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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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people oughte not to kepe them bodely or as the bare letter and wordes doth speke but we muste consyder what they sygnifye and we be tought by the apostels owne wrytynges that we must kepe suche lawes spiritually not corporally for whan we rede any suche thynges in the instrument of the olde testamente whiche in the newe testament we other be not commanded to kepe or vtterly forbyd to kepe them we muste not rebuke it but we must seke out what is the gostly meanynge of it For in so moche as we do no more obserue it that proueth not that it is damned in no wise to be receiued but that it is fulfilled And therfore this same selfe thynge that Faustus bycause he dothe nat vnderstande it hathe layde against christian men as a crime and greuous offence serueth for nothyng elles in the worlde but onely to shewe mistycally vnder a fygure and cloude a spirituall purpose it is this that euery preachour of the godspell is boūde so to labour in the godspell that he stir vp sede vnto his brother departed that is to Christe whiche dyed for vs. And the sede that shal be stirred vppe muste haue the name of the brother that is departed wherfore we be called Christiās and therfore without doubt we nowe be bounde to kepe and fulfill this lawe not carnally by bodily generacion after the olde meanynge and takynge of it but spiritually and by gostly generacion and after the trewe vnderstandynge And for this saint Paule the apostell fulfylleth this lawe spiritually where he is angrye with them whom he saythe hym selfe to haue engendred and gotten throughe the godspell and the worde of god to Christe Iesus his brother and not to him selfe nor to none other mā And therfore doth sharply blame rebuke them whiche wolde be called Paulins or Paulis men what saith he was Paule crucified for you or were you baptysed in the name of Paule as if he had sayde I begat you to my brother whiche is deed that is to Christe Be you called therfore Christians Christes men not Paulins or Paulis men ¶ Agayn in his boke of questions vpō the Leuiticall and in that worke also that he named the Myrror he saith that this forbod that a man shulde not marie his brothers wife and al other thingis that be forbyd in the .xviij. chap. of the Leuiticall we be bounde without doubte to kepe them nowe in the tyme of the newe testamēt and lawe of the gospell whan the obseruaunce and kepynge of the olde shadowes and bodily or outwarde tokens is taken away ▪ For what soeuer thynge as he sayth in an other place dothe helpe and serue for vtue good maners lykewyse as they were not ordined to betokē any thinge but to shewe vs howe we muste lyue so they ought nat by any interpretation or vnderstandyng be applied to any signifyinge or tokenynge as if they were but signes tokens of thynges But as many as be of Christes religion and beleue be bounde of necessitie to kepe them euen so as they be spoken And in an other place he saith Although in tyme paste men maried their sisters yet that thing was done bicause necessite compelled mē vnto it for as moche as thā were so fewe people but this thīg is not so olde nor was neuer so necessary but it is now as damnable bicause that religion dothe forbyd it For it ought to be done than whan it might bicause that by mariēge of sisters there might be plentie of women so that by processe they might take wiues whiche shulde nat be their sisters but afterwarde ones that this necessite ceassed that there were women inoughe this thynge oughte not onely to be vndone but if it were done it shulde be a crime not to be spoken For I wote not howe saith he there is amōge all the poyntes of mans shamefacidnes one certayne natural cōmendable poynt and it is this that to what so euer woman we be bounde to do honour with reuerēce and shamefacidnes our carnall luste yea thoughe it be for generation yet by cause it is carnall luste we refrayne it from that woman specially considerynge that we se maryed folke namely that haue shame honestie to be ashamed of suche luste ¶ Nowe here thou seest gentyll indifferēt reder what is the iugement of these great diuinis wherin thou shalte call to thy remembrance .iiij. or .v. thynges Fyrste what so euer persone of Christes beleue breke any of these Leuiticall prohibitions of maryage he shall be damned bothe bodye and soule in to euerlastynge deathe of helle Seconde that not onely the Iues dyd absteine from marienge their brothers wyues euen as ye wolde say for feare of some mischiefe yet they mighte haue done it by auctorite of their lawe but that the very heathens also after the deth of their wyues dydde euer more absteyne from maryinge of their wyues sisterne as from a certayne impietie or abhominacion agaynst nature Thirde that mariages contracte contrary to these prohibitions be vncomely and abhomynable and as nere as can be to the lyfe of brute beastes and suche as christian people shuld nother abyde to here them spoken of nor yet to thynke on them and that they be cleane contrarye to charitie ye and furthermore that they be the transgression and breking of all the lawe Fourthe that they be so greuous and so hateful in the sight of god that they haue distroyed hole nacions polluted the lande and being polluted caused hit naturally to grudge to put them out which had cōmised suche thinges doutles bicause that god did take vengeance at the grefe and complaynt of the lande Finally that these prohibitions perteyne not onely vnto the Iues but to all christians whiche come to serue god and that they whiche be polluted and corrupte with any one of these not to be spoken dedes is defyled with them all and that god is angry with them and wyll not dwell with them and contrary that the spirite of god dwelleth in them that kepe them selfe cleane from suche foule couples And seynge that these foresayde thynges be true it is prouided as playnely as can be that these Leuitical lawes be out of doubte the cōmandementes of god and that morall cōmandementes ordined for thincrease and mayntenaunce of honestie ▪ and vertue and that they muste not be kepte after a spirituall and a mysticall vnderstandynge as Isichius saith more than after the playne letter and euen as they be spoken namely amonge christian folke For as many as be trewe Christes disciples the spirite of god dwelleth in them and if there be any that hath not the spirite of Christe he is none of Christes And therfore christian people specially had nede to be holye and not to suspēde the temple or churche of god with suche abhominations or any other vice but it becometh them to be innocent from all maner of foulenes and vnclenlynes ¶ And marke well this thynge also gentyll
god made no such rehersall nor doublynge nor said not twyse I your lorde god but Moses yea rather the holy gost that spake in Moses doth this for this consideration that these holy lawes shulde not be dispised or littell regarded by cause some sayde that they were Moses lawes But these thynges that be here commaunded be not Moses preceptes but the commaundementes of god Agayn Moses rehersed these thinges bycause there was meruaylous dilygence and studye taken that bothe the letter and texte and the lytterall or carnall sens and playne meanynge of these preceptes shuld be obserued and kepte and also the spirirituall and gostly vnderstandyng and that a great and a right lawe shulde compose and order bothe the outwarde and the inwarde man also whiche is bounde to kepe bothe the outwarde superfyciall meanyng of this lawe and also the inwarde and mysticall intēt of the same And as for the vttermore and superficial minde of this law forbyddeth them that be nyghe of bloud to haue any a do to gether by the waye of mariage or other wyse bicause that thyng also was kept amonge the hethens whose londe god dyd take from them to gyue it the Iues for their heritage And by cause he wolde shewe that this cōmaundement is necessary and of necessite to be kepte he dothe nat onely recken vp the degrees of kynred but also in rekenynge them he setteth forthe playnely the cause why euery lawe was made and the cōmixtion or couplynge of suche persons he calleth it discouerynge of foulenes or shamelesnes signifienge that who so euer commytteth any suche dedes euery body shulde be ashamed of him euery body tourne their faces from hym and that he ought to be abhorred and hated of euery body For who so vnhelleth the foulenes or the parties to be ashamed of of his kynsfolke be they of kyn gostly spiritual or bodili and carnal he is foūde to be a breker and a transgressour of al the holle lawe For the thinge that he doth is contrary to loue and charite whiche is the fulfyllynge and performing of al the holle lawe And that a man or a woman is after no small facion polluted and defyled by these forsayde vices the indignation vengeaunce and punysshement that is appointed for such vice doth euidētly shew And truly we ought not to pollute our selfe with neuer one of them For who so is polluted with any one of them is polluted with them all Therfore whan the lawe wolde shewe that they be all ioyned and knytte faste to gether so that a man can not offend ī one but he must offend in all so be polluted by al for this cōsideracion the lawe hath gathered them all to gether and couched them vp here all in one place and proueth that they be so greuous and haynous enormities that they distroyed holle nacions and polluted the lande and whā it was polluted made it for to be forsaken and to vomit out and refuse them that had cōmytted suche vice in hit not bycause the lande coulde expell put out or euomit them but bycause euen the very erthe selfe of the owne Nature that god hathe gyuen it doth wayle and mourne at suche abhominations and god that is ryghtefull taketh vengeaunce both for this mournynge and heuynesse of the erth his creature and also for breache of his lawe and for infamie and villany done to his creature ¶ He maketh ofte rehersall and stableth his law and cōfirmeth his thretis and ageyn setteth punisshementes and that for this intent bycause he wolde feare vs and quicken vs to forbere suche thinges as he forbiddeth vs that we shuld not fall in to the penaltie that he hath thret And truly the penaltie is the losse and destruction of the soule which begīneth here in this life by syn that is deth of the soule is accomplisshed ended in the lyfe to come in the euerlastinge tourmentes of hell wherfore he byddeth bothe the Iewes and straungers that do professe the Iues lawe to flie from suche abhominations and in no case to do them which thinges our auncientes greately vsed and they haue polluted our lande And yet nowe the thyrde tyme he commaunded the same thynges to shewe that they be not the cōmādementes of mā but of god hym selfe Laste of al sayth he consyder with what wordes he doth confyrme this presente constitution or penall lawe Suffre nat your selfe to be polluted with such vices for I am your lorde god wyllyng that we all shulde be cleane from al pollution and syn for the image similitude of god is with in vs and roūde about vs. and as often as we pollute the image of god by syn but specially by any of these noughtie and not to be spoken dedes that ben here forbidden god must nedis be displeased and angry And if we kepe this ymage of god within our sowle pure and cleane god hath suche delyte and pleasure therein that he vouchith saufe to inhabite within vs. Therfore who so euer doth defyle the temple or churche of god god shal distroy hym For the temple or churche of god is holy whiche churche or temple you be saith Paule to al christen folke ¶ Ageyn Isichius sayth a litle after It is in very dede quod he vncomely and as nye to the lyfe of brute beastes as can be for a man to be maryed and medle with his brothers wyfe or with any of his kinsmens wyues namely of them that be nere of bloud wherfore god commandeth and decreeth that he whiche marieth of this facion shall dy without children Doutles bycause that he misusynge hym selfe doth marre and confounde and vtterly disorder the lawe of bryngynge forth children ¶ And agayn afterwarde sayth Isichius These thynges be not spoken of onely to the Iues whiche by cause they be circumcised and haue Moses lawe thynke them selfe alone from al other nations but they be spoken to euery man woman and childe whiche intende to serue god ¶ And to this place we haue rehersed you Isichius wordes Nowe with all these doctours opinion agreeth saynt Ambrose saynt Hierome and saynt Augustine ¶ Firste where one Paterne had a sonne by one womā and a doughter by another whiche had also a doughter wold haue maryed his doughters doughter to his sonne the maidens halfe vncle he counsailed saint Ambrose in the case which made hym this aunswere I nother thynke nor iudge that your bysshop an holy man doth loke after my sentence and iudgement in this matter For if he hadde he wold haue written to me of it and in somoche as he wrytteth not he sheweth playnly that he iudgeth this no matter to be doubted on for what doubt may be in this case whether thy sonne and thy doughters doughter or thy nece by thin owne doughter may mary to gethers seynge the lawe of god forbyddeth that thy sonne shulde mary with thy brothers doughter But fyrst let vs examine the wordes of the law for thou