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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

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shuld haue to do with one womā by this it can not but be euidēt clere to euery man that seing Paule doth iudge that this lawe of Moses that no mā shuld mari his stepmoder ought to be kept euē now amōge christē men And seing that he doth openly sey that such fornication is vtterly vnnaturall and beastly where a man hath a do with his fathers wyfe that is to say with her that is nyghe vnto hym he semeth playnely to meane thus that surely moche lesse it is lefull for christen folkes to marye women that be more nere of theyr bloudde and that al those thinges which be rekened vp in the same Leuiticall lawe be doubtles in lyke maner forbydden for as moche as al those prohibitions be groūded vpon one reason that is to saye bycause the man the woman be one flesshe and therfore be agaynste the honestie and shamefacednes or demurenes naturall And this same thynge is proued also manifestly by this that the apostel in the same place also doth vse this worde of fornicacion by the whiche worde not only he but also all the other apostelles all moste euer more in their writynges are wonte to comprehende all those vnlefull maryages and foule couplynges that be forbydden in the boke Leuitical For vnder the same maner also Paule priuely and couertly dothe no doubte condempne all those which breke these prohibitions of matrymonye and foule vncleane vnlefule and to god abhomynable commixtiōs where he exhorteth the Ephesyens that no fornication or vnclennesse or fylthynes shulde be ones named or spoken of amonge them and wheras he writinge vnto the Galates techeth them that fornication vnclennesse and lechery be carnall workes For saynt Hierome declaring the same selfe place saith The first worke of the flesshe is fornicatiō the whiche amonge the other .vij. vices is the mooste greattest synne bicause that by the vncleanes of the flesshe the temple or church of god that is to say the soule and the body of man is polluted and defiled The seconde worke of the flesshe is called vnclenes whom foloweth her companion lechery For as in the olde lawe where it is written of crimes and sinnes that be nat to be spoken whiche are done secretly and it is a very foule thing euen to name them lest the mouthe of the speaker and the eares of the herers shuld be defiled all suche vyces the scripture hath comprehended them generally sayenge Make you the children of Israhell to be shamefacid and aferde of al vnclenes Euen after the same maner the apostel in this place also doth name and call all other extraordinary and vnlefull pleasures and also the actes that be done in mariage selfe vnclennesse and lecherye if they be nat done with shamefacidnes and honestie and as vnder the eies and in the syght of god and onely bicause they wil take peyne and do their duetie to bringe forthe childerne For saynt Augustyne writeth that lyke wise as vnder the name of thefte in the .x. commaundementes is vnderstande all maner of vnlefull vsurpynge or medlinge with an other mans good and vnder the name of adulterye must be vnderstande forbidden al maner of vnleful medlinge to gether and all maner of vnleful vse of those membres So pleinly all maner of vnlefull couplynge or maryeng to gether of man and woman is called in scripture foulenes and all adulterie and foulenesse or foule and vncleane marienge also in scripture is called fornicacion For al though as Isodore saithe al men that do leudely abuse theyr bodyes haue nat one wyll of theyr foule dealynge yet howe some euer a man dothe pollute hym selfe by pleasure of the bodye all is called fornicacion For of delyte and pleasure of doing fornicatiō there come many diuers foule lustes and vices ageyne whiche the kingdome of heuen is shutte and man deuided departed frō god Furthermore the apostels in the coūcell that they called kept through the holy gost in Hierusalē went about to p̄scribe shew what poyntꝭ of Moses law they that had ꝓfessed Christes religion were become Christes men shuld be boūd to kepe or to forbere they made a decre worde for word as here foloweth It is thought cōuenient vnto the holy goste to vs that there shuld be no further burdon laide vpon you than these necessary thynges that is to saye that ye abstein from contaminations of idols from fornicaciō from eatinge of beastes that be strangled to dethe from eatinge of bloud of beastes In the whiche place doubtles they couertly vnder the generall name of fornicacion dyd forbyd all maner of couplinge and mariage vnlefull and prohibite by the lawe and dyd prohibyte the selfe same thynge whiche was vnderstande vnder the name of fornicacion after the meanyng and entent of the olde law For seing that they do forbid fornicaciō euen so as it is forbid by the rules and cōmandementes of the law it can nat be but we must nedes thinke that here in this decre of the apostels mariages vnlefull contrary to the disposition of the lawe be also forbydden For of those mariages there was no nede for the apostels to haue made further constitutions or newe prouisions for them for that thinge that is nat changed wherfore is it forbydden to stande And seinge that these Leuitical lawes of god were nat chāged it foloweth that they dyd stande styl in their olde strengthe and auctortie and by this reason the apostels had no nede to make a newe lawe but forbyddynge fornication generallly dyd forbyd all those vnlefull mariages that god had forbydden before in the .18 chaptre of the Leuitical ¶ And therfore lette no man flatter and glose hym selfe as though these cōmandmentes were light or these reasons of litle weight or regarde whan that you se euidently that they be great foūdacions and groundes of our feythe layde by the holy counsaile of the apostels and as ye wolde saye the stronge pyllers and vpholders of the churche to dryue out fornicacion and idolatrie vnto the whiche thynge these fornicacions came verye nere For euerye christian man doth perteyne vnto the churche or companye for the whiche Christe willingly gaue hym selfe to sanctifie it and make it sacre and holy and to purge and clense hit with the wasshynge of water through the worde of lyfe And ageyne al we be membres partes of Christes owne bodye and we be of his bones Therfore we had nede to take sure kepe that no man with foule and vngodly mariages do defyle and pollute the temple or churche of our lordes body wherin dwelleth the spirite of our lorde For who so defileth the temple or churche of god our lorde shall distroye hym Wherfore me semeth that it is declared manifestly inough by these forsayde reasons that these prohybicions of mariage haue auctoritie and strength euen at this day nat onely by Moses lawe but also by the gospell and by the ordynaunce of thapostels and they be both
people oughte not to kepe them bodely or as the bare letter and wordes doth speke but we muste consyder what they sygnifye and we be tought by the apostels owne wrytynges that we must kepe suche lawes spiritually not corporally for whan we rede any suche thynges in the instrument of the olde testamente whiche in the newe testament we other be not commanded to kepe or vtterly forbyd to kepe them we muste not rebuke it but we must seke out what is the gostly meanynge of it For in so moche as we do no more obserue it that proueth not that it is damned in no wise to be receiued but that it is fulfilled And therfore this same selfe thynge that Faustus bycause he dothe nat vnderstande it hathe layde against christian men as a crime and greuous offence serueth for nothyng elles in the worlde but onely to shewe mistycally vnder a fygure and cloude a spirituall purpose it is this that euery preachour of the godspell is boūde so to labour in the godspell that he stir vp sede vnto his brother departed that is to Christe whiche dyed for vs. And the sede that shal be stirred vppe muste haue the name of the brother that is departed wherfore we be called Christiās and therfore without doubt we nowe be bounde to kepe and fulfill this lawe not carnally by bodily generacion after the olde meanynge and takynge of it but spiritually and by gostly generacion and after the trewe vnderstandynge And for this saint Paule the apostell fulfylleth this lawe spiritually where he is angrye with them whom he saythe hym selfe to haue engendred and gotten throughe the godspell and the worde of god to Christe Iesus his brother and not to him selfe nor to none other mā And therfore doth sharply blame rebuke them whiche wolde be called Paulins or Paulis men what saith he was Paule crucified for you or were you baptysed in the name of Paule as if he had sayde I begat you to my brother whiche is deed that is to Christe Be you called therfore Christians Christes men not Paulins or Paulis men ¶ Agayn in his boke of questions vpō the Leuiticall and in that worke also that he named the Myrror he saith that this forbod that a man shulde not marie his brothers wife and al other thingis that be forbyd in the .xviij. chap. of the Leuiticall we be bounde without doubte to kepe them nowe in the tyme of the newe testamēt and lawe of the gospell whan the obseruaunce and kepynge of the olde shadowes and bodily or outwarde tokens is taken away ▪ For what soeuer thynge as he sayth in an other place dothe helpe and serue for vtue good maners lykewyse as they were not ordined to betokē any thinge but to shewe vs howe we muste lyue so they ought nat by any interpretation or vnderstandyng be applied to any signifyinge or tokenynge as if they were but signes tokens of thynges But as many as be of Christes religion and beleue be bounde of necessitie to kepe them euen so as they be spoken And in an other place he saith Although in tyme paste men maried their sisters yet that thing was done bicause necessite compelled mē vnto it for as moche as thā were so fewe people but this thīg is not so olde nor was neuer so necessary but it is now as damnable bicause that religion dothe forbyd it For it ought to be done than whan it might bicause that by mariēge of sisters there might be plentie of women so that by processe they might take wiues whiche shulde nat be their sisters but afterwarde ones that this necessite ceassed that there were women inoughe this thynge oughte not onely to be vndone but if it were done it shulde be a crime not to be spoken For I wote not howe saith he there is amōge all the poyntes of mans shamefacidnes one certayne natural cōmendable poynt and it is this that to what so euer woman we be bounde to do honour with reuerēce and shamefacidnes our carnall luste yea thoughe it be for generation yet by cause it is carnall luste we refrayne it from that woman specially considerynge that we se maryed folke namely that haue shame honestie to be ashamed of suche luste ¶ Nowe here thou seest gentyll indifferēt reder what is the iugement of these great diuinis wherin thou shalte call to thy remembrance .iiij. or .v. thynges Fyrste what so euer persone of Christes beleue breke any of these Leuiticall prohibitions of maryage he shall be damned bothe bodye and soule in to euerlastynge deathe of helle Seconde that not onely the Iues dyd absteine from marienge their brothers wyues euen as ye wolde say for feare of some mischiefe yet they mighte haue done it by auctorite of their lawe but that the very heathens also after the deth of their wyues dydde euer more absteyne from maryinge of their wyues sisterne as from a certayne impietie or abhominacion agaynst nature Thirde that mariages contracte contrary to these prohibitions be vncomely and abhomynable and as nere as can be to the lyfe of brute beastes and suche as christian people shuld nother abyde to here them spoken of nor yet to thynke on them and that they be cleane contrarye to charitie ye and furthermore that they be the transgression and breking of all the lawe Fourthe that they be so greuous and so hateful in the sight of god that they haue distroyed hole nacions polluted the lande and being polluted caused hit naturally to grudge to put them out which had cōmised suche thinges doutles bicause that god did take vengeance at the grefe and complaynt of the lande Finally that these prohibitions perteyne not onely vnto the Iues but to all christians whiche come to serue god and that they whiche be polluted and corrupte with any one of these not to be spoken dedes is defyled with them all and that god is angry with them and wyll not dwell with them and contrary that the spirite of god dwelleth in them that kepe them selfe cleane from suche foule couples And seynge that these foresayde thynges be true it is prouided as playnely as can be that these Leuitical lawes be out of doubte the cōmandementes of god and that morall cōmandementes ordined for thincrease and mayntenaunce of honestie ▪ and vertue and that they muste not be kepte after a spirituall and a mysticall vnderstandynge as Isichius saith more than after the playne letter and euen as they be spoken namely amonge christian folke For as many as be trewe Christes disciples the spirite of god dwelleth in them and if there be any that hath not the spirite of Christe he is none of Christes And therfore christian people specially had nede to be holye and not to suspēde the temple or churche of god with suche abhominations or any other vice but it becometh them to be innocent from all maner of foulenes and vnclenlynes ¶ And marke well this thynge also gentyll