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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68233	The determinations of the moste famous and mooste excellent vniuersities of Italy and Fraunce, that it is so vnlefull [sic] for a man to marie his brothers wyfe, that the pope hath no power to dispence therewith; Gravissimae atque exactissimae, illusstrissimarum totius Italiae, et Gallicae academiarum censurae. English	Fox, Edward, 1496?-1538.; Cranmer, Thomas, 1489-1556, attributed name.; Stokesley, John, 1475?-1539. aut; Burgo, Nicholas de, b. 1506. aut	1531 (1531)	STC 14287; ESTC S107438	118,498	310

haste brought thy offerynge vp euen vnto the altar and there doste remembre that thy brother hath any thinge agaynste the ▪ leaue thy offring there and go thy wayes and fyrst reconcile thy selfe to thy brother and be at a grement and accorde with him and then come and offer vp thyn offringe Also this place LET the deade bury the deade Ageyn IF you knewe what this is that god sayth I VVIL haue piete mercy and compassion loue and charite and not sacrifice you wold neuer haue condemned the innocētes or the fautles Itē VVHER fore do you breake the commaundement of god for your lawes traditions and teachinges Itē COME behynde me Satanas for thou sauerest tho thinges that be of man not of god Item SCRIPTURE may not be losed or dispēsed with Item THE prophetical scripture belongeth not to the interpretatiō of man and suche like Of the which placis it is euident playn that no seruyce or obedyence no sacrifyce nor offeryng no werke be it neuer so good to our syght and fantasye nor no tradition or ordinaunce of man is acceptable to god if that it withdrawe vs by any maner of thynge from the obseruation and kepinge of the commaundementes of god and the moral preceptes as these Leuiticall prohibitions be ¶ And these thynges saynt Cyprian also proueth and confirmeth beside those auctors that we haue rehersed before For he saith it is necessary that in al our werkes we be subiecte and obedient to the cōmandemētes of god nor no man for fauor or respecte to any person in suche thynges may graunt any perdon where as the law of god commaundeth the contrary ¶ Also Basilius proueth the same Bycause sayth he that amonge all causes that chance amonge vs whether they be ī wordes or in dedes some be distinctely determined in holy scripture bi the worde of god some be passed ouer and not spokē of at all As for those whiche be wrytten in scripture there is no licēce at al graūted to any mā either to do that that is forbydden or to leaue that vndon whiche is commanded For our lorde him selfe hath gyuen this commandment and sayth vnder this wise AND kepe thou this worde which I cōmand the this day Thou shalt nother put any thing to it nor thou shalte not take any thing from it yea and moreouer there shal be a terrible expectation of the day of iudgement and of the fyre that shall come from heuen whiche shall consume all them which haue ben so bolde to do any suche thinge ¶ And the said Basilius in another place saith That he whiche is a p̄sident a spiritual ruler oucht to be as a minister of Christ a distributor almosynar of the misteres of god to fere lest he shuld other speake or commande any thinge beside the will of god and beside that whiche is euidently cōmanded in holy scripture leste he shulde be founde as a false witnesse of Chryste or a thefe of sacre holy thinges other bringyng in any thing which is strange vnto the doctrine of god orels leauinge out some of those thinges whiche be to the pleasure of god ¶ Also saint Ambrose maketh to this purpose for he expouninge in the .iij. of Genesis the answere of Eue sayth thus The proces of all this present lesson teachethe vs that we oughte nother to take awaye any thynge from the commaundementes of god nor yet to putte more vnto them For if saynt Iohn̄ gaue this iudgement of his owne writynges saynge thus IF any man shall adde vnto them god shall cast vnto hym those plages and vengeances whiche be wrytten in his boke of reuelations and who so euer shall take away any thinge from the wordes of this prophecy god shal wype his parte cleane out of the boke of lyfe Howe moche more muste we be ware that we take away nothinge from the commaūdementes of god nor put nothynge to them ¶ Also saynte Barnarde maketh for this pourpose I vnderstonde saithe he that thinge to be so necessarie that it can not be broken not that whiche is ordined by manne but by god and can not be chaunged in any case excepte it be by god whiche made it ¶ And a litell after in the same boke the said saint Barnard saith That he whiche is of lesse power can not dispense in those thinges whiche be ordyned by hym that is of greatter power ¶ And also pope Fabian maketh for this pourpose He truely saith Fabian that dredeth god doth not consent in any wise to do any thinge contrary to the godspell contrary to the apostols contrarye to the Prophettes or contrary to the ordynaunces of holye fathers ¶ Also in this thynge agreeth Isodore and saythe If that he whiche hath rule do him selfe or commaunde any other to do any thynge that is forbydden of god orels if he do leaue vndone or bid any man leaue vndone that whiche god hath commanded the sayenge of the holye apostoll saynt Paule muste be rehersed vnto hym YEA if we our own selfe saith saīt Paule or an angell of heuen do teache you any otherwise thā we haue toucht cursed be he And if any man do forbid you that which shulde do ageynst god obeieng the iudge whan he commandeth moche more then shulde he do ageynst god folowyng onely the dispensation and licence of the iudge ¶ Saint Thomas also is of the same opinion for he in many places of his werkes which partli we haue afore rehersed doth plainly shewe that the prohibition of mariage as concernynge degres of consanguinite and affinite whiche be expressed in the olde lawe do belonge to the naturall and morall preceptes And that the pope can in no case dispēse with those thinges whiche belonge to the natural law and to the lawe of god ¶ with saint Thomas agreeth Alexander de Hales Dunse Richarde de Media villa Durandus Albertus magnus Franciscus Maro Gerson Gabriell Biel Herueus Iacob Almain Barnardus de Trilla Antoninus Florentinus and many other beside these whiche playnely do saye and holde stiffely that it can not be proued by no good richt that the pope can in ani case dispēse with any of those prohibiciōs that be made by the lawe of god and by the lawe of nature For they saye that it is not resonable that they whiche be of lyke power shulde haue power one ouer thother thā it shuld be moche ageinst reason that the inferior shulde lose or dispense with that the superior hath bounde or bynde men to that thinge whiche the superiour hath not bounde men vnto ¶ FVRTHERMORE besyde these reasons of natural honestie shame and reuerence whiche we haue shewed afore an other cause of this Leuiticall prohibicion That a man shuld not marie his brothers wife is the wyl of god whiche is the very and trewe Iustice. For god wyll not this thinge or any other bycause it is iuste and richt but therfore it is iuste and richt bycause god wylleth it as saynte Augustyne saith

of all the holle worlde if his conscience pricked hym for suche incest wyll not feare the terrible iudgement of god Fyrst leest he shulde prouoke and brynge vpon hym selfe the vengeance of god as dyd the sonnes of Cain the whiche were drowned in Noes floudde by cause they did fouly abuse their systers and their brothers wyues as approued doctours do saye Seconde lest he shulde be constrayned to flee his countrey and his children either to be distroyed or disherited lyke as the kynges of Canaan were serued and as it came in tyme paste to the kynge Iechonias Finally leest that after this lyfe he fall also into the tourmentes of euerlastynge punisshement For here you se before your eies the sacre holy lawes of god here you se the lyuely prophecyes and wordes of excedynge vertue and strengthe the whiche be more persynge as Paule sayth than any double edged sworde whiche ronnethe through til they haue diuided the life and the soule and haue deuided the ioyntes the mary whiche wordes seing they be so playne and open that if any man will adde and put any thinge vnto them it shulde be ieopardie leest he shulde be reproued and founde false and a lyer accordynge to Salomons sayenge Forsothe it becometh a christen harte more to regarde the wordes and auctoritie of god whiche so doth forbydde so hath in abhominacion so dothe punysshe and reuenge suche matrymonie that is contracte with the brothers wyfe than any maner auctoritie of men or any felicitie of this worlde that shulde brynge a man to so great vice and vngodlynesse to so great dedly remorse and tearinge a sondre of a mans mynde and conscience For who doth nat vnderstande that we ought rather to obeye god than man and that hit shall be smalle proffyte to a man if he wynne all the worlde and lose his soule For if he lose his soule he leseth his body also And truely it is a heuy wynnynge for the whiche a man leseth hym selfe that is to saye his bodye and his soule into euerlastynge damnacion ❧ The seconde Chaptre THerfore all thoughe a good and a christen reder after that he hath ones sene these sayenges of god can not resonably desire any thyng more to moue his cōsciēce that he shud surely beleue that he can nat breake this Leuiticall forbyddynges that a man shulde nat marie his brothers wyfe without greuous sinne and transgression both of the lawe of god and of the lawe of nature also we neuerthe lesse wyll brynge forthe also wytnesse of the lawe of the gospell suche as shall be thought to helpe for the clerynge of this matter and also we shall shewe what the sacre holy counsayles and the best lerned and moost approued doctours of the churche haue iuged in this matter And first of al the auctoritie of saynt Iohn̄ and saynt Paule doth maynteine and confyrme the sentence of these vniuersities The auctorite of saynt Paule where as he gyueth his iudgement that christen men euen at this tyme are bounde to kepe that other Leuiticall lawe that a man shulde nat mary his stepmother whiche law was made and publisshed in the same place the same text by the same sprite and the same selfe tyme that this other law was that a man shulde nat marye his brothers wyfe And Paule calleth that vnclenlines or fornication vtterly agaynst Nature and beastly that a man shulde marie his fathers wife Ageyn the auctoritie of saint Iohn̄ is playn where as he openly rebuketh Herode the kynge sayenge It is not leful for the to haue thy brothers wyfe For what so euer the interpretatiō or vnderstandyng of those wordes is whether they be vnderstande of his brother beyng a lyue or deed yet this thynge is sure as it is also sene to great lerned men that saynt Iohn̄ dydde take those wordes out of the Leuiticall boke And by cause that those thynges whiche he did saye shulde haue the more auctorytie strengthe and vertue he pourposely did rebuke and reproue the shamelesse incest life of Herode not bi his owne wordes but by the wordes of god For it shulde haue bene to no pourpose to haue layde any crime to kynge Herodes charge for this thynge vpon any other cause seinge that Herode was an alien and an heathen and therfore was not forbydden by none other lawe wherby he myghte not marye his brothers wyfe ye and thoughe his brother had lefte .x. childerne by her for as the prohibitions of the lawe Canon they were nat that tyme made the lawe Deuteronomi dyd bynde the Iues onely wherfore seinge that this no doute most rightfull sentence of saint Iohn̄ was giuen agaynst kynge Herode an hethen man generally and without any exception lymitation or distinction nor hit is nat restreined vnto the wyfe of his brother lyuyng or of his brother leauyng children what other thynge shulde we thinke that saynt Ihon̄ did meane then that this Leuiticall lawe that a man shulde not marie his brothers wyfe dothe indefferently belonge vnto all men as well hethens as Iues by cause it is merueilous agreable with naturall reason and that all christē men are necessarely bounde vnto the obseruatyon or kepynge of the same as well as they be to the kepynge of the cōmandement of god and of nature For though we graunte that Moses lawe was not taken a wey specially amonge them vnto whom the gospell was not yet shewed vntyll suche tyme as the gospell and this happy tidinges of Christ was published and openly declared vnto them yet all that euer is conteined in Moses lawe as many as belonge either to iudgement or to cerimonies they were deed by and by and of no strength vnto them which all redy did knowe and did preache and teache that Christe grace or fauour of god and the gospel was come And truly it is not reasonable to beleue that Iohn̄ wolde haue vsed suche witnesse or that he wold haue shedde his bloudde and haue died in the quarell to maintaine the truth of those lawes whose credence auctorite he knewe well before that they were allredy vaneshed a wey of nomore effecte or at leste that they shulde ceasse and be takē awey sone after Furthermore Paule dothe greuously rebuke the hedes and rulers and the comunalte of the Corynthes by cause they suffered one of the citye of Corinthe to be conuersante amonge them vnpunyshed whiche beynge blynded I wot not by what errour parauenture by pretence of lybertie of the gospell hadde takē his stepmother to wyfe Ye and more ouer he dothe condempne the same selfe felowe vnto the most greuous punishemēt of excōmunication not so moche by cause he had done agaynst the lawe as bycause he hadde done ageinst nature saynge that is suche fornication as is not euin amonge the hethens whiche be led or ruled by the lawe of nature menynge no doubte that nature dothe abhorre that one the same selfe flesshe that is to sey the fader and the son

perfecte faith hope charitie than the Iue muste be moued to kepe these forbiddynges only by his feith by the holy goste more thā the Iues by the letter law For god forbyd that the holy bonde of loue charite betwene kinsfolke that the faste knotte of mariage whiche in no wise oucht to be vndone the working of the lyuely trewth and of reasone whiche naturally moue a man to goodnesse shulde not be iudged as holy as cleane as vnfilthy as pure as chaste and as well to be obserued amonge christian men as they were in tyme passed amonge the heathens and the Iues. And god forbydde that christian men shulde chaunge the libertie of the spirite in to the fylthines of the body for if they that flee the foule pleasures of the worlde for the knowlege of our sauiour Iesus Christe be agayne intangled and ouercome with the same they be in worse case nowe than they were before at the begynnyng For it were better for them neuer to haue knowen the wey of iustice and vertue then after that they knowe it to tourne away ageyn from that thynge that was geuen to them by a great and a holy commaundement ¶ Certes if Noes sonne did not escape vnpunisshed for discoueringe the foulenes of his father nor the Egiptions nor the Chananeis for the discoueringe of their owne kynsfolke and of them that were nigh of their bloudde for the whiche dede god by his godly iudgement and sentence dydde spue them out of their lande whiche were heathens Howe shall a christian man auoyde the displeasure and vengeaunce of god if he committe the same thinges that they were punisshed for For knowe you this well and take good hede of it that no fornicator nor lecher nor fylthy persone shall haue herytage in the kyngedome of Christe and god ¶ Nor truely it nedeth not that our aduersaries shuld demāde of vs why Christ did not make expresse mention of the Leuiticall lawes in the godspell if he wolde haue had them liued and indured amonge vs still after the Synagoge or olde lawe was deed For truly he did not make expresse mention of them by cause he hadde cōmaunded longe before that they shuld euer to come continue and neuer fayle seinge that he dothe abhorre suche fylthy mariages and curseth them not onely amonge the Iues but also amonge the heathins meaninge that he will moche more abhorre them if they be a monge chrystyan men ¶ And bycause he did commaunde playnly in the gospell that the iustice and goodnes of vs that be christians shulde passe the iustice of the Scribes and the Pharyseis where in a generall rule that we whiche be called christian men shulde not be wors in any thing then the carnall people but that we shulde be better then they in all poyntes ¶ Nor we must not thinke that no thinge is forbid bi the law of god but that which is expresli and plainly set out in the gospel For the apostols write and publisshe many thynges whiche they toke of the very mouth of Christe and yet they be not written in the boke of the newe testament ¶ And the catholike and vniuersal church hath approued many thynges for goddes lawes of the which there is neuer a worde spoken in the newe testament as is this That confession in no case ought not to be disclosed and suche other thynges For so doth Dunse also proue that the secrete confession in the eare is of the lawe of god not bi cause it is written in the newe testament but by cause it can not be shewed whan it was fyrste begonne Playnly it is heresye to affirme that there is nothynge goddes lawe but that whiche a man may poynte vnto with his fynger in the newe testament For by this meanes the sacramentes shulde be taken a wey shulde be receyued onely by the constitution of man Nor truly there is no mention made in the new testamēt of the forbidding of mariage betwene the father in law and the doughter in lawe whiche thynge neuerthelesse to be forbidden by the lawe of god saynt Hierome doth testifye ¶ And also if our aduersaries wyll stycke and holde them to this than let vs occupie vsurye and lette vs gyue money by exchaunge and require it ageyn with vsury lette vs also haue many wyues and lette vs couple our selfe with al maner of bestes nor lette vs not paye the tythes of all our frutes to the prestes nor let vs not confesse our synnes to them nor lette vs not go to them whan so euer there is any doubte betwene bloudde and bloudde betwene lepri and no lepri For there is none of these expressely commaunded or forbydden in the godspel or in the writinge of the apostols but for to bynde vs to the keping of them be cyted and alledged the wrytynges of the Prophettes ¶ But this thynge dyd lychtly deceyue them that be ageynst the libertie and fredome whiche we haue by the gospell bycause they did not knowe the difference betwene the newe testament and the olde the gospell and the lawe Christe and Moses whiche if they had knowen very wel they shulde not haue ben so foule deceyued and blynded in this matter And contrary bycause they did not discusse them and seke them out to the vttermoste nor did ponder and way them so diligently as they shulde haue don we se that by this meanes they were brought in to this errour that they thought that euery thinge whiche is not expresly forbidden in the newe testament is laufull for christian men to do By the whiche errour we do thinke that the same man of Corynthe was deceyued whiche maryed his stepmother For seynge that he harde the lybertie of the godspell by the whiche we were made free frome the lawe of Moses greately commended and preysed of the apostols and knewe that it was forbydden by no lawe of the godspell to marye whome so euer he wolde streychte he abusynge the sayde libertie dydde agaynste the Leuiticall lawe marie his fathers wyfe But he was mooste rychtfully condemned of Paule not only bycause he had broken Moses lawe whiche forbiddeth it but bicause he was disobediēt to the honestie of nature whiche naturall honestie the godspell hath euer approued and it shuld be suche a pestilēt exemple of a mooste leude libertie amonge christian men as euen amōge the hethins bycause of the reuerence of nature coulde in no wise be suffred to be don ¶ AND TRVELY HITHERTO most gentyll reder we haue serched out the holy secresy of the scripture of god deuoutly and reuerently for this intent onely with peyn and labour to seke out and to mayntein the truthe and suche argumentes and reasons as semed after our iudgement to make most for this matter we haue soucht them oute of the definition and very substance and nature of those thinges that we treate vpon wherby thou mayst playnly perceiue moste gentil reder that these Leuiticall lawes whiche forbydde that we shulde