Divorce permitted to avoid greater evil. 5. The newly married must not go to war. 7. He that traitorously stealeth a man must be slain. 8. disobedience to Priests incurreth leprosy. 10. Such things may not be taken to pledge, as cannot be well spared. 14. Poor laborers must be presently paid. 16. not one punished for another's fault, but right judgement to all, 18, 19. and liberal alms to the poor.Diuorce permitted to auoide greater euil. 5. The newly maried must not goe to warre. 7. He that traiterously stealeth a man must be slaine. 8. disobedience to Priestes incurreth leprosie. 10. Such things may not be taken to pledge, as can not be wel spared. 14. Poore laborers must be presently payed. 16. not one punished for an others fault, but right iudgement to al, 18, 19. and liberal almes to the poore.

If a man take a wife, and have her, and she find not grace before his eyes for some some foul or unseemly thing · Vulgate: fœditatem: foulness, uncleanness: he shall write a bill of divorce, and shall give it in her hand, and put her away, divorce her, not discharge from service · Vulgate: dimittet: send away her out of his house.IF a man take a wife, and haue her, and she finde not grace before his eies for some loathsomenes: he shal write a bil of diuorce, and shal geue it in her hand, and dimisse her out of his house.Si acceperit homo uxorem, et habuerit eam, et non invenerit gratiam ante oculos ejus propter aliquam fœditatem : scribet libellum repudii, et dabit in manu illius, et dimittet eam de domo sua.

2And being departed when she shall have married another husband,And being departed when she shal haue maried an other husband,Cumque egressa alterum maritum duxerit,

3and he also hateth her, and hath given her a bill of divorce, and hath dismissed her out of his house, or is dead:and he also hateth her, and hath geuen her a bil of diuorce, and hath dimissed her out of his house, or is deade:et ille quoque oderit eam, dederitque ei libellum repudii, et dimiserit de domo sua, vel certe mortuus fuerit :

4the former husband cannot take her again to wife: because she is defiled, made unclean, not environmentally polluted · Vulgate: polluta, and is made abominable before our Lord: lest thou make thy Land to sin, which our Lord thy God shall deliver thee to possess.the former husband can not take her againe to wife: because she is polluted, and is made abominable before our Lord: lest thou make thy Land to sinne, which our Lord thy God shal deliuer thee to possesse.non poterit prior maritus recipere eam in uxorem : quia polluta est, et abominabilis facta est coram Domino : ne peccare facias terram tuam, quam Dominus Deus tuus tradiderit tibi possidendam.

5When a man hath lately taken a wife, he shall not go forth to battle, neither shall any public necessity be imposed, laid upon him · Vulgate: injungetur him, but he shall attend to his own house without fault, that one year he may rejoice with his wife.When a man hath lately taken a wife, he shal not goe forth to battel, neither shal any publique necessitie be inioyned him, but he shal attend to his owne house without fault, that one yeare he may reioyce with his wife.Cum acceperit homo nuper uxorem, non procedet ad bellum, nec ei quippiam necessitatis injungetur publicæ, sed vacabit absque culpa domi suæ, ut uno anno lætetur cum uxore sua.

6Thou shalt not take to as a pawn, an object held as security, not a promise · Vulgate: pignoris the lower · Vulgate: inferiorem, or the upper millstone: because he hath pledged his life to thee.Thou shalt not take to pledge the nether, or the vpper millstone: because he hath pledged his life to thee.Non accipies loco pignoris inferiorem, et superiorem molam : quia animam suam opposuit tibi.

7If any man be taken enticing away, tampering with (here = kidnapping), not making a request · Vulgate: sollicitans his brother of the children of Israel, and selling him take a price, he shall be slain, and thou shalt take away the evil from the midst of thee:If any man be taken soliciting his brother of the children of Israel, and selling him take a price, he shal be slaine, and thou shalt take away the euil from the middes of thee:Si deprehensus fuerit homo sollicitans fratrem suum de filiis Israël, et vendito eo acceperit pretium, interficietur, et auferes malum de medio tui.

8Observe diligently that thou incur not the plague of leprosy, but thou shalt do whatsoever the priests of the Levitical stock shall teach thee, according to that, which I have commanded them, and fulfil thou it carefully.Obserue diligently that thou incurre not the plague of leprosie, but thou shalt doe whatsoeuer the priestes of the Leuitical stocke shal teach thee, according to that, which I haue commanded them, and fulfil thou it carefully.Observa diligenter ne incurras plagam lepræ, sed facies quæcumque docuerint te sacerdotes Levitici generis, juxta id quod præcepi eis, et imple sollicite.

9Remember what our Lord your God did to Miriam, sister of Moyses and Aaron, not the mother of Jesus · Vulgate: Mariæ, in the way when you came out of Egypt.Remember what our Lord your God did to Marie, in the way when you came out of Ægypt.Mementote quæ fecerit Dominus Deus vester Mariæ in via cum egrederemini de Ægypto.

10When thou shalt demand back, claim (a debt), not "need" · Vulgate: repetes of thy neighbour any thing, that he oweth thee, thou shalt not enter into his house to take away a pledge:When thou shalt require of thy neighbour any thing, that he oweth thee, thou shalt not enter into his house to take away a pledge:Cum repetes a proximo tuo rem aliquam, quam debet tibi, non ingredieris domum ejus ut pignus auferas :

11but thou shalt stand without, and he shall bring forth to thee that which he hath.but thou shalt stand without, and he shal bring forth to thee that which he hath.sed stabis foris, et ille tibi proferet quod habuerit.

12but if he be poor, the pledge shall not lodge with thee that night,but if he be poore, the pledge shal not lodge with thee that night,Sin autem pauper est, non pernoctabit apud te pignus,

13but forthwith thou shalt restore it to him before the going down of the sun: that sleeping in his clothing, a garment · Vulgate: vestimento, he may bless thee, and thou mayest have justice before our Lord thy God.but forthwith thou shalt restore it to him before the going downe of the sunne: that sleeping in his rayment, he may blesse thee, and thou mayest haue iustice before our Lord thy God.sed statim reddes ei ante solis occasum : ut dormiens in vestimento suo, benedicat tibi, et habeas justitiam coram Domino Deo tuo.

14Thou shalt not deny the the wages, the pay due, not the act of hiring · Vulgate: mercedem of the needy, and poor man thy brother, or the stranger, that dwelleth with thee in the land, and is within thy gates:Thou shalt not denie the hyre of the needie, and poore man thy brother, or the stranger, that dwelleth with thee in the land, and is within thy gates:Non negabis mercedem indigentis, et pauperis fratris tui, sive advenæ, qui tecum moratur in terra, et intra portas tuas est :

15but the same day thou shalt pay him the price of his labor, before the going down of the sun, because he is poor, and therewithal sustaineth his life: lest he cry against thee to our Lord, and it be reputed to thee for a sin.but the same day thou shalt pay him the price of his labour, before the going downe of the sunne, because he is poore, and there withal susteyneth his life: lest he crie against thee to our Lord, and it be reputed to thee for a sinne.sed eadem die reddes ei pretium laboris sui ante solis occasum, quia pauper est, et ex eo sustentat animam suam : ne clamet contra te ad Dominum, et reputetur tibi in peccatum.

16The fathers shall not be slain for the children, nor the children for the fathers, but every one shall die for his own sin.The fathers shal not be slaine for the children, nor the children for the fathers, but euerie one shal die for his owne sinne.Non occidentur patres pro filiis, nec filii pro patribus, sed unusquisque pro peccato suo morietur.

17Thou shalt not pervert the judgement of the stranger and the an orphan, a fatherless child, not a schoolchild · Vulgate: pupilli, neither shalt thou take away the widow's raiment for a pledge.Thou shalt not peruert the iudgement of the stranger and the pupil, neither shalt thou take away the widowes rayment for a pledge.Non pervertes judicium advenæ et pupilli, nec auferes pignoris loco viduæ vestimentum.

18Remember that thou didst serve in Egypt, and our Lord thy God delivered thee from thence. Therefore I command thee that thou do this thing.Remember that thou didst serue in Ægypt, and our Lord thy God deliuered thee from thence. Therfore I command thee that thou doe this thing.Memento quod servieris in Ægypto, et eruerit te Dominus Deus tuus inde. Idcirco præcipio tibi ut facias hanc rem.

19When thou hast reaped the grain, a standing crop, not maize · Vulgate: segetem in thy field, and forgetting hast left a sheaf, thou shalt not return to take it away: but thou shalt suffer the stranger, and the pupil, and the widow to take it away, that our Lord thy God may bless thee in all the work of thy hands.When thou hast reaped the corne in thy field, and forgetting hast left a sheafe, thou shalt not returne to take it away: but thou shalt suffer the stranger, and the pupil, and the widow to take it away, that our Lord thy God may blesse thee in al the worke of thy handes.Quando messueris segetem in agro tuo, et oblitus manipulum reliqueris, non reverteris, ut tollas illum : sed advenam, et pupillum, et viduam auferre patieris, ut benedicat tibi Dominus Deus tuus in omni opere manuum tuarum.

20If thou have gathered the fruits of thy olive trees, whatsoever remaineth on the trees, thou shalt not return to gather it: but shalt leave it to the stranger, the pupil, and the widow.If thou haue gathered the fruites of thy oliue trees, whatsoeuer remaineth on the trees, thou shalt not returne to gather it: but shalt leaue it to the stranger, the pupil, and the widow.Si fruges collegeris olivarum, quidquid remanserit in arboribus, non reverteris ut colligas : sed relinques advenæ, pupillo, ac viduæ.

21When thou make vintage of thy vineyard, thou shalt not gather the clusters that remain, but they shall go to the uses of the stranger, the pupil, and the widow.When thou make vintage of thy vineyard, thou shalt not gather the clusters that remaine, but they shal goe to the vses of the stranger, the pupil, and the widow.Si vindemiaveris vineam tuam, non colliges remanentes racemos : sed cedent in usus advenæ, pupilli, ac viduæ.

22Remember that thou also didst serve in Egypt, and therefore I command thee that thou do this thing.Remember that thou also didst serue in Ægypt, and therfore I command thee that thou doe this thing.Memento quod et tu servieris in Ægypto, et idcirco præcipio tibi ut facias hanc rem.

Annotations

1Dismiss her. Whether this divorce was tolerated as a lesser sin, to avoid a greater, as St. Jerome (lib. 1 on Matt. c. 5, & lib. 1 on c. 19), St. Chrysostom (hom. 12 on Matt. 5), and others teach: or dispensed withal, and so made (Whether the bond of marriage could be loosed or no in the old law; among Christians it cannot be dissolved.) lawful to the Jews, which is also probable, for that none of the holy Prophets did ever reprehend it: sure it is, that Christ either by correcting a fault, or by recalling a former dispensation, restored the insolubility of marriage to the first institution, saying (Matt. 19): That which God hath joined together, let no man separate. Further answering the Pharisees, concerning this law: that Moyses for the hardness of your heart permitted you to dismiss your wives: but from the beginning it was not so. And albeit he alloweth separation of man and wife for fornication, (No, not for adultery.) yet for no cause neither of them can marry again, so long as the other liveth. As St. Augustine (lib. 1 de adulter. conjugiis, c. 11 & 12) by conference of three Evangelists' words touching this point, plainly showeth, concluding that forasmuch as holy scripture calleth him (that taketh a woman so dismissed) not a husband, but an adulterer, she is still his wife, by whom for fornication she was dismissed. Likewise he proveth by St. Paul's doctrine (Rom. 7 & 1 Cor. 7) that though divorce be made for adultery, yet neither the guilty nor innocent party can marry another, for the Apostle saith: a woman is under the law of her husband, as long as he liveth; if her husband be dead, she is loosed from his law. Therefore her husband living, she shall be called an adulteress, if she be with another man. If she part, let her remain unmarried, or be reconciled to her husband. A woman is bound to the law so long time as her husband liveth, &c. These words of the Apostle (saith he, lib. 2. 4) so often repeated, so often inculcated, are true, are lively, are sound, are plain. A woman beginneth not to be the wife of a later husband, except she cease to be the wife of the former. And she ceaseth to be the wife of the former, if he die, not if he (or she) commit adultery. Therefore a wife is lawfully dismissed for fornication, but the bond of the former remaineth, for which cause he is guilty of adultery, that marrieth her that is dismissed, yea though it be for fornication. Thus and much more saith St. Augustine in the same, & in other books. And all the ancient fathers, and learned schoolmen teach uniformly, (Only before consummation. Marriage is dissolved by solemn vow in Religion.) that nothing but bodily death can loose the bond of Marriage consummate; nor of unconsummate, but death, or solemn vow in an approved rule of religion.