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BOOK of Jacob with his two wives, Rachel and Leah. And there,
fore some think the Jews continue such mariage among them, as lawful, until this day.
Al these things hitherto make on your side; and the same would not greatly mislike me, saving that I find the judgments of the best learned men now living, and the continual practise of al ages, and in maner very public honesty, to the contrary. There be otherwise women enough to have choise of, so that no man can justly say, that necessity drove him to mary her, whom in our maner of speech he first called sister.
The practise of former times appeareth by the Canons ; wheras it is decreed, that only carnalis copula cum puella septem annorum dirimit matrimonium cum ejus puella sorore postea secutum. But I know you make smal stay upon the Canons, and sooner rest your self upon these words in the text, illa adhuc vivente. And therefore thus you ground your reason: a man may not mary his wives sister, while she is onlyve; Ergo, he may mary her after she is dead. This reason, a negativis, is very weak, and makes no
more proof in logic, than this doth, Corvus non est reversus 33 ad arcam donec exsiccatæ erant aquæ ; Ergo, he returned
again after the waters were dried up. Or, Joseph non cognovit eam, donec peperisset filium suum primogenitum. Ergo, Joseph knew her after she was delivered of her first; begotten child: or such other like.
Yet will you say, although this maner of reason be weak, and the words make little for you, yet this far the reason is good enough: for these words make not against you., Which thing notwithstanding I might grant, yet wil not this reason follow of the other side. There are no express words in the Levitical law, whereby. I am forbidden to, mary my wives sister : Ergo, by the Levitical law such mariage is to be accounted lawful. For notwithstanding the statute in that case makes relation unto the xviiith chap. of Levit. as unto a place, whereunto the degrees of consanguinity and affinity are touched most at large; yet you must remember, that certain degrees are there left out un
touched: within which nevertheless it was never thought law- BOOK ful for men to mary. For example, there is nothing pro- _ vided there by express words, but that a man may mary his own grandmother, or his grandfather's second wife, or the wife of his unkle by his mother's side. No, nor is there any expres prohibition in al this chapter, but that a man may mary his own daughter. Yet wil no man say, that any of these degrees may join together in lawful mariage.
Wherefore we must needs think, that God in that chapter hath especially and namely forbidden certain degrees ; not as leaving al mariage lawful which he had not there expresly forbidden, but that therby, as by infallible precedents we might be able to rule the rest. As when God saith, No man shal mary his mother, we understand, that under the name of mother is contained both the grandmother and the grandfather's wife, and that such mariage is forbidden. And when God commands, that no man shal mary the wife of his unkle by his father's side, we doubt not but in the same is included the wife of the unkle by the mother's side. Thus you see God himself would have us to expound one degree by another.
So likewise in this case, albeit I be not forbidden by plain words to mary my wives sister, yet am I forbidden so to do by other words, which by exposition are plain enough. For when God commands me, I shal not mary my brother's wife, it follows directly by the same, that he forbids me to mary my wife's sister. For between one man and two sisters, and one woman and two brothers, is like analogy or proportion, which is my judgment in this case. And other such like ought to be taken for a rulę. And therefore the Rabbins of the Jews have expresly forbidden divers degrees by this rule, which God by plain words forbad not.
And this is one part of the tyranny of the Bishop of Rome, that he wil take upon him to rule God's commands at his pleasure; and by dispensation to make that lawful in one man for the time, which God hath plainly forbidden as unlawful in al men for ever. He hath dispensed with a man to mary his own brother's wife, as you know. He hath
BOOK dispensed with the brother to mary his own natural sister*,
to_as ye find in Summa Angelica, in these words Papa. And * Vide Pres- what mervail ? He would be omnipotent, and saith, he may writ by dispense, contra jus Divinum, as you may see 16. q. 1. QuiArchbishop cunque in Glosa.
But thus, by the way, you have my mind touching your demand, and I doubt not but, al things wel considered, the same mind wil be your mind.
- Si quid novisti rectius istis, Candidus imperti ; si non, his utere mecum. Thus fare you heartily wel. From Sarum, calend. Nov. 1561.
the Archbishop's Chaplain.
this word function meant, I being pauperes spiritus to a quick apposing, it may please you to understand, that I take it for my utilitie. And wheras the Prophet David saith, Impulsus eversus sum, ut caderem ; I may say, for lack of good memory and a pregnant wit, I was overseen in making mine answer. And the Prophet saith furthermore, Et Dominus suscepit me. And I wil pray quotidie, that the Lord may encrease me in my function and great charge. For I am Curate over three thousand and more of Gods sheep. And therefore my function is not to sleep and be sluggish, but to wait on my office, to discharge as I am charged, in teaching and governing; and to exercise my self to do my duty, if I were worthy before the Lord. For he saith, Gratuitò recepistis, gratuitò date. So I must blow the trumpet against ungodly, or els the Lord wil require the bloud of the people at my hand, because the office and function is mine.
Therefore my suite to my Lords grace and to you, is to BOOK have a les thing towards my living. Scriptus te viginti quinque die mencis Junus. Anno 1569.
Per me Walterus Tempest,
Curatus in Ecclesie Sti. Egidii extra
Number XXI. The Queen's letter to the Archbishop, authorizing his prayers, and orders for fasting, during the plague.
By the Quene. ELIZABETH R. MOST reverend Father in God, right trusty, and right MSS. C. C.
O C. C. vol. welbeloved, we grete you wel. Like as Almighty God hath Epis of his mere grace committed to us, next under him, the chief Princ. et
MSS. Jo.D. government of this realm, and the people therin, so hath he Episc. Eliof his like goodnes ordered under us sundry principal Minis- en. ters to guide and * assist us in this burthen. And therfore * In the considering the state of this present time, wherin it hath print it is pleased the most Highest, for th'amendment of us and our people, to visit certain places of our realm with more contagious sickness than lately, hath been, for remedy and mitigation therof we think it both necessary, and our bounden duty, that universal prayer and fasting be more effectually used in this our realm. And understanding, that you have thought and considered upon some good orders to be prescribed therin, for the which ye require the application of our authority for the better observation therof amongst our people; we do not only commend and allow your good zeal therin, but do also command al maner our Ministers, ecclesiastical or civil, and al other our subjects, to execute, follow, and obey such godly and wholesome orders as you, being Primate of al England, and Metropolitan of this province of Canterbury, upon godly advise and consideration shal uni
BOOK formely devise, prescribe, and publish, for the universal
_usage of prayer, fasting, and other good deeds, during the 35 time of this visitation by sickness and other troubles. Geven
under our signet at our manour of Richmond, the first day
trusty and right welbeloved, the Archbishop
Number XXII. A short Form of Thanksgiving to God, for ceasing the contagious sickness of the plague ; to be used in common prayer on Sundays, Wednesdays, and Fridays, instead of the common prayers used in the time of mortality. Commanded by the Lord Bishop of Ely to be used in his cathe
dral church at Ely, and the rest of his diocese. MSS. G. AFTER the end of the Collect in the Litany, which bePetyt. Ar
ginneth with these words, “We humbly beseech thee, O “ Father," &c. shal follow this Psalm, to be said of the Minister, with the answer of the people:
Lord, thou art become gracious unto thy land: thou hast turned away the afflictions of thy servants.
Thou hast taken away al thy displesure, and turned thy · self from thy wrathful indignation.
For if thou, Lord, hadst not helped us, it had not failed, but our souls had been put to silence.
But when we said, Our feet have slipped, thy mercy, O Lord, helped us up, &c. And so on in many other pro per versicles.
Then followed the Collect, viz.
6 O heavenly and most merciful Father, what mind or “ what tongue can conceive or give thee worthy thanks for “ thy most great and infinite benefits which thou hast bestow66 ed, and dost daily bestow upon us, most unworthy of this