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A23127 A woorke of the holy bishop S. Augustine concernyng adulterous mariages written by him to Pollentius, diuided into two bookes, very necessary to be knowen of all men and women; De adulterinis coniugiis. English Augustine, Saint, Bishop of Hippo. 1550 (1550) STC 955; ESTC S113335 42,086 158

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than truely she shall not be called an adultresse duringe her husbādes lyfe yf she be wyth an other man but hauinge no husband she may be maryed to her own husbād He that is of thys minde doo you not see how moch he thinketh agaīst y e Apostles minde Which thing is not your opiniō but this folowethe your opiniō Chaunge therfor the antecedēt yf ye wil beware auoid y e cōsequēt And say not y t the dead man or dead wife may in this place be vnderstāded for the man or wife cōmittinge adultery Wherfor after y e holsom doctrine teachinge the womā is bownden so longe as her husbād lyuethe y t is to say is not departed oute of hys body For a woman maried be of the Apostles mind that we say not a man committing adultery is to be counted as a dead man and y t therfor it is lawful for his wife to marye an other man For although adulterie be death not of y e bodye but of the soule whiche is worse yet the Apostle spake not of that deathe when he sayd yf her husband be dead she may marie to whom she will but of that onely deathe wherby a mā departeth oute of his bodye For yf by the mans adulterie the bōd of matrimonye be dissolued than foloweth that absurditie which I tolde before ought to be auoided that the wife also by her fornication shuld be loosed from y e bond yf she be loosed she is free from the law of her husband and therfor which thing is moste foulishly spokē she shall be no adultresse yf she be with an other man because by her own adultery she is departed frō her former husband Which thinge yf it be so far wide of truthe y t no man I speake not onely of Christianes but no commen wit will admit it than truely the womā is bownden so long as her husband liueth and to speake more plainly so long as her husband is in his bodye And after lyke forme and maner the husbād is bownden so longe as y e womā lyuethe in her bodye For whiche cause yf he wil put away the adultresse let hym not marye an other womā leste he him selfe doo cōmit y t he blameth in his wif. Likewise yf the woman put hym awaye let her not couple her selfe to an other for she is bownden so longe as her husband lyueth nor she is not delyuered from the law of her husbande except he be dead that she be no adulteresse if she be with on other man And wher as it is thought hard to you that after adoulterye the one partye shulde be reconciled to y e other it shal not be herd yf faith be present For why shulde we reken them as yete adulteroures whome we beleue be eyther wasshed bi baptisme or healed by penaunce Thes crimes in the olde lawe of God wer purged by no sacrifyces which by the bloud of the new testamēt without any dowbte are purged therfore than it was prohibyte all to gyther to take agayne hys wyfe after shee hade been defyled by an other man althoughe Dauid as beynge a prefigurer of the new testamēt without any delaye tooke agayne the dowgther of Saul which her father had separated from Dauid gyuen to an other But nowe after that Christe hathe sayd to the woman taken in adulterye And I also wil not condemne the go thy ways synne no more hereafter who vnderstādeth not that the husbande owghte to forgyue that he seeth y e Lord of them both dyd forgyue and that he oughte not now to call her an adulteresse whose crime at her penance he beleueth is forgiuen by the mercyfulnes of God But the vnfaythfull mens vnderstanding abhorreth thys in so moch that some hauing litle faith or rather beynge enemyes of true faithe fearing as I suppose that libertye to synne without punishemēt is giuen to their wyfes wold pul out of ther bokes that which the Lorde dyd in pardonyng the womā takē in adulteri as though he had permytted and giuen libertye to synne that said syn no more herafter or els that the woman ought not to be made hole of god the phisyciane by the remission of that synne lest they being infected not wholle myght be offended For these men that be displeasede with thys fact of the Lord be not them selfes chaste nor yet chastitie dothe not make them so seuere extreme but rather they be of that numbre of men to whom the lord said which so euer of you is with out synne let him first cast a stone agaynste her sauyng that they afrayed bi their own cōsciēces went away ceased to rempte Christe or to persue the adultresse but these bothe beyng sicke thē selfes reprehend the Phisicyane also beynge adulterours be cruell against women committing adulterie to whom yf it wer saide not as it was to the Iewes he that is without synne for who is wythout sinne but he that is without this sinne let him first cast a stone against her than perchaunce they that wer greued for not kyllynge the adulterouse woman wold consider with what great mercy of god they them selfes wer spared and fauored that beynge adulterours yet wer alyue When we say these thynges to them not onely they wyll remyt nothinge of ther seueritie but be more ouer angrie at y e veritie and truthe it selfe and speake and answer thus but we be men Shall the dignitie of our kynde beynge men susteyn thys iniurie that we shulde be compared to women in sufferynge of punishment yf we commit any fornicatiō with other women besyde oure wiues As though they ought not therfore the more to refreyn lyke men theyr vnlawfull desires and lustes because they be men as though they ought not therfore the more to gyue them selfes as examples of thys vertue to ther wifes because they be menne as though they ought not therfore the lesse to be ouercommed with filthy pleasure because they be men as thoughe they ought not therfore the lesse to serue the wātones of the fleshe because they be men And yet they be angrie yf they heare that adulterouse men doo suffre lyke punyshment wyth adulterouse women saynge they ought to be punished so moche the more greuously as it perteynethe more to them bothe to ouercom women in vertue and to rule them by example I speake to Chrystē men that with faithe heare thys saiyng the man is the head of the woman wher thei knowlege y t thei ought to be the guydes and the women to be the folowers And therfore the man muste beware that he go not that way by thys lyuinge that he fearethe hys wyfe wyll go by folowynge But they that be displeased that lyke forme of chastytie be kepte betwen man and wyfe and chose rather specially in thys matier to be vnder the lawes of y e world than of Christe because the ciuill lawes of the world seme to bynde men not with the same bondes of chastitie that
godlines but for y t they haue fre libertie to marie again Laste of al I aske of you whether it be lawfull for a Chrysten husbād eyther by y e olde law of god or by y e romains law to caste away or kyl his wife If it be lawful it is better to refreyn him selfe from both that is to say bothe from lawfull punyshment yf she doo synne and also frō vnlawful mariage yf she be alyue And yf he continue erneste to choose y e one it is better for him to doo that is lawfull that the adultresse be punished then to doo that is vnlawfull that she beyng alyue he commyt adultery But yf that be saide that is more true that it is not laufull for a Chrysten man to kyll hys adulterouse wyfe but onely to put her away who is so madde as to say vnto hym doo that is vnlaufull that it may be laufull for you to doo y t is vnlauful For when by Chrystes law both is vnlawful eyther to kyll the adultresse or to mary an other she beynge alyue men must absteyn from bothe and not doo one vnlawfull thynge for an other But yf he wyll nedes doo that is vnlawful let him than cōmit adultery and not murdre and rather to marye an other hys wife beinge aliue than to shedde mans bloud and yf bothe be cruell wykednes he ought not to doo the one for the other but to auoyd bothe Here I see what may be saide of those y t lyue not cōtinently that he that puttethe away hys adulterouse wyfe suffrethe her to lyue yf he marie an other so longe as his firste wyfe liuethe he is a perpetuall adulteroure and dothe no fruitfull penaūce in y t he leauethe not hys wicked lyfe yf he be vnchrystened a learner of the catechisme he is not admitted to baptisme because he is not chaūged from that y t letthethe hym nor can not be recōciled by any means cōtinuinge in the same wickednes But yf he accusynge hys adulterouse wyfe doo kyll her thys synn because he is paste it remaineth not in it if it be cōmitted of a learner of oure faith it is washed and purged by baptisme and yfit be doon of hym that is Chrystened it is made hole by penaūce and reconciliation But shal we therfore say adultery is no adultery which without doubt is cōmitted if another wyfe be maried y e first adulterous wyfe beyng aliue But exceptyng this kynde of adultery you put no doubtes but that it is adultery if any man marry y e wife of him that liueth whiche is put a way from her husband by a lybell of diuorse without any fornicatiō of the woman What say we than when he shal see himselfe not to be admitted to Baptisme if he bee a learner nor to do penāce fruitfully if he did this fault beyng christened in that he correcteth not and forsaketh not his offēce if he wold or could kyll him whose wyfe he maried that his mischeuous sinne may either be washed by baptism or loosed by penaunce and so hys adulterye shulde not remayne the woman beyng voyd of the lawe of her husbande after hys deathe but for hys synne that is paste he shuld satisfie by penaūce or haue it washed away by regeneration Is Chrystes lawe therfore to be accused as cōpellyng murther to be done seyng it calleth it adultery to marry her y t is put away wtout the cryme of fornication In this matier if we cōsidre marke what we say many more weightie thinges may be spoken than you haue sayd For you whyles that you wyll not haue it adultery to put away their adulterous wyues to marry other haue found out this y t yf we call these adulteries y t mē shal be cōpelled to kyll their adulterouse wifes by whose lyfe they be stopped to marie other and to amplifie thys matier you sayde this semeth not to me moste louīg father to be a godly sense wher gentilnes pitie is excluded Thā yf any man not willyng to beleue it adulterie whē a woman forsaken of her husbād wtout the crime of fornicatiō ▪ is maried of an other man dothe inuent thys agaynste you y t by that reason men are induced to cōmitt murders by all trayns sclanders they cāe to lye in wayte for y e husbandes of these womē which being forsakē wtout cryme of fornicatiō they haue maried or els by some true crymes to accuse thē and kyll thē that when they are dead they may be true mariages which when they wer aliue wer adulteries will not this man in amplifiynge y e matier say vnto you thys semethe not to me moste louinge brother to be a godly sence where not only gentlenes pitie is excluded but also great malignitie wyckednes is prouoked For it is a great dele more lyght tolerable y t the husbādes shuld kil their adulterouse wifes than that adulterours shuld kyll their wyfes former husbandes Dothe it please you that for thys moste vayn enuie we shulde forsake y e defence of the lordes minde and sentence or els that we shuld moreouer accuse it saiyng adulterie ought not to bee punished reuenged although a womā forsaken wtout the cause of fornication be ioyned to another mā leste he be cōpelled to kyll her husband that put her away whiles y t he desyrethe by y e deathe of her former husbād to turn his adulterie into mariage I knowe thys pleaseth not you y t for thys moste vayn enuie Christes lawe beynge founde true and holsome shuld be called hard vnmercifull Euen so after this sorte you ought not to be of thys minde to denie it to be adulterie when the secōd wyfe is maried y e first adulterouse wyfe beīg alyue because y e husband by that means may be cōpelled to kyl the adulterous wife whiles y t he desirethe y t it may be lawfull for hym to marie an other wife she beynge slayn yf it be not lawfull to do it she beyng aliue For what yf the sclanderers enemies of Christes fayth shuld also speake this that men were compelled to kyll their wiues by wicked mischiefe craftie traines whiche they coulde not beare beynge paynfull and greuouse to dwell w t all or els being sycke with a cōtinual disease and not able to lye with them or els being poore or els for loue of som fairer wiues because it is not laufull besyde the cause of fornicatiō to forsake put away these wiues which they wyll not beare and marye other lest that they beyng boūden in a perpetuall adulterye can neyther bee baptized nor by penaunce healed Shal we therfore saye leste these myscheuous murders be doon that they commytt no adulteryes that put away ther wiues besyde the cause of fornication and be maried to other But nowe for as moche as you thinke it is no adulterie yf a man put away his wyfe for fornicatiō and marie an other doo you not