The History of England in Three Volumes, Vol. I., Part C.: From Henry VII. to Mary
David Hume · en
Had the question of Henry’s marriage with Catharine been examined by the
principles of sound philosophy, exempt from superstition, it seemed not
liable to much difficulty. The natural reason why marriage in certain
degrees is prohibited by the civil laws, and condemned by the moral
sentiments of all nations, is derived from men’s care to preserve
purity of manners; while they reflect, that if a commerce of love
were authorized between near relations, the frequent opportunities of
intimate conversation, especially during early youth, would introduce a
universal dissoluteness and corruption. 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.