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.

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Title
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.
Author
Vermigli, Pietro Martire, 1499-1562.
Publication
[Imprinted at London :: In Pater noster Rovve, [by Henry Denham and Henry Middleton] at the costs and charges of Henrie Denham, Thomas Chard, VVilliam Broome, and Andrew Maunsell,
1583]
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Subject terms
Theology, Doctrinal -- Early works to 1800.
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"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A14350.0001.001. University of Michigan Library Digital Collections. Accessed May 23, 2024.

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The eleuenth Chapter. Of Whoredome, fornication, adulterie, and other noisome things, which are contrarie to the seuenth commande∣ment.

NOw I thinke it good to speake somwhat of whor∣dome or fornication. For as there were manie in old time, so now there are not a few, which af∣firme, that it is no sinne. But I will prooue by the scriptures, and by most certeine reasons, that it is a gréeuous sinne. They which extenuate this wicked crime, doo ground vpon diuers argu∣ments. First, in the Acts of the apostls, the 15. chapter, when in those first times there arose a dissention among the Iewes and the Graecians, it was by common assent decréed, that the Eth∣niks should absteine from bloud, from strang∣led, from things offered vnto idols, and from fornication. Héere (saie they) whoredome is rec∣koned among those things, which in their owne nature are not sinnes: wherefore it appéereth, that of it selfe it is not sinne. For these things were then for a time decréed by the apostles, that Christians might liue peaceablie together. For No creature of God is euill: as Paule vnto Ti∣mothie saith. Furthermore, they saie, God would not command that, which of it selfe is sinne: but he bad Oseas the prophet, to take vnto him an harlot, and to beget children of fornication; so that of it owne nature it séemeth not to be euill. Moreouer, euerie sinne is against charitie: ei∣ther against that charitie, which we owe vnto God; or else that, which we owe vnto our neigh∣bour. But in whoredome or fornication, there sée∣meth to be nothing committed against God; for his honour and religion is not hurt: neither al∣so against our neighbour, for there is no vio∣lence vsed against his wife; neither is there anie wrongfull oppression committed.

Moreouer, Augustine in his booke De bono coniugali, writeth, that as meate is vnto the bo∣die, so is the bed for procreation. But if a man eate and drinke a litle more than he ought, he is not accused of sinne: so likewise, if a man doo straie a litle in the companie of women, he is not to be iudged guiltie of sinne. Lastlie, those things, which God hath forbidden as sinnes, are so plaine and manifest, that euen by the light of nature, euerie one may vnderstand them to be sinnes: but fornication, in mans iudgement, is not so accounted; and manie thinke that it is no sinne. Mitio in the Comedie in Terence saith; Beléeue me it is no wicked act for a yoong man to commit fornication. And there wanted not some in the church of Corinth, which were of that opinion. So as by these reasons, the filthinesse of whoredome is so extenuated, that either it is not counted for sinne; or else thought that it should be reckoned among the least sinnes.

2 We must not haue a respect vnto the rea∣sons of men, but vnto the word of God; not what men thinke or iudge, but what the holie Ghost speaketh in the holie scriptures. In the prophets, and in Salomon there is detesting of fornication in euerie place: but in the lawe they saie there is nothing decréed against it. Séeing they will re∣son by the lawe, I also will bring testimonies out of it; whereby it may easilie be vnderstood, that fornication is forbidden. In Leuiticus, in the booke of Numbers, and in Deuteronomie, the Iewes are forbidden to linke themselues vnto strange women. Againe, in Deuterono∣mie the 25. chapter, it is commanded, that there should be no harlot nor common woman in Is∣raell. Let these places be compared togither. It was not lawfull to haue anie harlots, neither strange women, nor yet women of Israell: Therefore they were all forbidden. But some will saie, How then had Samson fellowship with an harlot? Some of the Hebrues answer, that she was not an harlot, with whom Sam∣son had fellowship; but one that kept a vitling house. But forsomuch as that is but a weake an∣swer, me thinketh that an other answer must be made. The publike weale of the Hebrues was at that time corrupted: for they liued then vn∣der the Philistines. Neither is it anie maruell, if they had then receiued some of their vices and corrupt maners. Wherefore, some harlots they had; howbeit, not by reason of their owne laws, but through the vse and conuersation of the Phi∣listines.

3 But in the new testament, whoredome is openlie and manifestlie forbidden. To the He∣brues it is thus written; Adulterers and forni∣cators the Lord will iudge. The Lord is not said to iudge and to auenge, except it be for gréeuous sinnes. And to the Ephesians, not onelie coue∣tous men and idolaters, but also fornicators are excluded from the kingdome of God. To the Corinthians also, where Paule writeth of ex∣communication; I speake not (saith he) of all sorts of fornicators, but if anie brother be na∣med a fornicator, with such ye shall not so much as eate. But he treateth much more manifest∣lie of all this matter, in the sixt chapter of the same epistle, and that of verie purpose. For ma∣nie (as it is said) were of an euill opinion as tou∣ching this kind of wickednesse. First (he saith;)

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Meate is ordeined for the bellie, and the bellie for meate, but God shall destroie both this and that; now the bodie is not for fornication, but for the Lord. Moreouer, all meate of his owne nature is pure; but for the offense of our neigh∣bour, we ought sometimes to absteine. Howbe∣it, some man might saie; Meate is necessarie to liue by. It is (saith Paule) in this life, but in the blessed resurrection God shall destroie both the meate and the bellie. Wherefore, thou must not so much estéeme it, that for such a cause thou shouldest offend thy brother. It is not comman∣ded, that thou shouldest absteine from all meate generallie, but from that onelie, whereby thy weake brother is offended. But as touching for∣nications (saith he) of which ye make small ac∣count, there is a far other respect; Your bodie is not appointed for fornication, but for the Lord.

And this must not be passed ouer, that Paule with great wisedome saith not, that the bodie is not giuen for procreation, but that it is not gi∣uen for fornication; sith the bodie is also giuen for procreation sake. Oftentimes men are woont to excuse their faults, and to impute them vnto nature. The nature of the bodie (saith he) is that it may be giuen vnto the Lord: so then the rule of life must be taken thereby, and not by euill examples. This is the nature of relatiues, not onelie of those relatiues, which in the selfe-same thing that they be, belong to other; but al∣so of those, which by anie meanes are referred to another thing: as the head vnto the bodie, and likewise the bodie vnto the head. For when we sée the head, we straitwaie require the bodie: and againe, when we sée the bodie, we require the head. Such relatiues, as the Logicians saie, are called Secundum dici. The Lord is the head of the bodie of the church, and the church is the bodie of his head. Wherefore Paule, both wiselie and pi∣thilie disputeth, when he saith; The bodie is not made to this end, that it should pollute it selfe with lusts, but to be correspondent vnto the head, and to be conformable vnto it. And he ad∣deth; God, which hath raised vp Christ, shall raise vs vp also by his power. The first argu∣ment was taken from relatiues, the second from God himselfe. For if he shall raise vp our bodies, as he hath raised vp Christ, why then doo we shamefullie vse them? He procéedeth fur∣ther, and saith; But doo you not knowe, that your bodies are the members of Christ? Shall I then take the member of Christ, & make it the mem∣ber of an harlot? Vndoubtedlie a weightie ar∣gument, which he concludeth; Shall I take (saith he) the member of Christ? As though he should haue said; No without doubt: for this were to rent in péeces the bodie of Christ. And it is a most cruell thing to plucke awaie the mem∣bers from a liuelie bodie, and to ioine them to a rotten or dead bodie. But herein the strength of the reason dooth consist; Christ cannot commit fornication; wherefore, if thou wilt commit for∣nication, thou must be first plucked from Christ. Here is shewed, that fornication is not onelie a sin; but also a deadlie and most gréeuous sin, bicause it plucketh vs awaie from Christ.

4 Afterward he addeth; He which coupleth himselfe vnto an harlot, is beecome one bodie [with hir:] for they shall be two in one flesh. And he, which is ioined with God, is one spirit. This place is verie full of consolation: forso∣much as it declareth, that we are ioined most nigh vnto Christ, from whom we must néeds be plucked awaie, before we be made the members of an harlot. He, which cleaueth vnto an harlot, is become one bodie with hir: for they shall be two in one flesh. The apostle séemeth at the first sight to abuse the words of Genesis, in trans∣ferring them to whooredome, which be spoken of matrimonie. For these words were first spo∣ken of Adam and Eue: bicause the flesh of Eue was before in the flesh of Adam, from whom GOD tooke a rib, and made thereof a woman, which he againe ioined vnto Adam, to be with him one flesh. But in verie déed the apostle abu∣seth not this sentence, forsomuch as whooredome is a certeine corrupting of matrimonie: sée∣ing one matter; namelie, the coniunction of the flesh, is common to both. For bodies are com∣municated as well here as there. So as Paule had a respect to that, which is common to them both, when as yet there is this difference be∣twéene them; that in whooredome the coniuncti∣on is against the lawe of God: and therfore for∣nicators must be pulled one from another, o∣therwise there is left no hope of saluation for them. But in matrimonie the knitting togither is brought to passe by God, and therefore it is become an indissoluble knot. Séeing then the coupling togither is all one, and the selfe-same in either of them; Paule did rightlie applie that sentence to whooredome. He that cleaueth vnto God, is one spirit. These words serue much for this present matter: for if we be with God one spirit, we must with earnest labor flie from thse things, which he hath forbidden. Wherefore apt∣lie hath the apostle added; Flie from whoordome. He saith moreouer; Euerie sinne, which a man committeth, is without the bodie; but he, which committeth whooredome, sinneth against his owne bodie. If the arguments, which I haue brought before, doo not mooue you; at the least∣wise haue a regard to your owne bodie, the which you séeme to hate and contemne, when ye commit whooredome.

But it may be demanded, how other sinnes be without the bodie; and how by fornication we sin against our owne bodie? For we doubt

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not, but he which is verie angrie, nourisheth and augmenteth choler: whereby the bodie is not a little hurt. Sicknesse also dooth verie much wea∣ken the bodie: wherefore Salomon saith; A sor∣rowfull spirit drieth vp the bones. Againe, droon∣kennesse and gluttonie doo hinder health, and doo in a maner vtterlie destroie the bodie. Yea and enuious persons doo séeme also to sinne a∣gainst their owne bodie: for thou maist perceiue them to be dried, withered, and in a maner dead with leannesse. How can it then be, that other sinnes are without the bodie? Some saie that fornicators doo sinne against their owne bodie; bicause verie manie times, through the compa∣nie, which they haue with whoors, they are infected with the pocks, and with leprosie. But let others saie what they will: I had rather thinke, that the apostle had respect vnto those things that went before; in so much as he had said, that the forni∣cator is made one bodie with an harlot. And he séemeth to sinne verie gréeuouslie against the worthie state of his bodie, who maketh it all one with the most vile and filthie bodie of an harlot. For if anie king or prince should marrie a wife of a simple and base degrée, it will be said, that he hath stained his kindred. I knowe there be some, which thinke that these words are spoken hyperbolicallie: bicause there be found other sinnes also, which hurt the bodie; but this sinne dooth most gréeuouslie and most of all hurt it.

5 The same Paule dooth yet further argue; Doo ye not knowe that your bodies are the tem∣ple of the holie Ghost? And assuredlie, he which destroieth the temple of God, him will God de∣stroie. As if he had said; Ye haue not your bodies of your selues, but of God; God hath made them his temple, & the holie Ghost dwelleth in them; ye are not your owne: wherefore ye doo not a lit∣tle violate iustice, in defiling the thing that be∣longeth to an other. Ye are bought with a great price, glorifie therfore God in your bodie. These arguments of Paule are excellent, and of verie great weight: wherwith if anie man be not well satisfied, let him looke vpon Samson. He was no idolater, no murtherer, no théefe; and yet was he taken, bound, his eyes put out, cast into pri∣son, and compelled there to grind, as if he had béene a foure-footed beast. Paule by manie argu∣ments laboureth to prooue whordome to be sinne. And no maruell, séeing he then wrote to the Co∣rinths, who at that time excéeded others in for∣nications: whereof came the prouerbe; Non cu∣iuis Corinthum; that is, It is not méet for euerie man to go to Corinth. And generallie, all the Ethniks were in an ill opinion touching this vice. For which cause, when the church was yet in growing (as Eusebius testifieth in the 3. booke of his historie, the 29. chapter,) The Nicolaits did openlie and manifestlie commit fornication and fathered the custome of their naughtinesse vpon Nicolas the deacon.

Howbeit Clemens, bishop of Alexandria, in his Stromata, dooth excuse Nicolas; for he saith, that he neither thought nor taught anie such thing. But hauing a verie faire woman to his wife, and was thought to be gelous ouer hir, he brought hir foorth before the people, and said; This is my wife. And that ye might vnderstand that I am not gelous ouer hir, I am content for my part, that anie man take hir to wife. Which also he ment, so farre as the lawe of God would suffer. Howbeit, they which were after∣ward called Nicolaites, vnderstanding his words peruerselie, supposed him to thinke, that wiues among Christians ought to be common. Of this sect it is written in the Apocalypse; But this thou hast, bicause thou hast hated the doo∣ings of the Nicolaites, which I also hate. So that it is no maruell, if Paule tooke so great paines, to teach that whoredome is sinne.

6 This mischéefe is an enimie vnto matri∣monie, séeing they which follow wanton lusts, & harlots, are enimies vnto marriage. Whervpon Terence saith; They which loue, can ill abide to take a wife. For which cause Clemens saith, that Whoredome leadeth from one matrimonie vnto manie; that is, from one lawfull coniunction, to manie vnlawfull & wicked. The epistle to the He∣brues ioineth fornicatours with adulterers, & te∣stifieth, that God will iudge them. And these two vices are so ioined togither, that they are com∣prehended in the selfe-same precept, wherein it is said; Thou shalt not commit adulterie. Also this pestilent vice is repugnant both vnto charitie, and to the publike weale. Vnto charitie (I saie;) bicause the fornicatours doo iniurie vnto their children, who not being lawfullie procreated, are scarselie at anie time brought vp honestlie and vertuouslie. And they hurt the Common-wele; bicause they defraud it of good citizens. For Manzer, a bastard I meane, and one borne in fornication, is forbidden to be receiued into the church: not that he is restrained from the holie communion, or from the mysteries of saluation; but bicause it is not lawfull for him to rule the publike weale, and to be numbred among citi∣zens. Some thinke, that this euill would be re∣medied, if a man might kéepe a concubine at home: so (saie they) the issue shall be certeine. Certeine perhaps it might be, but lawfull it shall not be. Séeing therefore that this mischéefe is both against matrimonie, and charitie, and also the publike weale; it cannot be denied, but that it is a sinne most gréeuous.

And for so much as it is so; whie are the stews at this daie openlie suffered in cities? I speake not of the Ethniks, I speake of the Christians; and of those Christians, which will alone séeme

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to be the successors of Christ, and to be called by that name. Within their dominion whooredome is most shamefullie mainteined, they not onelie being willing vnto it, but also taking aduan∣tage and reuenues for the same. That which is against the word of God, against matrimonie, against charitie, and against the publike weale; either it is no sinne at all, or else it is a notable sinne. If it be a sinne, why is it not taken awaie, and wéeded out? Howbeit, I knowe what they will babble. They bring foorth Augustine, who in his booke De ordine, writeth thus; Take awaie brothell houses, and all places will be filled with filthie lusts. But let vs consider at what time Augustine wrote this booke. Doubtlesse, while he was yet Catechumenus, that is, vnbaptised, and not sufficientlie instructed in religion. And although he had not béene Catechumenus, yet this saieng of his dooth not agrée with the word of God, neither with verie Augustine himselfe: who in another place affirmeth, that the good, which commeth of euill, as a recompense, must not be admitted. Which also Paule vnto the Ro∣mans taught, euen as they were woont to saie of vs; Let vs doo euill, that good may come ther∣of, whose damnation is iust. We must neuer haue regard to the end and euent, when we be vrged by the commandement of God. Some∣times men saie vnto vs; Vnlesse thou commit sinne, this or that euill will succéed. But we must answer what God hath commanded; the care of the successe shall rest vpon him. Neither is it méet, that one onelie sentence of Augustine should be of greater authoritie, than so manie reasons, which we haue brought, and so manie plaine places of the word of God.

7 God commanded absolutelie, and by ex∣presse words, that there should be no harlot in Is∣rael. But some go about to wrest this place from vs, in saieng that these Hebrue words, Ke∣descha and Kedeschim, signifie not Whoores or Harlots; but rather the priests of Priapus, which were vowed and consecrated to things most fil∣thie. But contrariewise, I thinke, that Kedescha signifieth an Harlot; and Kedeschim, Buggerers and effeminate persons. God would haue nei∣ther of those suffered among the people. And that, which they obiect of the holie seruices of Pri∣apus, it is nothing. For it was sufficientlie be∣fore decréed touching idolatrie: and what néed it to be repeated againe? Yet that we may the more manifestlie vnderstand, that Kedescha sig∣nifieth an Harlot; let vs read the historie of Iuda and Thamar in the booke of Genesis; and there we shall sée, that Zonah and Kedescha, are taken both for one and the selfe-same thing. For which cause we must note, that there are certeine words, which may be taken both in the good and euill part. Of which sort among the Hebrues, is this word Kedescha, which signifieth, both Holie, and also an Harlot: euen as is this word Sa∣crum among the Latins, & it signifieth curssed. And therevpon Virgil saith; Auri sacra fames, that is; The curssed hunger of gold. This Hebrue word Kedes, is To prepare, or To be prepared: whereof is deriued that word, which signifieth an Harlot; bicause such women are prepared and set readie for all men: or else, bicause they are woont to go trimlie decked and painted. Wher∣fore Clemens saith, that The Lacedaemonians suffered harlots to weare wrought garments, fine apparell, and gold: which things were not lawfull for matrons to vse.

Now let vs sée what followeth in Deuterono∣mie; And the hire of an harlot shall not be brought into the sanctuarie. Here againe the lawe calleth that Zonah, which it had before cal∣led Kedescha. But thou wilt saie; If the lawe would not haue harlots to be suffered, what née∣ded it to haue forbidden their oblations? What néeded this lawe? They which speake on this wise, doo séeme indéed to speake wittilie; but yet they speake not sufficientlie. For foreine nati∣ons also sent gifts for the furniture and vse of the temple. The Eunuch of the Quéene of Ae∣thiopia came to Ierusalem, to offer in the tem∣ple. The Macedonians and Romans gaue yéere∣lie oblations and sacrifices in the temple. Wher∣fore the lawe forbiddeth, that if anie thing be of∣fered by strangers that is gotten by the gaine of an harlot, the same should not be admitted into the sanctuarie. Besides this, God had giuen a charge, that there should be no harlot in Israel: but he knew that they would not obserue that lawe. And when the Philistines, Macedonians, and Romans reigned ouer them, they had har∣lots. Yea and Christ maketh mention of har∣lots and publicans togither. Then right well dooth God first forbid, that there should be no har∣lots among the Hebrues: and afterward he de∣créeth, that if in case they were had, the gaine comming of them, should not be admitted into the sanctuarie. Which vndoubtedlie he comman∣ded, bicause of the vilenesse and filthinesse of the gaine. In the same place he added; The price al∣so of a dog shall not be brought into the sanctu∣arie: bicause that beast is fowle and vncleane.

8 Caligula, otherwise a detestable monster, decréed (as we haue in Suetonius) that they, which should commit whooredome or brothelrie, should be openlie punished. Hereof Hostiensis writeth ridiculouslie; Harlots indéed (saith he) are bound to paie and to offer, but the church cannot nor ought not to receiue the same. Yet the glose dooth much better decrée in the Decre∣tals, distinction the 90. in the chapter Oblationis; namelie, that Nothing at all, which commeth of the gaine of an harlot, should be offered in the

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church. But priests and moonks, when they feared that some of their profit should be gon, haue de∣uised an other reason. For although (saie they) the gaine of harlots cannot be receiued for an ob∣lation; yet nothing letteth, but that it may be re∣ceiued for almes. But after what sort dooth the Pope receiue the monie of harlots? Surelie, not as an oblation, bicause he cannot; nor as almes, bicause he is not poore: it resteth therfore, that he receiueth the same as a prince. The Lord would not haue this kind of monie in his sanctuarie; but the Pope will haue it in his treasurie, and he hath it, and getteth a woonderfull great gaine by it. Whose vicar then is the Pope? Gods vi∣car? Naie, God refused such a gaine. What? Is he the vicar of Christ? But Christ neuer departed from the will of his father. Then must it conse∣quentlie followe, that he is antichrist; when as he both teacheth and dooth those things, which are expresselie and purposelie against the word of God & of Christ. But he will saie, that he exacteth this monie as a prince. Let him then be a prince. But I demand, whether he be an euill prince, or a good prince? It is not lawfull for a good prince to depart from the lawes of God. Let him then be an euill prince: let him be euen a Caligula.

Peraduenture he will answer, that in respect he is a prince, he dooth according to the ciuill lawes, which doo not take awaie harlots out of the Romans dominion: yea rather, they disdaine not to decrée somewhat touching their price or reward. In the Digests De condictione ob tur∣pem causam, in the lawe Idem etsi, it is decréed; that They cannot demand againe, that which they haue giuen to an harlot. And there is a rea∣son added; For though it be a shame for an har∣lot to be an harlot, yet it is no shame to take hir hire being an harlot. These words are obscure, so that they may séeme to be a riddle. Further in the Digests, in the title De donationibus, in the law Affectionis gratia, it is decréed; that It is law∣full to giue as well vnhonestlie as honestlie. It is lawfull honestlie to giue, as to parents, kins∣folks, fréends, &c: vnhonestlie, as to harlots. But I would know, by what licence that is lawfull? Hath God giuen goods vnto men, to cast them awaie on harlots? Howbeit, they confesse héere, that some shamfulnes there is: for though it be lawfull to giue, yet if thou hast promised anie thing vnto an harlot, thy obligation bindeth thée not; neither can the harlot challenge thy promise: as it may be séene in the Glose, in the title De donationibus, in the lawe Ea quae.

But it is a doubt, that if she doo not receiue it shamefullie, whie it may not be lawfull for hir to aske it without shame. They answer, that this followeth not: bicause manie things are taken honestlie, which are not honestlie demanded. And for that matter he citeth the lawe 1. De varijs & extraordinarijs cognationibus. Wherfore the Pope will not, by the ciuill lawes, take awaie harlots; but receiue monie of them: which he séeth cannot be suffered by the lawes of God. But héere I will reason with him a little. Certeinlie he pro∣fesseth himselfe to be a ruler ouer the ciuill laws, and in verie déed he hath altered manie of them, as though he would amend them; when as yet he hath taken awaie the good, and sometime, in the stéed of them, hath put such as be euill. Whie hath he not amended those lawes for the suffe∣ring of harlots; séeing they be repugnant to the lawe of God? Vndoubtedlie, the true cause why he hath not taken awaie the lawes of harlots, is this: bicause it should be ouer hurtfull vnto the Popes treasurie. For at Rome they measure their lawes by profit, and not by honestie.

9 Howbeit, by what ciuill right doo they receiue monie of harlots? They answer; for tribute. But why doo not they rather saie; for brothelrie? Dout∣lesse, if we will speake trulie, Popes in this re∣spect are not altogither frée from brothelrie. Let them diligentlie marke the ciuill lawes, where∣by they now go about to defend themselues, and ouer which they boast themselues to be rulers; and let them looke what those iudge of brothelrie. In the Digests De ritu nuptiarum, in the lawe Palàm, it is thus written; He which hath bond∣women for gaine, the same committeth brothel∣rie. Now I demand of these men, in what con∣dition they count the harlots in Rome? For ci∣tizens? Nothing lesse. They count them there∣fore in a maner for bond-women, and of them they make gaine: so as in a maner they are brothelers or bawds. As much might be said of vsurie. In their dominions they suffer Iewes, which are vsurers; and they take gaine of their vsurie, euerie yeare a certeine part, the twen∣tieth part at the least. Wherfore the Pope is not onlie a bawd, but also an vsurer. And that which I affirme of the Pope, let prophane princes also take héed, least the same should be also said of them, which exercise this kind of gaine of the Iewes. To them vndoubtedlie agréeth that sai∣eng of Dauid; If thou sawest a theefe, thou ran∣nest with him, and laiedst thy portion with adul∣terers.

But they saie that these be tributes. But in the Code, in the title De ectigalibus & commissis, in the lawe Ex praestatione, and in the lawe Alle∣gatis; Tribute is defined to be that, which is paid for those things, which are brought into the pub∣like weale from forren nations: for they are called in Latine, Vectigalia, of the verbe Vebere, which signifieth To carrie. And the eight part of euerie thing was paid, in the name of a tribute, or custome. Wherefore customers were called Octauarij, of Octaua parte, that is, The eight part, which they gathered. But what (I praie you) doo

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harlots bring vnto the publike weale? Euen filthinesse and lusts; of the which the Courtiers and Popish priests doo gather not the eight part, but the whole. These Vectigalia are also called tributes and customes, which are taken of féelds and lands. But what féelds haue harlots? What lands? None forsooth: then let them leaue to ex∣cuse a most shamefull thing by so honest a title. I knowe they will saie; If harlots were suffe∣red to be frée and at libertie, they would sinne more licentiouslie. O goodlie kind of correction!

Can harlots be restreined by no other means, but so? They ought rather to decrée, that they should not remaine in the citie, that they should haue ill-fauoured and darke houses, that they should cast awaie all the ornaments of the bo∣die, that they should not come abroad openlie; and they should be shamed by some notes of dishonestie, that thereby they might be mocking stocks to the world. By this meanes they might peraduenture be called home into the right waie. But now (good God!) how are they kept vnder? Their houses be most gorgious, they ride openlie in chariots, apparelled like princes, they ride vpon their fine foote-cloths. They haue in their companie men wearing chaines, and disguised persons, yea and sometimes Cardi∣nals, especiallie in the night, and a most sump∣tuous traine of waiting women. Will they de∣nie that these things are true? Then let graue and faithfull men, which haue at anie time béene in Rome, shew whether the thing be so or no. If they will not beléeue me, I can bring for witnes both Cardinals and Prelates of Rome.

10 Paulus the third of that name declared once, that he minded some reformation of the church: he committed the matter to certeine Cardinals and Bishops, which were counted more pure than the rest. And what they iudged, it is extant in the third volume of Councels. And they complaine, that the power of harlots is so great at Rome, as it was in no other place the like. But hath Paulus the third amended this? Also in the synod of Trent, the clergie of Rome promised some great reformation: but they did it not; neither did they indeuour it at all. Why doo they not rather imitate and followe the laws of Iustinian? He, in his Authentiks, in the title De lenonibus, willeth, that Harlots should be vt∣terlie thrust out of the citie; and that, if they pro∣mised anie thing vnto bawds, they should not be bound to paie and accomplish the same. Naie rather, if they haue sworne to be harlots for a time, the Pope absolueth them of their oth. These things doo these men dissemble, and doo suffer and mainteine harlots. Which neuerthe∣lesse we are not to woonder at: for séeing they so diligentlie reteine and increase spirituall forni∣cation of minds; namelie, superstition and ido∣latrie, how can they but ioine therewith the for∣nication of the bodie? But séeing they tooke awaie wiues from their massing priests, it was a hard thing, yea and vnpossible, to be without brothell houses.

Iustinian sorrowed, bicause he sawe brothell houses so nigh vnto the churches of GOD: but now they dwell in the middest of cities, not far from the houses of diuine seruice; & it gréeueth not the Pope one whit. But let the owners, in whose houses these harlots dwell, plead their owne cause. But such houses, for the most part, apperteine to Bishops and churches: and they will saie; We doo not take part of the gaine of an harlot, but (as méete is) we receiue rents of our houses. Which is not prohibited by the ci∣uill lawes: for in the Digests De petitione baere∣ditatis, in the lawe Ancillarum, it is said; that Brothell houses are vsed in the citie rents of honest men. And in the same title, in the lawe Si possessor, it is ordeined; that If a man haue vnhonest gaines, he should be compelled to re∣store them, least an honest meaning might bring profit vnto him that is an owner, by an vnhonest gaine. Howbeit, séeing they will main∣teine it by lawes, why haue they not a respect vnto the interpretation of those lawes? Name∣lie, if this kind of gaine be once exacted of har∣lots, that ought to be restored vnto the heire: otherwise it is not lawfull to require them. Nei∣ther can contrarietie of lawes be auoided by anie other meanes: for these lawes should not agrée with those of Iustinian, which are to be read in the Authentiks. De lenonibus & scenicis muli∣cribus.

But let them (I beséech you) marke the words which are read in the title De ritu nuptiarum, in the lawe Palàm: and in the title De ijs, qui notan∣tur infamia, in the lawe Athletas; that That wo∣man is infamous, which professeth hir selfe an harlot, and he also that is partaker of the gaine; and generallie, that all bawds are infamous. Let vs also (which is of much more weight) haue a regard to the word of God, who commandeth; Be ye holie, for I am holie. What doo we gather by these words? Euen that that is not to be suf∣fered among christians, whereby men are made infamous. So then let bawds and harlots be re∣mooued awaie, forsomuch as these kind of per∣sons are noted infamous by the ciuill lawe. But they will saie; Men oftentimes fall, and some∣times commit those things, whereby they are made infamous. I grant it: yet is not this to be borne withall, wherby they are made infamous, whether they will or no. But though they had a thousand ciuill lawes on their side, yet ought we more to estéeme the word of God. Ierom, spea∣king hereof, writeth verie well in his epitaph of Fabiola; Ciuill lawes (saith he) ought not so care∣fullie

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to be cited; Papinianus writeth one thing, and Paule an other. And before Ierom, Tertullian De anima; Brothell houses (saith he) are detestable before God.

11 But if harlots (saie they) should be suffe∣red, there is some hope of their conuersion. For Christ saith; The harlots and publicans shall go before you into the kingdome of hea∣uen. But let them shew me, whether they can by no other meanes be called home into the king∣dome of God, but by sufferance. But he mea∣neth not harlots, so long as they be harlots, and be not conuerted. For what cause then is it said, that they shall go before the Pharisies and Scribes into the kingdome of God? Bicause they, being conuerted, doo acknowledge and be∣waile their sinnes: but the Pharisies & Scribes regarded not their wicked acts, but would séeme to be most holie. If harlots should be suffered, bi∣cause they may be conuerted; then shall there be no sinne so gréeuous, which ought to be punished. For there is none so farre past grace, but that some hope remaineth, that he may be called home into the right waie. And so by this means, all lawes shall be silent. They saie moreouer, that God did forbid harlots, as we read in Deu∣teronomie; and yet they were afterward per∣mitted: for Salomon gaue iudgement betwéene two harlots. First I answer, that it is not cer∣teine that they were harlots: in so much as this word Zonah, signifieth hir also that kéepeth a vit∣ling house, and one that getteth hir liuing by sundrie sort of gaine. Further, though they were harlots; it is yet but a weake and friuolous ar∣gument. For we must not reason from that which is doone, vnto that which ought to be doone. GOD vndoubtedlie forbad harlots, but after∣ward discipline quailed, and manie things were committed against the lawe. Howbeit, we must haue a regard, not vnto that which is doone; but vnto that, which GOD hath commanded to be doone: otherwise, if we will liue according to examples, there are ill examples enow euerie where.

For Popes and Cardinals doo not onelie suf∣fer harlots; but also they themselues kéepe them as things most deintie. Neither can they abide the Canons, which decrée, that a priest for whore∣dome should be depriued; in the distinct 82. chapter Presbyter: when neuerthelesse the Glosse saith there; Now a daies no man is deposed for whooredome. The same we haue in the 2. cause, question 7. chapter Lator. The apostle excludeth whooremoongers from the kingdome of God, but these exclude them not from the church: neither thinke they that they ought to be deposed. But it is no maruell, séeing they saie that the bishop may dispense with adulteries, and other light crimes: as may be perceiued in the Extraua∣gants De iudicijs, in the lawe At clerici. They be the words of Alexander the third: whereby it appéereth, that these men account adulteries for verie small crimes. Whie should we then de∣pend vpon their examples? Philo a Iew saith; that In the publike weale of the Iewes, harlots might not be suffered: for of necessitie it behoo∣ued all, when they came to ripe yeares, to be ei∣ther husbands or wiues. Some widowes indéed there were, but those were ancient in yeares, and of a tried chastitie. This example should we follow; namelie, of such an holie publike weale: and not the example of the Popes court.

At a certeine time I being in Rome, remem∣bred a wittie saieng of Crates. He; when he came to Delphos, and sawe in the temple of Apollo, a golden image of Phryne a verie notable harlot, cried out; Behold a triumphant token of the wantonnesse of the Graecians! So I considering there the sumptuousnesse and magnificence of harlots, said; Behold a token of the wantonnes of the bishops of Romes prelates! But let vs leaue them, and procéed with the words of God, and the reasons brought from thence. Basil, in his first booke vpon the Psalmes, expounding these words; And hath not sit in the chaire of pe∣stilence, writeth verie well: Whooredome (saith he) staieth not it selfe in one man, but inuadeth a whole citie. For some one yoong man comming vnto an harlot, taketh vnto himselfe a fellow; and the same fellow also taketh an other fellow. Wherefore, euen as fire, being kindled in a citie, if the wind blowe vehementlie, staieth not in the burning of one house or two, but spreadeth farre and wide, and draweth a great destruction with it: euen so this mischéefe, being once kindled, rangeth ouer all the citie. Ambrose also prudent∣lie writeth vpon the 119. psalme, alledging the words of the 16. chapter of the prouerbes; Who can noourish burning coles in his bosome, and not be burnt with them? Who (saith he) can thinke that harlots may be nourished in a citie, and yoong men not be corrupted with whooredome? And so may we aptlie inuert that sentence of Augustine; If thou take awaie harlots, all pla∣ces shall be filled with filthie lust. We rather saie the contrarie; Nourish harlots, and all places shall be filled with filthie lusts.

They obiect againe a recompense of sinnes, and will haue brothell houses to be suffered, lest violence should be offred vnto honest matrons. I haue answered before, that Euill things must not be doone, that good may come thereof. Yea, but God himselfe (saie they) hath ordeined a re∣compense to be made for sinnes; séeing he for the hardnesse of the Hebrues harts, to the intent they might not fall into greater inconuenience, appointed them a bill of diuorsement. But these men ought to remember, that we must not call

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God vnto answer; neither is it lawfull to re∣quire of him a reason of his lawes. Wherefore it is no sound conclusion: God did so; Therefore it is lawfull for vs to doo the like. We must not looke what God hath doon, but what he hath com∣manded vs to doo. But God sawe that hatred happeneth oftentimes betwéene man and wife, and danger of committing of murther: rather than the same should happen, he appointed that a bill of diuorsement should be made. But it is a false argument: GOD appointed a bill of di∣uorsement; Therfore it is lawfull for vs to kéepe brothell houses.

12 Now remaineth to confute the obiections of the aduersaries. First they said; Whooredome in the Acts of the apostles, is numbered among those things, which of their owne nature are not euill: as bloud, things strangled, and things de∣dicated vnto idols. For No creature of God is euill, that is receiued with thanks-giuing. Wher∣fore, séeing fornication is reckned among these, it is no sinne. Howbeit, this is a weake reason: for these things are not reckoned vp of the apo∣stles, bicause the nature of the fault should be alike euerie one of them; but bicause all these, if they should haue béene vsed, would at that time haue disturbed the church. The Iewes, by the custome of the lawe, absteined from bloud, and from that which was strangled: and the Ethniks made no account of whooredome. So, to the intent that peace might growe betwéene them all, they decréed, that they should all ab∣steine from those things. Whereby it followeth not, that all these things be alike faultie: but this rather we may infer, that all these things were an occasion of disturbing the church. Further, they obiected, that God commandeth not sins: but he commanded Hosea the prophet to haue fellowship with an harlot. I answer: Euerie sinne, in that respect is sin, bicause it is against the word of God: but if God particularlie com∣mand anie thing to be doone, which otherwise dis∣senteth from the word written, that verelie is no sinne. Sinne it is to take other mens goods awaie; yet God commanded the Hebrues, when they should go out of Aegypt, that they should borrowe stuffe and siluer vessels of the Aegypti∣ans, and take them awaie with them: which they did without sinne.

Also, no man doubteth, but that murther is sinne: and yet Abraham, if he had sacrificed his sonne at the commandemt of GOD, which he was readie to doo, he had not sinned. So may we saie of Hosea the prophet, if he committed whooredome at the commandement of God, his whooredome was no sinne. I knowe there be some, which thinke, that Hosea was not bidden to commit whooredome, but to take a harlot to his wife: but that agréeth not. For it followeth; And thou shalt beget of hir children of fornica∣tion. Children gotten after that maner; name∣lie, of a lawfull wife, should not haue béene chil∣dren of fornication. Ierom dooth better interpret these things hyperbolicallie, and saith; that By this image was expressed the wickednesse of the Iewes, which had forsaken God a husband to them all, and had committed fornication with the idols of the Gentils, and had begotten vn∣lawfull and bastard children, as touching the ser∣uice and religion of God. Moreouer, that is false, which they alledged; namelie, that whoore∣dome is neither against charitie, nor religion. For we haue before declared, that it is other∣wise: neither is it here néedfull to repeate that, which we haue said. Augustine was brought, which saith; What meate is vnto the bodie, that is the bed for procreation; But to eate or drinke a little more than néedeth, is not a gréeuous sinne; No more therefore is whooredome.

The similitude agréeth not in euerie point, but serueth onelie for that part, for which it is ta∣ken. And vndoubtedlie, he which eateth or drin∣keth more than he ought, dooth not straitwaie forgo the health of his bodie; but he, which strai∣eth in carnall fellowship, and plaieth the harlot, may easilie foorthwith procreate a child, vnto whom he dooth iniurie, bicause through his fault he is borne a bastard. Moreouer, there followeth euill education, and by that meanes charitie is hurt. I might also saie, that euen as euill and noisome meate destroieth the bodie (yea Adam, by eating of the forbidden fruit, corrupted his posteritie:) so whooredome killeth the soule. Lastlie, whereas they alledged, that fornication is therefore no sinne; bicause this cannot be per∣ceiued by the light of nature, that I saie is no∣thing. For the precepts of God may be knowne euen by nature, that they are iust: howbeit, by such a nature as is sound and vncorrupt; séeing a corrupt nature dooth oftentimes allow vices in stéed of vertues. For among the Lacedaemo∣nians, theft was commended: and (as Thucidi∣des writeth) among the ancient Gréeks pirasie was counted a vertue. Furthermore, it follow∣eth, that the precepts of God may by nature e knowne to be iust and honest; but yet by a na∣ture instructed and framed with the word and spirit of God. Otherwise (as Paule witnesseth) A carnall man knowech not the things, which are of God.

Of Bastards, and children vn∣lawfullie borne.

13 Whereas Ieptha had a noble man to his father, yet it did profit him nothing; bicause he was base borne, and not borne in lawfull mar∣riage.

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Wherefore by the ciuill lawe of the He∣brues, it was not lawfull for him to haue place in the congregation of Israell. For in Deutero∣nomie it is written, Manzer shall not enter in∣to the congregation or assemblie. Zur, is in He∣brue A stranger; and a bastard is so called, bi∣cause he perteineth not vnto the familie of the father. She that bare Ieptha was no wife but an harlot. This Hebrue word Zonah, signifieth two things. First A vitler, that is, such a one as sel∣leth things perteining to victuals: for Zon signi∣fieth To féed or nourish. It signifieth also A har∣lot, perhaps for this cause; namelie, for that vit∣lers are sometimes ill spoken of for chastitie, as appéereth by a certeine lawe of Constantine, which is extant in the Code Ad legem Iuliam de adulterijs. And vndoubtedlie, either signification may be aptlie applied to this place. Some of the Hebrues thinke, that Ieptha was not the sonne of an harlot; but onelie the sonne of a concubine, which was not espoused with a lawfull contract, and dowrie. But that séemeth not verie well to agrée: for the Hebrues called not a concubine Zonah. Neither had it béene lawfull for Iepthas brethren to haue expelled him as a stranger, if he had béene the sonne of a concubine: for the ha∣uing of concubines, of that sort, was with the Iewes true matrimonie. Further we must knowe that the Hebrues had an other word. But whie would not God haue a bastard to come in∣to the congregation? Not bicause he had béene the woorse man, so that he had liued well; but that the people might know, that God detesteth whooredome.

And not to enter into the congregation, was nothing else, but to be made vnfit for the execu∣ting of an office, either ciuill or sacred: although otherwise he had to his father either a priest or a ruler. So then it was not lawfull for bastards to execute the office, either of a tribune, or pre∣tor, or magistrate, or priest. Whie therefore dooth God now make a bastard ruler ouer his people? Bicause he prescribed the lawe vnto men, and not vnto himselfe. An other cause is, least they, which are so borne, should therfore straitwaie be discouraged. Further, to the intent they might remember, that they be not excluded for their owne fault, but for their fathers fault. And now, to returne vnto Ieptha: his brethren could not haue thrust him out, except he had béene borne of an harlot. Otherwise, a concubine was a law∣full wife. And the children of Iacob, which were borne of his concubines, abode with their other brethren, and were inheritors togither with them. But thou wilt saie, that Abraham cast out Ismael. That was doone before the lawe, and by the speciall will of God; to the intent the whole and perfect inheritance might come to Isaac. Otherwise, by the ordinarie law of the Hebrues the children of concubines were not vtterlie ex∣cluded from all inheritance.

14 And that the matter may be made more plaine, it séemeth good thus to distinguish chil∣dren. Some be legitimate and not naturall, as those be, which are adopted and chosen. Other∣some there be, which are naturall, and not legi∣timate, as they which are borne of concubines. But I speake héere of concubines after the Ro∣mane maner: for as touching the Hebrues, they which were borne of them were legiti∣mate. And there be other, which be both legiti∣mate and naturall; as they, which are borne in iust matrimonie. Lastlie, there be some, which are neither legitimate, nor yet naturall; as ba∣stards be. And a bastard is he, which cannot tell who is his father: or else, if he can tell, it is one, whom it is not lawfull for him to haue for his fa∣ther. As it is written in the Digests Destatu personarum, in the lawe Vulgò concepti. There is a great difference in the state of children. But we (as concerning this matter, which we haue in hand) will neither intreat of children adopted, nor yet of children naturallie legitimate: but onelie of naturall children and bastards, who séeme to be more obscure than the rest. The chil∣dren, which are naturall, and not legitimate, may be made legitimate: as it is in the Code, De naturalibus filijs, in the lawe Anastatij. And the waies how they might be made, are descri∣bed in the same Code, in the lawe Si quis. But bastards could not be made legitimate.

If we shall speake of the children of concu∣bines, after the maner of the Iewes, they were legitimate; as we haue taught before. But the Romans counted them not as legitimate: one∣lie this they ordeined; that they might be made legitimate. Moreouer, bastards be not in the fathers power, neither yet can they be. This I saie, to the intent that we may sée in how great a miserie bastards are. So Ieptha could not at∣teine to the inheritance of his father. And these lawes were made, that men might be with∣drawne from whooredome, if it were but onelie for the ignominie of their children: for when they beget bastards, they hurt them without hope of recouerie. Wherevpon Chrysostome, vpon the epistle to the Romans, when he interpreteth these words (Now is the houre for vs to rise from sleepe) earnestlie inueigheth against whoore∣moongers: Whie doost thou sowe (saith he) that which is not lawfull for thée to reape; or if thou doost gather it, it is reprochfull vnto thée? For in∣famie will arise thereof, both to him which shall be borne, and to thée also. For he, so long as he li∣ueth, shall be full of ignominie; & thou, as well when thou art liuing, as when thou art dead, shalt alwaies be noted of shamefull lust, &c. Therefore it hath béene ordeined by lawes, that

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bastards should not be admitted to the inheri∣tance of their fathers.

15 The father, when he dieth, may giue som∣what vnto naturall children; yea, they inherit, though the father die intestate, when there are no other children: yet they succéed not in the whole, but onelie in two twelue parts; as appée∣reth in the Code. De naturalibus liberis, in the lawe Licet patri. But the bastard was so far from inheriting to his father, as he might not so much as demand food of him: as it is in the Code De incestis nuptijs, in the lawe Ex comple∣xu. Howbeit, the Ecclesiasticall canons deale somewhat more gentlie: for they permit, that a bastard should haue somewhat giuen him to find him withall: as may be séene in the Extraua∣gants, of him that married hir, whom before he had polluted with adulterie; in the chapter Cùm haberet. And thus both the lawes of GOD and man doo agrée. Neither (as I haue said before) were those lawes made for hatred or crueltie against bastards; but that at the least, by this meanes, the shamefull lusts of men should be re∣streined. Notwithstanding, I will not ouer∣passe this, that by the lawes of Rome a bastard might succéed his mother: as we haue in the Digests Ad senatusconsultum, Tertullian lib. 1. He may also complaine of his mother, if she leaue him out of hir will; as we haue in the Di∣gests De mofficioso testamento, in the lawe 29. where this is to be vnderstood; Except the mother be a noble woman.

And why bastards are not reputed in the place of children, and are depriued of their fathers in∣heritance; Augustine, besides these reasons, which I haue brought, bringeth also another rea∣son out of the holie scripture. In the 22. of Leui∣ticus it is written; He that commeth to the wife of his vncle, shall die without children. But (saith he) manie are borne also of incest, whose parents are not childlesse. He answereth, that the Lord so speaketh in the lawe, bicause such are not coun∣ted for children: wherefore their fathers are iust∣lie said to be without children, although they haue children; bicause it is all one, as if they had none. And bicause such children are contemned of their father, neither are they rightlie brought vp nor chastised; oftentimes they prooue woorse than the other. Chrysostome, vpon the epistle to the Hebrues, the twelfe chapter, in his 29. homi∣lie, exhorteth the people to thinke, that God dooth like a father, when he chastiseth vs. For the fa∣ther neglecteth vnlawfull begotten children and bastards: therfore God, when he chastiseth, dooth the part of a true and lawfull father. Plutarch, in his Problems, the 130. Probleme, saith; that The Romans had foure surnames; so that some were called Cnaei, and other some Caij: and those names they noted by two letters onelie, or by thrée. Wherefore he demandeth, why Spurius, that is A bastard, was written by these two let∣ters Sp. Bicause (saith he) the first letter S. sig∣nifieth Sine, that is, Without, and P. Patre, that is, A father; bicause he was borne of an vnkno∣wen father: although the same may also be ap∣plied vnto those that are borne after their father is dead. But to them it was no reproch to be cal∣led bastards: for Sp. Melius, Sp. Cassius, and other of that name, were noble citizens. We haue heard the lawe of God, and also the ciuill lawe: now it remaineth that we search the ca∣nons.

16 In the Decrées, the distinction 56. in the chapter Presbyterorum: they suffer not bastards to be admitted to holie orders, vnlesse they haue béene first brought vp in Monasteries; as though by this meanes they might be amen∣ded. But the canons which afterward followe, be somwhat milder. Chrysostome, vpon Matthew, in his 4. homilie (as it is in the same place re∣cited, in the chapter Nunquam) teacheth that such maner of births ought not to be hurtfull vnto the children. For if a man haue béene a théefe, a whooremonger, or a murtherer, and then be re∣pentant; his former life shall not be hurtfull vnto him. Much lesse ought the sinne of the fa∣ther to be hurtfull vnto the child: naie rather, if the child behaue himselfe well, he shall be so much the more notable, and woorthie of more praise; in that he hath not followed the steps of his father. Ierom, in his epistle vnto Pammachi∣us, against Iohn bishop of Ierusalem, as in the same decrées appéereth, in the chapter Nascitur: Bastards (saith he) are not to be contemned; for they had God the worker of them, neither did God disdaine to make them, and to giue them a soule, &c. Gregorie also in the same place, in the chapter Satis peruersum, saith; that It would be an vnméet thing, that the child should so be pu∣nished for the pleasure of his father, as he might not be preferred to the holie ministerie. Ierom in the same place, in the chapter Dominus; If Christ vouchsafed that bastards be reckoned in his genealogie, why shall not we then admit them to the ministerie, &c?

After these canons, which be more fauourable vnto bastards, is brought a strong argument on the contrarie part. Whoormongers (saie they) doo séeme to powre in a certeine force into the séed, which passeth also into the children; whereof followe euill inclinations: and thereby are they iudged to be woorse than other, especiallie when they be not corrected in their childhood. Where∣fore, if they be promoted vnto the holie ministe∣rie, the church shall be indamaged. Yet at the last it is added in the chapter Cenomanensis: If there be anie that are notable, they may be ad∣mitted vnto holie orders; but yet not that it

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should be a generall rule for all, but a priuilege onelie. And these things be written in the De∣crées. But in the Decretals, De filijs presbytero∣rum, we read; that Bastards, if they be made moonkes, may come into orders; yet so neuer∣thelesse, as they may not be promoted vnto dig∣nities, nor be made either abbats or priors. Howbeit, if they liue without the monasterie, the bishop may giue them orders, and bestow small benefices vpon them: but that is by interposing his owne authoritie, & (as they commonlie call it) by dispensation. But the ecclesiasticall dignities shall not be giuen them, of anie other than of the Pope; for that power he kéepeth to himselfe a∣lone: albeit such dispensations of Popes and bishops haue respect to gaine onelie. The iudge∣ment of these things should haue béene left vn∣to the church, which héerein ought to haue regard vnto two things; namelie, to the necessitie of the church, and to the excellent vertues of him whom it would promote. If the church shall haue a great néed, and he excell in vertues, the maner of his birth shall be no let vnto him. For Paule, in his epistles to Timothie and to Titus, when he diligentlie writeth of the election of bishops and priests, did forbid none of this kind of men.

But thou wilt saie, that in the old lawe ba∣stards were excluded from the ministerie. I grant it: neuertheles, we are not now bound to that law; & it was made onlie for the detestati∣on of adulterie. Yet now, if they be able to profit the church greatlie, their election must not be forbidden. And it is vaine, which is written in the Decretals, that legitimates maie be chosen, but bastards ought to be reiected; except with dispensation, as we haue in the title De electioni∣bus. For these counterfeit colours and deceits, the Romane bishops haue inuented, to amplifie their dominion. But the iudgement, which I haue allowed, agréeth with charitie; and we may gather the like of it out of the ciuill lawe; where it treateth De decurionibus, that is, of cap∣teines ouer ten soldiers; sith these were ciuill iudges for priuate cities and townes. Where∣fore it is decréed, that bastards might be made Decuriones, if necessitie so required. In the Di∣gests De decurionibus, in the lawe Generaliter, in Paraph Debet enim. The lawe therfore would haue that order; namelie of Decuriones, to be full. Howbeit, if another borne legitimate, were a suter togither for the same, he should be prefer∣red before the bastard. So thinke I that we must doo in the church; that if anie man be as good, and as apt for the ministerie, being a legitimate borne; let consideration be had to him, before the bastard, who must giue place in that case vnto him that is legitimate. It is added in the lawe; If they be honest and good, the blemish of birth shall nothing hinder them: in the same title, in the lawe Spurios, and in the lawe following. These things haue I therefore mentioned, that we might vnderstand, by what right Ieptha was by his brethren thrust out, and that the a∣gréement of the ciuill lawes with the lawe of God might be perceiued.

Of Adulterie.

17 Doublesse, adulterie is a gréeuous sinne, and how gréeuous it is (as Tertullian gathereth in his booke De monogamia) we may perceiue by the contrarie, in comparing the same vnto ma∣trimonie. Let vs consider wherein matrimonie consisteth. God made man and woman, he ioi∣ned them togither in one flesh: wherein matri∣monie dooth stand. And if so be that one flesh be rent and pulled awaie, so as an other is mingled and set in place, adulterie is committed. This heinous crime hath béene forbidden, euer since the first originall of mankind, as manie of the fathers haue prooued. God made man and wo∣man, not men and women; to the intent that euerie man should be content with his owne wife, and euerie wife with hir owne husband: if now then a man be not content with his owne wife, he shall not haue one wife; but manie. Man shall leaue his father & mother, and cleaue to his wife: if he be pulled awaie, doubtlesse he cleaueth not to hir. Chrysostome, vpon the 51. psalme, in the first homilie, saith; that The fruit of adulterie is murther and poisoning. In his 42. homilie vpon Matthew, he saith; that Adul∣terous women verie oftentimes practise mur∣ther, and that not of one man onelie, but of all them also, vnto whom they thinke that their in∣famie may come; as did Herodia. Ierom against Iouinian, toward the end of the first booke; What∣soeuer tumults (saith he) are in tragedies, is the spite that is betwéene married wiues, and their husbands harlots. Moreouer, Agamemnon was slaine by the adulterer Aegistus. Atreus and Thiestes, by reason of adulterie, tooke in hand those cruell enterprises. The rauishing of Helen stirred vp the most cruell war of Troie. In this is a certeine sinke of all euill.

Cyprian, in the second epistle of his fourth booke to Antonius, writeth; that In the first times there were such bishops, as would neuer let adulterers to rest in the church: but there were other bishops, that after a good space of time, if they shewed foorth anie fruit of penance, would reconcile them after a sort. Augustine, in his 42. epistle to Vincentius the Donatist, alled∣geth this epistle, and saith; that This diuersitie of custome the bishops had, and yet they kept the vnitie of the church. Christ willeth, that matri∣monies should not be broken off; and yet he so accounted of adulterie, as he made it the cause

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why matrimonie should be vndoone. By adulte∣rie the houshold is disquieted, the bed it selfe is dishonoured, great iniurie is doone vnto the chil∣dren: for either they be bastards, or else taken for bastards. Bartholus Ad legem Iuliam de adul∣terijs, in the Pandects writeth, about the title [of the same booke] that Adulterie is the most grée∣uous crime of all other, except treason: to wit, as concerning ciuill regiment. Thales Milesius iudged, that periurie is not a more gréeuous sin than adulterie. For a certeine adulterer was readie to take his oth, that he committed not adulterie; and periurie (saith he) is not woorse than adulterie.

Chrysostome, in his 62. homilie vpon Iohn, was bold to write, that adulterie is a more grée∣uous sinne than idolatrie. And he alloweth two reasons, both which neuerthelesse are deriued from matrimonie, and the nature therof. Which is written by Paule in the first to the Corinthi∣ans, where he decréed, that A beleeuing hus∣band may dwell with his vnbeleeuing wife: but he granteth not that an adulterer may dwell to∣gither with an adulteresse: wherefore, that the same is a more gréeuous fault. Another reason is: The beléeuing wife is not defiled with the companie of hir idolatrous husband; but an adulteresse is alwaies polluted, if she be ioined with an adulterer: therefore he concludeth, that adulterie is a thing more gréeuous than idola∣trie. But vnder correction of so notable a man, I may saie, that the arguments be weake. We must not compare matrimonie with idolatrie: but matrimonie and adulterie must be compa∣red betwéene themselues. These two are in such sort, as the one of them in his owne nature, and by the appointment of God is good, and the other is sinne.

And whereas in matrimonie, the one part is sometime an vnbeléeuer; that happeneth by ac∣cident. But the greatnesse of sinne must not be iudged by those things, which come by chance, or (as they speake in the Schooles) which happen by accident. A beléeuing wife may dwell with an vnbeléeuing husband, so he be willing therevn∣to. For matrimonie is a good thing: it is not so polluted with the idolatrie of the other partie, as it cannot be good vnto the beléeuer in Christ. But adulterie is alwaies an euill thing, none can well and rightlie vse the same. And though the reason of that father be not firme, and that it is not true, that idolatrie is a lighter sin than adulterie (for idolatrie is the greatest sinne of all: ) yet the sinne of adulterie draweth so néere vnto idolatrie, as in the holie scriptures it is compared with idolatrie. Idolaters be called whooremoongers and adulterers: for the wed∣locke of God with men is violated.

18 But we might stand in doubt, whether it he lawfull for anie man to take hir to wife, whom he hath before polluted with adulterie. If the ciuill lawes, or the Iewish lawes were in vse, this case would not so oft happen to be. Adul∣terie was an offense, wherevnto death was due. If the adulterers, both man and woman, should be put to death; how might they contract ma∣trimonie? Certeinelie not in another world, where no marriages shall be. But somtime per∣haps a man scapeth vnpunished, or else adulte∣ries committed are not openlie knowne; what then ought to be doone? In the 18. and 20. chap∣ters of Leuiticus, there be appointed manie im∣pediments, and manie degrées, wherein matri∣monies be forbidden; yet is not this named in that place. Perhaps for the cause which I haue now spoken of; namelie, for that adulterie de∣serued death; or else, bicause it was a secret crime. In that case there séemeth to be no lawes of God, which prohibit. Howbeit, the Popes lawes did afterward ordeine this much; that if one of the married persons did séeke the death of the other, whereby such a one might enioie the desired matrimonie, such marriage should be void. The same we find in manie places of the Extrauagants, in the title where disputation is had of him, that marrieth his wife, whom he had first polluted by adulterie.

And in the title De conuersione infidelium, in the canon, which beginneth Laudabilem; If a hus∣band, while his former wife liueth, committeth adulterie with another woman, and they con∣tract matrimonie togither, or plight faith one to another, such a matrimonie is of none effect. Which also In ocilio Triburiense, in the fortie chapter, was decréed. Augustine in his first booke De nuptijs & concupiscentia, the tenth chapter, sée∣meth to disallow matrimonie betwéene adulte∣rers. In the Authentiks, there is nothing extant of this matter: indéed they denie that marriage that is made betwéene the rauisher, and hir that is rauished. As for Dauid he cannot properlie be called a rauisher: indéed he committed adulte∣rie, &c. This matter is treated of by the Maister of the sentences, in the fourth booke, and 35. di∣stinction. These things may be gathered euen by humane lawes. Howbeit, God separated not Dauid and Bethsabe; he suffered them to re∣maine married, but yet in great affliction. It sée∣meth that the bishops were led to make these lawes, least men should be inclined to the mur∣thering of husbands, to the end they might en∣ioie their wiues.

Of Idlenesse, and other intise∣ments vnto wickednes.

19 But now that we may the easilier auoid

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the causes of this wickenesse, let vs sée by what steps Dauid was carried into adulterie. The cir∣cumstances of place and time must be obserued. In the afternoone he slept quietlie in his with∣drawing place. This was an argument of a carelesse and idle man. Isboseth, when he on that wise slept in an afternoone, was slaine. Dauid, when he liued idle after the same maner, was well néere ouerthrowne. But if he had earnestlie meditated of Gods lawe, and of Gods bene∣fits, which he had abundantlie bestowed vpon him; of the warre which then he made, and of the danger of the Common-weale, he should neuer haue fallen into these mischéefes. So great a matter was it to be idle. And assuredlie, idlenes is condemned by the iudgement of all wise men. Seneca, when he passed by the manor house of one Vacia a citizen of Rome, that was an idle and slothfull man; Héere (saith he) is placed Vacia. He did meane, that a man idle and vn∣profitable for the Common-weale, was in a maner buried there. But this I also adde, that such maner of dead carcases, both haue a verie foule sauor, and doo also bring foorth rottennesse and woormes. I knowe indéed that there is a cer∣teine honest kind of idlenesse, whereby good men being become the better prepared, are woont to returne to execute their offices, either priuate or publike. After this maner Christ did oftentimes spend the whole night in praiers alone vpon the mount; but so, as he returned in the morning to preach. Manie times was he in secret places, but yet so, as he instructed his disciples. There is also an other idlenesse that is holie and com∣mendable, whereby we kéepe the sabboth holie from sinne: that must we alwaies haue in esti∣mation.

But we condemne a dull and slothfull idle∣nesse, whereby mens minds and wits are dulled. Cato, in his originals, verie well wrote; that It behooueth an excellent man to yéeld no lesse ac∣count of his idlenesse, than of his businesse. And Christians must consider, that they be those ex∣cellent men, and that they shall one daie be cal∣led to that account. Ezechiel, in the 16. chapter; This (saith he) was the iniquitie of Sodome thy sister, pride, fulnesse of bread, abundance, and idlenesse. And albeit that idlenesse doo nourish otherwise manie euils; yet dooth it not nourish anie thing either more, or more easilie than lust. This also did the Poets sée, and Ouid among o∣thers, who saith;

Demand is made wherefore and whie, Aegistus waxt an adulterer; The reason followeth by and by He was an idle loyterer,
And in an other place;
If thou flie idlenesse, Cupid hath no might, His bowe lieth broken, his fire hath no light.

Ambrose hath an excellent similitude of the crab and the oister: The crab (saith he) most wil∣linglie eateth the meate of oisters: but for so much as those be well fortified with most strong shels on both sides, so as they cannot be broken by force, he craftilie watcheth, while they open themselues to the sunne. Then, while they open themselues, and take the aire, the crab putteth a stone into the mouths of them that gape, so as they cannot bring togither againe their shels: afterward he safelie enough thrusteth in his clawes, and féedeth of the meate. So (saith he) when men be giuen to idlenesse, and open their minds to pleasures, the diuell commeth and putteth in filthie cogitations: so that, when they are not able to drawe backe their shell, wherewith they were armed before, they are de∣uoured.

20 Dauid walked carelesse and at harts ease. But princes are not created, to lead their life in idlenesse: for they are subiect to that lawe, which in old time was said vnto Adam; In the sweate of thy face thou shalt eate thy bread. In déed they doo not plough nor delue, yet ought they to be vigilant, and to studie for the Common-wele, to examine causes, to giue sentence, to write good lawes. And not alonelie kings would be idle, but bishops also, and moonkes especiallie of all me▪ Those at the beginning liued of their labours: afterward, they being wearie (as I thinke) of good works, found the meanes (as idle men) to be mainteined with stipends of the church. But when, by godlie men, they were set on worke; Surelie (saie they) it is not lawfull, sith this is not according to the gospell. For Christ warned that We should not be carefull for the morrowe, but should consider the lillies of the feeld, & the birds of the aire. But against them Augustine disputed, in his booke De opere monachorum; If ye will (saith he) imitate the birds and the lillies, whie doo ye not also imi∣tate them in this point? The lillies doo not eate or drinke, the birds doo not laie vp till to mor∣rowe; but ye doo eate and drinke, and doo care∣fullie laie vp in store. And he rightlie expounded that saieng of the Lord; Be not carefull for the morrowe: for he saith, that the Lord forbiddeth onelie a pensiue carefulnesse ioined with infide∣litie; as though we are not mainteined by the prouidence of GOD, but by our owne proper industrie.

Dauid, when he was idle, fell into adulterie. Nabuchadne-zar also, when in peace he gaue himselfe to idlenes, he became proud; Is not this (saith he) that great Babylon? As though he had gotten that so great a power of his owne selfe, not of God. Manie euils (saith Ecclesiasticus) hath idlenesse taught. So then we must special∣lie beware of this euill: For our enimie the di∣uell

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goeth about roring and seeking whom he may deuoure. If he alwaies lie in priuie watch, readie bent and prepared to our destruction; it is méet that we also should perpetuallie watch, and be euer readie to resist. D. Latimer, some∣time bishop of Worcester in England, and af∣terward a most constant witnesse and martyr of Christ, when he would exhort bishops to doo their dutie, among other things said; that There was not a diligenter bishop in England than the diuell: for that he did alwaies teach, admo∣nish, instruct, and adorne his church. Wherefore he exhorted them, that if they would not followe God, they should at the least-wise imitate the di∣uell. Howbeit, he cried to them that were dease: for manie bishops at that time were so set, as they would neither followe the diuell, nor yet God. Wiselie did Ierom admonish, in his trea∣tise to the husbandman; Be thou alwaies doo∣ing somewhat, that the diuell, when he commeth, may alwaies find thée occupied.

21 Dauid, walking vpon the house top, sawe a faire woman bathing of hir selfe. But what néeded Dauid, with such curious eies, to behold what was doone out of his house? Or why did that séelie woman bath hir selfe abroad with∣out couert, where she might be séene naked of men? In that she washed hir selfe, she was not to be blamed: for there were manie legall im∣purities, which it behooued at that time to wash awaie, by such purifications. Howbeit, she shuld haue washed hir selfe within, and vnder couert. Dauid sawe, and was caught. To sée (they saie) is the first entrie of louers. Howbeit, I may more trulie saie, that To sée is the first entrie of them that perish. For Dauid looked not vpon this woman with a single eie, but with an vn∣cleane and euill eie. He straitwaies cast from him the wholsome word of God; Thou shalt not commit adulterie. Than the which word, there is not a more present or better remedie, if at anie time we féele our selues tickled with car∣nall pleasures. This wicked act of Dauid will séeme the more heinous, if we compare it with that most chast yoong man Ioseph. He was a yoong man, Dauid was old: he was a batcheler, Dauid a husband; yea and that of manie wiues, that there might be no want to fulfill pleasures: he was prouoked, and that of his mistresse, who might after a sort haue commanded him; Dauid of his owne accord prouoked, and that his owne subiect, whose chastitie he should by all meanes haue defended. The woman was beautifull, and well fauoured.

But yet we must not thereby gather, that beautie is an euill thing. For a fit ioining togi∣ther of the parts, with a pleasantnesse of colour, which they define to be beautie, is the cunning workmanship of the Creator, and the image of God; neither can it doo anie harme, except it light vpon vnchast eies. Euen as the light of the sunne, although otherwise it be pleasant and gratefull, yet is it gréeuous vnto bleared eies. But we are corrupted, not onelie by the corrup∣tion of originall sinne; but also by other sinnes drawne vnto vs by vse and custome. Chryso∣stome; in his first homilie vpon the 51. psalme; By this example (saith he) all men ought to be mooued, that they approch not vnto dishonest sights, where harlots are shewed, and all ge∣stures of vile lust expressed. For that is ridi∣culous, which some men doo answer; that they are not mooued by those sights. For what (saith he) are they made of iron, of stone, or of ada∣mant? Be they wiser, or stronger, or holier than Dauid? If a sparke be cast into haie, will it not take fire? Our flesh (saith the prophet) is haie, and may easilie be set on fire: and for that cause the holie Ghost setteth foorth vnto vs the fall of Dauid, that we by his example might beware of the like contagion.

The physicians, if by chance they light vpon a man that is gréeuouslie and dangerouslie dis∣eased, are woont to bring their disciples; that they may the more easilie vnderstand both the force of the disease, and the waie how to cure the same. King Dauid was to be cut, so as we ought attentiuelie to consider, by what art he is cured of the Lord. First let vs sée by what meanes he was driuen to fall. He refrained not his eies: wherefore he hauing forgotten himselfe, was easilie carried headlong into mischéefe. So in the booke of Genesis, the sonnes of God, which were descended of Seth, when they sawe the daughters of men, borne in verie déed of the po∣steritie of Caine, they began to loue them be∣yond measure; and so being blinded, began to degenerate from their former godlinesse, which they had reteined euen from their great grand∣father Seth. Paule, vnto the Corinthians, com∣mandeth women to haue their head couered in the holie congregation, at the least-wise bicause of the angels. And euen as women ought to shadowe their face, that they be not séene: so on the other side, men ought to temper themselues, that they doo not ouer-curiouslie behold them. Of which matter Tertullian wrot manie things verie well, in a little booke intituled De virgini∣bus velandis. And Solomon thus wiselie admo∣nished; Lust not after hir beautie. Also Grego∣rie the first; They (saith he) which abuse the out∣ward eie, be worthie to haue the inward eie sha∣dowed. I haue made a couenant (saith Iob) with mine eie, that I will not thinke vpon a virgine. He saith not onelie, that I would not looke vp∣on, but that I would not admit into my mind an imagination of hir. This séeing Dauid did not, he cast himselfe into the danger, which all

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godlie men ought to take héed of.

Of the punishments of Adulterie.

22 Somewhat we will declare in this place of the punishments of adulterie. And this I thinke to be necessarie for me: for by the grée∣uousnesse of punishments, we know the weigh∣tinesse of sinnes. By rewards and punishments Common-weales are preserued. But punish∣ments must be applied, according to the heaui∣nesse of offenses. It is verie well written in the 24. cause, question 1. in the chapter Non affera∣mus (which words be ascribed vnto Ierom, but rather they are the words of Augustine; ) How gréeuous a sinne is Schisme, or to be diuided from the church, it is perceiued by the punish∣ments laid vpon men for other gréeuous sinnes. The idolatrie doone vnto the molten calfe, God punished by a kind of death. Bicause Zedechias burned the booke of the prophet, God did reuenge it with captiuitie. But the rebellion done against Moses and Aaron he punished more gréeuouslie: he sent a fire, wherewith those, which conspired with Chore, were consumed, and the earth swal∣lowed vp the seditious persons. We will first then consider the punishments of adulterie, that we may vnderstand how heinous a sinne it is. Secondlie we will sée, whether the adulterer and the adulteresse, should haue equall punish∣ments; and whether they be bound to like pu∣nishments, and whether of them is the greater sinner. Thirdlie, what euils maie come by rea∣son that these punishments are either neglected or vtterlie taken awai. As touching the first; we must search in the holie scriptures, what may be found touching the punishments of adulte∣rie; after that we will descend to the reckoning vp of punishments of diuers nations; then will we come to the Romane lawes; and last of all vnto the ecclestiasticall and Canon lawes.

Of the first we must vnderstand, that the di∣uine scriptures teach vs, that The wages of sin is death. Séeing therefore that death is due vn∣to sinnes; foorthwith, after a man hath trans∣gressed, he might be put to death by the iustice of the lawe. But God is not so strict an exactor, he granteth as yet some space vnto life: the which neuerthelesse is somtime broken off by the sword of magistrates; if gréeuous crimes be commit∣ted, which can by no meanes be suffered. But there are other sinnes of lesse weight, for which it is not lawfull to put men to death. Further, we will sée whether adulterie may be reckoned among those sinnes, wherevnto death is due. Certeinlie it was a sinne, wherevnto death be∣longed: as the holie scriptures declare vnto vs, and that for good cause. For by this wickednesse is hurt that societie, from whence is deriued the fountaine of all friendship among men. In the booke of Genesis, when Abimelech the king of Gerar had séene Isaac plaieng somewhat famili∣arlie with Rebecca, he perceiued him to be hir husband and not hir brother. So then he char∣ged, that none vpon the paine of death should touch that woman. Therefore we sée, that before the law of Moses, adulterie was by the Ethniks punished with death. Ioseph after that it had béene laid to his charge in Aegypt, that he com∣mitted adulterie with his mistresse, was deliue∣red to the head officer of capitall crimes; and was cast into prison. Thamar, when she had buried two husbands, and waited for the third, vnto whom she was betrothed, did commit a∣dulterie, and was iudged to be burnt. And vn∣doubtedlie, when a woman that is betrothed, dooth abuse hir selfe, she committeth adulterie. For although it be not a full marriage, yet is there such hope of marriage, as it ought not to be polluted.

This did the emperour Seuerus perceiue. The lawe may be read Ad legem Iuliam de adulterio, in the Digests, the lawe Sivxor, in the Paraph Dinus. In the 22. chapter of Deuteronomie, and in the 20. of Leuiticus: by the lawe that is there giuen, the adulterer & adulteresse are comman∣ded to be put to death. Which sentence, God in the 16. chapter of Ezechiel confirmeth, where he saith, that he would bring punishment vpon the adulterous Israelits. The same lawe is confir∣med in the eight chapter of Iohn. When the Scribes and Pharisies had brought vnto Christ a woman, which was taken in adulterie, they said; Moses commanded vs in the lawe, that such a woman should be stoned, &c. So greatlie did God estéeme chastitie, and vnspotted wed∣locke; as he would not haue so much as a suspici∣on to remaine betwéene them, which were man and wife. For in the booke of Numbers, there is ordeined a lawe touching gelousie. She which was suspected of adulterie, was brought vnto the priest; cursses were denounced, a drinke was giuen hir, and straitwaie it was knowne whether she was an adulteresse or no. And if a man had married a wife, and had béene able to gather and prooue by certeine signes, that she was not a virgine; she was punished. If a mai∣den betrothed to a husband, had béene forced by anie abroad in the field, the rauisher should haue béene punished with death: if in the citie, the damsell should also haue had the same punish∣ment. Deuteronomie 22. So then great seueri∣tie was vsed héerein. Howbeit the reuenge was not committed to priuate persons: the husband killed not his wife, nor the father his daughter; but the matter was brought before a iudge. So

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read we to be doone in Susanna, although that hi∣storie be Apocryphall. In the prophet Ieremie, we read that Nabuchadne-zar rosted Zedechias and Achabus, two vnchast priests. These things we haue in the holie scriptures, especiallie of the old testament.

23 The lawes of the Gentils also suffered not this mischéefe to escape vnpunished. If we giue credit to Strabo, in the 16. booke of his Geo∣graphie, the Arabians made it death. In Arabia, where spices growe, the same punishment was prouided for adulterers; as Eusebius saith in his sixt booke, & eight chapter, De praeparatione euan∣gelica. The Aegyptians (as Diodorus Siculus re∣porteth in the first booke of his Bibliotheca) did cut off the nose of an adulteresse; that the face of hir, which was so pleasing, might be defor∣med. The adulterer was beaten with a thou∣sand stripes, euen well néere vnto death. Aelia∣nus in his historie of Varietie, the 13. booke, wri∣teth, that Zeleucus the lawe-maker of Locris or∣deined, that an adulterer should haue both his eies put out. The same was thought to be a hard lawe. Within a while after it happened, that his owne sonne was taken in adulterie: the people would haue released him from punishment, but the father would not. And to the intent the same lawe might after some sort be kept; he willed, that one of his sonnes eies, and another of his owne should be pulled out. There were a peo∣ple, which Suidas calleth Laciadae, and others Placiadae, among whom adulterers were tor∣mented with punishments and ignominies a∣bout the secret parts.

Also the Germans (if we beléeue Cornelius Tacitus) were most seuere punishers of adulte∣ries. For the adulteresse, being taken with the maner, was set naked in the sight of hir kin∣dred: the haire of hir head was cut off, and after that she was by hir husband beaten through the towne with a cudgell. Plutarch in his Problems writeth, that the Gortinaei, when they had appre∣hended an adulterer; they brought him foorth openlie, and crowned him with wooll: whereby they might shew him to be a wanton and effe∣minate person. After which time he liued in per∣petuall infamie among them. The people called Cumaei set an adulteresse in the market place, vpon an infamous stone, and there of the people was put to shame: then being set vpon an asse, she was carried through the citie. Afterward in waie of ignominie, it was said vnto hir, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Saletus a citizen of Croton (as Lucianus wri∣teth of them, which being hired serue for reward) made a lawe, that adulterers should be burned aliue. Within a while after, he himselfe was ta∣ken in adulterie with his brothers wife: he be∣ing accused, made an oration, wherein he so de∣fended himselfe, that all men bent their minds to pardon him. But he, considering with him∣selfe how shamefull an offense he had commit∣ted, leapt of his owne accord into the fire. And among the philosophers, Plato, in his eight booke De legibus, saith; that Adulterie is a great & hor∣rible offense, when the husband goeth to another than his owne wife, and the wife vnto another than hir owne husband. Further, that we ought to kéepe our bodies chast, and not to bestowe them vpon strumpets and harlots. They (saith he) that shall doo that, are in perpetuall infamie.

Aristotle, in his seuenth booke of Politiks, in the last chapter saue one, writeth thus; If anie man shall haue carnall copulation with hir that is not his owne, or anie woman with him that is not hir owne; let that be counted among most shamefull things. So as they noted adulte∣rers, both men and women, to be infamous. Diogenes the Cynik was of another mind. For it happened that a certeine man, called Didy∣mus, was taken in adulterie: and Diogenes be∣ing demanded what should become of him, an∣swered; that according to his owne name, he ought to be hanged. For 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 with the Grae∣cians be the stones of a man or of a beast. In old time among the Atheniens, adulterie was a ca∣pitall crime: as Pausanias in his Boetiks she∣weth. He citeth the lawe of Draco. And it was lawfull among the Atheniens to slaie an adulte∣rer, that was taken with the déed dooing.

And euen this dooth the oration of Lysias testi∣fie, wherin it is spoken of the death of Eratosthe∣nes the adulterer. The adulteresse was not strait waie put to death, but it was not lawfull for hir to come into holie assemblies. Otherwise she might haue all maner of ignominie doone vnto hir by anie person, onelie the punishment of death excepted: not for that they did take pitie of hir, but that they might giue hir the longer torment. Which may be gathered by the oration of Demosthenes against Neaera, if the same be his. Polybius in the second booke of his historie; If an adulterer be slaine (saith he) let the execu∣tioner go frée. He séemeth to speake this by the lawes of the Graecians: for he was a Graecian borne▪ How greatlie the Graecians were moued for the adulterie and violent taking awaie of Helene, all men knowe, which haue anie small skill of the poets. Mahumet (as appéereth by his owne lawes) would haue adulterers to be whip∣ped in a maner to death. The Goths made a lawe of death against adulterers, as it is read in the first booke of Procopius De bello Gothico. Manie things of sundrie nations might be reci∣ted; but these for this time shall suffice.

24 I come now to the Romane lawes. Dio∣nysius Halicarnassaeus commendeth Romulus the first king of the Romans; for that he would haue, by his lawes, matrimonie to be inuiolate;

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and yet (so farre as we can find) he made not a∣dulterie to be punishable by death. Diuorse was permitted for the cause of adulterie. Yea and afterward, for the suspicion of adulterie, a putting awaie of the adulteresse was admitted. And so did Caesar: for he put awaie his wife Pompeia, finding hir with Clodius in the house of the head bishop. But he being afterward bid∣den to declare against hir some witnesse of adul∣terie, he would not: and being demanded wher∣fore he had then put hir awaie, he answered; that his house should not onlie be frée from the filthi∣nesse of adulterie, but also from the verie suspi∣cion thereof. By the lawes of the twelue tables, an adulterer was put to death. But in so much as belongeth to publike punishments, it séemeth that in those former ages, they were more easie. Tacitus in his second booke declareth, that a cer∣teine man was accused of treason and of adul∣terie, in the time of Tiberius Caesar. And tou∣thing adulterie, it séemed that it was warilie enough prouided for, by the lawe Iulia. But Ti∣berius, who about the beginning of his reigne was gentle, did by intreatie put awaie those great punishments, and said; After the maner of our ancestors, let the adulteresse be remooued two hundred miles from the citie, and the adul∣terer be banished both out of Italie and Aphrica.

We read in the tenth booke of Titus Liuius, that one Fabius Gurges, which was Censor, had condemned manie matrons of adulterie. The amercement that they paid was monie, of the which monie he afterward builded a temple vn∣to Venus. Out of the oration of M. Cato, which is rehearsed by Aulus Gellius in the tenth booke, and the title is De dote; we may perceiue, that before the lawe Iulia was made, it was lawfull to slaie both the adulterer and the adulteresse. Augustine, in the third booke and fift chapter De ciuitate Dei saith; that The ancient Romans v∣sed to burie the vestall virgins aliue, if they had committed whooredome; but that they did not deale so seuearelie in punishing of adulterers. He saith, that they rather protected the temples of their idols, than their owne wedlocke. And no maruell it is: for they worshipped adulterous gods; Iupiter, Mars, and Venus. After that time was the lawe Iulia made, whereof there is men∣tion in the Digests, and in the Code. Manie did falselie imagine that the same lawe had béene made by Iulius Caesar.

It was made by Augustus, who was also cal∣led Iulius; for so much as he was the adopted sonne and heire of Iulius Caesar. Suetonius saith, that he made this lawe, and he made it vpon iust cause; for his daughter Iulia, and a néece that he had, were most licentious monsters. The empe∣rour vsed to call them, his rotten impostems. When he had made the lawe, there was brought vnto him a yong man taken in adulterie with his daughter Iulia. The which the emperour tooke in so euill part, as he flue at him with his fists. The yong man with a lowd voice cried out; Thou Caesar onelie hast set downe this lawe. Caesar, for that he was blamed, as if he had béene an in∣constant man, would not eate his supper for sor∣rowe. By this Iulian lawe, where first, in the time of Cato, it had bin lawfull to thrust through both the adulterer and the adulteresse; then was this power taken from the husband: and it was lawfull to kill the adulterer onelie. In the Di∣gests Ad legem Iuliam, in the lawe Marito; and in the Code, in the same title, in the lawe Gracchus.

Yet I read in Suetonius, that Claudius Caesar killed Messalina, vnder the name of adulterie: but for so much as he was an emperour, he did what he would. It was lawfull for an husband to kill the adulterer, although not absolutelie; but when he should be taken with the maner, and in his owne house. Neither might he doo it to e∣uerie one, but to one of the common sort: for if it had béene a noble man, vnto whom he ought a reuerence, it was not lawfull: yet might he kéepe him shut vp in his house 24. houres, vn∣till he did bring witnesses. We sée, that there was some exception of persons. Why leaue was taken awaie from the husband to kill his wife, a reason may be giuen. Husbands doo somtime beare hatred vnto their wiues, when they be contentious or deformed. They might couet to gaine a dowrie and to marrie an other woman: therefore the lawe would not condescend, that the wife should be slaine. Howbeit, it was law∣full for the father of the adulteresse, to slaie both; as well in his owne house, as in the house of his sonne in lawe: as may be séene in the Digests Ad legem Iuliam. But it was not lawfull for him to kill the adulterer, vnlesse he also killed his daughter; the reason was this, that Nature teacheth the parents to loue their children har∣tilie: whereby it is probable, that he would not slaie his daughter, vnlesse she were taken in adulterie.

25 Seneca, in his first Declamation, séemeth to affirme, that it should be lawfull to kill them both. For he put this case. A certeine soldier, which had lost his hands in war, found his wife to haue fellowship with an adulterer: euen while the act was committed, he called his sonne to slaie them. The sonne refused to obeie, where∣fore the father reiected his sonne: it is deman∣ded, whether he did this iustlie or no? But per∣haps Seneca had respect vnto the time of Cato. But if so be the husband, when he was in a furie, had killed his wife being an adulteresse; he, by the Romane lawes, should haue easier punish∣ment, than if he had béen an absolute murthere.

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For he fell not into the danger of the lawe Cor∣nelia of murtherers: his punishment was er∣ile. Which is to be séene in the Pandects, Ad le∣gem Corneliam de sicarijs, in the first and third lawes. Whervpon, when it is said by the Cano∣nists, the 33. cause, question the second, in the chapter Inter haec; that Sometime it was law∣full by the Romane lawes to kill a wife, being taken in adulterie, & not by the Ecclesiasticall lawes; ye must vnderstand, that the matter is not altogither so; but bicause the punishment was light, after a sort it was said to be lawfull. Or else perhaps, they which made those canons, had respect vnto the lawes of Lombardie, in the which that was lawfull.

Let vs also adde, that the husband might, by the Romane lawes, slaie the adulterer; not one∣lie when he tooke him at home with the maner, so as he could not denie it; but also out of the house, when the case were so, that he was sus∣pected, and that the husband could bring testi∣monie, that he had giuen him warning once, twise, & thrise, that he should not haue communi∣cation with his wife. Howbeit, if he had found them talking familiarlie togither in the temple or place of praier, then it was not lawfull so to doo: but they were deliuered vnto the bishop or defender of the church. But the bishops were manie waies against the putting of them to death: neither would they giue licence to kill them. It séemeth, that those first Canonists were led with a desire of sauing soules; that they should not die vpon the sudden, without repen∣tance. The latter Canonists fauoured this mat∣ter, perhaps bicause they, more than others, laie in wait for the chastitie of other mens wiues. Wherefore there were manie punishments for adulterie prouided by this lawe Iulia. First, the crime was brought before publike assemblie: the accusation was admitted, not rashlie (for∣sooth) but by a certeine order. The wife, if she ac∣cused hir husband of adulterie, was not heard; but she hir selfe was accused. The first place was giuen to the husband, the second to the fa∣ther; brethren and vncles also might accuse: and afterward, at certeine times, place was gi∣uen vnto strangers. Diuorsement was ordei∣ned betwéene them, they lest the dowrie and do∣nation, which came by marriage. Both the adul∣terer and adulteresse became infamous, but af∣ter sundrie fashions: the adulterer, not, vnlesse he were condemned; the adulteresse, so soone as she was attached.

And there was some certeine peculiar thing in the crime it selfe, which could not be accorded with the accuser: as it appéereth in the Code De transactionibus, in the lawe Transigere. It is the lawe of Dioclesian & Maximinian: they would not haue it agréed vpon, that monie, being gi∣uen to the accuser, he should cease from [pursu∣ing] this wicked fact. Which yet was lawfull in other crimes of death; namelie, to redéeme the soule for monie, or for anie thing else. Moreouer, the husband might not reteine the adulteresse, nor yet call hir home, after he had put hir a∣waie: otherwise, he should haue incurred the crime of brothelrie. Besides this, when a wo∣man was thus conuicted, no other man might take hir to wife. In detestation of this crime, this also was added; that not onelie they, which had committed adulterie, were punished; but they also, which had intised anie woman, though they could not atteine to their purpose. In the Digests. De criminibus extraordinarijs, in the first lawe, we read; that the intiser ought to be punished without order of lawe. Moreouer, if soldiers had béene conuicted of adulterie, they were dismissed from the oth of war, they were put out of paie with shame; whereof the lawiers beare record, in the Digests Dere militari. Plini∣us secundus, in his sixt booke of epistles, in his epistle vnto Cornelianus, writeth; that Traia∣nus did straitwaie for adulterie discharge a sol∣dier of his oth, and dismissed him with shame.

But these punishments otherwhile were mi∣tigated, and it came to passe, that it was com∣monlie said (as Iuuenal writeth) Thou lawe Iu∣lia, what art thou asléepe? They made but a scorne of it. Sometimes they were contented with this shame, that the adulteresse should be brought foorth openlie in the garment of a man. Where∣vpon the poet Martial saith; When Numa sawe the adulterous ade a far off in hir gowne, then he said that she was a condemned adulteresse. At Rome, in the daies of Theodosius, there was a more shamefull custome. An adulteresse being taken and condemned, was brought to the bro∣thell house: as Socrates in the fift booke of histo∣ries, & third chapter writeth. Theodosius com∣ming to Rome, tooke awaie this most shame∣full custome; least sinnes should be added vnto sinnes. Constantinus Magnus (as we read in the lawe Iulia de adulterijs, in the Code, in the lawe Quamuis adulterij) appointed a verie seuere punishment of adulterie. He calleth adulterers, sacrilegers, or robbers of matrimonie; and ther∣fore thinketh them to be vnwoorthie of this life. Then was that lawe receiued, which did endure vnto the time of Ierom: as we read in the epistle to Innocentius De muliere septies icta Vercellis. There be some also, which affirme, that adulte∣rie, euen before Constantine, was punished with death by the Romane lawes: and they al∣ledge a lawe woorthie to be knowne, which was made by Alexander Seuerus the sonne of Mam∣mea, in the Code Ad legem Iuliam de adulterijs. Thus it beginneth; It is agréeable to the chasti∣tte of our times, that adulterers be punished. If

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anie woman did by anie means escape capitall punishment, he ordeined, that none should mar∣rie hir. And yet the same Alexander was long before the time of Constantine.

26 Some séeke for this shift, and saie; that by capitall punishment, according to the ancient lawes, is ment banishment. But that maketh no matter: for there is an other lawe of Diocle∣sian and Maximinian (who were before Con∣stantine, though not long) where it is thus read in the Code, in the title De transactionibus, in the lawe Transigere; There is no let, but there may be composition made for capitall crimes, except it be for adulterie. In capitall crimes, the lawes doo permit, that a man might redéeme bloud for monie, if néed should be, and might compound with the accuser, to cease his accusation. If by this word Caput, thou saie is ment banishment; the words that followe doo forbid it. In the resi∣due he saith; In those faults, which cause not the punishment of death, it is not lawfull to make composition. Howbeit, the common opinion of the lawiers is, that by the lawe of the Digests, it is no crime of death: but by the lawe of the Code it is, by reason of that lawe of Constantine. Which opinion if we should followe, and saie, that the lawe Iulia ordeined gréeuous punish∣ments, and yet not the punishment of death: I will shew in histories the contrarie. Iulius Cae∣sar had a franchised man, whom he loued deare∣lie; this man being knowne to haue committed adulterie with a matrone belonging to a cer∣teine gentleman, he put to death.

Opilius Macrinus (as writeth Iulius Capito∣linus) was accustomed to burne in the fire the adulterer and the adulteresse, both their bodies being ioined togither. Aurelianus (as testifieth Vopiscus) hauing a soldier, which rauished the wife of his host, tied him fast vnto the top of two trées, which he had bended downe: the same being let slip againe with great violence, pluc∣ked the bodie in sunder in two parts. Augustus, for adulterie, put to death Proclus his franchised seruant. If therefore the lawe Iulia did not con∣demne adulterers to death, it appéereth héereby, that emperours (as the circumstances requi∣red) might increase the punishments. That law of Constantine, which decréed death against adulterers (as we haue it in the Authentiks) is rehearsed in the Code Ad legem Iuliam de adul∣terijs: it beginneth; Sed bodie. Iustinian some∣what mitigated that seueritie, who suffered the punishment to continue, as touching the adul∣terer; but he dealt somewhat more fauourablie towards the adulteresse. He permitted them to haue their life, but yet after such a sort, as they should be beaten with cudgels, and driuen to a monasterie, from whence the woman might be demanded again of hir husband within the space of two yeares. If the husband did not demand hir againe, but were dead in the meane time, she was constrained to liue there during hir life.

After this, adulterie was so smallie regarded, as they made a mocke thereof, and would doo it in a maner of set purpose. In some place they made it to be a penaltie of monie; whereby the poorer sort (in déed) might be restrained, but the richer had a greater occasion to sinne. Euen in like maner as it happened of a law, which Gellius speaketh of; that for paieng a certeine summe of monie, one man might strike another. Whervpō a certeine man giuing a blow to a citizen, whom he met by the way, commanded his seruant that followed him, to go paie the iudge that summe of monie which he had forfeited. By this meanes it came to passe, that men said; He is a vile man that séeketh for law at the chéefe iustices hand a∣gainst adulterie: as if he might saie; He hath small courage, that thrusteth not through both the adulterer and the adulteresse. But although the lawes are silent, yet the iustice of God shew∣eth it selfe: for it punisheth adulterers with mad∣nesse, with furie, and with other most gréeuous punishments; euen as we sée in Dauid. These things had I to declare of ciuill punishments, which if they were distributed into a certeine method, were either punishable by death; so as the magistrate himselfe punished them: or it was appointed to be doone by priuate persons; as by the husband, & the father of the adulteresse; or else, if they escaped the punishment of death, they were noted with some infamie. The infa∣mie was sometime, naked [without outward to∣kens] sometime it had certeine outward tokens [of shame] otherwhile the adulteresse was set vp∣on an asse, and crowned with wooll. Sometime there was added a chastising of the bodie. The wiues were beaten with cudgels, their noses were cut off. Or else the punishment was of an other kind: they were banished, they forfeited a summe of monie, they lost their dowrie, they were diuorsed, and might no more be married.

27 Now we will speake of ecclesiasticall pu∣nishments. And wheras manie things be shew∣ed by the fathers and the councels, we will vse this method: that first we will declare what they haue disallowed in the ciuill lawes; second∣lie, what ecclesiasticall punishments they them∣selues haue laid vpon adulterers. [ 1] First, the pu∣nishment of death liked them not. In the Coun∣cell of Tribure, chapter 46. it is ordeined; that If an adulteresse shall flie vnto the church, she may not be deliuered vnto hir husband, or to the iudge, or president. The first councell of Orle∣ans, which was held vnder Clodouaeus, in the 3. canon, hath in a maner decréed the same; name∣lie, that Adulterers may be safe, if they flie to the church, & shall not be deliuered; or else, if they

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be deliuered, they shall take an oth that they will not hurt them; and if so be they had not stood to their oth, but violated the same, they were ex∣communicated. At the length it came to that passe, that the bishops, to saue them from death, would haue the iudgement of that crime to per∣teine vnto their Court. And this they will haue to be the cause thereof. If this examinati∣on be permitted to laie men, they would be too negligent therein: as who should saie, that they themselues are most seuere. And what I beséech you doo they by their episcopall examinations? They set a fine vpon their heads, and separate them from the marriage bed. Hereof arise innu∣merable whooredomes; yea and the naughtie men themselues sometimes abuse these wiues being separated.

[ 2] Moreouer, they allow not, that the adulterer or the adulteresse should be slaine, either by the husband or father. Of this mind was Augustine in his treatise De adulterinis coniugijs ad Pollen∣tium, in manie places of the second booke. He would, that those priuate men should forgiue adulteries committed. These reasons he brin∣geth; We be all infected with sinne, we haue néed of mercie; Therfore vnto sinners we must shew mercie. And he vseth the saieng of Christ in the eight of Iohn; He which among you is free from sin, let him cast the first stone against the adulteresse. He that is thus vrged, let him thinke with himselfe, whether he be guiltie of sinne. Forgiue ye (saith our Sauiour) and it shall be forgiuen vnto you. We praie; Forgiue vs our trespasses, euen as we forgiue them that trespasse against vs. With what face can we speake these things, if we be so cruell in reuenge? God will not the death of a sinner, but that he shuld turne and liue. Why then wouldest thou his death?

These reasons be not firme in all respects. For if they should be vnderstood concerning ci∣uill magistrates, no malefactor should be puni∣shed; and to what end should magistrates then beare the sword? As touching priuate men, I agrée with Augustine; that they ought not to take such power vpon them, as to slaie the adul∣teresse and the adulterer. If anie man will saie; The publike lawes doo there giue authoritie vn∣to the husband, he is no priuate person: euen as when they command the soldiers to fight, or the executioner to put a man to death, who be pri∣uate men. But if by the commandement of the magistrate, they doo that, which they are coman∣ded, they be not priuate persons anie more. It is lawfull for a traueller, by the waie, to defend himselfe against théeues, if they assaile him: if he slaie them, he is discharged. For the magi∣strate, at such a time, armeth him; he cannot be sued at the common lawe: the prince would not that his subiect should perish.

I answer: that the ciuill lawes haue giuen no such authoritie to the husband and the father of the adulteresse; but onlie hath pardoned their gréefe conceiued: they command not that this should be doone, but they command the soldiers and executioners [to doo their duties.] Where∣fore the similitude is not alike. So also it may be answered of the trauelling man, which is set vp∣on by théeues: if he defend himselfe with a mind to kill the théefe, he is not absolued; but if he kill him by chance, or (as they saie) by accident, then he is absolued. The case is not all one: for he hath no time to call vpon the magistrate, he cannot sue him at the lawe. But the husband might shut vp the adulterer in his house, he might call for witnesses, and deale with him by the lawe. [ 3] Also the Ecclesiasticall writers, and the Cano∣nists doo not allow, that when accusation is had, the adulterous husbands should be heard, and not the adulterous wiues. [ 4] Neither would they allow accepting of persons; to wit, that onelie the common persons, and not the nobler sort should be put to death.

[ 5] 28 Also they are against that rigour, that if the adulterer or adulteresse escape, there should be no reconciliation had. Augustine, in his booke a little before alledged, will haue it to be other∣wise; If the woman (saith he) repent, let there be a reconciliation. He alledgeth reasons thereof; God must be followed, his church dooth often∣times commit fornication, as we knowe was doone in the time of the Iudges and Kings: yet he saith by Ieremie; Ye will not receiue your adulterous wiues, I doo otherwise. The same dooth Hosea affirme in the name of God. If ex∣amples shall beare stroke, Dauid did so. Michol the daughter of Saule was giuen vnto another: that, which was committed, was adulterie; for in that meane while there was no diuorse: Da∣uid required to haue hir againe. Also Iustinian did moderate that austeritie: for when the adul∣teresse had béene thrust into a monasterie, the husband might demand hir againe within the space of two yéeres. But thou wilt tell me: Au∣gustine saith; She is not woorthie to be my wife, she is vnpure and polluted. Why doost thou cast hir vnpure, which hath repented hir selfe? She is restored vnto the kingdome of heauen by the keies; and may she not be restored to thy bed? Wouldest thou haue thy selfe to be so serued?

On this wise did the Councell of Arles deter∣mine: which we read in the Extrauagants De adulterijs, in the chapter Si vir sciens. The words of the Councell be these; If an adulteresse be pe∣nitent, the man ought to take hir againe. The glosse saith; Is it the part of honestie, or of ne∣cessitie? He saith: of honestie. I infer; If it be of honestie, in respect of godlinesse, it is also of necessitie. For we must doo all things, which ap∣perteine

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to honestie: as we haue in the fourth chapter to the Philippians; Whatsoeuer things be true, whatsoeuer things be honest, what∣soeuer things be iust, thinke vpon them. He saith, that it is not of necessitie, bicause he cannot be compelled thereto by an outward lawe. It is added; But not often. That séemeth (saith the Glosse) to be repugnant to the Gospell, when it saith; Seuentie times se∣uen. He answereth, that he may forgiue hir so of∣ten as he will; but the church will not often put it selfe to be a meane for the obteining of this re∣conciliation, least it should séeme to open a win∣dowe vnto wickednesse. Moreouer, the church thinketh that it should be but feigned repen∣tance, if this should be often doone. He addeth; Peraduenture these things are spoken for ter∣ror sake. But if so be she doo not repent hir, she ought not to continue in matrimonie: for then the husband might séeme to be the mainteiner of adulterie. And in the Councell of Arles, it is said; he should séeme to be a partaker of ini∣quitie.

Ierom, vpon the 19. chapter of Matthew, wri∣teth; She that hath diuided one flesh into an o∣ther, ought not to be kept; least the husband should be vnder the cursse. For he that reteineth an adulteresse with him, wanteth wisdome. If he be vniust, which accuseth an innocent, he sée∣meth vnwise that reteineth an offender. But these things must be vnderstood [with this excep∣tion; ] that vnlesse repentance be had. Moreo∣uer, it is demanded; whether the husband shall accuse his wife of adulterie, when she is dismis∣sed? Some thinke, that of charitie she ought not to be accused; if she repent. But others saie, that the crime is not to be forborne; and that priuate magistrates should put to their helping hand, to the rooting out of wickednesse; and that publike weales cannot stand, vnlesse that great offenses be punished; also that the lawe of God would haue euill to be rid from amongst men. It is certeine in déed, that if adulterie should continue still, the adulterer ought to be accused; that at the least wise, by that meanes, he might be made the better, if other conuenient remedies were vsed before: as if he had war∣ning giuen him by his fréends. But admit, that the partie which sinned doo repent, ought he not∣withstanding to be accused? Surelie, if the crime were openlie knowne, and the partie in∣nocent receiue the adulteresse into fauour by reason of repentance, he shall séeme to main∣teine sinne. Men knowe of the adulterie, but of the repentance they knowe not; they will thinke that he vseth brothelrie. If he accuse hir, he shall at the least wise purge himselfe, and auoid the blame of infamie.

Admit that the crime be not so commonlie knowne, and that the partie in fault be repen∣tant: but she hath conceiued, and is to be deliue∣red of a child: if the husband accuse hir not, the issue shall be his supposed heire; it shall not be lawfull for him to disherit him: there will be an iniurie doone vnto his lawfull begotten chil∣dren. What shall be doone in this case? In these two latter cases; namelie, if the crime be open∣lie knowne, and the child conceiued; counsell is giuen of the more learned sort, that the husband shall not go vnto the magistrate, to desire the punishment to be executed on hir, which is peni∣tent; but that, for the auoiding of his owne infa∣mie, he shall repaire to the church, and signifie the cause: whereby they may vnderstand, that the partie dooth repent. Also, if the case be shewed to certeine persons; not for punishment sake, but to the intent they may knowe that the fruit is conceiued by an adulterer, which afterward also he might disherit, there is found a reme∣die for these euils. Ioseph, when he sawe his wife Marie to be great with child, not by him, was troubled, he would not defame hir, and yet was he a iust man. On the one part he saw it belong∣ed vnto iustice to accuse hir; on the other part, he was troubled in himselfe, not without the speciall prouidence of God. While he was in a perplexitie, which waie to take; GOD was at hand with him. So will he likewise doo vnto the godlie in these cases, he will be present with them, and will comfort them. These questions we fall into, by reason that adulterie is not pu∣nished by death.

29 Thus haue we séene what the fathers haue disallowed in the ciuill lawes. Now, héereafter let vs sée, what maner of ecclesiasticall punish∣ments they haue béene accustomed to laie vp∣on adulterous persons. Cyprian, in the fourth booke, and second epistle vnto Antonianus, wri∣teth; that There were certeine bishops, which gaue no peace vnto adulterers; that is, they ad∣mitted them not to the communion, but would haue them perpetuallie to be excluded. Others gaue them peace, but yet after a certeine time. Cyprian thinketh, that a moderation must be vsed; least they be vtterlie excluded from Christ, and cast awaie all loue of religion. He saith also, that there must be a triall made of their repen∣tance for a certeine time: the space of time he appointeth not. The Synod of Ancyra, in the 19. chapter, appointed seuen yeares: which space of time the Eliberine Councell abbridged vnto fiue years. Whereby it may appéere, that it was in the choise of the prelats of the church. The Councell of Neocaesaria decréed, concerning Clergie men; that If the wife of a Clergie man fall into adulterie, he is at his choise, whether he will straitwaie refuse hir, or else depart from the ministerie. They séeme to admit no reconci∣liation

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in the clergie. I thinke the cause séemeth to be, for that the familie of the minister ought to be of good report. Moreouer, they added; that a laie-man, whose wife was fallen into adulte∣rie, should not be admitted into the ministerie. I thinke the cause to be this; for that he first ought to haue gouerned well in his owne house. But there was a suspicion of negligence, séeing his wife did fall into adulterie. If a clergie man had not reiected his wife, when she fell into adul∣terie, the Eliberine Councell gaue him no peace or fellowship with others, during his life.

The Councell of Toledo decréed otherwise (as we haue it in the Decrées, 32. cause, questi∣on the sixt, in the chapter Placuit; to wit, that A clergie man, whose wife did fall into adulterie, might kéepe hir at home; howbeit tied for cer∣teine yéeres, with a fasting that should serue to kéepe hir in health, but not that should make hir to die. In the Decrées, the 81. distinction, in the chapter Romanus, the chapter Presbyter, and the chapter Diaconus; Adulterous ministers be vt∣terlie remooued from the ministerie. And the Eliberine Councell did giue no peace vnto bi∣shops, priests, or deacons (being fallen into adul∣terie) no not when they should die: no more also did they to the common sort of men, which had committed adulterie more than once or twise. They found also another kind of remedie, but that was in cases of suspicion. In the Extraua∣gants De iudicijs, in the chapter Significasti; If a minister were suspected of adulterie, and the crime could not be prooued, they vsed the cano∣nicall purgation; namelie, that he should find out other fiue ministers, which would affirme by oth, that they could not beléeue this of him. But such it behooued these ministers to be, as they might be sure would not forsweare themselues. They vsed also another thing; namelie, that an adulterer should not contract matrimonie with the adulteresse, if hir first husband had béene dead. But this they vnderstood [conditionallie] if so be they had contracted while the other spouse were aliue; or had conspired the death of the husband.

There resteth to declare what we are to thinke of the decrée of Iustinian. As touching that, that a woman, after she were beaten, should be dri∣uen into a monasterie, and not be punished with death as an adulterer: I perceiue not by what reason that might be prooued. The crime belongeth vnto both, as well to the man as to the woman: why then is the punishment vn∣like? The sinne of the woman dooth no lesse staine the familie, than the sinne of the man; yea and that more. Perhaps it will be said, that she is weake: but if that reason should take place, no woman ought to be punished with death. Wherefore vnder correction of so notable a man, the inequalitie of the punishment can hardlie be allowed: but I thinke he did this in fauour of the bishops. Moreouer, he is blamed, insomuch as he ordeined; that If a husband shall not de∣mand his wife againe within two yéeres; or else that he die, she should be constreined to liue continuallie in the monasterie without marri∣age. Vndoubtedlie that is against the holie scriptures. What if she be incontinent, as she gaue a token thereof by reason of the crime of adulterie? If so be that the magistrate grant life vnto a malefactor, he ought also to grant those things, which perteine to a godlie life. O∣therwise, what profit commeth by putting hir awaie; vnlesse it be to make hir woorse? I haue declared what I thinke concerning the decrée of Iustinian.

30 Now let vs come vnto the other questi∣on; namelie, whether a man and a woman doo sinne, the one as gréeuouslie as the other, in the case of adulterie; and whether they both are to be driuen vnto one punishment, so that in all re∣spects they should be in all things equall. Vnto verie manie it hath not so séemed good; and that verelie for diuers causes. They would haue the case to be more gréeuous touching women than touching men: and the causes, which lead them thereto, are these. [ 1] [First] bicause they perceiued that the ciuill lawes doo admit no accusation of the husband against his wife, or of the father a∣gainst his daughter; but not so of the woman, although she take hir husband with the shame∣full act, and haue witnesses of the same: as we haue in the Code, within the title Ad legem Iuli∣am de adulterijs, in the first lawe. Wherefore they in old time accounted the fault to be more grée∣uous [in the woman.] [ 2] Also they weigh this, that a woman being taken, is straitwaie infamous: but a man must be first accused and condem∣ned, before that he be stained with infamie. [ 3] Thirdlie, it was sometime lawfull, before the lawe Iulia, for husbands to kill their wiues: as Cato testifieth in the place aboue recited; The lawe (saith he) is to slaie hir that is taken. But it is not lawfull for hir to touch thée once with hir finger, if she perceiue thée to commit adulte∣rie. Herevnto Plautus pleasantlie alluded in the comedie Mercator. In verie déed women are here bound to ouer-streict a lawe: [ 4] as Plutarch (vpon the life of Romulus) reporteth, that it was lawfull for the husband to put awaie his wife for adulterie; but not so on the contraie part. Which lawe séemed also to like Constantine: as we read in the Theodosian Code, De adulte∣rijs, in the chapter Placuit; Let the husband (saith he) put awaie his wife for adulterie, but let not hir doo the same vnto hir husband, though he be an effeminate person, or a muliercularian. For this terme he vseth.

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[ 5] Also they héerby consider of an inequalitie; for that the woman, if she kept ill companie with an other mans bond-man, she was made a bond-woman; but it is not taught that it was so doone vnto men, if they sinned against bond-wo∣men. [ 6] Moreouer, they saie, that lust is alwaies counted to be more shamefull in women, and that therfore the crime should be more gréeuous in them. [ 7] Further, they suppose that a man, al∣though he liue in matrimonie, if he kéepe ill companie with others, being loose or single wo∣men (as they call them) he committeth not adul∣terie: when as on the contrarie part, a woman being married, may haue fellowship with no man, but she falleth into adulterie. And they al∣ledge that which Suetonius writeth vpon the life of Vespasian; that he caused the Senate to de∣crée, that a frée-woman, which ioined hir selfe with bond-men, should be constrained to bon∣dage: but decréed not so, touching men. How∣beit, this and the fift argument is all one. [ 8] There is an other argument taken Ex Orificiano, out of the Code, in the lawe Illustris; that It is a farre more shamefull thing for a woman to haue ba∣stards, that is, by one which is not a lawfull hus∣band, than it is for a man to haue bastards. [ 9] Ec∣clesiasticus is alledged, which in the 7. 24. & 26. chapters, speaketh manie things of the custodie, which the father ought to haue of his daughters, for the conseruation of their chastitie; but spea∣keth nothing of his men children. [ 10] They also con∣sider this; that A woman, being taken in adul∣terie, looseth hir dowrie and donation, granted in respect of marriage, [ 11] whereas the adulterer susteineth no losse. In the Extrauagants De do∣nationibus inter virum & vxorem, in the chapter Plerúnque, in the end; Adam and Eue, being found to be in one kind of sinne, haue not both one punishment: Eue is punished more grée∣uouslie.

[ 1] 31 On the other side, the causes séeme to be verie great, which persuade otherwise. The first is, that a woman is more weake and vnperfect [than a man;] she wanteth vnderstanding and iudgement. These things séeme to serue for di∣minishing the fault. And manie lawes persuade vs, that in punishing, we should haue a conside∣ration of the sex. [ 2] Some of the lawes I will re∣cite. In the Digests Ad legem Iuliam peculatus, it is said; that In punishment, there must be consi∣deration had of the sex: the lawe beginneth, Sacrilegij poenam. Also Ad legem Iuliam de adul∣terijs, in the lawe Si adulterum, in the Paraph Fratres, and in the Paraph Iacestam, they would haue a difference to be considered of in the sex, bi∣cause women are not forced to be skilfull in the lawes, sometimes they be deceiued: they thinke that to be lawfull, which is not lawfull. Also the Ecclesiasticall lawes teach, that there ought to be a consideration had of the sex. In the Extra∣uagants, De homicidio, in the chapter Si dignum, in the Code, Ad legem Iuliam maiestatis, in the lawe Quisquis, in the Paraph Filias; There is more fauour shewed to the daughters of conspi∣rators, than vnto their sonnes. In the Decrées, cause 32. question 6, the chapter Indignatur, there is consideration had of women, euen in the selfe same cause of adulterie.

[ 3] There be saiengs also of most excellent men, which be agréeable to this sentence. Augustine, in his treatise De adulterinis coniugijs ad Pollen∣tium, citeth the letters written by Antonius Pius which we may read in the Gregorian Code; that It is verie vniust, that men should require that faith of women, which themselues will not shew. [ 4] In the Digests De adulterio, in the lawe Si vxor, in the Paraph Si iudex; It is commanded, that if the iudge haue knowledge of the adulterie, let him looke whether the husband haue liued chast∣lie. [ 5] And so the fault of the woman is mitigated, bicause the men themselues by their ill liuing be causes of their vncleane life. [ 6] Whervpon Seneca, in his 94. epistle vnto Lucillus, saith; that It is a most vniust thing for men to exact faithfulnes of women, when as they themselues be the cor∣rupters of other mens wiues. [ 7] Neither did Au∣gustine put this matter in silence, who saith, that Vir; that is to saie, Man, hath his name of Vir∣tus, that is, Vertue; and that therefore he ought to excell the wife in all vertues and chastitie. In his litle booke De decem chordis, (and it is also read in the 32. cause, question 5. in the chapter Non moechaberis,) saith, that The husband is the head of his wife; if the head fall into adulterie, and the wife be chast, he is a man turned vpside downe, the head is vnder the féet.

[ 8] It hapneth ofttimes, that the adulteries of the wife, are reuengements of an adulterous hus∣band. It is said of Clytemnestra, that she gaue the power of hir bodie to Aegistus, bicause she heard that Agamemnō preferred Chrysis before hir. That such a punishment is brought by the iudgement of God, it appéereth that Iob vnder∣stood, who in the 31. cha. saith; If my hart hath been carried aside to a strange woman, and if I haue lien in wait at my neighbors doore, then let my wife grind vnto an other man, and let hir yeeld hir bodie to other men. So then there be rea∣sons to be made on both parts. What shall we saie? If credit be giuen to the Schoole-diuines, the distinction must be made, which is mentio∣ned in the fourth booke of sentences, in the 35. distinction. If the faith of wedlocke be conside∣red, the sinne is equall on both parts; either is bound vnto other, whether the woman giue hir selfe to another, or else the man commit adulte∣rie. If the condition of the person be respected, séeing man is the more perfect, he hath the fir∣mer

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iudgement, and ought to excell his wife; his sinne is more gréeuous than hirs. Howbeit, if we note the confusion of things, the supposed heires, and the shame of the familie, the woman is more gréeuouslie charged.

But as touching the verie lawe it selfe of wed∣locke, they saie well; that the bond is all alike, that sinne is committed as well by the one as by the other, they must be brought to an equali∣tie. Equalitie we prooue out of the holie scrip∣tures; Vnto one Adam, the Lord gaue one Eue; and to one Eue, he gaue one Adam: and he said; They shall be two in one flesh. Paule, when he treateth of these things in the first to the Corinthians, the seuenth chapter, saith; that The wife hath not power ouer hir owne bodie, but the husband. And on the other side, he ma∣keth this lawe equall to the one and the other. Neither dooth he speake vnto the one partie, of rendering due beneuolence; but vnto them both. And if they shall thinke good to seuer themselues for praier sake, he willeth that the same be doone by both their consents. In case of religion, if they will not dwell togither, ech par∣tie is set at libertie. The same is also spoken there concerning the vnbeléeuing husband. The lawe of God commandeth, that both, as well the adulterer, as the adulteresse, should be slaine. Séeing therefore he maketh this equalitie, we also ought to followe the same.

32 Now it remaineth, that we answer to the arguments. It was said, that a woman must not be heard. This lawe is ciuill, and refused of the Ecclesiasticall writers; and that iustlie. Ierom, in his epistle to Oceanus, vpon the death of Fabiola, wrote a verie excellent sen∣tence; Those things, which in the holie scrip∣tures are commanded vnto men, doo redound vnto women. Wherefore, if it be lawfull for a man to start from his wife, for the cause of adul∣terie; it is also lawfull vnto the wife. Among vs there is the same libertie, and the same bon∣dage vnto both parties: to correct after a sort the ciuill lawes. Both parties must be heard. Touching infamie also, it is mans ordinance. Euen as praise is called the celebration of other mens vertues; so infamie is to dispraise that, which is in another. And it may be, they will speake more of women than of men. But with God this fame is of no importance. There is more spoken of the women, by reason of the harme which they bring; and bicause they make a confusion in families. As concerning that it hath béene lawfull for men to kill their wiues, and not for the wiues, their husbands: I an∣swer; If it were lawfull, yet that lawe was not iust, as the fathers thought. I adde: It is no maruell if it were not lawfull vnto women; for they handle not weapons, but are subiect vnto men; and in this respect there is some inequa∣litie.

And in that there was vsed to be a putting awaie of the woman by the man: I saie it was a decrée of men, as Ierom citeth in the sentence now alledged. Assuredlie, Theodosius (as we find in the Code De repudijs, in the lawe Consen∣sus) giueth authoritie vnto the wiues, to put a∣waie their husbands: and he declareth manie causes why. There is an excellent place of this matter in the Decrées, cause 32. question the fift, in the chapter Christiana religio: where it is written, that Adulterie is condemned in both sexes alike. And bicause some were offended, for that they sawe men oftentimes put awaie their wiues, and wiues to be more often excommu∣nicated for adulterie than husbands: answer is made, that it is not, bicause sinne is lesser in man than in woman; but for that men might haue more frée authoritie against the women. And therefore, forsomuch as the church dooth not iudge, vnlesse it be in matters which be mani∣fest, it commeth to passe, that women are more often taken than men, and are excommunica∣ted, & suffer diuorsement. Also we knowe, that in the old lawe, it was lawfull for men to giue a bill of diuorsement vnto women; but contra∣riewise, that the same was not lawfull for wo∣men: therefore it séemeth, that God did attri∣bute more vnto men. I answer, that the case must be weighed, for the which God would haue this bill of diuorsement to be giuen. It had béen an easie matter for men to kill their wiues, when as they might not be rid of them: but this was lesse to be feared of women, bicause it dooth seldomer happen.

Another argument was, that it was prouided by the lawes; that If a woman coupled hir selfe with another mans bondman, or kept shame∣full companie with him, she shuld be brought in∣to bondage: but it was not so ordeined against men, that they should become slaues; according as Vespasian persuaded the Senate of Rome, as Suetonius reporteth. But it is answered, that men made this decrée. If it had béene in wo∣men to haue decréed the same, they would haue prouided otherwise. Moreouer, it appéereth, that Plato, in the second booke of his lawes, counted both alike; both the men, which kept vnlawfull companie with bond women; and the women, which did the like with bondmen. Besides, they that would make a difference, are in the danger of that saieng of Paule; In the same thing that thou iudgest another, thou condemnest thy selfe, for thou dooest euen the same things that thou iudgest. But it was added; That lust hath al∣waies béene counted a more shamefull thing in women, than in men. Of whom hath it béene so accounted? Of men. But, will we saie, is it so,

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if we respect the will and commandement of God? Man and woman vndoubtedlie be all of one lumpe. Further, women be the vnperfecter and of the lesse iudgement: it is mans part to guide them, and to haue charge of them. How can the lust be more filthie in woman than in man? Vnles perhaps we will haue this respect, that womens shame is more manifest, they become with child, the matter apéereth, the shew is more euident in them: but if we consider the commandement and lawe of GOD, the case is all one with them both.

[ 7] 33 But they saie; that It is the common opinion of men, that if a man, ioined in matri∣monie, haue copulation with a woman, being frée and at libertie, he committeth not adulte∣rie; but that whensoeuer a woman that is mar∣ried, haue copulation with an other, she is coun∣ted an adulteresse. So as there is a difference. To dissolue this reason, manie things are to be said. First, if we séek the etymologie of the word adulterie; it signifieth, To go to the wedlocke bed of an other. Wherefore, in what sort so euer it be doone, be it of man or woman, it is all one. Indéed I knowe, that the ciuill lawes haue iudged and determined, that it is adulterie; when there is wicked societie with a married woman. For if the same be either widowe, or virgine, they saie it is whooredome: and that a∣dulterie is onelie to haue fellowship with hir that is married. This is the opinion of the law∣iers, as appéereth Ad legem Iuliam de adulterijs, in the lawe, which beginneth Inter liberas perso∣nas. Wherevpon Azo, a famous lawier, defined Adulterie to be the lieng with the wife or spouse of an other man; and that, to speake properlie, (which I adde, bicause Ierom, in his 2. treatise against Iouinian, towards the end, writeth the opinion of Xystus one of Pythagoras sect, that if the husband moderate not himselfe in concupis∣cence with his wife, he committeth adulterie, but this is not proper adulterie) the deflowring of cō∣cubins or handmaidens, which be ioined in mar∣riage with bond-men, is not taken for adulterie.

Indéed it was sinne, and there was an action commensed, either of the law Aquilia, or else of trespasse; as against a seruant corrupted, but not to appeach him of adulterie. But we are to iudge otherwise by the holie scripture. The law∣iers by their leaue haue not well defined adulte∣rie. This did Chrysostome note, who in his epi∣stle to the Thessalonians writeth thus; The Ro∣mane lawes punish women, which be taken in adulterie, but men they doo not punish, yet God will punish them; for without all doubt, it is a∣dulterie. Augustine, in his booke De fide & operi∣bus, the 18. chapter, saith; that They be adulte∣rers, which haue other mens wiues in place of their owne; and adulteresses, which haue other womens husbands. And so a woman, that is set at libertie, and vseth a strange man in stéed of hir owne, committeth adulterie. The same Au∣gustine, De bono coniugali contra Iouinianum, the fourth chapter, writeth; that Adulterie is a vio∣lating of the faith of wedlocke. When a man therefore hath accesse to an other mans wife, whether she be frée, or knit in marriage, adulte∣rie is committed by him, that is the husband. And a little after he saith; It is adulterie, when there is carnall fellowship with an other man, or an other woman, against the couenant of marriage. How oft therefore so euer it be doone against this couenant, by the testimonie of Au∣gustine it is adulterie.

If I should define it, thus would I saie; that A∣dulterie is a venereous action, wherein there is carnall fellowship with that flesh, which is not bound to it selfe by the lawe of matrimonie, but vnto an other. Now let vs sée the parts of the de∣finition. Action is the genus, or generall word: and bicause the actions of men be diuers, vene∣reous is added for the difference. Againe, there is an other difference; in that the fellowship is with that flesh, which is bound vnto an other, by the faith of matrimonie. Why is it said; Not vn∣to it selfe, but, vnto an other? [ 8] To the intent we may vnderstand, that in the polygamie, which was in old time, there was no plaine adulterie. For one of the wiues, when she was ioined with a husband, was ioined with that flesh, which was also tied to another woman. Therfore it is said; Which is not ioined vnto it selfe, but vnto an o∣ther, by the faith of matrimonie. Further, if we will more narrowlie examine that péece of the sentence; To haue carnall fellowship, may be vnderstood, to be either in act, or cogitation. For Christ saith; He that shall looke on an other mans wife, to lust after hir, hath alreadie committed a∣dulterie in his hart. But héere we speake of adul∣terie, that breaketh out into act; not of that, which as yet is within the hart.

34 Moreouer, it was said to be more shame∣full for women to haue bastards, than it is for men. [ 9] This also hath procéeded of mans reason: a shame it is, both to the one and to the other; but perhaps it appéereth more in women than in men. Those places of Ecclesiasticus, which vrge parents to kéepe their daughters, or the bo∣dies of their daughters, haue not respect vnto this place. No rather, the wise man dooth consi∣der, that if daughters be corrupted, they are to bring great harme & ignominie to their fathers house; and the father is accused of negligence. But men children must also be well brought vp, howbeit, the fowlnes of this fact, in this crime, appéereth else-where, not in the fathers house. Neuertheles, these things bring not to passe, but that they both commit sin. [ 10] An other argument;

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But wiues loose their dowrie, whereas adulte∣rers be not so punished. That is false: for euen as if matrimonie be vndoone, by the fault of the woman, she looseth hir dowrie and donations giuen in respect of marriage; so, if it be doone through the mans fault, he looseth the dowrie it selfe and donations also, and must restore them vnto hir.

[ 11] Againe, somwhat was said of Adam and Eue; that they were in the like fault, & yet Eue was more gréeuouslie punished than Adam. Here may either of both be said; either that the sinne was not of like weight, or else that the punish∣ment of Eue was not more gréeuous. It is ex∣cused by some, that the mans fault was the greater. For it is said; Curssed is the earth for thy sake, in sorrowe shalt thou eate of it, thorne and thistle shall it bring foorth vnto thee, and thou shalt eate of the herbe of the feeld; in the sweate of thy face shalt thou eate thy bread, &c. These euils were continuall vnto man: he should labour, he should eate in great sweat and trauell, and the earth gaue not vnto him the fruit that he looked for. Women séeme to be lesse punished; onelie the paines of child-birth and conceiuing are laid vpon them, the which be not perpetuall: but the labours of men doo alwaies continue. Further, the man ought to prouide, not onelie for himselfe, but also for his wife, chil∣dren, and for his whole familie. But if thou wilt saie, that the wife is subiect vnto the husband, and must be vnder his gouernement: this im∣porteth not much; for by the verie constitution it selfe, she is inferiour vnto man. Wherefore it might by this meanes be denied, that woman is more gréeuouslie punished than man.

But if we would grant vnto this, we might also saie on the other part, that the sinne in wo∣man was somewhat more gréeuous; namelie, bicause she was seduced by the diuell, and so se∣duced, as she thought she should become equall vnto God, and this she verie much desired. Ne∣uerthelesse, Adam beléeued it not; bicause he sawe it was not possible to be: and therefore the apostle saith, that he was not seduced, but did onelie eate; to the intent he might obeie his wiues mind, and made more account of his wife than of God; therefore he was not decei∣ued with the same kind of errour. Moreouer, the woman did not onelie sinne, but she also indu∣ced hir husband to sinne. But on the other part, she is somewhat lightened; bicause she was the vnperfecter, and was seduced. Howbeit, if anie of their sinnes were more gréeuous than other, the womans sinne was to be weighed the grea∣ter. This is the opinion of the Maister of the sentences, in the second booke, distinction the 12: and he alledgeth manie places out of Augu∣stine. But I, for my part, would saie; that the mans sinne was more gréeuous, and that his punishment was the greater, by reason of his perfection and excellencie. Wherefore this argu∣ment maketh nothing to the purpose; either the punishment was of equalitie, or else the cir∣cumstances were not alike gréeuous to be ag∣grauated to them both. The circumstances were manie, some were more gréeuous in Adam, and some in Eue.

35 Also it was alledged on the contrarie part, that the sinne is lesse in women: for a conside∣ration should be had of the sex. Indéed this is to be granted: yet the cause must be searched out, why those lawes be fauourable vnto the sex. And there is a cause brought by the lawes them∣selues; namelie, that women are not driuen to haue the knowledge of all lawes and customs: and therefore may the more easilie erre; and the error dooth somewhat mitigate the fault. But here this erring hath no place: for there is no woman so foolish, but she knoweth, that she ought to kéepe hir faith and promise with hir husband. But in incest, they rather forgaue vn∣to women than vnto men; bicause they knew not those degrées, wherein it was lawfull or not lawfull to be married: and therefore they were not so gréeuouslie punished. And wheras it was alledged, that the adulteries of the men are of∣tentimes punished by the adulteries of the wo∣men: as it hath béene said of Agamemnon and Clytemnestra. We answer, that such reuenges are not to be allowed; for that they are repug∣nant to the word of God: and therefore we al∣low no such forms of reuenging.

True indéed it is, that sinnes are punished with sinnes; and he that kéepeth not faith him∣selfe, must not looke to haue another kéepe the same with him: neuerthelesse, this is doone by the order and prouidence of God. It is not law∣full for anie man to doo ill, bicause another hath sinned: for by that meanes, euill would growe till it were infinite. In that women are some∣what forborne in the great offense of treason, it is no maruell: for, the cause why that the sonnes of conspirators, which haue sinned against the prince, are punished in such sort as they be, is; least that if they should reteine the authoritie and riches of their parents, they might imitate their sinnes; or else reuenge their death: the which in daughters is not to be feared. But yet it must not therefore be concluded, that there is a difference as touching the crimes. Bréeflie, I allow well inough that distinction of the School∣men; that if the faith of matrimonie be consi∣dered, the sinne is of like equalitie, both in the adulterer and adulteresse. If the state [of the parties] be considered, the man sinneth more gréeuouslie: but if we regard the harme that is doone vnto the familie, it is to be laid to the wo∣mans

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charge. And, that man sinneth more gréeuouslie, in respect of that which belongeth to his state and degrée, it is manifest; not onelie by this, that he is of a greater iudgement, but we may also perceiue it, euen by the holie histo∣rie. Nathan was not sent vnto Bethsabe, but vnto Dauid.

36 And thus much haue we said concerning the second question. Now let vs come to the third; namelie, what we are to determine of these punishments intermitted. Verelie, if I should speake fréelie what I thinke, it is not well ordered, that the punishment of death is not in vse; séeing the same agréeth with the woord of God, and with diuine lawes, which ought to be of great importance with vs. [ 1] In Leuiticus, and in Deuteronomie, God ordeined, that both the adulterer & adulteresse should be slaine. [ 2] Second∣lie, I proue this by the verie order it selfe of the commandement of God. Let vs laie before our eies the ten commandements. As touching the worshipping of the true God, it perteineth to the first commandement: he that should doo other∣wise, was to suffer death. Of taking the name of the Lord in vaine, it is said; If there be anie blas∣phemer, let him die the death. Of kéeping holie the sabboth daie, we read; that he which did ga∣ther stickes on the sabboth daie, was comman∣ded to be slaine. Of the fift precept it is decréed, that if any man were rebellious against his pa∣rents, he should be brought to the iudges, and slaine. Of the sixt precept; He that hath slaine an other man, let him perish, and let him be plucked euen from the altar. Then followeth the precept of adulterie; there the sword staieth his execution, and procéedeth no further. Vnto stealing and false-witnesse-bearing, there is no punishment of death appointed. Neither hath concupiscence any punishment of bloud belong∣ing therevnto.

[ 3] Séeing the order is on this wise, I would know, why the men of our time inuert the same? But they saie that the Common-weale is more disturbed by théeues, than by adulterers: for we must haue a consideration vnto the commoditie of the Common-weale. But I denie that théeues doo more disturbe the Common-weale. If they robbe and slaie by the high waie in the night, and lie in wait for mens liues, I might easilie grant it: but absolutelie of stealing I cannot say so. Doubtles, if our iudgement be right, who had not rather loose somewhat of his goods and sub∣stance, than that his wife should be dishonested? Howbeit, such a couetousnesse there is at this daie ingraffed in men, that they make more ac∣compt of their monie, than of their wiues hone∣stie. Wherefore I saie, that there is some iniu∣rie doone vnto théeues, in so much as they be han∣ged; and adulterers, who sinne more gréeuous∣lie, are suffered to liue. [ 4] The fourth reason is, that in suffering adulterers to liue, they intricate vs with verie hard questions. First there is brought in by the papists a diuorse from the mar∣riage bed, but not from the bond of matrimonie. Moreouer, there is disputation, whether the in∣nocent partie may contract matrimonie, while the other partie liueth. And there is a controuer∣sie, whether the adulteresse, which suruiueth, may marrie againe with an other. Further, they dis∣pute of reconciliation betwéene adulterers, and by this easie meanes, cities are filled with vn∣cleannesse and adulteries; and men would after a sort be more pitifull than God himselfe.

37 It is obiected, that Christ suffered not the adulterous woman to be stoned. The eight of Iohn. Wherby they gather, that the Lord would not haue this to be doone in the state of the Gos∣pell; and therefore adulterers are to be spared in these daies. They saie also, that Ioseph being ac∣cused of this crime, was not put to death. To these two examples we must answer. First, I am not ignorant, that the same storie, in the eight chapter of Iohn, hath béen reiected by some; bicause it rather séemed to be put in of others, than to be written by Iohn. Ierom, in his second booke against Pelagius, writeth of this matter. The same dooth Eusebius Caesariensis touch in his third booke, who saith; that he did thinke it to be taken out of the gospell of the Nazarits. Augu∣stine, in his second booke De adulterins coniugijs ad Pollentium, thinketh; that It was the verie storie of Iohn in déed, but deuised by cruell hus∣bands to be wiped out, to the intent that adul∣terous wiues might be put to death. Héereby it commeth to passe, that in some copies it is found and in some not. How likelie a thing this is, let other men iudge. What so euer it be, whether it be of Iohns writing or no, the matter is not great; for it conteineth nothing against the sen∣tence which I haue proposed: which thing I will somewhat more largelie declare.

Ye must thinke with your selues, that the Pha∣risies did not bring the adulteresse vnto Christ, as vnto a iudge or king; for they neuer acknow∣ledged him to be such a one. Neither did Christ euer vsurpe such an office vnto himselfe, he with∣drue himselfe, when they would haue made him a king; neither would he diuide the heritage: and he pronounced his kingdome not to be of this world. Whie then doo they bring hir to him? Euen to laie a bait for him, and as they saie to take him in a trip. He was praised among the common sort for his clemencie, he was loued of the people. Then did these Pharisies deuise a∣mong themselues; If he shall saie, that she must be put to death, this fauour of the people will fall from him, as being one, that would bring in againe the rigor of the lawe; but if he saie, that

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she must be let go, he shall doo against the lawe of Moses, yea & of God himselfe. But Christ verie well repelled their wilinesse. He did neither of both, which they hoped he would doo: yet in the meane time, he did his part verie woorthilie. He was no ciuill magistrate, but the minister of the church. It was his office to preach the Gospell and repentance; both which he did. Where∣fore he said to the Pharisies; Hee that among you is free from sinne, let him throwe the first stone at hir. He said not; Let hir not be put to death: but, Take héed what ye your selues doo, and repent.

This also must Iudges be warned of, that in the thing wherein they condemne others, they be not guiltie themselues. But therefore it is not said; If your selues haue sinned, spare yée others. For they should sinne two waies; as well for that themselues were guiltie of hei∣nous offenses; as also bicause they punished not others, which were guiltie in the same. This that belonged vnto himselfe, he gaue them war∣ning of: and in the same sort he did afterward vnto the woman; Go thy waies (saith he) and sinne no more. Therefore he discharged hir: for he said; Seeing no man hath condemned thee, neither doo I condemne thee. He sawe hir peni∣tent hart. After what sort did he acquite hir? Not from the punishment of death; for that he left to the Common-weale. But he accused hir not. That might not Christ doo, not in that respect that he was a minister of the church; but bicause he had not séene hir, nor taken hir with the ma∣ner, he could not be a witnesse; neither came he into this world for that purpose.

Notwithstanding, some man will saie; She neuerthelesse scaped awaie, by reason of the words of Christ. This was indirectlie [not in re∣spect of Christs iudgment.] Christs dealing was otherwise. This was the Scribes fault, who might not abide to heare Christs preaching of repentance. They euerie one departed one after another, and left hir there alone. Neither is this a good consequent; Christ, at his first comming, condemned not an adulteresse; Therefore he pu∣nisheth not adulteries. He punisheth them of∣tentimes, when the magistrates sword is still: he dooth, and he will doo his office. Neither is it a good reason, to saie; The church hath not the sword, it dooth not punish adulterie with death; Therefore, neither ought the ciuill magistrate to doo it. The church letteth not the ciuill magi∣strate, but that he may doo his office. More slen∣der is the argument taken of Ioseph: for cer∣teinlie he was deliuered to the chéefe iustice of capitall crimes. The crime therefore was of death: they which were put in that prison, were appointed to be put to death; euen as that Ba∣ker was. But the iudgement of Iosephs cause was deferred: besides this, he was not accused, that he had committed adulterie; but that he would haue doone the same. And let these things suffice for those obiections.

38 Now I conclude, that I speake not this, to the intent I would abolish the authoritie of magistrates. I knowe that crimes are to be pu∣nished, this is appointed by the lawe of God: but the maner of punishing is committed vnto ma∣gistrates; neither ought those lawes to be of force. I knowe also, that those ciuill lawes, gi∣uen by Moses, doo no more bind vs than the ce∣remoniall doo. The ceremonies tooke effect till the comming of Christ. The ciuill lawes had their vse so long as the Common-weale did last; they were conuenient for that people. But I dare take vpon me to saie, that it were conue∣nient, that the iustice, which is to be séene in those lawes, should not be neglected, but should be im∣braced of magistrates as a profitable thing. As touching the ecclesiasticall punishments, in my iudgement, such regard ought to be had, that a∣dulterers, which be conuicted, and are not peni∣tent, might in such sort be handled, as at the least-wise they ought not to scape so frée in the church from punishment, as they should be par∣takers of the sacraments: for the crime is most gréeuous; they wound the conscience of the god∣lie sort. And how gréeuous it is, it is set foorth vnto vs to behold in the fall of Dauid. But what is the cause, why Dauid was not condemned? We answer, that there was not tribunall seae aboue his owne; he had none aboue him but God, who pardoned him of life: but yet that the same should be full of manie crosses; so as he séemed rather to be reserued vnto miseries, than to liue in happinesse.

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, after adulterie is committed. 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. 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

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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, 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.

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. 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. 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, which brought home againe his wife Michol; although she had béene bestowed by the father to an other man. 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, 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? 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, but seuentie times seuen times. Vnto this he saith, that the words

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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.

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: 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, 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.

Of VVine and Droon∣kennesse.

42 Now, bicause there be verie manie in∣temperate men, which being blamed for their droonkennesse, are woont to excuse their sinne, otherwise most shamefull, saieng; that They abuse not wine, forsomuch as they vse it to that end, for the which it was appointed and ordeined by God; to wit, that mortall men might there∣by make themselues merrie. For this cause I thought it good to reprooue their impudencie. Wherefore, I will first declare the true vse of wine. Afterward I will shew the abuse thereof, teaching it to be against the lawe of God. Then will I bring examples, manifestlie to open, that the abuse of it is as well damnable, as fowle and detestable. After this I will rehearse the horrible effects of this euill. And lastlie I will answer to those ciuillations and sophisti∣call arguments, whereby droonkennesse and abuse of wine is defended by the Epicures.

As touching the first, I denie not, but that wine hath excellent properties: [ 1] for it quencheth the thirst, which might also be doone with water; howbeit, not so commodiouslie. Bicause wine, in quenching thirst, maketh a man strong, and quickeneth the spirits, whereby nature is verie much refreshed. [ 2] Further, it is medicinable for cold and weakenesse, both of the stomach, and al∣so of the powers, which serue for the life of man. Wherevpon Paule writeth vnto Timothie, that he should vse wine for the stomach, and often diseases thereof. [ 3] It is occupied sometimes also, & not vnprofitablie for wounds. For which cause in the tenth of Luke it is written, that the Sa∣maritane bound vp the wounds of him, whom he found halfe dead, and powred wine and oile into them. [ 4] Moreouer, wine maketh merrie, and helpeth not a little to driue awaie sadnesse and heauinesse of mind. And therefore Salomon, in his Prouerbes, the 31. chapter, writeth; Giue strong drinke to them that are heauie, and wine to the sorrowfull of hart, let them drinke and for∣get their pouertie, and remember their sorrowe no more. And we read in the 104. psalme; Wine reioiseth the hart of man.

For so great hath béene the goodnesse of God towards man, that he would giue vnto them, not onlie things necessarie for their sustenance, but he also bestowed large deinties vpon them. For properlie and of himselfe he delighteth not in the languishing, sadnesse, and heauinesse of men; but desireth to haue them liue in godlie and honest merinesse of the hart. Wherefore he

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hath granted vnto them, not onelie the vse of wine, but also of oile, and most fragrant smels; flesh likewise, and also diuerse and manifold kinds of meats. Assuredlie, the vse of wine now and then is profitable for them, which are recoue∣red from diseases, and must be restored to their former health; and (as a certeine Philosopher shewed) the heauinesse and certeine bitternesse of old men is thereby mitigated and asswaged: as hops, which otherwise are most bitter, become swéete being stéeped in water. But we must take héed, that we kéepe a measure; otherwise, the reioising that is atteined by wine, is soone turned into verie great heauinesse. For the vn∣temperatnesse of wine, dooth easilie loose his vti∣litie; yea, and if men come to droonkennesse, the vse of wine is most lamentable and hurtfull. So then it is necessarie to put a difference betwéene the vse and abuse thereof.

43 Héerewithall we saie, that to haue too much drinke, or to be droonke, may two waies be ta∣ken; either properlie, or metaphoricallie. This difference did Marsilius Ficinus plainelie teach, in the argument of his second dialog De iusto; and he maketh one kind of droonkennesse aboue the moone, or a celesticall droonkennesse, stirred vp by drinking of heauenlie drinke; wherby the mind, being set without it selfe, and aboue it selfe, forgetteth all mortall diseases, and onelie considereth things diuine: by the brightnesse whereof, first it waxeth dimme, but after that it tasteth the sauour of the same, it is by a new heat changed from his first habit or qualitie, whereby within a while it cléerelie beholdeth spirituall things; and while it sauourlie tasteth them, it is fruitfullie nourished. Wherefore it is written in the psalme; We shall be made droonken with the fruitfulnesse of thy house. Yea and Musaeus an ancient Poet saith, that the reward of vertue is perpetuall droonkennesse. And Orpheus, be∣fore Musaeus, said, that the same was signified by the ceremonies and holie seruices of Diony∣sius.

The other kind of droonkennesse he saith is vn∣der the moone, and is worldlie; which is stirred vp of drinke, taken out of the fountaine Lethes, that is, carnall drinke, whereby the mind being set without it selfe, and vnder it selfe, forget∣teth diuine things, and doteth. Neither is it to be doubted, but that this kind of droonkennesse is vtterlie to be auoided. Of the first kind of droon∣kennesse, which is metaphoricall, there is plaine mention made in the Prouerbes of Salomon: where wisdome stirreth vp men to drinke wine, which she hath set foorth vpon hir table plentiful∣lie and abundantlie. Yea and Christ our saui∣our, which is the true wisdome, promiseth vs such wine in the kingdome of heauen. By translati∣on also is described the wine of compunction and furie, which God will giue vnto the wicked to drinke; whereby they shall become mad, and for their deserts be turned into starke furie. But setting aside these metaphors, let vs returne vn∣to droonkennesse, properlie taken, whereof we now intreate.

And let vs declare by testimonies of the holie scriptures, that such abuse of wine is forbidden, and the contrarie inioined vs. To the Ephesians Paule saith; Be yee not made droonken with wine, wherein is intemperance; but be ye filled with the spirit, speaking to your selues by psalms hymnes, and spirituall songs. Vpon which place Ierom saith; We cannot at one time be filled with wine, and with the holie Ghost. For the a∣postle placeth these things as contraries; euen as we cannot serue two maisters. He that is fil∣led with the spirit, hath wisdome, méekenesse, shamefastnesse, and chastitie: and he which is fil∣led with wine, hath foolishnesse, furiousnesse, ma∣lapertnesse, and shamefull lust. They which be not filled with wine, can easilie sing psalmes, hymmes, and spirituall songs: which they can∣not doo, that haue filled their gorge with wine. The like also Paule writeth; Care ye not for the flesh, to fulfill the lusts thereof. But Christ, by ex∣presse words, said vnto his disciples; Take heed that your harts be not ouercome with surfetting and droonkennesse. And in the old testament, in the Prouerbs, the 31. chapter, it is written; Giue not wine vnto kings. And in the 23. chapter; Looke not vpon the wine, when it is red, and when it sheweth his colour in the cup, and goeth downe plesantlie.

And in the second chapter of Ecclesiastes, Sa∣lomon saith, that he thought to giue his heart to wine and pleasant things, and at the length he found this studie and purpose to be méere vani∣tie; I tooke laughter (saith he) to be error, and I said vnto ioie; Why doost thou in vaine deceiue? This mirth of wine, and pleasant things, ought not to be often vsed by godlie men: for so much as Christ hath taught, that They are blessed which moorne, they (saith he in Matthew) shall receiue consolation. But in Luke, the sixt chap∣ter it is added; that they shall laugh. And it is best for vs, that we doo want some ioie in this present life, that we may perpetuallie laugh. In the fift of Esaie, it is written; Wo be vnto you, which rise vp earlie to followe droonkennes, and to drinke euen till night, to be inflamed with wine. The violl, timbrell, pipe, and wine, are in your feasts, &c. And againe in the same chapter; Wo be to you that are mightie to drinke wine, and are strong men to mingle droonkennesse. Besides, Ioel in the first chapter writeth; Awake ye vp that are droonken with wine.

And this we must not passe ouer, that in Le∣uiticus, Aaron and his sonnes are commanded

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not to drinke wine, vntill they came to sacrifice before the Lord. And twise Paule commanded, that the ministers of the church should not be gi∣uen to ouer-much wine. And when he counsel∣led his Timothie to vse wine for the stomach and diseases, he addeth, that it should be but a little; least he should giue licence vnto droon∣kennesse. In the old lawe also the vse of wine was forbidden vnto the Nazarites. And the Re∣chabites in Ieremie are commended, bicause at their fathers commandement, they absteined from wine: at which time neuerthelesse they knew that those things were written, which in the historie of Iudges wée haue concerning wine; namelie, that with it, both God and men are made merrie. And that also, which is written in the 104. psalme; that Wine maketh merrie the harts of men. And so we may gather, that these are not contrarie; and that we may vse wine temperatelie and moderatelie; and that it is giuen to vs by God, to make vs merrie in due time by a right vse thereof.

44 And we must not be ignorant, that some such times doo chance, wherein it is not méet for christians and godlie men to giue themselues to mirth. We must moorne, in the meane time, for sinnes committed. And sometimes we are troubled with verie gréeuous miseries; and when we be vnder the rod of Gods hand, we must praie the more earnestlie: wherto fastings & chastenings of the bodie doo much helpe. And this dooth Paule declare in his first epistle to the Corinthians, when he saith; that It is lawfull sometimes for the husband and wife to depart one from another for a season. But yet with mu∣tuall consent to lie asunder for a time, that they may giue themselues to fasting and praier: al∣though we must not for such abstinence appoint anie certeine memoriall and yéere daies; but leaue the time to the wisedome of the spirit. Howbeit, this reason maketh much against those, which affirme, that they must be alwaie bibbing, and that they must not be without mirth at anie time. Yea and the same apostle said of himselfe; I chastise my bodie, and bring it into bondage. By which saieng he admoni∣shed the Corinthians, through his example, to bridle their lusts.

There might be manie more examples re∣hearsed out of the holie scriptures, manifestlie to declare, that both droonkennesse, and also too much vse of wine are forbidden: but these shall be sufficient at this time. And this onlie I will adde, that the Ethniks were also of the same mind. Plato, in his seuenth booke De legibus, to∣ward the end, writeth, that Minos by his lawes, forbad the Cretenses, that they shuld not drinke togither vnto droonkennesse. And Seneca saith in his 84. epistle, that Droonkennesse is nothing else but a voluntarie madnesse: and straitwaie after; The qualitie of droonkennesse continuing manie daies is furiousnesse. Moreouer, they, which contend in drinking, although they haue the victorie of others in taking of much wine, yet will they, or nill they, the cup ouercommeth them. And it is shamefull for a man to take in more, than he is able to receiue, & not to knowe how to measure his stomach.

45 Hitherto we haue sufficientlie declared, that the abuse of wine is both against the word of God, and also against humane reason. Now let vs prooue the same by examples, that they, which will not beleeue the saiengs before alled∣ged, may yet at the least-wise be taught by ex∣amples. Noah, a mightie man, iust, and accep∣table before GOD, who sawe two states of the world (for he liued both before and after the floud) is set before vs, as an example for the vt∣ter auoiding of droonkennesse; séeing that he, hauing droonken more wine than was méet, laie in his tabernacle most shamefullie naked; and the secret parts of his bodie, which were woont to be hidden, he left bare and vncouered. And he, which was woont to be a schoolemaister of vertues, became a great offense vnto his chil∣dren. Cham mocked him, his other two sonnes were of a better and more holie disposition, and were sorie and ashamed to sée the shame of their father. By this act it is sufficientlie declared, that shame, derision, and offense followe droon∣kennesse.

But of this sinne we haue a notable example in Lot, who vndoubtedlie droonke not out of measure, to the end he would abuse his daugh∣ters, and commit incest; but to put awaie cares and gréefes, which he had taken, for the ouer∣throwe of the fiue cities, for the losse of his déere wife, and also of his substance. He would also comfort his daughters, that they should not take too much thought; especiallie for the losse of their mother: but he should haue deuised ano∣ther waie of comforting. Howbeit, I speake this onelie, bicause none should thinke that he, of a purposed will, did drinke too much; to the intent he might pollute himselfe with most shamefull lusts. Yet for all that, too great abun∣dance of drinke was the cause of his most vile incest, otherwise being a man in yéeres, at a ve∣rie vnfit time; when the iudgements of GOD were shewed against the lewd lust of the iue ci∣ties. Yea and this is to be woondered at, that wine so alienated Lot from himselfe, that he vnderstood not with what women he had kept vnlawfull companie. Wherefore rightlie (saith Seneca in his 84. epistle before alledged; ) They which are droonke, doo manie things, which after∣ward, when they be sober, they be ashamed of. Lot sought to make himselfe merrie by wine,

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and he incurred a perpetuall sadnesse.

Let them therefore, which séeke to be made me∣rie with ouermuch wine, remember, that they put themselues into a verie present danger; and by that meanes may easilie throwe themselues headlong into most gréeuous sinnes. Neither is there anie cause why anie man should excuse, that such euents be vncerteine; so that a man cannot tell for a certeintie, whether he, which drinketh too much, shall fall into these shamefull matters; for so much as the thing is so certeinlie knowne, that euen the daughters of Lot, being yet virgins, vnderstood it; namelie, that the old man by wine might be driuen to naughtie lusts, and be so deceiued, as he might haue ill companie euen with his owne daughters. Who will therefore saie, that he knoweth not that which they vnderstood? Lot was deceiued and snared by his owne daughters. But they which loue too much mirth; to wit, droonken men, doo allure themselues, and doo fight openlie against themselues: neither thinke they or call to re∣membrance, that God, with most gréeuous pu∣nishments, taketh vengeance of droonkennesse, and suffereth not the abuse of his most pretious gift, to be long vnpunished.

These bibbers are woont sometimes to bring foorth Lot, as a patrone of their intemperance. Neither doo they marke, that the holie scripture setteth foorth the storie of him, as an horrible, and almost a tragicall example. God did not lightlie punish the droonkennesse of that man: for he be∣ing coupled with his daughters, they conceiued by him, and the thing could not be dissembled. Incestuous children were borne, Ammon and Moab; of whom came the nations of the Ammo∣nits and Moabits, which were both hated of God, and enimies to the Israelits. Lot himselfe (as it is to be thought) was alwaies in gréeuous sor∣rowe for the crime which he had committed: he became a by-woord among men. And séeing the testimonie of the holie scriptures is extant, and shall remaine vnto the end of the world; how of∣ten so euer they be read, so often is his infamie noted, & spred abroad. If so be God spared not a mn, otherwise holie, the nephew of Abraham, & harborer of angels; what will he do to those glut∣tons and swine, whom no vertue can persuade, either from sitting or lieng droonken both daie and night? That which we read happened once to Lot, these men haue euerie daie in exercise.

46 But looke what our droonkards alledge of Lot, the Romans in old time alledged of Ca∣to; bicause he, being so verie a graue man, some∣times in the night recreated his mind: doubt∣lesse not in bolling and bibbing immoderatlie, but in sipping and drinking a little, adding ther∣with much honest talke. Neither considered they, that the same man was sober all the whole daie, and laboured much in determining and iudging of causes, in consulting with other Se∣nators concerning the publike weale, in hauing affaires with the people, in executing the of∣fice of a magistrate, in reading and in writing. Such good and honest indeuours ought these men to haue imitated. But let vs procéed in re∣hearsing of examples. Amnon, Dauids sonne was slaine by Absalom: verelie not in his sober mood, but when in a banket he was more mer∣rie than was méet, by drinking of too much wine. And (as it is declared in the latter end of the first booke of the Machabeis) Simon the high priest was (with his two sonnes Mattathias and Iudas slaine by his sonne in lawe; when in a feast they were in a maner droonken, by swil∣ling in of much wine.

And the historie of Iudith (although it be not found in the Canon of the Iewes) sheweth, that Holofernes, otherwise a verie féerce generall of an armie, was so ouerwhelmed with wine, that without much a doo he was beheaded by a ilie woman. I might adde how Sisera, being droonken, was slaine by Iahel; although his drinke was milke, and not wine. And if beside these, we will read ouer the stories of the Eth∣niks, we shall find manie and notable examples of them, which were most gréeuouslie hurt by droonkennesse. Alexander of Macedonia, the con∣queror of the world, was most shamefullie ouer∣come with wine, and being droonke, slue Clytus his most valiant and faithfull fréend, whose di∣ligence, industrie, labour, prudence, & strength, he had long time vsed in the wars, to his great commoditie. So, when he had slept his fill, till he was sober againe, and had remembred with himselfe the act which he had committed, he was so sorrie and ashamed, that he wished himselfe dead. But yet he amended not his vice of droon∣kennesse; naie rather, he droonke so much wine in one night, as he fell into a feuer; and bicause he would not temper himselfe from wine, he (within a while after) died. Wherefore Seneca, in his 84. epistle alreadie alledged, writeth, that Alexander, which had escaped so manie dangers, and ouercome the hardest enterprises, perished through intemperance of drinking, and by the fatall cup of Hercules.

Marcus Antonius, otherwise a stout and va∣liant grand capteine, and a conqueror in manie battels, so laded himselfe sometimes with wine; that euen in a morning, in the tribunall seat, be∣fore the people of Rome, whilest he sat to giue iudgement, he was compelled to vomit. And in Aegypt he vsed much drinking, by reason where∣of he could doo nothing honourablie, but was most shamefullie put to flight by Octauius. What the Poets write of the feast of the Lapiths and Centaurs, it is better knowne, than should

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be néedfull for me to recite at this time. And I thinke I haue now brought examples suffici∣ent, which being diligentlie considered, serue much for the auoiding of droonkennesse.

47 But they, which are not terrified from the filthinesse thereof by the word of God, which we haue first and foremost shewed, and doo not ab∣hor the same, being persuaded by those exam∣ples now alledged; shall perhaps be woone and led from it, by considering those euils, which doo spring of the abuse of wine. It is expedient, that the trée be knowne by his fruits. And assuredlie, droonkennesse is to be counted such a thing, as the fruits, which spring thereof, be knowne to be. Howbeit, that we may speake orderlie, we will diuide the euils by their subiects: for it hurteth the bodie, vexeth also the mind, wasteth the goods, and is hatefull to our neighbours. As tou∣ching the bodie, by droonkennesse come often∣times sudden deaths, the dissolution of the parts of mens bodie, the falling sicknesse; and sundrie such miserable chances. For the smooth and plaine ground vnto droonkards is a pit; sith they fall, breake their legs, their arms, and som∣time their necks, and are burnt when they fall into the fire. The liuer is inflamed with too much drinke, the head aketh, the members are made weake, and doo tremble, the senses are corrup∣ted, the naturall heate is ouercome by ouer∣much wine; the stomach is annoied with crudi∣ties and intollerable gréefs, whiles it is stuffed and farsed aboue measure: the whole bodie is in a maner inflamed, and the thirst is augmented. Droonkards lie groueling like blocks, and so are béereued of their strength, that neither head nor foot can doo their office.

Wherefore it is written in the 23. chapter of the Prouerbs; To whom is wo? To whom is sorrowe? To whom is strife? To whom is sigh∣ing? And to whom are wounds without cause? Or to whom is the blearenesse of the eies? Euen to them that tarrie long at the wine, and to them which go and seeke mixed wine. Looke not vpon the wine, when it is red, and when it sheweth his colour in the cup, and goeth downe pleasantlie, in the end it will bite like a serpent, and put out his sting like a cockatrice. Thine eies shall looke vpon strange women, & thine hart shall speake lewd things; and thou shalt be like one that slee∣peth in the middest of the sea, and as he which sleepeth in the top of the mast of a ship. They haue striken me, and it pained me not; they haue brused me, and I felt it not. When I awake, I will seeke it againe, &c. And behold how manie punishments God bringeth vpon droonkards. Esaie, in his fift chapter, agréeth with Salomon. For he also saith; Wo vnto those, which are mightie and strong to drinke wine. And in the same chapter he saith; that Droonkards regard not the works of the Lord, neither consider the worke of his hands. Moreouer, to such men be∣longeth wo; bicause (as Ierom vpon that place writeth) they are most vnhappie, who being occu∣pied in droonkennesse, gluttonie, and sundrie pleasures, from morning to night, vnderstand not the works of the Lord in themselues; nei∣ther considering wherefore they themselues are created, doo in a maner sléepe out their whole life. Wherefore Ioel cried out vnto them; Awake vp ye droonkards, weepe and howle all ye that drinke wine. But droonkards are not wakened by these cries: for they doo not onelie sléepe, but séeme to be in a maner buried. Wherefore Vir∣gil aptlie said of the citie of Troie, that it was buried in wine and sléepe.

48 But now must we sée how much the soule it selfe or mind is hurt with droonkennesse. Droonkards are ofttimes striken with the spi∣rit of astonishment, and after a sort are turned into madnesse: they become like brute beasts, so that there séemeth to remaine in them no vn∣derstanding. It is a gréeuous thing for a man to wound himselfe, or to depriue himselfe of anie member: but to take awaie his owne mind from himselfe, without compulsion, it is an euill intollerable. In the fourth chapter of the prophet Ose it is iustlie written; that Wine and droonkennesse take awaie the hart. And we read in the 19. chapter of Ecclesiasticus; that Wine and women make wise men to flie from their profession, so that they are no more their owne men: for they be withdrawne from their office and vertue, and doo also fall from the right trade of life. And in the same booke, in the 31. chapter, it is written; that Wine droonken with excesse ingendereth bitternesse of mind, with chidings and despites. Droonkennesse increaseth the cou∣rage of a foole, till he offend, but it diminisheth his strength. In these words there is an elegant Antithesis, or contrarie comparison; namelie, that wine increaseth the courage and spirits, and causeth greater audacitie; but it diminish∣eth and weakeneth the strength. Wherefore Plato, in his sixt dialog De iusto, at the begin∣ning; A droonkard (saith he) hath a tyrannicall hart, for he would rule all men as he list, and not by anie reason and lawe.

Droonkennesse also causeth men to forget both lawe and right. Wherefore Salomon saith in the Prouerbs; that Wine must not be giuen vnto kings, least peraduenture they drinke, and forget the lawe that is made, and alter the iudg∣ment of all the children of the poore. Plato also writeth in his third booke De Republica; that Droonkennesse may be suffered in anie man, rather than in a magistrate. For a droonken man knoweth not the ground whereon he stan∣deth. If the magistrate be droonken, then hath

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the kéeper néed of a kéeper. This moreouer is to be added, that nothing is kept secret, where droonkennesse reigneth; bicause it discouereth, not onelie the secret parts of the bodie, but also of the mind. And in drinking, there be powred out words vnshamefast, foolish, vnapt, and wic∣ked: so that Horace, describing the effects of droonkennesse, saith; What is it that droonken∣nesse committeth not? It discloseth things se∣cret, it establisheth hope, it thrusteth forward the vnarmed man to battell, it taketh awaie the burden from carefull minds, it teacheth arts. Whom haue not full cups made eloquent? And whom haue they not in extreame pouertie made carelesse?

And Plato, in his first booke De legibus, toward the end, saith thus; When a man drinketh wine, at the first it maketh him more chéerefull; after∣ward, the more he drinketh, the greater and bet∣ter hope he is in, and féeleth himselfe strong: then, as though he were wise, the man is filled with that confidence, libertie, and audacitie, that without feare he both saith and doth whatso∣euer pleaseth him. The same Plato, in his sixt dialog De legibus, saith; He which is filled with wine, is stirred vp with a madnesse, as well of the mind as of the bodie; and both draw∣eth others, and is drawne euerie where himselfe. And a droonkard is like a man out of his wit. Se∣neca, in his second booke of naturall questions, the 20. chapter, saith; that Droonkennesse, till it be dried vp, is madnesse; and by too much hea∣uinesse is brought asléepe. And in his 60. epistle to Lucillus, toward the end; The droonkennesse of one houre; dooth recompense his dissolute madnesse with the tediousnesse of a long time after. And in the 84. epistle; Droonkennesse draweth out all vice, and both kindleth it, and discouereth it; it putteth awaie all shamefast∣nesse, whose propertie is to resist euill indeuours. Where too much power of wine possesseth the mind, what euill so euer laie hidden, bursteth out. Droonkennesse maketh not vices, but bring∣eth them to light.

In droonkennesse, to the proud man, pride in∣creaseth; to the cruell man, crueltie; to the en∣uious man, malice; and all vices are discoue∣red and shew themselues. By it a man forget∣teth himselfe, speaketh doubtfull and stamme∣ring woords. It causeth vnconstant eies, a rée∣ling pace, dizinesse in the head, and to séeme that the house goeth round about, torments in the sto∣mach when the wine boileth; and it maketh the bowels to swell. Crueltie, for the most part, followeth droonkennesse: for Marcus Antonius woonderfullie reioised at the heads & members of the condemned men, which were brought him at a feast. Also, in the 20. chapter of the Pro∣uerbs, it is written; Wine maketh a mocker, and strong drinke a troublesome fellow; who∣soeuer erreth therein, shall neuer be wise. But bicause there be some, which boast, that they can drinke a great deale of wine, and be still sober, and of a sound iudgement; I desire them to hearken vnto Seneca, in the epistle now alled∣ged, who saith; Let such men also saie, that by drinking of poison they shall not die; and by ta∣king of poppie they shall not sléepe, and that by drinking of helleborus, they shall not cast foorth and purge out, what so euer is in the inward parts.

49 The discommodities of wine, when it is excessiuelie droonken, the which we haue hitherto declared, perteine both vnto the bodie, and vnto the mind. But now we must adde, how it bring∣eth hurt to our substance and goods. In the Pro∣uerbs, the 21. chapter it is written; He which lo∣ueth wine, and fat things, waxeth not rich. And in the same booke, the 23. chapter, it is thus written; Be not thou among the wine-bibbers, and with them which deuour flesh: for the bibber and the glutton shall be brought to pouertie; and he, which giueth himselfe to much sleeping, shall weare a torne cote. And how troublesome droon∣kards are vnto their neighbours, it may easilie be perceiued. They are iniurious, and raile vpon those whom they méet: and when in their furie they fall into shamefull lusts, they be readie to pollute other mens spouses and wiues, and by horrible meanes they rage against the families of their neighbours. They be an euill example, yea and an offense vnto other citizens. And whi∣lest they consume their substance vpon wine and droonkennesse, they haue no regard to pro∣uide things necessarie for their owne house. Naie rather, while they be in their mad furie, they ill intreate their innocent wiues and chil∣dren, and defraud the poore of their almes; which, by liuing more thriftilie, they might be able to bestowe vpon them. They make themselues vn∣profitable for the publike weale: séeing that droonkards can neither execute the office of a magistrate, nor yet well shew obedience to their elders. They trouble also and infame the church, wherefore they are seperated from the same. For Paule, in the first to the Corinths, the fift chapter, numbreth droonkards among those, with whom we ought not so much as to eate. And there is scarse anie euill remaining, to be added vnto the pernicious effects of droonkennesse.

50 But to conclude the matter, first we grant vnto those, which doo excuse the vice of droonken∣nesse, by the excellencie and vse of wine, that it is lawfull to vse wine for necessitie sake, for me∣dicine, and also for mirth; yet so neuerthelesse, as it must be tempered with sobrietie, and that it excéed not a meane: yea and it must agrée with time, place, degrée, age, and kind. After this

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maner let holie men reioise before their God; namelie, with giuing of thanks, & celebrating with diuine praises. And Salomon, in the 23. of the Prouerbs, saith not; Wo vnto those that drinke wine, but; Wo vnto those, which consume their time therein, which giue themselues vnto nothing but to drinking, contending who can drinke most, prouoking one another, and com∣pelling others to drinke. These men be reproo∣ued, and not other, which modestlie vse the gifts of God. Let men so make themselues merrie with wine, that afterward they may be more chéerfull to obeie God; and to suffer aduersities, if néed shall require: and let men beware, that they forget not themselues, that they ouer∣whelme not their senses, and choke vp their strength. Neither must the holie scripture be vngodlie and violentlie drawne vnto the li∣cence of the flesh: yea, we ought so to be prepa∣red, that we obeie the apostle, which said; It is good, not to eate flesh, nor to drinke wine, if it should turne to the offending of the weake bre∣thren. Let vs also remember, that The king∣dome of God is not meate and drinke. Neither are they commended of God, which can drinke more wine than the rest. The words of God de∣fend not droonkennesse, but detest the same.

We will therefore conclude against these men, with the doctrine of Ecclesiasticus, the 31. chapter, where it is said; Shew not thy selfe a man in wine, that is; Shew not thy strength in drinking. For there be some, which trie them∣selues how strong and mightie they be in this intemperance; and also, which with ouer-much drinking of wine doo oppresse all the powers both of the bodie and of the mind. The Wise man goeth forward, and saith; For wine hath destroied manie a man. As the fornace trieth the hardnesse of the sword in tempering, so dooth wine the hearts of the proud when they are droonke. Wine moderatelie droonken is profi∣table for the life of man. What life hath he that is ouercome with wine? But it was created to make men merrie. Wine, measurablie droon∣ken, bringeth gladnesse and chéerfulnesse of the mind, &c. These things may easilie be taught and answered vnto those men, which vnder the pretence to make themselues merrie, labour to defend and mainteine droonkennesse. Let them consider with themselues, that the gifts of God ought neuer to be separated from the rule of moderation and temperance. Let them not for∣get, that the apostle, in his epistle to the Gala∣thians, reckoned Droonkennesse among the works of the flesh. He also admonished the Ro∣mans Not to be conuersant in chambering, in gluttonie, and droonkennesse. And to the Thessa∣lonians he sheweth the shamefulnesse of this vice, when he said; It perteineth vnto the night: they which are droonke (saith he) are droonke in the night. As though he would affirme it, as a thing vnwoorthie to be séene by the light of the daie.

Of Danses.

52 Chorea, which signifieth a danse, is so cal∣led (as Plato saith) of this word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which sig∣nifieth ioie: for that it is a certeine testification of ioie. And Seruius (when he interpreteth this verse of Virgil, Omnis quam chorus, & socij comi∣tantur ouantes; that is, Whom all the danse and fellowes in triumph wise did followe) saith; that Chorus is the singing and dansing of such as be of like age. But from whence danses had their beginning, there be sundrie opinions. Some thinke that men, when they beheld the sundrie motions of wandering and fixed stars, inuen∣ted dansing, whereby the varietie of motions might be represented. Other thinke, that danses rather came of religion; bicause among the old Ethniks there were in a maner no holie serui∣ces, wherein was not hopping and dansing. For they led their danses from the left part of the al∣tar to the right, whereby they might resemble the motion of heauen from the east vnto the west. Afterward they returned from the right to the left, to expresse the course of the wande∣ring starres. Which perhaps Virgil signified, when he said, Instaurántque choros, mixt ique alta∣ria circum; that is, And they being mixed togi∣ther, renewed their danses, compassing about the altars. Yea and the dansing priests of Mars, were had in great honour among the Romans. Some there be also, which refer the beginning of dansing to Hiero, a tyrant of Sicilia. For they saie, that he, to establish his tyrannie, forbad the people to speake one to another. Wherefore men in Sicilia began to expresse their mea∣nings and thoughts, by becks and gestures of the bodie. And that afterward did turne to an vse and custome.

But whatsoeuer this thing was, dansings in the old time were not against religion, al∣though afterward they were applied to publike mirth. Besides, there was another kind of dan∣sing, whereby yoong men were trained in war∣like affaires. For they were commanded to make gestures, and to leape, hauing their ar∣mour vpon them, that afterward they might be the more nimble to fight for the publike weale, when néed should require. This kind of dansing was called Saltatio Pyrrhica; and bicause it was exercised in armour, it was called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Of this dansing is mention in the ciuill lawes; namelie, in the Digests De poenis, in the lawe Ad damnum. And sometime yoong men, when they had offended, were not straitwaie put to

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death; but were condemned either to hunt vpon a stage, or else to danse in armor: and they were called Pyrrhicarij. Also there was an other kind of dansing, which was instituted onelie for plea∣sure and wantonnesse sake: and that was cal∣led of the Graecians 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But of those danses, which by gestures of the bo∣die, expressed the senses of the mind, writeth Lu∣cianus in his booke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: and so dooth Athenaeus.

In this kind, men so preuailed at the length, that when at Rome, Demetrius Cynicus deri∣ded the danse called M nnica saltatio, (calling it a thing vaine and nothing woorth) a noble danser, which then was had in honour at Rome, desired him, that he would onelie once behold him, while he dansed, and afterward to iudge and speake his fansie whatsoeuer he would. He came vnto the stage, the danser called Saltator Mimicus began by gestures to resemble the common fable of Mars, taken in adulterie with Venus; wherein he so expressed the Sunne, shew∣ing the fact, and Vulcane knitting his nets, and Venus ouercome with shame, and Mars hum∣blie desiring pardon, that Demetrius being asto∣nished, cried out; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: that is; I héere O man, the things that thou dooest, I doo not onelie sée them, for by these thy hands thou seemest to me to speake. About the same time by chance came to Rome the king of Pontus, and when he had séene this danser make his gestures vpon a stage, being afterward wil∣led by Nero to aske what he most desired to haue giuen him, he desired to haue the same Mimus. Nero maruelled, (séeing he might haue asked o∣ther things of much greater price,) and asked him the cause of that his request? He answered; Bicause I haue sundrie nations subiect vnto me, which without an interpretour I cannot vn∣derstand. And oftentimes it happeneth, that the interpretours doo not faithfullie enough tell them what I saie; nor againe, what they saie vn∣to me: but this fellowe, with his gestures, will expresse all things verie faithfullie.

53 Plato, in his third booke De legibus, ma∣keth two kinds of dansings; the one called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, warlike, which before we haue cal∣led Pyrrhicum, the other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, peace∣able, which he calleth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. I omit to speake of the shamefull kind of dansing, bicause it is o∣penlie condemned by the lawes. The pyrrhicall dansing, and that which is doone by gestures, may serue to some vses in the publike weale: but they perteine not to our purpose. Wherefore we must héere speake of that which is called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, how farre it is lawfull: for so much as it is exercised for mirth sake. I thinke assuredlie, that this kind of dansing is not of his owne na∣ture vicious or forbidden; bicause nimblenesse and agilitie of bodie is the gift of GOD: and if there be added anie art; namelie, that the bodie be mooued in order, aptlie, in number, with comelinesse and decencie, I doo not sée whie it ought to be reprooued, so that it be doone in time, moderatlie, and without offense. For, e∣uen as it is lawfull to sing, & we may vse sing∣ing, to giue thanks vnto God, and to celebrate his praises: so likewise, by a moderate dansing, we may testifie the ioie and mirth of the mind. For Dauid dansed openlie before the arke of the Lord, and the maidens with danses and songs celebrated his victorie against Goliah. Marie also the sister of Moses, when Pharao was ouer∣throwne and slaine, led danses with other wo∣men, and soong a song of victorie. Wherfore sée∣ing godlie men, and chast women, haue vsed danses; we cannot saie, that of their owne na∣ture they be vicious.

But as it is vsed in these daies, that men should danse mixed togither among women, it ought not to be suffered; bicause these things are nourishments and prouocations vnto lusts and wantonnesse. Marie the sister of Moses dan∣sed not with yong men, but apart by hir selfe a∣mong women. Neither did Dauid danse with women. And the maidens, which celebrated his victorie, dansed among themselues, and not with men. And now they which loue God with all their heart, and with all their strength, ought not onelie to obserue his commandements; but also to cut off all occasions, whereby the obser∣uing of them might be letten. But our danses are most euident occasions of transgressing the lawes of GOD: they be snares and offenses, not onelie vnto the dansers, but also to the be∣holders. For they stirre vp and inflame the hearts of men, which otherwise be euill enough euen from their beginning; and that, which ought with great studie and indeuour be kept vnder, is stirred vp by the wanton intisements of dansing. Vndoubtedlie, if a man will examine his owne selfe, or haue an eie, either vnto experi∣ence or reason; he shall perceiue, that in such spe∣ctacles, the lusts of the mind are greatlie kind∣led and inflamed: and he shall note, that men returne home from those danses with lesse ver∣tue; and the women with lesse chastitie. Fur∣ther, dangers must rather be auoided than nourished: for (as Salomon saith, ) He which lo∣ueth danger, shall fall therein.

54 But some will obiect, that whereas dan∣ses be so against maners, and doo kindle lust; that commeth rashlie and by chance: but euerie thing must be iudged, not according to those things which happen by chance, but according to those things which be in them of their owne na∣ture. There be some so chast, and vncorrupt, that

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they can behold these spectacles with a perfect and chast mind. I grant, that this may somtime happen. But I adde, that all accidents are not of one and the selfe-same kind: for there be some, which happen verie seldome; other some are cal∣led 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, which by their nature may as well be present with, as absent from anie thing. And there be some, which are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, such as are woont to happen oftentimes, and for the most part. These last ac∣cidents ought in euerie thing to be considered, and most diligentlie weighed. Neither must we note what may be doone, but what is woont to be doone. Aristippus dansed in purple, and being re∣prooued, he made an excuse, that he was made neuer a whit the woorse for that dansing; but might in that delicacie kéepe still his philoso∣phers mind. Howbeit, there must be no eare gi∣uen to such words. For (as Demosthenes saith, and the same is cited by the lawiers;) We must not regard what some one man dooth at one time, but what is woont to be doone for the most part. Admit we, that there is some one man so chast, as he is nothing at all mooued with such intisements: how in the meane time is the peo∣ple and multitude prouided for? Shall we, for the perfectnesse and integritie of one or two, suf∣fer all the rest to be in danger? But so (a man will saie) take awaie heare the word of God, and manie eate and drinke the holie mysteries to their owne condemnation.

Here must we vnderstand, that certeine things are profitable to the saluation of men, and are commanded by the word of God: and these ought by no meanes to be taken awaie. And certeine things be indifferent, which if we perceiue that they tend to destruction, they must not be suffered. We haue the lawe of God for hearing of sermons, and receiuing of the sacra∣ments; but for dansing there is no commande∣ment giuen. Wherefore, these things must not be compared togither. But by meanes of dan∣sings and leapings, some saie, that verie manie honest matrimonies are brought to passe. It may sometimes be so: but I was neuer of the opinion, that I would haue matrimonies to be contracted by these arts, wherein a regard is on∣lie had to the agilitie and handsomnesse of the bodie. There be other means much more honest, let vs vse them, and leaue these, as being shame∣full and vnchast. Let vs remember, that al∣though honest matrimonies are sometimes brought to passe by dansings; yet much more often are adulteries and fornications woont to followe of these spectacles. We ought to followe the example of the godlie fathers, who now and then vsed dansings: but yet such as were mo∣derate and chast; so that, the men dansed by themselues, and the women apart by them∣selues. By such kind of danses, they shewed foorth the gladnesse of their minds, they sang praises vnto GOD, and gaue him thanks for some notable benefit, which they had receiued. But we read not in the holie scriptures, of min∣gled danses of men and women togither.

But our men saie; Who can danse after that sort? In saieng so, they discouer themselues what they séeke for in dansing. Further, let vs marke the effects of dansing. It is written in Matthew, that the daughter of Herodias dansed at a banket which the king made, and the king tooke a pleasure in hir, whom without shame he could not openlie behold: sith she was a mani∣fest testimonie of his vnlawfull matrimonie, and of his adulterie. For Herod had married the mother of that maiden, being his brothers wife. Through that dansing it came to passe, that Iohns head was smitten off. Manie be offended with vs, bicause we crie against dansings, as against things, which are of their owne nature euill and forbidden. On the other side, we saie; that things are not alwaies to be weighed by their owne nature; but by the disposition and abuse of our flesh. We cannot denie, but that wine of his owne nature is good; which neuer∣thelesse is not giuen to one that is in an ague: not that the wine is euill, but bicause it agréeth not with a bodie, which is in that wise affected. When the Iews had made themselues a calfe to worship, they sat down, they did eat, they dranke, and rose vp to plaie. In which place it séemeth, that to plaie was nothing else but to danse.

55 But least I should séeme to speake and to iudge these things of my selfe, I will adde cer∣teine testimonies of the fathers. Augustine a∣gainst Petilianus, the sixt chapter, saith; that The bishops were woont alwaies to restreine idle and wanton dansings. But now a daies there are some bishops, which be present at danses, and danse togither with women: so far off are they from restreining this vice. The same Augu∣stine, vpon the 32. psalme (when he expoundeth these words; Vpon an instrument of ten strings I will sing vnto thee) maketh those ten strings, the ten commandements. And when he had spo∣ken somewhat of euerie one of them, at the last he commeth to the sabboth, whereof it is writ∣ten; Remember that thou keepe holie the sab∣both daie. I saie not (saith he) to liue delicatelie, as the Iewes were woont to doo. For it is better to dig all the whole daie, than to danse on the sab∣both daie. Chrysostome, in his 56. homilie vpon Genesis, when he intreateth of the marriage of Iacob; Ye haue heard (saith he) of marriage, but not of dansing, which in that place he calleth di∣uelish: and euen there he hath manie things which make for our purpose. And among other

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he writeth, that the bridegrome and bride are corrupted by dansing, and the whole familie is defiled. Againe, in the 48. homilie; Thou séest (saith he) marriages, but thou séest not danses: for at that time, they were not so lasciuious as now a daies they be. And he hath manie things more vpon the 14. chapter of Matthew, where he spake to the people of the dansing of the daugh∣ter of Herodias. And among other things he saith; At this daie the Christians deliuer to de∣struction, not halfe their kingdome, not an other mans head; but euen their owne soules. And he addeth; that Where wanton dansing is, there the diuell danseth togither with them. In the councell of Laodicea it is written; It is not méet for Christian men to danse at their marriage. Let them dine and sup grauelie and moderate∣lie, giuing thanks vnto God for the benefit of marriage. We read also in the same Coun∣cell; Let not the Clergie come vnto shewes, ei∣ther vpon the stage, or at weddings. They may indéed be present at marriages: but afterward, when there come in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, sing∣ers or plaiers vpon instruments, which serue for dansing, let them rise and go their waies; least by their presence, they should séeme to allow that wantonnesse.

In the Ilerden Councell, which was held vnder the Popes Symmachus, and Hormisda, and vn∣der Theodoricus the king, the same is decréed; namelie, that Christians should not danse at marriages. In the Alliciodoren Councell which was held vnder Pope Deus dedit, this restraint séemeth to be made for the Clergie. For there it is forbidden, that anie of the Clergie, should at a feast, either sing or danse; as though in a sort that might be lawfull for others. Of the same o∣pinion are certeine Schoole-diuines, vpon the third booke of sentences, distinct 37. who referre these prohibitions onelie vnto the holie daies. Richardus De media villa saith; that To danse on the holie daies, is a sinne most gréeuous, as though on other daies it might be permitted. But the opinion of the fathers and sound coun∣cels is farre more seuere than the opinion of these men; who perniciouslie leaue those things at libertie, which should be restrained; séeing therewith is ioined a danger vnto soules, and not a danger onelie, but offenses gréeuouslie to be lamented. Howbeit, it séemeth, that these men borrowed this their doctrine (wherein they forbid dansing on the holie daies) out of the ciuill lawes. For in the Code, in the title De ferijs, in the lawe Dies festos; In déed we release idlenes on the feast daies, but we will not haue men giue themselues vnto voluptuousnesse. Where∣fore it shall not be lawfull on the feast daies to vse dansings; whether they be doone for lusts sake, or for pleasure.

56 But let vs sée what opinion the Ethniks had of this matter. Aemilius Probus, in the life of Epaminondas, saith; that To sing and danse was not verie honourable among the Romans, when as the Graecians had it in estimation. Sa∣lust, in his oration against Catiline, wrote; that Sempronia, a certeine lasciuious and vnchast woman, was taught to sing and danse more de∣licatelie than became an honest matrone. And there, he calleth those two things, the instru∣ments of lecherie. Cicero, in his third booke of Offices, writeth; that An honest and good man will not danse in the market place, although by that meanes he might atteine to great possessi∣ons. And in his oration, which he made after his returne into the senate, he in reproch calleth Au∣lus Gabinius his enimie, Saltatorem calamistra∣tum; that is, A dansing dizard. It was obiected to L. Muraena for a fault; bicause he had dansed in Asia. And euen this also was obiected against king Deiotarus. Cicero answereth for Muraena; No man being sober danseth either in the wil∣dernesse, or at an honest and moderate banket, vnlesse perhaps he be out of his wits. The same Cicero, in his Philippiks, among other vices, vpbraideth Anthonie with dansing. But it ap∣peareth, that the nature and disposition of the men of the East and of the West parts, was not all one. They are chéerfull of mind, and nim∣ble of bodie, and for that cause delight in dan∣sings. For (to omit other examples) Dauid the king dansed publikelie. And they, which come now vnto vs out of Syria, doo affirme, that the Christians, which liue in those regions, doo vp∣on the resurrection daie, and also vpon other fa∣mous feast daies, come into the temple with harps & viols, & sing psalms among themselues, & danse togither. For their spirits are verie light, and ours more sad & heauie. Howbeit, they saie, they danse soberlie and modestlie, the men apart by themselues, and the women by themselues.

Of Garments and Apparell.

57 We sée that the Lord did first giue vnto men, decent and thriftie garments; such as haue respect vnto a vse, and not vnto a delicatenesse, and prodigalitie. And séeing that in all men, iu∣stice, comelinesse, and modestie ought to be ob∣serued; we be taught héere to vse the same in our garments, the end whereof is profit and ho∣nestie. This must be obserued, that therein we passe not our bounds, either as touching the stuffe, or as touching the maner and fashion. That these limits are appointed for garments, it appeareth, in that Adam first made himselfe bréeches, for he was ashamed of his nakednesse. Therefore, an honestie [must be regarded.] God for this cause apparelled man; for that he

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would cast him out of the distemperature of the weather; therefore vtilitie is to be respected. The Iewes had their frindges, and the priests their proper kind of garments. Further, herein it is conuenient, that there be a diligent consi∣deration had, of the custome, age, and sex, that there be no rash alteration from the maner of the countrie. And what custome must be ob∣serued, the sundrie garments, which were ap∣pointed vnto priests, doo declare: and in that the prophets were clothed after another maner, than the common people. The sex also must be considered: for a woman must not weare the apparell of a man, nor the man of a woman. Touching age, the youth must go after one sort, and the elder people after another. The vse of the countrie must be regarded: for the Iewes ware frindges on their garments.

How greatlie men doo sinne by wearing of wanton apparell, we may gesse by the apostles Peter and Paule, who forbad women to weare pretious garments, and superfluous decking of their haire, that should be trimmed or braided with gold or pearle, who neuerthelesse haue a co∣lourable excuse; namelie, to please their hus∣bands. Wherefore, how much more must these things be reprooued in men? If then the vse of garments was deuised to withstand the prouo∣cation vnto wantonnesse, whereof a shamefast∣nesse was giuen vs by God; they are greatlie to be blamed, which prouoke the same euill by the curious fashion, finenesse, and nicenesse, or vanitie of apparell. Also, let all superstitiousnesse be auoided, neither let there be anie vertue or holinesse attributed vnto garments. And let here the goodnesse of GOD be considered, who to helpe man (that by his owne default was made subiect vnto the vntemperatenesse of the aire, to cold and to raine) hath clothed him with garments.

¶ Of the apparell of ministers, looke the epistles to certeine English men, at the end of this booke.

58 And where it is written; that She, which is married, dooth care to please hir husband: some refer the meaning thereof vnto decking and ap∣parelling of themselues; the which, no doubt, be∣ing kept within the bounds, that it be not (as the apostles said) in curled haire, in golden iewels, or pretious garments, is not against the word of God. And the thing in his owne nature is nei∣ther good nor euill: for we may both vse the same well and ill. It is verie oftentimes good, and to be vsed, not for it selfe sake, but by the fault of the other married parties. Those husbands be som∣what inconstant, which will neither loue their wife, if she be not trimlie decked, nor yet will be content with hir alone. Hester garnished hir selfe, and is not reprooued in the scriptures: she did not those things, through hir owne vanitie, or vaine desire of pleasing; but by reason of the vnperfectnesse of hir husband. So likewise a mother, when hir child will not leaue crieng; of∣tentimes singeth, and otherwhile danseth; not bicause these things as they be in themselues doo like hir, but that she séeth they must be vsed by reason of the childs fault.

But we must beware of the sinnes, which may happen by such kind of trimming; that in costs and charges a meane be not excéeded: least per∣aduenture, by ill examples we might be led with vaine affection, to cleaue therevnto, and prouoke the lusts of the beholders. And therefore Hester said, that such kind of apparelling was vnto hir as it had béene a defiled cloth. Euen by these words; namelie, To please hir husband: husbands are noted to be verie effeminate, bi∣cause they dote too much on their wiues, and for that cause doo manie times sinne. Wherefore, by Augustine they be called no husbands, but ar∣dent louers. Howbeit, we must not thinke, that it should be imputed as a fault vnto husbands; if they giue some place vnto their wiues in ho∣nest things, séeing they be commanded in the epistle to the Ephesians; Yee husbands loue your wiues, as Christ loued his church, who gaue himselfe for the same. In like maner it is the wiues part, that she indeuour to doo those things which hir husband commandeth. After which sort, if she couet to please him, she ought not to be re∣buked, but to be praised. All that I haue spoken, may be noted in the words of the apostle; to wit, that in matrimonie, the husband and wife must be carefull to please one another. But againe, I giue warning, that these things, by themselues, and of their owne nature, are not agréeable vn∣to matrimonie, when they shall be abused; but then are they ioined thervnto rashlie, or as they terme it by accidents.

Of Counterfet, Fuke, or false colouring.

59 Now it shall be verie méete to dispute somewhat of fuke, or false colouring, whether the same be lawfull or no. First, we will begin with the name; afterward we will treat of the mat∣ter it selfe; further, we will bring the reasons, whereby some indeuour to allow the vse of this kind of medicine; shortlie after, the contrarie shall both be affirmed and prooued; lastlie shall be discussed the reasons at the first alledged. As concerning the first, Fucus (among the Latins) is a Dorre or Drone, much like vnto a bée; yea and of some it is thought to be a bée vnperfect, & not fullie absolute: it wanteth a sting, neither dooth it worke honie, but gréedilie eateth vp the bées honie. And so by translation, they, which be

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idle and slothfull men, be called Fuci, or such as haue but the face and shew of men: who, not∣withstanding that they shunne all labour them∣selues, yet doo they eate and drinke abundant∣lie; in so much as some thought, that the word was deducted of this word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is, To eate and consume. For this harme sake, the bées driue them from their hiue. Wherefore Vir∣gil in his Georgiks saith,

Ignauum fucos pecus à praesepibus arcent;
that is,
The honnie-making bees doo driue The drones an idle beast from hiue.

Also Fucus is taken for the colour, wherewith cloth and wooll is died. As we haue it in the first lawe of the Code, Quae res vendi non possunt. In which lawe, Gratian, Valentinian, and Theodo∣sius doo decrée, that vpon paine of death, none should sell cloth or wooll died in purple; bicause the emperour would be clothed therewith alone. But we héere intreate of that kind of counter∣feit colour, which is a medicine or colour, where∣with the face is painted, that it might séeme the more beautifull. Of the Hebrues it is called Puc, of the verbe Haphac, which is, To change or turne the right forme. And certeinlie, it is a true and apt etymologie; for by such maner of paintings, countenances and faces are turned and alte∣red; séeing they appéere to be farre otherwise than nature hath appointed. By a generall word they are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, ornaments of the face; bicause they serue for the ornament and decking of women. They call it also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; wher∣of (as I thinke) the Latines deriued Fucum; and not of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as I alledged before out of other mens opinion. And they call Cerussa, or white lead, particularlie by the name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the which we call Stibium. And Purpurisse they name 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is a red painting. These things also haue an other name, whereof Plinie maketh mention in his 23. booke, the 4. chapter: and Tertullian, in his booke De cultu foe∣minarum; namelie, Calliblepharum, so called, bi∣cause they make the eie lids and browes more beautifull to behold. And thus much touching the names. Now let vs come to the matter it selfe, which cannot be better knowne, than by the proper causes of the same.

60 The end of such curious trimming is, to procure beautie, & to alter the face; whereby one may appéere the trimmer, and blemishes may be hidden; or else to bring in a better fauour than nature hath wrought. And the chéefe co∣lours, which the fine dooers of these things doo practise; is either whitenesse, which is doone with white lead; or rednesse, which is brought to passe by Purpurisse; or else blackenesse, vsed by the meanes of the stone Stibium. Also they colour their haire, sometime with safforne, and so they beguile the beholders of them, and with marue∣lous craft deceiue them. Héereof commeth that, which we haue in common talke; namelie, that A man casteth a colour vpon anie thing, when he deceiueth. And it is woont to be vttered in bar∣gains, in couenants, and agréements; Without colour or counterfeiting; that is, Fréelie, in good faith, absolutelie, and plainlie. These things of the end.

The efficient and proper cause is the naughtie desire of pleasing, the which sometime is stirred vp by pride, and sometime by lust. By pride, bi∣cause they will not haue anie to surpasse them in beautie, but will make a shew to be farre more beautifull than others. By lust, for that they would séeme to be beautifull more and more, than the measure of their owne naturall fauour hath appointed, and so to allure men to satisfie their lust. I am not ignorant, that the most ancient fathers (especiallie Cyprian in his booke De velandis virginibus) teach; that The di∣uell was the inuenter of such maner of trim∣ming. For when (as he thinketh) the euill angels had burned in the desire of women, and had a∣bused their bodies; they, for a reward of the li∣centious pleasures permitted vnto them, made demonstration of these artes and shamefull or∣naments. Wherfore Cyprian writeth, that these be not the ornaments, which GOD made; but those which the diuell deuised. Touching the cause efficient we haue spoken enough.

But the matter is nothing else in a maner, but filth; to wit, smoke, soot, fome, and spittle, and such things for the most part, as would loath a man to touch them. Yea, and sometimes poi∣sons are mingled; so that they, with their coun∣terfeit colours, doo not onelie wound the minds of the beholders, but doo also hurt their bodies. Of the forme I haue nothing to saie; bicause these things be tempered an infinite number of waies. And looke how manie counterfeited wo∣men there are, almost so manie kinds of false colours there be. They are said also to die their faces, and that is, both to colour them, and to de∣forme them. It is also said, that this vice is grea∣ter charge to women, than to men: bicause a woman, through hir defiled and corrupt na∣ture, is desirous of beautie, and (as the Gréekes saie) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, desirous to be trimme. Howbeit, Paulus the second of that name Pope of Rome, (as Platina writeth) at such time as he should come abroad, absteined not from false co∣louring; euen to the intent he might séeme of the more beautifull countenance, as he was ve∣rie tall of stature. But how shamefull a thing it was for the vicar of Christ, as he challenged him∣selfe to be, let other men iudge. Certeinlie, the Ethnike poet pronounced; that It best becom∣meth men to be carelesse of their beautie. And againe; Farre from vs may such yong men be,

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which are curiouslie trimmed like women. For Iulius Caesar was desirous to couer his baldnes. Wherefore, bicause of the honors (which were ve∣rie manie that the citie had bestowed vpon him) he most willinglie receiued the laurall crowne, which for this cause he ware in a maner alwaie. And Ierom writeth, that Maximilla the prophe∣tesse of Montanus vsed Stibium: which may note vnto vs, by what spirit she was led.

The generall word of this vice is feigning, and also leasing: sith they feigne a countenance to themselues as they list, and they counterfet beautie. Neither is wantonnesse far from it; for when by nature they haue not the woorthi∣nesse of beautie, they counterfet the same as they can. And we will not omit, that there be di∣uerse, which haue sometime painted their faces: not to the intent they might appéere the better fauoured and fairer; but bicause they would séeme to be more cruell, fierce, and horrible to behold: as it is written of the Brittons, who di∣ed their faces with a kind of hearbe like vnto plantine, as Caesar reporteth in his fift booke of his Commentaries. And in India, where is no small plentie of pretious stones, they are woont to make hollowe places in their owne flesh, that in the hollownesse thereof they may close in pre∣tious stones, and that as well in the forehead as in the chéekes. These things shall suffice for de∣claring the nature of false colours. Now remai∣neth to be said, whether it be lawfull to vse the same. Some affirme that it is lawfull, of whom there be manie Schoole-men, who rather fauour and make much of vices, than pursue them, and séeke to wéed them out. First they alledge cer∣teine testimonies of the holie scriptures, which at the first vew séeme to be of their side. Second∣lie, they labour to prooue the same by reasons.

[ 1] 61 Out of the holie scriptures they alledge that, which is written in the first to the Corinthi∣ans, the seuenth chapter; He that is not married, careth for the things of the Lord, how he may please the Lord; but he that hath married a wife, is carefull for those things that be of the world, and how he may please his wife. The vnmarried woman careth for the things of the Lord, that she may be holie, both in bodie and in spirit: but the married woman careth for those things that be of the world, and how she may please hir husband, It is lawfull therefore for women to indeuour to please their owne husbands, where∣by they may reteine them still to be content with their owne wife. For if they should despise them, they might easilie incline to whooredome and adulterie. Wherfore (saie they) there is some good vse euen of counterfet colouring. [ 2] And fur∣ther, vnto this purpose they drawe that, which is written in the first of Timothie, the second chap∣ter, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, In trim & come∣lie apparell. And they saie, that the apostle spake this, when he gaue precepts touching women. [ 3] Moreouer, they declare, that in the first epistle vnto the Corinthians, the twelfe chapter it is written; that Vpon those parts of the bodie, which are lesse honourable, put we more honour on; and our vncomelie parts haue more come∣linesse on. And that therefore, if anie deformitie be either in the countenance, or in the eies, it is conuenient that we should decke them more costlie. And bicause they be not so verie blind and blockish, but that they sée this to be a great stop vnto them, that men by these paintings and counterfet colours are prouoked vnto lust; they haue inuented certeine craftie and subtill shifts, that with them they might shadowe and colour their error.

[ 1] 62 First they saie, that we fall into the false argument [which is called] A secundum quid ad simpliciter, that is to saie, From that, which is in some respect, vnto that which is absolute. For séeing all things that stir men vnto lust are sin, we thinke that all things, which prouoke men vnto concupiscence, are to be condemned. [ 2] That the case dooth not so stand, they also bring an in∣stance of naturall beautie, the which out of doubt kindleth naughtie concupiscence with the sight of the same: yet none will saie, that the naturall appéerance of beautie is to be defamed as a sin. [ 3] Some grant, that sinne may happen thereby; howbeit, not through the nature of the thing it selfe, but by the circumstances adioined; that is, if they go about to paint their face, to the in∣tent they would be vnhonestlie loued of those, which behold them. Or else, if they be so proud and hautie, as by such meanes they indeuour, and are desirous to excell other women in beau∣tie: then (saie they) that euill créepeth in by acci∣dentall meanes, and not by the nature of the counterfetted colour. Wherefore they affirme, that there be two sorts of prouocations vnto wantonnesse; namelie, that either it commeth according vnto the naturall condition, or else through a lewdnesse of the intent and lust. And in these they grant sinne to be, in respect of the corrupt will and vnhonest desire: but they ad∣mit not that there is sinne, by the naturall con∣dition of the counterfet colour.

[ 4] And they saie moreouer, that the effect is to be considered all alike, whether it procéed from na∣ture, or come by art. Whereby they indeuour to prooue, that if the fault be not in the naturall beautie, no more is it in the artificiall beautie. They bring a similitude of the health, that it is all after one nature and maner, whether it grow by temperature, and naturall equalitie of hu∣mors; or else, if the same, hauing béene distem∣pered, is restored by the art of physicians. [ 5] More∣ouer, they put a difference betwéene cause and

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occasion. And they saie, that coloured faces be not causes of the ruine and offense taking of the beholders, but are onelie an occasion: and that things must not be iudged by the occasion, but by their owne proper nature; otherwise we should in a maner doo nothing, but we might be accused of sinne. For euen the verie best things may be occasions of falling vnto sinne: and that it should not be lawfull for anie man to shew either gold, or siluer, or pretious stones; bicause there would be an occasion giuen of co∣ueting them. And that by this meanes it would followe, that a beautifull woman ought neuer to step out of hir house, least she should be an oc∣casion of wicked concupiscence. Wherefore let vs reiect (saie they) the things that come by acci∣dentall meanes, and those things which be occa∣sions; and let vs onelie haue respect vnto them, which be causes both iust and by themselues. And let vs remooue corrupt nature, and naughtie concupiscence, as vice and sinne, which be the true causes of vnhonest loues, and raging lusts: and let vs not blame either feigned colours, or else naturall beautie. [ 6] Lastlie they saie, that we cannot denie, but that God hath made the na∣ture of colours and painting: and that we can∣not but grant euerie creature of God to be good, and that therefore it followeth, that Christian women may vse them fréelie. These are the things which be alledged by these men. But we, on the other part, iudge that they be not lawfull; the which we will prooue, as well by the scripture, as by verie likelie arguments.

[ 1] 63 Paule, when he went about to teach, that the ceremonies of Moses were not necessarie to saluation, was ill reported of by the Iewes, and by the false apostles: the which they verie often∣times obiected against him. But he answered; If I would please men, I should not be Christs seruant. By the which saieng he giueth vs to vn∣derstand, that we must not greatlie striue to be well liked of men. But those women, which set a false colour vpon themselues, doo labour all the waies they can, to please men. If it were not lawfull for Paule to please men in the ceremo∣nies, which were not mens inuentions, but had their beginning from the word of GOD; how much lesse must we yéeld to these men, in the thing which procéedeth from the follie of man, from naughtie lust, and (as Cyprian saith) from the diuell himselfe? [ 2] Further, it is chéefelie com∣mended to the Christians, that they should im∣brace sinceritie and truth: for we ought to ban∣ket in the vnleauened bread of sinceritie and truth, as Paule verie well admonished vs; but in feigned colours, neither sinceritie nor truth can take place. And Christ saith in the fift of Mat∣thew, that Men cannot make, no not one haire of their head white or blacke. [ 3] But they, which practise feigned colours, indeuour by their art to impugne that sentence; when as they die their face and their haire with colours, at their owne pleasure. [ 4] Also Paule, in his epistle to Ti∣mothie, forbad, that women should dresse them∣selues with curled haire, with gold, and pretious stones.

[ 5] And euen thereof dooth Peter, in his epistle, giue warning. Wherefore the part of Christians is to obeie so great masters of the church. And if so be thou wilt saie, that they made no mention of counterfeiting or colouring: I answer, that there is lesse naughtinesse in gold, siluer, and pretious stone, than in false colours. Which I alone doo not speake, but I haue Augustine for my warrant, in his epistle to Possidius. I haue also Chrysostome, in the 31. homilie vpon Mat∣thew. Now, for so much as the apostles forbad that which is the lesse euill, we must consider, that they also remooued that which is counted for the more gréeuous fault. [ 6] Also it is read in Deu∣teronomie, the 22. chapter, that God comman∣ded that men should not be clothed in womens apparell, nor women in mens: for bicause that is to hide the sex giuen by nature, and to shew themselues to be of an other sort, than God did create them. Séeing therefore this dissimulati∣on is forbidden to be doone in garments, whie shall it be granted, that we may feigne and alter the forme and fauour of our countenance? [ 7] To these things adde, that Paule did forbid Christi∣an women to go with their heads vncouered, least in verie déed by the comlinesse of their long haire, they might be an occasion of offense vnto men. Wherfore, séeing he forbad, that they should laie before mens eies the beautie of their haire, how much rather must we vnderstand, that he forbad them to make that ostentation of beau∣tie, whereof they be destitute by nature?

[ 8] And whereas we, by the diuine Oracles, are commanded, not onelie to prouide for our owne saluation; but for other mens also, how may there be safelie vsed anie feigned colours, which be swords, poisons, and firie flames vnto yong men, who are beholders thereof? Where is the obseruing of that commandement; Thou shalt loue thy neighbours as thy selfe? [ 9] Paule, when he had in manie words preached vnto the Corinthi∣ans, touching fornication, in the end concluded; Magnifie or glorifie ye God in your bodies. And GOD is magnified in our bodies, not onelie through chastitie, but euen by the verie habit or disposition of chastitie. [ 10] Further then this, let vs consider the maner of our creation. God at the beginning made men trimmed onelie in their naturall attire, so as they went altogither naked: but after sin was cōmitted, they put on couerings of leaues, whom afterward God co∣uered, not with purple or silke, but with a most

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plaine garment of skins. Whereby may be per∣ceiued, that superfluous ornaments did not pro∣céed from God.

[ 11] Againe, let vs consider, that by false colorings, the picture of God is put awaie, and the picture of an harlot taken on. But Paule said; Shall I take the member of Christ, and make thereof the member of an harlot? And so we may infer; Shall I take the face, figure, and lineaments of God, and bring in the lineaments, colours, and shew of an harlot? [ 12] So likewise Christ re∣prooued the hypocrites, bicause they obscured their faces, and deformed their visages, to ap∣péere that they had fasted; when neuerthelesse the fasting, which they did feigne, might in his kind be an honest & iust thing. How much lesse can it be allowed, that these women should alter their faces; to the intent they may allure vnto dishonestie? [ 13] Also in the third chapter of Esaie, God dooth earnestlie reprooue the daughters of Sion, for their superfluous ornaments; and threateneth them, that they should be most grée∣uouslie punished, in such sort, as all those things should be turned into their great reproch. [ 14] Last∣lie, it is not the part of christians to glorie in the flesh. But these, what doo they else séeke by pain∣ting of themselues, but the pleasure and glorie of the flesh? I might alledge verie manie other testimonies out of the holie scriptures; but these I take to be sufficient vnto the minds that be godlie, and not obstinate. Now will I bring in probable arguments, whereof least I should séeme altogither to be the author, I will declare what the fathers haue written touching this matter.

64 Tertullian wrote two little bookes, the one was of decking, the other of womens attire. And in the first he writeth, that men, by feigned colours, are allured to lust; and that a waie to temptations is opened, the which should rather haue béene shut. Moreouer, he reprooueth pain∣ted women for their follie; bicause the more that foulenesse is hidden, the more it is discouered. And when he testifieth, that God did not at the first create men, either painted, or with feigned colour; he demandeth, whether they shall at the latter daie rise vp from the dead with these counterfet and painted colours? Which being a matter incredible, he aduiseth them to refraine from the same; séeing such things are neither agréeable vnto the resurrection, nor yet to the first creation. Were these kind of ornaments (saith he) forgotten by God, in that he gaue them not at the time of creation? Certeinelie he might haue séene these things, which ye haue in∣uented; but he gaue them not, bicause they dis∣pleased him. Doubtlesse Tertullian persuadeth not, that a woman should go altogither vnhand∣somlie trimmed, and to be vncleanlie; but he teacheth, that the trimming vp of women must consist in a plaine and simple cleanlinesse. And assuredlie (saith he) christians doo professe mode∣stie and humilitie: but these kind of ornaments haue altogither respect vnto pride. Also he saith; that There cannot be shewed anie godlie wo∣man, and which hath béene commended in the holie scriptures, that hath decked hir selfe on this maner: wherfore it followeth, that the same is a vice, which cannot be defended by anie good example.

And as Paule said, that There is a difference betweene a married woman, and a virgine: so we may saie, that there is a difference betwéene the handmaidens of Christ, and the handmai∣dens of the diuell. The handmaidens of the di∣uell, séeing they be vnchast, doo vse these pain∣tings. Wherefore the handmaidens of Christ ought to eschew those things; that they may shew themselues the more vnlike vnto the o∣ther. Vndoubtedlie, if christian women would so colour and counterfet themselues; wherein (I beséech you) should matrones differ from harlots? For euen they doo chéeflie set foorth their owne beautie with these feignings and lies. He teacheth moreouer, that it dooth not suf∣fice vnto christian chastitie, that the same be as∣suredlie kept and had; but that it is also requi∣red, that it may appéere and breake forth in their attire and countenance: and that the power of faith ought to be so great, as the same may breake out from the hart vnto the habit or coun∣tenance of the bodie. And he saith, that christian women are therefore fallen into colours, and counterfet deckings; bicause faith is become weake and féeble in them. Origin, in his second Tome, and fourth homilie of sundrie places of the scriptures, among other things reprooueth women, which haue forged colors set vpon them; especiallie alledging against them, that they paint their liuelie faces with dead colours: and he affirmeth, that they doo these things in reproch of the Creator.

65 Cyprian also writeth of this matter in his fift sermon De lapsis, and in his booke De habi•…•… virginum. He imitated Tertullian, from whence also he tooke manie things word for word: al∣though it should appéere, that he wrote vpon an∣other purpose; for he speaketh onelie of the holie virgins, but Tertullian spake generallie; to wit, of womens attire, and of the habit of all wo∣men. This father, in reproouing of this vice, brought a verie elegant similitude deducted from a painter. A painter, if he shall earnestlie drawe anie signe, and another man come after him, and adde other colours and lines thereto, he perceiuing this, will take it to be doone in great disdaine: euen so (saith he) séeing God hath fashioned our bodies after his owne mind, he

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detesteth and cannot abide counterfet & strange colours, which are brought in by men, ouer and besides that which he hath doone; sith these things may séeme to haue a respect of mending his worke, or rather an impugning of the same. With blacke poulder (saith he) dooest thou paint out the lineaments of thine eies, whereas God made thée otherwise. And that which is more ve∣hement, he addeth; Which women, if they on this wise paint themselues, cannot put on Christ: for he maketh them to be alienated from saluation, when he separateth them from the holie vnction of Christ. And against those, which make a shew of themselues, to haue a continent and chaste mind, he writeth: And if thou knowest a drinke or meate to be poisoned, and shouldest sée anie man endeuour to eate or drinke of the same; couldest thou hold thy peace, and sinne not? Naie verelie, thou not onelie holdest thy peace; but thou drinkest vnto them the poison and liquor of death, and laiest it before mens eies to be droonke. Further, there be other such like sai∣engs in Cyprian, which for breuitie sake I mind to passe ouer.

Ambrose, in his booke De virginibus, when he reprooueth this vice; saith, That through counter∣feting of the countenance, they deuise how to corrupt their chastitie. Also he reprooueth their madnesse, when he addeth; While they stand in feare, how their husbands will iudge of them, they bewraie their owne iudgement of them selues: and they, which indeuor to please others, first displease themselues. For vnlesse they had displeased themselues, and had béene desirous of some thing in themselues, they had not desired to better their faces with feigned colours. After∣ward he added (me thinketh) a certeine hyperbo∣licall spéech; sith as the words sound, it is not true. For he saith, that outward adulteries; to wit, of the bodie, are more tollerable than adul∣teries of the countenance: bicause chastitie is corrupted in this, but nature in the other. And in the sixt booke he writeth; It is a painting of vice, not of comelinesse; of fraud, not of simplicitie; it beguileth and deceiueth. And she that garni∣sheth hir selfe on this sort, contenteth not hir hus∣band, who knoweth that the same is counterfet, and not his wiues owne.

66 And Chrysostome, in his 31. homilie vp∣on Matthew, exhorteth the husband to terrifie his wife from this vice; by shewing vnto hir, after a courteous manner, that coloured faces please not him, but that he is an vtter enimie to them: bicause the propertie of such kind of pain∣tings, is rather to deface the well-fauourednesse of women, than to beautifie them. And moreo∣uer he saith; that It is a great delight, to sée the face to be such a one, as GOD hath created it; when as on the contrarie part, a visage disorde∣red from his owne nature, with red chalke and white lead, is misliked. And he sheweth, that that deformitie commeth by this meanes; namelie, when the lips be died with purple, they resemble the cruell grinning of a beare; if the ouerbrows be made blacke, they will séeme as if they had béene rubbed against a pot in the kitchin; the chéekes whited, will shew like the wall of a whi∣ted sepulchre. But if so be a man will saie, that some women be so foule, as without counterfet colours, they haue no audacitie to come abroad; he answereth, that in vaine they doo vse those things; bicause nature beareth rule ouer art. And if they be foule of fauour, they cannot bring to passe by painting, but that they will be knowne at length what they be. Furthermore, deformitie it selfe is void of rebuke: but coun∣terfetted colouring, being perceiued, is conti∣nuallie noted with infamie.

It is written in the eleuenth chapter of Ec∣clesiasticus; Despise thou not a man in his out∣ward appeerance, neither commend thou a man in his beautie. Wherefore a blemish or foulenesse of the face, is not so greatlie to be abhorred. For (as he saith;) If that a faire and a foule woman were both weighed in a balance, and the discom∣modities weighed, as well of the one as of the other; we should not easilie perceiue, that the foule woman hath more discommodities than the faire woman. Moreouer, if they can teach husbands to loue women, which be in such wise counterfetted; they shall not allure them to themselues, but rather set them forward vnto harlots, who are cunninglie instructed in such arts. He writeth, that women, which paint their faces, doo euen as if they should sprinkle a gold image with mire and slime. Vndoubtedlie, the forme, which is like vnto God, cannot be expres∣sed in counterfet paintings, and outward co∣lours: which colours assuredlie are to be taken of no other thing, but of the stone called Stibius, or of white lead, or of the red painting called Purpurisse. Séeing it is not lawfull to counter∣fet the wares, which men buy and sell: how much lesse to counterfet the visage [which God hath framed?] And if so be, that when fault is found [with ware] after it is bought; the bargaine is broken, and the seller compelled by action at lawe to take his ware againe: no doubt, but if anie man buy a virgine, meaning, if she had béene no virgine, he would not haue bought hir; if afterward he perceiue she was deflowred, the bargaine is void; and an action is granted a∣gainst the seller, for the taking of hir againe. But doo these women thinke to scape vnpunished, for deceiuing of men, who being beguiled through counterfet colours, thinke they marrie beau∣tifull women; when they take deformed wiues?

67 Ierom against Heluid; writeth; This

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woman is painted out by a glasse, and to the re∣proch of the Creator she indeuoureth to be fai∣rer than she was by birth. And in his epistle to Laeta, touching the bringing vp of hir daughter, wherin he, reciting the historie of a certeine wo∣man, that was sore striken for annointing hir daughter with painting colours, calleth them which vse such things, Violaters of the temple of Christ. And in his epistle to Furia, of the kéeping of widowehood, he sheweth; that Counterfet∣ting of the face with colours, is an enimie vnto repentance, wherevnto christians ought to ap∣plie themselues all their life long. And he brin∣geth an example of the woman being a sinner, who with hir teares flowing abundantlie, wash∣ed the féet of the Lord, and wiped them with the haire of hir head. She had them not (saith he) burnished with the stone called Stibium. More∣ouer, he calleth white lead, and the red painting called Purpurissa; The fires of yoong men, the nourishments of lusts, and the tokens of an vn∣chast mind.

But to Augustine I come, who purposelie treated of this matter in his epistle to Possidius. He had propounded a question vnto him; Whe∣ther all kind of ornaments should be forbidden vnto women? He answereth, that he would not that he should haue too forward a iudgement, touching the ornaments of gold and of pretious apparell; to wit, that he should forbid them vn∣to all women. But he saith; To be coloured with paintings, whereby a woman may appéere either whiter or redder, is an adulterous and craftie deceit, whereby I doubt not, but that the husbands themselues will not be deceiued. Her∣by we easilie gather, that it is not lawfull for to vse such paintings, séeing they be counterfet deceits; and not onelie counterfet, but also per∣nicious: bicause they be set foorth to deceiue the beholders. Moreouer, it must néeds be a vicious thing in a woman, that she would beguile a man. Thus much Augustine. Wherevnto I adde, by the iudgement of Paule; that We must not onelie eschew euill, but also the verie shew of euill. But in false colouring, there is so mani∣fest a shew of euill, as it cannot be denied. Vn∣doubtedlie, in the holie scriptures, the colouring with Stibium is neuer taken in good part. In the fourth chapter of Ieremie, and in the 23. of Eze∣chiel, when GOD bringeth the idolatrie of the Iewes into hatred, he vseth the metaphor of whooredome, and saith; that He will bring the enimies against that people, who for their sakes had before painted their faces with Stibium; to the intent they might commit shamefull whoore∣dome with them.

Séeing therefore the scriptures beare record, that these colours are procured for whooredome sake, we must not giue eare vnto fond painted women, which protest, that they haue a chast hart and mind. Now that we haue brought testimo∣nies enow out of the word of God, and plen∣tie and sufficient reasons out of the fathers; what must we then conclude? Not that euerie orna∣ment should be vtterlie taken awaie from wo∣men. Let them (in Gods name) indeuour to please their owne husbands honestlie; let them not be altogither vnhandsome, and foulie atti∣red; let them wash awaie vncleanlinesse; let them cleanse awaie filth: but let them not be painted with white lead, with Purpurisse, with Stibium, and finallie with anie counterfet co∣lours. For that is to put on vizards, and to plaie the maskers, to beguile, to deceiue, and also to stir vp lusts. But what my iudgement is con∣cerning gold, iewels, & sumptuous garments, I did not purpose at this time to haue disputed; howbeit, bicause they are things néere agréeing togither, I will bréeflie intreat somewhat of them. By the saieng of Augustine euen now al∣ledged, it appéereth, that those ornaments are not rashlie to be condemned, and vtterlie to be taken awaie. For there be diuers degrées, and sundrie states of men. There be in the world not onelie common people, and such as are not in honour; but there be also Emperours, Caesars, Kings, Quéenes, Princes, Lords, and Ladies: vnto whom after a sort those ornaments be ne∣cessarie.

68 Howbeit, thou wilt saie, that Peter and also Paule doo seeme to haue forbidden these things: but what their meaning was, that are we to consider of. Their mind was to with∣drawe christian women from vanitie, pride, su∣perfluitie, and too much sumptuousnesse; and to lead them awaie from that opinion, wherein they iudged these things to be the proper, true, and principall ornaments of women. So that they being adorned on this wise, thought that no other thing should be sought for: as though in these ornaments consisteth the whole summe and effect of all. Wherefore they forbid these things, not absolutelie; but by waie of compari∣son. In like maner, as when the same Paule saith; that Our striuing is not against flesh and bloud; denieth not, but that we must also striue against these things: but he sheweth that these striuings are verie small, in comparison of the powers of our aduersaries, which continuallie assault vs. And euen as when Christ, in talking of Iohn, said; that They which are clothed in soft garments, be in kings houses, tooke not soft and pretious garments out of the world, but shewed for whom they were méet. Moreouer, we must consider vnto whom the apostles wrote; name∣lie, vnto them of small estimation, to the com∣mon sort, to those which were obscure and ab∣iects: séeing the church for the most part at that

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time consisted of such. Wherefore Paule said in the first epistle to the Corinthians; Brethren, haue an eie vnto your calling, not manie noble men, &c. To the intent therefore that Christian women should auoid superfluitie, and too much sumptuousnesse, and not vse such ornaments for things indifferent, and thinke that they might vse them as they list; they call them backe from those things, that leauing their affection to∣wards them, they should séeke for better: the which would be ouerlong now to recite. For they are easie to be found in the verie writings of the apostles, and almost in the whole scripture be∣sides. These things being on this wise ordered, we will answer the arguments brought out of the scriptures by our aduersaries.

[ 1] 69 First, out of the first epistle to the Corin∣thians, the first chapter, it was alledged; that married women doo care for those things that be of the world, to the intent they may please their husbands. But this we denie not: let them haue a care to please their husbands, so they doo it without dissimulation and lieng. And let them thinke of themselues, whether they would be so deceiued and beguiled, as in stéed of a com∣lie and well fauoured man, they should marrie him that were foule and deformed. [ 2] They said al∣so, that if men should be alienated from their wiues, for deformitie sake, they might easilie fall into adulteries. Héerevnto I answer, that honest husbands, by false paintings, are ra∣ther alienated than woonne vnto their wiues. Moreouer, if they absteine not from adulteries, for the feare that they haue of God, and are vr∣ged by the authoritie of his word; neither yet be mooued by the lawes of men, and terrified with gréeuous perils: much lesse will they staie for such counterfet painting. [ 3] And whereas it was alledged out of the epistle vnto Timothie, that it is lawfull for women to go in comelie apparell, it is not rightlie expounded by our aduersaries: bicause 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in that place is modest and ho∣nest: which the word following dooth declare, for it is afterward added; In shamefastnesse. But in feigned colours there is no shamefast∣nesse, naie rather, there is intollerable impu∣dencie.

[ 4] Furthermore, there was a place brought out of the first to the Corinthians; that Vpon those parts, which be most vnhonest, put we more ho∣nestie on: wherevpon it was concluded, that if anie blemish be in the bodie, or in the counte∣nance, it is lawfull to adorne and to colour the same. First let vs consider what mind the apo∣stle had, when he wrote these things. In verie déed he ment nothing else, but that the weaker sort in the church, which séeme to be the vnworthi∣er and obscure members of Christ, should not be reiected and troden vnder féet; but rather cheri∣shed and adorned: the similitude being drawne from hence, to wit, that it hath béene so vsed in the outward bodie. And whereas the apostle speaketh of honour to be put vpon those parts which are lesse honest; it cannot apperteine vnto counterfet colours: for they are no ornaments, but rather feigned deuises and deceits. I praie you moreouer, what honour is there giuen vnto the parts that be lesse honest? Euen to couer them: for we prouide that they should not be séene or open vnto others. So then let them co∣uer their face, if they thinke it to be foule or lesse decent. But they will saie, that it is not the cu∣stome in all countries, that women should go with their faces couered. If this maie not be, let them abide the foulenesse and indecencie laid vpon them by God. What if so be they had béene borne lame, or with a crooked backe? Certeinlie they might not haue amended these things; but should haue suffered them. Let them therefore, which be deformed by nature, endeuour to make themselues commendable and approoued for their vertue and honest conditions. Thus much for answer vnto the places of the scripture alled∣ged by them. Now must we confute their sub∣tilties.

[ 1] 70 First they saie, that we offend by a false argument, A secundum quid ad simpliciter, from that which is after a sort, to that which is abso∣lute. For séeing there be manie things found, which prouoke lusts, which cannot be denied to be sinne; therefore that we iudge all things to be vicious, which mooue or stirre our euill concu∣piscences. [ 2] But this they affirme to be false, and bring an instance of naturall beautie, which in∣flameth those that looke therevpon, and yet will none saie that there is fault therein. To this false surmise we answer, that one and the like con∣sideration is not to be had of beautie naturall, and of that which is counterfet. Bicause natu∣rall beautie cannot be accused of sinne, séeing it is the worke of God. Againe, she that is beauti∣full by nature, indeuoured not to obteine this gift: but they, which paint their faces, séeke it as much as they can; that being not beautifull, yet at the least wise they may séeme to be such, and therewithall discouer their owne corrupt mind, and shew signes of a naughtie concupiscence. [ 3] Furthermore, they said, that we vse a false syl∣logisme of the accident, in that we iudge of the action, not according to the nature thereof, but according to the accident which followeth the same; that is, by the circumstances which are a∣bout the matter, and happen therevnto. Héere∣vnto it is said, that whereas of accidencies or circumstances there be two kinds; one com∣mon, (bicause either for the most part, or now and then it is separated from the thing) and o∣thers so fixed and constant, as they be not disse∣uered:

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by these of this second kind, mens acti∣ons are iustlie and vpon good cause allowed or disallowed. Euen as, for that it is a thing neces∣sarilie incident vnto surfetting, to ouercharge the hart; therefore it is condemned as sinne. Droonkennesse also, bicause it taketh awaie the hart of man, prouoketh him to lust; and other∣while also stirreth vp vnto furie: therefore it is accounted sinne.

This in like maner they haue alledged, that sinne is in things, either by a naturall conditi∣on, or else by an affection of those persons, which vse them: but that in counterfet colour, there is no euil by a naturall condition; but that sinne dooth onelie happen, through the corrupt will of them that practise these things. Howbeit, if we should followe this as a continuall and certeine rule, we should defend manie acts wickedlie doone, to be things indifferent: which neuerthe∣lesse, by the scriptures, and by the iudgement of sound men, are condemned. For in adulterie, if thou haue respect vnto the condition of nature; what else (I praie you) is there but a coniunction of man and woman? Shall we therefore saie, that such a coniunction is not sinne? Naie ve∣relie, it is a most gréeuous wickednesse: bicause men are not there coupled with their owne, but with other mens. The which condition is so an∣nexed vnto adulterie, as without the same, it cannot be committed. Theft also, if thou looke vpon the naturall action, is to carrie awaie a thing from place to place, and to translate it from some one person vnto another. But in these actions, theft is not committed; vnlesse the goods belong to another man, and be taken a∣waie against the will of the owner. Wherefore the circumstances, or fixed accidents are of so great importance, as in them that which is doon, is iudged to be sinne: yea and in them it resteth oftentimes, that the forme of sinne is changed. For if that, which belongeth to another man, be taken awaie from the owner, against his will, theft is committed; but if thou take awaie a ho∣lie thing, or remooue it from a holie place; now it is not theft, but sacrilege.

[ 4] 71 Moreouer, they tooke it as granted, that a thing, whether it procéed of nature, or of art, is all of one sort: and therfore, when there is both a na∣turall beautie giuen, and an artificiall, séeing the one cannot be reprooued as a sinne, neither ought the other to be disallowed. And that the things naturall and artificiall haue one and the selfe-same respect: hereby they prooue, bicause the health, which is naturall, and that which phy∣sicians restore by their art, be both of one condi∣tion and propertie. But in arguing in that sort they are deceiued: for it is not true, that things naturall and artificiall are both of one conditi∣on. And the similitude brought dooth prooue no∣thing: for the health, which is restored by physi∣cians, is not artificiall, but naturall. It is na∣ture it selfe that bringeth foorth the same, being aided by medicins and physicke. Wherefore the physician is called the minister of nature. And if so be that nature doo so faint, and be vtterlie destitute of strength, the physician can bring no∣thing to passe. But bicause I will not séeme to cauill, admit we them to be of one condition, then will I aske; Bicause naturall beautie dooth prouoke vnto lusts, therefore must we studie to doo it more vehementlie by painting and colou∣ring? Further, it is not true, that semblable ef∣fects are brought foorth in them both: for natu∣rall temperature maketh true beautie; but counterfet colours and painting doo make it dis∣sembled, feigned, and counterfet.

[ 5] They contended, that the true cause ought to be distinguished and separated from the occasi∣on. This will we easilie grant, denieng neuer∣thelesse that, which they affirme; to wit, that we should not iudge of the actions, according to the occasions. For although it so happen sometime, yet is it not alwaies true; forsomuch as occasi∣ons haue a great force, and (according to their difference) manie things are allowed, and also dispraised. So great respect had God vnto occa∣sions, as for them he made manie lawes. Wher∣fore would he haue his people of Israel to méet togither all in one place, to sacrifice and to wor∣ship? Assuredlie, euen bicause there should be no occasion giuen of schisme in religion, if men had assembled togither in diuers places at their owne pleasure. For in sundrie places, euerie man would haue serued GOD after his owne mind, and not by the prescript lawe of GOD. Neither did he, for anie other cause, permit a di∣uorsement; but to take awaie the occasion from cruell husbands, of murthering their wiues. He also forbad matrimonie with idolaters & stran∣gers, for feare of corrupting sound religion.

72 Hereby we may easilie sée, what account God made of occasions. And it appéereth not to be true, which these men suppose, that we must not iudge of mens actions according to the occa∣sions. Also, how we are to estéeme of occasions, the Romane lawes doo teach. For in the booke of the Digests, in the title Si quadrupes pauperiem fecisse dicatur, it is decréed; that The owner of the foure-footed beast shall either deliuer the same beast that hath doone the hurt, or else paie the value of the harme. And in the title Ad legem Aquiliam, manie punishments are prouided a∣gainst occasions, and against those things, which are doone by chance. If a maister shall be ouer∣cruell to his scholer, so as afterward he put him in perill of his life, he is in the danger of that lawe; although his mind was to teach, and not to hurt or wound. Also the physician standeth in

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danger, if he cut not a seruant as he ought to doo; when as there is no doubt made touching his will in the dooing of it. Likewise, that man, which shall take mules to be handled and gouerned, and afterward, either for his vnskilfullnesse, or for his weakenesse is not able to restraine their violence, whereby there is harme doone, he is punished; when as yet his weakenesse and want of skill doth after a sort lighten his offense. But the lawes haue a consideration, that he, knowing his owne infirmitie and want of skill, should not haue taken that charge vpon him. And they that in throwing darts, or shoo∣ting of arrowes in game, happen to kill a ser∣uant passing by the high waie, they be in danger of the lawe Aquilia. Also they, which make pit∣fals for to take wild harts or beares, if men or cattell fall therein by chance, those men be puni∣shed. In like maner, if he that is appointed to be the kéeper of a burning fornace, fall asléepe, and the fier breaking out setteth all on fier, he is pu∣nished; though he were the occasion, not the cause of the burning. Héereby it appéereth, that euen the occasions of harmes are iudged to be offenses. Wherefore it is a common saieng, that He that giueth the cause, séemeth to haue doone the harme.

But our aduersaries will saie; We reason not of the cause, but of the occasion. But (I beséech you) let these men tell me, what is occasion. The same vndoubtedlie is a cause also, although not so full and perfect. For, euen as an offense is of two sorts (giuen I meane and taken) euen so we saie, that occasions is of two sorts; namelie, ta∣ken and giuen. It shall be called an occasion taken, in respect that when a man indeuoureth to doo well, and (according to the precept of the lawe) others take occasion of defaming and slandering his good purposes: in this case he that dooth well, is not to be accused of sinne; neither must he leaue off from his good enter∣prise, bicause of them which speake euill. But he is said to giue an occasion, which by dooing of e∣uill, or by not absteining from such things as he might; either by his example, or by some other meanes, dooth stirre vp some man to sinne. Be∣sides, in this degrée are women that paint them∣selues to be reckoned; bicause they offend, and giue offense by their vnhonest dooing; and by not desisting from that, from which they might easilie temper themselues. For whereas it is not vnknowne vnto them, that manie of the be∣holders be inflamed and perish, through their counterfet colours, yet will they not refraine from them; speciallie, séeing that in those things a small fault, yea sometimes no fault almost at all is condemned. Euen as there is no doubt, but that a maister, which séeth his seruant strike or kill an other, is in danger of the law Aquilia: as saith Vlpianus in Lege Aquilia, in the Digests, in the same title. For that the knowledge & sight is taken for the suffering, since he did not forbid it, when he might; as Paule the lawier shew∣eth, in the lawe following, in the Digests, in the same title. Therfore it is not true, that these men affirme; that we shuld neuer iudge by occasions, séeing they ought to auoid all things, which may giue occasion and offense: as I haue declared.

[ 6] 73 They said moreouer, that in following of our opinion, it might not be lawfull to make shew either of gold or of iewels; least the behol∣ders thereof should fall into naughtie desires, and should wish them to be theirs; although it were by wrong meanes. Héervnto we answer, that there is great difference betwéene counter∣fet colours, & naturall beautie; such as is in gold, siluer, and pretious stones, which sometimes are necessarie to be shewed foorth to the eie: as in the crowne of a king, in principall bankets, and vpon certeine other causes. [ 7] Further, it was ob∣iected, that if the matter should be thus, it might neuer be lawfull for a woman, indued with na∣turall beautie, to step out of hir house; least she should giue an occasion of naughtie desires. Héerevnto we answer, that it should be verie well doone of faire maidens, and comelie ma∣trons, to kéepe at home, so much as is possible. Wherevpon the snaile, among the Ethniks, was an honest matrons cognizance; bicause that creature dooth continuallie hide it selfe in his shell. And Paule reprooueth the widowes, which wander from house to house. Let them remem∣ber the ill hap of Dina, which gadded abroad to be acquainted with the maners and qualities of strange women. Salomon also saith; that The vnchast woman is a wanderer vp and downe, but the honest woman setleth hir selfe at home.

But thou wilt saie, that she must sometimes go abroad vnto godlie sermons, to comfort the afflicted, and them that be sicke; speciallie if they be of hir kindred. I grant that these be necessa∣rie duties; in the dooing whereof, let women so wiselie behaue themselues, as they brag not of their beautie, but let them rather modestlie dis∣semble it: that if there happen anie euill after∣ward, they may be excused, bicause they gaue not their indeuour to anie lewd or forbidden thing. Lastlie, it was obiected, that these things be the creatures of God; & therfore indifferent: where∣vpon it was concluded, that we may vse them. But we replie, that we may vse them rightlie; but not abuse them. If this were a strong argu∣ment, gluttons & droonkards should be excused. For they would saie, that bread, & other victuals, & also wine, be the works of God; & therefore we take our pleasure of them. Also the workers of idols would pretend, that the marble stone, iuo∣rie, gold, siluer, and wood, are the creatures of

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God; and héereby would saie, that it should be lawfull for them to vse them at their owne plea∣sure. Paule said; All things are lawfull vnto me, but all things are not expedient. For whatsoe∣uer we doo, it ought to be a furtherance vnto the glorie of Gods name, and to the edifieng of our neighbours. Let these things suffice for answer, vnto the arguments and sophisticall reasons of our aduersaries.

Notes

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