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england_n	great_a	henry_n	king_n	20,531	5	4.0678	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

The determinations of the moste famous and mooste excellent vniuersities of Italy and Fraunce that it is so vnlefull for a man to marie his brothers wyfe that the pope hath no power to dispence therwith The determinacion of the vniuersite of Orleaunce NOt longe syns there were put forth vnto vs the college of doctours regentꝭ of the vniuersitie of Orleāce these .ij. questions that folowe The fyrste whether it be leful by the lawe of god for the brother to take to wyfe that womā whom his brother hath lefte The secōde and if this be forbydden by the lawe of god whether this prohibition of the lawe of god maye be remytted by the pope his dispensation ▪ we the forsaid college of doctours regentꝭ accordyng to our custome and vsage came many tymes to gether and dyd sit diuerse tymes vpon the discussinge of these forsaid doubtes and questiones and dyd examine and wey as moche as we myght dyuerse and many places both of the olde testamēt and the new and also the interpreters and declarers bothe of the lawe of god and of the canon lawe And when we had weyed and cōsidered all thinges exactly and with good leyser and deliberation we haue determined and concluded that these forsaid mariages can not be attēpted nor enterprised except a man do wronge and playne cōtrary to the lawe of god yea and that all though it be done by the pardon and sufferaunce of the pope And in witnes of this cōclusion and determination we haue caused this present publike writynge to be sygned by our scribe of our sayde vniuersite and to be strengthed and fortified with the seale of the same Inacted in the chapell of our blessed lady of the annuntiation or of the good tidinges that she had of Christis comynge in Orleance the yere of our lorde .1529 the .5 day of Aprill The determinaciō of the faculte of the decrees of the vniuersite of Paris IN the name of our lord so be it There was put forth before vs the Deane and college of the ryght counseilfull faculte of decrees of the vniuersite of Paris this question whether the Pope myght dyspense that the brother myght mary the wyfe that his brother had lefte if maryage betwen his brother nowe deed and his wyfe were ones consummate we the dean and College of the forsaide facultie after many disputacions and reasons made of bothe sides vpon this matter and after great and longe tournynge and serchynge of bokes bothe of the lawe of god and of the popes lawe and of the lawe Ciuill we coūsel and sey that the pope hath no power to dispense in this forsayd case In wytnesse whereof we haue caused this present wrytinge to be strengthed with the seale of our facultie and with the signe of our scribe our chefe bydell Gyuen in our cōgregation or assemble at saynt Iohn̄ Lateranense in Parys the .25 day of May the yere of our lorde .1530 The determinatiō of these .ii. facultes that is of the Popes lawe and the Ciuill lawe of the vniuersite of Angewe NOt longe tyme sins ther were proposed vnto vs the Rector and doctours regentes in lawe Canon and Ciuile of the vniuersite of Angewe these two questions here folowynge That is to witte whether it is vnleful by the lawe of god and the lawe of nature for a man to mary the wyfe that is lefte of his brother and that departed without childerne but so that the mariage was cōsummate And ageyne whether it is leful for the Pope to dispense in suche mariage we the fore said Rector and doctours haue accordynge to our custome and vsage many tymes commen to gether and sytten to dispute these questions and to fynde out certaynly the treuth of them And after that we had discussed and examyned many and dyuerse places as wel of the lawe of god as of the lawe of man whiche seme to perteyne to the same purpose and after that we had brought many reasons for bothe parties and examined them all thynges feythfully and after good conscience consydered and vpon sufficient deliberation and auisement taken we define and determine that nother by the lawe of god nor of nature it is permitted for any Christen man no nat euin with the auctorite of the seate apostolyke or with any dyspensation graunted by the pope to mary the wyfe that his brother had lefte all though his brother be departed without chyldren after that mariage is ones fynisshed and consūmate And for witnesse of all these forsaide thynges we haue cōmaunded our scribe of our fore sayd vniuersyte to sygne this present publike instrumēt and it to be fortified by the greatte seale of our sayde vniuersite Inacted in the churche of seynt Peter in Angewe by our college the yere of our lorde .1530 the .7 day of May. The determination of the facultie of diuinitie of the vniuersitie of Paris THe Deane and the facultie of the holye diuinitie of the vniuersitie of Paris to all them vnto whom this p̄sent wrytīg shal come wyssheth safetie in our sauiour Christe whiche is the verye trewe safetie where of late there is rysen a controuersie of great difficultie vpon the mariage betwene the mooste noble Henry the .viij. kynge of Englande defendour of the faythe and lorde of Irelande c. and the moste noble lady Catharine quene of Englande doughter of the Catholike king Ferdinande which mariage was nat onelye contracte betwene her and her former husbande but also consummate and finysshed by carnall intermedlynge this question also was proposed vs to discusse and examine accordynge to Iustice and treuth that is to say whether that to marie her that our brother deade without chyldren hadde lefte be so prohibite by the lawe of god and of Nature that hit can nat be made lefull by the popes dispensations that any christian man shulde marye the wyfe that his brother hath lefte we the foresayde deane and facultie callynge vnto our remembraunce howe vertuous and howe holy a thynge and howe agreable vnto our profession vnto our duetie of loue and charitie hit is for vs to shewe the waye of Iustyce and ryght of vertue and honestie to them whiche desyre to leade and passe ouer their lyfe in the lawe of our lorde with sicker and quiet conscience wolde nat but be redy to satisfie so iuste and honest requestes whervpon after our olde wonte we came to gether vpon our othe in the churche of saynt Maturin and there for the same thynge had a solempne masse with deuout prayer to the holy goste and also we toke an othe euery man to delyuer and to study vpon the foresayde question as shulde be to the pleasure of god and accorgynge to conscience And after diuerse and many sessions or syttynges whiche were had and continued in the churche of seynt Maturin and also in the college called Sorbone frō the viii day of Iune to the seconde day of Iuly when we hadde serched and examined throwe and throwe with as

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