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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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feyth beleue and truste what to knowlegynge of synne what to holynesse what to perfection to rightnes to equitie and conscience to loue and charitie breuely what thinges before god are taken for cleane or vncleane fyled or vnfiled comely and acceptable abhominable and cursed holy and vnholy All these thynges teacheth the sayde lawe of god And the historie of Moses concernynge the sacrament of matrimony is after this maner and forme folowynge ❧ The fyrste chaptre GOd that is best and almightie after that he by his power whiche can in no wise be expressed had made heuen erthe and all thynges that be conteyned within the compasse of the same and at the laste had made Adam also he sawe accordynge to his incredible knowlege and wysedome that it was nat conueniēt nor yet good that Adam shuld leade his lyfe in Paradyse solitary and all alone without company and destitute of all helpe and comforte for god made hym naturally to lyue in amitie and frendship in loue and good wyll and hadde grauen nowe alredy in his soule with his fynger of the holy goste certayne generall vnder standynges perceyuynges and knowleges the whiche shulde nat onely moue and sturre hym to the loue of god and man to amitie and frendeshyppe and to other dueties dedes and offices of vertue but also shulde greatly helpe and strength hym make hym able and of power to performe and fulfyll those same offices of vertue after suche maner as they ought to be done Therfore god soone after he hadde made Adam cast hym in a deed slepe and toke out one of his rybbes of his side and made it a womā And whā he had broght her vnto Adā had coupled them straitly to gethers by the bōde knot of mariage by and by he made the lawes of mariage sayenge by the mouth of Adā Nowe this bone of my bones and flesshe of my flesshe For the which cause a man shal leaue his father and mother and shall stycke vnto his wyfe and they shall be two in one flesshe or body or two shall be made one flesshe or bodye But the deuyll hauynge enuy at their felicitie by and by came vpō them by subtiltie and suche crafte as can nat be tolde and dyd nat ceasse tyl he had allured them into the snare of synne And therfore they were owtlawed and dreuen forthe of Paradyse and were cōpelled to till and labour the erth There when they had applyed them selfe to brynge forthe children and nowe by proces of tyme the multitude of men was increased vnto an infinite noumbre god seynge that moche was the malyce and vyce of men in the erth and that all the thought and mynde of the herte of manne was sette and bent euermore and at all tymes to noughtynesse and synne in so moche that they toke them wyues at aduentures whome so euer they hadde chosen sparynge or forbearynge no maner degree of affinitie or kynred oure lorde repentynge hym selfe that he hadde made man brought in the waters and Noes fludde vppon the erthe and slewe all the flesshe in the whiche was the spirite of lyfe vnder heuen excepte those fewe whome he commaunded to go in to the arke or shyppe of Noe the whiche fewe whanne after the drownynge of the worlde they were called out of the shyppe abrode that is to witte whan that our lord was atone ageyne with mankinde he gyuyng his blessing to Noe his children whan he was about to publisshe vnto them agayne the lawes of maryage Fyrste and before all thynges he commanded them to do their dutie in mariage and to encrease and multiplie and fyl ful the erthe But after this whan certayne hundredes of yeres were paste and nowe the children of Israel after theyr departyng out of Egypte where they hadde dwelled of a longe tyme had ben in the wyldernesse .lx. dayes more or lesse and had pyght their tentes ageynste the mounte of Oreb and there our lorde had shewed vnto Moses with wonderfull religion and fearefulnes nat onely the commaundementes and iudgementes the whiche he wolde to be gyuen to his people but also had instructe hym at large of the buyldynge of the tabernacle and of the ornamentes of the same of sacrifice doinge and of bole bourned sacrifice and of the place and tyme of the same of the prestes of the kynred of Leui of the difference of meates of the clensynges of leprijs and of other mistycal thinges in the whiche outwardly appered a shadowe of feythe and of good maners not the very thynge in dede our lorde called Moses vnto hym agayne out of the tabernacle of witnesse or promyse and by cause that the tyme was euen at hande for the people of Israhell to entre into the londe that god hadde promysed them he commaunded Moses ageyn that by his worde and cōmaundement he shulde admonysshe the people of newe of kepynge the moralle preceptes and that perteyne to good maners and to the orderyng and wel rulinge of theyr lyfe and that he shulde make them playn and open vnto them after the moost largest and playnest maner that he coulde Therfore by cause that god dyd study and dyd care before al thinges that his people whom he had chosen for his owne propre flocke shuld with suche chastitie and pure holynes as becometh kepe their matrimony the whiche is in honour and reuerence amongest al folkes And bicause they shulde kepe their beddes vnspotted and vndefiled nor shulde nat pollute them selfe with suche maner of mariages as he had abhorred and had in abhominacion nowe of longe tyme amongest the hethens had ryghtfully be reuēged vpon them by mooste greuous punysshementes bycause they were vncharytable incest and a cursed our lorde cōmaunded Moses that he shulde prescribe vnto his people lawes of matrimoni that shuld be cōformable and agreing with honestie and shamefastnes naturall and that he shulde vtterly forbydde suche maryages whiche had foulenes and dishonestie in them And therfore our lorde vsed these wordes vnto Moses in the .xviij. chaptre of the Leuiticall sayenge O Moses speake vnto the children of Israhell speke and tell them nat thy worde nor thy commaundement but myne For I my selfe their very lorde and god do teche them this and this commaunde them that they lyue nother after the abhomynable custome of the Egiptiens from whose miserable bōdage I haue delyuered them into perfecte and full libertie by my valiaunt arme and myghtie power nor yet after the vngracious vsages and maners of the Cananees whose lande I wyll gyue vnto them and wyll brynge them into it ▪ but that they from hensforth obserue and kepe my commaundementes my iudgementes and my lawes and that they folowe them and lyue after them For besyde other myscheuous vices this thyng also is leful and customable amonge those hethens to myngle or marye them selfe by moost shamefull luste and plesure of their bodyes with women that be most nyest of their bloud and of their affinitie puttynge no
And for orderynge of this power bycause the pope is nat suche one that can not synne nor is not confyrmed in grace Christe hath made his rule of the godspel after the whiche the pope shulde order all his doynges from the whiche rule of the gospel if the pope wolde vary and swarue and wolde graūte any thinge that shulde be contrary to the preceptes of the same godspell he doth not followe that power that god hath gyuen hym nor god doth not approue that that he doth ¶ And as for that whiche Pope Innocent Pope Nicolas do saye That it is not lefull for any man to iudge of the iudgement of the seate of Rome nor lefull for any man to reuoke or reuerse the sentence or iudgement of that seate for bicause of the preemynence of the churche of Rome This sayinge of them ought not greatly to moue vs. For we thinke that tho wordes muste be vnderstonde thus That it is not lefull for any inferior power to reason vndiscretly on the iudgement and determination of that seate nor to affirme and holde openly any thinge cōtrary to that determination excepte that it be euident and playne that the iudgement of that seate be erroneous wronge As master Gerson writith And that it is not leful for ani inferior person to iudge as it were by auctorite vpō the iudgemēt determinaitiō made bi the pope as though he had iurisdiction power ouer the pope for bi cause of the preeminence of the seate of Rome But if that any pope do decre any thing ageynst the lawe of nature and goddes lawe there if any mā do iudge reson of his determinatiō iugemēt wisely discretly clarkely not as it ware by auctorite doth labor with all his might that his sentence determination maye be reuoked and called agayne This thynge is as we thynke so far of from sacrilege pride and presumption or any other vice that we beleue there can be nothinge more godlye or more nere vnto the religyon of Christe For doth not the Churche often times by recht and good lawe reuoke correct and reproue the dedes and determinations of the Popes whiche haue not bene very wel and conuenyently done of them or dothe it let to chaunge them and make them better yea furthermore hath not al so meane bisshopes resisted withstōde the wronge vnreasonable sentencis cōmandemētes of the popes not regardinge their cursynges excōmunicaotins al punisshemētes that the churche doth vse And bycause we will not seke far in histories for an exemple in this matter we shall shewe you a thinge or .ij. that was done here in Englande and in Fraunce here by ¶ Laurentius successor to Austine in the archebysshopprike of Canturburye after that he had cursed Edbalde the kynge for marienge of his stepmother coulde not be moued by no prayenge nor requeste of the Pope nor by drede of cursynge to absoile the saide kynge tyll he had renounced and forsaken that fylthy and incest mariage ¶ And Dunstan archebesshop of the said seate folowinge the forsayde Laurence after that he had excommunicat and cursed the erle Edwyn bicause he had maried his brothers wyfe coulde not be moued by no meanes to obei the pope that desired him charged and cōmanded hym most sharply and streitely to assoyle the sayde Edwyn vntyl he hadde forsaken his vnlefull wyfe And more ouer it is written that he was euer wōt to haue this saieng in his mouth GOD forbid that I shulde for any mortall man not regarde the lawe of my god ¶ And thus also Sampson some tyme archebisshoppe of Rein had leauer haue suffered the most extreme punisshementes that coulde be and al ieopardies of excommunicacion and cursynge then he wolde anoynte Alam douchter to the erle Theobald for quene whom at that time Lewes the frenche kynge had maryed bycause he hadde diuorsed before Alams syster from Philip brother to the sayd kynge Lewes by reason of consanguinite ¶ And no lesse worthy to be remēbred is that whiche Grosseheed somtime bisshop of Lincolne dydde For when Pope Innocent wolde haue constreyned hym to make the Popes neueu a canon whiche was an vngracious felowe and vtterly vnworthye and vnmete he wrote ageyn these wordes There can no man sayth he beinge subiect and feythfull to the seate of Rome with cleane and pure obedience and not cut of by diuision from the body of Christe and from the same holy seate obey suche commaundementes or any other maner enterprises from whense so euer they came yea and though it were from the highest order of aungels but he muste and is bounde of necessitie both to speake agaynst them and to fyght and rebell ageynst them to the vttermoste of his power Therfore reuerende syr for the duetie of obedience and fidelite that I owe to both my parentes and to the holy seate of Rome and agayne bycause we bothe be ioined to gether as membres in one body of Christe I lyke a catholyke man and as one of the body of Christe and lyke a good childe do not obey but gaynsay and rebell agaynste those thinges that be conteined in your letter bycause they swarue as playnly as can be in to that forsayde synne whiche is to our lorde Iesus Christe mooste abominable and of it selfe moste myscheuous and pestilent and vtterly contrary to the holines of the seate apostolye Nor your wisedome and discretion can not decree any sharpe punisshment agaynste me for this cause if you will do nothynge but that whiche is rycht and resonable Bothe by cause all my sayeng and doing in this behalfe is nother geinsaieng nor geynstriuinge or rebellion but honour reuerence suche as a good childe oweth to his father and his mother and agayne bycause the holines of the seate apostolye can do nothynge but that whiche shulde be to edyfienge and not to destruction ¶ O the great cōstancy the saieng moste comely for a christian bysshop For howe peruerse a thing what a cōfusion shulde it be as saint Barnarde saith bi obeyeng to euyll nauchtie cōmandemētes wherin thou semest to be obediēt to mā to shewe thy selfe inobediēt to god which hath forbiddē al that is ill done For if god forbiddeth that whiche man cōmandeth shal I here man and be deafe and not here god ¶ Therfore that we mai come to our matt̄ agein wher as we lefte Truely if the pope do suffre bi his auctorite and power incest mariages to be made or wyll not breake them when they be made which as Gregory saith be abhominable to god to all good men it shall be the dutie of a louing a deuout bisshop not only to withstande the pope openly to his face as Paule dyd resist Peter bicause the pope verili is to be reprehended rebuked but also with all faire meanes gentylnesse and lernynge in tyme and out of tyme oucht to crye vpon hym to rebuke reproue beseche exhorte hym that the
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