ALthough, as I haue ons al ready openly declarid in the begynning of my boke (and as the thynge it selfe shulde and ought alwaye testifye in it selfe) that in this my whole worke, I entende, or minde in no place therof, to be the father or bringe [...]vp of any new opiniō, whiche shoulde brede contention, but that my desire is, all that I [Page] maye to helpe them forward, whi­che are studiouse, with the pure & sounde iudgemente of the holye churche, and of those, to whome Christe hath geuyn a more large gyfte of learninge, and wysdome: yet for al that, I doo proteste the selfe same thinge againe, in thys place, because of certaine persons whiche are in these matters, wher of we now do speake, more capti­ouse, and fynding of faultes, than becommeth good christen men. But, as I do thinke, that it is no contumely, or a thinge wherwith men shoulde be offended, though a man be of an other mynd & iud gement, than other authors be of: (be they neuer so great of name, & therwith also aunciente) so can I be content with a good wil, to for­sake myne owne iudgement, and [Page] to be againste it, if any man (be he neuer so symple) can shew me that which is better. It is not vnkno­wē vnto [...]e, y^t it is a thing among al christen people moste generaly receuyd, & agred vpon, that wher soeue [...] matrymony is once cele­brated, that there it can non other wyse be dyssoluyd but by y^e death of one of the two partes, whiche were so ioyned togyther.

Of thys mynd was Chrisostom, & the olde latyn wrytars, and wyth oute doute the greate doctor Au­gustin, being confyrmed not only by the constytutions and ordy­naunces of byshops, and wyth the authoryte also of the decretall lawes, but also approued, and al­lowed by the whole consentes of the schoolemen. But if so be, y^e godly men haue alway thought [Page] it good to alter and chaunge ther opynions, when it is for a better pourpose, and is also standynge wyth reasō, to make the lawes for to serue vs after the fashyon as we vse medicines, acording to the nature of the syknes and disease, wherwith man is payned: then let vs consyder, and waye, whyther it be expedient and proffytable that the selfe same thynge sholde be done in thys cause of matrimo­ny: and if we do fynde it expedient and requysyt that it shold be, than let vs se whyther it be lawful, yea or naye, that some sorte of mari­ages sholde be vndone, not wyth oute a good ground, but for ear­nest causes, nor yet by euery man that wolde take vpon him, but by the gouernors of the churche, and lawfull iudges, and that [Page] the same matrimony shulde so be dissolued, that both partes might mary againe to whom they [...]lese, or that parte, whiche was not the cause of the breache of matrimo­nye. I am not ignoraunte, that there are many thynges, whereof, to make any doubte, or to brynge into question, were greate synne: as if we shoulde dispute, whither Christe were both god and man, whither he was borne withoute y^e seede of man, whyther our soules do lyue after the death of y^e body: and so, whyther that our bodyes shall be restored to lyfe agayne in tyme to come. For me are taught these thinges so playnelye by the authoritie of the holy scripture, & by the whole consent of the holye churche, that it is a wycked and a very daungerous thynge, yea to [Page] holde any dysputation therof, ex­cepte it shoulde be our chaunce to haue to do with those, whiche are infidels. But yet for al that, I do not thynke, that that man shulde be vngentyllye sayd nay to, and spyghtfully cast of, whiche (as the weaknes of our humayne nature is) hauynge some doubte, parad­uenture, of some of these thinges: doth open his mynd to those whi­che ar learned, so that he mindeth none other thynge, but y^e he might more firmely beleue that thynge, whiche he dyd not throughlye be­leue before. But nowe let vs see, whither this matter, whereof we do now speake, be of that kynde, & nature, ye or nay. Some thynges there are, whiche be so obseruyd & kept by the aucthorite of the chur che, that accordinge as tyme and [Page] nede sholde require, they maye be alteryd and chaunged. And as it is not lefull, to abrogate & disa­nul the holy scripture, which is y^• moste ryght rule of good lyfe, euē so it is the parte of a good and a wyse stuard, so for to vse it as y^e maners of mē shal requyre, wher of we wyll speake more largely hereafter, myndynge nowe to go on with the matter which we haue in hand. Fyrst therfore of al, I do saye, that it perteyneth to y^e godly charite of the churche, as mych as lyethe in it, to procure the helth of al men, and dilygently to comfort & succour the weak & diseased mē bers therof. For we do se many thousands so vnl [...]ckelye copeled togyther, wyth as euyl agre­ment, that bothe partes do per­yshe therby, which (peraduentur) [Page] might be saued, if they had bi set a sonder one from the other Whi che thig if it myght be broughte to passe, w^tout doing preiudice & wrong, to the holy commaūdemē tes of god, it ought to be y^e desire of al godly men, but if it be so that it cā not stōd with the law of god, yet I do take it to be a good wish & desire, forsomuch as charite of­ten tymes doth desyre those thigs which can not be. For Moyses doth wyshe, that he might be blot­ted forth of the boke of lyfe, And the Apostel Daule doth wyshe also that Chryste wolde make hym to be an anathem or curse for his bretheren. There haue byn The proposi tion. many of thys opiniō, which haue thoughte, that after matrymo ny were lawfully dyssoluyd, it sholde be lefull for thee man to [Page] marry another womā. Let no mā now streightway condemne this opinion, as straunge and soule, & vnworthy to be disputed. For O­rigen in his seuenth Homely vpō the Euangelyst Matthewe, dothe Origen. witnes that he knewe certayn by­shops: whiche permitted & gaue leaue to wyues, which had dyuor sed them selues from their husbā ­des, to marry other men, and sayd that in so doyng, they dyd agenst the commaundement of the lorde, and of Paule. But yet he doothe notvtterly condemne the dede, by caul he supposeth that they so did vppon some probable and good cause, leaste some woorse thinge shulde haue ben commytted, bea­ [...]ynge with the hardenes of theyr hartes, folowynge the counsell of Paule which dyd permytte vnto [Page] wydows, which could not lyue chaste, that they might mary aga­in. This example of Paul, Origē dothe so conferr, examin, & dys­cusse that he semeth to make it a mich more hard & streyght matter to gyue leaue vnto a wydow for to mary, whiche desyreth an hos­bond for the pleasure of here bodi and not for chyldren, than that y^e man puttyng awaye his wyfe for whordom sholde take to hym an honest woman mete for hym. And A man may lawfulli put awaye his wife & mar ry agayn ys shebe a h [...]re herof he semeth to make no man­ner of doubt / but that he may law­fully mary againe whom the gos­pell dothe permytte to put awaye his wyfe for whordome. Nether doth Daule command thys man so divorsed, to be reconcyled aga­ine vnto his wyfe.

But Origen doth note in the ex­ample [Page] of those byshops / that thei dyd permitte that thing vnto the wyues / whiche the apostle Paule with expressed words, semeth to prohibit and forbyd. Nether doth Origen say, that that man isafter the Iewysh sort, whiche doth for­sake his wife for whoredome, but that man, whiche beynge way­warde, and harde to please, for e­uery lyghte cause, seketh to putte away his wyfe, as the Iews dyd. For, that man, whiche is of that Iewysh sort, and casteth with him selfe how he myghte go from hys wyfe / doth reason after this fast [...] on: Moses dyd permyt a man to put away his wyfe for anye foule thinge, and for example of a foule thinge, he putteth adulterye, it is lawfull therefore (sayeth [...]e) for a man to put awaye his wyfe for [Page] other foule thinges. This reason Orygen dooth shake of, denyeng that Moses dyd meane of aduou trye, when he said for a foul thing forsomuch as they dyd not vse to In the case of adulterye there wasno libell of dy uorsemente & so no life. geue a libell of diuorsemente, for the cryme of aduoutrye, wher as they vsed to delyuer the wooman to them which shulde stone her to death. But by this foule thynge, wherof Moses spake, he dyd me­ane (saith Origen) ether some fait of corrupt manners, or deformitie of the body, wherwith the husbād were offended. That this was the mynd and opinion of Origen, his wordes folowynge do declare.

After this (sayth he) the lorde doth not suffer any man to put awaye his wife for any otherfault, sauig only for the cause of fornication.

And afterward he moueth āother [Page] question, demandyng, whyther it be lawful for a man to put awaye his wyf, if she be a murtherer of fa [...] question moued of O­rigen, wher to be himself maketh aun swer. er or mother, if she be a witche, or a thefe, as well as he maye law­fully put her away if she be a who ar. And in thys question he stan­dethe in doubt, perceuing on the won syde, that it were against the commaundement of god, so for to do, and on the other syde he dooth thynke it to be an vniuste and an vn natural thing, that the hosbād shold be constrained to bear those vices in hys wyfe, which are more greuous, and heynose, than whor­dom. But at the laste, sekinge how to wynde hym out of thys doubt­ful question he sayth, I do reason then after thys fashion and saye, bycause he dyd not commaunde this thig, as by y^• way of aprecept [Page] or commandemente, saing: let no man put his wyfe awaye but for fornication, but as one that wolde make y^e matter more playn & open sayde: who that dooth put awaye his wyfe, except it be for the cause of fornication / he maketh her an hatlot. I do thynk that Origen was of thys mynde / that the we­mā is dryuē to be an advouterose person, in that, that she maye not be suffered to mary againe, althou ghe she be according to ryght, & her nougty deseruing put from her hosband: but if she be so, the falte to be in her selfe, that she doth playe the whoar afterward, & not, in her hosband, whiche hath putte her awaye. And alyghtel before, he made a similytude of Chryste, whyche dyd repudyate and caste of the syngagog, being a māquel­lar, [Page] taking vnto him a new spouse which is the churche. The words of Orygen are these followynge: we must say (sayth he) that Chryst dyd not put away his fyrst wyfe, that is to saye (after the spiritual vnderstondynge) the fyrste Synagoge, to geeue example that he woulde do accordyng as the scriptur teacheth, which saith: whom God hath ioyned together let no man separate) but when his wife is an aduouterous woman, beynge corrupted of the aduoute­rouse ennemye, by whose counsell she soughte the death of her hus­bande, &c. And a lyttell after he sayth, And Christe for the church sake, didde leaue and go from his father, with whome he was, what tyme he was in the forme of god and from his mother also. &c. [Page] Hitherto are the wordes of Ory­gen. Thou heareste in this place (gentyll reader) of a diuorsement, and after the dyuorsemente of a newe spouse, whereby, it is ma­nyfeste / and open, that Orygen was of thys mynde playnelye, that after a man hath put awaye his wyfe for whoredome, he may marrye another wyfe. But where as he sayethe, that the bysshopps dydde agaynste the doctryne of the gospel, whiche permytted and gaue lycence for maryage, after dyuorsemente, he dooth meane of those men, whiche dydde putte a waye theyr wyues for other cau­ses, as the Iewes dydde. And in the lyke manner, thou muste vn­derstande that whiche he wryteth, where he saythe these wordes. [Page] After the selfe same reason, as the woman is an aduoutrous person although she semeth to marry le­fully, during the lyfe of her hus­bande, euen so the man, although he semeth lawfullye to take that woman to wife, which is so diuor­sed from her husbande, yet dot [...] he not lawfully take her accordīg to the mind of Christ, but he doth commit the greater aduoutrye, as one which doth take another mās wyfe. H [...]e Origen speaketh of those, which domake diuorsemen­tes for other causes, which Christ dyd not except, or for lyghte cau­ses. And yet those matrimonis by mans law were not punished, yea they were taken as good and law full. But Origens reasoninge is, whether suche matrimonies be lawfull after the words of Christ [Page] or no, namely, where as great of­fences did make the separation be twene the man and wife, as for at­temptynge to poyson her husbād, or to do murther, and saith: Thou shalt examyn, whither he hathe a iuste excuse before god or naye. And yet the sayth, that who so put­teth his wife away, doth geue oc­casion of adultery, whiche perad­uenture, with god, shall be impu­ted, to the wyfe, and not to the hus bande, whiche dyd put her away. Tertulian doth apeare, not to be muche of a contrary mynd to O­rigen, in his fourth boke, whiche Tertulia [...] minde he wrote against Marcio, expoun dinge these words of Christ, after this wyse, saying: If a man dothe put away his wyfe, and maryethe an other, as though he wolde say, who so putteth away his wife, for [Page] thys porpose that he myghte ma­ry an other, he can not iustly putt her awaye, for he doth put here from hym not vpon a iuste cause but he maketh on quarell or other (he careth not what) so that he ma [...] sem [...], and apere to putt h [...] away iustely, whome he doth hate and abhor. For the matrymony or ma riage whyche is not iustly dessol­ued, standeth in effect styll, & that standyng styl in effect,) whiche is, contynnyng the matrymony, to mary to an other, is whordom. And so if Chryste vnder a conditi on dyd forbyd a man to put awai his wyfe, then dydde he not vtter lye forbydde hym. And that thynge whiche he hathe not who­lye forbydden, he hath whol­lye permytted. The selfe same doctor with in fewe wordes after, [Page] sayd: & so the law of dyuorsment hath Chryst for the menteinar, & defendar therof. Thou wylt saye Obiection. (peraduenture) that Tertulian is not to be admytted, forsomych as he went awaye from the churche. Howso euer he dyd, yet in thys matter he was not reprehended of the godly lerned men, whyche he sholde haue byn, if thys opini­on had byn contrary to the mynde and iudgement of them that were in the treuth. Of the same mynde also, was on Polentius, a man (as The mynde of Polentius it apeareth of great grauite and of no lesse lerning, against whom saynte Augustine wrote. ii. bokes not in thys case, as thoughe he hadde byn one of the great hedds and masters of heretiques, but as one whych had bī in contentiō w^t him, whose sentēce, mīd, & iugmēt [Page] he doth so refel and improue, that yet for that opinion, he doth laye no pointe of heresy to his charge. S. Ambrose also, whiche was a mā praised without al doubt, not ambrose per nuttethe the man to mari after diuors men: & not the woman onely for his sound docryne, but also for his godly lyuynge, sayth that it is lawfull for a man to ma ry another wyfe, after he hath put awaye his firste wyfe for whore­dome. And truly ther is nodoubt but that this byshop did practyse that thing in his flock, whiche he wrote to be iuste, and according to the lawe. For in thexposition whi che he made vpon the seuenth ch, of the first epistle, to the Corinthi ans, he sayde after this wyse: (and that the man do not put away his wyfe) you must vnderstand (saith he) except it be for the cryme of for nication. And therfore (sayth he) [Page] the Apostel speakyng of the man dyd not put therto (yf he doth put her awaye, let hym continue syn­gell) as he dyd when he spake of the woman, bycause it is lawfull for a man to mary another wyfe yf his wyfe be a whoore, which he hath put awaye: for he is not in so streight bondage of the lawe, as y^• woman. For the hed of the womā is the man. And the selfe same do­ctor sayde a lytle before. If she cā not lyue chaste (sayth he) because she wyl not stryue against y^e flesh lette her be reconcyled to her hus­bande. For there is no such leaue gyuen to the woman, that she mai mary againe, although she dooth put away her husbande, for that he hath playde the whoremonger or hath forsaken his faith, or vn­lawfullye hath desired the vse of [Page] hys wyfe. The reasō wherof is bi cause the inferior hath not that same prerogatiue in the law, ouer the hedde, whyche the superior & hed hath ouer the inferior, that if the man doth forsake the fayth, or wold contrary to godlynes per­uerte the lawfull vse of his wyfe, yet can she nether marrye, to anye other, nor yet returne to him aga­yne. In this place where he saith that the inferyoure hath not that same priuylege, that the supery­our hath, he semeth (although he sayeth not so openlye) to geue leue to the man to mary another wyfe: But / within fewe wordes after he permytteth the wyfe alsoo to take another housbande, althou­ghe her fyrste husband be alyue.

For in his exposytyon vppon these wordes of Paule, (for a bro­ther, [Page] or a sister is not bounde in suche case) that is to saye saith he they ought not to receaue any ho not by matrymony whiche do dis­dayn & hate the author & maker of matrimony. For it is no good or fyrme matrimony, which is with oute the loue of god, by the whi­che reason, the woman, whiche is putte away bycause she doth fear and loue God, dooeth not synne yf shee ioyne her selfe to an other husbande. For the coutempte, and hatred of God oure maker, doth loose and vndoo the bond of matrymonye, and settethe at ly­bertye / the partye whiche is soo put awaye so that he, or she so for taken maye with out blame and offence cople them selfe in matry­mony againe with other. And the infydel person doth offend both [Page] agaynst god, and the holy state of matrymony bycause he wold not in the loue and honor of god contynewe therin. And therfore, the faythe, and promyse of matrymo­ny is not to be kept with hym, or her, whyche therfore forsaketh it and is gon from it, bycause he wold not here and beleue that the god of the Chrystyn people, whō theye do worship sholde be the author and maker of matrymony. For if Esdras dyd command the wyues, and hosbandes, whiche were infidells to be put awaye, that therfore god sholde be merciful, and not displesed if they tok other wyues or husbands of there owne nation (for they hade no sich commaundemnt that they sholde so put them awaye that thei shold take none other:) how mych more [Page] yf an infidell person doth depart on his owne wyll, may the fayth­full woman or man take in mari­age one of their owne law? For that matrimonye ought not to be taken for matrimonye, nor impu­ted to them: which is without the law of god. Hytherto are the wor des of Ambrose. And here, I doo thinke that no man can quarell, that Ambrose dyd meane of that woman which by ignoraunce, did mary an infidell whom she bele­ued to be a christen mā, forsomuch as Daule doth approue and al­low the coniunction, in mariage, yea of thos also, if the infidel doth consent / and is wyllyng to conty­nue with the faithful styll. For by that reason, if this ignoraūce was at the tyme of the contracte, then coulde she by no lawe continewe [Page] with him styll, with whom at the first she coulde not make any such cōtract of matrimony. And truly The faith full maye not wytting by contracte matrimonye with the un faithfull but yf they were marted to gy ther not kno wng one the others sayth they oughte not after­ward to go a fonde [...] it is a very faynt reason, where w^t Detrus Lombardus, in y^e fourth boke of the sentences, goith about to put away that place of S. Am brose, which we first rehearsed, for to saye / that it was noone of Am­brose writinge, but thruste in of some other into his workes, for somuche as it differeth nothinge from his style, and māner of wry­tynge, nor yet any thing there ad­ded or wrytten, as an exposition of any of his wordes. After thys fashion, a man maye easely make aunswer to euery doubt, if it wold be so admitted. For there are ma­nye thynges wrytten in Cypryās workes in H [...]omes workes, in The maiste [...] of the sētēce Sayncte Augus [...]ynes woorkes, [Page] and in the workes of Thomas of Aquyne, whiche the churche doth improue. And wherfore do we not excuse these authors, with the like reason, and saye. It was noone of there owne wrytynges, but thrust in of some other corrupter of their workes▪ But now, if we wold dys cusse, and serche out the mynde, & opinions of the late writars, (whi che do beare great swinge both in courte and in schole) we shall find, that there were amonge theym, whiche thoughte it lawfull, that matrimonye myght be dissolued, or at the leaste wyse, whyche deni­ed not, but this matter was dispu table. Fyrst of all, Iohannes An­dreas Iohannes Andreas determyneth, and decreeth, that matrimonye, before the man and the wooman doo lye togy­ther, maye be dyssoluyd, not onlye [Page] yf either of them doo professe the rule of a monasticall lyfe, but also by the onely authoritie of the by­shop of Rome. But yf they wyll graunt me, that this matrimonye, is a true matrimony, which is con tracted with the consente of bothe partes, hauynge and speakynge the wordes one to the other, whi­che do partayne to that same con­tracte of matrimony, and that the contract is made betwene lawfull and meete persons, (suche as the law doth permit:) they must alsoo graunte, that the strength & bond of matrimonye, dependeth of the lawe of god: It must follow then that ether the law of god doth not so take and vnderstonde matrimo ny as we do, or els, that the bishop of Rome hath power to vndo that whiche the law of god doth com­maunde [Page] and decree. Againe, the same Iohannes Andreas, techeth for a doctryne, that matrimonye which is ratefied, and ful finished by the carnal copulatiō of the mā, and the woman, can not by anye meanes be dissolued, for the proffe and confirmation of the whiche defence, which he maketh, I doo perceiue as yet no good reason or cause alledged. For the reasons, whiche Hostiensis, Augustin, and pope Leo do bryng for y^e purpose, besyde, that they are but the opini­ons and myndes of men, they do also permytte against the doctrin of Christ and of Paule, that ma­trimony may be dissolued, and al­so / y^• after the dissolution, & losinge againe of the sayde matrimony, y^e man and the womā separated / ma [...] marrye againe. And therefore, we [Page] must ether denye that same to be matrimonye, whiche is not confir med with the carnall copulation, or ells we must graūt y^t matrimo ny may lawfully be dissolued. Or els / what god (I pray you) gaue this reuelation vnto these doctors that the profession of a monasti­call lyfe, and the chaunge of reli­gion, which is of the ordinance of man doth lawfully depart man & wyfe / yea, although y^t ether of thē wold stand in the denial therof, & were not wyllyng to go a sonder. Yea (wyl they say) we do meane y^t matrimony which is but ratefyed & agreed vpō betwen the partes, not that which is made perfect, & ful ended by carnal copulatiō. Yf it be so, wher, and when dyd god e­uer teche them, y^• heresy should de parte mā & wyfe, yea after it were [Page] ful fynished & made perfect by the mutual copulatiō of y^• partes? and so depart thē, y^e it shuld be lawful for the man or y^• womā which did persist in the faith, to ioyne in ma­trimony again w^t whō thei wold. What shold I speke of Sachary Pope Za chary the byshop of Rome. w^t as we do rede in the. iiii. boke of y^• sentēces, & the, xx [...]iiii. distin [...] doth dissolue matrimony, if a mā doth ly. w^t the syster of his wyfe, whose words a [...] these. Thou hast medeled w^t the si ster of thy wyfe. And therfore yf y^u hast so don, y^u shalt haue nether of thē, & thy wyfe (yf she be not gylti of thy wickednes, and not wyllig to lyue chast) we do permytte that she in the name of god / may mar­ry to whome she wyil. But thou & the aduout [...]ous woman shal mar ry no more, but shal lyue styll in [Page] sorowe and penaunce during yo ure lyues. Thus fa [...] are the wor­des of Sachari the byshop. Now as tochyng thys glose whych Pe­trus lomba [...]dus doth make vpon [...] his words, I do take it to be farre from the truthe, & nothinge after the meaning of the byshop, as fo­loweth, wheras he doth saye (saith Lombardus) let her mary to whō she wyl, we must vnderstond, that he doth meane after the deathe of her hosband. I praye you hartely wold the byshop haue omytted, & forgot so greate a matter as thys T [...] [...] her [...]by p [...]r [...] that both zacha [...]i & Erasmus ar in the m [...]d that th [...]en der sh [...]ulde not marrye. is, if he had byn of that mynd, as thys man doth vnderstonde hym? What and if he whych was here hosband had lyued lengar, than hys wyfe, shal not then in this be halfe the payn of the innocent par ty be as greate as of hym whiche [Page] was the offender?

But how soeuer this is, som man wyl say peraduentur / that that is no lawful matrymony, whiche is contracted against the consly [...] on and ordinance of the byshop. Well, if it be so as he saythe, wher fore is not the woman in this case set at lybertye, that she maye ma­rye agayn? Let this question now pass, for we wyl go no further ther wyth. But as teching the profes­fion of a monastical lyfe, no man Goy [...] into a cloyster some tyme dyd dis solue matry mony and he resy also douteth that it dothe vndo that matrymony, which is but agred vpon, and sured betwene the par­tes, and for heresy, that contract al so is vndone yea whyche is gonn thorow, and ful ended betwene the partes. But if a man may dys solue & vndo y^t matrymony, why che is notful ended / bycause the [Page] reason and cause of the sacrement is greater whē it is fynyshed, by the copulation of the partes than it was before, by the same reson it shall be lawful also to vndo the mariage after it is perfect and ful ended, bycause that frutfulnes of chyldren in matrymony is a grea tar cause than bare [...]ys, and the cause in the fyrst contract is grea ter than in the second or the third. But thys me thynketh by mans lawes may be reasonable ynough that the mariage which is not con summat & ful ended myght some wayes be vndoone, bycause that the woman which hath not byn toched of the man to whome she was maryed, shal sooner fynd an other man, whyche wyll take here to wyfe, than she which hath car­nally knowē her hoband. But we [Page] (I can not tel for what pourpose) haue so men gelyd gods law and mans laws to gyther, about thys busynes, that we haue made it so darke that no man can tel what to Iohannes Andreas. make of it. But for al that, Iohā ­nes Andreas dothe apere not alto gyther to dyssent from thys opy­nion, if a man sholde say, that ma­trymony, whyche is made perfect may be dyssoluid vpon som great vrgent cause, forsomyche as he dysputeth thys same argumēt in the rule which begynneth▪ Actus li gitimi and the syxt booke De regu lis iuris, whome Panormitanus doth aledge in y^• cha. which begin neth Ex publico, de conuertione cō iugatorū, For after he had put the case (whither the byshop mighte dispēce & geue licence, y^t a kyngs sonne which is a mōke, might (his father the kīg hauīg no more sōs [Page] but him) myght mary a wyfe, and kepe her tyl the tyme he shuld be­get of her a man child, and so whē he hath brought forth reasons on both sydes, both with it, & against it, he geueth no sentence or deter­mination, whither he myghte soo dispense or naye, but leaueth the matter to the iudgement of other men. But at the last, Panormita­nus doth thus end his whole dis­putation, [...] upon dy [...]semente. and sayth: I could be of this mynde, that the pope can not vndo the matrimony which is cō summate / and made perfecte be­twene faithfull persons, so that I woulde chose to take and defende the negatiue parte, that he can not dispence in this casse. And he [...]e he doth not affirme the thinge, but he putteth forth this question, as a disputable argument, whereof he [Page] thinketh the contrary part to be y^• more probable, and truar. The same Panormitanus, amonge o­ther matters, wherof he wrote in y^• chapter, beginning w^t this worde Q uanto, and tytle, de diuortijs, doth saye these wordes (And thys text doth serue verye well, and is the beste that can be for this pur­pose, whervpon we might groūd our reason, that the churche can not dissolue, & vndoe that cōtract of matrymony. And heare againe he doth not saye affirmatiuely y^t the church can not vndo that ma­trymony, whiche is consummated and thorowly ended: but rather cō senteth that it may, although (he sayth) an argumēt might bemade out of that chaptr, which shold be to the contrary. For it foloweth not that streyghtwaye it is ouer­com [Page] and cast doun, bycause it may be ouercom and cast doune with argument. Hostiensis also appea reth some tyme to be on the contra ti parte. For in the chapter begin ning. Ex parte in the tytil de cōuer tione coniugatorum. he moueth y^e question, whither the church may now statute & ordeine y^t whē the ether part of the faythful persons which at maried togither is fallē into heresye y^e other part mai go to the seconde vowe of matrimony. And he doth aunswere that it is lawful so to do, prouīg it by this argumente. Lykewyse (saythe he) as the churche hath ordeyned betwene infidels, whiche do con­tracte among them selfe lawefull matrimonye, as Codicc de infideli bus & consanguini & affini, so may the churche decre and ordeyne a­monge [Page] the faythful persons:

For the confyrmation of the ma trimony of the faythful commeth of the sacrament of baptym, as in the sayd chapter Quanto, and that by the dysposition and order of the churche. The churche then hath power to ordeyne, alsoo to y^• contrary. Doth not Hostiencys here openly pronounce, that the churche maye decre and ordeyne, that some matrymony may be dis­soluyd be it neuer so perfect, when ether of the partes doth fall into heresye, so that the innocent party maye go to the second vow, (that is to wytte, may make a newe con tract of matrymony wyth som o­ther? And yet he denyeth that thys thyng may be don, except the chur che doth so ordeyne it. Antonye Antony [...] pō diuors ment allso doothe certefye vs that he [Page] hathe sene a bull of the byshope o [...]ome his gyuing forth, wherby he dyd seperate man and wyfe af ter that that matrimony was ful­ly finished and made perfect. But how myche these authors at to be set by, and regarded, let it be thee iudgement of other men. As for me I haue here brought the forth and shewed you what they do say bycause that they whiche thynke them to be of greate authoryte, shold not think that I haue done otherwyse than well in that I do desyre, that by som way or other, it myght be brought to pass, that bi the authoryte of the churche, som remedy and helpe myght be proui ded for them whiche do lyue my­serably and vngodly togyther w^t the greate peryl, and daunger of bothe ther sowl helthes. But now [Page] no man can denye but that the la­wes of Chryst at moste ryghtwis of al, and most ful of all equitie / exellynge and passyng al other whyther we do compare them w^t the lawe of nature, or mans lawe. Christ doth not strayghtly requit of vs that we should lyue as vir gens, leste he shoulde apere to go agaynst the law of nature, althou ghe he dothe pronounce them to be blessed, whyche canne take it. [...]owe are these wer des to be un derstanded, (to be gelded for the king dome of hea uen.) But to those wordes he doth add thus miche more, sayinge (for the kyngdome of heauen). And the kyngdom of heaue, he calleth the preching of the gospel, that thys saying: shold moste apear to serue for that tyme. For ther is a tyme to marry and a tyme to abstayne from mariage. Doost thou thinke then, that it stondeth w^t equite & [Page] iustice, that a man sholde be com­pelled to lyue with a wyfe / whiche is kiuered all togither with mys­cheuos & shamful dedes, wherof he gaue none occasion nor yet can bryng her by any means frō here lewdnes with whome for to lyue, weras bad as to be slain, & better to be dead: Or doest thou think it good right & reason, that if thys man do departe hym selfe from her that he shold be dryuē to lead al the days of his lyfe after with­out a wyfe al a lone, as a mā that were no ma [...]: Let it stond wel w^t right & reason, that y^e parti which was occasion of the diuorsment & seperation shal haue no more ly­berty for to marry, but wherfore shold he be ponyshed, which hath not deserued, except ye wolde say that he is worthy to be ponyshed [Page] bycause he was so vnluckey, to marry so vngracious a wyfe. But I praye you, what man did euer se that a man was ponyshed for his mysfortune, if ther was none other falt in him than that, special ly by the law of god. What other thing is this, but to heape on af­flyction vpon an other, and to make hym, which is miserable to be more miserable, whome oure parte were to helpe? For wher as childrē vnlawfully begotten, whō we do cal bastardsar debarred frō comming to certayn promotions & other proffets, first thou shalte vnderstond that it is by mās law & not by the lawe of the ghospel: Secondly, that it was thoughte good to the magistrates so to po nyshe the vnchaste lyfe of ther pa­rents. And fynally they ar not so [Page] excluded, but y^• they maye other­wyse helpe themselues, by theyr v [...]rtuose and good actes, altho­ughe theyr fortune in that case be againste them. How be it it is not al won, nor a lyke thyng to be barred from receauing or comming to dignite, and to be a whole lyfe tyme in continual tormentes, and in so many dangers and perylls, wher the man deseruith no syche thing. And if y^t that mā doth make his wyf to be a whoar, which doth put her awaye, without a lawful cause, dothe not he then as well make here to be a whoar, whiche doth prohibyt her being vniustly put a way to mary, when she is of that manner of nature, and disposytion of the body that we sholde do her wronge to commaund here to lyue chast: But as toching that [Page] they do ley against vs, thexample of monkes & noonse (which haue no wronge done vnto them forso­myche as wyllyngly, without ani compulsiō, of them selfe, ther toke so streyght a vowe vpon them, as they could not vndo afterwarde) I myght peraduentur answer, y^e thexample of a thing which is in contention and in controuer [...]ye & in doubt (as this is, whyther thee vowe of monkes and nons be a­brogable or nay) cann not resolue the doubt of an other thyng which is in lyke controuersy, as thys our matter is. And yet for al that if we wyl beleue some lawyars, y^e The byshop of Rome [...] make of a monKe n [...] monKe byshop of rome maye make of a monke no moonke. And as tochīg that whiche they doo alleadge spe king of a soleme and a pryuate vowe / I canne not se any substan [Page] cial reason wheron it is groun­ded. But if this ther reason (theye tooke it vpon them willingly by there owne myndes) were of so great force that the thinge whiche theye ons doo, shold neuer be vn­done, but be perpetualle, it dothe follow, that al maner of contracts and bargayns which ar made be­twen man and man, by ther owne fre wyls, and voluntary consents shold neuer be vndon, but alway stond, and be perpetual, which (for al that) we do se by experience for newe considerations and causes, whiche do often tyme ryse & come betwene, ar by the equyte of y^e law quyghte dyssoluyd, and made voyde. But, somme man here [...]peraduenture) wyll saye vnto me, that in matrymony a lawe is openlye prescribed, and kno­wen, [Page] that after it is wonse contrac ted, yt canne not be dyssolued, of the whiche thinge those which do marry, ar not ignorant / and yet wyllyngly they do put ther owne necks in the halter, where thei ned not. But truly, that thing, whiche is oure matter, wherof we do rea son is, whyther the rigor of this lawe, maye any thinge be mitiga­ted, and losed any maner of ways forsomyche as often tymes, syche causes do com betwē, that it shold apere a cruel thynge not to helpe the party which is in danger. But if thys lawe doth seme to be som thinge repognane to the equyte of nature, we muste se then, why ther that whiche is wrytten as concerning thys law by the E­uangelystes, and apostells in ther wrytynges, maye receaue any [...] [...]

[Page] interpretation or meaning than that, which is according to the o­pen wordes of the lawe. And I wolde, that it shoulde be lawfull for vs to do in this casse, as we are bould to do in other places of the scripturs. And lykwyse, I wolde that we shold dyscuse, and examin what tyme, to whome, & for what occasion, it was spoken, and per­aduentur, we shal fynde oute the right vnderstondig therof. Now, let euery man be content, and not tale streyghtwaye into a rage and cry out vpon heauen and yearth, and saye: Thys man doth goo a­bout to breake the decrese of the church. For thervnto I do ans­were, that I do go about no syche thing (as I haue protestyd befor) but only by the waye of dysputati on to reason the matter. Then let [Page] vs se, for what purpos the church hath allowed thys. For it hath or deyned som thyngs, not to stonde in effect and to be obseiued for euer, but for a tyme only. Second ly, if the churche, (if we maye so cal it) or ells the byshop of rome hath at no tyme alteryd, and changed any of his decrese and ordinances nether wyl I require, that any thynge shal be in this casse chan­ged and alteryd otherwyse than it was fyrst ordeyned. But if so bee we doo fynde, that the churche or the byshop of rome hath made at any tyme any change or alteratiō in thynges whiche are of greater weyght but not so mich perteinig to the helth of me n, as this is / for what cause shold we be a feared to do the lyke and that specyally, when we maye therby ease and [Page] helpe the paynefull greifes of soo many men? Our maister Chryste is content, for won pore shepe whi che is loste to seeke aboute euerye where, that he myght fynd it owt, & so found, bryng it home agayn, vpon his own shoulders: & shuld we be loth to seke and to proue, yf we myght fynde remedy and help [...] of all [...], for so many as do peryshe daylye, sythe that Christ is aucthor of all helth, and mans lawes shuld non otherwyse preuayle, & be of stren­ght, but so faire, as they doo con­duce and ar profitable for the pre­seruation of man? Finally, forso­muche [...]hyther the byshop maye sta [...]e & or dey [...] [...]nye thyng again [...]the decre es of the apo st [...]s as there ar certayne greate maisters in deuinite, which do gra unt & geue to the byshop of Rome so large auctorite and power, that it lyethe in hym to abrogate, and vndoe any thynge, whiche the A­postles, [Page] (yea Peter him selfe) haue & hath ordeyned, and forsomoche as there be some doctours, whiche make a question and a dout of it, whyther he may ordeyn and decre any thynge agaynste the doctryne of the gospell, not altogether deni enge but that he maye after a cer­tayne fashion, do it, although not cleane disanullynge the doctryne therof / that is to say / either by in­terpretation, or elles by restray­nynge, or enlargynge of his wor­des (as Daule dyd when he sayde, I not the lord, by permission, & not of commaundemente doo. &c.) for what cause do they more bind him in this case, that he cannot do the lyke, as he may in other thinges, which are more great wherin he is permitted to do what he wyll?

Forsoth as concernyng matrimo­ny, Ihon Andrea, which is a gret [Page] author amonge the lawyers. af­firmeth that the bysshop of Rome may decre, and ordeyn, that by the seconde contracte of matrimonye, the first maye be made voyde, soo farre as the first was not consum mate, lykewise as it is vndone, & made voyde, by entering into reli­gion. And of this mans mynde is Panormitanus, asye rede in their commentaries, wrytten vpon the chapter, Quoduotis / in the tytell. Deuoto & uoti redemptione. In the syxt boke, and in the chapter, Expublico, in the title, Deconuersi one coniugatorum. In the actes of the apostles we do reede, that in a certayne solemne counsell, it was decreed and published, that as ma ny, as were admitted from the infi delitie of the heathen into the chri­stian flocke, should absteyne from [Page] meates offred vp to ydols, frome strangled beastes, from blode, and from whoredom. This can not be called a conciliable or pryuate con gregation, where so great a nōber was, neither can it be called a coū ­sell without a heade, where Deter hym selfe was presente. And yet, that whiche was at y^t tyme decre­ed, is gon so farre, & so longe time owt of vse, that now who y^t wolde abhorre to eate of a strangled hen, or of podynges which ar made of The decres of the apo stles chaun ged, & for what intent it was made bloude, men woulde take hym to be a ryght Iewe. And yet do not I blemysh the auctoritie of the A­postels, but onely I do excuse the thynge done by them at that coun sell to be ordeyned for a tyme, for the pacifienge of the myndes of the Iewes. The Apostle Paul for byddeth that a nouyce in the faith [Page] whiche is newe come therto or els a feyghter. or a dronkatde, should be made a bishop. But at this dat Paules con stitution we dose, that the byshop of Rome doth make a chylde a byshop, whi che was borne but yesterday, yea, and yt it pleaseth hym, of a pirate and a thefe, which robbeth vppon the sea, he wyll make a byshop al­so, beyng nothyng a feard of Dau les constitution. Furthermore, it was longe or the churche dyd de­termyne, Transubstā tiation not beleuedofthe prymytyue churche. that transubstantiation was in the bread of the aulter. For it was sufficient many yeares, yt a man did but beleue that the bodye of Christ was vnder the consecra­ted breade, wone way or other soo that they beleued that he was there. But afterwarde vpon a far ther respecte they determyned o­therwyse thereof. The tyme harhe [Page] byn, when they wexe not taken for heretiques which beleued that the holy ghost dyd procede only from the father, and I am not certayne, whither the moost part of the chri stians dyd in the prymytyue chur­che so beleue. But when they had wayed the matter well, the church dyd defyne that waye, whiche we nowe do followe. The lyke thing The concep tiō of the [...] gin was aboute the conception of the blessed vyrgyn. But whyther the churche dyd at the fyrst deter­myne and iudge that man, whych would doubt therof, that he shuld be taken for an heretyque or nay / I can not tell very well, although there are some, whiche do affyrme that it was so concluded in y^• coun sell holden at Basyll. And here a gayne [...]iseth a double doubte, [Page] whyther al the actes of that coun­sell do stand or nay, and farther w^t what wordes, and for what pour­pose / this case was determined. If it were then defyned to be as an actycle of our fayth, what shal be­come of the fryar Dominikes, of whome many be yet styll of the cō ­trarye opinion. There are manye suche lyke matters as this is. For there was none of them, which wer the very olde wrytars, that durste pronounce openly / that the holye ghost was of one substance w^t the father, & y^e son, no not thē when the question about the sonne, was so contentiously handled al y^e world ouer. And that more is, in y^e psalme of prayse geuynge, whiche the churche beganne to synge after y^• Arryans were expulsed, where as is attributed to the sonne, that he [Page] is the lyght, of lyght, and perfect god of perfect god, the same is not ther / with open and playne wor­des ascribed to the holy ghost. But now we are bolde to say, that The holy gh oste is of one substaunce with the fa ther and the sonne. the holy ghost is of one substance with the father and the sonne, and perfecte god of the father, whiche is very god, and of the sonne whi che is very god. Ther is no man (I do thyns), whiche wyl so [...]t y^• churche of Christe, (whiche ston­deth of the congregation, and fe­lowship of men) quight and cleare from all error, that it shoulde be ignoraunt in nothing. It is suffi cient that it be so farre forth, void of error, that it doeth houlde and kepe the chief pointes of our faith and christen religion. For it maye happe that the churche shall erre in the number, wherby they shuld [Page] knowe the day, when the feaste of Easter shold be kepte and holdē, wheras thys poynte perteynethe no thy nge to the matter of oure fayth / or loue toward god. I doo speke of that churche, whose auctotyte we do followe that is to wyt, the church of rome.

But yf it be trewe, as some doo houlde, that the byshop of come whyther the Byshoppe of rome may be deceiued, & geue a [...] sentence or [...] can not etre by no error iudy [...]yall at any tyme, what ned we to haue general counselles, for what cause sholde we cale men of lawe vnto the counsel / or lerned devynse, [...] he [...]e not erre, when he gy­uethe sentence in any cause. Wher fore is place geuen after he hath pronounced his sentence, that men may appeal from hym to the Synode, or from hym, to hym [Page] selfe agayne, after he is better ad­uysed and instructed, and infor­med of the matter. What nede so many vnyuersites be trobeled, in dyseussynge the doubtes of oure faythe, when a man maye go to the byshop, and haue the truthe of euery doubte at his mouth? Yea how doth it com to passe that the decrese and statutes of won by­shop are contrary to the ordinan­ces of an other? I wyll not speke of Pope Formosus, but what say you by Pope Ihon, whiche was the two and twenty pope of rome poope [...] & pope Ny cholas decre es [...]. and pope Nicholas, are not their decrese statutes, and ordinaunces clean contrary the on to the other, yea, in those matters, whyche doo perteyn to the chefe poyntes of oure fayth? O [...] the whyche twain the one dyd pronounce iudicially [Page] (to vse there manner of speakyng) that Christ and his apostels, had nothinge in possession, either in common or priuat: that other pro nounced cleane contrary, that thei had. This thing a man may learn forthe of their decrees, whiche are intituled, Extrauagants.

But that which foloweth, doth ser ue better for the matter, which we pope inno cent & pope Celestine made con­trary decres haue in hande, that pope Innocēt the thyrde, and Celestyne also, bys­shops of Rome, dyd determyne cō trary conclusions, cōcerning how matrimony may be dissolued. For pope Celestyne dyd ordeyne, that eyther the man or the wyfe, which dyd stand styll in the fayth myght marry agayne, it that either of thē dyd fall into herely, which thinge pope Innocent doth denye, as we [...]ede in y^• fourth boke of the decre­tals, [Page] in the title, De diuortiis and chapt. quanto. Neither doth pope Innocent in that place omyt to de clare, that a certaine predecessor of his dyd otherwyse ordeyne, mea­nynge Celestyne (as the Gloose in that place doth open, declaring that there was sometyme in the de cretals a constitution of pope Ce­lestyne / in the thirde booke therof and in the tytell De conuersione in fideliū, in the end. And that semeth moost lyke to be true, because that tytell contayneth very fewe chap­ters, that thereby thou mayest vn­derstande and perceaue / that it is cut of & made shorter than it was at the fyrste makyng. Besyde this pe [...] w [...] an aduers [...] to the marya ge of preests Pelagius (as a man may se in the decrees, in the. xxxi. distinctiō, and chapter Ante triennium) did ordein that the Subdeacons of Sycyll, [Page] sholde absteyne from ther wyues whome theye had lawfully mary­ed before the makynge of that same ordynance & constytution.

Thys decre, as vniust / and contra ry to the commaudemente of the ghospell, Gregory, the fyrste of that name, dyd plucke back and Gregory the [...] dydde succede to Pelagian by s [...] of rome clean abrogated, which Gregory succeded vnto Pelagius, & made a constitution and deere, that no man from thense forth shold com and be admytted to that order, except he vowed the vowe of cha­styte. But it is a very harde, and Erasmus do th s [...]d much with the in [...]cent parti [...]athe or she whichis inno cēt may mar ry agayne. an vniuste thynge, that a man sholde be forced to chastite, which hath not vowed yt, nor deserued to be dryuen therto, whyther he wyll or naye. But that, which Gre gory here dothe take to be vniuste [Page] dooeth not soo appeare to Inno cent the thyrde, as appeareth, in that same place, whyche I haue here before alleadged vnto you, whyche doothe after this fashyon make aunswere to those men whi­che doo obiecte, that it seemethe a thynge agaynste reason / that the husbande withoute anye faulte, shoulde be depriued of the benefit of matrimonye, specyally, seynge that, that man doth more greuous lye offende, and is a greatter en­nemye to CHRISTE, why­che after he hath receaued Bap­tysme, doothe fall into heresye, or to the beleiffe of the Daganns, than he, whyche was boorne an Ethnycke, and doothe forsake, to be conuerted to the profession and fayth of CHRISTE.

[Page] Be syde thys the churche of Mu­tyn, was certayn hondred yers of thys opinion that if a man hadde made a lawful contract of matry mony with won woman (as for ex ampl with Barbara) wherin both [...]hyther the seconde con­tracte of ma [...]monye, wher is also [...]copulatiō of the partes [...] vndooe the [...] cō [...]act whiche [...]ath not this [...]opulation. ther wordes [...] ther mynds dyd a­gre, but had no bodely conuersa­tion with her, and afterward dyd cōtract with another whose name was Corn [...]ia, hauinge copulati­on with her, he sholde be constray ned to forsake his fyrste wyfe, & lyue with her with whom he made the latter contract, the carnal co­pulation goyng therwith.

But that constitucion. Innocen­tius the byshop of rome doth opē ly dy [...]anul and vndo, makinge a cleane contrary decre, whiche is that the fyrste woman, was the [...]ight and lawful wife, and al that [Page] was done wyth the last woman to be no matrimony but playne adultery, and whordome, as ye may There be some, suche cōtractes in London, the moore is the shame that they are suffred rede in the fourth booke of the decretals, in the tytul, quanto, & chapter Tuas dudū, and also ī the chapter Licet, of that same tytul. Alexander the therd declareth by a certayne wryt that his predycessers that is to say, the byshops of rome had a fore tyme ordeyned y^• same thyng, which Pope Innocent did condem in the church of Mutyn: How mych more daungeros a matter was thys, than the cause of dyuorce, and yet the byshop of rome dyd alter the decres and constitu­tions of other byshops? What nede I tel you of the vniuersite of Parys, whiche dyd wonse o­penly The uniuersitie of paris disproue the sentence and opinion of the byshop of rome inso [Page] muche that they draue hym to re­cant, and deny his words, whych he had spoken before [...]yf we maye geue any credite to histories?) Ex­cept, pataduenture we do thinke it to be but an idell fable or tale, whyche Ihon gerson doothe re­hearse in a certayne Easter Ser mon of Ihon Byshop of Rome, whyche was the two and twentye of that name, that he did precisely affyrme, that the sowles of wyc­ked men, shoulde not be punyshed before the day of iudgemente, whi che error, all the whole schoole of Parys dydde openlye condemne, and broughte the Byshoppe to that, he was fayne to denye and re cant his opinion. Neyther canne Pope Ihon [...] it be sayde that noo manne helde thys opinion besyde the Byshop, [Page] so that he only shold be in a wrō ­ge mynde, yt must neds be a pub­lyque / and almoste a generall ex­ [...]or, whyche was publyshed ether by letters or by some drecre, that sholde somyche moue and styer al the whol realm of France to be a­gaynst it. But what do we spea ke of Pelagian, of Alexandre, & of poope Innocente, seynge that Peter, which was as it were thee chefe of the apostels, was not a shained to hecken to better coun­sell, when beinge admonyshed by Paul, he dyd knoledge and con­fesse hys error, if thee wordes of saynte Augustine are to be bele­ued herein.

Nowe truly, although we do con fesse & graunte, that matrimony it self is of the law of god, yet many [Page] cyrcumstaunces which do pertain to the causes of matrimony, depēd of the posytyue lawe, as degrees of kynred, impedimentes of mari­age, and dyuorsements. Nether haue we these decrees, and ordy­naunces gyuen to vs by famous and generall counsels, but onelye at the handes of pryuate byshops beynge the aunswers, which they made to this or that mans consul­tation for the tyme, as they thou­ght good, and accordynge to con­science, yea other whyl [...]s swaruig from that which they them selfe, had determyned and decreed be­fore. But this constitution, wher­of we do now dyspute, was, as I do suppose, at the first, was y^• dede but of one or two byshops, whych afterwarde, by lyttel and lyttle, cre pynge farther abroade / is growē [Page] to be so great a matter as it nowe is. No man can saye naye, but thei were men, and euery e man dooeth knowe, how myghtye and stronge euery thynge is, after it is growen into a custom. And it is not a thig to be merueyled at, that the layde oulde fathers, were so soore offen­ded with dyuorsementes, whiche was abhorred yea of the Ethniks, Nowe they wyl marrye svx or seuen tymes. yea thoughe the [...] haue not on tooth in ther head when that some of them could scāt abyde matrimony, much lesse, that a man or woman should be twyse maried. Al this before, we haue shewed vnto you, because no man should thynke it, to be an vnseme­lye thynge, though we do dyspute aboute the alterynge and chaun gynge of the lawes of dyuorsmēt. But now if it please you, let vs ex amyn the places of the holy scrip tures, whereby we doo seeme to be [Page] constrayned to receaue, and admi [...] this lawe. Our Lorde Iesu Chri­ste, as ye do rede in the ryft chap­ter of Matthewe, what tyme he dydde sowe abroade his heauen­ly philosophye, and prescribyd a perfecte example, where by he de­clared, and made open, what man­ner The place [...] whiche do [...] s [...]me to dys proue dyu [...]r semen [...] of men he woulde haue his dis ciples, and those whiche were his folowers, to be, sayde these wor­des: It is sayde (saythe he) Whoo so euer doothe putte awaye hys wyfe, lette hym gyue to her a testi monyall of dyuorsemente. But I say vnto you, y^• whatso euer he be, whyche dooth put away hys wife except it be for the cause of forny­cacyon, he doothe make her too be a whoa [...]e, and who that doothe mattye a wooman whyche is put [Page] put awaye from here hosbonde, doth commit adultery. But, forso myche, as in that same place he doth t [...]he many goodly lessons whiche do bewtifye hym, that is a pure, and a right christen man, for, what cause can we be content to admyt in al the rest of the wor des a gentyl exposytyon, and in­terpretation to bee hadde, and in this matter of dyuorsmente only we make our selfs so streight, that we do streyn the wordes of Christ mich more narrowly, than euer he spake theym. For wheras he lefte to the holboud, wone cause of dy­uorsment, we do bynde that same cause with many bondes, adding myche more therto, of oure owne selfe. And fyrste (as here for ex­ample) wee maye putte awaye [Page] our wiues but then, we must liue as no men, lyke persons, that wer gelded and neuer to haue issew. Besyde this, if thou doest com panye with thy wyfe, after thou hast won [...] suspected her to be nou ght, thou shalte not enioye the be nefit of dioursemēte. Furthermor if a man be an adulterose person hymselfe, he shal not forsake hys wyfe, which is as noughty a wo­mā, as he is a man, fynally we do wrast and wrythe this terme of ex ception, whiche is (except for &c) somy ch that we do deneye that it dothe gyue any power to a man wherby he maye putte away his wyfe, but that it doth serue only, for to certefy the, if tho [...] doest put awaye thy wyfe, that by thy put tinge her away from thee, thou shalte not make her to be a whoar [Page] forsomych as she is a whoar whē thou doest departe from her. For so is the mynd of Augustin. But I do call that to be a trew diuors­ment, whiche at those days, was A righte d [...] uorsmente. alowed, & none other, when a man might lawfully take another wyfe after he was seperated from hys wyfe. For, wher as we do vnder­stond that to be dyuorsment, whē the man and the womā ar sōdcrid from dwellynge togyther in won house (the bond of matrymony ne­uerthelesse remayneng styll) was Sych diuorse mēt is of our owne brayne ther euer any of the olde deuyns and lawyars, whyche dyd defyne sych a maner of dyuorsment? But of thys matter we wyl speke more herafter. As tochyng this poynte then, we are so streyght, & so nighe that we go to the very rigor and extremite of the lawe, but in thee [Page] rest, we care not how largely, howe fauourably euery man dooth take and vnderstand the wordes ther­of, we can be contēt to receaue eue­ry maner of interpretation. The lorde doth forbyd vs in that place that we shulde not swear at al, yea he dooth forbyd that muche more The makig of [...]. streightly, than he doth forbydde dyuorsement / and with mo words he beateth the matter into our hea des, and yet, for the valour of. xii. d. we care not how often we swere, excusynge the matter with this ex position, that we are commaunded not to sweare vnaduysedlye with out a cause. And wherfore doo we not as well saye, that we muste not put awaye our wyues vnaduised­ly for euery trifell? He doth forbid vs, to be angry, we do expounde it with this word vnaduysedly and [Page] cashlye. He forbyddyth vs to geue any euyll name to any man. Wee Thou shal [...] sclander no man do geue hym blowes also, yea and oftentymes kyll hym, coulorynge our offence with these words, say­enge: we dyd not the dede for anye hatred or malice, but for the desire of amendment, and ponyshinge of this or that noughty dede. He byd deth also / that we shall not offre The offerig vp of the gyste. with out charite forbydden our gyft, except, we be first in loue and charitie with our brother, wee doo clooke that sayinge with these wordes, yf he wyll aske me forge­uenes, and make me a good recom pense, and a mendes. He commaū ­deth vs / that we shal not go to law Goynge [...] lawe for debt, whiche is due to vs, but that we shoulde fall to some agre­mente wyth oure aduersarye, and we, for a matter of twoo pense, wyll caste oure neyghboure int [...] [Page] pryson, and saye, we do no more but seke oure righte, acccordinge to the lawe. Yea we do iudge him to offend, and cal hym a negligēte person, that wil not this way seke to come by hys own. He commaū deth vs that we do no wronge to hym agayne, whych dothe wrong to vs, althoughe we myght bi the lawe be iustly reuenged. For in y^e olde tyme the requytyng of lyke, was permytted not without consi deratiō. Agayn, if a pore mā doth steall but a small tryfell from vs, we bring him streight way to the [...]ow we co lorably do de [...]end oure de [...]sh [...] gallous / saying, that we do folow our right and not to be reuēged. Chryste also commaundethe vs. not to resyst euyll, whyche saying we saye is of counsell, not of pre­cept, and that we may neuertheless lawfully with forse, repel force.

[Page] And to be shorte, we be commaun ded to loue our enemy [...]e, to doo good to them which do euil to vs to praye for them, which do cur [...]e vs, and for thys also we haue a cloke and say: I wyl pray to god to geue hym a better mynde, but I am not bounde to shewe tokens of famylya [...]ite to hym. And fynal ly on excuse serueth for them al, whiche is, that these thyngs are commanded not to al men, but to them which ar perfect. And yet for all that, none of them all, whi che do boste them selfe of moste perfectnis. wyl knowledg the pro fession of a perfect man, shewing hym selfe to be syche a manner of person, when the dewty of a per­fect man is requyred at his or ther handes, so that these wordes of Chryste are almoste spoken in [Page] vayne. Christ speaketh these wor­des, not among the common peo­ple, but to his dys [...]yples, and that in the mount, shewynge, and set­tynge forth vnto them, which was the purest, and godliest part of his bodye, whiche had no nede of anye lawes, whiche he calleth the kyng­dome of heauen. For, what nede is it that there shoulde be any lawe, that a man shal not kyll, where is founde no man, whych though he be offended, that can fynde in hys hatte to be angrye, nor yet to geue none euyl and noughtye woorde, where he whyche hath taken wron ge dooth seke vppon the loue and frendeshyppe of his ennemy, wher euerye man hadde rather to geue awaye part of his ryghte, than to folowe the lawe. What nede is it to haue a lawe there, where no mā [Page] doth couytte, that whiche is noone of his? Wherfore should ther be any swearynge there, where no mā doth go about to deceaue won an other, yea where no man doth my­struste anye deceyte? What shul­de the lawe sette ponyshment, that a man shoulde be reuenged vpon his ennemye, with the lyke greife and hurte whiche he hathe sustey­ned, where men do loue theyr enne myes, where a good turne is done for an euyll. where good woordes are gyuen agaynst badde? Lyke­wyse there is no nede of a testimo­nye of diuorsemente / where is non euyll man, or yf there be any other faulte (as we are all men) it is ey ther borne wyth all, or elles it is straightwaye amended, and harde no more of. Shew me such a kind of people as Chryste doth wysshe [Page] they sholde be, & ther shold be then nether dyuorsementes, nor yet othes. But and if for the weake sake, whiche the church hath in so great a nomber, no man is forbyd to seke after his tight by the law, no man is prohybyted for to swer so it be for his owne, not falsely for swearyng hym selfe, no mā al­so is constreyned to do good for euel, for what cause is thys wone poynte as tochinge dyuorsmente requyred of all men a lyke? If the Iews, for y^e hardnes of ther harts were permytted to put away ther wyues for euery tryfel, leste they sholde do a worse thynge, and we do likewyse perceaue, that among chrysten men, besyde the vnchari­table agrement which we dayly se to be amonge maryed folke / that there ar greatar perylls and dan­gers [Page] (y^t is to say) cruel murthers, poysonynge one the other, and en­chauntments, for what cause, yf there be al wone disease, and syck­nes, is not the lyke remedy & help founde for thē? The apostel Paul doth not commend, that a man, or a wooman, shoulde be twyse mar­ried, and yet for to avoyde an vn­chaste manner of lyuynge, he doth permyt that thynge which he da­reth not commaunde them to doo: takynge it to be better to marrye, than to burne. And shall we abate nothynge of the rygor of dyuors­ment? The Iewes dyd interprete, and expound that, which Foy [...]es wrot, of the lybel of refusyng their wiues, to be as thogh he did geue them leaue to put away their wy­ues for euery tryflyng matter, as for example, yf they shoulde fynde [Page] any blemysh or foul thing in [...] bodys. For after that maner they do demaunde of Chryst in the xix chap. Math. Whyther it be law­full for a man to putte away hys wyfe for euery lyght cause. Christ dothe restrayn the separation of man and wyfe to won cause only, not that ther at not greatar offen ces and more greuos offences thā adultery, but bycause whordom [...]herfore do th chryst na [...] but won [...]use of dy [...] s [...]eus in wedlok is all manner of ways repognant, and dyrectly contrary vnto the state of matrymony, For matrimoni doth make of. ii: bodis but won body, whiche vnyte of bo dys, adultery, which is whordom in matrymony doth cut a sonder. Chryste then doth permytte vnto his people no more but won cause of dyuorsment not al togyther for byddynge them of that Moses [Page] dyd suffer thē to do for the hard nes of ther hartes but saying onli that it was not so from the begyn nyng. For if man had contynued in the fyrste state, wherin he was made at the fyrst, ther sholde haue byn no manner of dyuorsments▪ Chryste doth cal hys people to an innocencye of lyfe, and wolde not haue syche separation betwen mā and wyfe, bycause he wyl not haue them to be harde of hart, and yet Paule dothe beare with the weas nes of man, enlarging often tims the precept of the lorde. For what cause can not the bysshop of rome dothe same? But, as tochynge These wor des, that which gol [...] hath ioyned. &c, howe they are to be under stōd that, they do obiecte forthe of thee self same place, That, whych God hath copeled togyther, let no man separat, it may be quykly answerd [Page] vnto. That, whiche god hathe ioyned, is well ioyned, and that, whiche god doth separate and put a sonder, is well separated. Amōg the Ethnickes, matrimonye was not lawfull, except it had ben con­fyrmed, with the consent of the pa tents, and aucthorite of the tuters of them whiche were maried, yea, not among y^• Iewes, was it other wyse lawfull, and yet with theym bothe, matrimonye myght be dys­solued for certain causes. Among y^• Christē mē, mariage is exceding lightly made, & after it is ons mad The [...] contractes of matrimonye betwene par [...] cornars without con s [...]t of the pa rents it can not be vndone agayne. For matrimony is contracted secretely in corners, after a stealyng fashy­on, betwene boys and yonge wen­ches, by the helpe and counsell of baudes and whoares: it is contra­cted betwene tooles & dronkards, [Page] and yet this shamefull contracte, can not be vndone, yea (whiche is a more straunge matter) they doo make of this fylthy, and vngodly contracte an holy sacrament. For / our common dysputations, why­che are of mutuall consent, of the wordes perteynynge to the presēt tyme of matrimony fullye confyr­med, and not confyrmed, they be but the myndes and interpretati­ons of men, and not the verye ex­presse wordes of god. I do graūt, that there is no matrimonye, with out the mutual consent of the par tes, but I woulde haue a sober, & a godly consent, not such a consēt as is wonne by craft and giel, and by dronkennes. I woulde haue suche a consent▪ as shulde be made by the counsel, and aduyse of both theyr frendes, as is mete and con­venient [Page] to be, in sych a thynge as can neuer be vndone agayne, after it is wons knyt, yea and syche a thynge as deserueth to be nōbryd among the sacremēts of the chur che. But whē the byshop, or other lawfull iudges knowyng and be­ing certefied of these causes be­twen any partes do separat them a sonder, whyche are so contracted togyther / then dothe not man se­parate that, whiche god hath ioy­ned, but that whiche chyldyshnes, folishnes, want of wyt. and of kno ledge, & dronkenys hath ioyned togyther, that (I saye) whiche the deuil hath ioyned togither by ba [...] des, as well men baudes as wo­men baudes, & by whoars, which at hys mynnsters / and trewe wey ghtyng seruaūtes, that same doth god verye well separate and vndo [Page] by hys mynysters. But here they doo make an other obiection, and saye, The churche dooethe allowe dyuorsemente and separatyon of man and wyfe to be made, so farre that after the separation, neyther party dooth marrye agayne.

I praye the tell mee, doothe CHRISTE soo meane, in thys kynde of dyuorsemente? The questyon was put to hym of the Iewes, and he made the aun­swere agayne vnto the Iewes. But the Iewes knew none other kynde of dyuorsement, but that, whiche dydde barre them from ta­kynge that woman agayn, whom they hadde put awaye, and gaue them libertye to marrye another. For, that the women of the Iews myght marrye agayne w^tanother [Page] man after they were putte from ther hosbonds, it is easly ynough to be prouid, by that the preste is forbyd in the law to take that wo man to wyfe, whiche is dyuorsed from her hosbonde / whiche lawe sholde haue stond then in none ef­fect, if the woman which was put awaye myght not marry agayn. For the instrument of diuorsmēte The [...] whi the libel was commā ded to be ge uen was gyuen then for that porpose & entent / that the man myght not by any lawe haue tytul to clayme to take her agayn, whome he had putt awaye, that the second con­tract of the woman, with an other hosbond myght be fyrme and sta­ble. And so is y^e mynd of Chryso­stom, whych lyketh me better, thā that whyche. S. Augustyn dothe w [...]yght▪ in his. xix. boke and fyue and twenty chapter, whiche he [Page] wrote againste Faustus. But, i [...] Christe dyd speke of the right dy­vorsment, from whense then is comme thys newe kynde of dy­uorse, whiche is rather a name of dyuorse, than a dyuorse in dede. But if we shold graunt that Chri ste spake of thys diuorsment, that we do obserue and vse, forsomiche as he dyd permytte but only one cause of seperatiō, wherfore doth Augustine make other causes, y^e is to wyt ydolatry, and heresy be­inge led therto by no [...]e other rea­son, but bycause theese crymes, are (as it were,) a certayne fornica­tion. But after that reason euery greuous offence, which doth se­parate the soule from god, maye be called a kynd of fornication. Wherfore do our lawes putte so many casses, that almoste thei can [Page] not be nomberyd, wherin they do permyt dyuorse? Hyerom doothe pronounce that a man maye pute Followe not [...] thee [...] a waye his wyfe frely / if he doothe suspect her to be a whoat, as these his wordes do testefye, which are. wher soeuer (sayth he) is found for nycatto [...] or the suspycyon therof, a man maye frely put awaye hys wyfe. But if we maye lawfully by ani means make any maner of alteration, or change in the com­maundemēts of god, wherfore do we not seke som remedy for those whiche are til copeled togyther, & doo lyue in peryll of bothe there helthes? If we mai not, how durst these doctors be so bould, of won cause of seperation make so many. The lawes which, they call the cā [...]on laws do gyue lycence to that man or y^• womā, which is torned [Page] from infidelite to [...] law of Christ to mary another if y^• hosbond or y^• wife wyl not forsake ther infyde­lite, & blasphemye of god. Chryste dyd permyt no cause of marienge agayne but onlye fornycation.

And yet in thys casse we wyll graūt, that, which we ar afrayd to doo in y^• other. If a woman be dy uorsed from her hosbond, bycause the disposition of his body is fich that he is not apt for mariage / she may mary agayn, but if her hos­bond were a parycyd from whom she is dyuorsed, she may not mary agayn. In ther laws if a woman dyd mary a bondman or a slaue, whome she beleued to be a fre mā the contracte of the matrymonye, althoughe it be consummate, is therby dyssolued, and for­done whyche is not so, if she were deceaued in thee qualyte [Page] of the person, (as thoughe it were a greatar matter, and more vntol­lerable to be maryed to hym whi­che is a bondmā, thā to hym whi­che is a socerar, a man quellar, or a parycyd. That poynt which is of lesse weight, is not exactyd, and that which is more greuos, is stre [...] ghtli required. Som mansperad­uentur) wyll saye vnto me, that in thys casse, whiche is of the bond man, and fre woman, matrymoni is not dyssolued, but declared on­ly, that it was no trew matrimoni whyche apeared so to be at y^• first. I do here him wel ynoughe what he seythe▪ but I do aske him thys question agayn, by what authori te theye doo pronounce that this cause is suffyciente to vndo that matrimony, whiche was so thou­ght to be, and other causes / which [Page] ar as great, and greatar thā that, to be vnsuffycyent. Or els wher­fore do they not make the same ex cuse, to helpe them, whych are vn­godly ioyned togyther and to pro nownce, that it was no righte ma trymony, whiche was contractyd by dronkennys, & crafty counsell of baudes, betwen yong laddes, & wenchys without the consente of there parents, vnder whose custo dye thei are? But nowe lette vs dyscusse, and examyne the causes, and consyderatiōs, which did put the olde fathers in mynde, that thei thought it good that neyther party sholde mary agayne after dyuorse, yea though the dyuorse, was made for the crym of fornica tion. Hyerom sheweth thys cause saying: least, if he dooeth marrye Hierome. an other, he shold seme to put a­way [Page] his firste wyfe not offended with any enormytes of his wyfe, but bycause he wold mari a more bewtyfull woman than his wife is. These following are hys wor des. And bycause (saythe he) it myght chaūse, that som mā wolde fynde falte, and accuse his wyfe sclanderosly, whiche in dede is an honest woman, and so, to the ende that he myght mary another wife wold ley som greuos cryme to her charge, the man is so commanded to forsake hys fyrste wyfe, y^• he shall not be sufferyd to mary an­other, so longe as hys fyrste wyfe doth lyue. Which words do sygni fye asmych, as, if thou doest put a way thy wyfe not for y^• dyspleasur y^• dost bear to any synful act of the flesh, but for som iniury, whiche y^• hast receiued bi her, for what caus [Page] sythe y^• y^• hast found thi fyrst ma­ryage so vnlokkey, & contrary to thy mynde, doest thou put thi selfe in daūger to suffer the lyk if thou doest mary again. Lykwise, for so myche as it myghte so chanse that the womā accordyng to that same lawe myghte sew a dyuorse from her hosbond, the selfe same order is taken for her, that she shal not mary again, if she be wons deuor sed. And agayne, bycause the wo­man whyche hathe pleyd the har­lot and adultros person, dyd not fear the great opprobry & shame which sholde folow that shamful act, therfore, the man whyche doth The woman diuorsed for whoredome▪ may not, ma­rye agayne, mary her bryng dyuorsed, is war ned that if he doth mary sych a wo man, that he shall lyue wyth here in the synne of adulterye and so to be an adulterar. Thus far ar y^• [Page] words of Hyerom. But let vs a lyghtel whyl now not loke of how greate aucthoritie this writter is of / but let the redar weye and consyder the matter with me, whi ther thys be suffyclēt causes wher fore the innocēt man, her hosbond whiche hath not offendid, shold be bound to a wicked woman, so that he shold liue alone withoute frut of his body and burning in the luste of the flesh, leste (I say) he shold be takē for a mā of small wysdome, whiche wolde agayne take vpon hym that thinge, whi che at the fyrste did not go well with him: as thoughe it were a shame for that man to go agayne to the sea, whiche had ons byn in foul storms and tempests of we­ther, or for him which beinge ons deceaued in chosinge of a frende, [Page] wolde seke him an other whome he myght find trew and faythful, or that he shold be taken for an yl lyuer, and a couetous person, whiche wolde be contente to chaunge, not his wyfe, but the fauor & dowry of his wyfe / if it might be brought to pas. I pray y^•, t [...]l me what so euer they be whiche do suspecte any suche thinge after the byshop hath don with th [...] matter, and the dyuors iustlye confyrmed by the aucthoritie of good and lawfull iudges, ar thei to be thought good and honest, or noughty and wyc­ked persons which so do? Doubtles thei are wycked creaturs, and no good men. But do we thynk it to be according to right and con­scyence, that for a fewe of wicked and euyll thynkynge persons, the husbande whiche hath not offen­ded, [Page] or the wyf which is an honeste woman sholde be dryuen to syche a myserable state of lyuyng, aga­ynste hys or here wyll. The lyke causes Saynt Augustyn doth al ledge in hys boke, which he wrot to Pollentius layinge, leste thee woman for the hatred she doothe bear to her fyrste hosbond sholde seme to set more by an oth [...]r man, and so sholde apere not to be so myche offended with the falts of her first hosbādas she was gredy and desyros to haue a newe) wh [...]r he spake somwhat iestinglye, and denied that for the complaynte & quarells of the vngodly, the gho pell, which is the euangil of god, shold in ani wise be peruertid. But treuly, the ghospel doth not prohibit the to mary agayn after thou haste put away thy wife iu­stly [Page] & lawfully. As toching y^• wor des of Paul we wil speke of them more hereafter. And forsomyche as nether Chryste, nor Paule do not requyre nor wyll, that he shal lyue continent and chaste, whyche can not, for what cause sholde they be sayde to be noughtye persons, whyche nether can do it, nor yet haue bounde them by any vowe therto? Thys is the fault of the body, not of the mynde. And wher fore is he compelled to suffer po­nyshment, which hath committed none offence? Yea, and is in gret dysquyetnes and affliction al re­dy. But now where as theye doo make it a sacrement, wherby they wyl haue, y^• no matrymony which is wonse contracted shall be at ani tyme dissolued, let vs se what mā ­ner a won it is.

[Page] Neither this same Augustyne, whiche ascribeth thre vertues vn­to matrimonye, when he doth call it the thyrde sacrament, thinketh, that it is won of the seuen sacra­ments, (whiche thinge Petrus Lombardus doth seme to note in the. xxxi. dystynction,) yea, I can not promysse you for a certaynte, that this whiche is nowe the se­uenth sacrament, was so taken a­monge The reasōs whiche doo make him be [...] that ma trimony is none of thee seuen sacra mentes The fyrste [...]se the oulde fathers. Fyrste, because, when Dionyse dyd teken vp all the sacraments, by their pro per names seuerally, shewyng the vertue and strenght, with the ryts and ceremonies of euerye won of them, he doth not amonge all the sacraments, speake wone word of matrymony. But where as some do saye. that it is comprehended vnder the sacramente of orders, [Page] that is no more, but to shewe that thou haste some thing to say, whē thou woldest apere to haue some answer to make, thoughe it were neuer so slender, as though the li [...] ceremonys were obserued in ioy­ning the mā and woman togither in wedlok, as ar, when the byshop dothe make a prest or a minyster. Truly sythe that Paul dyd speak so myche of matrymony as he dyd he shold haue wrytten two words more than he dyd, gyuinge it some name or other, wherby we myghte haue knowen what sacremente it were. Secondly, by cause y^• Greks and the laten haue wrytten so ma­ny volums, wherin they do treat of the state of matrimony, and not won place can be founde, wherin they may apere to be of y^• mynd / that it sholde be counted amonge [Page] the seuen sacraments and special­ly▪ forasmuch as saynt Augustine whiche is an earnest fauorer and Thee thyrde cause defender of matrimony, doth re­hearse, and in [...]ulke into our head­des all the vertues, and godly cō ­modities, which at in matrimony / not wonse namynge it to be wone of the seuen sacraments. Yea, Io­uiniam, whiche dyd so earnestlye [...]. fauor the state of matrimoni, that for that cause, he was iudged an heretique, when he had turned o­uer all the byble, bothe the owlde testamente, and the newe, making euery place therof, where he could haue any [...] howld [...], to serue for the [...] of matrymonye, wold not hau [...] omytted so substancyall a thynge, as thys, and so stronge an argumente, as thys woulde [Page] haue bene for his defence▪ bu [...] woulde haue beaten it into theyr eares, sayinge, yea, and crieng out after this wyse. Matrimonye is wone of the seuen Sacramentes of the church, Uyrgynyte is not. Neyther doo I thynke that S. Hierome woulde haue stomac­ked the matter so muche, agaynst those, whyche woulde marry anye oftener than wonse, yf it hadde byn knowen, that wedlocke had byn wone of the seuen sacramen­tes.

But for what pourpose, doo I speake all these wordes, sythe that Durandus dooethe con­fesse, that theye, whyche weare [...] the latter wryttars vppon dy­uynytye, weare the fyrste, why­che in theyr writings dyd begyn [Page] to name matrimonye, for to be a­monge those, which properlye are called the sacramentes of the chur che. But, where as the oulde wry­ters, folowynge Daule, do other­whyle call matrimony a sacramēt, I do thynke them to be of y^• mind that in the copelynge together of man and wife, because it is a most sure and fast bonde of amyte and frendshyp, is represented vnto vs a certayne fygure, and ymage of Christ, ioynynge his spouse vnto hymselfe, whiche is the church.

And truelye, matrimonye beynge well kept, is a very godly, and an holy thyng. Yea and also that, the whyche of it selfe is not holy, may be a type / and a fygur of an holye thynge, as was Bethsabe the wyf of Uria taken from hym, and ioy­ned to Dauyd, as was the aduou [Page] try of Oseas the prophet, the fa­ble also of Sampson and Dali­la / as Hierom doth manifestly af­firme. And againe it is not requi­sit and necessarye, that the fygure shulde be in all pointes / lyke vn­to whether the fygure of a thynge muste in al poyntes be lyke the thig fygured the thinge figured. For other­wyse should it be no sacramente, when a man fortuneth to haue a barren wyfe, or when a woman is combered with a dronken husbād an euyl liuer, and a dysar. And al­though we shoulde graunte, that matrimonye is a very sacramente indede, yet shal it be no sacramēt, where an oulde man doth marrye an oulde woman, a dronken man, a dronken womā, which the chur­che, for al that, wil haue to be a sa­cramente. A thousande suche lyke examples, myght be broght forth, in the which the image of the he­uenly, [Page] and spiritual matrimonye sholde not aunswere in al poyn­tes to the corporall matrimonye. Neither dooth the sacramente of Baptyme susteyne any detrymēte wherin the spiritual & corporal mo trymony do [...] or wronge, althoughe some after­warde be of an vncleane, and vn­washed lyfe, nor yet dooth it fol­lowe, that wedlocke is no sacra­ment, although that maried folke be often tymes noughty lyuars. For then, the dyuorse, whiche we do so lyghtly permyt for such cau ses; shuld preiudicate the sacra­ment of Christ. Againe, we do se­parate oftentymes, the man from the wyfe, where as Christ doothe alwaye cleaue vnto his spouse.

And fynally, matrimony should [...] not be dissolued, no, not with deth yf we wyll haue the fygur answer to the thing figured in al points. [Page] Yea, if we wyll so narrowly loke vpon the type, Origen sayth, that Chryste dyd dymysse the sinagog from hym, bycause she was a mur therat of her hosbonde, when she sayde: Take hym: Take hym, and crucifye hym, and puttyng awaye the same synagoge he ioyned the churche to hym for his spouse.

After thys image, and symylitude a man maye put awaye his wyfe whiche hath soughte the death of her hosbond, and maye mary an other woman, more mete for hym. And as tochinge the congruency with what mynd mary ed foles oug ht to go toge ther of the mystery, it is ynough that alwaye won man doth ioyne hym selfe to won womā, with this mid and full purpose, that ther sholde be neuer any separatiō betwen thē which among som is a perpetuall matrimony. Truly, I do meruail y^• wher as so many owld writars [Page] in the greke and latin tonge haue ser chyd to fynde oute the causes wherfore that matrimony shulde be indyssoluble, that no such rea­son coulde fal into their heads, as is into ours, y^• matrimony sholde neuer be losed agayne, after it is wonse made and done. There is no man whiche doth contract ma­trimony, but is of that mynd, that he woulde that it should continue whole, durynge his lyfe, neuer to be dissolued. For no man at that tyme, when he doth marrye / wyll thinke on anye separation or dy­uorse. But yt so be, it doth so chaū ce afterwarde, vpon any necessary cause (accordynge to the fashion of the worlde) what hurt (I praye you) is done to the sacramente, yf that remedy be founde for theym, whiche can not lyue chaste? For [Page] lykewyse as a priuiledge graun­ted to a fewe, dooth not dysanull the lawe which is made general­ly to all men, so thoughe some be vnlockye in mariage, and manye do offende, what is the sacrament the worse? Fynally, it shal follow that either it was no sacramente in the oulde lawe, or els it oughte not to be vndone, and that specy­ally, forsomuch as in the peryls & daunger of murther, we maye re­medye the party which is in fear, by the waye of our separation, and dyuorse. Chrysostom doth shewe Chrysostome two causes, wherefore the Iewes myght put away theyr wyues, ge The firste cause whye thee Iewes were permit ted to put a waye theyr wyues uynge to them a lybel of dyuorse. They are suffred to putte awaye theyr wyues (saith he) lest bearing hatred vnto them, they sholde seke theyr death, Shuld then the wic­kednes [Page] of the wycked persons a­mong the Iewes, be commodiose and proffytable vnto them, & not aswel the innocēcy of the hosbond amonge vs, which ar christen mē, be helpe to hym whych is innocēt, and without faulte? The man is commaunded (sayth Chrisostom) The cause [...] [...]ly [...] geue to the wyfe to giue to the woman a lybell of dyuorse, that he myght not after­warde commande her to com to hi agayne, whom he had wonse caste of, to auoyde the confusion, and often commyttyng of adulterys. But truly thys cause is not reke­ned for any barre to vs, but that we maye make it lawfull to thee hosbond to take his wyfe agayne whome he hath wonse put awaie. And agayne Christome doth say, that the cause, whye a manne myghte caste of hys wyfe, beinge [Page] a whoar, then, and no wis al won, that they sholde not euery where commyt fornication and adultery won with the others wyues. If then, that same be a very trewe ca­use, in dede, wherfore amonge vs chrystē men is no man compelled to put from hym hys wyfe, when she is a whoar, but is playnly for­bydden & restrayned frō puttynge her awaye, except he dothe entende al hys lyfe after to be made lyke a man, whyche hathe loste the vse of nature. Innocentius the thirde in the chapter, Quanto, whiche we haue alledged before, dothe shewe thys reason, wherfore the wyfe of a man, whych is fallen into heresy maye not take another hosbonde. Bycause (saythe he) if they do hate there wyues, or ells the one of [Page] them at a tyme, being dyspleased wy [...]h an other, if in syche a case as this is, they myght be dymyssed, and delyueryd or ther wyues, they wolde make asthoughe thei were in some heresy, that theye myghte quyckly be departed, and mary a­gayne. The lycke reason is reher­syd in the glose made vpon y^• chap ter: Dixit dominus, in the thre and thir­ty cause, and the fyrste question, whiche glose we alleged forth of Hyerom, a lyghtel before. But truly if we do admyt this cause to be good, then may not that womā he maryed agayn, which by error was maried to Peter, whom she toke for to be Ihon / or ells was maried vnto a seruaūt, whom she thought hadd byn a freman, least when she were in mynde to be de­parted from her hosbōd she wold [Page] subornate, or feyn sych causes, whi che were not trewe: how be it the chapter whiche is recyted in thee glose doth not seme to make mich for the pourpose of Innocentius. For his meanīg is of the hosbond which doth feyn him selfe to be an heretique, that he myght fray hys wyfe from him, and as sone as she is maryed to an other man, feyne hym selfe agayne that he is amen dyd and torned from his heresye: So myght the man feyn him selfe to be a seruant, whyche wold seke to dryue hys wyfe away from hī. And the lyke may be sayd agaīste oure dyuorsments and separaty­ons, that the hosbond wyl fordge and deuyse somme faulte, whose wyfe doth not please hym at home that he myghte by that meanes thruste her forthe▪ of hys doars, [Page] kyng it a sufficient greate reward of hys falset, & crafty dissemlynge if he maye be, but somich as wyth oute the syght of hys wyfe in hys house, whō he doth hate. Hyther­to haue I shewed the causes, for the whyche dyuorsment / was not permytted. Now, if ye wyl, let vs examin the places of Paul, whēse oure bysshops do seme to fetche, that they do make so great a dyf­fyculty & hardnes in dyssoluinge of matrymony, and vndoinge of maryages. Paul, in the seuenth [...] chap, of the epistell to the Rom, sayth, Be ye ignorante bretheren, (I doo speke vnto them, which [...] knowe, what is the lawe,) that the lawe hathe dominyon in man, so longe as the man lyueth? For the woman whyche is in subiection to the man, so longe as the man ly­ueth [Page] she is bound vnto y^e law, but when her hosbond is dede, she is losed from the lawe of the man: And therfore, so longe as the man lyueth, she shall be called an adul­teros womā if she be with an other man. But if her h [...]bond be dede, she is set at lyberty from the lawe of the man, that she shall not be an adulteros person, althoughe she taketh an other mā. Paul in this place doth not treat of dyuorsmēt or separation betwen man & wyfe, but he maketh a similytude vnto the Iewes, which is taken out of ther owne lawe, wherby he might teach and perswad them, that the law of Moses, being taken away by the law of thee ghospell, theye are no lengar bounde to the obser uation of the ceremonis of y^• law, syth that they haue taken to them a new spous, whych is Chryst. Ne [Page] is it requisit and necessarye, that the similitude or parable shoulde in al poyntes se [...]ue for the thyng, wherto they ar cōpared. For thus the parable of the theefe / whiche breaketh into the house by nyght, the parable of the mony whiche is due and owynge to the vsurar, the parable of the wicked & nou­ghtye stuarde, the parable of the vyne, and the braunches thereof, the parable of the chyldren, syng­ynge in the market place, and such other innumerable, shoulde seeme very fonde, if it shulde be examy­ned & tryed by this streighte rule, to haue all poyntes agre. It is sufficient, that they do declare, & make open the thynge, wherefore they be applyed. It is the maner and fashyon of Paul, to drawe, & wrynge what so euer he can by a­ny [Page] meanes, to serue for the gospel after a godly crafte and subtylte, while he doth turne him selfe into all thinges, that he may wynne all men vnto Christe. But our men, nowe a days, are nothing lyke vn to Paule, whiche do turne theym selues into al things, that by that crafte and polyeye, they maye call men awaye frome Christe, and so come to great ryches and promo­tions. How be it, yf we wyll take these wordes of Daule as they do lye, and sounde, no man shall put awaye his wyfe, althoughe shee dooth playe the whore. For he ma keth in this place, noo manner of exception. Again / Paule shal not seme aptly to alledge the lawe of Moses vnto the Iews, yf they do take his wordes after that fashiō, forsomuche, as the lawe doothe [Page] permyt the hosbonds for euerye cause to put away ther wyues / so that theye doo gyue vnto them, a wryght of dyuorse, Herby ye may perceaue y^e Paul dyd not exclude and put awaye dyuorsment, for so mych as the law it self, doth opēly permyt and alow it, but went a­boute that thing, which he hadde in hande, making asthoughe he had nothyng to do wyth this our matter, whyche dyd not toche for hys purpose. And agayne in the seuenthe chapter of his epistell to the Corynths, he dothe wryghte these wordes (He then which doth [...]oyne his virgen in matrymonye, doth wel, and he whiche doth not, dothe better. The woman is boūd vnto the man, so longe as her hos­bōd lyueth, but if her hosbond, sle [...] peth, she is at lybertye from thee [Page] lawe, let her mary to whome she wil, only / that it be done in y^• lord. But she is more happy if she can so abied, after my counsel. Nether yet dothe Paul in thys place rea­son the cause of dyuors, but exhor teth accordyng to the state of thos tymes, that theye, whiche are free from maryage, and specyally wy­dowes (for in thys place he dothe speake of them) shold abstein frō mariage, that they sholde be thee more fre, from the busynes of thee worlde / whyche was then a wyc­ked, and an idolatrose worlde, and coulde not choose, if they dyd marie, but muste nedes ioyn them selfe in affynite with the wicked & vngodly.

And yet for all that, he dothe not requyre thys at ther hāds, y^e theye [Page] so do, but he commaundeth them, that yf they whiche are syngyll wolde marrye, that then they doo take to their hosbandes such asar Christen men. And also, he dooth not plucke a Christen woman frō her hosbande, which is an infidel, except he doth first departe from her, and sayeth also, that she doth not synne, if being at lybertye she dooth mary agayne. For so longe as she hath an hos [...]ond, she hathe no ned to seke another. This ther fore after myn opinion, is the che­test, and surest key, to the vnder­stondyng Note a good lesson for the understāding of [...]iptur of the mystycal scriptur to marke and consyder dylygentli the thynge wherof the autor wry tethe, and what hys pourpose is that he goeth aboute, and that spe cially in Paul which is somwhat slypperi and starting in his dys [Page] putacion, and reasoninge, now leapyng hyther, now thyther, that (as Origen dooth saye▪) the re­dar canne scant vnderstond and perceaue, whē he is oute whyther The hardest place which forbiddeth di uorsementi [...] all the scri [...] tur he wyll go. Nowe remayneth the great matter of the chefe dy [...]ycul­ty of al, which went before in the same chapter, in the whiche place treatynge of maried persons, he speketh after this wise: I say (sa­ythe he) to them which ar not ma ryed, & to wydose, that it is good for them, if they do abyd so styll, as I do. That if they canne not lyue chast / let them mary. For bet ter it is to mary that to born. But to them whiche are ioyned togy­ther in matrimony, do I cōmaūd, & not I, but y^e lord, that the wyfe do not departe from her hosbond. But, if she doth departe, that she [Page] do abyed vnmaried or ells be re­concyled agayne to her hosbond, and that the man do not put a­waye his wyfe. These words doo seme to be spoken wher the matri mony is betwene lyke persons, that is to saye, a chrysten man, and a christen womā. And the words, How ought Paule to bee [...]stand [...] this [...] after the [...] of Ambrose, whiche folow: (The reste I doo cōmand, but not the lord) ar spo­ken of the vnlyke, & vnequal ma­trimony (that is to saye) betwene a christian, and an infydel. Fyrste wheras Paule in nether of these places doth not make that excep tion openly, whiche the Euan­gelystes do, Ambrose doth coun­sel the, to supplye it, wyth thyne owne vnderstondyng, leste the a­postel sholde seme to be agaynst the commandements of hys lord And belyde this, Paule doth not [...]

[Page] [...]ere to speke of greate offencys, syche I say as are, as greuos as adultery / or more greuos, but of slyghte matters, for the whiche chefely wer many and often sepa­rations, and dyuorses, among the grekes, accordynge to the saying of Iuu [...]nal. And thus, in fiue yeare hath some women eyghte housbandes. And this we may ge ther of the words whyche do fol­low for ells be reconcyled agayne to her hosbond. Those men wee sayde are made frendes agayne, whyche thorowe some offence, or dyspleasure haue byn at variance And agayn that party is sayd to be reconcyled, which hath trespa­sed, not he or she to whom the tres pase is done. But, and if she de­parted iustly and for a good cause, wherfore dothe thee apostell commaunde that shee [Page] sholde be reconcyled, which shold rather haue byn intreatyd, and de syred to be contente, & to leaue of all displeasure. But, if the faulte was in them both, that the one of fended as well as the other, he for byddeth / that she shall not marye an other man, wherby her fyrste hosbond sholde be put clean from her, but that she sholde con [...]ynew vnmaried, and so (peraduenture) they may [...]be brought at one, and made frendes agayne. Also, thou shalt vnderstond, that the Apostel in thys place doth speake of the [...] woman only, and not of the man, forsomych, as the woman among the Iewes, had no power to put awaye her hosbonde from here. And as tochynge the man, he doth no more but exhorte hym, that he doth not putte awaye hys wyfe [Page] for sych lyght causes. For he doth not adde these words (if he dothe put her awaye, let him contyneue vnmaried, or be reconcyled again to his wyfe.

Thus myche doth Ambrose note▪ and obserue in thys place, all be it Augustin, wolde haue, that thee woman sholde haue in all thinge as mych power as the man, why­che The wo [...] bath the like power ouer the [...] that the man [...]h ouer the wo man thynge, lyke as he dothe ear­nestly and constantly affyrme, so sanne he not fynde to make his worde good. But I am not here sure, whyther Paule dyd in thys matter, gyue any thinge to the ob seruation of his owne law, which gaue lyberti to the men for euery lyght cause to change ther wyues and not only that, but also if they were in ielosy, ther was a cruel re­medy prouyded for them, wher as [Page] no syche thynge was for the wo­man. And more than thys. The Apostel in al his epistels doth not gyue to the wyues any great auc­thorite or rule, whō he doth make subiect to the [...]power of ther hos­bōds, whom he wyl not haue to be with there hed vncoueryd, whom he doth not suffer not so mych as to speake in the congregation.

Therfore it sholde apere, y^e Paul dyd forbyde, that the wyfe for fich as at lyght and common faultes, sholde not forsake her hosbonde. But if she so dydde, that then she sholde not marye agayn, that thei myghte be made frendes, and cōe togyther as they dyd before. Ne­ther dooth he commende, that the woman, whyche is sette a sonder from her hosbonde, sholde not ma­ry [Page] agayne, if he wyl not haue her, but this he doothe choose rather, than that she sholde marye again, and vndo the first contract clean. But if sych a casse as this is, had byn putte to Paule, (won fole, hathe made a contracte with an other, a boy and a gyrle togyther, baudes, and whoars made the maryage, wyne and dronkennys were counselars, theye haue by crafte byn thus broughte into a snare / and also if it hadde bynne sayde vnto hym / that the worlde is full of syche mariages, & tha [...] thousandes ar vnhappely / andyl [...] [...]angelyd togither. Besyde that, Theye doo also but make a becke won vppon the other, and thee mariag is made vp if they do but wonse familiarly cōpani togither [Page] after syche sygnes and tokens o [...] loue, yea and also, although they doo not company togyther. And when they are ioyned, theye agre not togyther, so great dyuorsyte and contraryte is in ther condicy­ons, manners, and naturs, that there is betweene them continual braulynge and chydynge, ther is suche greate hatred, as can by no meanes be swaged. The won fea­ [...]eth to be poisen [...]d of the other, the on [...] dreadeth to be murthered of the other and no kynde of mischet ther is, whiche the one dothe not loke for at the others hād, nether of them can lyue without a make, and if they do abyd styl togyther, they be ether of them, doble caste away [...]: and contrarywyse / if theye be set a sonder, and be sufferyd to mary, yet ther is hope that theie [Page] shall bothe be oute of peryll and danger. If syche casses (I saye) were put to Paule, peraduenture consyderyng the cyreumstances of the cause, he wolde make some other answere than he hath made, he wolde somwhat release the ri­gor and streyghtnes of hys fore mar counsayle, and peraduenture wolde otherwyse also and more gentely enterpret, & vnderstonde hys wrytyngs than we do. Or els if that noble womā Fabiola, whō Hyerom in his workes hath shry­ned vp to a perpetual memorye, which was made to do penance in goinge barefote, and wearynge garments of here, bicause she for­soke her fyrste [...]hosbond, being yet very yonge, and maried an other [...]but Hyerom apeareth to shew vn to vs, that her hosbonde dyd vse [Page] her otherwyse, than beeam a man to do, in that he reporteth, that she was forsed to suffer syche things of here hosbond, as no handmai­den wolde abyde of her master. For, yea the bond men myght flie from ther masters, vnto the image of the prynce, if that they were at­temptyd, and prouoked of them, by any shameful act) if this noble woman (I saye) hadd fledde vnto Paule, and had sayde vnto hym Thou wylte not requyre of me (O paule) that I shold abyd with syche an hosbonde, who I canne not obei and plese, except I wold be contente to be made abhomina ble, and worthy to be abhorred of men. Yea I knowe, thou wylte not suffer me to be with sych man ner a man, althoughe I wolde, and I doo nowe fele thee dys­position [Page] of my body, to be such, y^• it were not good nor profitable for me to lyue alone woman. Nor yet wylt thou requyre so greate a gyft, of them, which haue it not. [...]i uen to them of God, which doeste commaunde, that yonge wydose, whiche are lasciuious and wan­ton, should take them husbands. If Fabiola had sayd thus muche or suche lyke words vnto Paule, I thynke she shoulde haue found more humanite / and gentlenes in hym, than she dyd in that byshop, (what soeuer he was) which didde put an innocent & a fautles yong woman, to such an open shame & punyshment, as thoughe she had poisoned her mother, & specially, forsomiche as she did not take an other husbonde in contempte of the bysshops lawe / but thorowe symplycytye, and lacke of wyse­dom. [Page] But if so be any man wyll say that Paule doth speke in this place as tochynge the cause of adultery Paule i'this place meneth not the cause of adulterye / for what cause dyd he not make that same exception, whiche the lorde dyd make, yea wherfore dyd he adde more words vnto the thynge than the lorde dyd, in that he byddethe the woman to conty­newe vnmaryed / wherfore dothe he forbyd y^e man to put away hys wyfe, whom Chryst permytted so to do, if she were an adulteros woman. I do not speake these words to thentent, that we sholde haue a gappe made open, to often dyuorsmēts and separations of maryed persons. But when al manner of wayes and meanes haue bin sou­ghte and attempted for the quyet­nes of the partes, and al in vayn, I wolde wyshe that remedy were [Page] prouyded wherby the person whi­ch hath vnfortunably maried & cā not be with out remedy, mai be pre serued and holpen. Neyther haue we nede any thyng to feare, leaste by this occasyon, euery place of y^• worlde sholde be fylled with dy­uorsments, sythe that, yea among the Eathnyks, the state of matri­mony, was in an honorable esti­mation, and had also ther mutuall dyuorsments, but yet not w^t out a good groūd & consideration.

Wylt thou haue, that ther shal be The remedy against d [...] sement few dyuorces; Fynd some remedy that maryages may not so [...]yghtly be made and knyt vp. Let the par tes go to gyther with iudgmente & good dyscretion, and by the aue­thoryte of the parents, which haue most to do with the matter, as the [...] dyd in the olde tyme amonge the [Page] Hebrewes, the Greakes, the Ro­mayns, and the Barbarous nati­ons. For who was he amonge the Christians, which dyd fetche this at gods mouth that to y^e contract of matrimonye / requyred no more but the consent of the partes? Yea though it wet against the mynds of them, to whom god wold haue chyldren be obedyent and in sub­iection? But this argument, Tho mas of Aquine doth very sleight ly put awaye, saying: She is not Thomas of Aquyne in the power of her parentes as a handmaidē, but as the daughter? Wherfore then, was it not lauful among the Iews, that the dough ters myght marry againste theyr Erasmus doth reason agens [...] Tho mas of A­ [...]ne parentes wyll? And thus muche more doth Thomas add, making a chayne of lyke lynckes, euen as wel (saith he) as the doughter ma [...] [Page] enter into religion without the cō sent of her parents, forsomuch as she is a free woman, & not a bonde woman. The euangell itself doth teach vs, that the chyldren, maye go to the profession of the gospel, although their parents be against them. But here they do not resyst the authorite of the parents, none otherwyse, but when they woulde haue thē to do wickedly. But that the doughter or the son, yea being but yet chyldrē, shuld forsake ther Christen father & mother, to whō they at doble boūd to obey, & giue thē self to y^e ordre of Beuet or Do mi [...]ik, where they may lyue more licentiously, not ponyshed, nor ye [...] more godly than they did before, & also that contrary to al commō la­wes / they shulde exempt thē s [...]fe, from the power of them (to whō [Page] bothe the lawe of nature, and also the law of god and mā, wyl [...] haue them to be in subiection, and yelde vp them selfs (I can not tell to what kynd of people) in to a certa [...] seruytude, that of chyldren, they sholde becom forsaken of ther pa­rents, and the bondmen of other men, I canne not tell, wyth what reason it canne stande. Thys con sitution and ordynaunce, semeth to haue proceded frō the self same persons, whyche ordeyned, that a man myghte forsake hys wyfe, whome he hadde lawfullye ma­ryed, yfhe had not hadde copula­tion wyth here, and make him self a monke, or a friar, & yet shold [...]t not be lauful for y^e yong woman [...] [...]mary any other, before the day o [...] his profession be past, and kno­wen, [Page] and in casse before the daye of profession he dothe go oute of that monastery vnto another, and so from that agayne to an other, so that it were nowe wholl foure yere before he were professed, hys sured wyfe shall continewe al this whyle vnmaried. And fynally if after he hath byn so longe away / he wyll be professed in none of all these foresayde monasterys, but wolde returne to his wyfe agayn she shal be cōpellyd to here great sclander and infamy to haue hym to a hosbond, whiche hath so mani years lyued in a relygious habyt.

This is goodly equyte, & iustice: This is a goodly fauour that is borne to religion, y^e for mans or­dynaunce / the lawe of god shold be broken, wythe thee greatte [Page] iniury & peryl of y^e innocēt, & good yonge woman. And here agayne they do vtter an other poynte of They haue [...] to [...] [...]shly [...] but it [...] the [...]tue [...] [...]ir religi [...] ther crafty conueyance, and al not worth a straw. Monkes at dedde (seye theye) vnto the worlde. And the deth of the body doth dyssolue matrymony, mych more then the spiritual deathe. Althoughe in dede, all Chrysten men hadde not in ther baptysme professed thys deathe / and are not buryed wythe Chryste in that same baptysme. But they do make a greate mat­ter of that, they be wholly addyc­tyd, and yelded vp, although the other chrysten men were not whol ly addyeted, and yelded vp vnto Chryste. Those men therfore why che haue byn the authors, and do­ars of syche ordynances, ether vn derstode not y^• strenght of y^e lawe [Page] of god, or ells theye gaue to mych authoryte vnto mans statuts, and lawes. But to comme to our mat ter, I wolde wyshe, that somyche at the leaste sholde be permytted to the innocente party, whose for­tune, it was to be vnlokkely mat­ched with an vngodly person, as amonge the Iewes, was permyt­ted to the froward bytternes of hosbonds, whyche wolde neuer be pleased, or ells asmyche, as Paul dothe permyt to lasciuios & wan­ton wydowes, for fear leste theye sholde do that thynge whych is more wycked. A woman, whyche is maryed vnto a mā that is cold & vnapt to the conuersation and companye of a woman, is holpen by a certayne condytyon in the lawe, not expressed: and wherfore sholde not the lyke remedy be in [Page] this case? Dyuorsemente (saye they) amonge the Iewes is not a­lowed and praysed, but it is per­mytted onelye. Common places for whoares are suffred amonge the Chrystyans alsoo for the voy dynge, of a greatet inconueny­ence.

But I can not se [...] that anye lyke­lyhode of a verytye is in it, that a Iewe shoulde haue offended, yf he hadde putte awe ye from hym a woman of moos [...] wycked condy­tions, and taken another home a­gayne vnto hym, forsomuche as the lawe dydde openly gyue hym [...]aue, so to doo, v ythoute any ad­dytyo [...], that it was permytted to the hardenes of theyr [...]arte, and that namelye, where as by no na­turall sence and vnderstandynge, [Page] that thynge, myghte be vnder­stonded, whyche we doo interpret and expounde. But yf it was graunted to the hardnes of harte, then is that thynge lawfull, why­che GOD doothe graunte, spe­cyallye, where as, it canne not be proued by anye sygnes, or too­kens, that they are culpable, and blame woorthye them selfe, why­che do take and vse that same per The wo [...] beinge put a way for ani manner of cause in the oulde lawe, might mary but yf she played the whore. she dyed [...] it. myssyon.

But howe so euer theese thynges are, the permyssyon is suche, that the husbande myghte freelye marrye whome he woulde, yea, and the women alsoo, wherefore soeuer they were putte a waye.

For oftentymes, we doo call that thynge lawfullye doone, whyche the lawe dooth not punisshe. But [Page] amonge vs Chrysten men, that same is not only not tollerable, but it is ponyshed, as a greate of­fence, yea somwhat more greuos­ly than the commyttynge of adu [...] N [...]te well. [...] sayenge [...] August tery, although that Augustyne dothe opēly pronounce and declar that it is a greater wyckednes & synne to commyt whordome oute of maryage, than to take an other hosbonde with whome she maye lyue after she is dyuorsed. Nether dothe he saye playnly, that she is not hys wyfe, whom she hath now taken, but, he sayth, that she is [...]a ther hys wyfe, from whome she is gone, than whom she hath taken. But now let vs end thys dyspu­tation, whyche is more lyke vnto a wholl bok [...]. than to a small an­notacion. Nowe be it, I thoughts [Page] good to speke somwhate of these thinges, that those whiche ar stu diose, and lerned, may haue more matter to thinke on. Nether is it my mynde, to haue my iudgment preferred, before them whiche are oure elders, mych lese, before that whiche the holy churche hathe de termyned.

But forsomuch as in my former edition of this my boke of Anno­tacions, I dyd somthyng declare and shew my mynd, what I wold haue done in this matter, whither it was accordinge to reason, or o therwyse, I am sure of a godly af fection, and a good desyre, that no man therfore sholde enterpret and vnderstonde that otherwyse than it was wrytten for, of me, I thou­ghte it mete to declare here againe, what reasons adduced and caused [Page] me, that I shoulde wyssh and de­syre sych a matter to be broughte to pas, if the authorite of the chur che / could be content to alowe it. It greued me much, and I tooke T [...]eresons, whiche mo­ [...] to [...] [...]nge [...] of [...] pytye of them, whom I dyd se ty­ed with suche paynfull bondes, as were vnable to be losed, of y^• which sort I knew very many, but specy ally in England, wher I beganne first to wryght this boke. I consi dered also, that many yeares ago, there were men both of godlye ler­nyng, and of vertuous lyfe / which notwithstondyng the word of the gospel and of Paule, dyd admytt [...] [...] that [...] re­ceiued th [...] word of god and this wic Kednes ten soulde mor [...] dyuorsment: & separation. Beside that, I consydered also, that some thinges myghte be otherwise ex­poūded: than they haue ben hither to. I consydered also that the by­shop of rome had so mych liberty [Page] gyuen to him, that he myghte, in terprete, restraine, lose, dispense yea & also, after some mēs minds, in some things abrogate y^• doctrie of the ghospell & of the Apostells at his own pleasure. I considerid beside this, that yea in oure days, matrimony myghte be dyssolued, although it had bin confyrmed bi y^• copulatiō of the partes, if ether of thē had bin deceauid in the per son, or in the qualyte of the person taking Thou for Wyllyam, or a bondmā, whershe thought he was fre. I perceaued also y^e for falling into heresy it is vndon, although matrimonye was neuer so strong ly cōfirmed, & wel knowē of al mē to be perfect matrimony. I percea ued besyd this, y^e for y^• professiō of an order inuēted by mā for y^e chan gynge of wone garmente into an [Page] other, the lawful husbonde is de­pryued of his lawfull wyfe. I per ceaued againe, that by the byshop of rome, those persons were made vnhable, whom nether nature, nor yet the law of god, at anye tyme e­uer had dy [...]habeled, consideryng therwith, that the same aucthorite and power, may dyssolue the con­tracte of matrimony, whiche may forbyd, that they shal not go toge ther in matrimony. [...] consydered also with my selfe, that the scryp­ture is perplex and doubtfull, as wel in thys, as in some other thin­ges. I dyd se agayne, that thould expositours, whiche were exelent­ly learned / dyd dyff [...] sometyme frōm them, whiche are writars of latter dayes. I dyd wey with my selfe, howe greate authorytie was gyuen of Chryst vnto the church; [Page] wherto he gaue the keyes of the kyngedome of heauen. I dyd also remember wel, that the church had Note to [...] om christ did geue the [...] with her the spirit of her spouse, & that nothynge coulde be done a­mys, that by that spirit should be ordeyned to the health of man. I considered also: with howe greate clemency and pitie, the byshop of Here w [...] [...] goodly mo [...] for th [...]bishop y [...] [...] [...]oly [...] wolde [...] seen [...] come doth succour and helpe, yea those which are tormented, with y^e paynes of hell, yf they be not con­demned for euer. And me thought that I myght also wysshe and de­syre, that some helpe shold be foūd for them, which were many ways in this lyfe, put to payne and tor­ment / not without great daunger and peryl of their soules, without any of their deseruynge. I per ceued also, that their obiections a gainst vs, may lyghtly be put of [Page] withoute any preiudice of our re lygion. I consideryd also that the [...]asons whiche bothe the olde & [...]he newe wrytars, do bryng in for thys cause for them, at not so vr­gente and stronge, that they shold bynde al men to sy [...] a violente, and s [...]yght necessyte. And ther­fore a godly and a christian loue beinge stytred, & prouoked wyth these consyderations, caused me to leye this matter before them, which do se farther, and more, thā I do, that they myghte study, and weye amonge them, if by any mea nes they maye fynd that the wor­des of the ghospell, and of the a­postel, myght be despēsyd w^t, for the commodyte and helthe of ma ny, for the whythe entent, all thin ges are wryttē vnto vs yea wher vnto Paule hym selfe doth often [Page] tyms somewhat wraste the holy scrypture hymselfe. But if thys cā not be brought to passe, whych I wyshe myghte be, yet am I sure that this order may be taken, that maryages shall not, so sleyghtlye and vnaduisedly be made, contra­ry to the maner of the eldars, and agaynste all naturall equyte, and reason. For, if the byshop of rome maye decre, that matrimony shold not be contracted betwen persons whiche are of the thyrde degre, & that it is no matrymony / yf lyche persons go togyther, after the sāe manner, it maye be enacted, that these persons, whyche are in thee power of other mē nether yet yōg men & maydens nether dronkar­des, nor foles, going togyther w^t out the counsel of ther eldars, but onlye p [...]ycked therto, by whoars, and baudes, w^tout any manner [Page] of good consideration or wytte, sholde ether be suffred to marrye: or beyng marryed, should be tho­ught laufullye married. And y [...] they wyl go this waye to worke: there shal not be so manye myser [...] ble knottes, so faste knyt, as there at now of dayes.