and heart fast cleaving to the earth, thought only of the earthly heritage/ and not of the heavenly. Therefore every tribe had leaver to keep their self within the straits of their tribe, by marrying together one of the self same tribe with an other/ than by marrying out of their stock, to divide & part out also their heritage. for such was their heritage/ & such is all earthly heritage/ that if it be ones divided/ it waxeth less and dimynissheth/ nor can not come all whole to many. Therefore, as our lord himself in the gospel saith to the jews, that Moses did suffer them for their ungracious stomachs and hard hearts, to put away their wives/ so that they put in a bill of divorce: even so in this case Moses gave an answer to their carnalites & fleshli desires, & according to their stubborn & hard hearts, that they should not marry out of their tribe: but the goodness and perfectness of us/ that be christian folk, is not on this fashion. For seeing that our heritage is god/ of whom it is spoken, God is love and charity, like wise as the jews used a law fit & agreeable to their heritage, so we ought to maintain a law for our heritage/ which is the law of love and charity. For as for love and charity the brodder it is spread, the more remaineth to him, that doth spread and cast it abroad/ and the more his love and charity doth increase. Therefore the christian religion and perfection hath ordained, that the bounds and buttayles of consanguynite should be stretched forth unto the uj degree on every side, according to the decrees of holy fathers and canons: so that kinsfolk being within the vi degree, may not mary together/ between whom their own natural affection of one to another should be sufficient to fortify and make strong love and charity between them, the which natural affection it is great sin to violate and break/ even among the heathen and unchristian people. And where that this natural affection and love beginneth to fail, there only must be put to/ the bond of marriage/ for to bind love & charity together again/ that it slip not away, to enlarge the bounds & buttayles of our heritage, which is love and charity. And it seemeth most right and reasonable, that as among the jews the transgressor of their law was punished accordingly/ for marienge out of their tribe and kindred/ for to conserve their earthly heritage: so among us christian people it is right and reasonable/ that the transgressor of our law be punished, to th'intent our heavenly country and godly heritage may be increased. ¶ Yet an other reason. As they were forbidden to mary out of thayr tribe or stock, even so they were forbidden by the self same law to meddle with them, that were next of their blood. For the law saith: No man meddle with her, that is next of his blood: and the law putteth unto/ the authority of the commander/ saying/ I the lord: and as though they had required a cause and a reason why it was so commanded/ the law putteth unto/ Thou shalt not open and discover thy father's foulness nor thy mother's/ by cause it is the foulness or filthiness of thy father and thy mother. And afterward straight following he reakenneth up in order those/ that be next of blood, with whom we must not meddle/ nor open or discover their foulness/ that is to wit, brethren and cistern/ and other that be there described. The which cause and reason may be also common unto us/ and to them/ even like as the commandment is common both unto us/ and to them. Therefore let us seek what foulness is this, which who so discovereth and openneth/ is worthy to die for it. It is a foul thing/ when one part doth not agree with the other. And before the transgression of the first man Adam, in all man's body there was no thing fowl filthy or unclean, no party contrary nor rebellious to another. For while that same harmony and sweet agreement/ well and commely proportioned, by the hand of the creator and maker god, did yet remain: one party did agree with an other and the soul was subject and obedient to god/ and the body was subject and obedient to the soul in all pointis. But after that by breaking of the commandment of god/ the soul was made inobedient and stubborn and rebellious against god his superior/ the body inferior was no longer obedient to the soul his superior. For straight the transgressors/ Adam and Eve, had their eyes opened. And their eyes, saith he, were opened/ that is to be understand the one to have carnal lust unto the t'other/ the which desire and lust before they had not. And where as they before were naked/ and were not a whit ashamed thereof/ straight when they saw that the parts of their bodies were turned in to things to be ashamed of, went about to hide and cover them/ and did make covering for them. The which thing we may perceive even now in children and little babes, which as long as they feel/ nor perceive no stirring nor motion of concupiscence or fleshly lusts/ they have no partis that they be ashamed of/ because they can not be ashamed of any part of their bodies. But when they begin once to perceive and feel that concupiscence/ they can not suffer their privities to be uncovered. Therefore after this harmoni and sweet agreement was broken and undone in our first parents/ there happened not a little foulness and original punishment/ that should go with original sin/ from them to their posterity, and to all that should come of them. And so by cause of this foul bodily lust & concupiscence, that Paul calleth the body of sin/ which is within our body/ those members and parts/ that have once served to this lust and concupiscence/ be named shameful parts, foulness/ and shame, by cause they be of knowledge/ and do witness of our inward foulness/ that is to say/ of our lust and stirring to fleshly meddling: which members ever more do require to be always covered and hid. And this foulness of concupiscence, desire, and lust is then opened or uncovered/ when it requireth and taketh unto it the office and service of the members/ that be ordained for it, and doth fall to practise/ at which time all that might and power of the reasonable soul or of man's wit is so dulled/ so troubled/ & so overcome/ and so oppressed/ & overlaid by the filthy lust of the flesh, that it may be very well said at that time: Adam/ where art thou? That is to say/ thou that wouldest have been like to god/ I do not see whereto thou art come. And what is more foul than this foulness? what greater shame is there than this shame? The which the apostle rebuking, Fly you, saith he, fornication. All the sin, that a man doth commit, is without the body, but he that sinneth in fornication, sinneth against his own body, that is to say, all sins truly hurteth the soul, but yet for all that they foul not the body: but he, that committeth fornication/ doth not only offend god/ and foul his soul/ but also he defylethe and maketh unhonest all the fairness and goodliness of his body. For as a thief, when he is taken/ hath a mark bourned in him with an iron or with fire/ to his uttre and everlasting shame and rebuke, so this bodily pleasure was for a punishment of sin put into our nature/ which nature by the fault of breaking god's commandment was now wholly corrupt thorough and thorough in every part of it, because that he, in whom all our whole nature was, and without whom there was no part of it/ was all whole corrupt. The which foulness in all persons ought to be covered ever more with the covering of shamfacidnes, if it were not necessary for the generation of man, for a pain and punishment of the first sin. And yet there is no such love to the generation and increase of man/ that doth suffer us to discover this foulness in those persons/ of whom the law saith, that they be next of our blood. For these persons by the law & motion of nature self own this reverence of love & charity one of them to an other, so that there can be no just & lawful cause why they should shame and dishonest their bodies on this fashion/ nor there can be no honest excuse found or brought in/ which may cover & hide this dishonesty. Not because I would say/ that marriages he not holy, and that the bed is not clean and without spot & sin, in the which matrimony is kept lawfully, with fear of god/ and for chartable love and honesty. For by such matrimony they that marry/ be made one spirit and one soul, sins that they be made now one flesh. And thus both by their honest love/ and also by their desire to engender and get children, do so hide and cover their dishonesty, & do, as ye would say denoure & swallow up this penal foulness & filthiness of man's generation, that as the apostle saith: They, that marry/ be as though they were not married. Therefore, as we have said, they that were forbidden to marry out of their tribe: by the same law also were forbidden to meddle & marry with them/ that be next of their blood. But among the jews this law of natural love and affection scant did pass the third degree of consanguinity, but among us (unto whom the time of correction and amendment is come, by whom god hath corrected and amended the world/ and brought it to perfection, which shall not be changed) love hath grown and encressed, and honesty greatly abounded and multiplied/ and for to be token and declare the perfection of the gospel, that number of 3. is doubled/ & hath extend itself in to .6. which is a perfect number, & standeth by his own parts/ even as the truth of the gospel standeth by itself alone/ & needeth nothing else to underset and stay it up. ¶ But here thou wilt leye to my charge & say/ that there were in the old time certain good & utuos men, which for certain honest causes did presume & adventure to break & distain even the first & second degree of consanguinity, as before the law did Abraham/ Isaac/ & jacob/ which lately before had been dissevered & commanded to go apart from other nations/ for avoiding the coupling & marriage with the same nations, and so did marry with them, that were next of their blood/ and this was done before the law was given/ and after that the law was given Caleb gave Axam his daughter in wife to his younger brother Othoniel, for a reward of victory, when he conquered and overcame the cite of Letters. And also Thamar king David's daughter/ when she was oppressed of her brother, Do not brother, said she, but ask me of the king my father/ and he will not deny the. The which king David truly/ that was said to give the sister to her brother in wife/ was father to them both. wherefore where as I say they did presume upon some certain honest causes and considerations, that chanced, yet for all that christian religion & the perfectness that ought to be in a christian man/ will judge nothing to be honest, that is against the honesty of nature. ¶ Lo here thou haste my mind, & what I think in this question of thine, saith saint Ancelme, If thou be pleased and contented/ it is well: if it displease thee, I shall lightly get forgiveness and pardon of the. ¶ In this opinion also be Hugh Cardinal, Ralph Flaviacensis/ Ruperte Tuitiensis/ Hildebart Cenomanense/ Iuo Carnotense all bishops/ and one water of Constance/ archdeacon of Oxeforthe. And truly the first two Hugh Cardinal & Ralph Flaviacense/ expounding the xviij chapter of the levitical/ show how that chapter doth hang with though things/ that go before. Many mystical things, say they, hitherto the law hath given to the old people of the jews to observe and keep/ wherein only was a shadow of our faith and manners/ & not the very truth in deed: and as for here the law instructeth and teacheth the people, and giveth them more precepts, whereby they may know what belongeth to good manners, to virtue, and honesty. For those things, that follow here, must be even so understanden/ as they be spoken, wherewith the people/ which had now betaken themself to an other lord and master, is informed and taught/ to the intent/ that they for their little power/ should endeavour themself to do some good/ nor should not be content with the heavy burden of bondage/ and to be underneath sacrementes, or signs and tokens of sacre & holy things/ the which should signify and betoken justice and goodness, not in themself, but in other men. Even like wise as if a courier or post should carry any kings letters into far countries, by the which he shall show other, what they shall do, and yet he shall not do the same himself. And this same Flaviacense a little after, saith thus. All though, saith he, that these marriages here forbidden in forne years at the beginning of the world had a certain fashion of their holiness/ nevertheless because in process of time the virtue of continence and chastity, and refraining of bodily lust and pleasure/ was to be promoted, set forward, and increased/ and the licence and liberty of marriage to be restrained more straightly, and not so at large as it was wont: this levitical law was made to forbid such marriages between them that be nigh of kin and of affinity/ for the increase of honesty and virtue, because that it was more comely to abstain from such marriages. And who so ever after this gods forbade/ presume to enterprise any such marriage, he is a transgressor of the law/ and doth run in to the abominable crime & sin of incest. ¶ Forther more Rupert also, If thou askest, saith he, which be those uncleanly beasts, spoken of in the old testament/ that god doth hate, they be these, you shall not do after the custom and manner of the land of Egypt/ where as you have dwelled/ nor after the custom and usage of the country of Chanaan, into the which I shall bring you. And afterward he showeth their customs, saying: No man come nigh to her/ that is next of his blood. For these verily be the uncleanly beasts/ these be the caroginous and stinking beasts, which the people of god is bound not to eat/ that is/ not to admit them in to their company. For all those persons, that do such things/ that commit such uncleanly and unreasonable & beastly vices, that discover the foulness or previties' of their mother, or father, that discover the shame of their sister, other by the father's side, or by the mother's side/ those men I say/ that do these things, and in any manner of mean discover the foulness of their kinsfolk, and do uncover the foulness or privities of a woman, that hath the flowers: that have a do with their neighbour's wife/ that give of their seed unto the image of Moloche/ and do translate it unto him by fire: these, and all such other workers of wickedness, be defiled and unclean, unto whom nothing is clean. For these things/ according to the true saying of the gospel/ do defile and pollute the man. For that, that cometh into the mouth/ as meat and drink/ doth not defile or pollute a man. And we waste no time in these forbiddinges, that be here rehearsed/ to search out the deepness & profoundness of mystical meanings or under standings of these words. for they be plainly just and rightwise: and the reason why they be so/ is open and plain at every man's eye/ and easy to see/ by cause they do bring great rest and quietness of conscience to the hearers/ but rather I should have said/ to the doers and the followers. ¶ More over Hugh of saint Victore saith thus. The first time, when god did make marriage, he did forbid us only to contract matrimony with two persons, that is the father and the mother. afterwards when he ordained marriage/ the second time/ which was done by the law, he did except certain other persons/ both because nature showed us/ that it was comely so to be/ & also for the increase of shamefacidnes and chastity. Therefore I think/ that except these foresaid marriages/ where in needeth regard of shamefacidnes and chastity to be had, because of the horribleness and foulness of the same: that in all other if any man by ignorance & unwittingly by chance offend in any woman/ as long as he doth not know it, no man can deny, but it shall be called a leeful marriage, if that it be leefully done after the determination of the church: so that I except evermore all such marriages, in the which we must needs have regard of shamefacidnes and chastity. Therefore let no man object unto me the marriages between brethren and cistern, or any such other, with whom if any person do marry ignorantly and unwittingly/ this ignorance can not excuse them, in that thing that they do. These be horrible and terrible, and no reasonable nor excusable deeds/ in the which though there be any thing done by ignorance, yet for all that shamefastness and chastity is distained and lost. ¶ Beside all this saint Hildebart, sometime the bishop Cenomanense/ in a certain epistle to the archbishop of Rouen writeth under this manner. As your letter showeth, waters daughter of Meduan/ which is married to the county of Moriton, men say that she is very nigh of blood unto him, and before that the foresaid persons were married to gathers, water secretly came and told me of the kindred between them/ and craftily did ask me counsel/ what I thought in it. He thought it very good, he said/ if love and charity, that should come by this marriage might cease the war, that the Earl had cruelly made against him of long continuance. He said more over/ that you and other prelate's of your province/ had a certayned him by writing/ that this abomination of kindred might be suffered/ for this intent, that he, the Earl, which had been long at war might come to peace and quietness/ whereupon he desired also the consent of our church Cenomanense/ unto the marriage that was then to come, that by the authority of that church also/ he might stablish and make sure his daughters marriage/ if that at any time it should fortune a divorce to be sued against her: but he could in no meanis make me to agree to it, nor I could in no wise perfectly believe, that your wisdom had fallen into the simpleness or undiscretenes of them, whom the apostle doth rebuke/ by cause they say/ Let us do naughtily, that thereof may come good. And therefore, as for my part/ I was ware and circumspect. He required my consent: and I sent him word/ that I would never agree unto it, nor would not suffer/ for regard or consideration of any cause of dispensation that could be, persons of kindred or affinity to contract unleeful and forbidden marriage. And it shallbe long to his cure and charge into whose parish or diocese it is known, that this woman is departed/ to withstood and be against this marriage/ even until it be divorced. ¶ Again the same Hildebart was once asked of the bishop Sagiense/ and of an other certain Archidiacon/ if two were spoused and hand fast together, and the one of them died, whether the person alive may enter matrimony with the sister or brother of the dead? he answered on this wise: If credence be to be given to men of authority/ marriage is made by consent, not by mynging of bodies. wherefore saint Ambrose saith/ She that is despoused/ or hath made promise unto the man/ hath taken the name of a yoked or married woman. For assoon as she doth yoke herself by promise unto the man/ and he to her again: then this promise of both sides taketh the name of yoking or marriage, not when the man knoweth her, by having to do with her. For it is not the taking a weigh of the flower or beauty of the woman's virginity, that maketh the yoke, but the bargain, agreement, & consent to be yoked. For when the woman is yoked by her promise or is handfast, then is the yoking or marriage, not when the man doth know her by having to do with her. ¶ Furthermore Isodore writeth: They be called more truly yoked together/ for the first faith and promise of spousage, all though they be ignorant of meddling together. ¶ Also Nicolas writing to the bishop Higmare. The only consent, saith he, between them/ of whose marriage thou doutest / is sufficient by the law. The which consent alonely if it lack in marriage/ than all that ever is done besides forth, is of none effect, yea though they have had to do together/ as Iohn chrysostom/ the great doctor/ doth witness, which saith, WILL, maketh marriage/ & not meddling together. And therefore it is written in the Civil law in the book of the constitutions. If a man upon affection and mind to mary lead a woman home to his house before there be any writings made of the dowry/ that he shall have with her, let him not be so bold to divorce her from him/ till he hath showed a lawful cause of divorce. These things, saith Hildebert/ if thou had diligently considered/ forsooth this maiden should not have entered marriage with that man, unto whose brother she was coupled before by solemn marriage, and was joined unto him by consent, all though death, not looked for, did let the secresis of marriage. For who so ever do contract such matrimony/ in no case can be suffered by any dispensation/ but must be punished by the rule of justice and right. And of such marriages as these be, thou shalt find in the counsel Triburiense. A man was handfast to a woman, with whom he could not have the secrets of marriage: that same woman/ his brother did privily defile and get with child. It was decreed & determined/ that how be it she could not be married to the brother, that was her leeful husband/ yet for all that the other brother, that had got her with child, can not have her/ because she had made promise before to his brother: but both he & she/ that have committed adultery/ let them have the punishment of their fornication/ and let them not be denied to use lawful marriage/ the man to marry lawfully to whom he will/ and the woman also. For our fore father's/ by cause that marriage should be done with honesty/ and the marriage bed without spot and uncleanness, they have very diligently provided here before/ that a woman/ which had made promise, and was spoused unto the one brother/ could not be married to the other brother: and he that was confederate, or be trouthed, to one sister/ should not marry the other sister. For by such liberty and licence through the craft & deceit of the devil/ there might come many unhonest & beastly or incestuous marriages/ which be ceased/ all the while that the forbidding of the law is observed. ¶ And to the self same purpose, saint Iuo sometime bishop Carnotense, wrote unto Lesiarde bishop Swessionense. you know well enough, saith he, that I never allowed the marriage between Peter/ the son of Gervase/ and of Galeranes daughter of Brutule/ and that I never gave counsel/ nor did never consent/ that it should be done. Yea when that Galeran, the maids father counseled me in this matter/ I gave him counsel, by Drogon clerk/ utterly to the contrary, that it should in no wise be done, because that such marriages might not stand/ if there were any/ that would break it. I added also the saying of the law, that one man can not be married to two sisters, likewise as one woman can not lawfully be married to two brothers. For Sinegund/ the sister of this maiden/ whom this foresaid Peter hath now married, was the same self Peter's wife, not only made sure and handfast unto him by promise/ but also yoked and conjoined by the priests benison and prayer. And if you lay against me/ that their was no yoking or marriages/ where it is well known, there followed no carnal meddling between the man and the woman: I answer by the authority of the fathers, that the yoke and marriage can never be undone/ seeing there was once a steadfast convenant & promiss of yoking or marriage between them. wherefore, as saint Augustine saith, the angel said true to good joseph: Fear not to take mary thy wife to the. for he did truly call her joseph's wife, whom he had not known by secresye of marriage/ nor never should know. And when he had brought many authorities of the father's/ to this purpose, the which were cited before of Hildebarte, It is, saith he, a canonical law, that no man can marry that woman, which hath made promiss of marriage to an other man. Nor contrary/ if the man that hath made promise, would be married to an other woman. For both the laws of god and man forbid these promises to be broken. ¶ This same saint Iuo also writeth to Odon, the archidiacon. Even from the beginning of the world, said he, the sacrament of marriage remaineth still/ as of the law of Nature/ and in no point broken nor changed/ so that neither original sin, or Adam's trespass took that away/ nor the judgement of drowning the world/ whereby sins and naughty things were washed away/ did take away or change marriage. Therefore that thing that is ordained by the commandment of god/ & that god would have to be unchangeable/ aught not be broken by no man's commandment/ except the marriage were made without consent of the parties/ or else damnable of itself, that is: falsely forged and untrue/ or else incestuous and against Nature and kind. That if any of those things do chance/ there must be no delay/ but such marriages must be healed out of hand by departing and divorce. Therefore though the king do promiss, that he will forgive many displeasures/ done unto him, and leave many displeasures/ that he intended, and that he will do many good things and many pleasures, if he may keep still for a time this woman/ which he unlawfully hath/ and the seat apostolic to be content withal, and he to be still in the company of christian men: yet for all that I say and answer unto you thus/ by the authority of god and divine scripture, that it is not possible for him to have forgiveness of his sin/ give he never so much/ or do he never so many good deeds in recompense/, as long as he hath will and mind to abide in the same sin, according to the saying of the appostel: There is none host, sacrifice/ nor amends/ nor forgiveness/ for the sin of them, that sin wilfully. which in other words is as much to say/ that no person/ having will and mind to continue in his sin/ can have forgiveness of his sin by any manner of alms/ or by any manner of good deeds, or by any manner of offering, or bestowing of his goods. wherefore we read that our lord also did answer Cain/ when he offered up his goods, and for all that did intend murder: If thou, said god, dost offer a right, and dost not divide a right, thou hast sinned/ Cease & leave of? as though he had said, thou dost sin/ by cause thou dost not depart & divide well/ which dost bring me thy goods, & thinking upon murder/ dost take from me thine own self which art better to me than thy goods. ¶ herefore also that good Pope Gelasius saith. It is not red, sins Christ's religion began, nor there can none example begeven in the church of god/ that this thing was ever done or ever commanded to be done, other of any bishops, or by the apostles themself, or else by our lord & saviour himself: that any man should be assoiled from his sin/ that intended to continue in the same, & did not fully purpose for ever to forsake & utterly to renounce/ both that & all other sin/ or thing that should displease god. ¶ More over the same saint Iuo did write unto Henry king of England/ that would have married his daughter to one Hugh, a kinsman of his, answering in this wise. Because it is not comeli, that so noble blood should be stained with so open incest, & that the will & mind of carnal persons should thorough this bestly example be encoragid to commit like incest & marriage again nature & kind: for the reverence, that we have unto you/ & true love, that we bear you, we desire to admonish your majesty before/ that while you may do it with your honesty, you suffer no such marriage to be made: lest that such marriage/ seeing it is presumed to be against the law, be worthily and of right broken and undone again by the law. And doubtless it becometh not a kings majesty to commit any such fault in his own person/ the which ought to be punished in other with the rigour and extremity of the law. For sooth we can in no case serve from the course and order of the law. If we see our parisshon/ or one of our diocese commit any abomination/ specially in marriage/ because of the decree of the seat apostolic: WE reserve no manner of forgiveness/ no manner of pardon or dispensation for incest marriages/ & such as be against nature and kind, until they have healed their adultery by departing and divorce. For saying that we do reverence and fear the power of temporal kings: moche more we are bound to reverence and dread the almighty power of the ever lasting king. And by this means we may give caesar/ that is Caesar's, & god that is God's. ¶ And the same saint Iuo answered one Geffrey the earl Vindocinense/ desiring to have to wife Matylde vycountesse of Blois/ which was married before to one Robert/ kinsman to the said Geffrey: I command, saith he, and by the law of Christ I forbidden the to contract this bestly unkind or unchaste marriages/ which thou canst neither defend by the law/ nor yet be get by them lawful heirs, that by the law can succeed the. ¶ And he again writeth to Damberte/ the archbishop of Senon/ of a knight/ which before lawful marriage with his wife/ lay with her sister, and did confess his fault openly/ whereupon saint juos words be these. I answer unto your fatherheed/ that thing, which you know well enough/ that if he had brought up an open infamy and slander/ and that against an honest person/ that hath deserved no such thing/ hereafter he can neither accuse nor yet be witness. But because no man, that is guilty, can make no confession, except it be of some naughty thing/ we can not deny, but we ought to receive and take such confessions, as they that be penitent or sorry for that they have myssedone, do make against their own self/ for the fear and dread of god/ and for the health of their own souls. nor we deny not also, but that we ought to enjoin them lawful penance/ the which if we should deny them/ we should cast them even to the mouth of the invisible wolves to be devoured. And if we suffer such accusors of themself lightly to pass/ and to scape without punishment, the goodness and honesty of marriage/ which from the beginning was commanded to be kept holily/ both by nature, and also by law, we put it perilously in danger to be stained and destroyed. Because therefore that the end of all strife and controversy/ that belongeth to the determination of the Church, is an Oath, after the saying of the apostle/ this confession must be confirmed/ and proved by several oaths of every person/ and by vi. sufficient and honest persons: the which either were present, & knew the thing done, or else may by proof of that/ that they believe and think likely/ affirm and uphold the truth. Because that new kinds of diseases compel us to seek experience of new medicines. Therefore when this confession shall be thus confyrmedde and provedde/ than it shall be open and plain, that this marriage is unchaste, and unkind. And we reserve no manner of forgiveness for unchaste marriages/ after the canons, until they have healed such sinful marriages by departing and divorce. And he that did contrary to the laws of matrimony, and did accuse himself, let him abide unmarried, either for evermore, or at the least till the time that he hath fulfilled his penance. This always understand, that the woman, which shall be divorced from him, lose not her dower, which is the price of her chastity. And by this means we shall do all, that his confession requireth: and shall make a profitable and a sufficient provision for the honesty of marriages for the time to come. ¶ Finally walter of Constance, Archidiacon of Oxforthe, wrote unto the bishop of Exeter word for word, as here after followeth. seeing that both great learning, and also use and experience of matters, hath made you wise and circumspect in judgement and decision of causes, we marvel, & other also, which be very well learned in both the laws marvel/ wherefore you have so long time differred to make a divorce between Roberte and Ismen his kinswoman, specially seeing that you have express commandment of the Pope for the same, and saying that holy Canons do repute and count it for a damnable and abominable sin/ to suffer such persons to dwell together. truly there were brought forth lawful witness, and such as no exception/ nor refuse or challenge can be laid against them: which if they have not made full proof unto you in this matter/ than (as well according to the clause of the Pope's letters/ where as he saith, you may prove the matter by many other/ as also by authority of Fabian and Celestine/ and other holy fathers) you must admit them, which after these foresaid men, be most nigh unto you/ and of most sage counsel/ that such diligent inquisition and searching out of the truth may be a lantern to your feat, that you may turn justice into judgement. For the more abominable and beastly sin that incest is, so much the more scrupulous & curious you must be/ to find out the certainty of this kindred: so that in making the divorce, the judges sentence do not waver or hang doubtful. It is not leeful for a judge in this matter to dissemble or to use any cloak or colour/ and to make as he did not know that thing, that he knoweth in such a matter/ wherein standeth the peril of men's souls. More over there is one thing in this matter/ that troubleth us above al. For where as the said Robert is mine eldest brothers eldest son/ and because that all the progeny of our stock doth hang upon him, as of the heed/ by reason of his father: we fear least this sin of incest or unchaste marriage should pass from him into his posterity/ and to all that ever should come of him. For all the whole succession and generation shall receive and take corruption and infection/ if the members come not lawfully and without corruption from the heed: if the rivers come not pure from the spring/ and the branches without corruption from the body of the tree/ as holy scripture also doth witness, saying: The children of incest persons be abominable before god. And as saint Gregory doth plainly say, There cometh no lawful nor good issue of unchaste or incest and unkind meddling to getheer. ¶ Now for to come also to the school doctors/ which do uphold and maintain both with great number/ & great consent/ this judgement of these foresaid fathers, upon the levitical prohibitions. Forsooth saint Thomas saith. In conversation of persons, that be of kindred or of affinity, we find that there should be no venereous meddling, for iii reasons. And first because that naturally a man oweth a certain honour & reverence/ & fear to his parents, and therefore also unto other of his kin, which come very nigh of the same parents. In so much that in old time, as Valerius Maximus showeth, it was not leeful for the son to bathe in one place with his father/ lest they should see each other naked. And it is manifest, that in venereous dedis/ there is a certain foul use of meddling and homelynes/ which is contrary to honour & reverence. wherefore men do blush & be ashamed of such deeds. And therefore it is uncomely, that there should be any such wanton meddling between such persons. And this reason seemeth to be expressed in the xviij. chapiter of the levitical/ where it is said: She is thy mother/ thou shalt not uncover her foulness or privities. And the same self thing is said there also afterwards on other persons. The second reason is, bybause persons that be of one blood/ must needs be conversant and in company together. wherefore if such persons should not be forbidden to use such wanton pastimes/ one with an other/ men should have to moche opportunity and occasion to use such lustful intermeddling. And so the stomachs of men should be out of courage, and their hearts cowardelike, and as it were woman's hearts, by the means of lechery and beastly pleasure of the body. And therefore in the old Levitical law, those persons seem specially to be forbidden marriage, which must needs dwell together. The third reason is/ because that by such marriages/ should be lettedde the multiplying and increase of friendship. For when a man doth take a wife/ that is a stranger to him/ all the kinsfolk of his wife be knit unto him by certain friendship and love/ as if they were his own kinsfolk. wherefore Augustin saith, There was very great regard taken of love and charity/ and that according to right and reason, to the intent that men, unto whom love and concord is both profitable and also honest/ should be knit together by sundry degrees of kindred. And that one man should not have many/ but sundry to be dissevered in sundry persons. And aristotel, an heathen man/ in the two book of the politics, putteth to, the four reason/ because that where a man doth love his kinswoman by Nature/ if there should be put to the love that cometh of bodily meddling/ there should be to much heat and ferventness of love/ and to great a provocation of fleshly lust, which is contrary to the chastity of marriage/ where such pastime is to be used for necessity, and not for pleasure. Thus saith saint Thomas here. And in an other place he saith thus, That thing in marriage/ is clean contrary to the law of nature, whereby matrimony cometh not unto the end/ which it was ordained for/ by convenient means. And the chief and first end of marriage of itself, is the good or benyfite of issue/ the which doubtless by some certain degrees of kindred is let/ as between the father and the daughter, the mother and the son, not because that issue here is utterly taken a way, (for the daughter may have issue of her father's seed, and nourish it up with the father/ and teach and instruct it, in the which thing standeth the benefit of issue) but by cause that this end of marriage, that is to have issue & children, can not be brought to pass in this case by any leeful & honest manner. For it is against all good order & reason/ that the daughter should be coupled by marriage with her own father/ to be his companion to bring him forth children/ & to bring them up, seeing that she ought to be subject to her father in all things, as that doth come of him, and hath her being of him/ and therefore by the law of nature it is forbidden, that any person should marry father or mother/ & yet more with the mother, than with the father, by cause that it is more contrary to the honour and reverence/ that is due unto the parents, if the son take his mother to wife/ than if the father should take his daughter to his wife, because that the wife is bound by the commandment of god/ to be subject and obedient unto her husband. ¶ But the second end of marriage is repressing and quenching of bodily lust, and concupiscence/ which restraint of carnal lust/ though it be not the first & chief end of marriage/ but the second/ yet of itself it is an end of marriage. And this end also should perish and be lost/ if a man might mary which of his kinswomen he would. For there should be opened a great wicket unto lusts of the body/ except there were some restraint/ and fleshly meddling forbidden among those persons, which must needs be conversant together in one house. And therefore the law of god hath not only forbidden marriage with the father and the mother, but also with other persons/ that be of our kindred, which must needs company to gathers/ and are bound to conserve/ the one the others chastity and honesty. And the law of god doth assign this cause/ saying: Vnheale not the foulness of such & such persons/ because it is foulness. But an other end of matrimony not properly and of itself, but joined unto it/ is binding and knitting together of men, and multiplyenge and increase of friendship, love, and charity, while a man is in like manner to his wines kinsfolk/ as he is to his own kinsfolk▪ therefore this increase of love and charity should wrongfully take harm/ if any man should marry her/ that is knit unto him all ready by blood. For by this marriage there should be none increase of any new friendship love and charity. And therefore by the laws of man/ and also by the statutes of the church/ there be many degrees/ in the which folk are forbidden to marry. ¶ And saint Thomas saith in an other place on this wise. According to divers times it is found, that kindred hath let marriage in divers degrees. for in the beginning of mankind father & mother were only forbidden to mary with, by cause there were few men/ and of necessity men were bound to do all their labour & diligence that they could/ for the increase of mankind. & therefore there were no more persons to be except, but those/ which were not fit to be married withal, & I say fit, as concerning the principal end & cause of marriage, which is the good or benefit to have issue & children, as I said before. But afterwards/ when mankind was increased and multiplied / there were many more persons except by Moses law/ which began even at that time to restrain and refrain man's concupiscence & lust. wherefore (as saith Rabbi Moses) all those persons be except from marriage/ which be wont to dwell together in one house. For seeing it must needs be, that they/ which come of one parents, or of one father and mother, both men & women indifferently, company together of long time in one house, plainly they should have great provocation & stirring to fleshly lust/ if it were not forbidden, that there should be no such medley between those persons. And now, when that they think sureli and believe, that there can in no means marriage be contract & made between them lawfully, straight ways that filthy lust and pleasure is quenched & ceased/ nor doth not provoke nor stir their minds any longer/ to desire though things, that be unpossible, & can not be done. whereby they instruct and taught to tame and refrain their filthy desire, as it were by a certain former exercise & practise, and assaying of themself: no doubt but by this custom they shall the better abstain afterwards from other women. for (as saint Augustin saith) custom to a thing may do very much/ either to provoke man's appetite/ and to make him have a lust or desire to it, or to turn away his appetite from it, and to make him to abhor it. And therefore seeing that custom doth keep in & restrain our unmoderate lust and concupiscence in this matter: men do well to judge/ that it is a shameful thing to break and corrupt it. For if it be against right, for desire of possession, to pass or break the buttels of lands: how moche more unrightful is it, for the lustnes of bodily pleasure, to pass or break the buttayles of good manners & customs? ¶ Furthermore saint Thomas saith again/ in an other place. affinity, that is between persons before marriage, doth let the marriage/ that is to be contracted, and doth break the marriage/ that is contracted all ready/ even like wise as doth consanguinity. ¶ And in an other place. Infidels or unfaythfuls, that be not baptized/ be not bound to the laws of the church/ but yet they be bound to the ordinance of the law of god. And therefore if any infidels should contract within the degrees forbidden in the xviij chapter of the levitical/ contrary to the law of god, whether both ii or one of them be converted to the faith/ they may not bide still together in such marriage. but if they have contract with in the degrees prohibit by the ordinance of the church, they may abide still together/ if both of them be converted and turned to the faith: or if the one be turned/ and there is hope, that the other also will be converted. ¶ More over and beside all these things, the same saint Thomas/ where as he goth about to show what is the Pope's authority/ and what things be in the Pope's power/ & what things be not: The Pope, saith he, hath full power in the church/ that is to be understanden, that the Pope may dispense with all manner of things/ that be institute & ordained by the church, or by the prelate's of the church, for these be though things, which are said to be of the law of man, or of the law positive, which be no such matters/ that they bind of themself/ but only by cause they be commanded. But in such ordinances, which be of the law of god/ or of the law of nature/ the Pope hath no power to dispense: because these laws have strength and virtue by the ordinance of god/ and they be upon such matters/ that be necessary of their own selves unto the health of man's soul. And under this manner these laws must be observed and kept in all cases/ and every man is bound to keep them without dispensation. For like wise as in the common law of man, no man can dispense/ but he/ of whom the law hath authority & strength/ & that is the maker of the law/ or else he/ to whom the maker of the law hath given such power: so in the statutes of god's law/ which be of god/ & have their authority & strength of god, no man hath power to dispense/ but only god, or he/ unto whom god hath specially given such power & authority. For every man, of what so ever authority or power he be/ is in comparison to the law of god/ even as a private person, having no power nor authority/ is in comparison to a common law of the people. Now the law of god is what so ever belongeth to the new law of the gospel, or else to the old law of Moses, but this is the difference between the two laws, for the old law did appoint & set fourth many things/ and gave many preceptis, about ceremonies and outward things, pertaining unto the honour of god, and also diverse precepts of judgements, that do serve for to keep justice among men: but the new law of Christ/ and the law of the gospel, the which is the law of liberty and freedom, hath no such determinations, appointments, or bounds/ but is content with precepts & instructions of good manners of the law of nature/ and with the articles of the faith, and with sacraments of grace. And for this cause it is called the law of faith/ & the law of grace/ because it doth determine, which be the articles of the faith, and what is the virtue of the sacraments. As for all other things, which pertain to the determination and certain ordering of suits and judgements between man and man, or else to the ordering of the service of god: christ/ the maker of the new law, did leave them freely to be determined & ordered by the prelate's of the church/ and by the princes & kings, that have the rule of Christ's people. wherefore all such manner determinations and ordinances do pertain to the law of man, wherein the pope hath power to dispense: but those things, that be only of the law of nature, and in the articles of the faith, and in the sacraments of the new law, he hath no power to dispense. for that should not be to have power for to meynteine the truth, but to have power to destroy the truth. ¶ And a little after he saith, that the apostle in his doctrine gave instructions two manner of ways. for some things he taught, not as his own, but as publisshing unto them the law of god, as is this: If you be circumcised, Christ shall help you nothing at all/ and many such other things: and in these the pope hath no power to dispense. And certain things he teacheth, as making ordinances by his own authority & power. For he saith: when I come, I shall set an order upon the other things. Also he commanded/ that the getheringes of money for poor people should be done on one of their holy days, or days of rest: the which pertaineth not to the law of god. And like wise also where he writeth, that he, which is bigamus or twice married, should not be promoted to priesthood: that is not of the law of god/ but an ordinance by the authority of man/ given unto him by god. ¶ And hitherto we have rehersedde the words of Thomas. Now beside him Altissiodorense saith thus. Every person is lawful to contract marriage with any other person, by the law of nature, a few except, as the father and the daughter/ the mother and the son: which were except at the beginning. And except those persons also/ which be except by the Levitical. For those precepts/ that be there/ be no judicial precepts/ but moral/ and perteininge to virtue and good manners. ye and we call them moral precepts, or rules of virtue, not of man's teaching, but even of nature. And we say more over/ that all precepts of moralite natural can not be changed, nor dispensed withal, as touching the substance of virtues. But by the law positive/ or the law of man/ matrimony in times passed hath been forbidden, unto the vii degree of consanguinity or kindred: but now a days only unto the four degree. ¶ again Peter of Palude resoninge, whether the pope hath authority and power, for to release & dispense with these Levitical prohibitions. The pope, saith he, hath no power to dispense in the first degree of affinity/ no more than he hath in the first degree of consanguinity: because that it is contrary to the law of Nature and of god also. For we do reverence unto our father's wives/ as we do to our own mothers. Marriage also is forbidden by the law of god between these persons/ which be in the first degree of consanguinity or affinity/ not the one straight above the t'other/ but the one of side half to the t'other, as brother & sister. and therefore in this degree also the pope hath non authority to dispense/ because that this dispensation also is some wise against nature. And therefore the love and bond, that is between such persons naturally/ doth not suffer us to suspect or surmise/ that there should be any heavy crime committed between such persons. And for this men believe, that even before the laws of Moses, when that mankind was once increased/ other before the flood, or after, they did abstain from their own sisters/ and from their brother's wives, but if it were to stir up seed to the brother / that was dead, as it is manifest in Thamar, and in judas children. Nor it is nothing against this/ that we say/ that is written of the wives of Abraham & Isaac/ whom their husbands called sisters/ by cause doubtless they were of their blood or kinrede/ even like wise as Loth was called Abraham's brother, which was in deed Abraham's brother son, and not his brother. No more the Pope hath no power to dispense, that a man should marry the wife of his brother/ although he died with out children. For how be it men were suffered to do thus in time passed: yet that was not but by dispensation/ yea and that dispensation was by the law of god, & not by no man. For communly by the law of god they did abstain from their brother's wife/ as from their own sister: but it was suffered in that case. wherefore like wise as the Pope hath no power nor authority to disspense for a plurality of wives, all though it was suffered in time passed/ because it was suffered by a certain dispensation and privilege granted by god, and was forbidden by the common law: no more authority nor power hath the pope to dispense in the matter / that we speak of/ that a man may marry the wife of his brother/ departed without children/ for to stir up the seed to his brother: because that where that thing was suffered afore times, it was suffered only by dispensation of god/ for a certain time, like as it was to have many wives, & was forbidden generally by the common law. Nor again he can not dispense with them that be in the second degree, the tone above the t'other: but on the side half, as to marry with the father or mother's sister. for this is forbidden by the law of god. ¶ And with this doth agree in this matter Antonine, archbishop of Florence/ john de Turre cremata/ some time Cardinal of saint sixth. for Iohn partly upon the authority of Pope Innocent, and Peter of Palude/ and of Alexander de Hales, & partly of iii other foundations/ or reasons at the last/ after that he had confounded his adversaries sayings and opinions, he concluded/ that all the degrees of consanguinity and affinity, which be forbidden by the law of god, proceed and come by the showing and instruction of natural reason. and that therefore these precepts were not taken away in the time of grace, that is to say, when the law of grace/ and of the godspell began, and that the Pope can not dispense with them. And the self same Iohn writeth/ how that Eugenius and Pius, being Popes and rulers of the church of Rome, when that the king some time of France and the Earl of Arminache did instantly desire the foresaid two Popes, that they would do them so much pleasure, as to dispense with them/ that the Earl might mary his natural sister, and that the king might marry the sister of his wife, that was departed: these foresaid Popes did commit these two matters unto the presidents of the audience of the Rote of the court of Rome, among whom was this foresaid Iohn of no small reputation/ and to all the other great learned men/ which at that time chanced to be at Rome/ that this matter should be examined by their learning and discretion/ that is to wit, whether it was leeful for the Popes to dispense in these cases. And after that they had disputed long time upon this matter, and had taken as much deliberation in it, as the thing required, all those learned and wise men/ with one consent and agreement/ came to this point/ gave this sentence, and made answer on this manner/ that the Popes had no power nor authority to dispense in these degrees. Their reason was this, because that these degrees were forbidden by the law of god. The which verdict and sentence was of so great authority and strength, that afterwards/ when a certain bishop had forged a false bull/ by the colour and pretence of the which the Earl was married unto his own sister: the bishop was both deprived from his dignity, & was condemned to perpetual prison. That if so be (quod Iohn) that ever any Pope had dispensed in these degrees, because that either he was ignorant in the scripture of god, or else all to blinded with covetous of money/ which customably be wont to be offered for such unreasonable and shameful dispensations, contrary to all god's law/ and man's: or by cause he would please men rather than god: it followeth not for all that/ that he might do it justly and rightfully. For the church of god must be ruled by right and law, not by such deeds or by soon, that is over us side wise. ¶ And thus also Astexan saith/ that the Pope can not dispense in the degrees/ that be forbidden by the law of god, in the xviij chapter of the levitical: and yet in degrees forbidden by the law of man he may. Again/ he saith. If unfaithfuls have contract in any degree forbidden by the law of nature, or by the law of god: the marriage between them is no marriage, nor yet never was. For all be bound to obey the law of god/ and the law of Nature, be they faithful or other. And therefore after that they be converted to the faith/ they must be departed. But if they have contract in any degree, that is forbidden only by the church/ seeing that the laws of the church made for christian men be not extended unto the unfaithfuls or heathens, that were never baptisid/ the marriage that was contract between them was lawful/ and therefore after that they be converted unto the faith, they ought not to be divorced. And the same man saith furthermore, that if mankind should fail and decay, as it did in the time of No: yet it should not be leeful for the brethren, by their own authority/ to marry their sisters, because it is forbidden by the law of god/ but it might be leeful for them by the dispensation of god. ¶ Beside all this Iohn Bacon/ an englissheman/ was in time passed clapped & whistled out at Rome, because a while he held the contrary opinion, that is, that the Pope might dispense with degrees/ forbidden by the law of god. But at the last he knowledged his error, and said, that the Pope had no power to dispense in the degrees forbidden by the law of god/ in the xviij chapter of the Levitical. And afterward, when he had asked this question/ whether we keeping the levitical law of the jews, be ourself jews also or no, in so doing/ did make answer himself. That the law of the gospel doth admit the law of nature. But natural reason, doth abhor/ that a woman should be subject unto a man/ which is her kinsman in the first degree. ¶ Also walden/ widforde/ and Cotton, very christian and catholic authors/ reprove divers other cursed heresies of wyclefe/ and that stoutly, and with great profit of Christ's church: & among all other they do dam also this heretical and more than phrenetical and mad opinion, where he did hold, as some would now a days/ that these Levitical prohibitions be only judicial precepts/ and that it is ordained at this time by man/ without foundation or ground/ that consanguinity between persons of side half: yea and more over that affinity in the first degree is an impediment and let of marriage: and they do clearly and plainly prove/ that those Levitical forboddes, which there do prohibit to uncover the foulness of our kin or affinity, that they be not only no ceremones of the jews/ as wiclefe would/ but that every one of them even at this day, do bind all christian folk by the law of god: and that by all right & reason they ought to be numbered among the moral precepts of the ten commandments. For walden saith/ that the Levitical laws do bind us as well as they did the jews, as concerning the very substance & pith of the law, but not as concerning the penalties put unto them. For considering the laws in themself only, they be moral/ and of the precepts of the ten commandements/ and that even to so many degrees, as be reckoned up there, all though they be mere and utterly judicial, as concerning the penalty adjoined. This law from the first beginning of Christ's faith, by all the fathers, that have been hitherto one after an other/ was judged to bind, by cause it was the commandment of god. And how it is expired and vanyssed away now at wiclefes coming/ that it should be no more of the making or ordinance of god, but the handy work and ordinance of man: this thing let wiclefe and his scholars try out. Certainly he doth offend and break the honesty and shamefacidnes natural/ who so ever discoverethe the privy parts of his own flesh and blood/ as it were the privities of a strange person. ¶ And the same opinion of walden Pope Martin the first did approve & confirm it/ and that not without discretion & sufficient deliberation. For first of all he took it to the best learned men he could find, that they should with all diligence they might examine the said opinion. and when it was examined/ allowed, and commended by agreement of all them, to whom the examination of it was committed: than the Pope, by his authority and power did confirm it. ¶ with these men doth agree/ among the divines Peter of Tarantase/ Durande/ Stephan Brulifer, Richard de Media villa, Guy Brianson/ Gerson/ Paul Rice/ and all most all the school doctors/ which with one assent, do steadfastly hold/ that Infidels or unfaithfulles/ all though they be not under neathe the laws of the church, yet they be bound to keep the law of nature, & of god. And therefore such marriages, as they have contract in any degree of consanguinity/ that is forbidden by the law of god/ be no marriages: and that they must needs be divorced. And they think that the contrary custom of certain barbarous & bestly people do nothing make to the contrary. For/ say they, the heat and ferventness of carnal lust and concupiscence/ hath over cast and blinded in them the precepts and rules of the law of nature. ¶ And among the glosers and doctors of the law canon, Iohn Andre, and Iohn of Imola do gather and conclude, both by the words of the very text of the chapter/ Literas, and also by the words of the gloss there/ that the degrees written in the Levitycall/ be the same self degrees/ in the which Pope Innocent himself doth say, that the Pope hath no power to dispense. And they hold utterly/ that these words THE POPE CAN NOT, be put there in their own proper signification/ and that this taking and understanding/ to say/ the Pope can not/ and to understand it/ for, he will not/ or that it is not expedient/ that this glozing doth destroy the text. ¶ And master Abbate also doth hold the same opinion, saying/ that the precepts levitical be moral/ and denying precepts/ which do bind for evermore, that is to say/ at all times: and that the Pope is never a 'bove this law of god. Ye more over that he is bound to defend it/ and maintain it with all that ever he can make and do, and to lease therefore/ not only all his goods and lands temporal, but also his blood and his life. And the same Abbate saith also in another place: I say, saith he, that the very words of god's law must be pondered and weighed: and if this second degree be forbidden by the law of god/ doubtless the church can not dispense therein/ and in like manner/ saying that by the very words of the law of god, weighed and ponderd/ the brother is forbid by the law of god, to take his brother's wife/ it followeth/ that the church can not dispense in that case/ that a man should marry his brother's wife▪ The which thing saith he, is worthy to be noted in practising of the law/ by cause of these great princes/ the which do many times desire dispensations of the Pope. And likewise/ saith the gloze in the Chapter, Pitatium, And Mathewe Nerew of saint Gemin/ in his last question/ of his tree of consanguinity and affinity, doth also follow the same opinion, as the universal opinion of all the doctors of Canon. And Vincent, and Innocent, and Ostiense, and Abbate follow the same opinion. ¶ But here had need to be some measure in citing and reckoning up of authors/ for this work should increase & grow to an infinite thing, if we should reckon up here all the names and sayings of all doctors, which with hand and foot, do approve and follow this opinion of ours. ¶ And by the witness & sayings of those authors, that we have cited, thou mayst well and sufficiently know and perceive, gentle indifferent reder, first that in those persons/ which the law of god doth call nighest of blood/ there can be no good and just cause or excuse/ for the which it might be suffered or dispensed with, that one of them should discover the foulness of an other/ nor there can not be alleged any thing so honest, that is able to cover the dishonesty of this thing. second, that all such foul meddles doth so defile and corrupt us, not only outwardly/ but also inwardly/ and in our soul, even after the truth and teaching of the gospel, that we shall have no rest or quietness of conscience here/ and afterward shall be sure to have everlasting damnation/ except we forbear such marriages. thirdly/ that these marriages/ which be made contrary to these levitical prohibitions, be so full of horrible abomination and foulness, so openly contrary unto the acts and deeds of virtue moral, as be reverence and honour to our parents and kin/ chastity/ love/ and charity: yea and more over, they be plain against the ends and causes for the which matrimony was ordained/ that they be not to be excused for none ignorance/ nor to be suffered, would a man give never so much/ or do never so many good deeds in recompense: nor that they be not to be let stand for regard of no manner of dispensation, no not though it were to make peace between great princes/ but that they ought and must be punished by the strait order of justice. ¶ Finally that every one of those prohibitions of marriages, which be commanded in the Levitical/ be commanded for a plain and a clear reason of justice and honesty, that is in them/ and that is apparent, and evident at the eye without any mystical meaning or understanding. Ye and more over that it is utterly a point of heresy/ to say/ and hold that they be not but judicial ordinances of Moses, and that they be at this day abrogate and taken away/ as wyclefe did hold, and that they ought to be observed and kept with all reverence among all christian people, as moral precepts of natures teaching/ and that man in no case can dispense with them. ¶ And among all/ there is one thing, that I would have thee/ gentle indifferent reader/ specially to mark/ which divers of these holy & approved doctors do hold also/ that the brother can not mary a woman/ that is but only handefaste unto his brother/ & if he do/ the marriage can not stand by help of any dispensation, and that all such marriages must needs be utterly broken, lest carnal persons should apply their minds, and be encouraged by such bestly exemples to do likewise. ¶ And in this opinion both Lire himself is, which saith that Adonias, king David's son/ did sin, and did against the health of his own soul, and contrary to the law of god, written in the levitical, and that therefore he had well deserved to be slain of Solomon his brother/ being king/ because that he desired to have Abisaac, one of the spouses of David his father: and yet David never touched her, but left her a clean virgin. ¶ Again that noble divine Hugh of saint Victore is also in the same opinion. For all though, saith he, that the woman, with whom it is known/ that the man had no carnal meddling/ doth not pertain to that sacrament or holy mystery, which Paul calleth a great sacrament/ that is between Christ and his church, or company or faithful christian people/ yet verily it pertaineth to an other sacrament or holy mystery/ the which is much greater that is between god & man's soul. For what? if it be a great mystery/ that is in the flesh/ is it not as great a mystery/ yea and much greater, that is in the spirit? for the flesh doth nothing help, it is the spirit, that quickeneth and giveth life. Therefore it is true marriage/ and the very sacrament of marriage, all though there never followed no fleshly a do/ ye to speak better/ both the marriage & the sacrament is so much the truer, and the holier, in so much as there is nothing in it/ whereof chastity should be ashamed/ but whereof love may rejoice and glory. For if god by scripture be well called spouse of man's soul/ & the soul again the spouse of god, forsooth there is some thing between the soul and god, where of this thing, that standeth in marriage between man and woman, is the sacrament and image/ and likelihood and holy sign or token. And peradventure, for to speak more plainly in this matter/ the very company/ which is kept outwardly in marriage, according to the promise, that each made to other, is the sacrament, and sign or token. And the thing self of this sacrament, is the love of minds of one to the other/ which is kept between them in this bond of company, and league of marriage. And again the same love and favour in their minds, the tone to the t'other, is the sacrament and token of that love and charity, by the which god joineth himself unto man's soul inwardly/ by putting in to the soul, of his grace and by sending into the soul part of his godly spirit, by the which the soul is made one spirit with god. Therefore the fleshly coupling, which before the sin of Adam/ was in marriage an office or virtuous deed, and after the sin/ it was granted in the same marriage for a remedy: so both times it is put unto marriage, but so that it is with marriage/ but marriage hangeth not of it. For true marriage is before any fleshly meddling/ and marriage may be holy without any such thing/ it should doubtless not be so fructefull, if such meddling were not, but marriage is much cleaner, if no such thing be in it. For that after sin, fleshly meddling is suffered in marriage/ it is rather of great sufferance & compassion/ lest the vice of concupiscence and lustiness/ which after that sin was rooted in man's flesh/ should contrary to all honesty, and without measure/ break forth and flow abroad in every place without any regard, if there had been no certain place provided by the law, where it may be lawfully received. wherefore the very true perfect, and full marriage/ is the same company, conversation, and living together/ the which is consecrate by the league or bond of spousage or promise, that one doth make to the t'other, when both of them by their free and willing promise/ do make themself debtors/ the tone to the t'other: and do willingly bind themself by convenant, that fro hence forth the tone will never departed from the t'other to the company of none other person, while tother is alive/ nor that they will never divorce themself, nor break of from this company/ that now is between them. And if so be it/ that unto this convenant and agreement of conversation and company together, there be put to also in the first meeting a convenant and bargain of carnal meddling/ than the man and the woman be afterwards bound/ the tone to the t'other/ of duty to this fleshly meddling. And if peradventure at the making of the marriage this carnal couping be remitted on both parties/ by the vow & consent or promise of them both, afterwards they be no more debtors the tone to the t'other for this thing. For that thing/ which by equal consent and agreement was remitted of both parties/ and confirmed by their vow and promise/ it can not be justly required afterwards of other of them, and yet for all that/ the sacrament of marriage standeth even in this case steadfast and sure/ whereof the carnal couping is neither cause of the virtue and goodness of it, when it is there/ nor can not take away the virtue and perfectness of marriage, if it be not there. And therefore this only consent and agreement of their minds is thought to uphold and continue this unpartable conversation and living together. And this consent was ordained for this cause, that this company of the tone with the t'other/ the which was begun between them by this consent and agreement, should not be suffered to be broken at any time, as long as they were both alive. ¶ So that now, reder, as thou hast seen by these two auctors, it is plain and open, that not only the first degree of consanguinity and affinity/ but also the first degree/ wherein marriage is forbidden, for a justice grounded only upon ascertain common honesty and comeliness, is forbidden by the law of god/ in the levitical, and can not be dispensed withal by men. ¶ And that this thing is very certain and true/ thou mayst take this for a good proof/ that Alexander in time passed/ the third Pope of that name, had leaver to suffer Henry/ a citizin of Papi, to be perjured/ than that he would take upon him the authority to dispense with him for his oath/ by the which he had bound himself to mary a maydden to his youngest son, which had been made sure before to his eldest son/ now being departed. For he answered the bishop of Papi on this manner: Because, saith he, that it is written in the levitical, that the brother can not have the brother's spouse, we command thee, that thou suffer not this foresaid Henry to fulfil his purpose/ and that thou compel him by the order of the church to do penance for his unleafull oath. ¶ wherefore saying that these things be thought true to so many and so discrete auctors/ that it is not lawful for a man to mary his brother's spouse: how moche more unlawful ought we to think this thing, that a man should marry his brother's widow, with whom his brother had carnally a do, and that he should uncover the privities of her/ which before is one flesh with his brother/ not only by the bond of marriage self, with the other brother/ but also by reason of carnal commixion and meddling with the same? And therefore doubtless every man ought greatly to approve and commend this determination of these universities/ which do hold and conclude/ that to mary her, whom the brother, departed without children, hath left, is so forbidden by the law of god, and also by the law of Nature/ that the Pope hath none authority nor power to dispense with such marriages, whether they be contract all ready, or for to be contract: except peradventure there be any man, which hath a pleasure to call again into light/ old reproved errors and heresies, that of many years have been condemned. ❧ The fift chapter. THus now we have rehearsed and showed before, faithfully and truly/ what the sacre holy authority of the old testament and the new/ what the use and custom/ consent or agreement of the hole christian church, what the Pope's/ what the doctors, interpreters and declarers of holy scripture/ finally/ what the assent of wise and well learned men/ both in man's law and in God's law/ do think and judge of these Levitical prohibitions, and specially that a man should not marry his brother's wife. And we doubt not/ but that these authorities and judgements be of such strength/ that there is no reasonable nor indifferent man, but they ought so to satisfy his judgement and conscience, that he should desire no further proves upon these conclusions of the universities, and upon this sentence, that they have determined and decreed: but that these foresaid things be sufficient and able to defend them utterly from all manner of cavillation. How be it for as much as there be some, that love well reasons, and there be many, and that strong and invincible reasons, the which may seem to lighten and declare this sentence of the universities/ and also greatly to confirm and prove the same: the next thing that we must do now/ is to use the help of them also in this matter/ and to bring forth & show some of them, as we took upon us and promised before to do. All the doubt and question of this our matter is dissolved and undone, rather by definitions and by showing plainly/ what every thing is, than by arguments and reasons. For this question is grown and sprung up, by the error and false opinion of men/ that were ignorant/ and did not know the very true and natural property or proper nature, of the law of god/ the law of nature and of the law moral. And for this cause first of all it shallbe very well done and necessari/ to define and to show properly and certainly/ as a man would say by a certain portraiture/ what God's law is/ what the law moral/ and the law of Nature is. And to set these definitions, as ye would say for certain principals and chief points of our disputation: of the which we may take all our reasons and proves. And we will not follow here the scrupulose and curious labour and diligence of some men, which divide and draw into over many gobbets and pieces/ the true signification/ meaning/ and nature of these words. Surely we will not meddle with no such things, which all though they seem at other times/ quick or sharp, and may give and show to thorny, crabbed, and cumbrous wits starting holes to scape out by/ if at any time their armi be brought into a strait: yet doubtless, as for this matter, they do nothing but make it darker/ and incombre men's judgement. And if this treatise that hereafter followeth, gentle indifferent reder, shall seem unto the somewhat strange and hard/ yet hardly take the pain to read it/ and I doubt not, but thy labour shall not be so great, but the profit hereof shall be moche more/ not only for the understanding of this matter, but of many other/ which be very necessary for christian men to know. Therefore to come to our purpose/ the definition of God's law is this. ¶ The law of god is the word or mind of god, commanding things/ that be honest, or forbidding things/ that be contrary to honesty/ which law the sacre holy universal church hath of long time, by her authority, received & confirmed as other being sowed & planted in the reasonable creature of god, by the mouth & spirit of almighty god, or else showed to him by revelation. ¶ Here if we chance to meet with a froward and to curious a reder, we fear, lest that we shall not obtain of him, that he will be content with this definition. He will streicht condemn it, as falsely forged & counterfeit/ & shall reason, and say/ that it is not made formally, clerkly, masterly/ nor after school learning. And again he will find cavillations/ and say, that it is not large and general enough: For that it doth not contain the laws other consultory or permissive/ that is to say/ laws that give counsel/ and laws that do suffer and permit/ and this he will object, because we have defined/ that only to be the law of god/ which doth bid or forbid. Moreover he shall cry out/ & say/ that their lacketh the final cause or end, that is/ getting of the eternal bliss. so that by this note or mark god's law might be distinct and known a sondre from the judicial, ceremonial, and man's laws, the which/ he will say/ be not the laws of god/ by cause that the next and streicht intent of them is not to order & lead man to that end/ which is last of all/ and above or beyond nature/ and how that he shall live with god in heaven/ but only to an end natural, how he may live in a comen wealth/ and in company of men, which is called a politic or a civil end. Finally he will find cavillations, & say, that it is a new or a strange definition/ and made of our own heed/ and far unlike the definitions, which have been so long used & received in the scoles. Of the which this is one, that God's law is a true sign or token notificative/ which showeth to a reasonable creature the right & true reason & mind of god/ willing the same creature to be bond to do somewhat or not to do, & to such like definitions as this is. These & such other reasons he will peradventure forge and imagine, who so ever he shallbe, that will be curious in weighing & examining this matter/ more than right and reason requireth. But we do appeal from such judgements to a reasonable indifferent/ and a learned reader/ to whom we doubt not/ but that we shall lightly persuade and prove/ that it was never our mind to pluck down or break though things, that have been received and approved. and that we have expressed and declared, not undiscreetly and without consideration/ but perfectly enough, by this definition the substance or nature of the law of god. ¶ For first seeing that all laws either be the laws of god or man, and the laws of man be all those, that be ordained & made, not by the mouth and spirit of god, but immediately of man/ and by the will, tradition, and authority of man/ and that command things, that be honest/ or forbid things that be unhonest/ for some cause agreeable to reason: whether this cause be everlasting, or during for a time: Furthermore seeing that all that ever god did speak in approved scriptures, thou canst not conveniently call them laws or commandements/ but them only/ which do command or forbid any thing, and the which of necessity bind us/ to do as they bid and command us: Finally seeing that all men do surely believe/ and so aught to believe, that the universal church alone hath that key of knowledge/ and also of power, whereby she may discern and judge, by her authority/ the words of god/ from the words of men: By these foresaid iii reasons/ we know/ that a gentle and an equal reder can require nothing more in this our definition. And we trust/ that he will openly grant/ that it is not unlike or disagreeing from those definitions, that be received and approved, for as much as is pertaining to this purpose/ ye and that it is also somewhat more fit, and convenient, than these other be. This chiefly was our intent and purpose, that we might declare and set forth the law of god/ after such manner, that it should not alonely be evident and plain, whereby it differeth from man's law: but also that we should ascertain you, what it is/ as it doth comprehend the laws/ moral, judicial/ and ceremonialles/ as many as be rehearsed in holy scripture to have been ordained and made of god, and as do bid or command any thing to be done, or not done: which all alike we count to be the laws of god. ¶ For as for the strait or streytest taking or definition of the law of god, we did not so much regard it/ and of purpose/ and for the nonse, we did leave out the laws consultory and permissive. For when the scripture doth counsel, or suffer us to do/ or not to do any thing, this is gentleness, goodness, and perfectness of laws, rather than the laws self, because it is a point of a good and a perfect law/ to counsel and suffer those things/ which be neither to be bidden nor forbidden. And yet if any body will examine and try out this definition of ours/ by the rules of logic, perchance he shall find/ that it is absolute and perfect in all points. But it is no time here to play the logition/ and to bring proves not necessary nor requisite/ in a matter plain and evident enough. ¶ For we have declared, as we think, sufficiently enough/ what god's law is/ and also, what laws be worthy to be referred and counted in the order and number of god's laws/ and what laws again ought to be banished out among the sort and rout of man's laws. moreover of God's laws the divines make three kinds/ that is to say morals/ which also be called naturals: and judicials: and ceremonials. The difference of these, the Divines find out on this manner. ¶ They call morals, which teach and give precepts of the acts, offices or duties of moral virtue, that is to say/ they show how a man shall do virtuously and after good manners/ & what deeds be good and what be not. ¶ judicials they call those laws/ which give precepts of particular acts of justice betwixt man and man, and precepts of punishments and rewards, as every man deserveth. ¶ And ceremonials they call/ which command us to do certain outward deeds to the worshipping of god/ from whence the name of ceremonies seem to have sprung & come up. ¶ we will speak nothing here of ceremonials/ which pertain nothing to our purpose, by cause that our matter is no ceremony. As for the difference or diversity of the morals and judicials/ how they ought to be taken & understand, we must needs declare more plainly. For herebi we have seen men/ & that well learned, oftentimes blinded & deceived, while they thought that this word, justice, which is large & containeth many kinds underneath it/ to be single, and contain but one kind/ nor to be taken but one ways only, where as in deed there be divers kinds of justice. ¶ One kind of justice is called Legal, universal or general/ an other is called particular. ¶ Legal or general justice is, which generally containeth all virtues underneath it/ and it by itself alone, is all hole virtue/ that is: even, as scripture doth call a just man for a good and a virtuous man, and justice for goodness and virtue/ as contrary wise/ injustice general is not part or a kind of vice/ but it hath in it wholly all vice and sin that is. ¶ And now of particular justice there be ij. kinds Distributive/ and Commutative. ¶ justice particular distributive standeth in distribution or parting of honour/ promotion, or of money/ or of other things/ which may be distribute among them/ that be fellows of one city or commonalty. For these things may be divided among us equally and unequally, and so justly or injustly. ¶ Particular justice commutative is ordained to mend and correct such bargains, as we make one with an other. Therefore when there is any doubt or question of this point of justice/ we go to a judge, whose office and duty is to make them even/ which be not even: as when he doth condemn a man in a sum of money, and so taketh away the winning from him/ which had more than right afore by deceit and wrong. Than when the hurt is one's measured and esteemed/ one part is called loss/ tother winning: and he is called the winner, that putteth the other to loss/ and he the loser, that hath loss. ¶ These things we have spoken for this purpose/ that we should understand, that the Divines, while they say/ that the judicial laws do treat upon particular acts of justice, between man and man/ they will and mean/ that the judicials only command and teach/ by what means and punishments those things may be correct, amended/ and brought to a just and an even point/ which belong to particular justice to order/ likewise as moral precepts belong to general justice/ to order. And plainly if any man will search & seche out the exact meaning & definition of the judicial precepts, specially that be spoken of/ in the old testament/ he shall find, that they only be judicial, and so ought to be called, which be statutes of pains, or at the least, those/ which god in time passed did answer unto Moses, when that he asked him counsel of the suits and controversies of the jues. For saying the beginning of wisdom is the fear of our lord, that same people so stubborn and intractable, ought for fear of punishment to have been moved and provokedde to virtue/ and to be drawn back from their wont and accustomed sin, lest that they, as men unreuly and intractable, should by their sin so greatly have moved and provoked god, that they should rightfully, and of their deserving, have gone down quick to hell. Therefore afterward that the moral precepts were given/ in the mount called Syna/ with incredible fear and horror or quaking of the hearers: anon after were given them also the judicial precepts, in the which god did nothing else, but teach and show what vengeance ought to be taken upon them/ that do trespass/ and transgress those foresaid moral precepts. For the judicials, as Thomas saith, have their name of this word judgement. And as for this word, judgement, betokeneth exercising of justice/ which is done by reason, applienge the laws or rules of justice certainly to such special cases, as belong only to the ordering of some certain people among themselves, & that considering the state of that people only. for, saith he, seeing the moral precepts be common to all people, and that many of them, specially of the affirmatives/ do appoint neither time/ place, nor manner, how to keep them: it is necessary/ that these circumstances be specified & determined by some law, either of god, or man. And therefore as that general commandment/ that god must be honoured and worshipped, is specified and declared outwardly by ceremonial precepts: so like wise that same commandment of keeping justice among men/ called the lawful or general justice/ is determined by the judicial precepts/ that is done by a judge, applying the universal & first rule of general justice, to some particular matter/ & to the private state of some one common wealth/ and to the profit and benifyt of the same only. ¶ By these foresaid things we think, that it is evident and plain, what laws ought of rycht to be called judicial laws of god. Truly those which have been made & ordained of god himself in holy scripture, to the governing, not of all people/ but of the jews together among themself, and that in such things as pertain to particular justice/ and have no moral reason in themselves, nor should be of no strength nor authority, if there were nothing but reason to move thereto: but the cause of their making was the state of that people, and other authority and strength have they none/ but only by cause they were made. for their authority standeth rather in that they be decreed and commanded, than in any reason of general justice of god/ as which stand more in decrees and penalties/ than by rule or by reason of common justice. For there is no common nor general justice in them, but they be only just for them that they were made for. ¶ And thus we have showed thee, what is the judicial law of god. Now in the definition or certainty of the moral & natural law, is great darkness and doubtfulness/ because it is communly unknown, nor hath not been written nor declared clearly and diligently of any divine (as far as we have red) by what short and substantial way/ we might find out by a sure fashion of reasoning, what is the law of nature, how many kinds there be of it, and also which be the things, that natural reason should show and teach us. These things doubtless be very dark and over rolled and wrapped in most deep and thick darkness, by cause that all people on all sides/ in manner by a common consent and agreement, follow vice & sin/ and of so long time hath fallen away and clean forsake their very proper nature, so that partly by cause there be so many vicious customs, partly by cause there be so many vain opinions, & misordered judgements, so many crooked errors/ and ignorance/ so many froward manners/ finally because there is so great diversity, both of men's wits/ and of men's appetites and disposytions/ the holy light of nature is in manner utterly extinct and put out, and scant appeareth or showeth itself at all any where, and the sharp or quick sight and true judgement of man's reason, by the which he should know/ what is good/ what is ill/ what is true, and what is false, destitute of his light and rightness/ and lacking the holy ghost or spirit of god/ which is the ruler and governor of reason/ is utterly become obscure and dark. Therefore here we must rest and tarry a little while/ that as far as our wit & capacity will serve us/ and this our matter will suffer/ we may give light to these dark things/ and undo the knottꝭ of the doubts so as it may be. ¶ There is in man/ all though it be marvelously blinded and darkenedd, a certain prudence, or common wit engendered in him, graven in him by god his maker at his first creation/ and this wit or reason they call natural light/ & light of understanding/ & the light of the visage of god, the image of god/ the eye of the reasonable mind, a parceivinge of good & evil, right & wrong, finally they call it natural reason. ¶ Beside this there be written in the heart of man with the finger of god certain rulis or lawis of general justice virtue & honesty, which they call the first principils to live by, according to virtue/ the first rules to do justly, which were to man as exemplars or patrons for to follow/ & to show him how he should do justly/ the first truths/ sedes of virtues/ sparkles of nature, imperfect understondinge/ general knowledges, common sense or perceverance, common wisdom/ finally beginnings to all moral justice & virtue. Now the office of the foresaid natural reason & prudence is to show, that we ought to do/ or leave those things, what so ever these rules of common justice or virtue doth show us. And because that the same rules of general justice contain the perfect & true nature of utue/ they teach/ that those things only, which in the manners of all men universally, be good or evil, right or wrong, aught to be followed, or avoided/ even for the things themself/ and for obtaining of everlasting bliss. For this rule is no other thing in deed, than a certain line leading us to honesty and virtue, and from disonestie and vice. So that what so ever is done, according to this rule/ it must needs have the name of virtue, by the which virtue man is called good/ what so ever is done contrary to this rule, it must have the name of vice. This rule therefore joined with that common prudence or wisdom, we call the law of nature. If thou wilt define it: it is a general knowledge and judgement, which god did grave in the mind of every man, to help him/ for to form and fashion his manners and living. And it needeth not us to go far to seche the proof of these things/ that we have spoken/ seeing that there is no man, but that he hath in him sometime an examination and remembrance of himself, and remorse or conscience/ that doth judge & condemn him. and where so ever these be/ there must needs also be some law/ from whose teaching the misdoer may perceive, that he hath swerved, and that he hath not performed though things/ which the law commanded him. And as for this law both Paul himself/ and almost all the divines and the philosophers/ call the law of nature, and say, that it is a certain common sentence or judgement/ condemning or allowing the deeds of men, the which god did grave in the heart of man with his finger. In so much that unto us truly the law of nature/ to speak of it generally, seemeth to be no other thing/ but these first rules, and first judgements, that man had/ which were made with man/ or rather borne with him/ & graven in him of god. But to speak of it specially and properly/ and to show how it differethe from all other things/ these two things following, seem to us to have been added to the definition very conveniently and to the purpose, that is to say/ which god did grave in every man's mind/ and again which is fit and convenient to form and fashion the manners and living of men. The first is added because we should understand, that they only be natural laws, which have been written with the finger of god/ or rather borne in the heart of man/ stablished and confirmed by agreement of all nations/ and not made by the ordinance of men/ or by their laws/ their cunning/ opinion, or reasoning/ nor finally by no usage or custom of men. The second is added because, that where there be many knowledges and judgements in us, all alike can not be called laws of nature. But to open this thing some what plainly/ you shall consider, that in man's reason there be two parts, the one is occupied about study of sciencis/ that is called Speculative, the other about the ordering of his life/ which is called Active. And as this part, that longeth to study/ hath his natural principils/ and them most true/ and so plain of themselves/ that they need nor can not be proved by none other means but only by themself, of whose truth and knowledge hangeth the truth and knowledge of all other things, that be treated in any of the speculative sciences: So truly god, that is most good, most wisest, & most of power/ after that he had made man unto his own image & likeness, right and without any crookedness/ without any vice/ streicht ways he put in him his spirit and holy ghost, which should inflame and kindle him to goodness and virtue: and did by and by grave in his mind/ in the other part of his reason/ that served to the ordering of his life/ certain general knoweleges/ and general rules/ upon virtue, and upon all things/ that he should do, which should be as you would say/ certain principilles, grounds/ and chief conclusions/ and that as it were certain, most sure, and most true rules to judge by, with right, and according to reason upon all the manners and deeds/ that belong to man. And truly these general rules of common justice or virtue, we call laws of nature. ¶ Now to show you, what is the moralle law of god: what so ever is commanded of god in holy scripture, and is showed unto us inwardly in our hearts by these foresaid general rules/ or that in a good and formal reason followeth of them/ or else that agreeth with them/ though it doth not follow of them: all these the Divines call the laws moral/ which law they define and determine on this manner. ¶ The moral law of god/ is the word or mind of god/ commanding those honest things/ and forbidding those unhonest things, which the natural reason of man lychtened with the lychte of the word of god, doth, according to the rules and teaching of common justice or virtue, teach us to do/ or to leave: and which the same natural reason self so lightened, doth show us/ that we be bound to keep them/ all though they were never commanded by none other law. ¶ These things well known and understand, it shallbe easy and plain to know the difference between the laws morals and judicials. For the laws morals were graffed and planted in man by nature/ or at the least came of natural reason/ and this natural reason ever and at all times before any law was written/ or any city made, god himself did plant in man: but the judicial laws were showed to man afterward/ nor stand not by nature, but by ordinance, and making. again, moral laws serve to order, according to the rule or prescript of general justice, all virtuous deeds/ by the which a man is made good. And as for those judicial laws/ served not but only to the ordering of the jews among themself, and in those things only that belonged to particular justice. The laws moral have of themself a natural and moral cause generally to all nations why they were made: but there was no cause, why the judicial laws of god were made/ but only the state or condition of the jues. The laws moral be perpetual and unchangeable, by the consent of all nations/ and so remain and endure, by cause they have their strength and power by the teaching of natural reason, so enlightened, although they were never commanded by none other law. These judicial laws be used and accustomed only by ordinance. ❧ The sixth chapter. But of the licht and troth of our two worthy grounds & principilles/ that is/ the definition of the law moral, and the law judicial, of the which two we will make a syllogism or perfect reason, we have spoken sufficiently. Therefore now we will go forth with other things, that pertain to our purpose, and shall endeavour ourself, to show and declare/ that though levitical prohibitions'/ whereby we are forbidden to mary our brother's wife, and to show his filthiness, is a law moral, coming of nature. And this thing we shall bring to pass/ peradventure / if we make you a reason out of the definitions after this manner. ¶ Every saying of god/ that commandeth honest things/ and forbyddethe unhonest things, which the natural reason of man/ cleared by the lychte of the word of god/ commandeth to be done, or to be eschewed/ according to the rule and teaching of general justice or virtue, and that hath authority and strength even by natural reason only, all though it had never been ordained by none other law: is a law divine, moral/ and natural. But these Levitical prohibitions, be sayings of god/ that do forbid unhonest things, which the natural reason of man, lychtened by the word of god, commandeth to be eschewed, after the rule of general justice and virtue/ and have their authority and strength, even by natural reason only, all though they had never been forbidden by none other law. Therefore they be godly, moral, and naturalle laws. ¶ But if that any man here by chance will/ by his crafty wit, reason, and bold stubbournely, that some of those things/ which we have taken to prove our conclusion with all, be not true: the text and the order of the history/ and of the place, that we have before rehearsed, out of the levitical/ shall soon overcome him. ¶ For truly first of all, that those laws be sayings, commanded to the reasonable creature, not by the will of man/ but by the authority or teaching of god himself: the manner/ the time, and causes of their institution, or first ordinance do plainly declare. yea and this thing also, that is so often rehearsed there/ declareth & showeth the same/ that is, I your lord god. So that we need no more to doubt of the auctor or maker of these laws. ¶ second the universal catholic and apostolic church hath showed/ that those laws were taught us by the spirit of god, and by god/ by cause that the church hath put the .v. books of Moses/ and among them the whole book levitical in the number of these works/ which by undoubted usance and consent of long time/ the church hath approvedde and confyrmedde/ to have been written by the spirit of god. This same thing truly the sacre holy counsels, the honourable Seanis have decreed/ the holy fathers privately every man in his works hath judged/ the same thing till this day hath been believed and received of all christian men. And forsooth/ saying that the catholic church hath approved this thing as strongly as can be/ and hath published and witnessed the same openly to all the world, that those prohibitions/ the which we now speak of, be expressly and plainly written in the book Levitical/ and that the book levitical/ which can not err nor lie/ doth plainly show and declare/ that these laws were showed and spoken by the spirit of god, through the mouth of Moses to the people of the jews: truly no man can say nay, but that these levitical laws be oracles or sayings/ that came out of the mind of god/ nor were not made by the ordinance of any man. ¶ Third, and that these Levitical prohibitions be sayings/ which do forbid such thing/ that of itself is nought and again honesty/ and such a thing truly as the natural reason of man/ lychtened with the licht of the word of god, doth show/ should be avoided/ that is to say/ the filthy, foul/ and shameful couping with our brother's wife, the pith & strength of this word MAN showeth & declareth: by the which word it is signified, that they, which so come to their brother's wife/ be no longer men, but brute beasts/ in so much that god calleth it filthiness/ a mischievous and accursed deed/ abomination and infamy/ and a thing unlawful/ that any man should marry his brother's wife. And this thing is plain/ also by cause that god doth threaten to punish grievously and sharply the breakers of these laws/ that is to say/ that they shall be blotted and clean wiped out of the mids of his people/ and that they should be spewed out of their land/ and they shall die without children/ and yet we will not speak one whit of the more grievous and sorer punishments. For mark well/ god threateneth three manner punishments to the breakers of these laws: first temporal punisshment, that they shall be cast and banished out of their country. second, that they shallbe without children/ which punishment cometh only of god. And thirdly everlasting punishment, that is the banisshment of the soul out of the company of god for evermore. For as this saying/ to be put out of the mids of his people/ meaneth not that we should be punished by any bodily death, but that we shall not be reckoned nor counted in the number of saints or of chosen people. And not only they were thus punished/ but also their bastards/ that came of such forbidden marriages, which in Hebrew be called Manzer, were forbidden the temple. for the jews call him Manzer, which is begotten by any of these foresaid filthy couplinge/ & reckon him as a bastard/ and borne of an harlot. All these truly were thought unworthy and unmeet to come in company of the people/ which was gathered to keep and celebrate the feasts and holy days/ or unworthy to have any thing a do/ or any office in the church of our lord/ whereof this thing seemeth to have come up, that now under the gospel, bastards can not be promoted to holy orders. ¶ Therefore saying that god himself here doth plainly pronounce and give sentence, that the Chananes and the Egyptions did defile their land, and spotted it with filthiness/ while that they did contract marriage with their brother's wives, and that he for that cause did greatly abhor them, and did most richtefully take vengeance upon them/ and punished them most sharply/ it can be none other wise, but it must needs follow/ that god hath judged this thing to be shamefully unhonest and of themself/ as they say/ morally evil & nought/ and also against the richtnes of natural law and reason, yea to be abominable and abhorred. For wherefore else would god have punished so greatly and so grievously the Chananeis and the Egyptions for these sins and mischievous deeds? For truly it was never hard, that the transgression of the judicial or ceremonialle precepts, which only were given to the children of Israel/ did at any time so greatly displease god, that he would utterly destroy them therefore. For seeing the judicial & ceremonial laws, have no power nor strength to bind us but only after they were made, truly the same prohibition/ breaking of the which god even among the heathens, yea and that before the law was made/ did so greatly abhor and turn his face from it/ can not be judicial, but plainly moral, as that is agreeing with the very teaching of nature/ and that should be written in every man's heart/ all though in some men it be blotted out with wickedde and naughty manners, and ungracious custom. For else what reason should that be/ and what right or conscience/ to punish for doing that thing/ that is not forbidden by any law? For as god is not wont to punish injustly, and against right, so he is not wont to punish but for transgression of some law. And as for the Egyptions and the Chananeis/ at that time had no law of god written/ but the law of nature, which ought to have been written in their hearts. ¶ But if any body will say here/ that these words, where he calleth them mischievous & abominations, and also these punishments and threats/ which he putteth there/ belong not to the first prohibitions/ whereby we are commanded to avoid marriage with them/ that be of our blood/ but that they ought to be referred to the latter prohibitions: here let him diligently mark & consider the order & process of the xviii. Chapter of the levitical/ and what the law maker intended to do in it, and after what manner he hath divided and parted the order of his whole matter/ and at the last let him compare and set together the foresaid xviii Chapter, with the twenty of the same book/ and there truly he shall perceive/ that the said xviii Chapter of the Levitical/ even throw out/ partly doth move us, partly doth teach us. He moveth his people of the jews to abstain from the most cursed and ungracious manners and customs/ and from such things/ as among them were taken for lawful, and this his intent/ he setteth forth in the beginning of the chapter. And afterward, lest the people/ as yet rude and unlearned/ by cause they knew not the law, should have been ignorant, and not have known/ from what manners and laws they should refrain themself, he took upon him the office of a master: and when he had reckoned up their most ungracious fashions of manners, he teacheth them, from which manners they should abstain/ & streycht after, when he had made an end and performed the office of a teacher, he turneth him back again to the craft and policy of dissuading, and moveth them to abstain from the foresaid crimes/ partly for fear of punishment, partly by the examples of the Cananees and the Egyptians/ of whom he showeth/ that he took great vengeance and punishments, by cause they had spotted and defiled themself/ their land and country, with these ungracious vices. Now if the lawmaker had understand this last end of the chapter, on the latter prohibitions only/ by and by he should have fallen out of his purpose, as though he had forgotten in the last end of the Chapter, what he intended in the beginning. And truly thus he should have done in a manner as uncomely, as if any sorry orator or preacher in the beginning of his oration or sermon would promise/ that he would dissuade men to abstain from all vices, and afterward when he had dehorted and moved the people from one or two vices/ would go his ways leaving the rest/ and so mock and deceive the expectation of the hearers. ¶ And also he shall perceive this/ that here, where as the lawmaker goeth about to dehort the people of the jews to abstain from the things, that were lawful among the heathens, he doth call them cursed abominations/ and so augmenteth and increasseth the grievousness & greatness of them, so that he judgeth every one of the crimes to be sufficient/ to thrust out the Chananeis from their seats & natural country. For as for adultery, or the sin against nature, was never lawful among them, but these incest and beastly marriages. why than should we not think, that the lawmaker did mean on the first prohybitions? and why should not the words of abomination and execration, and likewise the pains & punishments there put, belong as well to them/ as to the latter prohibitions? Certainly in the twenty Chapter/ this is the last prohibition of all/ that we shall not mary our brother's wife. And straight after that followeth: all these things the gentiles and heathens have done/ and therefore I did abhor them, so that it is reasonable & fit for us to believe/ that the lawmaker did mingle and confound together these things a purpose and for the nonce/ doubtless to th'intent that we should perceive & understand/ that they were all together accursed and all worthy of punishment▪ ¶ Furthermore it seemed to the holy fathers, which were chief heeds in the counsel Tolletan, and Agathense/ that these pains and punisshementes should be referred to these, incest, beastly, and unkind marriages. ¶ Finally Isichius/ Rabanus, Rupert/ & william of Paris, following the said Isichius, plainly doth refer and apply those words/ and those penalties to the breaking of this commandment, that a man should not marry his brother's wife. And truly we have brought forth hereto fore/ for witness and confirmation of this sentence, many other proves/ both of holy counsels/ & also of learned men of great authority and credence/ so that it shall be void and superfluous to tarry in this. ¶ Moreover that natural reason doth show and prove, that it is sin and unhonest, to couple ourself to our brother's wife/ even this thing doth easily confirm and prove/ by cause that there was never nation so beastly/ none so without all humanity/ but that they perceived and knew/ that they ought this honour/ duty/ & reverence to their brethren & brothers wives, that they should refrain from their marriages. Many did violate and break this law. For this thing truly is wont to be done, by the fauty and vicious custom of men/ that folk do sacrifice every where to idols/ and slay, and steal/ and commit adultery, and finally wicked sinners tread under their feat all god's laws, and man's, yet for all that/ all these do think surely/ that these things ought not to be done, and thus they think, not taught by man's laws, but by a certain virtue and licht of natural reason, planted and grounded in them. For else how should this be/ that these heathen Poetis, heathen history writers/ and heathen lawemakers, should almost in all their works speak so moche of this kind of Incest, and of the pains and punishments/ with the which all nations were wont to revenge this not to be spoken vice? And who is he/ which hath seen any thing in the writing of the old histories and laws/ but he knoweth, that this manner of incest hath been had in great infamy, reproof, and slander/ and that not in one city or country/ but almost in every place, and among all men, hath been condemped as a certain wickedness against nature. ¶ Abimelech, a good and a just man, after the manner of the law of Nature/ and also greatly lauded and commended of god, did he not think and judge/ that it could not be possible/ that Sara might be both sister & also wife to Abraham? the which Abraham/ when he went about by all means/ that he could, to keep it close/ that Sara was his wife/ he had no stronger reason for him/ than for to say/ that she was his sister. The which answer of Abraham, should in no wise have pleased and contented the Egiptions and Gerarites, if those nations had thought, that the said Sara could have been both his sister and his wife. As if a greek would ask me/ whether I were a married man/ & I should foolishly answer him again, and say, that I am a priest/ where the greek knoweth well enough/ that one and the same self man may be both a priest and a married man, and all at ones. So aristotel a great philosopher, it is an unreasonable thing, saith he, that Socrates did forbid the marriage of them that be of one blood/ for none other cause, but that there should have come to much pleasure of it/ and that it maketh no matter, whether he mary his mother, his daughter/ or his sister. ¶ And a man may here of the histories and the Poetes, what infamy and shame is spoken of Macareus, Caunus, Cydon, Pub. Clodius, whom Cicero accused of incest/ Marcus Antonius' th'emperor, Ptolomeus Euergetes, Cesar Caligula, Commodus the emperor, Ptolomeus Philadelphus'/ brother to Hypermestra, Cambyses king of pierce, and all because they defiled their sisters, by the not to be spoken pleasure & lust of the flesh. Nor truly it is no small infami/ nor can not be lichtly washed out/ wherewith these persons, here following, be noted in the histories. Thereus king of the Thraciens/ because he had to do with his wives sister. Thyestes' by cause he had to do with Europa his brother's wife, and also with his daughter Pelopeia/ & Aufilena/ by cause she had a do with her father's brother, Hypermestra/ because she did by deceit obtain her pleasure of her husbands brother/ and also Flavius Domitian/ Theodorycke the French king. Leucon, and Philippe, brother to Alphons the king of Hyspayne/ those truly because they did corrupt their brother's daughters, and these because they coupled themself with their brother's wives. ¶ And more over the prudence and wisdom of the Emperors hath thought, that the natural bond or league will not suffer, that we should suspect or presume any such heavy crime between these persons/ yea & it is provided for also by the sacre laws of the same emperors/ and openly commanded, that no man should marry his brother's wife, or two sisters/ no not all though the marriage be by any means broken & undone/ but that they should all abstain from incest marriages. And lest this ungracious licence and lewd liberty/ should be strengthened by any damnable colour or cloak, it pleased themperors also that all such rescriptes and writs and licences granted by the emperor and that with the advise of his counsel/ & also all manner of other laws & constitutions, should utterly be annulled and taken a way, which hath given licence to certain persons in the time/ when tyranny reigned, that such ungracious mynglinge should have the name of matrimoni/ and that it should be leeful to couple ourself by most foulest meddling or coupling that can be, to our brother's daughter, or our sister's daughter/ or her/ which had dwelled with our brother in time passed under the rycht & title of marriage. ¶ And that the lawemakers have evermore taught & judged to be most shameful and abominable, that any man should marry himself to his brother's wife/ it is evident and plain by this reason, because all heathens/ every one after the custom and manner/ did with diverse & sore punishments execute the law of these incest and filthy marriages/ sometime burying such unchaste women quick, sometime giving them liberty to choose their death/ and as for the corrupters of them, some all their goods were confyscate and escheated/ and they banished/ nor could not be suffered to make any testament/ nor to have their children/ their heirs/ & some commanded to be beaten to death with rods in the comen place, and in the sight of all the people/ And some that their sheldes and arms should be plucked down, and their titylles, and feats to be scraped out/ And did also decree/ that all mention, remembrance/ & memorial of them/ should be fordone. ¶ But truly it should be infinite and an endless labour, to reckon up all the incest persons/ or the pains given them by the law, the infamy, common hatred, and slander, which they were in/ not in one or two cities or nations, but every where, as far as the world is wide/ which did not refrain themself from this kind of incest. ¶ Furthermore that to marry our cistern/ is forbidden by the law of nature, appeareth plainly by this, that all the most approved doctors of the Church do excuse such marriages by necessity. and what should it have been need to excuse them/ under colour and pretence of necessity/ if it had not been of itself▪ unleeful and evil. ¶ But let us hearken, what Chrysostomus saith, wilt thou know, saith he, by what means it was leeful sometime/ to have our sisters to our wives? How had Cain and Abel, Rasan and Edodam their sister's/ and did not sin? because the scarceness of men and women/ and the necessity/ excused that sin. afterward when the number of men and women was increased, the said evil came into his own nature/ and began to be sin. And at that time it was in use and custom/ that one man mycht lawfully have many wives, but afterward the world once increased and multiplied/ than this jewel also came to his own nature, and began to be sin. ¶ Also saint Hierome doth plainly mean by those words, that were rehearsed before out of him/ that nature doth so greatly abhor such marriage, that it ought not to be named or spoken/ lest that the devout ears be sore offended with so abominable a word. ¶ Also saint Augustyne agreeth to the same. For he saith, when mankind after the first marriage of Adam, which was made of dust/ and Eve his wife, made out his side, could not be increassed without coming together of man and woman/ and there was than neither man nor woman/ but that came of them two: the brethren took their sisters to wife. The which thing the more older that it is/ in so much that it was done at that time only, when necessity drove them to it/ so much the more it was afterward damnable/ when that shame drew them from it. For they had consideration/ as it was most right and convenient, of love and charity, that men/ to whom it was profitable and honest to be in unite and concord: should be knit and joined together by sundry degrees of kindred, and that one man or woman to an other should not have many degrees, but with sundry and divers degrees should be departed among sundry and divers persons: and every person to have but one degree to an other person: but at that time there was not wherewith these things micht be brought to pass, saying that of these twain, Adam and Eve/ theridamas were no men nor women, but all brethren and cistern. Therefore at that time, that thing ought to be done, when it was possible to be done: that when there was plenty of women/ men should take such wives, as were not their sisters. At which time there was not only no necessity to do it/ but also if it were done/ it should be a sin not to be spoken. The which thing we see was so well observed, even among heathens and idolaters and wicked worshippers of many and false gods/ after that mankind was once increased and multiplied/ that all though it was suffered by naughty and corrupt laws/ to mary with our brother's wives, yet for all that, the custom among them was moche better/ whereby they were brought to this, that they would in no wise use this licence, but utterly did abhor the dispensation of the law, and so held against it, as though it could never have been lawful. ¶ Therefore saying that these so holy and devout men do call those laws corrupt and naughty, which suffer, that brethren and systerne should marry together, and syenge they affirm, that these/ which worship false gods/ did never use such marriages, bud did abhor the same licence and dispensation of the law, finally/ seeing that they say/ that it was not leeful for the first men and women/ but only because of necessity/ truly it is plain, that such manner of marriages were not of their own nature laufulle/ even at that time/ when they were not yet forbidden by Moses law. ¶ The which thing also in an other place saint Augustine doth witness: For, saith he, Abraham did live in the world at that time/ in the which self same time it was not lawful for brethren & cistern to marry together, whether they had both one father and mother or divers. ¶ Also Isichius upon the Levitical saith, It was thought tolerable of many, that brothers and sisters might mary together/ by cause Abraham said of Sara/ she is my sister by my father's side/ and not of my mother's side. The which utterly is not, as men think the history is. For Moses rekenning up all those/ that were begot of There, Abraham's father, maketh no mention at all of Sara. And it so were/ that Abraham did mary his own sister: yet it was before he knew god. Therefore it is sin to couple ourself to our sister by bond of marriage. ¶ wherefore it is clear by this author Isichius, that marriages between brethren and sistern were not leeful before the law, that is to say, in Abraham's time/ which was afore the law of Moses more than. CCCC. thirty. year. ¶ So Methodius and Berosus, which reckoning up the causes of noah's blood, tell both one cause. The one of them saith, it was by cause brethren shamefully had a do with their sisters. The t'other, because cain's children began to abuse their brother's wives by abominable fornication. ¶ But we need not to tarry in rehearsing up the auctors, which make to our purpose in this behalf. Truly if they, which were wrapped in so great darkness/ that they did not perceive/ that they should worship one god, did yet perceive/ that they should not marry their sisters/ but did naturally abhor such marriage/ ever more hated and condemned them/ as cursed, and incest, and not only they/ but also the most holy and most true interpreters of the holy scripture do witness the self same thing to us in their wrytingis, it is as clear as can be/ that these prohibitions were brought in by the law of nature, and that the law of nature and reason, moved by the law and the word of god, doth command and teach us, that such conjunction must be utterly abhorred/ as a wicked sin against nature. ¶ If any man here will say, be it, that we grant, that these things be true/ as touching the marriages of brethren and cistern, yet it is far another manner of reckoning/ as touching our brother's wives. Let him understand/ that he is greatly blinded and deceived. For if it be against the law of nature, that any man should marry his own natural sister, because it is not leeful by the law of nature to discover her foulness, & he, which marrieth his brother's wife/ discovereth the foulness of his brother/ he also shall break the law of nature/ which coupleth unto him by marriage his brother's wife. ¶ Although we have made it plain and evident enough before, yet we shall put to these two reasons, that follow, which shall prove the same as openly as can be, that a man can not marry his brother's wife. first/ because affinity doth as well let marriage/ as doth consanguinity. second, by cause he that so marrieth, doth shame & dishonesty to his father by the means. Of the first if any man do doubt/ he may well understand/ that this thing is very true, and it were but by this reason only, that not all only by the law of god, so many persons be excluded from marriage in the line of affinity/ as be excluded and forbid in the line of consanguinity: but that also the law of the church is compelled to set the bonds of marriage in the lines both of affinity and consanguinity/ in a like distance or degree. And this thing is plain by the authority not only of july and Gregory Pope's/ and also of saint Augustyne, and Isodore, whose sayings be received and approved in the law of the church, but also of Abbate/ and of all those that writ upon the chapter PITATIUM, And the chapter CUM AD MONASTERIUM DE STA. MONA. And the Chapter NON DEBET. DE CONSANG. ET AFFIN. That if there had not been as great cause, why they/ that be of affinity should have been as well forbidden to marry, as they that be of consanguinity, but there had been a greater cause, why they that be of consanguinity should be forbidden/ then they that be of affinity/ truly so wise law makers would have bound these persons of consanguinity, unto a streiter bond of marriage, than persons that be only of affinity/ and not both utterly of like and in one degree. But now/ saying one self same prohibition of the law of god doth contain all persons/ aswell of consanguinity, as of affinity in the first degree, and of the first kind/ and that both by the law of god/ and the law Canon/ we aught to abstain aswell from these persons/ that be of our wives blood, as from them that be of our own blood/ by cause that man & wife be both one flesh & blood/ as witnesseth this saying of god: They shall be two in one flesh: And because that the kindred of both sides/ that is to say, of the man's side/ and the woman's side/ aught to be counted common to them both, truly we should take our brother's wife even as our own natural sister, as touching the ꝓhibition of marriage/ like as our daughter in law ought to be taken of us, even as our own daughter, as saint Augustine saith. ¶ And that the second also is very true/ it is very evident & plain. For he that marrieth his brother's wife/ taketh his father's flesh & blood to marriage. The which thing plainly is against the law of nature. For seeing the husband & the wife be one flesh & blood: truly he/ that taketh his brother's wife, taketh also the flesh and blood of his brother/ & as for our brother is the flesh & blood of our father & mother, & that more nearer unto them, than any of both their sister's/ because he is their own son. Therefore if it be forbidden by the law of god/ & also by the law of nature to marry our father's sister, or our mother's sister/ or else the wife of our father's brother/ or mother's brother/ whose wives be but of affinity to us, & that only in the second degree: truly moche more it should be against nature, to marry our brother's widow. For the nearer that they come to the stock, & to be one flesh & blood, the more they ought to be forbid. But our brother is more nearer unto our father, as it is above said, then is either of our uncles or aunts. ¶ And here be proves enough/ by the which we have showed, as it becomed us, that these levitical prohibitions'/ that we should not mary our brother's wife. etc. come of natural reason. ¶ Now there remaineth, to show/ how the same be touched us by the said natural reason/ according to the rules and teaching of general justice or virtue, for to form and order the manners of men. And this we did prove partly before/ and now we shall speak of this same matter more largely. For the rule of common justice or virtue doth teach us though things only, which in the manners of all men universally be good/ evil, rychte, crooked, just, unjust/ and such as ought to be followed or avoided/ even of themself and for the obtaining of everlasting bliss. And truly there is no man, but saith, that though things/ which be forbid in the Levitical laws/ be such things. For first they pertain and serve to fashion and order men's manners. For here truly we call the MANNERS of men, the outward deeds of men, and also the inward affections and disposytions of the mind/ what so ever they be, that come of moral virtue/ the which who so ever doth keep and perform/ it shall be said/ that he liveth well/ and doth well/ and he shallbe called verily and truly a good man. Now as for these Levyticall laws/ do not only belong to chastity/ but also to PIETY, by the which, as Cicero defineth/ we be taught to do our duty and diligent honour and service to our country, to our parent's/ and to them of our blood/ and utterly to all men, all that right and reason will we shall do. This thing the first law of marriage declareth plainly enough, which is this, THIS BONE now is of my bones/ and this flesh and blood of my flesh and blood: For the which thing a man shall leave his father and his mother/ and shall stick to his wife. The which saying all be it other men draw it to the dwelling together of man and wife, and other to the love that ought to be between them/ to us it seemeth/ that these two things were chiefly commanded us in this law. first that the husband should evermore/ with out any departing, stick to his wife, second, that no son should marry with his mother, nor no daughter with her father. But for this thing, that is to say, because the strength and power of marriage is such, that it glueth fast together with straight and most holy bond the man and the woman, and doth make of them/ that be two several and distinct persons/ one body and one flesh? therefore shall man leave his father & his mother, & shall stick to his wife/ that is to say/ man shall abstain from the marriages of father and mother/ nor shall not disclose their foulness, nor shame them, against the holiness and chastity of marriage, and against natural honest and shamefacidnesse, and against reverence, which by nature is due unto them. For saying that those persons be joined most nigh unto us/ long sins/ by the bond of blood and consanguinity/ to whom also nature teacheth us, that we should owe other love/ shamfacydnes, and reverence/ be side the love and reverence of marriage, truly if they should join themself to us by marriage/ both the cause/ why marriage was ordained/ should lack the chief and best end/ nor should not take effect, and shamefacydnes, honour, and reverence natural should be violate and broken, contrary to all comeliness and goodly behaviour. ¶ And that this was the very reason, and intent of the levitical prohibitions/ this thing plainly declareth. For god/ did put to the cause of the forbyddyngiss after them/ which is this. For it is the foulness or shame of the father, & it is the foulness & shame of the brother/ & so forth: so that if one would ask, why it is not lawful for us to marry our stepmother, to discover her foulness/ there it is answered, For her foulness is the father's foulness, which is one body and one flesh with the father. And if a man would demand again/ why it is not lawful to discover the foulness of thy father, the answer is by cause he is nieste of blood to thee, to whom thou must before all other do honour & reverence/ & contrary to do him shame & villainy/ it is an unlovinge and not to be spoken deed. And plainly so did Sem & japhet judge/ which taught by the prescripts of nature/ before any law was written/ covered themself with a cloak, & going backward did hide and cover their father's privities/ by cause they would not see their fathers privy members. And so doing they had their father's blessing, and Cam had his curse. On this manner ought the prohibitions, that we should not marry our brother's wife. etc. to be weighed and examined. For saying our brother's wife is one flesh and blood with her husband, and he likewise one flesh and blood with his brother, it followeth well/ that the brother and the brother's wife, be not two but one flesh and blood, and so consequently, that they can not be joined together by marriage, seeing that it is necessary before they marry, that they be divers flesh and blood, and so by marriage/ be no longer two bodies/ but be made one flesh and blood. ¶ For matrimony is forbidden between persons of consanguinity and affinity/ because that between these persons there is a certain natural amity and friendship/ made by the institution of nature, which doth not need the help of marriage to strength it, but those persons ought to be coupled to strangers and nothing of blood to them/ to increase amity/ love/ and charity, which is increassed by marrying of strangers together. By cause that these persons, which before were not bound together one to the other, by any special bond, should now be made friends and lovers by the richtes and laws of marriage/ in the which friendship and love standeth the fast knitting together of hartis and minds/ and unity of wills. And likewise as there needeth no marriage between them that be of consanguinity and affinity to make love and charity, and to be of one will & mind/ no more there needeth no marriage for to make them of one flesh and blood. But those persons must be coupled by marriage to them, that be strangers and nothing of their blood to make more persons of one flesh and one blood, that by this mean they/ which before were not bound one to an other naturally by any bond of carnal conjunction, now by marriage should be made one flesh and one blood/ by the which marriage diverse persons be joined together and made one body. For by carnal copulation the man and the woman be made one body, and by marriage they, the which were twain before, be now no more twain but one flesh and blood. The which reason also our saviour Christ in his godspell/ doth not abrogate nor take a way/ but reneweth it/ saying: Therefore now they be no more twain/ but one flesh and blood. By the which words it is evident and plain enough, that the law in the book of Genesis/ wherein it is said, THAT a man should leave his father and mother and stick to his wife, doth not seem to be put as a rule of grant and licence to marry in all other degrees/ only the father and mother except, but that it should rather teach us/ that the unite of flesh and blood/ between man and wife ought to be indissoluble and never to be broken. And that the same unite of flesh and blood/ saying that it is among the parents and the children, between whom also is naturally unite of persons, and that they be naturally as it were one self same person, it doth let marriage between them specially and generally be between all other, that be forbidden. ¶ And this forbidding of marriage/ by the means of UNITY of the flesh and blood/ if we will know how far it extendith/ we must look for it in the levitical law. For all though/ as Dunse writeth, even after the multiplication or increase of mankind, if they had persevered and abidden in their innocency and goodness/ god would have forbidden other degrees beside the first, (For truly there is nothing almost so necessary to men/ as to know the natural laws of marrying) yet for all that god hath in no place, in the old Testament/ expressed those degrees so plainly/ and showed how far their bonds do extend, and what persons nature abhorreth to be married together, as he hath done in the levitical. ¶ And now to return back to our purpose/ where as we left. Truly if it be a point of chastity, and a point of natural love, not to discover the dishonesty of thy brother's wife, and if these Levitical laws command the to do them this duty, this honour/ and this reverence/ and to restrain thy lust and desire of incest pleasure, from them/ and to abstain and keep back thy hands from so filthy and abominable a deed: Finally if the same prohibitions be greatly profitable to increase and enlarge love and charity between christian men, which love and charity by this thing chief doth increase, if there be made frendeshipe among them, which be not coupled before by none other natural bond of love: plainly we must needs confess and grant/ that those Levitical laws be fit and convenient to form and order men's manners/ and that they do agree with the teaching of common justice, or honesty and virtue/ and that they belong to the deeds and duties of the moral virtues. For they truly forbid thee/ that thou discover not the foulness and dishonesty of thy brother's wife/ for the which thing our lord reproveth and damneth both the Chananeis/ and also the Egyptions. wherefore if thou discover it/ streicht thou haste broken the rule and the order of virtue. And the law of nature, and natural reason, as soon as they be illychtenedde with the law of god/ they shall cry out against thee/ and thou must needs be called plainly an evil an & unreverent man to thy kin/ and an incest person. For who will deny, but that piete and chastity, and holy keeping of marriage/ cleanness, shamfacidnes of nature, shame/ reverence toward our kinsfolk/ and spreading abroad of love and charity/ be contained under the rule of common justice or virtue? The which virtues all/ no doubt, were the cause, why these prohibitions were ordained, and they be the things/ that of themself be honest/ & are to be beloved and desired for themself, and do promote and help a man to the obtaining of the eternal bliss. All be it truly there be many other moral reasons or virtuous & honest causes/ which a man may gether/ partly of the very nature and qualities of the dignity or worthiness of marriage, of subduing or repressing of bodily pleasure/ and partly of comeliness/ and partly of other circumstances/ which were the cause/ without doubt/ why these prohibitions were ordained. And seeing the causes/ why these things should be forbidden, be so honest and necessary: truly the forboddes and laws themself must needs also be honest and necessary. ¶ But it passeth man's capacity to enter over far in to the counsels of god, beginner For seeing love and charity is the mark/ perfection, and end of all the hole law of the gospel/ and the law of the gospel is the law of love and charity: and saying that Christ took most thought and care for this thing/ to increase among us love and charity: and again seeing that he himself did command us/ that our justice and goodness should pass the justice of the Scribes and Phariseis, And be such justice as a pure just man ought to have/ and our chastity likewise: Plainly if Christ would have except us from the bonds of these most holy laws/ so that they should have no power in these days upon christian men, where as we can not deny, but they have had power & strength among the jews in time passed: forsooth beside many other absurd and unreasonable things, these two chieffly should follow. The one/ that the old law, and Moses, the author thereof, should be far more perfect than christ/ & his new law. The t'other/ that christ himself should seem to have given more large and free liberty to filthy lust and pleasure even unto us/ which be christian men & spiritual people/ and that live by the spirit of Christ/ and by the holy ghost, than he did give before time to the carnal jues. The which two things, it is evident & plain, that they be most absurd, and as much against all reason as can be. ¶ For Moses never ordained nothing/ that doth lead a man immediately & streicht to any virtue or moral perfection, but the same thing is also commanded or else confirmed in the law of the gospel, by Christ himself, other by express words, or else so, that it might be understand. And all that ever do expone this place of Matthew, where he saith, I am not come to break the law/ but to fulfil it, do show this thing as evidently as can be: For all they, with one voice/ and with one spirit or mind/ do agree to this thing/ that as Christ did take awei none of those laws/ that were but signs or tokens/ or shadows of things to come, but rather did fulfil them, and that by iii means: first because he did finish and end the figures of the old law: second/ because he did perform them in deed: third because he declared, what they meaned: Even likewise he did fulfil all the moral precepts/ both as touching the perfect knowledge and understanding of virtue & goodness, which he had and also taught it us: and again as touching the execution and doing according to the same knowledge: and more over as touching the relief and remedy, whereby he saved mankind from everlasting damnation after the fall of Adam, or else, as Duns saith, in other words/ christ did not take a weigh the moral law of Moses, but only did declare it more plainly than the jews did understand it/ and did make & add to more perfect remedies for our salvation then Moses. ¶ For thus saith saint Augustine, By cause, saith he, the jews understood manslaughter/ to be nothing, but only the slaying of a man's body, whereby he should lose his life, & because they thought & understood, that adultery or fornication was only the unleeful bodily copulation with a woman/ christ opened & taught/ that all and every ill motion, purpose/ will, or consent to do our brother harm, is counted for a kind of manslaughter, and that every unleeful desire to bodily pleasure is fornication & adultery. again/ THESE PROUDLY folk/ which justify themself/ and in their own conceit think themself good, the law hath got them in her bonds and danger/ by their guilt and fault of transgression or breaking the law, and so the law increasseth their sin/ in that it biddeth them to do that/ which they be not of power to fulfil/ and therefore the justice or goodness, that the law doth teach us/ is fulfilled and performed by the spirit of Christ. And because truly it is hard even for them, that be under the grace of god/ and be ruled by the grace of god to fulfil and utterly to keep this, that is written in the law: Thou shalt not desire: Christ became the sacre priest/ & by the sacrifice or offering up his body doth get us pardon/ remission/ and forgiveness of our sins/ and so he doth fulfil the law in this point for us/ so that that thing/ which we be not able to do ourselves, because of our infirmity and weakness, is recovered & made up by the perfect goodness of him, which is our heed/ and all we christian folk members to the same heed. For the hole church of Christ or all christian people make one body, whereof Christ is heed. ¶ To the which sentence agreeth also saint Ireneus/ Our lord, saith he, did not fordo the natural precepts of the law/ by the which a man is justified & made good/ the which law even sins it was given/ all they keep, that were justified by their faith/ and pleased god. Our lord, I say, did not adnul them, but he did extend and enlarge them, ye and fulfilled them/ or made them perfect, as is plain by his own words/ which be these. It was said to the jews in the old laws/ thou shalt not commit adultery/ but I say unto you, that who so ever doth look upon an other man's wife/ with mind and will to meddle with her, hath committed adultery now all ready even in his heart. All these words truly, saith Ireneus, do not contrary nor annul these things, that were written before in the old law, as they which follow Martion say/ but fulfil and make them perfect/ as christ himself saith, Except your iustenes and goodness pass the justice and virtue of the scribes and Phariseis/ you shall not have the king doom of heaven. And wherein, saith Ireneus, should we pass and excel the Scribes and the Phariseis? first truly that we should believe, not only in the father/ but also in his son, which is now manifestly known among us. Moreover that we should not only speak well/ and after the learning of Christ, but also do according to the same, which the scribes and Phariseis did not: which sometime spoke well/ and did not thereafter. Last of all, that we must abstain, not only from ill deeds, but also from the thoughts, wills/ & desires of all evil. And as for these things he taught not as contrary to the law, but put them unto it to fulfil and make it up/ and to root in us the justifications and perfectness of the law. For where as Christ did command us to abstain/ not only from those things/ that were forbidden by the old law, but also from the naughty lusts/ desires/ and will of the same: this thing is not contrari to the law/ as we said before/ nor breaketh not the law/ but fulfilleth and increasseth the law. ¶ Therefore by cause all the natural precepts be common to us and to them/ and we be as well bound unto them/ as they were among them, truly they had their beginning & first springing up/ in us they took their full perfectness. For truly to submit ourself unto god, to follow his word and commandment, and above all things to love him/ and to abstain from all evil doing/ and all other like things, which be common both to them and to us/ show and witness, that both they and we have one self same god, which as he did first begin such laws, so he did never after adnul them/ but did fulfil and make them more perfect/ and did increase, and enlarge them among us christians and faithfuls. ¶ And to this purpose writeth saint Augustyne also. Certainly, saith he, no man should doubt/ but that the old law of god/ which hath touched us such things, as belong to virtue and to good manners, is as necessary for us now to lead and instruct our life withal/ as it was at that time to the people of the jues. For who will say, that that commandment, which is written in the old law: That who so ever hath found any thing/ he must restore it unto him/ which hath lost it, and many other like, by the which we learn to live lovingly and virtuously, do not belong unto us, that be christian men, and specially the ten commandmentes, which are contained in the two tables of stone. For who is so wicked/ to say, that he ne will keep the commandments of the old law, because he is a christian man/ and therefore is not under the law, but free and under grace? ¶ To the which thing agreeth Marcus Marulus Euangelistarius, saying, That what so ever is in the law, that belongeth to the instruction and ordering of our life and of our manners, aught as well to be observed among us, that be now new men in Christ, as it was among the jews and the old men, that were in time passed, and that we ought to make it commune with the godspel/ and to take it as a part of the godspell/ and that of the moral precepts, both of the new testament and the old/ we ought to say as David saith: The words of god be tried & pure words. ¶ Nor truly it is not with out marvelous great reason, why that moral precepts of the old law should still yet endure, & should bind christian men to keep them. ¶ For as saint Thomas saith, Every man/ as soon as he is lightened by the law of god/ hath a certain natural motion or inclination planted in him, for this purpose/ that he may do according to virtue. for every thing naturally is inclined to do that work/ which is agreeable with the proper nature of it: as fire to heat. Now man's soul/ following reason/ is the chief part of the nature of man/ which lichtened with the word of god, teacheth, that we should do though things only/ which of their own selves be good & virtuous. For truly every man's own reason, lichtned by the word of god, doth naturally teach him/ that he should live virtuously and honestly: And plainly/ saying that all moral precepts in the old testament do nothing, but command virtuous deeds/ by the which the soul of man may order itself well, as it ought to do, not only to god, but to his neihgbour alhso: terfore Christ did not adnulle any of these precepts by his coming. For even as the grace and favour of god/ doth presuppose our nature, yea maketh it full & perfect/ so truly the godspel did never break and adnulle the natural laws/ but did stablish and make them perfect/ and brought them again to their first perfectness of nature, in so much that what so ever moral precepts of the old law, do agree with the law of nature, which Paul saith, is written in our hearts, do evermore endure and remain in their power and authority, nor no christian man is free and lose from them, but all persons/ as concerning the plain understanding of them, of necessity be subject and bound unto them/ although they had never be ordained by no man's law. For all the laws of the old testament/ which so ever agree with the law of Nature and with virtue, nor do not only withdraw the hand and body/ but also the mind and will of man/ why should they not be received among christian men? ¶ For god forbidden/ that any christian man should contract such marriages/ which, as saint Augustyne writeth before/ even the cruel heathens and barbarous people, without all civility hath for very honesties sake, evermore abhorred. The which unleeful marriage Christ did so greatly abhor, that he seemed rather to go about to draw back the bonds of marriages to the old and first state of nature when it was create. And for this cause he brought marriage home again to his first beginning/ that one man should have but one wife, and that he should be bound to keep her evermore/ and never to put her away: For because, saith Christ, it was so at the beginning. and he would have made and brought to pass, if the present miserable wretched state of our exile and banysshing would have suffered it, that there should have been no foulness nor filthiness in the works of marriage, and that it should be even so/ as saint Augustine saith, it was in the beginning of the world/ THAT all our marriages should be so clean/ that they micht well become them, that should live in the felicity of Paradise/ both having children, that they should love/ and no filthy pleasure/ that they should be ashamed of. ¶ Furthermore whereto should Christ have antiquate and annulled the Levitical laws/ the which streicht after he would inspire in to the fathers of his first and primitive church/ and would command them to make those laws of new? would christ have exempt us from the law of god/ and that in though things/ which have so evident and plain token of virtue in them, unto the which he would streichte after that we should be bound/ by the decrees of the Church? ¶ And finally/ why did the sacre holy church forbidden us to do those things, but because it judged them/ to be marvelous foul/ unhonest, and unclean▪ But how or whereby may that/ that is clean or honest be discerned and known asunder from that, that is foul and unhonest/ but by the commandments of god? For if the church had forbidden such marriages/ and had judged them foul and unclean, for none other thing/ but by cause they were forbidden in the old testament under the name of ceremonies/ as diversity of meats/ of days/ and of places/ and such like things/ as be forbidden in the old testament, it might be leeful to make an objection/ and to lay against the church that thing, which is said by god unto Peter in the acts of the apostles/ which would not eat of all manner of meats, but did forbear certain meats/ that were forbidden in the old law/ unto whom god saith thus: That thing, which god hath purified and made clean/ call not thou it foul or unclean. ¶ But seeing that the end, the intent/ the pith/ the strength, the reason of these levitical prohibitions do yet remain among christian men/ & be written in heaven/ & evermore endure: truly a christian man/ which doth take upon him more perfect faith, hope, & charity/ than the Jew/ must be moved to keep these forbiddynges only by his faith/ & by the holy ghost, more than the jews by the letter & law. For god forbid/ that the holy bond of love & charity between kinsfolk/ that the fast knot of marriage which in no wise oucht to be undone/ & the working of the lively truth and of reason/ which naturally move a man to goodness, should not be judged as holy, as clean/ as unfilthy, as pure, as chaste, and as well to be observed among christian men/ as they were in time passed among the heathens/ and the jues. And god forbid/ that christian men should change the liberty of the spirit, in to the filthiness of the body. for if they that flee the foul pleasures of the world/ for the knowledge of our saviour jesus christ/ be again entangled and overcome with the same/ they be in worse case now than they were before at the beginning. For it were better for them never to have known the weigh of justice and virtue/ then after that they know it, to turn away again from that thing/ that was given to them by a great and a holy commandment. ¶ Certes if noah's son did not escape unpunished, for discovering the foulness of his father, nor the Egiptions/ nor the Chananeis, for the discovering of their own kinsfolk/ and of them that were nigh of their blood/ for the which deed god, by his godly judgement and sentence/ did spew them out of their land, which were heathens: How shall a christian man avoid the displeasure and vengeance of god, if he commit the same things, that they were punished for. For know you this well/ and take good heed of it, that no fornicator, nor lecher, nor filthy person/ shall have heritage in the kingdom of Christ and god. ¶ Nor truly it needeth not, that our adversaries should demand of us/ why Christ did not make express mention of the levitical laws in the godspell, if he would have had them lived and endured among us still after the synagogue or old law was deed. For truly he did not make express mention of them, by cause he had commanded long before, that they should ever to come continue/ and never fail/ seeing that he doth abhor such filthy marriages/ and curseth them not only among the jews, but also among the heathins/ meaning/ that he will much more abhor them, if they be a 'mong christian men. ¶ And because he did command plainly in the gospel/ that the justice and goodness of us, that be christians/ should pass the justice of the Scribes and the Pharyseis/ where in a general rule that we/ which be called christian men, should not be worse in any thing then the carnal people, but that we should be better than they in all points. ¶ Nor we must not think/ that no thing is forbid by the law of god/ but that/ which is expresli and plainly set out in the gospel. For the apostles write and publish many things, which they took of the very mouth of christ/ and yet they be not written in the book of the new testament. ¶ And the catholic and universal church hath approved many things for god's laws/ of the which there is never a word spoken in the new testament, as is this/ That confession in no case ought not to be disclosed, and such other things. For so doth Dunse also prove/ that the secret confession in the ear is of the law of god, not by cause it is written in the new testament/ but by cause it can not be showed/ when it was first begun. Plainly it is heresy to affirm, that there is nothing god's law, but that, which a man may point unto with his finger in the new testament. For by this means the sacraments should be taken a weigh, & should be received only by the constitution of man. Nor truly there is no mention made in the new testament of the forbidding of marriage between the father in law and the daughter in law, which thing nevertheless to be forbidden by the law of god/ saint Hierome doth testify. ¶ And also if our adversaries will stick and hold them to this, than let us occupy usury/ and let us give money by exchange/ and require it again with usury, let us also have many wives/ and let us couple ourself with all manner of beasts/ nor let us not pay the tithes of all our fruits to the priests/ nor let us not confess our sins to them/ nor let us not go to them/ when so ever there is any doubt between blood and blood/ between lepri and no lepri. For there is none of these expressly commanded or forbidden in the godspel, or in the writing of the apostles/ but for to bind us to the keeping of them, be cited and alleged the writings of the Prophets. ¶ But this thing did lychtly deceive them/ that be against the liberty and freedom/ which we have by the gospel, because they did not know the difference between the new testament and the old/ the gospel and the law, Christ and Moses: which if they had known very well, they should not have been so foul deceived and blinded in this matter. And contrary because they did not discuss them, and seek them out to the uttermost/ nor did ponder and way them so diligently as they should have done/ we se/ that by this means they were brought in to this error/ that they thought/ that every thing, which is not expressly forbidden in the new testament, is lawful for christian men to do. By the which error, we do think/ that the same man of corinth was deceived/ which married his stepmother. For saying that he hard the liberty of the godspell/ by the which we were made free from the law of Moses/ greatly commended and praised of the apostles/ and knew that it was forbidden by no law of the godspell/ to mary whom so ever he would, streychte he, abusing the said liberty, did against the levitical law/ marry his father's wife. But he was most rychtfully condemned of Paul/ not only because he had broken Moses law/ which forbiddeth it, but because he was disobedient to the honesty of nature/ which natural honesty the godspell hath ever approved. and it should be such a pestilent example of a most lewd liberty among christian men/ as even among the hethins/ because of the reverence of nature, could in no wise be suffered to be done. ¶ AND TRVELY HITHERTO, most gentle reder, we have searched out the holy secrecy of the scripture of god, devoutly and reverently, for this intent only, with pain and labour to seek out and to maintain the truth, and such arguments and reasons/ as seemed after our judgement to make most for this matter, we have soucht them out of the definition and very substance and nature of those things, that we treat upon, whereby thou mayst plainly perceive/ most gentle reader/ that these levitical laws/ which forbid/ that we should marry our brother's wife/ be the laws of god. And more over laws moral/ longing to virtue and good manners/ and not judicial. And this is no doubt/ seeing that they have in them natural reason/ fetched from the beginning of the world, even out of the secret ordinances of nature. For we have proved by the authority of god/ or of holy scripture, that as it was ordained of the most best mind, which is god/ even so it was ordained upon the most best reason and consideration: that is/ only for a zeal of chastity/ of natural shamfacidnes/ and other virtues/ that no man should mary his brother's wife. we have showed how against nature/ how filthy and abominable it is/ and utterly unmeet for a christian man/ to contract marriages in that degree. we have showed how greatly contrary it is to the order of love/ and of the reverence, that should be between kinsfolk/ and what a confusion it should cause of names of kindred, & how much it is again the increase of love & charity: we have showed/ that holy & devout christian ears/ do abhor it/ and can not suffer to here it spoken: we have showed/ that beside the great punisshmentes and vengeance, that god taketh on men in this life, that also the punishment of the everlasting fire of hell abideth them/ which be not afraid to commit this sin. By the which reasons without doubt it is evident and plain, that these levitical prohibitions be the laws of god/ and moral/ because they command those things to be done/ that be honest / and forbid though things, that be foul and inhoneste, and such things, as the natural reason of man cleared by the lychte and brightness of the word of god/ showeth/ that they ought to be done/ or not done, according to the rule of general justice/ otherwise calledde virtue and honesty, and so they be of strength and authority to bind man to keep them, even by the instruction of reason/ so illychtned and restored/ and that, though they were never commanded by none other law. ❧ The seventh Chapter. Now seeing that the common consent of all writers/ and expouners of man's law and god's law, specially those that be approved by the judgement of the church/ hath steadfastly holden and obtained, as a thing to be taken for a truth, that all the moral precepts of god's law, do yet endure sacre and holy/ and by the law of god do bind us so straightly/ and of such necessity, that they be not under the power of the church/ and that no person, under god himself, can release the straight bond of them/ and loose from them/ whom it pleaseth him: Truly it is evident, that no pope can by any dispensation give licence/ that a man should marry her/ that was his brother's wife: the which, as we have showed you before, is forbidden/ and that the prohibition is both the law of god/ and the law moral grounded upon honesty and virtue. But because that this our conclusion may stand yet the more steadfastly against all cavillations/ false accusations, and unrichtfull out cries and slanders of all persons/ we will assay to declare & stablish these things more largely/ both by other reasons/ and by other sayings of auctors. In the which thing we be all most overcome with the multitude and great numbered of them/ so that scant we can tell, where we shall first begin. ¶ But let this be the first/ That all precepts/ which be commanded by the law of god/ & the law moral/ do bind us to do them/ so that without remedy we must needs keep them, if we will be saved. For such commandements do so express and declare the mind of god, our lawmaker, and be so grounded upon the precise rule and teaching of common justice (which rule of common justice or virtue came of the will of god/ that is most just/ and most best, to form and order universally the manners and life of man) and finally have so moche of the nature of very true virtue in them, that there can chance no case, nor no reasonable cause be imagined, but that if we do contrary to them/ streicht way we do contrary to the will and pleasure of god/ which specially regardeth the common health and salvation of all/ and do pervert and turn up set down the order of very right and honesti, destrue all the nature and course of virtue/ and finally it can not be chosen, but that we must fall foully and wretchedly into shamefulll vice and sin. In so much that what so ever pope will go about to dispense with the bond of them, he truly shall do nothing else/ but pervert the order of justice, or virtue/ and break the course of virtue, and give lewd liberty to sin/ that is, to abuse his authority and power to destruction/ not to building and setting up/ contrari to the saying and mind of thapostol. For thus using his power, he should destroy virtue/ and set up vice. For what licence can be given? or what recompense can there be, for this, that a man might have liberty to sin/ and not to keep himself from vice? what pardon or dispensation can there be, that god should not be worshipped/ and it to be no sin? what cloak or colour can be found, that a man mychte commit adultery, but that the self same colour should turn up so down all virtue/ and public justice? what power may make it lawful for us to murder and steal, these things keeping their names/ and their natures of murdering and stealing? ¶ Now then saying that nothing can pertain more to the ten commandmentes, nor more strongly move the judgement of the right reason, then can natural reverence/ the holiness of chastity, the increase of love and charity/ the holy keeping of marriage/ shamefacydnes and love toward them, that be of our blood and our affinity/ and finally all other virtues, which as we showed sufficiently before/ were the cause/ that these prohibitions were made/ we aught to believe, that with them truly the pope can in no wise dispense. And this thing is easy to see/ because that the reason of these Levitical laws is such/ that in no case it can not be dissevered from them, by cause the reason is grounded upon such natural virtue and honesty/ which must never be left undone. yea and seeing that now there is such multitude both of mankind and womankind/ there can be no case imagined for the breaking of those prohibitions, which for any profit or need/ should do so much good, as is the goodness/ that cometh by keeping of the same. ¶ yea and more over/ many witnesses of scripture do evidently prove, that in these things/ which be commanded by the moral law of god, we should ever do and teach that, that is commanded: having no regard of slander or of necessity. among the which be these places chief, HE that loseth any of these least commandments/ shall be called the least in the kingdom of heaven. Again this. IF thou haste brought thy offering up even unto the altar/ and there dost remember, that thy brother hath any thing against thee▪ leave thy offering there, and go thy ways/ and first reconcile thyself to thy brother/ and be at a grement and accord with him and then come and offer up thine offering. Also this place, LET the dead bury the dead. again/ IF you knew what this is that god saith, I WILL have piete/ mercy and compassion, love and charity/ and not sacrifice, you would never have condemned the innocentes or the faultless. Iten, WHERE fore do you break the commandment of god/ for your laws traditions and teachings. Iten, COME behind me Satanas. for thou savourest the things, that be of man & not of god. Item, SCRIPTURE may not be loosed or dispensed with. Item, THE prophetical scripture belongeth not to the interpretation of man, and such like. Of the which placis it is evident & plain, that no service or obedience, no sacrifice nor offering/ no work/ be it never so good to our sight and fantasy/ nor no tradition or ordinance of man/ is acceptable to god/ if that it withdraw us by any manner of thing/ from the observation and keeping of the commandments of god/ and the moral precepts/ as these levitical prohibitions be. ¶ And these things saint Cyprian also/ proveth/ and confirmeth/ beside those authors, that we have rehearsed before. For he saith, it is necessary, that in all our works we be subject and obedient to the commandements of god, nor no man for favour or respect to any person in such things may grant any pardon/ where as the law of god commandeth the contrary. ¶ Also Basilius proveth the same. Because, saith he, that among all causes, that chance among us/ whether they be in words or in deeds, some be distinctly determined in holy scripture, by the word of god, some be passed over and not spoken of at all: As for those, which be written in scripture/ there is no licence at all granted to any man, either to do that, that is forbidden, or to leave that undone/ which is commanded. For our lord himself hath given this commandment, and saith under this wise/ AND keep thou this word/ which I command the this day. Thou shalt neither put any thing to it/ nor thou shalt not take any thing from it. yea and moreover there shallbe a terrible expectation of the day of judgement/ and of the fire/ that shall come from heaven, which shall consume all them/ which have been so bold to do any such thing. ¶ And the said Basilius in another place saith, That he, which is a pnsident/ & a spiritual ruler oucht to be as a minister of Christ/ & a distributor & almosynar of the misteres of god/ & to fere lest he should other speak or command any thing beside the will of god/ and beside that/ which is evidently commanded in holy scripture, lest he should be found as a false witness of christ/ or a thief of sacre holy things, other bringing in any thing/ which is strange unto the doctrine of god/ or else leaving out some of those things/ which be to the pleasure of god. ¶ Also saint Ambrose maketh to this purpose, for he, expouninge, in the three of Genesis/ the answer of Eve, saith thus. The process of all this present lesson teacheth us/ that we ought neither to take away any thing from the commandments of god, nor yet to put more unto them. For if saint Iohn gave this judgement of his own writings, saying thus, IF any man shall add unto them/ god shall cast unto him those plagues and vengeances, which be written in his book of revelations: and who so ever shall take away any thing from the words of this prophecy/ god shall wipe his part clean out of the book of life: How moche more must we be ware, that we take away nothing from the commandments of god/ nor put nothing to them? ¶ Also saint barnard maketh for this purpose. I understand, saith he, that thing to be so necessary/ that it can not be broken, not that, which is ordained by man/ but by god/ and can not be changed in any case/ except it be by god/ which made it. ¶ And a little after/ in the same book/ the said saint Barnard saith, That he, which is of less power, can not dispense in those things/ which be ordained by him/ that is of greater power. ¶ And also pope Fabian maketh for this purpose. He truly, saith Fabian, that dreadeth god, doth not consent in any wise/ to do any thing contrary to the godspell, contrary to the apostles/ contrary to the Prophets, or contrary to the ordinances of holy fathers. ¶ Also in this thing agreeth Isodore, and saith: If that he, which hath rule, do himself, or command any other to do/ any thing/ that is forbidden of god/ or else if he do leave undone, or bid any man leave undone that, which god hath commanded: the saying of the holy apostle saint Paul must be rehearsed unto him, YEA if we our own self/ saith saint Paul/ or an angel of heaven do teach you any otherwise/ than we have touched/ cursed be he: And if any man do forbidden you that, which should do against god/ obeying the judge/ when he commandeth: moche more than should he do against god, following only the dispensation and licence of the judge. ¶ Saint Thomas also is of the same opinion. for he in many places of his works, which partli we have afore rehearsed, doth plainly show/ that the prohibition of marriage/ as concerning degrees of consanguinity and affinity/ which be expressed in the old law, do belong to the natural and moral precepts. And that the pope can in no case dispense with those things/ which belong to the natural law/ and to the law of god. ¶ with saint Thomas agreeth Alexander de Hales, Dunse, Richard de Media villa, Durandus, Albertus magnus, Franciscus Maro, Gerson, Gabriel Biel, Herueus, jacob Almain, Barnardus de Trilla, Antoninus Florentinus/ and many other beside these/ which plainly do say, and hold stiffly/ that it can not be proved by no good right/ that the pope can in any case dispense with any of those prohibitions/ that be made by the law of god and by the law of nature. For they say, that it is not reasonable, that they/ which be of like power/ should have power one over tother/ than it should be much against reason/ that the inferior should lose or dispense with that the superior hath bound: or bind men to that thing, which the superior hath not bound men unto. ¶ FURTHERMORE beside these reasons of natural honesty/ shame, and reverence/ which we have showed afore, an other cause of this levitical prohibition, That a man should not marry his brother's wife/ is the will of god, which is the very and true justice. For god will not this thing or any other, because it is just and right, but therefore it is just and right/ because god willeth it/ as saint Augustyne saith. Therefore seeing that from this deed, neither the illness of it can be taken away/ nor any goodness put unto it by any other manner of means/ but that the mind and will of the lawmaker must be changed: truly there can none dispense with such law/ but he that shallbe able to change also the will and mind of the lawmaker. For the dispensation causeth, that he, with whom we dispense/ is not bound to that thing/ to the which before it appeared/ that he was bound by the words of the law. But no pope of Rome can change the will of god. For he/ seeing he is Christis vicar, oucht to follow christ/ & to do as Christ did, and not to contrary him in any thing, nor in any thing to serve from his doing: and Christ neither did nothing, nor said nothing/ but only that he had taken of his father/ nor broke nothing of them/ which his father commanded and would have done. And seeing that the pope hath taken of Christ/ sheep and lambs to feed with the learning of the church, or of the gospel, and is only made a minister and Almoysnar or dispenser by Christ of the sacraments/ which be ordained of god and Christ, Finally saying our lord did command him to teach all men to keep all manner of things, what so ever he had commanded them: god forbid, that the Pope of Rome should think it leeful for him to change the will of god, and that he had power to couple those persons together by marriage, whom the law of nature & of Moses/ whereof god himself is the auctor, hath forbidden to be coupled together. For if he should do it, plainly he should not be that blessed and faithful almosynar and dispenser of the word of god, giving in time measure of corn/ by the which men's spirits should be refreshed, and their souls should live, but he should rather be a wretched unhappy waster and a spender, that shall be cast out in to extreme darkness/ and should be the envious fellow, which sowed among the good corn/ that is to say/ in the scripture of god plenty of Cockel or Darnel/ and such other weeds/ whereby the souls should wax lean and perish for ever. For Christ himself saith, HE, that hath my commandements/ and keepeth them, that is he, that Loveth me: and he that LOuith me not/ doth not keep my commandements. ¶ Upon the which saying Cyril writeth thus. These things, saith he, hang merucilously well together/ so that the tone must needs follow of the t'other. For if to keep the commandments of god, is to love god, it must needs be/ that to break the commandementꝭ of god/ is to hate god. and seeing that no man can love god, and break the commandements of god: how then by any manner of just and lawful cause may the Pope give licence, that a man should discover the foulness of his brother/ the which deed nature and the laws of god do abhor? except he will run into that most rychtefull condemnation/ which Paul threateneth them/ which do evil things/ that there may come some good of them. ¶ Truly pope Zosimus saith/ That the authority of this seat of Rome can change nothing against the decrees of the holy fathers. ¶ Also pope Leo writeth to Anatholius and saith, that the ordinance of the Nicean counsel could in no case be dispensed withal at any tyme. ¶ And so Isodor, in the book of the counsels, citeth/ that pope Damase saith: Because that such persons may (and that not without reason, saith he) be thought to blaspheme and speak unreverently against the holy ghost/ which constrained by no necessity/ but of their own pleasure/ and of a frowardene/ do take upon them any thing, that is against the holy canons, or else consent willingly to other/ that will do any such thing: Therefore the rule of the holy canons/ which be consecrate by the spirit of god/ and by the reverence and allowing of all the world/ we oucht faithfully to know, and we must handle them diligently, lest that we do break by any means (which god forbid) the statutes and decrees of the holy fathers, without inevitable necessity. ¶ And the self same Pope Damas' would not take upon him to determine the cause of Bonosius the bishop, by cause that the Synod of Capua had committed it be fore to be examined of other judges, plainly showing, that it was not his part to meddle with those matters, in the which the Synod had meddled before. ¶ And finally pope Hilarius would have his decrees confirmed by the counsel. ¶ By all the which reasons it is evident and plain, that even in those laws/ which be only the constitutions and ordinances of the holy fathers, the Pope can not dispense without in evitable necessity/ and such necessity as can not be other wise avoided. Nor truly it is not convenient for a prince or a reuler to desire to abrogate and adnul without consideration & cause/ that thing, that another prince or governor hath ordained with great study and pain, and for weighty causes: how moche less than oucht that to be suffered/ that other the pope himself doth against the law of god, or giveth licence to other men to do it? Specially saying it is not found in no place of god's law, nor yet in the ordinances of the father's/ that any such power is granted to the pope. ¶ For by these words, WHAT so ever he shall lose upon earth, shall be loosed in heaven. And WHAT so ever he shall bind in earth, shall be bound in heaven/ he hath doubtless power given him: not whereby he micht revoke the law of god/ or break and dispense with any part of it: but he hath power to bind men's sins/ and that not generally and in all cases/ but first it must be supposed/ that he useth his Key with such discretion and right judgement, as he ouchte to do. Therefore Christ, before he spoke these foresaid words/ said thus as followeth: I, SHALL give thee, the keys/ that is to say/ I shall give the power to discern and judge lepry/ from no lepry/ and power to let in/ and shut out from the kingdom of heaven, all such as thou haste so judged by rychte. And now, what discretion/ and rychte judgement should this be/ if the Pope would take upon him for to coupul together in marriage, by his dispensation those persons, whom the law of god & of nature doth forbid to come together, saying, GOD hath commanded, that his commandments shoulden be kept to the uttermost point? Truly though in the ordering of those acts/ which of themself be indifferent/ and neither good nor bad/ his Key of power in a manner reuleth more than his Key of learning and science: yet for all that/ in the determination and ordering of thoo things/ that pertain to our believe/ to honesty/ to virtue/ and to good manners/ it is contrary. For in these things his power determineth nothing, but that learning hath determined/ & power here oucht in all cases to be ruled & ordered by learning. For here if power in the least thing that can be, be contrary to the key of Learning, that is the cnowlege of the law of god/ the determination should be nothing worth. For if the Pope would by any manner of power determine any thing other wise than learning, that is the cnowlege of God's law/ would have it be determined, other in our faith, or in good manners: his determination should be utterly nothing worth at all/ yea it should be leeful for every christian man, that knoweth this/ to cry out against it/ and all to be spit & be spew it/ and to reprove and damn it as heretical. For if any power do command the to do any thing, that thou oughtest not to do/ then doubtless contemn and despise that power, as saint Austin saith. For, saith he, take heed of the degrees/ that be in worldly things. For if the Marshal of the host bid us do any thing/ shall we do it/ if it be against the grand captain? Again, if the grand captain bid us do any thing, and the king or Emperor commandeth us to do another/ dost thou doubt/ but that we must obey the commandment of the king or the emperor/ and contemn the commandment of the grand captain? Therefore if the king or the emperor bid one thing/ and god an other, we must obey god, & contemn & not regard neither king nor emperor. Therefore we may not think/ that the Pope's licence in the degrees forbidden by God's law, is just and a richtfull dispensation? but rather an unrichtfull and an unreasonable dissipation/ and mysordering of the laws of god. For truli god doth not allow such marriages, which be against his own law/ nor yet such ouchte not to be called true marriages. For that oucht not to be judged marriage, which is made against the law of god. But when it is one's known/ it must needs be amended, as saint Ambrose saith. ¶ YEA AND beside all this, though we would even grant never so moche, that the pope's have been wont of custom to put to, or to take away from the law of god/ and so to make expositions & restreyntes upon God's law: yet for all that the doctors of the law do think/ that it is leeful for them/ but only in two cases. ¶ One case, when that one law of god is exponed and restrained by an other law of god/ as this commandment, THOU shalt not slay/ is limited and exponed thus/ that it is leeful to slay misdoers. ¶ An other case/ when the pope of a just and a leeful cause, and such as is without sin/ doth put to/ or take away some part/ from the law of god, as to this commandment: IN the mouth or witness of two or three standeth all the proof, the pope for a just cause, useth sometime to put more witness than two or three ¶ But the pope can by none of these two ways expone or restrain this levitical commandment, That a man should not marry his brother's wife. For all though that it was limited and restrained before times of god in the Deuteronomi, yet for all that because afterward the said restraint was taken away of god himself by the coming of Christ: truly the pope can not bring up again now in these days the same restraint. For if the pope now of days could by dispensation cause/ that a man micht marry after the law of the Deuronomis, his brother's wife, which doth die having no issue, for to raise up seed to his brother: without doubt he should make christian men at this day to follow the Jews cerimones & superstitiousness/ which the pope can not do, no more than he can cause that we should keep their sabbat day/ or that there should be circumcision, as saint Gregory saith. After that the grace & favour of almighty god appeared, the commandments of the law/ which were spoken by figure & mystically/ can not be kept, as we have showed you before of the sabbat day/ & of circumcision/ & other figural or mystical laws, as is also that commandment of the Deuteronomis, That we should marry our brother's wife. wherefore if the pope would bring up this now among us christian men/ he could not. For he can by no mean bring up again the customs and ceremonies of the jews/ which were abrogate & clean taken away by the coming of Christ. This saint Paul proveth, saying, IF you be circumcised/ Christ shall ꝓfet you nothing at all/ which did speak against Peter to his face/ because he constrained the gentiles to follow the Jews ceremonies. And also saint Thomas saith/ that when thapostle doth publish the law of god, it is not leeful for the pope to dispense/ as for an example, where the apostle saith, IF you be circumcised/ christ shall profit you nothing, whose saying also joannes de Turre cremata doth follow. Therefore the pope can not restrain this Levitical law in the first case, that is, by cause it is restrained by the Deuteronomis law/ which is but a mystery and a ceremony. ¶ And again in the second case, that is to say, for a cause or consideration the pope can much less dispense in this levitical law/ saying there can be no cause found leeful enough, and that should be without sin/ for the which he may dispense. For to discover the foulness of our brother/ is in the manners of men foul and shameful/ and such couping is called incest: and incest is as grievous a sin as can be. And therefore plainly even as the pope can not dispense, that a man may commit adultery/ or to keep a concubine or leman/ or to have many wives at ones, and in such other like, by cause they be of themself, and by their own nature, evermore ill and nouchty: so neither in this kind of incest marriage, where as is deadly sin after the law of god/ theridamas can be no cause found/ which can excuse that sin. For saying that honesty is cause of this prohibition/ which is the continual companion of marriage, this kind of marriage plainly is to be thoucht so evil in the manners of men, and also so mischievous in example/ that it can not be maintained in no case, neither by man/ nor by angel/ nor by apostle, nor by any apostollyke man. ¶ Nor let not the Pope here lay against us his full power. For we grant/ that the Pope hath in deed a full power, and not yet all thing so full as the word soundeth: so that this full power should be able to do any deed that is possible to be done, or any thing that him lustethe to do/ as though there were no superior. For such power is only meet for Christ, according to that saying of Christ, UNTO me is given all power both in heaven and in earth/ but this power of the Pope is restrained and drawn in/ to though things/ which belong to the pastoral or sheperdly cure of souls. And for ordering of this power/ because the pope is not such one/ that can not sin, nor is not confirmed in grace/ christ hath made his rule of the godspel/ after the which the pope should order all his doings: from the which rule of the gospel if the pope would vary and serve, and would grant any thing, that should be contrary to the precepts of the same godspell/ he doth not follow that power, that god hath given him/ nor god doth not approve that, that he doth. ¶ And as for that, which Pope Innocent, & Pope Nicolas do say, That it is not leeful for any man to judge of the judgement of the seat of Rome/ nor leeful for any man to revoke or reverse the sentence or judgement of that seat/ for because of the pre-eminence of the church of Rome: This saying of them ought not greatly to move us. For we think/ that though words must be understand thus: That it is not leeful for any inferior power to reason undiscreetly on the judgement and determination of that seat/ nor to affirm and hold openly any thing contrary to that determination: except that it be evident and plain/ that the judgement of that seat be erroneous & wrong (As master Gerson writeth) And that it is not leeful for any inferior person, to judge as it were by authority upon the judgement & determinaition made by the pope, & as though he had jurisdiction & power over the pope, for by cause of the pre-eminence of the seat of Rome. But if that any pope do decree any thing against the law of nature and god's law: there if any man do judge & reason of his determination & judgement wisely/ discreetly/ & clarkly, & not as it were by authority/ & doth labour with all his might/ that his sentence & determination may be revoked and called again: This thing is (as we think) so far of from sacrilege/ pride/ and presumption/ or any other vice/ that we believe/ there can be nothing more godly or more near unto the religion of Christ. For doth not the Church often times by recht and good law/ revoke correct and reprove the deeds and determinations of the Pope's/ which have not been very well and conveniently done of them, or doth it let to change them and make them better? yea furthermore, hath not all so mean bishops resisted & withstand the wrong & unreasonable sentencis & commandements of the pope's/ not regarding their cursynge/ excommunicaotins, & all punisshementes/ that the church doth use? And because we will not seek far in histories for an example in this matter/ we shall show you a thing or two that was done here in England/ and in France here by. ¶ Laurentius, successor to Austin in the archebysshopprike of canterbury, after that he had cursed Edbalde the king, for marienge of his stepmother/ could not be moved by no praying nor request of the Pope, nor by dread of cursing/ to absoile the said king/ till he had renounced, and forsaken that filthy and incest marriage. ¶ And Dunstan, archebesshop of the said seat/ following the foresaid Laurence/ after that he had excommunicate and cursed the earl Edwin/ because he had married his brother's wife, could not be moved by no means to obei the pope, that desired him/ charged and commanded him most sharply and streitely to assoil the said Edwin: until he had forsaken his unleeful wife. And more over it is written, that he was ever wont to have this saying in his mouth: GOD forbidden/ that I should, for any mortal man, not regard the law of my god. ¶ And thus also Samson/ some time archbishop of Rein/ had leaver have suffered the most extreme punishments, that could be/ and all jeopardies of excommunication and cursing: then he would anoint Alum, douchter to the earl Theobald/ for queen, whom at that time Lewes the french king had married/ because he had divorced before/ Alams sister from Philip, brother to the said king Lewes, by reason of consanguinity. ¶ And no less worthy to be remembered is that/ which Grosseheed/ sometime bishop of Lincoln did. For when Pope Innocent would have constrained him to make the Popes nephew a canon/ which was an ungracious fellow, and utterly unworthy and unmeet/ he wrote again these words. There can no man, saith he, being subject and faithful to the seat of Rome/ with clean and pure obedience/ and not cut of by division from the body of christ/ and from the same holy seat, obey such commandments or any other manner enterprises/ from whence so ever they came, yea and though it were from the highest order of angels, but he must and is bound of necessity both to speak against them/ and to fight and rebel against them to the uttermost of his power. Therefore reverend sir, for the duty of obedience and fidelity/ that I own to both my parents and to the holy seat of Rome, and again because we both be joined together/ as members in one body of Christ: I, like a catholic man/ and as one of the body of christ/ and like a good child, do not obey/ but gainsay and rebel against those things, that be contained in your letter, because they serve as plainly as can be in to that foresaid sin/ which is to our lord jesus Christ most abominable/ and of itself most mischievous and pestilent, and utterly contrary to the holiness of the seat apostolye. Nor your wisdom and discretion can not decree any sharp punishment against me for this cause/ if you will do nothing/ but that, which is rycht and reasonable. Both by cause all my saying and doing in this behalf/ is neither geinsaieng/ nor geynstrivinge, or rebellion/ but honour & reverence/ such as a good child oweth to his father and his mother: and again because the holiness of the seat apostolye can do nothing but that, which should be to edyfienge/ and not to destruction. ¶ O the great constancy/ & the saying most comely, for a christian bishop. For how perverse a thing/ & what a confusion should it be (as saint barnard saith) by obeying to evil & nauchtie commandements/ wherein thou seemest to be obedient to man/ to show thyself inobedient to god/ which hath forbidden all that is ill done? For if god forbiddeth that, which man commandeth, shall I here man, and be deaf and not here god? ¶ Therefore (that we may come to our matt again where as we left). Truly if the pope do suffer/ by his authority and power/ incest marriages to be made, or will not break them, when they be made, which (as Gregory saith) be abominable to god & to all good men/ it shall be the duty of a loving & a devout bishop/ not only to withstand the pope openly to his face, as Paul did resist Peter/ because the pope verili is to be reprehended & rebuked: but also with all fair means & gentleness, and learning, in time and out of time/ oucht to cry upon him/ to rebuke/ reprove/ beseech/ exhort him/ that the persons, so coupled together/ may forsake such marriages. And if they will not take the good learning and counsel of their bishop, but will follow their own voluptuous pleasure/ than at the last the bishop ouchte to pluck forth his spiritual sword of excommunication and cursing, and to shake it upon such persons, and to be take them to the divol, to the punishment of their flesh, so that their spirit or soul be saved in the day of our lord jesus/ according to the commandment of Christ, and the example of Paul. For else how shall these prelate's do the duty of bishops and overseers, as they oucht to do, if that for the cruelty, & threats of the pope's, they shall not dare call back their sheep in to the way of truth, that be out of the weigh and lost, for whom they shall give a count in the terrible and dreadful judgement of god? Or how shall they escape the grievous & sharp punishments of god/ with the which god threateneth them, that will not show the wicked sinner his faults, nor will not cry and give warning, when they see the sword coming, that the sinner may be converted from the wrong weigh to the right weigh/ and to the troth? I, AM alive, saith our lord, because that my flock is ravished/ and my sheep devoured of all beasts of the field/ because they had no herdsman nor overseer. For truly the shepherds soucht not for their flock, that, that was weak and feeble they did not strength, that was sick/ they did not heal, that was broken/ they did not bind together, and that, that was lost they did not seek for it, BEHOLD saith our lord, I shall ask a count of my shepherds for the death of my flock/ and I will cause them to cease and to feed my flock no longer. ¶ And now even as bishops, for because of their office and duty, oucht not to here or obey the pope's commandments in those things, that we have rehearsed before, even so truly all other christian men/ be they never so mean or of low degree, as many as being touched by the holy ghost, do once plainly perceive, that they do keep such marriages, as be incest: they may/ yea and are bound for the love and religion that they own to god/ not only to break streicht weigh such marriages/ but also with a stable and steadfast stomac/ and such as a christian man oucht to have/ be bond to with stand and resist valiantly the Pope/ all though he would threaten them by a. M. cursings and excommunications, that they should do the contrary. ¶ For there be two laws saith pope Vrban, one public/ an other private. And the public law is that, which hath been confirmed by writing of the holy fathers. The private law is the law/ that is written in men's hearts/ by the inspiration of the holy ghost/ as thapostle speaketh of certain, WHICH have the law of god written in their hearts. ¶ And in an other place he saith, WHEN the heathens/ which have no law/ do NATurally/ that is to say/ by the inspiration of the holy ghost only/ without any law written/ though things that the law commandeth, they be the law to themself. Therefore if any of these, saith Urban, hath people in his governance under the bishop/ in his church, and doth live secularly, and if that he, inspired with the holy ghost, will save himself in some monasteri/ or among regular canons: because this man is moved by the private law of his conscience/ that is, by the motion of the holy ghost, there is no reason, that he should be bond to the public law. For the private law is of more dignity than the public law. FOR doubtless the spirit of god is the law, and, THEY that be led by the spirit of god, be led by the law of god/ and, WHAT person is it/ that can of right withstand the spirit or holy ghost? Therefore who so ever is led with this spirit/ let him go his ways free, even by our authority/ yea although his bishop say nay. FOR there is no law nor bond made for a richtwyse and a good man/ but where as is the spirit of god, there is liberty and freedom/ and, IF ye be led with the spirit of god, ye be not under the law, that is to say/ if we follow the motion of the holy spirit and of our conscience/ we be not under the common law/ which ever ouchte to give place to the private law. For in though things/ that be forbidden by the law of god/ we must obey our conscience: and in other things the church. Now first the church can not bind any person to sin by her commandment. second, it can not be avoided/ but that such persons, which by the law of god & nature be unlawful to marry/ and yet be coupled by marriage, or at the lest/ that is presumed to be marriage/ do live in sin/ only except that they be married by ignorance, and that by such ignorance, as could not be avoided. Finally Paul saith, HE that putteth difference between meat and meat, if he eat/ then he is condemned/ by cause that/ that he doth is not done with faith, and good conscience. For all that is not done with faith is sin. ¶ Of these three reasons/ it followeth/ that all christian men/ if their private conscience, lichtned with the holy ghost/ and knowledge of holy scripture, as it ought to be, hath moved them unto it/ they may without any jeopardy/ yea and are bond to make a divorce with her, whom both nature and the law of god doth forbid them to have to their wife: and to deliver themself from that untrue and only presumed and pretenced marriage: the common law/ what so ever it be/ notwithstanding and commanding the contrary. Likewise as a secular priest/ moved by his own conscience/ and not by any lichtenes or inconstancy may lawfully go to an other bysshoppryke against his own bishops will, no manner of decree of the fathers to the contrary withstanding: and as a regular professed, or the bishop of a church/ thouch his prelate and the pope be against it/ may lawfully go to a straighter manner of living the common law notwithstanding and bidding the contrary. For such a one, as Innocent said, after that he hath asked licence of his prelate to go his way, upon his private law, which is to be preferred before the common law he is absoiled and loosed, and may freely fulfil his purpose of a more holier living/ the saying nay and froward forbidding of his indiscrete prelate not withstanding. For who so ever abuseth the power, that is given him/ deserveth to lose his privilege. And even so it is in the marriage/ that if a man's conscience move him to divorce/ that he divorce himself, though the church say contrary. For truly all though the church doth not declare such manner of divorces, yet the church is bond of duty to declare them, & to bid openly such divorces to be made. And all though the Pope by his prepensed & express act, doth not agree to this divorce/ yet for all that by his secret act & of duty he utterly agreeth unto it. ¶ AND HITHERTO we have showed well and sufficiently/ by very many reasons, as far as it pertaineth to this purpose/ that the prohibition/ THAT we should not marry our brother's wife/ which is dead without issue/ is not such a ꝓhibition, as standeth by constitution of man/ but as nature first did plant in man's mind/ and afterward chastity and reverent shame facidnesse hath kept it before the law: and our lord showed it unto his chosen people by Moses, and such as the custom of christian men, with great consent and agreement of them that useth it, hath from the beginning of the christian faith many years followed and observed/ which hath so often been renewed by counsels, received and confirmed by latter laws. And finally we have proved, that the Pope's authority can not stretch so far/ that he may dispense with such marriages/ whether they be made all ready, or be yet to be made. The which things/ most gentle reader/ because we trust they will so satisfy and content thee, that we thiinke it but labour utterly lost to seek for aid any farther in this matter/ either of holy scripture/ or of the decrees of the church, or of the determinations of the universities, that be in italy, France, and England, or of the suffragiss and voyces of the greatest learned men that be/ as yet there be a great many behind, it seemeth to us best here, to conclude and make an end of our work, and not to tarry the any longer in rekenninge them up. And this one thing/ most indifferent reader/ we beseech the for the love that thou haste to god, to virtue & goodness/ that as thou seest the consent and agreement of so many universities/ the favour and studies of so great learned men, to bend and enforce themself so lovingly and religiously, only to maintain and defend the authority of the law of god: that thou again, both with thy learning and authority, will farther and set forward their enterprises, wills, and desires, by all meanis that thou canst/ remembering how fearful and grievous that punishment is, which Christ threatenith them withal, that usurp and wrongfully take upon them the key of godly cnowlege & learning, & neither they themself do enter in to it/ and yet do let & stop out other/ which do all that they can to break in to it. ¶ Imprinted at London in the house of Thomas Berthelet printer to the kings most noble grace. the .7. day of Novembre. 1531 CUM PRIVILEGIO.