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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

of goddis lawe of the lawe of nature most hollely made and euermore to be obserued and kepte and at no tyme to be broken ¶ Nowe to come to the doctours of the churche Tertulian the most oldest writer of all that were sins the tyme of the apostels is author and dothe wryte that this Leuitical forbyddynge that a man shulde not mary his brothers wyfe was brought in taught and ordeyned specially and by name euen of Christe him selfe and his apostels bycause that all the holle churche and company of Christes faith shulde obserue and kepe it with all deuocion and reuerēce For the same Tertulian disputeth agaynst Marcion vpon this poynt that Christ in the gospel dyd excuse rather then distroye Moses constitution of the lawe of diuorse or departynge of man and wyfe This matter saythe he of diuorse is nat here brought in sodeinly of Christe but it taketh his rote and groūde of that thinge that Iohn̄ maketh mencion of For Iohn̄ did sore rebuke Herode the kyng by cause he had contrarye to the Leuiticall lawe maryed the wyfe of his brother whiche was deed and leste a doughter that he had of her And therfore Iohn̄ was caste into prison by kynge Herode and afterwarde by hym slayne Therfore saythe Tertulian that after there was mencion made of Iohn̄ and what ende folowed of hym our lorde for an example of vnlefull maryages and adulterie dyd vehemently crie out vpon kinge Herode sayeng openly and playnely that euery man also was an adulter who so euer dyd marye her that was departed frō her husbande that ther by he might make the vngodlines and abhominacion of Herode the more greuous and heinous whiche had maried her that was departed from her husbande as well by his deth as if she had ben diuorsed frō him specially seing that his brother had a daughter by her so that she was maryed vnto hym vnlaufully and hit were but for this thinge bicause he dyd it by instinction and mocion of foule luste of the body and nat by instinction and mocion of the lawe and therfore slewe the prophet which was the meynteyner of the Leuiticall lawe And the same Tertulian also writeth in an other place Bycause saythe he that certayne persones some tyme do saye that they haue no thing to do with Moses law whiche Christe doutles did nat take away but fulfylled and made hit perfecte do some tyme take those thinges of the lawe that lyketh them and make for their purpose playnly we also say this that the law is departed and gone as touchynge this poynte that accordinge to the mynde and sayenge of the apostels the burdens of the lawe whiche our fathers were nat able to beare be vtterly ceassed and taken aweye But as for those thynges that perteyne to Iustyce and vertue do remayne holle nat onely reserued but also amplified and increassed so that our instyce and goodnes whiche be christian people shulde be moche greatter and perfecter than the iustice of the scribes and phariseis and be suche iustyce as a very iuste man ought to haue And our chastite likewise shulde excel and passe theyrs and in no poynt be lasse than theyrs Nowe bicause it is cōmanded in Moses lawe that a man shuld take to mariage his brothers wyfe that is departed without children bicause he shulde stir vp sede or gette issue to his brother And bycause this thyng may happen often tymes to one persone as that one woman may be maried to .vi. or .vij. bretherne one after an other for lacke of issue by the former brother accordinge to the subtile question of the Sadduces in the gospell therfore some do thynke that the oftennes of mariage is permysed also in other cases But these men shulde haue vnderstanden first of all the reason and consideration of this precept so they shulde haue well knowen that this reason is nowe ceassed and one of the thinges whiche be nowe voide and of no strengthe nor auctoritie For a man was bounde of necessite to marie the wife of his brother whiche was departed without chyldren Fyrste bycause that as yet that olde blessyng of god Increse you and multiply ought to run forth and continue Seconde by cause the children were punisshed for the fathers fautes Thirdly bycause that the drye and baren persones were had for defamed persons therfore an ordynaunce was made that they shulde haue issue by other of theyr kynne as ye wold say by a proctour and bigotten after the dethe of the father bycause that they whiche were departed without issue nat by the faute of nature by preuencion of deth shulde not therfore be iudged accursed and vnhappy But nowe the blessynge of encresynge and multiplyeng bodily and carnally is ceassed bicause the worlde is at an ende For the apostle induceth counsayleth vs sayenge There is no more but that they also whiche haue wyues shuld be as if they had none bicause the tyme is shorte And agayn The soure grape that our fathers dyd eate that is the sinne that they dyd doth no more stonysshe or set on edge the tethe of the childerne For euery man shall dye for his owne synne And more ouer the baren nowe be nat all onely without infamy and rebuke but also haue deserued thanke fauour of god being inuited and admitted into the kingedome of heuen And therfore nowe this lawe that a man shuld succede into his brothers mariage or that he shuld marie his brothers wyfe is nowe vtterly deed and buryed the contrary of this lawe hath place that a man shuld nat succede into his brothers mariage nor marie his brothers wife And by this as we said before that lawe whiche is ceassed and is no more of strength by cause the reason of it is taken away or ceassed can nat be a cōuenient prosse for an other thinge ¶ Therfore seinge that these thingꝭ before said were writen of Tertuliā at that tyme whan the church had made very fewe lawes or truly none at all beside tho thīgꝭ which Christ him selfe his apostels had taught it is plainly to be beleued that this law that a man shuld nat marie his broders wife came by the ordinance of Christ his apostels that it was renued cōfirmed declared as ye wolde say by a new conuenāt agremēt by a latre testamēt as a law very worthy to be obserued of al christian men for euer more and that ought to be kept with al reuerēce religiō ¶ And that holy mā saint Gregory whiche for his great lernynge and vertue was named Great dothe greatly confirme the same thinge whiche whan saint Augustine the bysshop of the Englysshe men had in tyme past writen to him for counsell whether two brothers germayn myght marie ij sisters which were descended of a stocke farre from them he answereth that this thinge in all cases was lefull to be done by cause there is nothinge foūde in holy scripture that is thought to

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

mariage haue in them the auctoritie and maiestie both of the lawe of god and of the lawe of nature and that by very good ryght and reason Amonge the whiche Popes be princypally Calixtus Zachary and Innocent the residue we will not speake of For Calixtus when he was asked why the maryages of kynsfolke were iudged to be vnlefull he answereth Bycause saith he that both goddes lawe and mans lawe hath forbydden them And truely goddes lawe dothe nat onely cast out the childerne whiche were gotten in suche maryages but also dothe calle them accursed and the lawes of manne do calle them infamed persones and do putte them backe from their fathers herytage Further Pope Zachary aunswereth in this maner vnto Theodore the bysshop of Tycin or Pauy askynge counsayle of hym whether that the god doughter might be maryed with the naturall sonne Thy holy brotherheed saythe Zacharie knoweth right well that our lorde did cōmande Moses sayenge Thou shalte not discouer the foulenes of thy father or mother or syster for it is thyn owne foulenes Seinge therfore that we are cōmanded to absteyne from our owne kynrede carnall moche more it is cōuenient that we shuld with all straytenes beware of her that is our faders doughter spritual which place the gloser expoūding doth argue that the Pope al though he wold can not dispēse ī the .ij. degre of cōsanguinite nor yet ī the .ij degre of the fyrst maner of affinitie for the ij degre of cōsanguinite and of this affinite hath his beginning of the lawe of nature And agayne bicause the same degre is forbidden expresly in the old testamēt of god ¶ Furthermore holy Pope Innocent the third also when the king of Hungary had cōplained vnto him of the bisshop of Quiclesiense that he shulde haue misused him selfe with his owne nece he wolde gyue no eare to suche cōplaint For who sayth he can lyghtly beleue that the bysshoppe of Quinclesiēse wold be turned to so shameful passion that he wold cōmit abhominable incest with his owne propre nece seinge that euen after the myndes sayenges of the hethens the lawe of nature dothe not suffre that we shulde suspect any greuous crime betwene suche persons ¶ And the same Pope also folowynge the holy constitutions of the emperours in this poynt For the same consideration dyd make a lawe that prestes myghte kepe theyr moders their doughters and their sisters germayns within their houses ¶ Furthermore the same Pope whan the archedeacon of Byturs sent vnto him to knowe whether that wyfe whiche was departed from her husband without iugement of the church bicause her husbande and she were in so nygh degree of kynred that the sete apostolike coulde nat nor yet was nat wont to dispense with it ought to be restored agayn to her husbande answereth on this maner This woman sayth he which doth knowe the kinred betwene her husbande and her specially in those degrees whiche be forbydden by the lawe of god can not haue to do carnally with this her husbande without deadly synne For all that is not done with faythe and good conscience is synne and what so euer is done agaynste our conscience dothe bylde to hell warde And therfore it were but foly to yeue iugement in this case that this woman shulde be restored agayne to her husbande by cause she oughte not in this poynt to obeye the iudge contrarie to god but rather shulde mekely suffre to be excommunicate For if she shulde be restored agayne vnto this man there shulde ryse a marueylous perplexe and intricate difficultie for she shulde be bounde to do her duetie to her husbande bycause of the iudges sentence and agayne she ought not to do it bycause of her owne conscience seing she knoweth that she is of his kinred And so it shulde come to passe that they shulde be greuously combred and a snare shulde be set for them both to bring them to helle seynge that they can nat carnally come to gethers nor yet be maried the ton with the other Therfore seythe he as often as kinred is obiecte within the degrees forbidden by the law of god it is thought best that iudgement be gyuen that restitucion be made as concernyng al other thinges but as concernynge bedde and carnall medlynge restitucion must vtterly be differred seinge it is better for bothe parties to be discharged in their consciēce vnder this maner than by the other wey to remayne in charge and cumbraunce of conscience And Innocent doth cōfirme in the foresaid place this iudgement of his by dyuers reasons fyrst by the answeres of two Popes Lucius and Clement of the whiche the one vtterly denieth that there shulde be made any restitution in the foresayde case and that they oughte in any wise to knowe of the exception that is whether they be in suche degre of kynrede or no before they come to the article of restitution wherby she shuld be restored home again to her husbande ¶ And the other Pope all thoughe he graunt that she shulde be restored yet whan that is opteyned he thynketh hit is not lefull for the manne whiche dothe knowe of his kynrede betwene hym and the woman nother to paye the duetie of mariage ageynste his owne conscience nor yet that he can require the same of the woman Bicause saythe he if he shulde do it he buyldeth to hell warde no more then he can that is maried to his kynsewoman hath knowlege of his kinrede although there be no questyon nor doubte moued vpon his maryage but onely his owne knowlege and conscience ¶ Furthermore Innocent confirmed his sayenge by a commune opinion and determynacyon of the Canon lawes by the whyche doubtlesse hit is determyned that in degrees of kynrede forbydden by the lawe of god there shulde be no waye to restytution by cause that in those degrees there canne be no dyspensacyon But in those degrees the whiche be forbydden by the lawe of manne there maye be fulle and effectuall restitucyon bycause in these degrees there maye be dyspensation Nor be dothe not synne whiche in this artycle dothe paye the dette of maryage at the commaundement of the Churche ¶ And trewely manye other thynges there be wrytten of the same holye man for this pourpose in other places but our boke wolde growe to an excedynge greatte volume if we shulde wryte them all And these thynges that we haue shewedde gentyll indyfferente reder do clerelye open vnto the what these good Popes haue determynedde vppon these Leuitycall prohybytions of matrymonie whiche is this that they do bynde of necessite bycause they be both of the lawe of god and of Nature so that they iudge that they ought of necessite to be obserued both amonge christian folkes and amonge infidels and the vnfeythfuls ¶ Now besyde al this we shal proue the same by the auctoritie of holy counsayles For doubtles in the counsaile of Tollet it is decreed in this wyse we decree that no faithfull man shall desire to