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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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to pleasure and wolde folowe the myscheuous example of the patriarche Iacob that maried his wyfes syster and wolde mary with theyr wyues systerne ye and that theyr wyues beynge a lyue But nowe what shall we do whether shal we confesse and graunt those thinges that be written or shall we apply our wyt to be somwhat curious and to serche out those thynges that be wrapped vp in silence It is not prouided fore here in this lawe that the father and the sonne shulde not vse one harlotte and yet the prophet iudgeth them worthy of as greate rebuke as may be where he saythe Lo the father and the sonne go to one woman Fynally howe many and diuerse kyndes of synne hath the crafty dyscipline and scole of the deuell inuented the which the scripture of god passeth ouer in secretꝭ sylēce and that for this cōsyderacion and intent by cause the scripture of god suffereth not her honourable and reuerende maieste to be contamined and disteyned with the names of so fowle vyces but scripture comprehendeth all maner of vnclenlynes vnder generall names Lyke wyse as Paule the appostle vnder this one general worde vnclenlynes comprehendeth all maner of vnclenlynes not to be spoken impurites of man and woman ▪ where as he sayeth Let nother harlottry nor fornicacion nor yet no maner of vnclennesse be ones named amonge you as it besemeth saintes So by this we may se how true it is that the sylence of scripture can not helpe vs that we shulde haue lybertie to fulfyll our fylthy pleasures ¶ How be it we iuge that the lawmaker did nat vtterly holde his peace in this matter but that he hath forbidden this thing as diligently and as vehemently and streitly as can be For seing he saith Thou shalt not approche to no woman that is nere of thy flesshe and bloudde to discouer her foulenes or priueties This sayenge dothe comprehende also our kynne by affinitie For what kynne can be more surely knyt or more nere to a man than his owne wyfe or to speake better than his owne propre flesshe or body For nowe they be no more two bodyes but one flesshe or bodye And for this cause hit is not laufull in any case for the wyues sister to approche vnto her sisters husbande which is nere of her kyn For like wise as we absteyne from our stepmother as we do from our owne mother and hit is as vnlefull to marye our wyues doughter as our owne doughter euen in lyke maner we maye not mary our wyues syster no more than we maye our naturall systers And on the other syde among women this reason of kynrede hathe place in lyke maner for women be forbydden to medle with the nigh kinsmen of their husbandes as the men maye not medle with the nygh kynswoman of their wyfes seing that the rightes and lawes of kinred do al of lyke bynde them bothe the women as well as the men as it is euidently knowen ¶ But I do admonisshe and saye vnto all men whiche thynke any thynge on mariage that the floure and state of this world taryeth not and there is a shorte tyme to come to th entent that they whiche haue wiues shulde behaue them selfe as if they had no wyues ¶ That if any man on the other syde wyll ley ageynst me this saynge of god Increse you multiplie then wold I laugh at the mans vndiscretnes whiche dothe not consyder the tymes whan the lawes were made and what were the occasions of makynge of them For seconde mariage is permised to auoyde fornicaciō and barlatry with commune women and concubynes and to comfort the impotentnes great frailtie of nature nat bicause it shulde be if I may so call it a gardeuiandes or mainteynaunce to intemperaunce and excesse of suche pleasure and therfore sayeth the apostell They that can not refrayne and forbeare let them mary Howe be it they that mary not do nat against the lawe thoughe they marie not But suche kynde of men that wolde marie their wyues systerne bicause their iugement and vnderstandinge is all blynded with a shameful and an infamous affection and lust they loke not ones vpon nature which long sins hath diuised certayne and speciall names the whiche shulde shewe of whens euery man is borne and where a mā marieth .ij. systers this canne not be for they that be borne of suche couchinge to gethers what name shall one of them call the other bretherne or cosyns that is systers childerne For soth by the meane of this mingle they may call eche other indifferently both bretherne and also cosins with great cōfusion both of names of kynred also wherfore O man make nat thy babes a stepmother in the stede of their other mother or aunt by the moder side Nor arme her not with cruell ielosyes and spytes of stepmothers whiche ought before of nature and kynde to cherisshe thy children euen lyke a mother where as nowe vnto them that thou haddest bi the first sister the .ij. sister if thou marie her muste nedes be a stepmother for of stepmothers only the hatred malice is so egre that it reuengeth displeasures after the dethe of them that they be displesed with And where as in all other discordes deth maketh peace the spyte and malyce reygnethe and ragethe in them euen after deathe ¶ For a conclusion of this matter if a man desyre a wyfe accordynge to the lawe the world is wide he mai haue choise inough But if he regarde not the law but his lust so moche more he oucht to be withstande for to lerne him to kepe his vessell cleane accordinge to honestie not to the desire of the flesshe I was about to write more vnto the but it shuld be out of measure for a letter and I pray god that other this our admonicion may preuaile ageinst all suche foule affection and lust or els that this pestilence come no nere vs but that it maye weare out in the same places where as suche shamefull boldenes fyrst beganne ¶ On these mennes syde is also Isichius Gregorie Nazianzens scholer an excellent lerned man in holy scripture For he expouninge this place of the Leuitical sayth thus The intent of al this proces is this that we shulde absteine from all vice and do those thynges that be vertuous For the lawemakers intent here is this to restreine vs frō all lechery and not to be spoken mariages and from fornication both spirituall carnall wherfore whan he gyueth these forsayde commandementes he saithe I your lorde god whiche wordes he spake for this cause that whan we perceyue that he whiche cōmanded vs to do these thinges is our creatour and made vs of noucht and that he is our lorde and god we shulde with all herte and mynde applie our selfe to kepe the thinges which he commaunded For god dyd not in one place of the lawe gyue twise commaundement that they shuld do his iudgemētes and kepe his cōmandemētes
haue ben as wel forbidden to mary as they that be of consanguinite but there hadde ben a greatter cause why they that be of consanguinite shulde be forbidden then they that be of affinite truly so wise lawe makers wolde haue boūde these persones of consanguinite vnto a streiter bond of mariage then persons that be onely of affinite and not bothe vtterly of lyke and in one degre But nowe seynge one selfe same prohibicion of the lawe of god dothe conteyne all persons aswell of consanguinite as of affinite in the fyrste degre and of the fyrst kynde and that bothe by the lawe of god and the lawe Canon we ought to absteyne aswell from these persons that be of our wyues bloudde as from them that be of our owne bloudde by cause that man wife be bothe one flesshe bloud as witnesseth this sayinge of god They shal be .ij. in one flesshe And bycause that the kynred of bothe sydes that is to say of the mans side and the womans side ought to be compted cōmune to them bothe truly we shulde take our brothers wyfe euen as our owne natural sister as touching the ꝓhibition of mariage like as our doughter in law ought to be taken of vs euen as our owne doughter as saint Augustine sayth ¶ And that the secōde also is very true it is very euident playne For he that marieth his broders wife taketh his fathers flesshe bloudde to mariage The whiche thing plainly is ageynst the law of nature For seinge the husbande the wife be one flesshe bloud truely he that taketh his brothers wife takethe also the flesshe and bloud of his brother as for our brother is the flessh bloud of our fader moder that more nerer vnto them than any of both theyr sisters bicause he is their owne son Therfore if it be forbiddē by the lawe of god also by the lawe of nature to marie our fathers sister or our mothers sister or els the wyfe of our fathers brother or mothers brother whose wyues be but of affinite to vs that onely in the seconde degre truly moche more it shuld be ageynst nature to mary our brothers widow For the nerer that they come to the stocke to be one flesshe bloud the more thei ought to be forbid But our brother is more nerer vnto our fader as it is aboue sayd then is either of our vncles or auntes ¶ And here be proues inough by the whiche we haue shewed as it becommed vs that these Leuiticall prohibitions that we shulde not marye our brothers wyfe c. come of naturall reason ¶ Nowe there remaineth to shewe how the same be toucht vs by the sayde naturall reasone accordynge to the reules and teachynge of generall iustice or vertue for to fourme and ordre the maners of men And this we dyd proue partly before and nowe we shall speake of this same matter more largely For the reule of commune Iustice or vertue dothe teche vs tho thinges only whiche in the maners of all men vniuersally be good euyll rychte croked iuste vniuste and suche as ought to be folowed or auoyded euen of them selfe and for the obteynynge of euerlastynge blysse And truly there is no man but sayth that tho thinges whiche be forbyd in the Leuitical lawes be such thinges For fyrst they perteine and serue to facion and order mennes maners For here truely we calle the MANERS of men the outwarde dedes of men and also the inwarde affectiōs and disposytions of the mynde what so euer they be that come of morall vertue the whiche who so euer dothe kepe and performe it shall be sayd that he lyueth well and doth well and he shal be called verely and truly a good man Nowe as for these Leuyticall lawes do not onely belonge to chastite but also to PIETIE by the whiche as Cicero defineth we be taught to do our duetie and dyligente honoure and seruice to our countrey to our parentes and to them of our bloudde and vtterly to all men all that ryght and reasone wyll we shall do This thynge the fyrste lawe of maryage declarethe playnely inoughe whiche is this THIS BONE nowe is of my bones and this flesshe and bloudde of my flesshe and bloudde For the whiche thynge a man shall leaue his father and his mother and shall stycke to his wyfe The whiche sayenge all be it other men drawe it to the dwellynge to gether of man and wyfe and other to the loue that ought to be betwene them to vs it semeth that these two thinges were chieffly commaunded vs in this lawe Firste that the housbande shuld euermore with out any departynge sticke to his wyfe Seconde that no sonne shulde mary with his mother nor no doughter with her father But for this thinge that is to saye bicause the strength and power of mariage is suche that it gleweth faste to gether with streite and moste holy bonde the man and the woman and dothe make of them that be .ij. seuerall and distincte persons one body and one flesshe therfore shall man leaue his father his mother shall sticke to his wife that is to saye man shal absteyne from the mariages of father and mother nor shall not disclose their foulenes nor shame them agaynste the holines and chastite of maryage and agaynst naturall honeste and shamefacidnesse and against reuerence whiche by nature is due vnto them For seynge that those persons be ioyned moste nye vnto vs longe syns by the bonde of bloudde and cōsanguinite to whome also nature teacheth vs that we shulde owe other loue shamfacydnes and reuerence be syde the loue and reuerence of mariage truly if they shulde ioyne them selfe to vs by maryage bothe the cause why maryage was ordined shulde lacke the chiefeste and beste ende nor shuld not take effecte and shamefacydnes honor and reuerence naturall shulde be vyolate and broken contrary to all comelynes and goodly behauour ¶ And that this was the very reasone and intente of the Leuiticall prohibitions this thynge playnly declareth For god did put to the cause of the forbyddyngis after thē which is this For it is the foulenes or shame of the father it is the foulenes shame of the brother so forthe so that if one wolde aske why it is not lauful for vs to mary our stepmother to discouer her foulnesse there it is answered For her foulenes is the fathers foulenes whiche is one body and one flesshe with the father And if a man wolde demaunde agayne why it is not laufull to discouer the foulenesse of thy father the answere is by cause he is nieste of bloud to the to whome thou must before al other do honour reuerēce cōtrary to do him sham villany it is an vnlouinge and not to be spoken dede And plainly so did Sem Iaphet iudge which tought by the prescriptes of nature before any lawe was written couered them selfe with a
and reasonable that as amonge the Iewes the transgressour of theyr lawe was punisshed accordyngely for marienge out of their tribe and kinred for to conserue their erthely heritage so amonge vs christian people it is ryght and resonable that the trāsgressor of our lawe be punisshed to thintent our heuenly coūtrey and godly heritage may be encreased ¶ Yet an other reson As they were forbidden to marye out of thayr trybe or stocke euen so they were forbydden by the selfe same lawe to medle with them that were nexte of their bloudde For the lawe saith No man medle with her that is next of his bloudde and the lawe putteth vnto the auctoritie of the commander sayenge I the lorde and as though they had required a cause and a reasone why it was so cōmaunded the lawe putteth vnto Thou shalt not open and dyscouer thy fathers foulnes nor thy mothers by cause it is the foulnes or fylthines of thy father and thy mother And afterwarde streyght folowynge he reakenneth vppe in ordre those that be nexte of bloudde with whom we muste not medle nor open or discouer their foulnes that is to witte brotherne and systerne and other that be there described The whiche cause and reasone may be also commune vnto vs and to them euen lyke as the commaundement is cōmune bothe vnto vs and to them Therfore let vs seke what foulnes is this whiche who so discouereth and openneth is wourthy to die for it It is a foule thynge whan one parte doth not agre with the other And before the transgression of the fyrste man Adam in all mannes body there was no thynge fowle fylthy or vnclene no partie contrary nor rebellious to a nother For while that same harmony and swete agrement well and commely proporcioned by the hande of the creator and maker god did yet remayne one partie dyd agre with an other and the soule was subiecte and obedient to god and the body was subiect and obedient to the soule in al pointꝭ But after that by breakynge of the commaundement of god the soule was made inobedyent and stubborne and rebellious agaynste god his superiour the body inferiour was no lenger obediēt to the soule his superiour For streight the trāsgressours Adam and Eue had theyr eies opened And theyr eyes sayth he were opened that is to be vnderstande the one to haue carnall lust vnto the tother the whiche desyre and luste before they had not And where as they before were naked and were not a whit ashamed therof streyghte whan they sawe that the partes of their bodyes were turned in to thynges to be ashamed of went aboute to hyde and couer them and dydde make couerynge for them The whiche thynge we maye perceyue euen nowe in children and litle babes whiche as longe as they fele nor perceyue no stirrynge nor motion of concupiscence or flesshely lustes they haue no partis that they be ashamed of bicause they can not be ashamed of any parte of their bodies But whan they begyn ones to perceyue and fele that concupiscence they can not suffre their priuities to be vncouered Therfore after this harmoni and swete agrement was broken and vndone in our fyrste parentes there happened not a lyttell foulenes and originall punysshement that shulde go with originall sinne frō them to theyr posteritie and to al that shulde come of them And so by cause of this foule bodily luste cōcupiscence that Paule calleth the body of synne whiche is within our body those membres and partes that haue ones serued to this lust and concupiscence be named shameful partes foulenesse and shame by cause they be of knowlege and do wytnesse of our inwarde foulenes that is to sey of our luste and stirynge to fleshely medlynge whiche membres euer more do require to be alway couered and hyd And this foulenes of concupiscēce desire and lust is then opened or vncouerd whā it requireth and taketh vnto it the office and seruice of tho membres that be ordyned for it and dothe falle to practise at whiche tyme all that myghte and power of the reasonable soule or of mans wytte is so dulled so troubled so ouercome and so oppressed ouerlaide by the filthy lust of the flesshe that it may be very well sayde at that time Adam where arte thou That is to say thou that woldest haue ben lyke to god I do not se wherto thou art come And what is more foule than this foulenes what greatter shame is there than this shame The whiche the apostel rebukynge Flie you sayth he fornication All the synne that a man doth cōmit is without the body but he that synneth in fornication synneth agaynste his owne body that is to sey all synnis truely hurteth the soule but yet for all that they foule not the bodye but he that committeth fornication doth not only offend god and foule his soule but also he defylethe and maketh vnhonest all the fayrnesse and goodlines of his body For as a thefe whā he is taken hath a marke bourned in hym with an iron or with fire to his vttre and euerlastinge shame and rebuke so this bodely pleasure was for a punysshement of synne put into our nature which nature by the faute of brekyng goddes commaundement was nowe holly corrupte thorowe and thorowe in euery parte of it bycause that he in whom al our holle nature was and without whom there was no parte of it was al holle corrupt The which foulenes in all persons ought to be couered euer more with the coueryng of shamfacidnes if it were not necessarie for the generation of man for a peyne and punysshement of the fyrste synne And yet there is no suche loue to the generation and encrese of man that dothe suffre vs to discouer this foulenes in those persones of whome the lawe saith that thei be next of our bloudde For these persons by the law motiō of nature self owe this reuerēce of loue charite one of them to an other so that there can be no iust lauful cause why they shulde shame and dishoneste their bodies on this facion nor there can be no honeste excuse foūde or brought in whiche may couer hyde this dishonestie Not bicause I wolde sey that mariages he nat holy and that the bedde is not clene and without spotte synne in the whiche matrimony is kepte laufully with feare of god and for charytable loue and honestye For by suche matrymonye they that mary be made one spirite and one sowle syns that they be made nowe one fleshe And thus bothe by their honest loue and also by their desire to engendre and gette chyldren do so hyde and couer their dishonestie do as ye wolde sey denoure swalowe vp this penall foulenes filthines of mans generation that as the Apostell saythe They that mary be as though they were not maried Therfore as we haue sayde they that were forbydden to mary out of their tribe by the same lawe also
man is made good And as for those iudicial lawes serued not but onely to the orderynge of the Iues amonge them selfe and in those thynges onely that belonged to particular Iustice. The lawes morall haue of them selfe a naturall and morall cause generally to all nations why they were made but there was no cause why the iudiciall lawes of god were made but only the state or condicion of the Iues. The lawes moral be perpetual and vnchaungeable by the consent of al nacions and so remayne and endure by cause they haue their strength and power by the teachynge of naturall reason so illightened although they were neuer commanded by none other lawe These iudiciall lawes be vsed and accustomed onely by ordynaunce ❧ The syxte Chaptre BVt of the licht and trouth of our two worthye groundes principilles that is the definicion of the lawe morall and the lawe iudicial of the whiche two we wyll make a sylogisme or perfecte reason we haue spoken sufficientely Therfore nowe we wyll go forthe with other thinges that pertein to our purpose and shal endeuour our selfe to shewe and declare that tho Leuiticall prohibitions whereby we are forbydden to marye our brothers wyfe and to shewe his filthines is a lawe moral comminge of nature And this thinge we shall brynge to passe perauenture if we make you a reason out of the definitions after this maner ¶ Euery sayenge of god that commaundethe honeste thynges and forbyddethe vnhoneste thynges whiche the naturall reason of man clered by the lychte of the worde of god commaundeth to be done or to be eschewed accordynge to the rule and teachynge of generall Iustyce or vertue and that hath auctoritie and strength euen by naturall reason onely all thoughe it hadde neuer ben ordyned by none other lawe is a lawe diuine morall and naturall But these Leuitical prohibitions be sayenges of god that do forbydde vnhonest thynges whiche the natural reason of man lychtened by the worde of god commandeth to be eschewed after the rule of generall iustice and vertue and haue their auctoritie and strengthe euen by naturall reason onely all thoughe they had neuer ben forbydden by none other lawe Therfore they be godly morall and naturalle lawes ¶ But if that any man here by chaunce wyll by his crafty witte reason and bolde stubbournely that some of those thynges whiche we haue taken to proue our cōclusyon with all be not trewe the texte and the order of the historie and of the place that we haue before rehersed out of the Leuiticall shall sone ouercome him ¶ For truely fyrst of all that those lawes be sayenges cōmaunded to the reasonable creature not by the wyl of man but by the auctoritie or teachynge of god hym selfe the maner the tyme and causes of theyr institution or fyrst ordynaunce do playnely declare yea and this thinge also that is so often rehersed there declareth sheweth the same that is I your lorde god So that we nede no more to doubte of the auctor or maker of these lawes ¶ Seconde the vniuersall catholyke and apostolyke churche hathe shewed that those lawes were taughte vs by the spirite of god and by god by cause that the churche hath putte the .v. bokes of Moses and amonge them the holle boke Leuiticall in the noumbre of these werkes whiche by vndoubted vsaunce and consent of longe tyme the churche hath approuedde and confyrmedde to haue ben wrytten by the spirite of god This same thinge truely the sacre holy coūsayles the honorable Seanis haue decreed the holy fathers priuatly euery man in his workes hath iudged the same thinge till this day hath ben beleued and receiued of all christian men And forsothe seynge that the catholic church hath approuid this thing as strongly as can be and hath publisshed and wytnessed the same openlye to all the worlde that those prohibitiōs the which we nowe speke of be expressely and plainly written in the boke Leuitical and that the boke Leuiticall which can not erre nor lye dothe playnely shewe and declare that these lawes were shewed and spoken by the spirite of god through the mouthe of Moses to the people of the Iues truely no man can say naye but that these Leuiticall lawes be oracles or sayenges that came oute of the mynde of god nor were not made by the ordinance of any man ¶ Thirde and that these Leuitical prohibitions be sayinges whiche do forbydde suche thinge that of it selfe is nought and agayne honestie and suche a thynge truly as the naturall reasone of man lychtened with the licht of the worde of god dothe shewe shulde be auoyded that is to saye the fylthy foule and shameful couplynge with our brothers wife the pith strēgth of this word MAN sheweth declareth by the whiche worde it is signified that they which so come to their broders wife be no lōger men but brute bestes in so moche that god calleth it fylthines a mischeuous and acursed dede abhomination and infamy and a thynge vnlaufull that any man shulde mary his brothers wyfe And this thynge is playne also by cause that god dothe threten to punysshe greuously and sharpely the breakers of these lawes that is to saye that they shall be blotted and cleane wyped out of the myddes of his people and that they shulde be spued out of their lande and they shall dye without chylderne and yet we wyll not speake one whit of the more greuouse and sorer punisshementes For marke wel god threteneth .iij. maner punysshementes to the breakers of these lawes fyrste temporall punisshmente that they shall be caste and banysshed out of their countrey Seconde that they shal be without children whiche punisshment cometh onely of god And thyrdly euerlastynge punysshement that is the banisshment of the soule out of the company of god for euermore For as this seyinge to be put oute of the myddes of his people meaneth not that we shulde be punysshed by any bodely deathe but that we shall not be reckened nor compted in the nombre of saintes or of chosen people And not onely they were thus punysshed but also their bastardes that came of suche forbydden mariages whiche in Hebrewe be called Manzer were forbidden the temple for the Iues call him Manzer whiche is begotten by any of these forsaid fylthy couplinges reken him as a bastarde and borne of an harlot All these trewely were thoughte vnworthye and vnmete to come in cōpany of the people whiche was gathered to kepe and celebrate the feastes and holy dayes or vnworthie to haue any thinge a do or any office in the churche of our lorde wherof this thynge semeth to haue come vp that nowe vnder the gospell bastardes can not be promoted to holy orders ¶ Therfore seynge that god him selfe here doth plainly pronounce and gyue sentence that the Chananes and the Egyptions did defile their lande and spotted it with filthines while that they didde contracte mariage with their brothers wiues and that he for that
marie our brothers wyfe be the lawes of god And more ouer lawes moral longynge to vertue and good maners and not iudiciall And this is no doubte seing that they haue in them naturall reasone fetched from the begynnynge of the worlde euen out of the secrete ordinaunces of nature For we haue proued by the auctorite of god or of holy scripture that as it was ordyned of the moost beste mynde which is god euen so it was ordined vpon the moost beste reason and consyderation that is onely for a zele of chastite of naturall shamfacidnes and other vertues that no man shulde marye his brothers wyfe we haue shewed howe agaynste nature howe fylthy and abhominable it is and vtterly vnmete for a christian man to contracte mariages in that degree we haue shewed howe greatly contrary it is to the ordre of loue and of the reuerence that shulde be betwene kynsfolke and what a confusion it shulde cause of names of kynrede how moche it is ageyn the increase of loue charitie we haue shewed that holy deuoute christian eares do abhorre it and can not suffre to here it spoken we haue shewed that besyde the great punisshmentes and vengeaunce that god taketh on men in this lyfe that also the punisshement of the euerlastinge fyre of helle abydeth them whiche be not afrayde to commit this syn By the whiche reasons without doubte it is euident and playne that these Leuiticall prohibitions be the lawes of god and morall bicause they cōmande those thinges to be don that be honeste and forbydde tho thynges that be foule and inhoneste and suche thynges as the naturall reasone of man clered by the lychte and bryghtnes of the worde of god sheweth that they ought to be done or not done accordynge to the rule of generall iustice otherwyse calledde vertue and honestie and so they be of strengthe and auctorite to bynde man to kepe them euen by the instruction of reasone so illychtned and restored and that thoughe they were neuer commaunded by none other lawe ❧ The seuenth Chapter NOwe seyng that the commun consent of all wryters and expouners of mannes lawe and goddes lawe specially those that be approued by the iudgement of the churche hath stedfastly holden and obteyned as a thynge to be taken for a treuthe that all the morall preceptes of goddes lawe do yet indure sacre and holye and by the lawe of god do bynde vs so streytely and of suche necessite that they be not vnder the power of the churche and that no persone vnder god hym selfe can release the streite bonde of them and lose from them whom it pleseth him Truly it is euident that no pope can bi any dispensation giue licence that a man shuld mary her that was his brothers wife the whiche as we haue shewed you before is forbiddē and that the prohibicion is both the lawe of god and the lawe morall groūded vpon honestie and vertue But bicause that this our conclusion may stonde yet the more stedfastly ageynst al cauillacions false accusations and vnrichtfull out cries and sclaunders of all persones we wyll assaye to declare stablysshe these thynges more largely bothe by other reasons and by other sayenges of auctours In the whiche thinge we be all mooste ouercome with the multitude and great noumbre of them so that scante we can telle where we shall fyrste begynne ¶ But let this be the fyrste That all preceptes whiche be commanded by the lawe of god the law moral do bynde vs to do them so that without remedye we muste nedes kepe them if we wyll be saued For suche cōmandemētes do so expresse and declare the minde of god our lawmaker and be so grounded vpon the precise rule and teachinge of cōmune iustice whiche rule of cōmune Iustice or vertue came of the wyll of god that is moste iuste and moste beste to forme and ordre vniuersally the maners and lyfe of man and finally haue so moche of the nature of very true vertue in them that there can chaunce no case nor no resonable cause be imagened but that if we do contrary to them streicht waye we do contrary to the wyll and pleasure of god whiche specially regardeth the commun helth and saluation of all and do peruerte and tourne vp sette downe the ordre of verye richt and honesti destrue al the nature and course of vertue and fynally it can not be chosen but that we muste falle foulye and wretchedly into shamefulll vice and synne In so moche that what so euer pope wyll go aboute to dyspense with the bonde of them he truely shall do nothinge els but peruerte the ordre of iustice or vertue and breake the course of vertue and giue leude liberte to synne that is to abuse his auctoritie and power to destruction not to buyldynge and settynge vp contrari to the sayenge and mynde of thapostol For thus vsynge his power he shulde destroye vertue and set vp vice For what licence can be gyuen or what recompense can there be for this that a man might haue libertie to synne and not to kepe hym selfe from vice what perdon or dispensation can there be that god shulde not be worshypped and it to be no synne what cloke or colour can be founde that a man mychte commytte adulterye but that the selfe same colour shulde tourne vp so downe all vertue and publyke iustice what power maye make it laufull for vs to murdre and steale these thynges kepynge their names and theyr natures of murderynge and stealynge ¶ Nowe then seynge that nothynge can perteine more to the .x. commandmentes nor more strongly moue the iudgement of the richt reason then can natural reuerēce the holynes of chastite the increase of loue and charite the holy kepynge of mariage shamefacydnes and loue towarde them that be of our bloud and our affinite and finally al other vtues whiche as we shewed sufficiently before were the cause that these prohibitiōs were made we ought to beleue that with them truely the pope can in no wise dispense And this thing is easie to se bycause that the reason of these Leuitical lawes is suche that in no case it can not be disseuered from them by cause the reasone is grounded vpon suche naturall vertue and honestie whiche must neuer be lefte vndone yea and seing that now there is suche multitude both of mankynde and womankynde there can be no case imagyned for the breakynge of those prohibitions whiche for any profet or nede shulde do so moche good as is the goodnes that cometh by kepinge of the same ¶ yea and more ouer many wytnesses of scripture do euidently proue that in these thinges whiche be commaunded by the morall lawe of god we shuld euer do and teache that that is cōmaunded hauynge no regarde of sclaunder or of necessite amonge the whiche be these places chiefly HE that loseth any of these least cōmaundementes shall be called the leaste in the kyngdome of heuen Agayn this IF thou
moche dilygence as we coulde and with suche reuerence and religion or cōscience as becometh in suche a matter bothe the bokes of holy scripture and also the moste approued interpreters of the same finally the generall and synodall councelles decrees and constitucions of the sacre holy churche which by longe vsage and custome haue ben resseyued and approbate we the foresayde Dean and faculte disputinge vpon the fore sayde question and makynge answere to the same and that after the iugement and full consent of the moste parte of the facultie haue concluded and determined that the foresayde mariage with brothers wyues departynge without chyldren be so forbydden bothe by the lawe of god and of nature that the pope hath no power to dyspense with suche maryages whether they be cōtracte or to be cōtracte And for credence and beleue and witnes of this our assertion and determination we haue caused the seale of our facultie with our notaris signe to be put vnto this present writinge Dated in our general congregation that we kepte by an othe at saynt Maturins the yere of our lorde .1530 the seconde day of Iuly The determinacion of the vniuersite of Biturs VVe the Dean and facultie of diuinite in the vniuersyte of Biturs bycause we wyll accordynge to the ensample of Paule the doctour of the gētiles whiche dothe lyke wise in many places wyl begyn our writynge with prayer vnto al the beloued of god amonge whom you most dere reders vnto whō we write be called grace and peace and quietnesse of conscience come vnto you from god the father and frō our lorde Iesu Christe with in the octaues of whytsontyde whyle we were gethered to gether all into one place both in body and mynde and were sytting in the house of the foresayde Dean there was a question put vnto vs ageyne which had ben proposed vnto vs often tymes before beinge no small question which was this whether the brother takyng the wife of his brother now deed and the mariage ones consummate and perfecte dothe a thynge that is vnlefull or no. At the laste when we had sought for the treuth of the thynge and had perceiued and founde it out by moche labour and studye of euery one of vs by hym selfe and by moche and often turninge of holy bokes euery one of vs not corrupt wherby we might the lesse haue obeyed the treuth began as the holy goste dyd put in his minde to gyue euery man one arbiterment and sentence whiche was this I haue wel perceyued in very trouthe with out regarde or respecte of any person that those persones whiche be rehersed in the .xviii. chaptre of the Leuiticall be forbydden by the very lawe of nature to contracte matrimony to gether and that this lawe can in no wyse be released by any auctorite of any man by the whiche ther is made an abhomynable discouering of the brothers foulnes And this is the signe of our comen bedyl notary the seale of our foresayd facultie put vnto this present writynge the .x. day of Iune the yere from the byrthe of Christe .1530 And by cause the foote of our wrytynge shal be of one forme or fasshion with the heed as we began with prayer so let vs ende after the example of Paule that we spake of before and sey The grace and fauour of our lorde Iesus Christe the charite and loue of god and the communication of the holy gost be with you al. Amen The determination of the facultie of diuinitie of the vniuersitie of Bononye GOd best myghtiest taught fyrste the olde lawe or testament with his owne mouth to forme and fasshyon accordyng to loue and charitie the maners and lyfe of men And seconde the same selfe god dyd take afterwardes manhode vpon hym for to be the redemer of man and so made the newe lawe or newe testament nat onely to forme and fasshion accordynge to loue charitie the lyfe and the maners of men but also to take away and to declare doubtes the whiche dyd aryse in many cases whiche whan they be ones clerely determined shall helpe greatly to pfecte vertue and goodnes that is to say to perfecte loue and charite wherfore we thought it euermore that it shulde be our parte to folowe these moost holy doctrines lawes of our father of heuen and that we lyghtned by the lyghte of god aboue of the holy gooste shulde gyue our sentence and iudgement in hyghe and doutfull matters after that we haue ones leyserly and sufficiently taken aduisement vpon the cause and haue clerely serched out opened the thyng by many reasons and writinges of holy fathers as well for the one parte as for the tother doynge nothing as nighe as we can rasshely or without deliberation Therfore where as certaine great noble men dyd instātly desyre vs that we wolde with al diligēce possible loke for this case that hereafter insueth and afterwardes to gyue our iugemēt vpō the same accordynge to most equite ryght and conscience sticking onely to the truth all the doctours of diuinite of this vniuersitie whan we had euery one by hym selfe examined the matter before at home in our houses came all to gether in to one place and there treated vpon hit many dayes with as moche counnynge and lernynge as we coulde we anon loked vpon the case to gether we examyned hit to gether we compared all thynge to gether we handlynge throughly euery thynge by it selfe dydde trie them euen as you wolde saye by lyne and rule we brought forthe all maner of reasons whiche we thought coulde be brought for the contrary parte afterwardes solued them ye euen the resones of the mooste reuerende father Cardinal Caietaine yea more ouer the Deuteronomi dispensation of styrring vp the brothers sede and shortly all other maner of reasons and opinions of the contrarie partie as many as semed to belonge to this pourpose And this question that was asked of vs was this whether hit was forbydden onely by the ordynaunce of the churche or els by the lawe of god that a man myghte nat marye the wyfe lefte of his brother departed without children And if it were cōmaunded by both the .ij. lawes nat to be done whether the pope may dispence with any man to make suche mariage the whiche question nowe that we haue examined it bothe by our selfe secretely and also openly as dyligently and exactly as we coulde possible and discussed it after the best maner that our witte wold serue we determine we gyue iudgement we sey and as stifly as we can we witnes and without any doute do stedfastly hold that this mariage shulde be horrible accursed to be cryed out vpon and vtterlye abhominable not onely for a christen man but also for any infidell vnfeythful or hethen And that it is prohibite vnder greuous peynes and punysshementes by the lawe of god of nature and of man and that the pope though that he almost maye do all thynges vnto whom Christe
indifferent reder that saynt Ambrose holdeth that it is no doubte and without question forbydden any manne to marye his halfe systers doughter and that for many consyderations as for the increase or multyplyenge of stockes or by cause of religion and reuerence that is in the names of kynrede whiche to be chaunged or to be confounded by the meane of vncleanly loue he iudgeth it a thinge not to be spoken or els bycause these maryages be forbydden bothe by the lawe of nature and so moche more by the lawe of god or els bycause suche couples be not conuenient nor syttynge for as moche as the ordre of natural loue or reuerence is ageynst hit and also bycause that moost religious and deuoute sacramente and charytable kysse the whiche is withoute offense that the vncle dothe owe vnto his nece as to his doughter and she to her vncle as to her father shulde by suche maryages be taken awaye or fynally bicause that suche mariages be forbydden euen by the lawe of manne as by the lawe Ciuille Howe moche more thanne ought we to thynke that we shulde make no suche maryages as be before forbydden in the Leuiticall the whiche as they be full of bondes of farre more nere kynrede thanne this so is there more foulenesse and malyciousnesse in the doynge of them and they lette more the multiplyenge of stockes and they confounde more the religion and reuerence of the names of kynred and they be also moche more vnlefull bycause they be forbydden bothe by the expresse commandement of god publisshed by the mouthe of Moses and also prohibite by the lawe of nature and beside this they let the increase of loue and charitie a great deale more and be agaynste naturall reuerence and shamefacidnes and for a conclusion they be forbydden and interdicte not onely by the lawe Ciuill but also by the holy canons and rules of the sacre holye churche suche no doubte as were indicted and cōmanded by the holy spirite of god whiche hath the orderinge and thadministration of the churche of god ❧ The fourthe Chaptre ANd nowe after that we haue rehersed the doctours of the churche of Christe which be of most great auctorite fame and renowne let vs come to the writinges of the other expoūders interpreters of scripture which though they be not of so great auctoritie yet for al that theyr credence and lernynge is both receiued and iudged to be of grauitie ¶ Truely saint Ancelme sometyme archebysshoppe of Caunturbury whan one asked hym by what reason the forbydding that we shulde not mary any of our consanguinite or affinite hath so great strēgth and power in the church of god that there can be no perdon or dispensatiō for the brekynge of it excepte that the mariage fyrste be broken he answered thus bicause saith he I se the here seke and demaunde not onely the auctoritie as I might say compellynge and constraynynge onely by force and power but rather to seke a reason prouynge and shewynge vnto the this thinge by reason by cause thou shalte knowe that I wyll satisfie and fulfyll thy wyl and desire all be it perauenture I am nat able yet I wyll endeuer my selfe to content the somwhat in this behalfe The canons and lawes of the churche be full of this commaundement and there be many decrees of the olde fathers also that we shulde not mari with any of our bloudde or if we haue maried that we shulde be departed and disceuered again And as for the cause or reason of this cōmaundement al be it I might say that the simple plaine reason is to obey the power auctoritie of them to whom Christe sayd It is not you your selfe truly that do speake but the spirite of your father whiche speaketh in you and to folowe the custome of the holi churche whose customes to breake and fordo is a kynde of heresy yet for all that by the consyderation and marking also of holy scripture I am wont to thynke thus with my selfe Amonge the olde and auncient people of the Iues it was not leful for any persone to mary with any out of his trybe And whan I doubted and soughte a reason why so the doughters of Salphaad came to my remēbraunce For whose mariages whan certayne of theyr trybe and kynred dyd aske counsayle of Moses and by Moses of our lorde cōmandemēt was gyuen them of our lorde that there shuld be no mariages made out of one tribe into a nother whiche was ordined bycause the inheritaunce of the tribes shulde not be diminysshed For that carnall people could not lifte vp their hartes to heuen but as an erthely crepynge beaste with all their breast and harte fast cleauing to the erthe thought only of the erthely heritage and not of the heuenly Therfore euerye tribe had leauer to kepe their selfe within the straites of their tribe by maryenge to gether one of the selfe same tribe with an other then by marienge out of their stocke to diuyde parte out also their heritage for suche was their heritage suche is all erthely heritage that if hit be one 's diuyded it waxeth lesse and dimynissheth nor can not come all holle to many Therfore as our lorde him selfe in the gospell sayth to the Iues that Moses dyd suffre them for their vngracious stomakes and harde hartes to put away their wyues so that they put in a bill of diuorse euin so in this case Moses gaue an answere to their carnalites fleshli desires acording to their stubborne hard hartes that they shulde nat mary out of their tribe but the goodnes and perfectnes of vs that be christian folke is not on this facion For seing that our herytage is god of whom hit is spoken God is loue and charitie lyke wise as the Iues vsed a lawe fit agreable to their heritage so we ought to maītein a law for our heritage whiche is the lawe of loue and charitie For as for loue and charite the brodder it is spredde the more remayneth to hym that doth spredde and caste it abrode and the more his loue and charite dothe increace Therfore the christian religion and perfection hath ordined that the boundes and buttayles of consanguynite shuld be stretched forthe vnto the .vj. degree on euery syde accordynge to the decrees of holy fathers and canons so that kynsfolke being within the .vi. degre may not marye to gether betwene whom their owne naturall affection of one to a nother shulde be sufficiente to fortifye and make stronge loue and charite betwene them the whiche natural affection it is great sinne to violate and breke euen amonge the hethen and vnchristian people And where that this naturall affection and loue begynneth to faile there onely muste be putte to the bonde of mariage for to bynde loue charite to gether agein that it slyp not away to enlarge the boundes buttayles of our herytage whiche is loue and charite And it semeth moste right
their hartes cowardelike and as it were womās hartes by the meanes of lechery and beastly pleasure of the bodye And therfore in the olde Leuitical lawe those persones seme specially to be forbydden maryage whiche muste nedes dwell to gether The thyrde reason is bicause that by suche mariages shulde be lettedde the multyplyenge and increace of frendship For whan a man dothe take a wyfe that is a straunger to hym all the kynsfolke of his wyfe be knytte vnto hym by certayne frendeshyppe and loue as if they were his owne kynsfolke wherfore Augustin sayth There was very great regarde taken of loue and charite and that accordynge to ryght and reason to the intent that men vnto whom loue and concorde is bothe profitable and also honeste shulde be knytte to gether by sondry degrees of kynred And that one man shulde not haue many but sondry to be disseuered in sondry persones And Aristotell an heathen man in the .ij. boke of the politikes putteth to the .iiij. reason bicause that where a man doth loue his kinswoman by Nature if there shulde be put to the loue that comethe of bodely medlynge there shuld be to moche heate and feruentnes of loue and to great a prouocation of flesshly luste whiche is contrary to the chastite of mariage where suche pastime is to be vsed for necessitie and not for pleasure Thus sayth saint Thomas here And in an other place he sayth thus That thynge in mariage is cleane contrarye to the lawe of nature wherby matrimony cometh not vnto the ende whiche it was ordyned for by cōuenient meanes And the chiefe and fyrste ende of mariage of it selfe is the good or benyfite of issue the whiche doubtles by some certayne degrees of kynrede is lette as betwene the father and the doughter the mother and the sonne not bicause that issue here is vtterly taken a waye for the doughter maye haue issue of her fathers sede and nourysshe it vp with the father and teache and instructe it in the whiche thyng stondeth the benifite of issue but by cause that this ende of mariage that is to haue issue childrē can not be brought to passe in this case by any lefull honest maner For it is ageynst all good ordre reason that the doughter shuld be coupled bi mariage with her owne fader to be his cōpanion to bringe hym forthe children to brynge them vp seinge that she ought to be subiecte to her father in all thynges as that dothe come of hym and hath her beinge of hym and therfore by the lawe of nature hit is forbydden that any persone shulde marie father or mother yet more with the mother than with the father by cause that hit is more contrarie to the honour and reuerēce that is due vnto the parentes if the sonne take his moder to wife than if the father shuld take his doughter to his wyfe bicause that the wife is boūde by the cōmandement of god to be subiecte and obedient vnto her husbande ¶ But the seconde ende of mariage is repressynge and quenchinge of bodely luste and concupiscence whiche restraint of carnall luste though it be not the fyrst chiefe ende of mariage but the seconde yet of it selfe it is an ende of mariage And this ende also shulde perysshe and be loste if a man myght marye whiche of his kynswomen he wolde For there shulde be opened a great wycket vnto lustes of the bodye except there were some restraint and flesshly medling forbidden amonge those persons whiche muste nedes be conuersaunt to gether in one house And therfore the lawe of god hath not only forbiddē mariage with the father and the mother but also with other persons that be of our kynred whiche muste nedes company to gethers and are bounde to conserue the one the others chastite and honestie And the lawe of god doth assygne this cause sayenge Vnheale not the foulenes of suche suche persones bicause it is foulenes But an other ende of matrimony not properly and of it selfe but ioyned vnto it is byndynge and knyttynge to gether of men and multiplyenge and increasse of frendshyppe loue and charitie while a man is in lyke maner to his wynes kynsfolke as he is to his owne kynsfolke ▪ therfore this increase of loue and charite shulde wrongfully take harme if any man shulde mary her that is knytte vnto hym all redy by bloudde For by this mariage there shulde be none increasse of any newe frendeship loue and charite And therfore by the lawes of man and also by the estatutes of the church there be many degres in the whiche folke are forbidden to mary ¶ Ande saynt Thomas sayth in an other place on this wyse Accordynge to dyuers tymes it is founde that kynrede hath lette mariage in diuers degres for in the beginnynge of mankynde father mother were onely forbydden to marye with by cause there were fewe men and of necessite men were boūde to do al their labour diligēce that they coulde for the increase of mankinde therfore there were no more ꝑsons to be except but those whiche were not fit to be maried withal I say fit as concerning the principal ende cause of mariage which is the good or benifit to haue issue childrē as I said before But afterwardes whan mankinde was increased and multiplied there were many mo persons excepte by Moses lawe whiche began euin at that time to restrayne and refrayne mans concupiscence luste wherfore as sayth Rabbi Moses al those persones be excepte from mariage whiche be wonte to dwelle to gether in one house For seinge it must nedes be that they whiche come of one parētes or of one father and mother bothe men women indifferently company to gether of lōge tyme in one house plainly they shuld haue great prouocaciō stirringe to flesshly luste if it were not forbidden that there shulde be no suche medley betwene those persons And now whan that they thinke sureli and beleue that there can in no meanes mariage be contracte made betwene them laufully streight wayes that filthie luste and plesure is quenched ceassed nor doth not prouoke nor stirre their myndes any longer to desyre tho thynges that be vnpossible can not be done wherby they instructe and taught to tame and refrayne their fylthy desire as it were by a certayne former exercise practise and assayenge of them selfe no doubte but by this custome they shal the better absteyne afterwardes from other women for as saynt Augustin saythe custome to a thynge maye do very moche either to prouoke mans appetite and to make him haue a lust or desire to it or to turne away his appetite from it and to make hym to abhorre it And therfore seinge that custome doth kepe in restrayn our vnmoderate luste and concupiscence in this matter men do well to iudge that it is a shamfull thynge to breke and corrupt it For if hit be ageynst right for
this definition He wyll streicht condemne it as falsly forged coūterfet shal reason and say that it is not made formally clarkly maisterly nor after schole lernynge And agayne he wyll fynde cauillations and say that it is not large and generall inough For that it doth not conteyn the lawes other cōsultori or permissiue that is to saye lawes that giue coūsaile and lawes that do suffre and permit and this he wyl obiecte bicause we haue defined that onely to be the lawe of god which doth bid or forbid Moreouer he shal cry out say that ther lacketh the finall cause or ende that is gettynge of the eternal blis so that by this note or marke goddes law might be distinct and knowen a sondre frō the iudiciall ceremonial and mans lawes the whiche he wyl say be not the lawes of god by cause that the nexte and streicht intent of them is not to ordre leade man to that ende whiche is laste of al and aboue or beyonde nature and how that he shall lyue with god in heuen but only to an ende natural howe he may lyue in a cōmen welthe and in company of men whiche is called a politike or a ciuill ende Fynally he wyll fynde cauillations say that it is a new or a strange definition and made of our owne heed and far vnlike the definitions whiche haue ben so lōge vsed receyued in the scoles Of the whiche this is one that goddis lawe is a true signe or tokē notificatiue which sheweth to a resonable creture the richt true reson minde of god willīg the same creature to be bōde to do somwhat or not to do to suche like definitiōs as this is These such other resons he wil perauenture forge and imagin who so euer he shal be that wil be curious in weying examininge this matter more than richt and reson requireth But we do appele frō suche iugementes to a resonable indifferent and a lerned reder to whome we doubte not but that we shall lyghtely persuade and proue that it was neuer our mynde to plucke downe or breke tho thynges that haue ben receiued and approued and that we haue expressed and declared not vndiscretely and without consideratiō but perfectly inough by this definition the substaunce or nature of the lawe of god ¶ For fyrste seinge that al lawes either be the lawes of god or man and the lawes of man be all those that be ordyned made not by the mouthe and spirite of god but immediatly of man and by the wyll tradicion and auctorite of man and that commande thinges that be honeste or forbyd thinges that be vnhonest for some cause agreable to reason whether this cause be euerlastyng or during for a tyme Furthermore seinge that all that euer god dydde speake in approued scriptures thou canste not cōueniently call them lawes or cōmandementes but them onely whiche do cōmaunde or forbyd any thyng and the whiche of necessitie bynde vs to do as they bid and commande vs Finally seinge that all men do surely beleue and so ought to beleue that the vniuersal church alone hath that key of knowlege and also of power wherby she may discerne and iuge by her auctorite the wordes of god frō the wordes of men By these forsayd .iii. reasons we knowe that a gentyll and an equall reder can require nothinge more in this our definition And we trust that he wyl openly graunt that it is not vnlyke or disagreynge from those definitions that be receyued and approued for as moche as is perteynynge to this purpose ye and that it is also somwhat more fytte and conuenient thā these other be This chiefely was our intent and pourpose that we myghte declare and set forthe the lawe of god after suche maner that it shulde not alonely be euidēt and playn wherby it differeth from mans lawe but also that we shulde ascertayne you what it is as it dothe comprehende the lawes moral iudicial and ceremonialles as many as be rehersed in holy scripture to haue ben ordined and made of god and as do bydde or commaunde any thynge to be done or not done whiche all alyke we compte to be the lawes of god ¶ For as for the streyt or streytest takyng or definition of the lawe of god we did not so moch regarde it and of purpose and for the nonse we dyd leaue out the lawes consultory and permissiue For when the scripture dothe counsayle or suffre vs to do or not to do any thynge this is gentylnesse goodnes and perfectnes of lawes rather thā the lawes selfe bicause it is a point of a good and a perfect lawe to counsayle and suffre those thinges which be nother to be bidden nor forbyddē And yet if any body wyll examine and trie out this definition of ours by the rules of logike perchaunce he shal fynde that it is absolute and perfet in al pointes But it is no tyme here to playe the logition and to brynge proues not necessary nor requisite in a matter playn and euident inough ¶ For we haue declared as we thinke sufficiētly inough what goddes lawe is and also what lawes be worthy to be referred and counted in the ordre and noumbre of goddes lawes and what lawes agayne oughte to be banysshed out amonge the sorte and route of mans lawes Morouer of goddis lawes the diuines make thre kindes that is to sey moralles whiche also be called naturals and iudicials and ceremonials The difference of these the Diuines fynde out on this maner ¶ They calle morals whiche teache and gyue preceptes of the actes offices or dueties of morall vertue that is to saye they shew howe a man shall do vertuously and after good maners what dedes be good and what be not ¶ Iudicials they calle those lawes whiche giue preceptes of particuler actes of Iustice betwixte man and man and preceptes of punishementes and rewardes as euery man deserueth ¶ And ceremonials they call whiche commande vs to do certayne outwarde dedes to the worshipping of god from whēs the name of ceremonies seme to haue sprōge come vp ¶ we will speke nothinge here of ceremonials whiche pertayne nothinge to our purpose by cause that our matter is no cerimonie As for the difference or diuersite of the moralles and iudicials howe thei ought to be takē vnderstād we must nedes declare more plainly For herebi we haue sene men that wel lerned oftētimes blynded deceyued while they thought that this worde Iustice whiche is large conteyneth many kyndes vnderneath it to be single and conteyne but one kynde nor to be taken but one weyes onely where as in dede there be diuers kyndes of Iustyce ¶ One kynde of iustyce is called Legall vniuersall or generall an other is called particular ¶ Legall or generall Iustice is whiche generally conteyneth all vertues vndernethe it and it by it selfe alone is all hole vertue that is euen as scripture
dothe calle a iuste man for a good and a vertuous man and iustice for goodnes and vertue as contrary wyse iniustice generall is not part or a kynde of vice but it hathe in it holly all vice and synne that is ¶ And nowe of particular iustice there be ij kyndes Distributiue and Cōmutatiue ¶ Iustice particular distributiue standeth in distribution or partynge of honour promotion or of money or of other thinges whiche maye be distribute amonge them that be felowes of one citie or cōmunalte For these thinges may be diuided amonge vs equally and vnequally and so iustely or iniustly ¶ Particuler iustice cōmutatiue is ordined to mende and correcte suche bargaynes as we make one with an other Therfore when there is ani doubte or question of this poynte of iustice we go to a iudge whose office and deutie is to make them euin whiche be not euin as when he dothe condemne a man in a summe of money and so taketh awey the wynnynge from him whiche had more than ryght afore by deceyte and wronge Than whan the hurte is ones measured and estemed one parte is called losse thother wynnyng and he is called the wynner that putteth the other to losse and he the loser that hath losse ¶ These thynges we haue spoken for this pourpose that we shulde vnderstonde that the Diuines while they say that the iudiciall lawes do treate vpon particular actes of Iustyce betwene man and manne they wyll and meane that the Iudicials onely commaunde and teache by what meanes and punisshementes those thingis maye be correcte amended and brought to a iuste and an euen poynte whiche belonge to particuler iustice to order likewise as morall preceptes belonge to general iustice to order And plainly if any man wyll serche seche out the exacte meaning definition of the iudiciall preceptes specially that be spoken of in the olde testament he shall fynde that they only be iudiciall and so ought to be called whiche be statutes of peynes or at the leest those whiche god in tyme passed dyd answere vnto Moses whan that he asked hym counsaile of the sutes and controuersies of the Iues. For seynge the begynnynge of wysedome is the feare of our lorde that same people so stubbourne and intractable oughte for feare of punysshement to haue ben moued and prouokedde to vertue and to be drawen backe from their wonte and accustomed synne leste that they as men vnreuly and intractable shulde by theyr synne so greatly haue moued and prouoked god that they shulde rightfully and of their deseruing haue gone downe quicke to hell Therfore afterwarde that the morall preceptes were gyuen in the mount called Syna with incredible feare and horrour or quakynge of the herers anon after were gyuen them also the iudiciall preceptes in the whiche god did nothing els but teache and shewe what vengeaunce oughte to be taken vpon them that do trespas and trāsgresse those forsayd morall preceptes For the iudicials as Thomas saythe haue their name of this worde iudgement And as for this worde iudgement betokeneth exercysynge of iustice whiche is done by reason applienge the lawes or rules of iustice certainly to suche speciall cases as belonge only to the ordryng of some certaine people amonge them selfes that considering the state of that people only for saith he seing the moral preceptes be cōmune to al people and that many of them specially of the affirmatiues do apoint neither time place nor maner how to kepe them it is necessarie that these circūstances be specified determined by some lawe either of god or man And therfore as that general commaundement that god must be honoured and worshypped is specified and declared outwardely by ceremoniall preceptes so lyke wise that same cōmandmēt of kepyng iustice amonge men called the lauful or generall iustice is determined by the iudiciall preceptes that is done by a iudge applyenge the vniuersall fyrste rule of generall iustice to some particuler matter to the priuate state of some one cōmun welth and to the profet and benifyt of the same only ¶ By these foresayde thinges we thynke that it is euident and playne what lawes ought of rycht to be called iudiciall lawes of god Truly those whiche haue bē made ordined of god him selfe ī holy scripture to the gouernynge not of all people but of the Iues to gether amonge them selfe and that in suche thinges as perteyne to particular iustice and haue no morall reason in them selfes nor shulde be of no strengthe nor auctoritie if there were nothynge but reasone to moue thereto but the cause of their makynge was the state of that people and other auctoritie and strength haue they none but onely by cause they were made for their auctorite stādeth rather in that they be decreed and commaunded thā in any reason of general iustice of god as whiche stonde more in decrees and penalties then by reule or by reason of commune iustice For there is no commune nor generall iustice in them but they be onely iuste for them that they were made for ¶ And thus we haue shewed the what is the iudicial law of god Now ī the definitiō or certeintie of the morall naturall lawe is great derkenes and doubtfulnes bicause it is cōmunly vnknowen nor hath not ben written nor declared clerely and diligently of any diuine as farre as we haue redde by what shorte and substanciall waye we myght fynde out by a sure facion of reasonynge what is the lawe of nature howe many kyndes there be of it and also whiche be the thynges that natural reasone shulde shewe and teache vs. These thynges doutles be very darke and ouer rolled and wrapped in moste depe and thicke derkenes by cause that all people on al sydes in maner by a commune consent and agrement folowe vice synne and of so longe tyme hath fallen away and cleane forsake their very propre nature so that partly by cause there be so many vicious customes partly by cause there be so many vayne opinions misordered iugementes so many croked errours and ignorance so many frowarde maners fynally bicause there is so great diuersitie bothe of mens wyttes and of mens appetites and disposytions the holy light of nature is in maner vtterly extincte and put out and skante appereth or sheweth it selfe at all any where and the sharpe or quicke syght and trewe iugement of mans reason by the whiche he shulde knowe what is good what is yll what is true and what is false destitute of his lyght and rightnesse and lackynge the holy goste or spyrite of god whiche is the ruler and gouernour of reasone is vtterly become obscure and darke Therfore here we muste reste and tarye a lytle whyle that as farre as our wytte capacite will serue vs and this our matter wyll suffre we may gyue lyght to these darke thinges and vndo the knottꝭ of the doubtes so as it may be ¶ Ther is in mā all though it be meruailously
that the deuoute earys be sore offended with so abhominable a worde ¶ Also saynte Augustyne agreeth to the same For he saith when mankynde after the fyrste mariage of Adam whiche was made of duste and Eue his wyfe made out his syde coulde not be increassed without commynge to gether of man and woman and there was thā nother man nor womā but that came of them two the bretherne toke their systers to wyfe The whyche thing the more older that it is in so moche that it was done at that tyme onely whan necessitie droue them to it so moche the more it was afterwarde damnable whan that shame drewe them from it For they had consideration as it was mooste richt and conuenient of loue and charite that men to whom it was ꝓfitable and honeste to be in vnite and concorde shulde be knit and ioyned to gether by sondry degrees of kynred and that one man or woman to an other shulde not haue many degrees but with sondry and dyuers degrees shulde be departed amonge sondry and diuers persones and euery persone to haue but one degree to an other persone but at that tyme there was not wherwith these thynges micht be brought to passe seynge that of these twayne Adam and Eue ther were no men nor women but all bretherne and systerne Therfore at that tyme that thing ought to be done whan it was possible to be done that whan there was plentye of women men shulde take suche wyues as were not theyr systers At whyche tyme there was not only no necessitie to do it but also if it were done it shulde be a sinne not to be spoken The which thinge we se was so well obserued euen among hethens and idolaters and wicked worshippers of many and false goddes after that mankynde was ones increased and multiplied that al though it was suffred by noughty and corrupt lawes to marye with our brothers wyues yet for all that the custome amōge them was moche better wherby thei were brought to this that they wolde in no wise vse this licence but vtterly dyd abhorre the dispensacion of the lawe and so helde againste it as though it coulde neuer haue ben laufull ¶ Therfore seynge that these so holy and deuoute men do call those lawes corrupte and noughty which suffre that bretherne and systerne shulde marie to gether and syenge they affirme that these whyche worshippe false goddes did neuer vse suche mariages bud did abhorre the same licence and dispensation of the lawe fynally seing that they sey that it was not leful for the fyrste men and women but onely bycause of necessitie truely it is playne that suche maner of mariages were not of their owne nature laufulle euen at that tyme when they were not yet forbidden by Moses lawe ¶ The whiche thynge also in an other place saynt Augustine dothe witnesse For saith he Abraham dyd lyue in the worlde at that time in the whiche selfe same time it was not laufull for bretherne systerne to mari to gether whether they had both one father and mother or diuers ¶ Also Isichius vpon the Leuitical saith It was thought tollerable of many that brothers and systers mycht marye to gether by cause Abraham sayde of Sara she is my syster by my fathers syde and not of my mothers syde The whiche vtterly is not as men thynke the historie is For Moses rekennynge vp all those that were begotte of Thare Abrahams father maketh no mention at all of Sara And it so were that Abraham dydde marye his owne sister yet it was before he knewe god Therfore it is synne to couple our selfe to our syster by bonde of maryage ¶ wherfore it is clere by this auctour Isichius that maryages betwene bretherne and sisterne were not leful before the lawe that is to saye in Abrahams tyme whiche was afore the lawe of Moses more than CCCC xxx yere ¶ So Methodius and Berosus whiche rekenynge vp the causes of Noes floudde telle bothe one cause The one of them saythe it was by cause brotherne shamefully had a do with theyr systers The tother bycause Cains chylderne beganne to abuse theyr brothers wyues by abominable fornicacion ¶ But we nede not to tarye in rehersynge vppe the auctours whiche make to our pourpose in this behalfe Truely if they whiche were wrapped in so greatte darkenesse that they dydde not perceyue that they shulde worshyppe one god dydde yet perceyue that they shulde not marie theyr systers but dydde naturally abhorre suche maryage euer more hated and condemned them as cursed and inceste and not onely they but also the most holy and moost true interpreters of the holye scripture do wytnesse the selfe same thynge to vs in their wrytingꝭ it is as clere as can be that these prohibitions were brought in by the lawe of nature and that the law of nature and reasone moued by the lawe and the worde of god dothe commaunde and teache vs that suche coniunction muste be vtterly abhorred as a wicked sinne ageynst nature ¶ If any man here will saye be it that we graunte that these thinges be true as touchinge the mariages of bretherne and systerne yet it is far a nother maner of rekenynge as touchinge our brothers wyues Let hym vnderstande that he is greatly blynded and deceyued For if it be against the lawe of nature that any man shulde mary his owne naturall syster bicause it is not lefull by the lawe of nature to discouer her foulenes he whiche marieth his brothers wyfe discouereth the foulenes of his brother he also shal breke the lawe of nature which coupleth vnto him bi mariage his brothers wife ¶ Although we haue made it playne and euident inough before yet we shall put to these .ij. reasones that folowe whiche shall proue the same as openly as can be that a man can not mary his brothers wyfe Fyrste bicause affinitie doth as well let mariage as dothe consanguinite Seconde by cause he that so marieth dothe shame dishonestie to his father by the meanes Of the firste if any man do doubte he maye wel vnderstande that this thynge is very trewe and it were but by this reason only that not all onely by the lawe of god so manye persones be excluded from maryage in the lyne of affinitie as be excluded and forbyd in the lyne of consanguinitie but that also the lawe of the churche is compelled to sette the bondes of mariage in the lynes bothe of affinitie and consanguinitie in a lyke distaunce or degre And this thinge is playne by the auctoritie not onely of Iuly and Gregory Popes and also of saynt Augustyne and Isodore whose sayenges be receyued and approued in the lawe of the churche but also of Abbate and of all those that write vpon the chapter PITATIVM And the chapter CVM AD MONASTERIVM DE STA. MONA And the Chapiter NON DEBET DE CONSANG ET AFFIN That if there hadde not ben as great cause why they that be of affinite shuld
cloke going backewarde did hide and couer their fathers priuities by cause they wold not se their faders priuie membres And so doing they had their fathers blessynge and Cam hadde his curse On this maner ought tho prohibitions that we shuld not marie our brothers wyfe c. to be weyed and examined For seynge our brothers wyfe is one flesshe and bloudde with her husbande and he lykewyse one flesshe and bloudde with his brother it foloweth well that the brother and the brothers wyfe be not .ij. but one flesshe and bloud and so consequently that they can not be ioyned to gether by mariage seinge that it is necessary before they mary that they be diuers flesshe and bloudde and so by maryage be no longer .ij. bodyes but be made one fleshe and bloud ¶ For matrimonie is forbydden betwene persones of consanguinite and affinite bycause that betwene these persones there is a certayne naturall amitie and frendship made by the institution of nature whiche dothe not nede the helpe of maryage to strength it but those persones ought to be coupled to straungers and nothynge of bloudde to them to increasse amitie loue and charitie whiche is increassed by marienge of straungers to gether By cause that these persones whiche before were not bounde to gether one to the other by any specyall bonde shulde nowe be made frendes and louers by the richtes and lawes of maryage in the whyche frendeshyppe and loue standeth the faste knyttynge to gether of hartis and myndes and vnitie of wylles And likewise as there nedeth no maryage betwene them that be of consanguinitie and affinitie to make loue and charite and to be of one wyll minde no more there nedethe no maryage for to make them of one flesshe and bloudde But those persons must be coupled by mariage to them that be straungers and nothyng of their bloud to make mo persones of one flesshe and one bloud that by this meane they whiche before were not boūde one to an other naturally by any bonde of carnall cōiunction now by mariage shuld be made one flesshe and one bloud by the whiche mariage diuerse persons be ioyned to gether and made one body For by carnall copulation the man and the woman be made one body and by maryage they the whiche were twaine before be nowe no more tweyne but one flesshe and bloudde The whiche reason also our sauiour Christ in his godspell doth not abrogate nor take a way but renueth it sayenge Therfore now they be no more tweyn but one flesshe and bloudde By the whiche wordes it is euidente and playne inough that the lawe in the boke of Genesis wherin it is sayde THAT a man shuld leaue his father and mother and sticke to his wyfe dothe not seme to be put as a rule of graunte and lycence to mary in all other degrees onely the father and mother except but that it shulde rather teache vs that the vnite of flesshe and bloudde betwene man and wife ought to be indissoluble and neuer to be broken And that the same vnite of flesshe and bloudde seynge that it is amonge the parentes and the children betwene whom also is naturally vnite of persons and that they be naturally as it were one selfe same persone it dothe let mariage betwene them specially and generally be twene all other that be forbydden ¶ And this forbyddynge of maryage by the meanes of VNITIE of the flesshe and bloudde if we wyll knowe howe farre it extendith we must loke for it in the Leuiticall lawe For all though as Dunse wrytethe euen after the multiplication or increasse of mankynde if they had perseuered and abydden in their innocencie and goodnesse god wolde haue forbydden other degrees besyde the fyrste For truely there is nothynge almoste so necessarye to men as to knowe the natural lawes of marieng yet for al that god hath in no place in the olde Testament expressed those degrees so playnely and shewed howe farre their bondes do extēde and what persons nature abhorreth to be maryed to gether as he hath done in the Leuiticall ¶ And nowe to retourne backe to our purpose where as we lefte Truely if it be a poynt of chastite and a poynt of naturall loue not to discouer the dishonestie of thy brothers wife and if these Leuitical lawes cōmaunde the to do them this duetie this honour and this reuerēce and to restreyne thy luste and desyre of incest pleasure from them and to absteyne and kepe backe thy handes from so fylthye and abhominable a dede Fynally if the same prohibitions be greatly profytable to increasse and inlarge loue and charitie betwene christian men which loue and charite by this thing chiefly doth increasse if there be made frēdeshipe amonge them whiche be not coupled before by none other naturall bonde of loue playnely we muste nedes confesse and graunte that those Leuitical lawes be fit and cōuenient to forme and ordre mens maners and that they do agre with the teachinge of commune Iustice or honestie and vertue and that they belonge to the dedes and duties of the morall vertues For they truly forbydde the that thou discouer not the foulnes and dishonestie of thy brothers wyfe for the whiche thynge our lorde reproueth and dampneth bothe the Chananeis and also the Egyptions wherfore if thou discouer it streicht thou haste broken the rule and the order of vertue And the lawe of nature and naturall reasone as soone as they be illychtenedde with the lawe of god they shall crye oute agaynste the and thou muste nedes be called playnly an euel an vnreuerent man to thy kyn and an inceste persone For who wyll denie but that piete and chastite and holy kepynge of mariage cleannes shamfacidnes of nature shame reuerence towarde our kynsfolke and spreddynge abrode of loue and charitie be conteyned vnder the rule of cōmune Iustice or vertue The whiche vertues all no doubte were the cause why these prohibitions were ordyned and they be the thynges that of them selfe be honeste are to be beloued and desired for them selfe and do promote and helpe a man to the obteynynge of the eternall blysse Al be it truely there be many other morall resons or vertuous honeste causes whiche a man maye gether partly of the very nature and qualities of the dignitie or worthynes of maryage of subduynge or repressynge of bodyly pleasure and partly of comlynesse and partly of other circumstances whiche were the cause without doubte why these prohibitions were ordyned And seing the causes why these thinges shulde be forbidden be so honeste and necessarye truely the forboddes and lawes them selfe muste nedes also be honest and necessary ¶ But it passeth mans capacitie to entre ouer far ī to the coūsailes of god beginner For seinge loue and charitie is the marke perfection and ende of all the hole lawe of the gospell and the lawe of the gospell is the lawe of loue and charitie and seynge that Christe toke moste thought and care
persones so coupled to gether maye forsake suche maryages And if they wyll not take the good lernynge and counsaile of theyr bisshop but wyl folowe their owne voluptuous plesure than at the last the bysshoppe ouchte to plucke forthe his spirituall sworde of excommunication and cursyng and to shake it vpon suche persones and to be take them to the diuol to the punisshement of their flesshe so that their spirite or soule be saued in the day of our lorde Iesus accordynge to the cōmaundment of Christe and the exemple of Paule For els howe shal these prelates do the dutie of bysshoppes and ouerseers as they oucht to do if that for the cruelte thretes of the popes they shall not dare calle backe theyr shepe in to the waye of truthe that be out of the wey and loste for whom they shal gyue a compte in the terrible and dredefull iudgement of god Or how shal they escape the greuos sharpe punysshementes of god with the whiche god thretneth them that wyll not shewe the wycked synner his fautes nor wyll not crye and gyue warnynge whan they se the swerde commynge that the synner may be conuerted frō the wronge wey to the richt wey and to the trouth I AM alyue saith our lorde bycause that my flocke is rauysshed and my shepe deuoured of al beastes of the felde bicause they had no herdeman nor ouerseer For trewely the sheperdes soucht not for their flocke that that was weake and feble they did not strēgth that was sycke they didde not heale that was broken they dyd not bynde to gether and that that was lost they did not seke for it BEHOLDE saith our lorde I shall aske a count of my shepeherdes for the death of my flocke and I wyll cause them to ceasse and to feade my flocke no lenger ¶ And nowe euin as bisshops for bicause of their office and duetie oucht not to here or obey the popes cōmandmentes in those thinges that we haue rehersed before euin so truely al other christian men be thei neuer so meane or of lowe degre as many as beinge toucht by the holy gost do ones playnely perceiue that they do kepe suche mariages as be incest they may yea and are bounde for the loue and religion that they owe to god not only to breke streicht wey suche mariages but also with a stable and stedfast stomac and suche as a christian man oucht to haue be bonde to with stande and resyste valiantly the Pope all thoughe he wolde threten them by a M. cursynges and excōmunications that they shulde do the contrary ¶ For there be two lawes saith pope Vrban one public an other priuate And the public lawe is that whiche hath ben confirmed by writynge of the holye fathers The priuate lawe is the lawe that is written in mennes hartes by the inspiration of the holye goste as thapostoll speaketh of certeyne VVHICHE haue the lawe of god written in theyr hartes ¶ And in an other place he sayth VVHAN the heathens which haue no lawe do NATurally that is to say by the inspiration of the holy goste onely without any lawe writen tho thynges that the lawe commandeth they be the lawe to them selfe Therfore if any of these saith Vrbane hath people in his gouernaunce vnder the bysshop in his churche and dothe lyue secularly and if that he inspired with the holy goste wyll saue him selfe in some monasteri or amōge regular chanons bicause this man is moued by the priuate lawe of his conscience that is by the motion of the holye goste there is no reason that he shuld be bonde to the public lawe For the priuate lawe is of more dignitie than the publike lawe FOR doubtlesse the spirite of god is the lawe and THEY that be ledde by the spirite of god be ledde by the lawe of god and VVHAT persone is it that can of richt withstande the spirite or holy goste Therfore who so euer is led with this spirite lette hym go his wayes free euen by our auctoritie yea although his bysshop say nay FOR there is no lawe nor bonde made for a richtwyse and a good man but where as is the spirite of god there is libertie and fredome and IF ye be led with the spirite of god ye be not vnder the law that is to saye if we folowe the motion of the holy spirite and of our conscience we be not vnder the commune lawe whiche euer ouchte to gyue place to the pryuate law For in tho thinges that be forbidden by the lawe of god we must obey our conscience and in other thinges the churche Nowe fyrst the churche can not binde any persone to synne by her commaundement Seconde it can not be auoyded but that suche persons whiche by the lawe of god nature be vnlaufull to marie and yet be coupled by mariage or at the leste that is presumed to be mariage do lyue in synne onely excepte that they be maried by ignorance and that by such ignorance as could not be auoyded Finally Paule saith HE that putteth difference betwene meate and meate if he eate then he is condemned by cause that that he dothe is not done with faith and good conscience For all that is not done with faith is synne ¶ Of these .iij. reasons it foloweth that al christian men if their priuate conscience lichtned with the holy gost and knowlege of holy scripture as it ought to be hath moued them vnto it they may without any ieopardie yea and are bonde to make a diuorse with her whom bothe nature and the lawe of god doth forbid them to haue to their wyfe and to delyuer them selfe from that vntrue and onely presumed and pretēsed mariage the cōmune lawe what so euer it be notwithstandyng and cōmandynge the contrary Lykewise as a secular preest moued by his owne conscience and not by any lichtenes or inconstancye maye laufully go to an other bysshoppryke ageynste his owne Bysshoppes wylle no maner of decree of the fathers to the contrarye withstandynge and as a regular professed or the bysshoppe of a churche thouch his prelate and the pope be ageinst it maye laufullye go to a streyter maner of lyuing the cōmun lawe notwithstanding and byddynge the contrarye For suche a one as Innocente sayde after that he hathe asked lycence of his prelate to go his waye vpon his priuate lawe whiche is to be preferred before the commun lawe he is absoyled and losed and may frely fulfyll his purpose of a more holier lyuing the sayenge nay and frowarde forbiddyng of his indiscrete prelate not withstandinge For who so euer abuseth the power that is giuē him deserueth to lese his priuilege And euen so it is in the maryage that if a mans conscience moue him to diuorse that he diuorse hym selfe thoughe the churche say cōtrary For truly al though the churche doth not declare suche maner of diuorsis yet the churche is bonde of deute to declare them to bid openly such diuorsis to be made And all though the Pope by his prepensed expresse acte doth not agre to this diuorse yet for all that by his secrete acte of duetie he vtterly agreeth vnto it ¶ AND HITHERTO we haue shewed well and sufficiētly by very many reasons as far as it perteyneth to this pourpose that the prohibition THAT we shulde not mary our brothers wyfe whiche is deade without issue is not suche a ꝓhibition as stondith by constitution of man but as nature fyrst did plant in mannes mynde and afterward chastite and reuerent sham facidnesse hathe kepte it before the lawe and our lorde shewed it vnto his chosen people by Moses and such as the custome of christian men with great consent and agrement of them that vseth it hath from the beginnynge of the christian fayth many yeres folowed and obserued whiche hath so often ben renewed by counsayles receiued and confyrmed by latter lawes And fynally we haue proued that the Popes auctoritie can not stretche so far that he may dyspense with suche maryages whether they be made all redye or be yet to be made The whiche thinges moste gentyll reder bycause we truste they will so satisfye and content the that we thiinke it but labour vtterly loste to seke for ayde any farther in this matter either of holy scripture or of the decrees of the churche or of the determinatiōs of the vniuersities that be in Italye Fraunce and Englande or of the suffragis and voycis of the greatteste lerned men that be as yet there be a great many behynde it semeth to vs beste here to conclude and make an ende of our worke and not to tary the any longer in rekenninge them vp And this one thinge moste indifferent reder we beseche the for the loue that thou haste to god to vertue goodnes that as thou seest the consente and agrement of so many vniuersities the fauour and studies of so great lerned men to bende and inforce them selfe so louingly and religiously onely to mainteine and defende the auctorytie of the lawe of god that thou agayne bothe with thy lerninge and auctoritie will farther and set forward theyr enterprises wylles and desires by all meanis that thou canste remembrynge howe fearfull and greuous that punisshement is whiche Christe threatenith them withall that vsurpe and wrongfully take vpō them the key of godly cnowlege lerninge nother they them selfe do entre in to it and yet do let stoppe out other whiche do all that they can to breke in to it ¶ Imprinted at London in the house of Thomas Berthelet printer to the kinges most noble grace the .7 day of Nouembre 1531 CVM PRIVILEGIO