And when there passeth any bond betweene man and man; let it bee indifferent for both parties, so as either of them may feele himselfe releeued. Thus ye see one point more which we haue to beare in minde vpon this place.
Nowe heere a man might damaunde howe it comes to passe that GOD woulde haue the brother whichsoeuer liued to take the wife of him that was dead, seeing that such marriage was not lawfull, as wee see in the eyghteenth [ 10] chapter of Leuiticus. Seeing it was incest for one to take his brothers wyfe after his death, howe happeneth it that GOD not onely permitteth, but also inioyneth it? The Iewes confesse that this is not spoken of bre∣thren in the first degree, that is, of borne bro∣thers as wee call them, but rather of such as were further off of kin; and the verie woorde it selfe also doeth properly extend no further than to such as might contract marriage together. [ 20] In deede in the example which wee haue afore alledged, the brethren which were of the first degree tooke Thamar to wyfe, and GOD roo∣ted them out for their filthinesse; but the Lawe was not yet made. And in the East Countrey they had no great regard of honestie, but beha∣ued themselues lyke beastes in marrying, in so much that they made no conscience to couple the brother and sister together like dogges and b••••hes. There was (I say) such wickednesse vsed [ 30] in that Countrie, yea euen among the kinges and Princes. In deede they be the persons which take vnto themselues greatest leaue and libertie in this behalfe: but the common sort (as I tolde you) did the like too. And according to this com∣mon custome Iuda (after the death of his eldest sonne) gaue his second sonne also vnto Tha∣mar. And herein wee see the rather, what it is to bee caryed away by custome. When wee haue no other consideration than to doe according [ 40] to the custome which hath beene maintained a∣foretimes among men, we fal into horrible con∣fusion: & when one followes anothers fashion af∣ter yt sorte, there is no rule. But whatsoeuer men do, let vs learne to behaue our selues according vnto the wil of God, and not turne either to this side or that side, but abide stable and constant in that which God liketh of. That is ye thing which we must beare in mind, when we see that things haue bin so farre out of square through out the [ 50] world, and that the fathers of old time haue bin blemished with them: for when wee dwell in a lawlesse Country where euery man hath the bri∣dle laid on his neck and may do what him liketh, we be then as in a tempest or in a whirle winde, a man cannot stay himselfe but that the winde will driue him to and fro. The like force hath euill custome; and therfore we ought the more as it were to imprison our selues vnder the obe∣dience of God. [ 60]
Let vs nowe returne vnto this present law. It is sayde that the next brother shall take the wife of his brother deceased, without Children. When wee heare the woorde Brother, accor∣ding as the Hebrewes also take it, wee may not restraine it vnto this first degree of borne brother: but of cousēs both in ye first and second degree, as wee cal thē which are brothers & si∣sters children. For ye Iewes do vse this word Bro∣ther generally, and not as wee doe: and there∣fore one lawe must bee conferred with an other. For when it is sayde: Let the brother take the wife of him which is deade: It is to bee vnder∣stoode so farre forth, as it is lawefull and per∣mitted, and so farre foorth as GOD hath establyshed the degrees of marriage: so as incest bee neuer committed. Nowe wee haue the meaning of the law.
And it is sayde expresly: If the brethren dwell together. For that a woman when shee taketh an husbande in an house, should binde her selfe in bondage generally vnto all the kindred, were against reason: and bondes as we as al other lyke things, ought to bee boun∣ded within some measure. Where thinges are set downe without limitation, there follo∣weth confusion by and by. If a man should by his last will appoint so many heyres as could not be numbred; and therewithall would haue his will to endure vnto the ende of the worlde; what a confused thing were that? As much is to bee sayde of other like thinges. And therefore if a woman should be bounde to marrie in a house till the whole kindred had re∣fused her: in what a straunge case were shee? But heere it is spoken of those kinsmen which are nigh at hande, euen of such as dwell to∣gether, that they may bee knowen. For if a wo∣man shoulde bee bounde shee wotteth not vnto whome, and constrayned to take one which she neuer sawe: shee should be kept vnder too cruel bondage, and there were no reason in it. And therfore our Lord meant to limit this law with∣in certaine bonds.
It followeth, That the woman shall make hir re∣quest to bee prouided for. Not that shee was to beginne to seeke hir an husband; for it pertay∣ned vnto the next of the kinne to come and de∣maunde hir for his wife. But in this place the case concerneth the setting of the woman at li∣bertie. For if none of the kinne would haue hir, shee was to take hir leaue after this manner, by offering hir selfe to accept the condition which God had ordayned hir. For when a man is bounde vnto any condition, and is desirous to bee ridde of it, and to set himselfe free; he must offer himselfe to doe his duetie so as men may vnderstand that it was not long of him, that the former bond stoode not still in force. The thing then which God hath ordayned in this place is, That the woman shall come vnto the Elders of the Citie, that for as much as none of the kin would take hir, they myght see shee was ready to doe hir duetie, and that thereuppon shee myght prouide for hir selfe, where GOD would ap∣poynt her. And therefore shee was to come be∣fore the Iudges and to cause the next of the kinne, (that is to say, him which might lawfully take hir to wife,) to bee called: and the Iudges were to doe what they coulde to perswade him.
For our Lorde meant not to compell men to take those women, although hee might iustly