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The works of Sir John Fortescue, Knight, Chief Justice of England and Lord Chancellor to King Henry the Sixth (Volume 1) online

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Again, the fentence of the Lord in the cafe of the daughters of Zelophehad (quoied by
my mother) was given at a time when there was no king in Ifrael, and has no reference to a
kingdom. It was alfo given to Ifrael only ; but other nations have various laws of inheiitance
(c. 4). Moreover, in the kingdoms of Ifrael and Judah, women never did lucceed to the
throne (c. 5). (The Grandjon now jlates his oivn title.) My grandfather died poffefled of
the kingdom. It cannot defcend to my mother. It muft therefore come to me. Our Lord
was King of the Jews by hereditary right. But his mother was never (^lecn of the Jews.




i.or'



., JiTl



342* De Naturd Lcgis Naturcc.

Pronounce therefore, oh Judge, the fame fentcnce which was pronounced by the Three
Kings of old under the infpiration of the Holy Spirit.

TJie Kings Brother. — Women are not capable of fighting or judging, which are tht
necelTary duties of a king. Nature has adapted them for houfehold cares, not for the office
of king (c. 8). The Civil and Canon Laws e.xclude women even from the offices of magil-
trate or judge. Moreover, Nature always ufes the beft inftruments for her purpofe, which
would not be the cafe if fhe ufed women to govern kingdoms. Who hunts hares with cats i"
Nature makes greyhounds to hunt hares, and cats to catch mice (c. 9). {He turns to anjwer
the GrandJoH.) Argument from grant of land to a man and the iffiae male of his body,
where, in default of male iflue, the land reverts to the donor ; from the law of entail in
England, &c. (c. 10). As to the cafe of our Lord, Chrill was not King of the Jews in righi
of his mother; for Jofeph, as appears from St. Matthew, was the heir of Ling David, and
both could not have been heirs at the fame time; but He was King by fpecial appointment,
and in a fpiritual manner, and of a kingdom fuch as that of which we daily fay to God,
" Thy kingdom come." Chrill faid not to Pilate, " My kingdom is not in this world," but
" My kingdom is not o/this world." But it would have been of this world if it had cume
down to him by a carnal fucceffion. The example, therefore, of our Lord is of no avail to
the King's Grandfon (c. 11).

Replication of the King's Daughter. — A fon cannot fucceed in his mother's li eti ne.
It is by death that every inheritance defcends, and not by life. Such a right would be like
the phcEnix. The Law of Nature, which muft decide this controverfy, knows nothing cf it
(c. 13). If women cannot reign, no more, by the fame argument, can infants, old men or
fick men. But hereditary fucceffion muil admit thefe, and rulers both bad and good. Mc re-
over the king (or queen) may fight or judge by deputy. Confider alfo what women have
ruled in the world — Deborah, Tomyris, Semiramis, the Amazons ; and, again, how frequently
dukes, marquifes, and earls, poffeffing fovereign power, are fucceeded by their daughters
(c. 15).

Replication of the King's Grandfon.— My claim is not m right of my mother, who is
only " the vehicle or medium whereby my grandfather's kingdom is tranfmitted to de by
the Law of Nature, as a rope guides a beam into its place in a building, or as g'ue fplkns
two pieces of wood together" (c. 16). Woman was made fubjeiil to man from her creation,
as proved by Scripture. She received the command not to eat of the fruit of the tree while
yet in Adam's body, and, when feparated from it, ffie fi:ill remained fubjedl. S.ie was made
for the fake of man, as his help-meet (c. 18). She is not the " image of God," as man is,
who is God's deputy, and pro-creator. Upon the whole, for woman to bear abfolute rule
over man is contrary to Nature; and if ffie be de fiHo ruler of a kingdom, fire " ought to
be expelled therefrom," and " fo long as llie holds it, flie defcrts the order of her nature"
(c. 21). As to the examples quoted of famous women, the deeds of Deborah and Judith-



Re?na7'k



343-''



were " extraordinary gifts of grace," which prove nothing — no more than the judgment of
Daniel proves that boys fliould fit upon the judgment-feat, or than Balaam's afs fets other
people's afles an example of fpeaking. Tomyris was raifed up hy Cjod to p:inifli Cyrus.
Semiramis was an impious ufurper. The Amazons were an exception to all rules — "one
fwallow doefn't make afummer" — and are extinft, which would not have been permitted
" if their condition had been for the honour of the univerfe" (c. ■I'l). As to dukedoms, &c.)
no doubt women fucceed to luch great domains, and govern nien (although the Civil Law
forbids it), even as a mother governs her fon, or a matron her houfehoKl. But this proves
nothing, becaufe in thefe cafes they are ruled by iujierior lords ; and Nature allows women
who obey men to govern men (c. ij).

Replication of the King's Brother. — The natural deficiencies of women are not the caufe
of their exclufion from the kingly office, but indications of the caufe, which is the D'vine
Will. That will is declared in the Book of Genefis — " Thou fiialt be under the pow.-r of
thy hufband, and he fiiaH rule over thee." This is conclufive. But (it may be fiid) this is
J^ivine Law; and in I'art I. it was laid down that the Law of Nature fliould decide this con-
troverfy. Is then the Law of Nature imperfect:? (c. 25). No, but it is only difcovered by
difcourfe of reafon ; fo that if the author fliall have gone artray from the path ot reafon, his
decifions will be merely his own, and not thofe of Nature. It is fder, therefore, to obtain
the judgment of the Divine Law alfo, which reds not upon reafon, but faith. The woman
then, having violated her natural fubjeftion, which was that of free obedience, was by Divine
Law, as a punifhment, made fubject to man as her mafter. The pofitive ena6lment of
Human Law adds force to the Law of Nature; as Cain under the Law ot Nature was not
flain, but under the IVIofaic Law would have been put to death. Much more doth Divine
Law produce the fame effeifl:, by confirming the Law of Nature, and excluding the woman
yet more decidedly from the throne (c. 28). But it may be afked. Why take fo much
trouble to expound the Law of Nature, if you have found another law more excellent and
efficacious for the folution of the quellion ? The anfwer is, that "our caufe had been
finifiied by fentence of the Law of Nature," which was only confirmed by the Divine
fentence, " Thou Ihalt be under the power of thy hufband," &c. Thus, (\n is not fin
becaufe forbidden by pofitive precept, but is fo forbidden becaufe already fin by the Law of
Nature (c. 29). Moreover, there is this difference between the two laws. The Law ot
Nature does not allow a woman to reign either de faBo or de jure, a woman on the throne
not being by nature a queen any more than the man who has taken another man's witej; a
huiband ; it is not de ratioie entis that file fliould reign; but the Divine ientence only
attaches a penalty to that which the Law of Nature has forbidden. On the whole, ".lur
conclufion is derived from law both Divine and human" (c. 30).

Replication of the King's Brother to the King's Grandfon. — The grandfon adroitly ftrives to
evade the rule of law, that '■'■Nemo poteji plus juris in aliuin transferre qiiam fibi competitf by
I. u u * ^



344* De Naturd Lcgis Naturcv.

claiming through his mother, and not as her heir. But fuch a fimihtude as that of the rope
and the beam, proves notlung ; for the beam hung ful'pended in the rope, but tlie right to
the throne was never fufpended in the mother (c. 31). 'I'he grandion fays, that if he had
been the king's grandfon by a fon, and if his rather had died in his grandfather's lifetime, he
would iiave fucceeded, although his father would never have had the power of bequeathing.
This is true, but it is nihil ad rem ; for " the king's fon is capable of holding the kingdom,
and m the lifetime of his father, has a kind of latent right to it" (c. ji). But to under-
rtand whether an inheritance can defcend from a grandfather to a grandfon, we mufl confider
how the right of inheritance arofe. Before the Fall, there was no property to bequeath, for
all things were common. But " bread eaten in the fweat of the brow " became individual pro-
perty, and capable of defcent (c. J3). What is this defcent ? There is a Ladder between
heaven and earth, the ikps of which are the caufes of all things, and the lides juflice and
truth. " This ladder is the royal road of Nature." This is the ladder which Jacob fiw in
vifion. Upon this ladder all things defcend Rep by ftep. If the kingdom in quelticn i oes
not fo defcend, but milTes any ik-p, it is not a defcent but a fall, and fo "a tranf^rellion of
the order of Nature " (e. 34). The caufes which conftitute the fieps of the ladder of Naiure
are efficient and final caufes. The f^tther is the efficient caufe of the fon, the fon tl e f nal
caufe of the father begetting him, &c. No one of thefe caufes or fteps can be pafia o -er.

" Thus fummer glides into winter," &:c " The fun ffiining in Cancer will noi jump

into Capricorn." "With fuch a continuous courfe, Nature rules the globe," and "defcent of
inherit.ance cannot efcape the law " (c. 1,:^). Moreover, all things hang from the Firlt Ca ife,
which is God, by an unbroken chain of caufes ; and if a (Ingle link be wanting, all belov it
fall to the ground (c. 36). Now, the daughter is not a link or medium between the
grandfather and the grandfon, in refpec^ of a kingdom, but only in refped of private property
(c- 37)- The fame is proved by examples, — cafes where the fuppofed medium of thie in-
heritance is not capable of holding, and therefore not of tranfmitting it. Thus in England,
property cannot pafs through an attainted perfon to his pofterity. Thus the daughters of
Zelophehad would not have been fuffi^red to kicceed, if their father had been condenmed in
the rebellion of Korah, and fo on. Therefore, both reafon and example condemn the' pre-
tenfions of the grandfon (c. j8).

Duplication of the King's Daiighter.~\ deny that the woman was fubjed to the man before
her fin. The Divine fentence, not the Law of Nature, made her fubjec^. And by that
fentence, married women only are fubjecfl to man. I have not furrendered myfelf to any
man, and am therefore not involved in that fentence, nor excluded from h= kingdom
(c. 40).

Duplication of the King's Grandfon. — I laugh at thefe two notions of my morher. In the
firft place, it is certain that man had a certain dominion and prelutia over the woman from
the time of his creation, which was natural and pleafing to her. But after the had rebelled,



,1.. n \



) V i.r-.t;



Remarks. ^>r.,

it became penal and compuifury (c. 4:). In the fecond place, this fuhjection has nothing to
do with marriage. " It was not wedlock, l)ut the female lex that linned." The wife is not
the lervant, but the companion of her liuiLand. The Father would not have furrendered the
mother of his Son to matrimony, if flie had been made lefs honourable thereby (c. 4-]).
Moreover, the juft Judge would not have punillied women unequally, or thofe who are
honoured by the facrament of matrimony more feverely than others. Although there was
a dominion over the woman before the b'all, as St. Thomas and St. Augulline afll-rt, it was
v:ry different from the lordlliip which man exercifes over her fitice fhe finned (c. 45). There
are various kinds of dominion, political, defpotic, royal, economical, or fecial ; and every
woman is fubjeeT: to one or other of thefe kinds of dominion. Tjie Lord faid to the woman
indefinitely, "Thou flialt be under man's power;" \o that if (lie is under the power of any
man, Ihe does notefcape the effcd: of the fentence (c 46). And now to anfwer my nother's
uncle. The argument from the laws of l-'rance and b'.ngland is good for nothing, thefe being
only municipal laws, whereas we 1 ok to the Law of Nature. The Civil Law of "uardian-
fhip {tiitelce) is in my favour. That law does not allow an aunt to be guardian to a ward,
but yet, paffing her over, commits the guardianlliip.to lier fon. It is true that the Emperor
cannot decide our caufe ; but the Civil Law is never againll the equity of the Law of Nature
(c. 48).

Duplication of the King's Brother. — If the Civil Law isadmifrible into the difcuflion, then
the laws of all kingdoms and legiflations are admiffible. But I deny the analocry of the
Civil Law of guardianfhip. A kingdom is real property and public dignity, guardianlliip is
a private duty and a perfonal charge. Different fubjeCt matters arc governed by different
laws (c. 50). Befides, the law as to the culfody of wards differs in different countries, and
thus the Civil Law emanates from the authority of the Emperor only, and is not a decree of
the Law of Nature (c. 51). But if we are to look to the Civil Law, we find that dignities
deicend through agnates, not cognates, males not females, as in the cafe of fenatoriai rank.
The fame therefore holds good of a kingdom (c. 52). Moreover, the Civil Law (as proved
by many references), makes women incapable of the offices of judge or magiftrate; and thus,
as all kings are judges and magirtrates, it incapacitates them for reigning even in fubjev5l king-
doms, going beyond the Law of Nature in lT:ringency. The Canon Law does the fame
(c. 5j) for the fame reafon (c. 55); and tlie ApolUe confirms the Law of Nature, when he
writes, " The head of the woman is the man," and " I fuffer not a woman to teach, nor to
exercife authority over the man " (c. 57). " So then, oh ! mother and fon, the Law of Nature
has revealed the merits of your claims, and the fentence which thofe claims deferve betb the
Civil and the Canon Law have alfo pronounced" (c. 57).



■'■:■■ ■! ./,'
IV '.-yi'.'Oin
■| J ','05 ' 'W

•M«l,V -.'St,



346^' De Natiir'd Leg^is NatuvcB,

The Judgment.

The Jui-ige extols the order of the univerfe. In that order 110 eieature, aiurel, or niati,
is without fuperior and inferior. In the human race, then, made twofold by two fexes,
there muft be fubordination, and it muft be of the woman to the man. To forfake this
order would be fin (c. 59.)

I'Vom the beginning, in the time of iiuiocence, the man had a pre-eminence {prelatia)
over the woman, but without compullion ; for if the woman had been obedient by com-
pulfion, ilie would not have been innocent (c. 60). His pre-eminence was like that of the
fuperior angels over the inferior, by reafon of a certain fuperiority of virtue by which he was
able to guide and teach her (c. 61); not that he exceeds her in the virtues of faith, hope,
charity, in devotion or holinefs, but in the "moral virtues" of courae ■, felf-control,
fagacity, the virtues " by which the world is ruled " (c. 62). Again the pre-eminence of the
man over the woman is like that of the foul over tlie body, or of the higher reafon over the
lower. " Thefe arguments from analogies have great force in law" (c. 6^, 64.) Moie-
over the woman produced out of the fide of Adam was a figure of Holy Church proiluc;d
out of the fecond Adam ; but file could not have been fo uiilcfs fiie were fubjcft to the m ui
as the Church to Chrifi (c. 66). The judgment is then given in favour of the 1 in;,'s
brother, and fubmitted to the examination of the fupreme Pontiff-".

The foregoing analyfis does not fhow the numerous authorities by which Fortefc le
fupports his argument, nor the extent of his reading, which will be evident from the fuD-
joined Table of Quotations. Next to the Scriptures, to which his references are numeroi s,
he makes mofi: frequent ufe of Augufiine, Aquinas, Ariflotle, Boethius, and the civil and canon
laws. In the firft part, cfpecially, where he treats of Law (in a manner which reminds one of
the Firft Book of Hooker's Ecclefiaftical Polity), and of forms of governmentj he relies
mainly upon the Be Civitate Dei, and the remarkable treatife of Aquinas called De Regikiine
Principiim. But there are alio quotations from other fathers and fchoolmen, from feveral of
the clalfics, and from writers, now little known, of the 13th, 14th, and 15th centuries. 1 In
verifying thefe numerous references, and compiling the Notes and Illuftrations, I have
received much valuable and friendly aid from the Rev. W. Stubbs, Profefi'or of Modern
Hiftory at Oxford. I am alfo nnich indebted to the Right Rev. Dr. Uliathoaie, Roinan
Catholic Bifiiop of Birmingham, to the Prior and tlie Librarian (the Rev. T. 15. Snow) of
St. Gregory's College, Downfide, to SirRobert Collier, M.P. (now Attorney-Gen ral), and to
Richard Sims, Efq., of the Britifii Mufeum.

Strawberry Hill, Jan. 1869.



TABLE OF (QUOTATIONS.

PART I.

CHAP

I. Ariftotle, " omnia ainamus," ^^x. See note.
Seneca, Epift. 8.
IV. Auguftine, De Civitate Dei, xv. xvi.

Jofephus, " in libro luo de Antiquiratum Hiftoriis." This is a general reference to the
chronology of Jolcphus, placed at the heading of each book of the Antiquities of
the Jews.
Canon Law, Decretum, pars i. diftincfio i. cap. I.
V. Did. viii. cap. l. .i^^;o /«;■(■, in hnc.
Dift. ix.

Dift. V. cap. I. and the "■ glofs."
Dift. i. cap. I . Oinnci.
St. Thomas Aquinas, in Prima Stimma;, quxftione xcvi. De poteftate legis humans,

articulo 2.
Varro.

This fentence is quoted by Vincent of Beauvais, Speculum Hiftoriale, v. 59, and in his
Eruditio Puerorum Regalium, cap. iii.
VI. Jofephus, Antiq. Jud. i. 11.

Civil Law Digefts, lib. i. tit. i. lex i.
VIL Canon Law, Decretum, pars i. dift. vi. in fine.
Auguftine, De Civ. r.)ei, xvi. 11.

Cicero, De Officiis, iii. 4. ■

Homer, Iliad, X. 109.

05 Tf, Tio'hh y'AUHiuv fxsfuroi xaraXiijio/XEvoiO,

OLV^'^iJv h crT»5££7"(7|V lii.;£Tai hi/TE XaTTVOJ. ^ .

Aquinas, De Regimine Principum, i. 10.

Ariftotle, Politics, v. 12 (quoted in De Reg. Prin. i. 10).

Seneca, Naturales Oux-ftiones, vii. ix. 3.

Diodorus Siculus, Bibliotheca Hiftorica, i. 44, 45. Compare ii. i for Ninus.



34^ De Naturd Leo-is Naturcc.



CHAP.



VIII. Auguftme, De Civ. Dei, xvi. 17.

Vincentius, De Morali Inilitutionc Principiim. Sec note. This p;ill;iot; occur^ alio in
the S|)eciilum Hilturiale, i. 101.

Auguftine, De Civ. Dei, xvi. 3.
IX. Augulline, De Civ. Dei, xv. 20.

Jolephus, Aiiticj. Jud. i. 3.

Aquinas, De lieg. Prin. i. 12.

Canon Law, Decretuin, pars i. dift, vii. i.

Dirt. viii. cap. 3. Mala conluetudo.
XIV. "Cum dicat Scriptura, nialedidus," cVc. See Note.

XV. " Philofophus (Aiilk)tle) et Auguilinus." See N ote.
Boethius, De Conlbhuione Philofophi.e, lib. iii. picjia iv.

XVI. Aquinas, De Reg. Prin. ii. 9.

jEgidius Romanui, De Regimine Principum. See Note.
Aquinas, De Reg. Prin. iii. 12, 20 ; and ii. 8, and iv. t.
XVII. Aquinas, De Reg. Prin. i. 12. ■ '

XVIII. Aquinas, De Reg. Prin. i. 1. i

Ariilotle, Phyfics, i. 12.

Civil Law, Digefts, ft", lib. i. tit. i. j;)e Jullitia et Jure.

Vincentius, De Morali Principum Inftitutione. See Note. The reference is to m.
Gregory the Great, Morals on Job, lib. xvii. (Job xxv.)
XIX. Canon Law, Decretuin, pars i. dill. v. cap. i, in the glofs.

Auguftine, De Civ. Dei, xv. 3. 1

XX. Civil Law, Inftitutes, lib. i. tit. 2. De Jure Natural! gentium et Civili, \ w.
XXII. Aquinas, De Reg. Prin. ii. g.

XXIV. ^gidius Romanus, De Reg. Prin. lib. iii. pars 2, cap. 23, ed. Rom. 1482.
Ariftotle, Ethics (Nichomachean), v. x. 8.

Ariftotle," Melius regitur regnum optimo rege quiim optima lege," a fumm.iry drawn (roij!
the argument in the 3rd Book of the Politics. This is one of the " Auiitontati s."
XXV. Aquinas, De Reg. Prin. iii. 11. 1

XXVI. Boethius, De Cons. Phil. iii. metrum, 5, iv. i)rora 2.

" Metrifta quidam."

' I

" Omnes res geftas taciuiu duo, velle, poteftas. Si diftinguuntur disjunc^a mi operaiuur."
Boethius, De Cons. Phil. iii. profa 10.
Aquinas, De Reg. Prin. i. 3, 5, b.
XXVII. Boethius, De Cons. Phil. iii. prola v. '

Jerome, " in Glofa fupcr xix. cap. ii. Libri Regum." 2 Samuel xix.
XXVIII. Aquinas, De Reg. Prin. i. i.
XXIX. Auguftine, De Civ. Dei, xix. 13.
XXXI. Cicero, De Officiis, i. 2.

Canon Law, Decretum, pars i. dift. viii. 4, De Veritate, and cap. 7, Frujha.
Januenfis (Joannes Balbus), Catholicon, ed. Rouen, 1511. The reterence will be found
under the article Diffinttio.



Table of ^iotatio7is. -^,49=1



CHAP.



XXXIV. Aquinas, in Prima Siimnirt, qu;vft. xcvi. art. 4.
Aquinas, Dc Reg. Prin. iii. 9.
Auguftine, I)e Civ. Dt-i, xi\. 14 ami 13.

Arirtotle, " ill Prinio Politicdrum." Taken not from the text of Ariflotle, but from the
ColleiSlion ot Auclontatcs Ariftotehs, and is an expanfion of the pailage in the
Politics, I. 2 — " TO y.iv yuiJ duva.iJ.{\,ov in oiai'Oict Tr^oopav i.px'-'V fuaa kcx\ Jt'tr'.TGTOv ^urci,
TO 0£ duvafj.ivov Tuj (juiij.aiTi Taura TToifiv ai,x,^iJ.£vov uai <poaEt JoJacv."
AugulUne, De Civ. Dei, xix. 15.

St. John Chrylollom, " in ijuodam fernione." The paflage is taken, though not with
verbal accuracy, from Chrji'olfom's fernion, " Ouomodo primus homo onini prx-latus
fit creatur;t'," which is placed immediately alier the Homilies on Genefis in the
folio ed. B.ihlirc, 155H, vol. i. p. 5^6.
XXXV. Anlelm. This dehnition of jultice occurs in feveral of St. Anfelm's works, in I'le " De
Conccptii Virginis et Originali Peccato," chaps. 3 and 5 ; in the " De C )ncordia
prx'fcienti.t Dei cum libero arbitrio," qu;ell:. I and fi ; in the " Dialogus de Veri-
tate," c. 12; but mull conlpicuoully in the laft.
Augulfine, De Civ. Dei, xiv. 11.
XXXVI. Civil Law, Digerts, lib. i. tit. 1. De juftitia et jure, lex i.

Auguftine, De Trinitate, lib. ix. " Mens humana notitiam gignit," is a fumniary of the
argument in the ninth book of the De Trinitate.
XXXVII. " Sanftus Auguitmus in libro de Dignitate Conditionis Humanat." See Note.
Ariltotle, De Coslo et iMundo, i. i.

Dionyfius Areopagita, De Divinis Nominibus, chap. ii.
AuguiHne, " in fole funt fubft.mti.i ejus," c\'c. See Note.
XXXVIII. Aquinas, De Reg. Prin. iii. 9.
XXXTX. Auguftine, De Civ. Dei, xiv. 6.

Xiv. " Magifter Sententiarum," Peter Lombard. "Super I"" ad Corinth, xi." Commentary
on I Cor. xi. 7, ed. 15 j 5, tol. xcv.
XLI. Dionyfius, De Divinis Nominibus (ed. 1634), p. 531.

XLII. Ifidore, Etymologies. The reference is probably to lib. v. c. 2, " Omnes leges aut
divinae ilint aut human.i'. Diviiue natuia, human:e moribus conitant," included in
the Digefts, i. I.
Auguftine, Contra Faufliim Manichxum, xxii. 27.
Boethius, De Cons. Phil. iv. prola 6.
Damafcenus, St. John Damafceiie. De Fide Orthodoxa, ii. 29, probably quoted from

fome comment on the Sentences. Lib. i. diif. 35-31^-
Aquinas, in Prim. Sec. Ou*!!:. xci. art. 2.
Boethius, De Cons. Phil. iv. profa x.
XLIII. Canon Law, Decretum, pars i. dift. viii. c. 2. ^^''^ cotitra morei.

Boethius, De Cons. Phil. iv. prola vi.
XLIV. Aquin.is, De Reg. Prin. i. 14, 15.
Ariftotle, Politics, lib. vii.



350* De Natu?'d Legis Natnrcc.

C HAP.

XLIV. Boethiiis, De Cons. Phil. lii. prol'a ii.

Aquinas, De Reg. Prin. i. 8.

Ariftdtle, Aietaphyfics, iii. From the Auitoritatcs.

Boechius, De Cons. Phil, as above.

Aquinas, De Re;i. Prin. i. 8, 15, and iii. 3.
XLV. Aquinas, De Reg. Prin. as above.

Ariftotle, " agcns per intclleclum propter Hnem operatur."
XLVI. Aquinas, De Reg. Prin. i. 14.

Ariftotle, Ethics, 1. 1. " ev k^aaati (ra^ TE^VJcrs), ra riiv i^j(;iTE«Tovi«a)v TSAii ^TaVTwv IjTiv
ai'fETWTEfa! Tuiv i/7r' aii^' toutuv 7J:f ;>jafiv hixhuvx d)j!'K£Tzi," and " r, Trohmx-i (being
lji.aM(7Ta af%iTEXT0V(K)i) . . , oiaTaaaii."



PART II.

IV. Auguftine, De Civ. Dei, lib. xviii.

Jofephus, Antiquities. Both general references.
Aquinas, De Reg. Prin. iii. 11.
VII. Ariftotle, Metaphyfics, 1. 3.
VIII. " Mas occafionatus." Ariftotle, De Cjeneratione Animalium, ii. ^. See Note.

Aquinas, De Reg. Prin. iv. 6. I

IX. Ariftotle, Politics, ii. 6.
Aquinas — as above.

Civil Law, " ft'. De Regulis Juris, lege Femina." '■

Digefts, lib. 1. tit. xvii. lex 2.

Canon Law, Decretum, pars ii. caula xxxiii. quxft. v. cap. 17. iMulierem. ^

Ariftotle, De Ccelo ct Mundo, lib. ii. " Natura in omnibus opera turoptime," ;'nd

" Aucloritas."
Aquinas, De Reg. Prin. i. i, &c.
Ariftotle, Politics, lib. ii. "Confilium mulierum invalidum." "to It (,fi>.u cyji z^"' r'u

^ou'XiUTiHQv ahX axupov." Arift. Pol. ii. 1 3.
" Ars imitatur naturam." Arift. Phys. ii. 2.
XVIII. Ariftotle, " Homo qui animal politicum eft et fociale," &c., compofcd probably ot

Ariftotle's words — " oti (puan av^uTroi toAitixov fw'jv." Pol. i. 2, and " -3 yaf lifXEii'

xai apx^"'^^' Oil /J.0VOV Tijv avaynaixv," ^C. Pol. n. 4.
Aquinas, Prima Pars Summrc Theoiogia", qureft. xcvi. art. 4.
De Reg. Prin. iii. g.

Peter Lombard, Comment on I Cor. xi. 8, g, ed. 1535, folio xcvi.
Ariftotle, Metaphyfics, xi. 2, "ubi traftat de generatione qu:e ht ex ente in pottntia." —



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