Common Places, Part 2 · Chapter 11 · Section 6
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, In Iudges. 19, verſ. 10.after adulterie is committed. The ciuill lawes are againſt reconciliation after adulterie.For in the Code Ad legem Iuliam de adulterijs, in the lawe that beginneth Castitati nostrorum temporum, it is …ecréed; that If a man ſhall bring home againe his wife, being condemned of adulterie, he dooth incur the crime of brothelrie. Looke before art. 27. and 28.And in the title of the lawe Crimen, we read, that he which ſhall reteine in matrimonie his wife being an adultereſſe, he may not accuſe hir of adulterie. Notwithſtanding, it was afterward, by a new lawe otherwiſe prouided. Neither was it a light matter for one to be condemned of brothelrie: but it was euen as heinous, as if a man ſhould be condemned of adulterie. Yea, and if ſo be that a man reteine with him a woman condemned of adulterie, he himſelfe without an accuſer maie be condemned of adulterie. And if a man ſhall bring hir home againe, whom he hath put away, he cannot accuſe hir of the adulterie, which ſhe had before committed. But of an other adulterie he may; ſith in bringing of hir home againe, it ſéemeth that he allowed of hir conditions. And if anie woman be condemned of adulterie, none may take hir to his wife. Wherefore the ciuill lawes doo vtterlie miſlike of reconciliation after adulterie committed; ſo that it be conuicted and condemned. For if there ſhould be but onelie a ſuſpicion thereof, it may be lawfull for the huſband to reteine hir with him, and to accuſe hir being ſuſpected. And if he ſhall afterward perceiue that he was led with vaine ſuſpicion to accuſe hir, he may deſiſt from his purpoſe: ſo that he firſt obteine a diſcharge from the iudge.
Ierom, vponupon the 19. chapter of Matthew, may ſéeme to hold with the ciuill lawes: for he writeth, that ſhe, which hath diuided one fleſh to an other man, or other men, muſt not be reteined; leaſt the huſband become vnderunder the curſſe. For as it is written in the 28. chap. of the Prouerbs; He that keepeth an adultereſſe with him, verſe. 23.is vngodlie and fooliſh. So indéed the 70. interpretors 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 matrimonie; 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 hauehave the companie of an adulterous wife let him repent. The ſame father, vponupon the 26. chapter of Matthew: Euen as he is vniuſt, which accuſeth an innocent; ſo he is a foole, which reteineth an adultereſſe. And the verie ſame ſaieng we hauehave 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, although hir latter huſband be dead; ſhe may not returne to the firſt, for ſhe is now become vncleane vntounto him; as we hauehave it in the 24. chapter of Deuteronomie.verſe. 4.
Reaſons which make for reconciliation.40 But now paſſe we ouer theſe things, and let vsus ſée the reaſons, which make for reconciliation. 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 vntounto 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. Ierem. 3, 1.Yet neuertheleſſe, Ieremie, in the name of God called hir home, that ſhe might returne againe to hir huſband. And euen ſo did the prophet Oſe, and that with manie ſpéeches. Oſe. 2, 19.And if God be readie to receiue his adulterous wife, man ought alſo to be reconciled vntounto 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 extant an example of Dauid, 2. Sam. 3, 14which brought home againe his wife Michol; although ſhe had béene beſtowed by the father to an other man. Iuſtinian.Iuſtinian alſo in his Authentiks, when he commandeth an adultereſſe to be beaten, and cloſed vp in a monaſterie; yet dooth he giuegive leaue vntounto the huſband to take hir vntounto him againe, if he will, within the ſpace of two yeares; and ſo dooth moſt manifeſtlie allow of reconciliation.
Auguſtine, in his ſecond booke vntounto Pollentius, Auguſtine.laboureth verie much in this, to hauehave 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 repentance hath purged, and whom God hath made cleane? She ought not to ſéeme polluted vntounto thée. And if that ſhe be alreadie reconciled by the keies of the church, and admitted into the kingdome of heauen; by what right maiſt thou repell 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 among men: and merciemercy ought to be ſhewed to hir, if ſhe be riſen againe. For the ſame would we hauehave doone vntounto vsus. And extreame lawe is extreame iniurie. In the Decretals De adulterijs & 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 neceſſitie; bicauſe the man cannot be compelled whether 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 vntounto the Philippians; Doo whatſouer things be honeſt & iuſt? Phil. 4, 8.And ſo the neceſſitie of the cōmandement taketh place therein. Howbeit, the Gloſſe ment there, of the outward lawe of pleading; whereby no man may be conſtreined to take an adultereſſe againe. But in the Canon now cited, is added; Not often: for if ſhe fall often into adulterie, ſhe ſhould not be receiued. The Gloſſe there obiecteth Chriſt againſt himſelfe, who being demanded, How oft a man ſhould forgiue his brother, when he ſinneth againſt him, anſwereth; Not ſeuen times onelie, Matt. 18, 22.but ſeuentie times ſeuen times. VntoUnto this he ſaith, that the words of the canon muſt be vnderſtood; that when the adultereſſe dooth ſo often ſtraie, the church ſhall make no interceſſion for reconciliation; partlie, bicauſe there would be a windowe opened vntounto wickedneſſe; and partlie, for that it is thought to be but a feined and counterfet kind of repentance. Alſo there is added another anſwer; 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 repentance, to the intent there might be a reconciliation. Wherefore, the adultereſſe either ſheweth tokens of repentance, or elſe ſheweth none: if ſhe ſhew anie, the church ought to make interceſſion for hir, that there may be a reconciliation; but if ſhe ſhew none, interceſſion of the church ſhall not be vſed: otherwiſe it might be thought to be a ſupporter of ſinnes.
An anſwer to the reaſons on the contrarie part.41 Now muſt we make anſwer vntounto the arguments, which ſéemed to be a let vntounto reconciliation. 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 perceiued by the Councell of Arles. For ſo it is there: The Councell of Arles.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, Deut. 24, 4.that a wife, being once put awaie, ſhould returne to hir firſt huſband after the death of the ſecond, the cauſe may eaſilie be ſhewed. For if he had permitted this, diuorſements would ſoone hauehave béen admitted; in hope that the wife ſhould at one time or other recouer hir huſband againe. God would, that ſhe, which was once put awaie, might not returne anie more; leaſt ſhe ſhould be put awaie vponupon ſmall occaſion. There might alſo hauehave béene lieng in wait for the latter huſband; that the wife, when the latter were taken awaie, might returne againe to the firſt. Wherefore the lawe of God was moſt equall, which perteineth not vntounto adultereſſes, whom by the commandement of God, it behooued to ſtone vntounto 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.