Chapter VII.—From Patriarchal, Tertullian Comes to Legal, Precedents.
After the ancient examples of the patriarchs, let us equally pass on to the ancient documents of the legal Scriptures, that we may treat in order of all our canon. And since there are some who sometimes assert that they have nothing to do with the law (which Christ has not dissolved, but fulfilled),1 sometimes catch at such parts of the law as they choose; plainly do we too assert that the law has deceased in this sense, that its burdens—according to the sentence of the apostles—which not even the fathers were able to sustain,2 have wholly ceased: such (parts), however, as relate to righteousness not only permanently remain reserved, but even amplified; in order, to be sure, that our righteousness may be able to redound above the righteousness of the scribes and of the Pharisees.3 If "righteousness" must, of course chastity must too. If, then, forasmuch as there is in the law a precept that a man is to take in marriage the wife of his brother if he have died without children,4 for the purpose of raising up seed to his brother; and this may happen repeatedly to the same person, according to that crafty question of the Sadducees;5 men for that reason think that frequency of marriage is permitted in other cases as well: it will be their duty to understand first the reason of the precept itself; and thus they will come to know that that reason, now ceasing, is among those parts of the law which have been cancelled. Necessary it was that there should be a succession to the marriage of a brother if he died childless: first, because that ancient benediction, "Grow and multiply,"6 had still to run its course; secondly, because the sins of the fathers used to be exacted even from the sons;7 thirdly, because eunuchs and barren persons used to be regarded as ignominious. And thus, for fear that such as had died childless, not from natural inability, but from being prematurely overtaken by death, should be judged equally accursed (with the other class); for this reason a vicarious and (so to say) posthumous offspring used to be supplied them. But (now), when the "extremity of the times" has cancelled (the command) "Grow and multiply," since the apostles (another command), "It remaineth, that both they who have wives so be as if they have not," because "the time is compressed;"8 and "the sour grape" chewed by "the fathers" has ceased "to set the sons' teeth on edge,"9 for, "each one shall die in his own sin;" and "eunuchs" not only have lost ignominy, but have even deserved grace, being invited into "the kingdoms of the heavens:"10 the law of succeeding to the wife of a brother being buried, its contrary has obtained—that of not succeeding to the wife of a brother. And thus, as we have said before, what has ceased to be valid, on the cessation of its reason, cannot furnish a ground of argument to another. Therefore a wife, when her husband is dead, will not marry; for if she marry, she will of course be marrying (his) brother: for "all we are brethren."11 Again, the woman, if intending to marry, has to marry "in the Lord;"12 that is, not to an heathen, but to a brother, inasmuch as even the ancient law forbids13 marriage with members of another tribe. Since, moreover, even in Leviticus there is a caution, "Whoever shall have taken (his) brother's wife, (it) is uncleanness—turpitude; without children shall (he) die;"14 beyond doubt, while the man is prohibited from marrying a second time, the woman is prohibited too, having no one to marry except a brother. In what way, then, an agreement shall be established between the apostle and the Law (which he is not impugning in its entirety), shall be shown when we shall have come to his own epistle. Meantime, so far as pertains to the law, the lines of argument drawn from it are more suitable for us (than for our opponents). In short, the same (law) prohibits priests from marrying a second time. The daughter also of a priest it bids, if widowed or repudiated, if she have had no seed, to return into her father's home and be nourished from his bread.15 The reason why (it is said), "If she have had no seed," is not that if she have she may marry again—for how much more will she abstain from marrying if she have sons?—but that, if she have, she may be "nourished" by her son rather than by her father; in order that the son, too, may carry out the precept of God, "Honour father and mother."16 Us, moreover, Jesus, the Father's Highest and Great Priest,17 clothing us from His own store18 —inasmuch as they "who are baptized in Christ19 have put on Christ"—has made "priests to God His Father,"20 according to John. For the reason why He recalls that young man who was hastening to his father's obsequies,21 is that He may show that we are called priests by Him; (priests) whom the Law used to forbid to be present at the sepulture of parents:22 "Over every dead soul," it says, "the priest shall not enter, and over his own father and over his own mother he shall not be contaminated." "Does it follow that we too are bound to observe this prohibition?" No, of course. For our one Father, God, lives, and our mother, the Church; and neither are we dead who live to God, nor do we bury our dead, inasmuch as they too are living in Christ. At all events, priests we are called by Christ; debtors to monogamy, in accordance with the pristine Law of God, which prophesied at that time of us in its own priests.
Chapter VIII.—From the Law Tertullian Comes to the Gospel. He Begins with Examples Before Proceeding to Dogmas.
Turning now to the law, which is properly ours—that is, to the Gospel—by what kind of examples are we met, until we come to definite dogmas? Behold, there immediately present themselves to us, on the threshold as it were, the two priestesses of Christian sanctity, Monogamy and Continence: one modest, in Zechariah the priest; one absolute, in John the forerunner: one appeasing God; one preaching Christ: one proclaiming a perfect priest; one exhibiting "more than a prophet,"23 —him, namely, who has not only preached or personally pointed out, but even baptized Christ. For who was more worthily to perform the initiatory rite on the body of the Lord, than flesh similar in kind to that which conceived and gave birth to that (body)? And indeed it was a virgin, about to marry once for all after her delivery, who gave birth to Christ, in order that each title of sanctity might be fulfilled in Christ's parentage, by means of a mother who was both virgin, and wife of one husband. Again, when He is presented as an infant in the temple, who is it who receives Him into his hands? who is the first to recognise Him in spirit? A man "just and circumspect," and of course no digamist, (which is plain) even (from this consideration), lest (otherwise) Christ should presently be more worthily preached by a woman, an aged widow, and "the wife of one man;" who, living devoted to the temple, was (already) giving in her own person a sufficient token what sort of persons ought to be the adherents to the spiritual temple,—that is, the Church. Such eye-witnesses the Lord in infancy found; no different ones had He in adult age. Peter alone do I find—through (the mention of) his "mother-in-law"24,—to have been married. Monogamist I am led to presume him by consideration of the Church, which, built upon him,25 was destined to appoint every grade of her Order from monogamists. The rest, while I do not find them married, I must of necessity understand to have been either eunuchs or continent. Nor indeed, if, among the Greeks, in accordance with the carelessness of custom, women and wives are classed under a common name—however, there is a name proper to wives—shall we therefore so interpret Paul as if he demonstrates the apostles to have had wives?26 For if he were disputing about marriages, as he does in the sequel, where the apostle could better have named some particular example, it would appear right for him to say, "For have we not the power of leading about wives, like the other apostles and Cephas?" But when he subjoins those (expressions) which show his abstinence from (insisting on) the supply of maintenance, saying, "For have we not the power of eating and drinking?" he does not demonstrate that "wives" were led about by the apostles, whom even such as have not still have the power of eating and drinking; but simply "women," who used to minister to them in the same way (as they did) when accompanying the Lord.27 But further, if Christ reproves the scribes and Pharisees, sitting in the official chair of Moses, but not doing what they taught,28 what kind of (supposition) is it that He Himself withal should set upon His own official chair men who were mindful rather to enjoin—(but) not likewise to practise—sanctity of the flesh, which (sanctity) He had in all ways recommended to their teaching and practising?—first by His own example, then by all other arguments; while He tells (them) that "the kingdom of heavens" is "children's;"29 while He associates with these (children) others who, after marriage, remained (or became) virgins;"30 while He calls (them) to (copy) the simplicity of the dove, a bird not merely innocuous, but modest too, and whereof one male knows one female; while He denies the Samaritan woman's (partner to be) a husband, that He may show that manifold husbandry is adultery;31 while, in the revelation of His own glory, He prefers, from among so many saints and prophets, to have with him Moses and Elias32 —the one a monogamist, the other a voluntary celibate (for Elias was nothing else than John, who came "in the power and spirit of Elias"33); while that "man gluttonous and toping," the "frequenter of luncheons and suppers, in the company of publicans and sinners,"34 sups once for all at a single marriage,35 though, of course, many were marrying (around Him); for He willed to attend (marriages) only so often as (He willed) them to be.
Chapter IX.—From Examples Tertullian Passes to Direct Dogmatic Teachings. He Begins with the Lord's Teaching.
But grant that these argumentations may be thought to be forced and founded on conjectures, if no dogmatic teachings have stood parallel with them which the Lord uttered in treating of divorce, which, permitted formerly, He now prohibits, first because "from the beginning it was not so," like plurality of marriage; secondly, because "What God hath conjoined, man shall not separate,"36 —for fear, namely, that he contravene the Lord: for He alone shall "separate" who has "conjoined" (separate, moreover, not through the harshness of divorce, which (harshness) He censures and restrains, but through the debt of death) if, indeed, "one of two sparrows falleth not on the ground without the Father's will."37 Therefore if those whom God has conjoined man shall not separate by divorce, it is equally congruous that those whom God has separated by death man is not to conjoin by marriage; the joining of the separation will be just as contrary to God's will as would have been the separation of the conjunction.
So far as regards the non-destruction of the will of God, and the restruction of the law of "the beginning." But another reason, too, conspires; nay, not another, but (one) which imposed the law of "the beginning," and moved the will of God to prohibit divorce: the fact that (he) who shall have dismissed his wife, except on the ground of adultery, makes her commit adultery; and (he) who shall have married a (woman) dismissed by her husband, of course commits adultery.38 A divorced woman cannot even marry legitimately; and if she commit any such act without the name of marriage, does it not fall under the category of adultery, in that adultery is crime in the way of marriage? Such is God's verdict, within straiter limits than men's, that universally, whether through marriage or promiscuously, the admission of a second man (to intercourse) is pronounced adultery by Him. For let us see what marriage is in the eye of God; and thus we shall learn what adultery equally is. Marriage is (this): when God joins "two into one flesh;" or else, finding (them already) joined in the same flesh, has given His seal to the conjunction. Adultery is (this): when, the two having been—in whatsoever way—disjoined, other—nay, rather alien—flesh is mingled (with either): flesh concerning which it cannot be affirmed, "This is flesh out of my flesh, and this bone out of my bones."39 For this, once for all done and pronounced, as from the beginning, so now too, cannot apply to "other" flesh. Accordingly, it will be without cause that you will say that God wills not a divorced woman to be joined to another man "while her husband liveth," as if He do will it "when he is dead;"40 whereas if she is not bound to him when dead, no more is she when living. "Alike when divorce dissevers marriage as when death does, she will not be bound to him by whom the binding medium has been broken off." To whom, then, will she be bound? In the eye of God, it matters nought whether she marry during her life or after his death. For it is not against him that she sins, but against herself. "Any sin which a man may have committed is external to the body; but (he) who commits adultery sins against his own body." But—as we have previously laid down above—whoever shall intermingle with himself "other" flesh, over and above that pristine flesh which God either conjoined into two or else found (already) conjoined, commits adultery. And the reason why He has abolished divorce, which "was not from the beginning," is, that He may strengthen that which "was from the beginning"—the permanent conjunction, (namely), of "two into one flesh:" for fear that necessity or opportunity for a third union of flesh may make an irruption (into His dominion); permitting divorce to no cause but one—if, (that is), the (evil) against which precaution is taken chance to have occurred beforehand. So true, moreover, is it that divorce "was not from the beginning," that among the Romans it is not till after the six hundredth year from the building of the city that this kind of "hard-heartedness"41 is set down as having been committed. But they indulge in promiscuous adulteries, even without divorcing (their partners): to us, even if we do divorce them, even marriage will not be lawful.
Chapter X.—St. Paul's Teaching on the Subject.
From this point I see that we are challenged by an appeal to the apostle; for the more easy apprehension of whose meaning we must all the more earnestly inculcate (the assertion), that a woman is more bound when her husband is dead not to admit (to marriage) another husband. For let us reflect that divorce either is caused by discord, or else causes discord; whereas death is an event resulting from the law of God, not from an offence of man; and that it is a debt which all owe, even the unmarried. Therefore, if a divorced woman, who has been separated (from her husband) in soul as well as body, through discord, anger, hatred, and the causes of these—injury, or contumely, or whatsoever cause of complaint—is bound to a personal enemy, not to say a husband, how much more will one who, neither by her own nor her husband's fault, but by an event resulting from the Lord's law, has been—not separated from, but left behind by—her consort, be his, even when dead, to whom, even when dead, she owes (the debt of) concord? From him from whom she has heard no (word of) divorce she does not turn away; with him she is, to whom she has written no (document of) divorce; him whom she was unwilling to have lost, she retains. She has within her the licence of the mind, which represents to a man, in imaginary enjoyment, all things which he has not. In short, I ask the woman herself, "Tell me, sister, have you sent your husband before you (to his rest) in peace?" What will she answer? (Will she say), "In discord?" In that case she is the more bound to him with whom she has a cause (to plead) at the bar of God. She who is bound (to another) has not departed (from him). But (will she say), "In peace?" In that case, she must necessarily persevere in that (peace) with him whom she will no longer have the power to divorce; not that she would, even if she had been able to divorce him, have been marriageable. Indeed, she prays for his soul, and requests refreshment for him meanwhile, and fellowship (with him) in the first resurrection; and she offers (her sacrifice) on the anniversaries of his falling asleep. For, unless she does these deeds, she has in the true sense divorced him, so far as in her lies; and indeed the more iniquitously—inasmuch as (she did it) as far as was in her power—because she had no power (to do it); and with the more indignity, inasmuch as it is with more indignity if (her reason for doing it is) because he did not deserve it. Or else shall we, pray, cease to be after death, according to (the teaching of) some Epicurus, and not according to (that of) Christ? But if we believe the resurrection of the dead, of course we shall be bound to them with whom we are destined to rise, to render an account the one of the other. "But if in that age they will neither marry nor be given in marriage, but will be equal to angels,'42 is not the fact that there will be no restitution of the conjugal relation a reason why we shall not be bound to our departed consorts?" Nay, but the more shall we be bound (to them), because we are destined to a better estate—destined (as we are) to rise to a spiritual consortship, to recognise as well our own selves as them who are ours. Else how shall we sing thanks to God to eternity, if there shall remain in us no sense and memory of this debt; if we shall be re-formed in substance, not in consciousness? Consequently, we who shall be with God shall be together; since we shall all be with the one God—albeit the wages be various,43 albeit there be "many mansions", in the house of the same Father44 having laboured for the "one penny"45 of the self-same hire, that is, of eternal life; in which (eternal life) God will still less separate them whom He has conjoined, than in this lesser life He forbids them to be separated.
Since this is so, how will a woman have room for another husband, who is, even to futurity, in the possession of her own? (Moreover, we speak to each sex, even if our discourse address itself but to the one; inasmuch as one discipline is incumbent [on both].) She will have one in spirit, one in flesh. This will be adultery, the conscious affection of one woman for two men. If the one has been disjoined from her flesh, but remains in her heart—in that place where even cogitation without carnal contact achieves beforehand both adultery by concupiscence, and matrimony by volition—he is to this hour her husband, possessing the very thing which is the mean whereby he became so—her mind, namely, in which withal, if another shall find a habitation, this will be a crime. Besides, excluded he is not, if he has withdrawn from viler carnal commerce. A more honourable husband is he, in proportion as he is become more pure.
Chapter XI.—Further Remarks Upon St. Paul's Teaching.
Grant, now, that you marry "in the Lord," in accordance with the law and the apostle—if, notwithstanding, you care even about this—with what face do you request (the solemnizing of) a matrimony which is unlawful to those of whom you request it; of a monogamist bishop, of presbyters and deacons bound by the same solemn engagement, of widows whose Order you have in your own person refused? And they, plainly, will give husbands and wives as they would morsels of bread; for this is their rendering of "To every one who asketh thee thou shalt give!"46 And they will join you together in a virgin church, the one betrothed of the one Christ! And you will pray for your husbands, the new and the old. Make your election, to which of the twain you will play the adulteress. I think, to both. But if you have any wisdom, be silent on behalf of the dead one. Let your silence be to him a divorce, already endorsed in the dotal gifts of another. In this way you will earn the new husband's favour, if you forget the old. You ought to take more pains to please him for whose sake you have not preferred to please God! Such (conduct) the Psychics will have it the apostle approved, or else totally failed to think about, when he wrote: "The woman is bound for such length of time as her husband liveth; but if he shall have died, she is free; whom she will let her marry, only in the Lord."47 For it is out of this passage that they draw their defence of the licence of second marriage; nay, even of (marriages) to any amount, if of second (marriage): for that which has ceased to be once for all, is open to any and every number. But the sense in which the apostle did write will be apparent, if first an agreement be come to that he did not write it in the sense of which the Psychics avail themselves. Such an agreement, moreover, will be come to if one first recall to mind those (passages) which are diverse from the passage in question, when tried by the standard of doctrine, of volition, and of Paul's own discipline. For, if he permits second nuptials, which were not "from the beginning," how does he affirm that all things are being recollected to the beginning in Christ?48 If he wills us to iterate conjugal connections, how does he maintain that "our seed is called" in the but once married Isaac as its author? How does he make monogamy the base of his disposition of the whole Ecclesiastical Order, if this rule does not antecedently hold good in the case of laics, from whose ranks the Ecclesiastical Order proceeds?49 How does he call away from the enjoyment of marriage such as are still in the married position, saying that "the time is wound up," if he calls back again into marriage such as through death had escaped from marriage? If these (passages) are diverse from that one about which the present question is, it will be agreed (as we have said) that he did not write in that sense of which the Psychics avail themselves; inasmuch as it is easier (of belief) that that one passage should have some explanation agreeable with the others, than that an apostle should seem to have taught (principles) mutually diverse. That explanation we shall be able to discover in the subject-matter itself. What was the subject-matter which led the apostle to write such (words)? The inexperience of a new and just rising Church, which he was rearing, to wit, "with milk," not yet with the "solid food"50 of stronger doctrine; inexperience so great, that that infancy of faith prevented them from yet knowing what they were to do in regard of carnal and sexual necessity. The very phases themselves of this (inexperience) are intelligible from (the apostle's) rescripts, when he says:51 "But concerning these (things) which ye write; good it is for a man not to touch a woman; but, on account of fornications, let each one have his own wife." He shows that there were who, having been "apprehended by the faith" in (the state of) marriage, were apprehensive that it might not be lawful for them thenceforward to enjoy their marriage, because they had believed on the holy flesh of Christ. And yet it is "by way of allowance" that he makes the concession, "not by way of command;" that is, indulging, not enjoining, the practice. On the other hand, he "willed rather" that all should be what he himself was. Similarly, too, in sending a rescript on (the subject of) divorce, he demonstrates that some had been thinking over that also, chiefly because withal they did not suppose that they were to persevere, after faith, in heathen marriages. They sought counsel, further, "concerning virgins"—for "precept of the Lord" there was none—(and were told) that "it is good for a man if he so remain permanently;" ("so"), of course, as he may have been found by the faith. "Thou hast been bound to a wife, seek not loosing; thou hast been loosed from a wife, seek not a wife." "But if thou shalt have taken to (thyself) a wife, thou hast not sinned;" because to one who, before believing, had been "loosed from a wife," she will not be counted a second wife who, subsequently to believing, is the first: for it is from (the time of our) believing that our life itself dates its origin. But here he says that he "is sparing them;" else "pressure of the flesh" would shortly follow, in consequence of the straits of the times, which shunned the encumbrances of marriage: yea, rather solicitude must be felt about earning the Lord's favour than a husband's. And thus he recalls his permission. So, then, in the very same passage in which he definitely rules that "each one ought permanently to remain in that calling in which he shall be called;" adding, "A woman is bound so long as her husband liveth; but if he shall have fallen asleep, she is free: whom she shall wish let her marry, only in the Lord," he hence also demonstrates that such a woman is to be understood as has withal herself been "found" (by the faith) "loosed from a husband," similarly as the husband "loosed from a wife"—the "loosing" having taken place through death, of course, not through divorce; inasmuch as to the divorced he would grant no permission to marry, in the teeth of the primary precept. And so "a woman, if she shall have married, will not sin;" because he will not be reckoned a second husband who is, subsequently to her believing, the first, any more (than a wife thus taken will be counted a second wife). And so truly is this the case, that he therefore adds, "only in the Lord;" because the question in agitation was about her who had had a heathen (husband), and had believed subsequently to losing him: for fear, to wit, that she might presume herself able to marry a heathen even after believing; albeit not even this is an object of care to the Psychics. Let us plainly know that, in the Greek original, it does not stand in the form which (through the either crafty or simple alteration of two syllables) has gone out into common use, "But if her husband shall have fallen asleep," as if it were speaking of the future, and thereby seemed to pertain to her who has lost her husband when already in a believing state. If this indeed had been so, licence let loose without limit would have granted a (fresh) husband as often as one had been lost, without any such modesty in marrying as is congruous even to heathens. But even if it had been so, as if referring to future time, "If any (woman's) husband shall have died, even the future would just as much pertain to her whose husband shall die before she believed. Take it which way you will, provided you do not overturn the rest. For since these (other passages) agree to the sense (given above): "Thou hast been called (as) a slave; care not:" "Thou hast been called in uncircumcision; be not circumcised:" "Thou hast been called in circumcision; become not uncircumcised:" with which concurs, "Thou hast been bound to a wife; seek not loosing: thou hast been loosed from a wife; seek not a wife,"—manifest enough it is that these passages pertain to such as, finding themselves in a new and recent "calling," were consulting (the apostle) on the subject of those (circumstantial conditions) in which they had been "apprehended" by the faith.
This will be the interpretation of that passage, to be examined as to whether it be congruous with the time and the occasion, and with the examples and arguments preceding as well as with the sentences and senses succeeding, and primarily with the individual advice and practice of the apostle himself: for nothing is so much to be guarded as (the care) that no one be found self-contradictory.
Chapter XII.—The Explanation of the Passage Offered by the Psychics Considered.
Listen, withal, to the very subtle argumentation on the contrary side. "So true is it," say (our opponents), "that the apostle has permitted the iteration of marriage, that it is only such as are in the Clerical Order that he has stringently bound to the yoke of monogamy. For that which he prescribes to certain (individuals) he does not prescribe to all." Does it then follow, too, that to bishops alone he does not prescribe what he does enjoin upon all; if what he does prescribe to bishops he does not enjoin upon all? or is it therefore to all because to bishops? and therefore to bishops because to all? For whence is it that the bishops and clergy come? Is it not from all? If all are not bound to monogamy, whence are monogamists (to be taken) into the clerical rank? Will some separate order of monogamists have to be instituted, from which to make selection for the clerical body? (No); but when we are extolling and inflating ourselves in opposition to the clergy, then "we are all one:" then "we are all priests, because He hath made us priests to (His) God and Father." When we are challenged to a thorough equalization with the sacerdotal discipline, we lay down the (priestly) fillets, and (still) are on a par! The question in hand (when the apostle was writing), was with reference to Ecclesiastical Orders—what son of men ought to be ordained. It was therefore fitting that all the form of the common discipline should be set forth on its fore-front, as an edict to be in a certain sense universally and carefully attended to, that the laity might the better know that they must themselves observe that order which was indispensable to their overseers; and that even the office of honour itself might not flatter itself in anything tending to licence, as if on the ground of privilege of position. The Holy Spirit foresaw that some would say, "All things are lawful to bishops;" just as that bishop of Utina of yours feared not even the Scantinian law. Why, how many digamists, too, preside in your churches; insulting the apostle, of course: at all events, not blushing when these passages are read under their presidency!
Come, now, you who think that an exceptional law of monogamy is made with reference to bishops, abandon withal your remaining disciplinary titles, which, together with monogamy, are ascribed to bishops.52 Refuse to be "irreprehensible, sober, of good morals, orderly, hospitable, easy to be taught;" nay, indeed, (be) "given to wine, prompt with the hand to strike, combative, money-loving, not ruling your house, nor caring for your children's discipline,"—no, nor "courting good renown even from strangers." For if bishops have a law of their own teaching monogamy, the other (characteristics) likewise, which will be the fitting concomitants of monogamy, will have been written (exclusively) for bishops. With laics, however, to whom monogamy is not suitable, the other (characteristics) also have nothing to do. (Thus), Psychic, you have (if you please) evaded the bonds of discipline in its entirety! Be consistent in prescribing, that "what is enjoined upon certain (individuals) is not enjoined upon all;" or else, if the other (characteristics) indeed are common, but monogamy is imposed upon bishops alone, (tell me), pray, whether they alone are to be pronounced Christians upon whom is conferred the entirety of discipline?