The common places of the most famous and renowmed diuine Doctor Peter Martyr diuided into foure principall parts: with a large addition of manie theologicall and necessarie discourses, some neuer extant before. Translated and partlie gathered by Anthonie Marten, one of the sewers of hir Maiesties most honourable chamber.

Of the reconciliation of man and wife after adulterie committed.

39 The ciuill lawes are verie much against the reconciliation of the husband and the wife, * 1.1 after adulterie is committed. * 1.2 For in the Code Ad legem Iuliam de adulterijs, in the lawe that be∣ginneth Castitati nostrorum temporum, it is ••e∣créed; that If a man shall bring home againe his wife, being condemned of adulterie, he dooth incur the crime of brothelrie. * 1.3 And in the title of the lawe Crimen, we read, that he which shall re∣teine in matrimonie his wife being an adulte∣resse, he may not accuse hir of adulterie. Not∣withstanding, it was afterward, by a new lawe otherwise prouided. Neither was it a light mat∣ter for one to be condemned of brothelrie: but it was euen as heinous, as if a man should be condemned of adulterie. Yea, and if so be that a man reteine with him a woman condemned of

adulterie, he himselfe without an accuser maie be condemned of adulterie. And if a man shall bring hir home againe, whom he hath put away, he cannot accuse hir of the adulterie, which she had before committed. But of an other adulterie he may; sith in bringing of hir home againe, it séemeth that he allowed of hir conditions. And if anie woman be condemned of adulterie, none may take hir to his wife. Wherefore the ciuill lawes doo vtterlie mislike of reconciliation after adulterie committed; so that it be conuicted and condemned. For if there should be but onelie a suspicion thereof, it may be lawfull for the hus∣band to reteine hir with him, and to accuse hir being suspected. And if he shall afterward per∣ceiue that he was led with vaine suspicion to ac∣cuse hir, he may desist from his purpose: so that he first obteine a discharge from the iudge.

Ierom, vpon the 19. chapter of Matthew, may séeme to hold with the ciuill lawes: for he wri∣teth, that she, which hath diuided one flesh to an o∣ther man, or other men, must not be reteined; least the husband become vnder the cursse. For as it is written in the 28. chap. of the Prouerbs; He that keepeth an adulteresse with him, * 1.4 is vn∣godlie and foolish. So indéed the 70. interpre∣tors did expound it: but the truth of the Hebrue text hath it not. The same Ierom saith: If there happen anie sinne to be, it dooth not staine ma∣trimonie; but if adulterie happen, now is not the wife lawfull. And in the 32. cause, question the 1. the words of Chrysostome are recited; If a man haue the companie of an adulterous wife let him repent. The same father, vpon the 26. chapter of Matthew: Euen as he is vniust, which accuseth an innocent; so he is a foole, which retei∣neth an adulteresse. And the verie same sai∣eng we haue in the Decretals De adulterijs, in the chapter Si vir sciens, and it is the Councell of Arles; A man which reteineth an adulteresse, is partaker of the crime. Also: If a woman, being put awaie, should be married to an other, al∣though hir latter husband be dead; she may not returne to the first, for she is now become vn∣cleane vnto him; as we haue it in the 24. chap∣ter of Deuteronomie. * 1.5

* 1.6 40 But now passe we ouer these things, and let vs sée the reasons, which make for reconcilia∣tion. That most mightie and excellent God of ours would be the spouse of his church, and that not onelie in this our age, but also in the daies of the fathers. Howbeit, the church, speciallie in old time, did oftentimes decline vnto idolatrie, and plaid the harlot with the gods of the Gentils; as we may read in sundrie places, in the booke of Iudges, and in the historie of the Kings, and in the Prophets. * 1.7 Yet neuerthelesse, Ieremie, in the name of God called hir home, that she might re∣turne againe to hir husband. And euen so did the prophet Ose, and that with manie spéeches. * 1.8 And if God be readie to receiue his adulterous wife, man ought also to be reconciled vnto his wife; especiallie, if she fall from hir error, and repent. For how manie so euer be Christians, they professe the following of God. There is ex∣tant an example of Dauid, * 1.9 which brought home againe his wife Michol; although she had béene bestowed by the father to an other man. * 1.10 Iustini∣an also in his Authentiks, when he comman∣deth an adulteresse to be beaten, and closed vp in a monasterie; yet dooth he giue leaue vnto the husband to take hir vnto him againe, if he will, within the space of two yeares; and so dooth most manifestlie allow of reconciliation.

Augustine, in his second booke vnto Pollenti∣us, * 1.11 laboureth verie much in this, to haue them reconciled. For in his time there were manie, which would not take their adulterous wiues, as they which were now spotted and polluted. Wherevpon he wrote; But doost thou thinke hir to be polluted, whom baptisme and repen∣tance hath purged, and whom God hath made cleane? She ought not to séeme polluted vnto thée. And if that she be alreadie reconciled by the keies of the church, and admitted into the king∣dome of heauen; by what right maist thou re∣pell hir from thée? In the 32. cause, question 1. these words also are written; If she be fallen, thou maist knowe, that to fall is common a∣mong men: and mercie ought to be shewed to hir, if she be risen againe. For the same would we haue doone vnto vs. And extreame lawe is extreame iniurie. In the Decretals De adulte∣rijs & stupris, in the chapter Si vir sciens, we read out of the Councell of Arles; An adulteresse, if she be penitent, ought to be receiued. The Glosse in that place asketh, by what lawe or right she should be receiued? It answereth: Not of neces∣sitie; bicause the man cannot be compelled whe∣ther he will or no to take hir. Wherfore he ought by the lawe of honestie to bring hir home againe.

But I would aske the question; Ought he not to take hir home, by the dutie of godlinesse, and precept of God, when as Paule saith vnto the Philippians; Doo whatsouer things be honest & iust? * 1.12 And so the necessitie of the cōmandement taketh place therein. Howbeit, the Glosse ment there, of the outward lawe of pleading; where∣by no man may be constreined to take an adul∣teresse againe. But in the Canon now cited, is added; Not often: for if she fall often into adul∣terie, she should not be receiued. The Glosse there obiecteth Christ against himselfe, who be∣ing demanded, How oft a man should forgiue his brother, when he sinneth against him, answe∣reth; Not seuen times onelie, * 1.13 but seuentie times seuen times. Vnto this he saith, that the words

of the canon must be vnderstood; that when the adulteresse dooth so often straie, the church shall make no intercession for reconciliation; part∣lie, bicause there would be a windowe opened vnto wickednesse; and partlie, for that it is thought to be but a feined and counterfet kind of repentance. Also there is added another an∣swer; namelie, that it is spoken for terror sake, that the people might not sinne too boldlie and licentiouslie. Hereby it is gathered, that the church ought to make intercession for repen∣tance, to the intent there might be a reconcilia∣tion. Wherefore, the adulteresse either sheweth tokens of repentance, or else sheweth none: if she shew anie, the church ought to make inter∣cession for hir, that there may be a reconciliati∣on; but if she shew none, intercession of the church shall not be vsed: otherwise it might be thought to be a supporter of sinnes.

* 1.14 41 Now must we make answer vnto the ar∣guments, which séemed to be a let vnto reconci∣liation. As concerning the ciuill lawes, they must be amended by the word of God. Ierom and Chrysostome speake of the adulteresse, which will not repent. And this is plainelie per∣ceiued by the Councell of Arles. For so it is there: * 1.15 A man, which reteineth an adulteresse, is partaker of the crime; yet neuerthelesse, if she repent, let hir be receiued. But why the lawe of Moses would not suffer, * 1.16 that a wife, being once put awaie, should returne to hir first husband af∣ter the death of the second, the cause may easilie be shewed. For if he had permitted this, diuorse∣ments would soone haue béen admitted; in hope that the wife should at one time or other reco∣uer hir husband againe. God would, that she, which was once put awaie, might not returne anie more; least she should be put awaie vpon small occasion. There might also haue béene li∣eng in wait for the latter husband; that the wife, when the latter were taken awaie, might re∣turne againe to the first. Wherefore the lawe of God was most equall, which perteineth not vn∣to adulteresses, whom by the commandement of God, it behooued to stone vnto death. By these things now it appéereth, that it is lawfull for the husband to returne againe into fauour with his wife, that hath béene an adulteresse; so that she be penitent: who neuerthelesse ought to accuse his wife of adulterie, if the crime be openlie knowne; or if she doo perseuere in wickednesse, or else if the issue be borne by adulterie, least the lawfull heires should be defrauded. For vnlesse that accusation should be a remedie, a man might not disherit his child borne in adulterie. Further, the church may make intercession, and deale with the husband, for to bring home his penitent wife againe. So as our Leuit must not be blamed, for receiuing of his adulterous wife into fauour; if so be that she did repent hir of hir adulterie.

Notes

• * 1.1

  In Iudges. 19, vers. 10.
• * 1.2

  The ciuill lawes are against re∣conciliation after adul∣terie.
• * 1.3

  Looke be∣fore art. 27. and 28.
• * 1.4

  verse. 23.
• * 1.5

  verse. 4.
• * 1.6

  Reasons which make for recon∣ciliation.
• * 1.7

  Ierem. 3, 1.
• * 1.8

  Ose. 2, 19.
• * 1.9

  2. Sam. 3, 14
• * 1.10

  Iustinian.
• * 1.11

  Augustine.
• * 1.12

  Phil. 4, 8.
• * 1.13

  Matt. 18, 22.
• * 1.14

  An answer to the rea∣sons on the contrarie part.
• * 1.15

  The Coun∣cell of Arles.
• * 1.16

  Deut. 24, 4.