[The History of England in Three Volumes, Vol.I., Part C. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part C. CHAPTER XXX 40/70
But as the customs of countries vary considerably, and open an intercourse, more or less restrained, between different families, or between the several members of the same family, we find that the moral precept, varying with its cause, is susceptible, without any inconvenience, of very different latitude in the several ages and nations of the world.
The extreme delicacy of the Greeks permitted no communication between persons of different sexes, except where they lived under the same roof; and even the apartments of a step-mother and her daughters were almost as much shut up against visits from the husband's sons, as against those from any stranger or more distant relation: hence, in that nation, it was lawful for a man to marry not only his niece, but his half-sister by the father; a liberty unknown to the Romans, and other nations, where a more open intercourse was authorized between the sexes.
Reasoning from this principle, it would appear, that the ordinary commerce of life among great princes is so obstructed by ceremony and numerous attendants, that no ill consequence would result among them from marrying a brother's widow; especially if the dispensation of the supreme priest be previously required, in order to justify what may in common cases be condemned, and to hinder the precedent from becoming too common and familiar.
And as strong motives of public interest and tranquillity may frequently require such alliances between the foreign families, there is the less reason for extending towards them the full rigor of the rule which has place among individuals.[*] [7] * See note G, at the end of the volume. But in opposition to these reasons, and many more which might be collected, Henry had custom and precedent on his side, the principle by which men are almost wholly governed in their actions and opinions.
The marrying of a brother's widow was so unusual, that no other instance of it could be found in any history or record of any Christian nation; and though the popes were accustomed to dispense with more essential precepts of morality, and even permitted marriages within other prohibited degrees, such as those of uncle and niece, the imaginations of men were not yet reconciled to this particular exercise of his authority. {1530.} Several universities of Europe, therefore, without hesitation, as well as without interest or reward,[*] gave verdict in the king's favor; not only those of France, Paris, Orleans, Bourges, Toulouse, Angiers, which might be supposed to lie under the influence of their prince, ally to Henry; but also those of Italy, Venice, Ferrara, Padua; even Bologna itself, though under the immediate jurisdiction of Clement. Oxford alone[**] and Cambridge* made some difficulty; because these universities, alarmed at the progress of Lutheranism, and dreading a defection from the holy see, scrupled to give their sanction to measures whose consequences they feared would prove fatal to the ancient religion.
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