Chapter 12

The women of Scithia, abhorryng the godly conuersa- cion of mariage, with their housbandes, lefte theim, who in tyme ware so mightie, that thei repelled theim by force: thei called mariage not Matrimonie, but bondage. For, the chro- nicles doe testifie, thei became conquerours ouer many kyn- ges, all Asia obaied them: thei did builde many a great citee, and for theire successe, thei might compare with many prin- [Sidenote: The life of the Amazo- nes.] ces. These women were called Amazones afterwarde, the order of their life was this, ones in the yere thei would en- ioye the compainie of a man: if it so were that thei had a man childe, the father to haue it, if a daughter, then thei possessed her, and foorthwith burned her right pappe: for thei were all Archers, and wonderfully excelled therein, but in the ende, [Sidenote: Thalestris.] thei came all to ruine. One of them, Thalestris their Quene in the tyme of Alexander the Greate, came to Alexander, thinkyng that he had been, some monstrous man of stature: [Fol. lvj.v] [Sidenote: The offer of a woman to Alexander.] whom, when she did beholde (for Alexander was of no migh- tie stature) did contemne hym, and offered him hand to hande [Sidenote: The answer of Alexander to the offer.] to fight with hym. But Alexander like a wise Prince, saied to his men, if I should ouercome her, that were no victorie, nor manhoode againste a woman: and being ouercome, that were greater shame, then commendacion in all my victories and conquestes, but afterwarde, there was a greate familia- ritée betwene them. The adulterer and the adulteris, neuer prospereth, for many mischiues are reserued, to that wicked and beastly loue. Sincere loue is not rooted, frendship colou- red: the sober and demure countenaunce, is moche to be com- mended in a chaste woman, whose breaste pondereth a chaste [Sidenote: The facte of the matrones of Rome.] life. The facte of the matrones of Rome, semeth straunge to be tolde, of Papirius a Senators soonne, beyng taken to the Senate house, of his father: the childe beyng indued with a singuler wit, harde many causes in the assemble, talked and consulted vpo[n], at his retourne home, his mother was inqui- sitiue of their consultacion, to heare somewhat. The childe was commaunded by his father, to vtter no secrete that he heard, wherevpon of a long tyme, he refused his mothers de- maunde: but at the laste subtelie, he satisfied his mothers re- [Sidenote: Papirius.] quest. Truth it is, my father willed me, to vtter no secret, you keping my counsaill, I will shewe you, it is concluded by the Senate house, that euery man shall haue twoo wiues, that is a straunge matter, saieth the mother: foorthwith she had communicacion with all the matrones of Roome, that could doe somewhat in this matter, thei also full willyngly assem- bled themselues, to let this purpose, to the Senate house, thei went to vtter, their swollen griues. The Senators were a- mased at their commyng, but in this matter bolde thei were, [Sidenote: The Oracio[n] of a matrone, to the Sena- tours.] to enterprise that, whiche thei wer greued at. A Dame more eloquente then all the reste, and of stomacke more hardie, be- gan in these woordes. Otherwise then right, we are iniuri- ously handled, and that in this assemble, that now we should be caste of and neclected: that whereas it is concluded in this [Fol. lvij.r] counsaile, that euery manne should haue twoo wiues, more meter it were, that one woman should haue twoo housban- des. Straunge it was in the Senators eares soche a request, whereupon a proofe made how that rumour rose, Papirius was found the aucthor, who tolde before the Senate, his mo- ther alwaies inquisitiue to knowe that, whiche he should not tell, and thereupon he faigned that, whiche he might better tell. It is to be supposed the Senators mused thereat, and the matrones of Rome went home ashamed: but their secrete co- gitacion of minde was manifest, what willingly in hart thei wished. What greater felicitee can there bee, then in a vnitée of life, the housebande to liue with his wife. The beastes in their kinde, doe condemne mannes brutishe affections here- in: there is no facte that sheweth a man or woman, more like to beastes, then whoredome.

¶ The obieccion.

But you will saie, many calamitées happeneth in mariage?

¶ The solucion.

Fortunne herein is to bee blamed, and not mariage, if a- ny misfortune happeneth to manne therein, the felicitée and [Sidenote: Eleccion in Mariage.] quiet state that any man enioieth thereby. The discrete elec- cion is therein approued, in the state it self, nothyng can bee founde worthie reprehension, if a man will impute the bit- ter stormes of life to mariage: whatseouer happeneth, our owne reason maie iudge contrary. Place before thy iyes all the affaires, and occupacions of this life, bee all tymes plea- saunte to the housebande man, many a colde storme perceth his bodie, and many a mightie tempeste, dooeth molest hym and greue hym. Sommer is not the tyme, to caste his seede in the grounde, or implowyng to occupie hymself: shall he ther- fore leaue his housebandrie, or doeth he rather neclecte it, his diligence therein is the more, and labour more industrious. From whence commeth the tempeste, the stormes and bitter seasons? From his house, from his wife, from his art and oc- cupacion, all those thynges by violence are expelled from the [Fol. lvij.v] aire. No state of life is able to giue riches, healthe, or securitée [Sidenote: Emperours.] to his state. There hath been princes and Emperours, nedie, full of infirmitées and sickenes, in daungerous state, oppres- sed with many calamitées: was their dignitie and office, the cause of their calamitées? No, God tempreth the state of eue- ry one, how, and after what sorte to possesse thesame. Some [Sidenote: Mariage.] are fulle fortunate in Mariage, if Mariage were of necessitée the cause, then all should be onely fortunate, or onely vnfor- tunate: then in mariage is not the cause, if in marige the ma- ners doe disagrée, and loue is extinguished, blame thyn own [Sidenote: The Mari- ners.] maners, thy choise, and thy eleccion. The Mariner that pas- seth the daungerous Seas, and by dreadfull tempestes, and huffyng waues is alwaies in perille, and many often tymes [Sidenote: The Mar- chauntes.] drouned. The Marchaunt lesyng his marchaundise by ship- wrack, shall thei impute the daunger and losse, to their wife at home? Or doe the Mariners leaue for all these tempestes, their arte of Nauigacion? Or the owner breake his shippe? Or the Marchaunt proue no aduentures, because of his losse, and many haue been of this sort drouned. No. But more ear- [Sidenote: Warre.] nestlie thei dooe assaie theim selues thereto. Because warre spoileth many a man of his life, doe Princes therefore, leaue to moue armour againste the enemie, but because, who so in the defence of his countrée, dieth manfullie, is worthelie ad- uaunced, and in perpetuall memorie, no daunger is refused, because euill thynges happeneth in life, is the state of good thynges to be auoided and eschued. Were it not vnsemelie, if housebande men, for no storme or tempeste, doe leaue their state, their laborious and rough co[n]dicion of life, nor the ship- man his arte of Nauigacion, because he seeth many drouned venteryng thesame, and he hymself often tymes in daunger, nor the soldiour or capitain, their perilous condicion of life, doe leaue for daunger. Should Mariage bée lesse sette by, be- cause alwaies riches and quietnes happeneth not.

¶ The obieccion.

The losse of a good wife and children, is a greate grefe to [Fol. lviij.r] any man, and a cause to blame mariage.

¶ The aunswere.

[Sidenote: The lawe of Nature.] You your self are borne to dye, thei also by death obaye likewise Nature, this is the Lawe of Nature ones to dye, whiche you séeme to blame. Then the death of thy wife and childre[n], is not the blame in Mariage. What is the cause that you dye? Natures imbecillitée and weakenes, then in theim[.] Mariage is not the cause: Nature in her firste molde hath so framed all, wherefore doe you ascribe that to mariage, that is founde faultée in Nature. Thei die that marie not, what infirmitie, daunger or peril happeneth to any in mariage, as sharpe and perilous, doe molest and torment the other. If any manne by death, leaseth a right honeste wife, clothed with all chastitée, demurenesse, sobrietée, and also with all singulari- tée of vertue adorned: he hath loste a rare treasure, a iewell of [Sidenote: A chaste wo- man.] price, not in all to bee founde. Did you loue your wife, that was so goodlie, so honeste and vertuous: there was greate cause saie you, for her vertuous sake, God hath chosen her fro[m] a mortall creature, to immortalitée, with her it can not bée better. There is no cause why you should blame mariage, for the losse of her, or of thy children, or for the losse of thee, she to blame mariage. If for thy owne sake, this sorowe bee, _Est seipsum amantis non amici_, it is then of a self loue, to thy self, not for her cause: for I muste aunswere as Lelius did to Affricanus, _Cum ea optime esseactu[m] quis neget, quid est quod no[n] assecuta est immortalitatem_. Who can deny saieth he, but that with her it can not bee better? What is it that she hath not attained. Immortalitée. She was vertuous, chaiste, so- ber, descrete, of behauiour womanlie: for her vertues belo- ued. Well, now she hath immortalitee and blesse, are you so- rie thereat, that were enuious. Did you loue her liuyng, loue her also departed, her vertuous shewed vnto vs, her immor- talitée.

¶ The obieccion.

There is a care for the wife and children, if the housband [Fol. lviij.v] dye before theim.

¶ The aunswere.

[Sidenote: A wretched executour.] If thou leaue them riches, hope not that thy riches shalbe a staie to theim, though thei bee innumerable: a wretched, a miserable executour, wasteth and destroieth oftentymes, the fruictes of thy trauaile, who reioyseth more of thy death, then of thy life. Or thy childrens father in Lawe, shall spoile and spende with a merie harte, that whiche thou haste long tera- [Sidenote: Gods pro- uidence.] uailed for. Staie thy self and thyne vpon Gods prouidence, for it hath been seen, many a riche widowe, with infinite treasure lefte, to her children also like porcions descendyng: afterwarde bothe wife and children, haue been brought to miserie and beggerlie state. Otherwise, poore children com- mitted to the prouidence of God, and vertuouslie brought vp, and the wife in like state, yet thei haue so passed their daies, that thei haue rose to a goodlie state. See that thy richesse bée not iniuriouslie gotten by falshode, by liyng, by Usurie, if it so be, then _Male parta male dilabuntnr_. That is this, gooddes euill gotte, euill spente, soche riches neuer giue déepe roote to their ofspryng. That is an euill care, by a iniurious care, to purchase thynges and gooddes wickedlie.

Also mariage taketh awaie widowhed, and doeth repare with a newe freshe mariage, the lacke and priuacion of the [Sidenote: Death. Mariage.] other. She that was by death left a widowe, mariage again hath coupled her to a newe housbande: and doeth restore that whiche death tooke awaie. That that death dissolueth and destroieth, mariage increaseth, augme[n]teth, and multiplieth. Bee it so, but mariage is a painfull life, it forceth euery one to trauaile, to vpholde and maintaine his state, I commende not the idell life, neither a life occupied to no vertuous ende. Nature moueth euery manne to loue hymself and his, so thy care and paine be to a godlie purpose. It is commendable. It is the duetie of euery man, as his power, witte, and industrie is able, to emploie thereto his cogitacion. To laboure for thy wife, whom thou loueste, and deare children, thy laboure is [Fol. lix.r] pleasure, the ioye easeth thy labour. To behold thy self in thy children, thei beyng vertuouslie broughte vp, it is a goodlie [Sidenote: The mariage of a chaste woman.] comfort, to liue with a chaste woman, sober and continente, her vertues be a continuall pleasure, a passyng ioye. In ma- riage ought to be greate deliberacion, whom thou chosest to thy continuall compainie or felowshippe, her life paste well knowen, her parentes and kindrede how honeste and vertu- ous, her maners, her fame, how commendable, her counti- [Sidenote: The choise of a wife.] naunce sober, a constaunt iye, and with shamefastnes beau- tified, a mouthe vttering fewe woordes discretlie. She is not to be liked, who[m] no vertuous qualitées in her educacio[n], beu- tifieth and adorneth, the goodlie qualitees sheweth, the well framed and nurtured mynde. These thynges maie be suffi- ciente, to shewe what excellencie is in mariage and how ne- cessarie it is, to the procreacion and preseruacio[n] of mankind.

¶ _Legislacio._

¶ A Oracion either in the defence of a Lawe, or againste a Lawe.

MAny learned menne are in this opinion, that vpon a Lawe alledged, a Oracion maie bee made in the defence of it: or matter maie be suppeditated, to in- uaigh by force of argument againste it.

Although the lawe alleged be in maner the whole cause, bicause it doeth co[n]tain al the matter included in the oracion.

In this Oracion, the persone is induced to be spoken vp- pon, vnknowne, vncertaine: wherefore it is to be placed, ra- ther in the state and forme of consultacion, and to bée exami- ned with iudgement.

The induccion of a Lawe, is in twoo sortes.

A confirmacion of any olde Lawe, or a confutacion.

As for example.

The Ciuill Lawe doeth well commende, bondmen to be manumised, that is, to be made free.

The lawe is herein to be praised, that willeth the cou[n]sail of the parentes & frendes, to be knowne before the contracte. [Fol. lix.v] Upon a Lawe alledged, worthelie matter maie rise, waigh- yng the godlie ende, whereunto the Lawe was firste inuen- ted, decreed and stablished, what profite thereof ensueth and foloweth. What it is to vertue a mainteiner, otherwise if it be not profitable? What moued any one to frame and ordain soche a Lawe, as was to a common wealthe vnprofitable, to vertue no aider, if it were a profitable Lawe and godlie, it is as Demosthenes saieth, of God inuented, though by famous [Sidenote: Lawe.] wise, and godlie menne, stablished and decréed. Good Lawes tempereth to all states equitee and iustice, without fauour or frendship, no more to the one then the other.

The order to make an Oracion by a lawe, is in this sort. First, make a prohemiu[m] or beginning to enter your matter.

In the seconde place, adde a contrary to that, whiche you will entreate vpon.

Then shewe it lawful.

Iuste.

Profitable.

Possible.

You maie as in _Thesis_, whiche was the Oracion before, vse a contradiction or obiection: and to that make an answere or solucion.

¶ A confutacion of that Lawe, whiche suffered adultrie to bee punished with death, no iudgement giuen thereupon.

[Sidenote: The moste rigorous and moste cruell lawe of Solo[n][.]] SOlon, who was a famous Philosopher, in the time of Cresus king of Lidia, and a lawe giuer to the Athenians: by whose Lawes and godlie meanes, the Athenians were long and prospe- rouslie gouerned. Emong many of his lawes, this Solon set forthe againste adulterers. _Fas esse deprehen- denti mæchum in ipso adulterio interficere_: it shalbee lawfull saieth he, who so taketh an adulterer in his beastlie facte, to kill hym. Solon beyng a wise man, was more rigorous and cruell, in this one Lawe, then he ought to be. A meruailous [Fol. lx.r] matter, and almoste vncredible, so wise, so noble and worthy a Lawe giuer, to bruste out with soche a cruell and bloodie lawe, that without iudgement or sentence giuen, the matter neither proued nor examined, adulterie to be death. Where- fore, reason forceth euery manne, to Iudge and ponder with [Sidenote: Adulterie a horrible vice.] hymself, that either adulterie is a moste horrible vice, moste beastlie & pestiferous, and not mete to tary vpon the censure, and sentence of a Iudge: or Solon was not so wise, discrete, and a politike persone, but a rashe and fonde lawe giuer, that in soche a terrible voice, he should burste out, as adulterie so horrible, as not worthie to be pondered, examined and boul- ted of in Iudgemente. The Athenians receiued that Lawe, thei did also obaie his other lawes. Their dominions there- by in felicitée was gouerned: there was no populous nom- ber of adulterers, to let that Lawe, thei liued moste godlie, a straunge worlde, a rare moderacion of that age and people. [Sidenote: Plato aga- inste adultrie made a lawe.] Plato the godlie Philosopher, who lefte in his woorkes, and monumentes of learnyng, greate wisedome and also godlie Lawes in his bookes: intiteled vpon Lawes, and gouerne- ment of a common wealth, did not passe by in silence, to giue and ordain a Lawe against adulterie. Who also as it semed Iudged adulterie as moste horrible and detestable, in his .ix. booke _de Legibus_. This is the Lawe. _Adulteram deprehen- sam impune occidi a viro posse._ The adultrous woman saith he, taken in the crime, her housbande maie without daunger of death, or feare of punishement slea her. A straunge matter twoo so noble, so famous for wisedome, to make adulterie present death, no Iudgement or sentence of Magistrate, pro- cedyng to examine and iudge, vpon the state of the cause. A man maie saie, O goodlie age, and tyme in vertue tempered, eche state as seemeth brideled and kepte vnder, and farre fro[m] voluptuousnes remoued. There was no stewes or Baudes houses, where soche Lawes and Lawmakers were. Sobrie- tée was in maides, and chastitée harboured in matrones and wedded wiues, a harte inuiolable to honeste conuersacion. [Fol. lx.v] Where adulterie is cutte of, there many detestable vices, [Sidenote: Catos sen- tence vpon adulterie.] and execrable purposes are remoued. Cato the sage Peere of Rome, indued with like seueritée, did fauour that lawe and highlie extolled it. Although adulterie bee a detestable vice horrible, yea, although it be worthie death, better it were by iudgemente, and the sentence of the Magistrate, the faute to [Sidenote: Lawe.] bee determined: then at the will of euery manne, as a Lawe by death to bee ended, the common wealthe shalbee in more quiet state, when the horrible factes of wicked menne, by the [Sidenote: The Iudge, a liuely lawe.] Lawe made worthie of deathe: are neuerthelesse by a liuelie Lawe, whiche is the Iudge, pronounced and condemned, ac- cordyng to the Lawe. Els many mischiues might rise in all kyngdomes and common wealthes, vnder a colour of lawe, many a honeste persone murthered: and many a murtherer, by cloke of a Lawe, from daunger saued. In Rome somtime a Lawe there was ordained againste adulterie, whiche was called _Lex Iulia_, this Lawe Octauius Augustus set foorthe. The Lawe was thus, _Gladio iussit animaduerti in adulteros_[.] The lawe commaunded adulterers to be hedded. The chro- nicles of aunciente tymes herein doe shew, and the decrées of auncient elders also, how horrible a thing adulterie is, when thei punishe it with death. Who knoweth not emo[n]g the Is- raelites, and in the olde lawe thei wer stoned to death. Well as Magistrates are in common wealthes remoued, or as ti- mes chaunge, lawes also are chaunged and dissolued: and as the Prouerbe is, _Lex vt Regio_, the Lawes are accordyng to the Region. Afterwarde Ualerius Publicola, a man ascen- dyng to high nobilitée of honour, and fame emong, the Ro- maines gaue this Lawe. _Qua neminem licebat indicta causa necare._ By this lawe it was not lefull, any manne to be put [Sidenote: A godly law.] to death, their cause not examined in Iudgemente, this was a goodlie Lawe. Then afterwarde, Lawe giuers rose in the common wealth, that with more facilitee tolerated that vice, then wickednesse flowed, adulterie not punished by death. And sence that, the Romaine Empire, wrapped and snared [Fol. lxj.r] with soche mischiues hath decaied, in fame, nobilitée and ver- tue. Many a parte of their dominion plagued, deuoured, and [Sidenote: The good manne.] destroied. The good and godlie menne, nede not to feare any Lawe godlie, their life beyng in vertue and godlines nurtu- red. The terrible sentence of a lawe, forceth the good and god- lie, to perseuere and continue in godlines. The terrible sen- [Sidenote: Lawe.] tence of a Lawe, cutteth of the wicked enterprises of pestife- rous menne. Uice where lawe is not to correcte, will inure it [Sidenote: Uice as a lawe by cu- stome.] self by custome as a Lawe, or borne and tolerated againste a [Sidenote: Adulterie.] Lawe. Therefore as adulterie without Iudgemente, to bee punished worthie of death is vngodlie: so it ought not to bee passed ouer, or tolerated in any Region or common wealth, as no lawe seuerely to punishe thesame.

¶ The contrarie.

AL other lawes doe differ, from that rigorous lawe of Solon and Plato herein, yea, and though thei be vices horrible, yet thei ar not determined, with out the sente[n]ce of the Magistrate and Iudge. But this cruell Lawe of Solon, doeth repugne all lawes, stabli- [Sidenote: The lawe v- niuersall and equall to all menne.] shed in all Citees and common wealthes. And sithe the lawe is of hymself vniuersall, with equitée, giuing and tempering to all states. Fonde muste that Lawe bee of Solon, whiche rashely, without consideracion of iudgement doeth procede, no man ought in his own cause, to be his own iudge or Ma- gistrate. This is argument sufficient to confounde the lawe of Solon. All Lawes are repugnaunte to that, because with Iudgement thei procede against vices moste pestiferous. In [Sidenote: Thefte.] common wealthes Theft is by lawe, pronounced worthie of death, whereupon also the Magistrate and Iudge, determi- neth the matter, and heareth of bothe the action of the case, before he condempneth, so in all other mischiues.

But you maie saie, many mischiues riseth of adulterie.

Although it so be, the Iudge determineth vpon Murder, whiche is in like sort horrible, soche also as dooe séeke to caste into perill their countrée, and by treason to destroie thesame, [Fol. lxj.v] Iudgemente proceadeth by determinacion of the Lawe and Iudge. And so in all other wicked factes, and mischiuous en- terprises, the Iudgement in euery cause procedeth, as Lawe [Sidenote: The Iudge a liuely lawe.] and right willeth, from the mouthe of the Iudge, he beyng a liuelie Lawe, to the Lawe written. The cruell Lawe of So- lon, is like to the phantasie and wille of a tyraunte, who, as phantasie and will leadeth, murdereth at his pleasure, whose will is alwaies a sufficient Lawe to hymself, as who should [Sidenote: The will of a tyraunte his owne lawe.] saie, so I wille, so I commaunde, my wille shall stande for a Lawe: but godlie lawes doe iustlie, accordyng to reason and vertue, tempereth the cause of euery man. No godlie Lawe, maketh the accuser his owne Iudge.

¶ Lawfull.

[Sidenote: Lawes were made for two causes.] WHo so by Lawe is iudged, and the offence proued, there is no excuse in the malefactour, nor suspicion seing that, accordyng to lawe, the fact is punished, and as Demosthenes saieth, twoo thynges moued the wise Elders to make Lawes, that the wicked should bee hindered, and cutte of from their purpose, and that good men seyng by a lawe, the actes of pestiferous men kepte vnder, by the terrour of them, are afraied to commit the like facte. This was euen accordyng to lawe. The terrible sentence of a law executed, vpon moste wicked persones, doe kepe vnder many a mischiuous enterprise, whiche through the dolefull and la- mentable ende of the wicked, doe driue and force all other to all godlines.

¶ Iuste.