A68840:1556
Most fruitful [and] learned co[m]mentaries of Doctor Peter Martyr Vermil Florentine, professor of divinity, in the University of Tygure with a very profitable tract of the matter and places. Herein is also added [and] contained two most ample tables, aswell of the matter, as of the words: with an index of the places in the holy scripture. Set forth & allowed, according to the order appointed in the Queens majesties injunctions.Most fruitfull [and] learned co[m]mentaries of Doctor Peter Martir Vermil Florentine, professor of deuinitie, in the Vniuersitye of Tygure with a very profitable tract of the matter and places. Herein is also added [and] contained two most ample tables, aswel of the matter, as of the wordes: wyth an index of the places in the holy scripture. Set forth & allowed, accordyng to thorder appointed in the Quenes maiesties iniunctions.
London: printed by John Day, 1564London: printed by Iohn Day, 1564
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
1The civill laws have decreed this self same thing. Justinian in his institutions, in the title de Nuptiis, will not that marriages should be firm, without the consent of the Parents. And in the Digestes De statu hominum in the Law Paulus: If a son marry a wife against the will of his parents, the child which shall be borne of those marriages, shall not be legitimate, &c. And in the Code De Nuptiis in the law Si proponis, the case is diligently to be marked. The daughter marrieth by the consent of her father, she afterward complaineth of her husband, and departeth from him. Afterward he cometh into favour again, and she marrieth him again against her fathers will. It is answered, that that matrimony is not lawful. Hereby appeareth how much the laws esteemed the power of the father. Afterward in the law Si furiosi: Children, if peradventure their parents be mad or bestraught of their wits, because they cannot use their consent in contracting of matrimony, shall use the consent of their tutors.
1The ciuill lawes haue decreed this selfe same thinge. Iustinian in his institutions, in the title de Nuptiis, wil not that mariages should be firme, without the consent of the Parentes. And in the Digestes De statu hominum in the Lawe Paulus: If a sonne mary a wife against the will of his parentes, the childe which shalbe borne of those mariages, shall not be legitimate, &c. And in the Code De Nuptiis in the law Si proponis, the case is diligentlye to be marked. The daughter marieth by the consent of her father, shee afterward complayneth of her husband, and departeth from him. Afterward he cōmeth into fauor agayne, and shee marieth him againe against her fathers will. It is aunswered, that that matrimony is not lawfull. Hereby appeareth how much the lawes estemed the power of the father. Afterward in the law Si furiosi: Children, if peraduenture their parentes bee mad or bestraught of theyr wittes, bycause they cannot vse their consent in contracting of matrimony, shall vse the consent of theyr tutors.
1Wherefore it seemeth marvellous, how Christians at this day determine that marriages are lawful without the consent of the parents, and for that thing they lay for an excuse the Cannons: of which I think it good briefly to declare some. And first I will make mention of the better Cannons which were more ancient: For the later they were decreed, the more corrupt they were.
1Wherfore it semeth meruelous, how Christians at this day determine that mariages are lawefull without the consente of the parentes, and for that thinge they lay for an excuse the Cannons: of which I thinke it good brieflye to declare some. And firste I will make mencion of the better Cannons whiche were more aunciente: For the later they were decreed, the more corrupte they were.
In the decrees .30. quest. 5. chap. aliter: Matrimonies are then lawful, when the maidens are desired of their parents, and delivered openly. Otherwise they are not matrimonies, but whoredoms, unhonest companying, adulteries, and fornications.1 Thus decreed Evaristus. Nicolaus also at the consultation of of the Bulgares in the .30. quest. 5. chap. nostrates. Those matrimonies are firm which are joined with the consent of those that contract them, and of those in whose power they are. Leo also the first in the .30. quest. 5. chap qualis: Then it is to be counted matrimony, when the maiden is by her parents delivered unto her husband.2 And in the 31. q. 2. chapt. non omnis. A woman which marrieth by the consent of her father, is without blame, if any man afterward shall find fault withal,3 And thus Gratianus concludeth that place, that he saith, in contracting of matrimony, the consent of the Parents is always required.
In the decrees .30. quest. 5. chap. aliter: Matrimonies are then lawfull, when the maydens are desired of their parents, and deliuered openly. Otherwise they are not matrymonies, but whooredomes, vnhonest companieng, aduouteries, and fornications.1 Thus decreed Euaristus. Nicolaus also at the consultacion of of the Bulgares in the .30. quest. 5. chap. nostrates. Those matrimonies are firme which are ioyned with the consente of those that contracte them, and of those in whose power they are. Leo also the fyrst in the .30. quest. 5. chap qualis: Then it is to be counted matrimony, when the mayden is by her parentes deliuered vnto her husbande.2 And in the 31. q. 2. chapt. non omnis. A woman whyche marieth by the consente of her father, is without blame, if anye man afterwarde shall fynde faulte withall,3 And thus Gratianus concludeth that place, that he sayth, in contractynge of matrimonye, the consente of the Parentes is alwayes required.
1Farther, Ambrose entreating of a place of Genesis where it is written, that the servant of Abraham came into Mesopotamia, and found a wife for his ⟨p. 215⟩masters son, the parents of the maiden, when they laboured to retain him longer, & he would not abide, they called the maiden, & asked her whether she would go with him. After this manner he saith, as also it is declared, in the, 23. q. 2. chap. honorandum. They asked not her (saith he) touching the wedding, but only whether she would go with him. For it pertaineth not (saith he) to maidenly shamefastness, to choose unto her self a husband. And the same thing affirmed he of widows which are young. Although to speak the truth, I can not in this thing grant unto Ambrose, that the maiden was not demanded the question whether she would marry him, neither do I doubt but that she was asked the question of either cause. For in the .30. q. 2. chap. ubi non est, it is had:2 That there can be no matrimony, where is not the consent of those that contract, yea in marriages of children, which are but .7. years of age, because at that age they are thought to understand somewhat of matrimony, the consent of those that contract is necessary. And because there is mention made of spousages, this seemeth good to be noted by the way, the children so contracting, ought to be seven years of age, otherwise the parents can promise nothing for them. The same children, if afterward, being of more years, they shall contract an other matrimony, the same is of force, and not the spousages: which yet is to be understand if the parents consent to the second matrimony. Moreover in the .31. quest. 2. chap. tua, Hormisdas answereth, that children when they contract after this manner, ought to stand to the will of their parents. And Extra de sponsatione impuberum. chap. tua, it is ordained that children when they come to ripe age, ought to obey their parents, for as much as also they gave their faith, and consented.
I thought it good also to bring somewhat of the counsels.1 Concilium Toletanum the fourth .32. q. 2. chap. hoc sanctum, decreeth: If widows will not profess chastity, let them marry to whom they will: and the same thing it decreeth of a maiden, but it addeth, so that it be not against the will of the parents or her own. Such an addition we see that Nicolaus the second added, as it is had in the .27. quest. 2. chap. sufficiat, where he writeth after this manner: To join matrimony, the con sent of those which contract, is sufficient, & it followeth, according to the laws matrimonies of children are not acknowledged, if they be made without the con sent of the parents. Yet the gloss referreth not those words unto the civil laws but to the Canons, because (as the Canonist say) the civill laws are sometimes corrected by the Canons. But oftentimes happeneth that those Canons are in very deed [Greek or Hebrew], that is rules without a rule, as, Extra de coniugiis seruorum, 2chap. 1. if bondmen contract, yea against the will of their Lords, such matrimonies shall be ratified. Behold, sayeth the Gloss, the Canons amend the civill laws. For in them it is forbidden, that a bondman should marry a wife against the will of his Lord, yea if a free man have very much resort unto an others mans bond woman, he is made a bondman, & a free woman if she have much access unto an other mans bondman, she also loseth her liberty. The gloss saith more over, that more is attributed unto matrimony, then unto holy orders: because it is not lawful to bring a strange bondman into orders, but it is lawful to con tract matrimony with him. Wherefore it manifestly appeareth that the latter Canons were viciated and corrupted, which took away from marriages the consent of parents, as necessary.
I thought it good also to bring somewhat of the counsels.1 Concilium Toletanum the fourth .32. q. 2. chap. hoc sanctum, decreeth: If widowes wil not professe chastity, let thē mary to whō they will: and the same thing it decreeth of a mayden, but it addeth, so yt it be not agaynst the will of ye parentes or her own. Such an addition we se that Nicolaus the second added, as it is had in the .27. quest. 2. chap. sufficiat, where he writeth after this maner: To ioygne matrimony, the cō sent of those whiche contract, is sufficient, & it followeth, according to the lawes matrimonyes of children are not acknowledged, if they be made without the cō sent of ye parentes. Yet the glose referreth not those wordes vnto ye ciuile lawes but to the Canons, bycause (as the Canonist say) the ciuill lawes are sometimes corrected by the Canons. But oftentymes happeneth that those Canons are in very deede , that is rules without a rule, as, Extra de coniugiis seruorum,
But now let us see what reasons they pretend. Extra de sponsalibus, chap. cum locum, it is said: There ought in contracting of matrimony to be most full liberty. And in the same chap. veniens: If there should be there any fear, the matrimony ought to be void, and there is given a reason, because she can not long please him of whom she is hated. And because such contracts have oftentimes an unlucky end, and also because that is easily contemned which is not loved: Yea the Canons seem so to have loved liberty in contracting of matrimony, that the Counsel of Paris (as it is had in the .30. quest. 2.) decreed: That it is not lawful ⟨image 222⟩to desire a wife by the letters of a king. Although the same thing also be decreed in the Code de Nuptiis, in the law .1. chap. si nuptias ex rescriptio. The reason is, because the letters of princes are in a manner commandments and threatenings. Neither do I disallow that: although I do not a little marvel, that the Canons have proceeded so far, that they have decreed that matrimony may be contracted between him ye steals away a maid, & her that is stolē. Extra de Raptoribus & Incendiariis, chap. cum causa. A maiden that was stolen away out of the house of her father, had contracted matrimony with him that stole her, the father withstandeth such a marriage. Here the good Pope answereth, for as much as the maiden consenteth, she can not seem to be stolen. Wherefore he decreed that matrimony to be good. And in the next chap. Accedens: If a man had stolen away a maiden, not only against the will of her parents, but also against her own will, which maiden yet, if she afterward consented with him that stole her, he decreed that firm matrimony may be contracted between them. The same thing seemeth to be decreed in the .36. q. 2. chap. in summa, where is entreated of the stealer and her that is stolen, & it is decreed: If she ye is stolen shall consent with the stealer, matrimony may be contracted between them; but yet in such sort, that first they do some penance.
But nowe let vs see what reasons they pretend. Extra de sponsalibus, chap. cum locum, it is sayd: There ought in contracting of matrimony to be most full liberty. And in the same chap. veniens: If there should be there any feare, the matrimony ought to be voyde, and there is geuen a reason, bicause she can not long please hym of whom she is hated. And bycause such contractes haue oftentymes an vnlucky end, and also bycause that is easely contemned whiche is not loued: Yea the Canons seme so to haue loued liberty in contracting of matrimony, that the Counsel of Paris (as it is had in the .30. quest. 2.) decreed: That it is not lawful
But because some Canons make against this decree, therefore they thus moderate the matter, that wheresoever they read that matrimony can not be contracted between such persons, that they understand to be said for some one of these three causes, either because she that is stolen did not consent, or else because she was betrothed before unto an other by words (as they use to spake) of the present tense, for I say not of the future tense, for the husband was not compelled to marry one defiled, or because she was not marriageable.
But bycause some Canons make against this decree, therfore they thus moderate the matter, that wheresoeuer they rede that matrimony cā not be contracted betwene such persons, that they vnderstand to be sayd for some one of these thre causes, either bycause she that is stolen did not consent, or els bycause she was betrouthed before vnto an other by words (as they vse to spake) of ye presēt tense, for I say not of ye future tense, for ye husbād was not cōpelled to mary one defiled, or bicause she was not marigeable.
But in the Code it is far otherwise decreed for stealers away of virgins, namely that matrimony can by no means be contracted between those persons, yea although the father consent unto her that is stolen, and Justinian also in his Authentics, Collation .9. in the title, que raptoribus nubunt, decreeth the same to the detestation of so great a crime. But our Canonists, in gods name do think that matrimonies are lawful even against the parents will, wherefore in the .32. q 2. chap. Mulier, the gloss saith, that the power of the father is broken as touching an oath and matrimony, when ripe age cometh, which sentence the schoolmen also have followed. Of this matter they dispute in the .4. book of Sentences dist. 28. where they define that a man, even the son of the father of the house, hath a certain dominion over his own body, neither is so bound to his parents, but that he may at his own liberty dispose of it, as touching matrimony. And when they read in the Canons that the consent of the parents is required for the contracting of matrimony, they by their interpretation corrupt them, and say that Evaristus, 1Nicolaus, and Leo when they so decreed, did judge that the consent of the parents is required as touching the honesty of matrimony, but not as touching the necessity: which thing peradventure they drew out of the glose Extra de desponsa. impuberum, in the law tua, which is after this sort: That the good will of the parents is to be required, but rather for the comeliness of the marriage, then for the necessity, so that if the parents will not assent, yet are the children free, and may contract matrimony at their own liberty. Yea and the Master of the Sentences also in the distinct .28.2 The consent of the parents (sayeth he) serveth for the comeliness and honesty of marriages, and not for necessity. And he bringeth the words of Evaristus, but he sayeth there is a difference between those things which are required to the substance of marriages, and those things which serve for the honesty and comeliness. And the good will of the parents as he sayeth, pertaineth not to the substance of marriages, he thinketh that without it children may lawfully contract. And for as much as he maketh matrimony a Sacrament, he willeth that ⟨p. 216⟩in such marriages should be the virtue of matrimony, and not the honesty.
But because they very much press the words of Evaristus, when he writeth that marriages contracted without the good will of the parents, are whoredoms, fornications and adulteries: the master of the sentences answereth that that is true, not because such marriages are in very deed such, but because they assembling together secretly among themselves, & privily without the parents knowledge, are wont to be counted as whoremongers and adulterers, but yet the matrimony abideth ratified and is firm, because of the words of the present tense which were therein used. Also Thomas Aquinas in the same place,1 is of the same judgement, and unto that which is brought out of Paul unto the Ephesians (where he saith, children obey your parents in all things:) He answereth that that is to be understand of those things, wherein the children have not any liberty, namely as touching familiar and domesticall things. And this reason he addeth: because matrimony is a certain kind of servitude, which the child is not compelled to take upon him against his will. And in that it is written of Abraham, that he sought his son a wife out of his kindred, he answered that that happened, because he knew that that land was promised unto his posterity, and that God had decreed to take it away from the Canaanites. Wherefore he would not have his son contract matrimony with them.
But bycause they very much presse the wordes of Euaristus, when he writeth that mariages contracted without ye good will of the parentes, are whoredomes, fornications and aduoutries: the master of the sentences aunswereth that that is true, not bycause such mariages are in very deede such, but bycause they assemblyng together secretly among thēselues, & priuely without the parents knowledge, are wont to be counted as whoremongers and adulterers, but yet the matrimony abideth ratified and is firme, bicause of the wordes of the present tense which wer therin vsed. Also Thomas Aquinas in the same place,1 is of the same iudgement, and vnto that whiche is brought out of Paul vnto the Ephesians (where he sayth, children obey your parentes in al things:) He answereth that that is to be vnderstand of those things, wherin the children haue not any liberty, namely as touching familiar and domesticall things. And this reason he addeth: bycause matrimony is a certayne kynde of seruitude, which the childe is not compelled to take vpon him agaynst his will. And in that it is written of Abraham, that he sought his sonne a wife out of hys kinred, he aunswered that that happened, bycause he knewe that that lande was promised vnto hys posterity, and that God had decreed to take it awaye from the Chananites. Wherfore he would not haue hys sonne contract matrimony with them.
These fellows in deed speak many things, but they bring not so much as one word out of the holy scriptures: they still contend that children ought to have most full liberty left them, as touching marriages. But that is a mere invention of theirs, which by no means hath his foundation upon the word of God.
These fellowes in deede speake many things, but they bryng not so much as one word out of the holy scriptures: they stil contend that children ought to haue most ful liberty left them, as touchyng mariages. But that is a mere inuention of theirs, whiche by no meanes hath his foundation vpon the worde of God.
The old fathers were of our opinion: but of them it happened, as of the Canons,1 for the more ancient they were, the more sincere they were, and the more new, the more corrupt. Tertullian in his .2. book to his wife, as touching the marriages of Christians with Ethnics, writeth very well, neither alloweth he marriages between persons of a contrary religion. God saith he, delivereth thee to a spouse. And he addeth: No not in earth can daughters right and justly marry with out the consent of the parents. How therefore wilt thou marry without the consent of thy heavenly father? Chrysostom upon Genesis and upon Matthew, 2when he entreateth of marriages, remitteth the matter unto the examples of the fathers in the old Testament: neither is it of great necessity to rehearse his words, when as the same father upon the first Epistle to Timo. in his .9. Homely, entreateth very manifestly of that matter: there he exhorteth parents, because of the slippery age of their children, to join them in matrimony, but he exhorteth not the children that they should choose unto themselves husbands or wives, but by Apostrophes he converteth his oration unto the parents, that they should provide for them as touching matrimony: & he addeth a very notable sentence: If (saith he) they begin to play the whoremongers before they be married, they will never be faithful in matrimony. I will note also by the way, what he writeth in the place of wedding crowns or garlands. For even at that time they used crowns or garlands in weddings. What (saith he) signifieth the crown or garland? Forsooth that the husband and the wife should declare, that even to that time they had ben vanquishers of lusts: if thou hast ben an adulterer or whoremonger, how wearest thou a crown or garland? Augustine in his .133. Epistle,3 being desired to make the marriage between a manchild & a womanchild, I would do it (saith he,) but the mother of the child is not present, and thou knowest that to contract the marriage, her good will is necessary. In this place Augustine writeth more severely then the civill laws. For they will not have the child to be in the power of his mother. Of Ambrose I will speak nothing now: I have sufficiently spoken of him before.
The old fathers were of our opinion: but of them it happened, as of the Canōs,
Wherefore seeing the law of God and the law of nature, the civill law and economical law, the fathers and sincere Canons do affirm, that the consent of the parents is necessary, and the examples of the faints declare ⟨image 223⟩the same, what should let but that we should be of the same mind? Neither ought this to seem grievous unto children: for it was for their commodity so appointed by God and by laws. For young persons in such things, and specially women, provide very ill oftentimes for themselves.1 Wherefore it is written in ye Code de sponsalibus in the law si pater: When a father hath betrothed his daughter, if he afterward dye, the governor or tutor cannot undo the covenant of the father, and a reason is added: because tutors sometimes are won with money, and women thorough weakness fall to their own discommodity. The example also of Christ ought to move us, which was given of his father a husband unto the Church, and he alway said that he did not his own will, but the will of his father, of whom he was sent. Farther, how great a disorder ariseth in the public wealth of this depravation and abuse? how great a window is opened unto filthy lusts? He that can first have carnal fellowship with the maiden in some places, hopeth to obtain her to wife, yea even against her parents good will.
Wherfore seyng the lawe of God and the law of nature, the ciuill lawe and eoconomical lawe, the fathers and sincere Canons do affirme, yt the consent of the parentes is necessary, and the examples of the faintes declare ⟨image 223⟩the same, what should let but that we should be of ye same mind? Neither ought this to seeme griuous vnto children: for it was for theyr commodity so appointed by God and by lawes. For young persons in such thinges, and specially wemē, prouide very yll oftentymes for themselues.1 Wherefore it is written in ye Code de sponsalibus in the law si pater: When a father hath betrouthed his daughter, if he afterward dye, ye gouerner or tutor cānot vndoo the couenant of the father, and a reason is added: bycause tutors sometymes are wonne with money, and women thorough weakenes fall to their owne discommodity. The example also of Christ ought to moue vs, whiche was geuen of his father a husbande vnto the Churche, and he alwaye sayd that he did not his own will, but the will of his father, of whō he was sent. Farther, how great a discorder ariseth in ye publique wealth of this deprauation and abuse? how great a window is opened vnto fylthy lustes? He that can first haue carnall fellowship with ye mayden in some places, hopeth to obteyne her to wife, yea euen against her parentes good wil.
1But now must we answer the reasons which the contrary party allege for themselves. First, as we before said, they cry that in contracting of matrimony, there ought to be full liberty. But I pray you what liberty? Of the flesh, or of the spirit? Undoubtedly that liberty of the spirit is the greatest, when we obey the commandments of god,2 who if he would have us obedient unto our parents in other things, why not also in contracting of matrimony? Wherefore they break the law of God, which obey not the parents also in this thing. Farther, if they will have the liberty of contracting of matrimony to be so great, why do they themselves prohibit so many degrees of marriages, which God never prohibited? Once the Popes would not suffer matrimony to be contracted, even unto the seventh degree, but now they contain within the fourth: moreover why do they forbid marriages unto the ministers of the Church? Farther, why did God himself forbid matrimonies between persons of contrary religion, if in marriage there ought to be so great a liberty as they feign to be? But they add: Children for fear of their parents will say that that matrimony pleaseth them, which pleaseth them not. But the son is not compelled so to say: nothing letteth but that he may answer, that that wife pleaseth him not, and that such a matrimony he can not abide. And in deed without his consent matrimony can be by no means contracted. In the digestes de ritu nuptiarū, in the law non cogitur, we read that the son can not be compelled to marry a wife, & de sponsalibus, in the law sed ea, if the daughter hold her peace, she seemeth to consent unto the father: & there are two causes ascribed wherefore the daughter may resist her father, if either the father offer her a wicked husband, or a disfigured husband. Otherwise, if there be none of these causes, it is required of her to love him whom the father hath chosen. If she will not assent, when the husband hath neither wicked manners, nor is misshapen,3 she incurreth the crime of ingratitude: which is so great that the father may disinherit her for it. And in ye title de ritu nuptiarum, in the law si cogent patre. Although the son have assented for fear of the father, yet because he had rather assent then offend his father, such a matrimony ought to be firm and ratified.
I would add unto the former cause the third, if the father offer a husband which is of a contrary religion: and I would ever counsel the parents to gratify their children,1 unless they see them to obstinate and unjust. But when the parents deal to tyrannically with their children, & compel them to marry wives whom they can not abide, the matter ought to be brought before the Magistrate, whose office is to hear the cause, and to deliver the son from injury, if he be to cruelly oppressed. Then if the son marry a wife by the authority of the Magistrate, yea against the will of the father, he can not seem utterly to have married without his fathers consent.2 For the Magistrate is the father of the country. The same thing seemeth to be decreed de ritu nuptiarū, in the law qui liberos. And methinketh the schoolmen have not well said, that the children of the household ⟨p. 217⟩have dominion over their own body. For as much as they owe unto their parents that they are. They ought not to be compelled to marriages against their will, but that they should marry without the consent of the parents, it can not be granted them. And when they so often obtrude unto us liberty,3 & allege the dominion of their body, we lay against it the answer of god as touching the daughters of Zalphead, who saith of them: Let them have heritage among their brethren, but let them marry in their own tribe. These women are compelled to marry their nighest of kin, neither had they that liberty which these men feign. And the brother was sometimes compelled to marry the wife of his brother being dead, neither could she marry an other: therefore so great liberty is not necessary in marriages, as these men pretend. And by the civill law,4 so great is the power of the father over the son, that he may sell him if he fall into grievous necessity. And least that should seem barbarous unto any man, the same thing is permitted by the law of God in Exodus the .21. chap, but yet adding certain cautions, which I think not good here to repeat. Wherefore they did not rightly argue, when they said, that matrimony is a kind of servitude, which the son ought not to take upon him at the appointment of his father.
And in that they say, that the consent of the parents is required for the honesty §3of matrimony, and not for necessity, it is frivolous and vain. For what greater necessity can there be, then that which the law and commandments of God bring with them? Children are commanded to honour father and mother. Also Paul the Apostle prescribeth them to obey their parents in all things. And the same thing writeth he unto the Philippians the .4. chapter. That which remaineth brethren: What soever things are true, whatsoever are honest, whatsoever just, whatsoever pure, whatsoever profitable, whatsoever lucky, these things do ye. &c. By these words appeareth that the things which are honest, must not be separated from the commandments of God. Wherefore look how necessary it is to obey the commandments of God, so necessary is it not to marry without the consent of the parents. And that which they add that the consent of the parents is in deed §4required, but yet if they will not consent, the matrimony may be firm: That is nothing else then to deride the parents. For what contumely is it, for the son in such sort to desire the consent of his parents, that though he be against it and gainsay it, yet notwithstanding will he abide in his purpose, and execute it? It were much better not to desire it, then to desire it with that mind. This also seemeth wonderful unto me, that the master so perverteth the words of Evaristus: that when Evaristus sayeth that matrimonies contracted without the consent of the parents are whoredoms, and fornications, and not matrimony, he dare expound that the matter is not so in deed, but because they so assemble rogether, as whoremongers and adulterers use to do. But the sentence of Evaristus is manifest. They are not (sayeth he) matrimonies, and he addeth what in deed they are, namely fornications, adulteries, and whoredoms. And he sayeth not that they seem to be these things, but that they are.
And in that they saye, that the consent of the parentes is required for the honesty §3of matrimony, and not for necessity, it is friuolous and vayne. For what greater necessity can there bee, then that whiche the lawe and commaundementes of God bryng with them? Children are commaunded to honour father and mother. Also Paul the Apostle prescribeth them to obey their parentes in all thinges. And the same thyng writeth he vnto the Phillipians the .4. chapter. That whiche remayneth brethren: What soeuer thynges are true, whatsoeuer are honest, whatsoeuer iuste, whatsoeuer pure, whatsoeuer profitable, whatsoeuer lucky, these thinges do ye. &c. By these woordes appeareth that the thynges whiche are honest, muste not bee separated from the commaundementes of God. Wherefore looke howe necessary it is to obey the commaundementes of God, so necessary is it not to mary without the consent of the parentes. And that whiche they adde that the consent of the parentes is in deede
There are other which object unto us the book of Genesis, where it is written that Esau married Canaanitish wives, which his parents took in very ill part, for he had married them contrary to their commandment. And yet the Scripture calleth them wives. Wherefore it seemeth that matrimony may be contracted even against the parents will. I grant in deed that in the holy Scriptures they are called wives. But yet for that cause, because he so counted them, & because the nations among whom he dwelled, counted them for wives. But hereby is not gathered, that the scriptures do confirm such matrimony. The same form of speaking used Paul in the first to the Corinthians the eight chapter: Even as there are many gods and many Lords. He sayeth that there are many ⟨image 224⟩gods, not ye there are so in deed (for there is but one God,) but because the most part so believed, and public persuasion thought that there was an infinite number of gods. Therefore he saith many gods, but to us that think rightly, there is but one God,1 & one Lord Jesus Christ. It is no unaccustomed or strange thing in the scriptures so to call things as men use commonly to speak: yet in an other place, when they speak properly, they call every thing by his own name. But thou wilt say, we never read that the children of Esau were not legitimate. I answer, that Esau had in deed a great posterity, but whether it were legitimate or otherwise the Scripture declareth not. Whereunto add, that with those nations among whom he dwelled they were counted legitimate. For they had not the word of God, wherein it is commanded that that should not be done: and they had wonderfully corrupted the law of nature.
There are other whiche obiecte vnto vs the booke of Genesis, where it is wrytten that Esau maried Chananitishe wyues, whiche his parentes tooke in very yll part, for he had maryed them contrary to their cōmaundement. And yet the Scripture calleth them wyues. Wherefore it seemeth that matrimony may be contracted euen agaynst the parentes will. I graunt in deede that in the holy Scriptures they are called wiues. But yet for that cause, bycause he so coūted thē, & bycause the nations amōg whom he dwelled, counted thē for wyues. But hereby is not gathered, yt the scriptures do confirme such matrimony. The same forme of speakyng vsed Paul in the firste to the Corinthians the eyght chapter: Euen as there are many gods and many Lordes. He sayeth that there are many
1Farther, Ambrose entreating of a place of Genesis wher it is writen, that the seruaunte of Abraham came into Mesopotamia, and founde a wyfe for hys ⟨p. 215⟩masters sonne, the parentes of ye mayden, when they labored to retayne hym longer, & he would not abyde, they called ye mayden, & asked her whether she would go with him. After this maner he sayth, as also it is declared, in the, 23. q. 2. chap. honorandum. They asked not her (saith he) touching ye weddyng, but onely whether she would go with him. For it pertaineth not (sayth he) to maidenly shamefastnes, to chuse vnto her selfe a husband. And the same thing affirmed he of wydowes which are yonge. Althoughe to speake the truth, I can not in this thing graunt vnto Ambrose, yt the mayden was not demaunded the question whether she would mary hym, neither do I doubt but that she was asked the question of either cause. For in the .30. q. 2. chap. vbi non est, it is had:2 That there can be no matrimony, where is not the consent of those that contract, yea in mariages of children, which are but .7. yeares of age, bycause at that age they are thought to vnderstand somewhat of matrimony, the consent of those that contract is necessary. And bycause there is mention made of spousages, this semeth good to be noted by the way, ye children so contracting, ought to be seuen yeares of age, otherwise the parents can promise nothing for thē. The same children, if afterward, being of more yeres, they shal contract an other matrimony, the same is of force, and not the spousages: whiche yet is to be vnderstand if the parentes consent to the second matrimony. Moreouer in the .31. quest. 2. chap. tua, Hormisdas answereth, that children when they contract after this maner, ought to stand to ye will of their parentes. And Extra de sponsatione impuberum. chap. tua, it is ordayned that children when they come to ripe age, ought to obey their parentes, for as much as also they gaue their faith, and consented.
I would adde vnto the former cause the third, if the father offer a husband whiche is of a contrary religion: and I would euer counsell the parentes to gratifie their children,1 vnles they see them to obstinate and vniust. But when the parentes deale to tyrānically with their children, & compell them to mary wiues whom they cā not abyde, the matter ought to be brought before the Magistrate, whose office is to heare the cause, and to delyuer the sonne from iniury, if he be to cruelly oppressed. Then if the sonne mary a wife by the authority of the Magistrate, yea agaynst the will of the father, he can not seme vtterly to haue maried without his fathers cōsent.2 For the Magistrate is the father of the coūtrey. The same thing semeth to be decreed de ritu nuptiarū, in the lawe qui liberos. And methinketh the schoolemen haue not well sayd, that the children of the householde ⟨p. 217⟩haue dominion ouer their owne body. For as much as they owe vnto their parentes that they are. They ought not to be compelled to mariages agaynst their wil, but that they should mary without the consent of the parentes, it can not be graunted thē. And when they so often obtrude vnto vs liberty,3 & alledge ye dominiō of their body, we lay against it ye answer of god as touching ye daughters of Zalphead, who sayth of them: Let them haue heritage among their brethren, but let them mary in their own tribe. These wemē are compelled to mary their nyest of kynne, neither had they that liberty whiche these men fayne. And the brother was sometymes compelled to mary the wyfe of his brother beyng dead, neither could she mary an other: therfore so great liberty is not necessary in mariages, as these men pretend. And by the ciuill lawe,4 so great is the power of the father ouer the sonne, that he may sell hym if he fall into greuous necessity. And least that should seeme barbarous vnto any man, the same thyng is permitted by the lawe of God in Exodus the .21. chap, but yet adding certayne cautions, whiche I thinke not good here to repeate. Wherefore they did not rightly argue, when they sayd, that matrimony is a kynde of seruitude, which the sonne ought not to take vpon him at the appointement of his father.
