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A00327 The censure and iudgement of the famous clark Erasmus of Roterodam: whyther dyuorsemente betwene man and wyfe stondeth with the lawe of God With diuers causes wherfore it is permitted, with the mynde of the olde doctours, wrytten by the said Erasmus in the booke of his Annotations, vpon these wordes of Paule. i. cor, vii. She is delyuered fro[m] the bond of the lawe, let her marry to whom she wyll, translated by Nycolas Lesse.; Annotationes in Novum Testamentum. English. Selections Erasmus, Desiderius, d. 1536.; Lesse, Nicholas. 1550 (1550) STC 10450; ESTC S105526 46,826 162

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wyfe that is to saye after the spiritual vnderstondynge the fyrste Synagoge to geeue example that he woulde do accordyng as the scriptur teacheth which saith whom God hath ioyned together let no man separate but when his wife is an aduouterous woman beynge corrupted of the aduouterouse ennemye by whose counsell she soughte the death of her husbande c. And a lyttell after he sayth And Christe for the church sake didde leaue and go from his father with whome he was what tyme he was in the forme of god and from his mother also c. Hitherto are the wordes of Orygen Thou heareste in this place gentyll reader of a diuorsement and after the dyuorsemente of a newe spouse whereby it is manyfeste and open that Orygen was of thys mynde playnelye that after a man hath put awaye his wyfe for whoredome he may marrye another wyfe But where as he sayethe that the bysshopps dydde agaynste the doctryne of the gospel whiche permytted and gaue lycence for maryage after dyuorsemente he dooth meane of those men whiche dydde putte a waye theyr wyues for other causes as the Iewes dydde And in the lyke manner thou muste vnderstande that whiche he wryteth where he saythe these wordes After the selfe same reason as the woman is an aduoutrous person although she semeth to marry lefully during the lyfe of her husbande euen so the man although he semeth lawfullye to take that woman to wife which is so diuorsed from her husbande yet dot●… he not lawfully take her accordīg to the mind of Christ but he doth commit the greater aduoutrye as one which doth take another mās wyfe H●…e Origen speaketh of those which domake diuorsementes for other causes which Christ dyd not except or for lyghte causes And yet those matrimonis by mans law were not punished yea they were taken as good and law full But Origens reasoninge is whether suche matrimonies be lawfull after the words of Christ or no namely where as great offences did make the separation be twene the man and wife as for attemptynge to poyson her husbād or to do murther and saith Thou shalt examyn whither he hathe a iuste excuse before god or naye And yet the sayth that who so putteth his wife away doth geue occasion of adultery whiche peraduenture with god shall be imputed to the wyfe and not to the hus bande whiche dyd put her away Tertulian doth apeare not to be muche of a contrary mynd to Origen in his fourth boke whiche he wrote against Marcio expoun dinge these words of Christ after this wyse saying If a man dothe put away his wyfe and maryethe an other as though he wolde say who so putteth away his wife for thys porpose that he myghte mary an other he can not iustly putt her awaye for he doth put here from hym not vpon a iuste cause but he maketh on quarell or other he careth not what so that he ma●… sem●… and apere to putt h●… away iustely whome he doth hate and abhor For the matrymony or ma riage whyche is not iustly dessolued standeth in effect styll that standyng styl in effect whiche is contynnyng the matrymony to mary to an other is whordom And so if Chryste vnder a conditi on dyd forbyd a man to put awai his wyfe then dydde he not vtter lye forbydde hym And that thynge whiche he hathe not wholye forbydden he hath whollye permytted The selfe same doctor with in fewe wordes after sayd so the law of dyuorsment hath Chryst for the menteinar defendar therof Thou wylt saye peraduenture that Tertulian is not to be admytted forsomych as he went awaye from the churche Howso euer he dyd yet in thys matter he was not reprehended of the godly lerned men whyche he sholde haue byn if thys opinion had byn contrary to the mynde and iudgement of them that were in the treuth Of the same mynde also was on Polentius a man as it apeareth of great grauite and of no lesse lerning against whom saynte Augustine wrote ii bokes not in thys case as thoughe he hadde byn one of the great hedds and masters of heretiques but as one whych had bī in contentiō w t him whose sentēce mīd iugmēt he doth so refel and improue that yet for that opinion he doth laye no pointe of heresy to his charge S. Ambrose also whiche was a mā praised without al doubt not onely for his sound docryne but also for his godly lyuynge sayth that it is lawfull for a man to ma ry another wyfe after he hath put awaye his firste wyfe for whoredome And truly ther is nodoubt but that this byshop did practyse that thing in his flock whiche he wrote to be iuste and according to the lawe For in thexposition whi che he made vpon the seuenth ch of the first epistle to the Corinthi ans he sayde after this wyse and that the man do not put away his wyfe you must vnderstand saith he except it be for the cryme of for nication And therfore sayth he the Apostel speakyng of the man dyd not put therto yf he doth put her awaye let hym continue syngell as he dyd when he spake of the woman bycause it is lawfull for a man to mary another wyfe yf his wyfe be a whoore which he hath put awaye for he is not in so streight bondage of the lawe as y ● woman For the hed of the womā is the man And the selfe same doctor sayde a lytle before If she cā not lyue chaste sayth he because she wyl not stryue against y e flesh lette her be reconcyled to her husbande For there is no such leaue gyuen to the woman that she mai mary againe although she dooth put away her husbande for that he hath playde the whoremonger or hath forsaken his faith or vnlawfullye hath desired the vse of hys wyfe The reasō wherof is bi cause the inferior hath not that same prerogatiue in the law ouer the hedde whyche the superior hed hath ouer the inferior that if the man doth forsake the fayth or wold contrary to godlynes peruerte the lawfull vse of his wyfe yet can she nether marrye to anye other nor yet returne to him agayne In this place where he saith that the inferyoure hath not that same priuylege that the superyour hath he semeth although he sayeth not so openlye to geue leue to the man to mary another wyfe But within fewe wordes after he permytteth the wyfe alsoo to take another housbande althoughe her fyrste husband be alyue For in his exposytyon vppon these wordes of Paule for a brother or a sister is not bounde in suche case that is to saye saith he they ought not to receaue any ho not by matrymony whiche do disdayn hate the author maker of matrimony For it is no good or fyrme matrimony which is with oute the loue of god by the whiche reason the woman whiche is putte away bycause she doth
fear and loue God dooeth not synne yf shee ioyne her selfe to an other husbande For the coutempte and hatred of God oure maker doth loose and vndoo the bond of matrymonye and settethe at lybertye the partye whiche is soo put awaye so that he or she so for taken maye with out blame and offence cople them selfe in matrymony againe with other And the infydel person doth offend both agaynst god and the holy state of matrymony bycause he wold not in the loue and honor of god contynewe therin And therfore the faythe and promyse of matrymony is not to be kept with hym or her whyche therfore forsaketh it and is gon from it bycause he wold not here and beleue that the god of the Chrystyn people whō theye do worship sholde be the author and maker of matrymony For if Esdras dyd command the wyues and hosbandes whiche were infidells to be put awaye that therfore god sholde be merciful and not displesed if they tok other wyues or husbands of there owne nation for they hade no sich commaundemnt that they sholde so put them awaye that thei shold take none other how mych more yf an infidell person doth depart on his owne wyll may the faythfull woman or man take in mariage one of their owne law For that matrimonye ought not to be taken for matrimonye nor imputed to them which is without the law of god Hytherto are the wor des of Ambrose And here I doo thinke that no man can quarell that Ambrose dyd meane of that woman which by ignoraunce did mary an infidell whom she beleued to be a christen mā forsomuch as Daule doth approue and allow the coniunction in mariage yea of thos also if the infidel doth consent and is wyllyng to contynue with the faithful styll For by that reason if this ignoraūce was at the tyme of the contracte then coulde she by no lawe continewe with him styll with whom at the first she coulde not make any such cōtract of matrimony And truly it is a very faynt reason where w t Detrus Lombardus in y e fourth boke of the sentences goith about to put away that place of S. Am brose which we first rehearsed for to saye that it was noone of Ambrose writinge but thruste in of some other into his workes for somuche as it differeth nothinge from his style and māner of wrytynge nor yet any thing there added or wrytten as an exposition of any of his wordes After thys fashion a man maye easely make aunswer to euery doubt if it wold be so admitted For there are manye thynges wrytten in Cypryās workes in H●…omes workes in Sayncte Augus●…ynes woorkes and in the workes of Thomas of Aquyne whiche the churche doth improue And wherfore do we not excuse these authors with the like reason and saye It was noone of there owne wrytynges but thrust in of some other corrupter of their workes ▪ But now if we wold dys cusse and serche out the mynde opinions of the late writars whi che do beare great swinge both in courte and in schole we shall find that there were amonge theym whiche thoughte it lawfull that matrimonye myght be dissolued or at the leaste wyse whyche denied not but this matter was dispu table Fyrst of all Iohannes Andreas determyneth and decreeth that matrimonye before the man and the wooman doo lye togyther maye be dyssoluyd not onlye yf either of them doo professe the rule of a monasticall lyfe but also by the onely authoritie of the byshop of Rome But yf they wyll graunt me that this matrimonye is a true matrimony which is con tracted with the consente of bothe partes hauynge and speakynge the wordes one to the other whiche do partayne to that same contracte of matrimony and that the contract is made betwene lawfull and meete persons suche as the law doth permit they must alsoo graunte that the strength bond of matrimonye dependeth of the lawe of god It must follow then that ether the law of god doth not so take and vnderstonde matrimo ny as we do or els that the bishop of Rome hath power to vndo that whiche the law of god doth commaunde and decree Againe the same Iohannes Andreas techeth for a doctryne that matrimonye which is ratefied and ful finished by the carnal copulatiō of the mā and the woman can not by anye meanes be dissolued for the proffe and confirmation of the whiche defence which he maketh I doo perceiue as yet no good reason or cause alledged For the reasons whiche Hostiensis Augustin and pope Leo do bryng for y e purpose besyde that they are but the opinions and myndes of men they do also permytte against the doctrin of Christ and of Paule that matrimony may be dissolued and also y ● after the dissolution losinge againe of the sayde matrimony y e man and the womā separated ma●… marrye againe And therefore we must ether denye that same to be matrimonye whiche is not confir med with the carnall copulation or ells we must graūt y t matrimo ny may lawfully be dissolued Or els what god I pray you gaue this reuelation vnto these doctors that the profession of a monasticall lyfe and the chaunge of religion which is of the ordinance of man doth lawfully depart man wyfe yea although y t ether of thē wold stand in the denial therof were not wyllyng to go a sonder Yea wyl they say we do meane y t matrimony which is but ratefyed agreed vpō betwen the partes not that which is made perfect ful ended by carnal copulatiō Yf it be so wher and when dyd god euer teche them y ● heresy should de parte mā wyfe yea after it were ful fynished made perfect by the mutual copulatiō of y ● partes and so depart thē y e it shuld be lawful for the man or y ● womā which did persist in the faith to ioyne in matrimony again w t whō thei wold What shold I speke of Sachary the byshop of Rome w t as we do rede in the. iiii boke of y ● sentēces the xx●…iiii distin●… doth dissolue matrimony if a mā doth ly w t the syster of his wyfe whose words a●… these Thou hast medeled w t the si ster of thy wyfe And therfore yf y u hast so don y u shalt haue nether of thē thy wyfe yf she be not gylti of thy wickednes and not wyllig to lyue chast we do permytte that she in the name of god may marry to whome she wyil But thou the aduout●…ous woman shal mar ry no more but shal lyue styll in sorowe and penaunce during yo ure lyues Thus fa●… are the wordes of Sachari the byshop Now as tochyng thys glose whych Petrus lomba●…dus doth make vpon his words I do take it to be farre from the truthe nothinge after the meaning of the byshop as foloweth wheras he doth saye saith
byn at variance And agayn that party is sayd to be reconcyled which hath trespased not he or she to whom the tres pase is done But and if she departed iustly and for a good cause wherfore dothe thee apostell commaunde that shee sholde be reconcyled which shold rather haue byn intreatyd and de syred to be contente to leaue of all displeasure But if the faulte was in them both that the one of fended as well as the other he for byddeth that she shall not marye an other man wherby her fyrste hosbond sholde be put clean from her but that she sholde con●…ynew vnmaried and so peraduenture they may ●…be brought at one and made frendes agayne Also thou shalt vnderstond that the Apostel in thys place doth speake of the●… woman only and not of the man forsomych as the woman among the Iewes had no power to put awaye her hosbonde from here And as tochynge the man he doth no more but exhorte hym that he doth not putte awaye hys wyfe for sych lyght causes For he doth not adde these words if he dothe put her awaye let him contyneue vnmaried or be reconcyled again to his wyfe Thus myche doth Ambrose note ▪ and obserue in thys place all be it Augustin wolde haue that thee woman sholde haue in all thinge as mych power as the man whyche thynge lyke as he dothe earnestly and constantly affyrme so sanne he not fynde to make his worde good But I am not here sure whyther Paule dyd in thys matter gyue any thinge to the ob seruation of his owne law which gaue lyberti to the men for euery lyght cause to change ther wyues and not only that but also if they were in ielosy ther was a cruel remedy prouyded for them wher as no syche thynge was for the woman And more than thys The Apostel in al his epistels doth not gyue to the wyues any great aucthorite or rule whō he doth make subiect to the ●…power of ther hosbōds whom he wyl not haue to be with there hed vncoueryd whom he doth not suffer not so mych as to speake in the congregation Therfore it sholde apere y e Paul dyd forbyde that the wyfe for fich as at lyght and common faultes sholde not forsake her hosbonde But if she so dydde that then she sholde not marye agayn that thei myghte be made frendes and cōe togyther as they dyd before Nether dooth he commende that the woman whyche is sette a sonder from her hosbonde sholde not mary agayne if he wyl not haue her but this he doothe choose rather than that she sholde marye again and vndo the first contract clean But if sych a casse as this is had byn putte to Paule won fole hathe made a contracte with an other a boy and a gyrle togyther baudes and whoars made the maryage wyne and dronkennys were counselars theye haue by crafte byn thus broughte into a snare and also if it hadde bynne sayde vnto hym that the worlde is full of syche mariages tha●… thousandes ar vnhappely andyl●…●…angelyd togither Besyde that Theye doo also but make a becke won vppon the other and thee mariag is made vp if they do but wonse familiarly cōpani togither after syche sygnes and tokens o●… loue yea and also although they doo not company togyther And when they are ioyned theye agre not togyther so great dyuorsyte and contraryte is in ther condicyons manners and naturs that there is betweene them continual braulynge and chydynge ther is suche greate hatred as can by no meanes be swaged The won fea●…eth to be poisen●…d of the other the on●… dreadeth to be murthered of the other and no kynde of mischet ther is whiche the one dothe not loke for at the others hād nether of them can lyue without a make and if they do abyd styl togyther they be ether of them doble caste away●… and contrarywyse if theye be set a sonder and be sufferyd to mary yet ther is hope that theie shall bothe be oute of peryll and danger If syche casses I saye were put to Paule peraduenture consyderyng the cyreumstances of the cause he wolde make some other answere than he hath made he wolde somwhat release the rigor and streyghtnes of hys fore mar counsayle and peraduenture wolde otherwyse also and more gentely enterpret vnderstonde hys wrytyngs than we do Or els if that noble womā Fabiola whō Hyerom in his workes hath shryned vp to a perpetual memorye which was made to do penance in goinge barefote and wearynge garments of here bicause she forsoke her fyrste ●…hosbond being yet very yonge and maried an other ●…but Hyerom apeareth to shew vn to vs that her hosbonde dyd vse her otherwyse than beeam a man to do in that he reporteth that she was forsed to suffer syche things of here hosbond as no handmaiden wolde abyde of her master For yea the bond men myght flie from ther masters vnto the image of the prynce if that they were attemptyd and prouoked of them by any shameful act if this noble woman I saye hadd fledde vnto Paule and had sayde vnto hym Thou wylte not requyre of me O paule that I shold abyd with syche an hosbonde who I canne not obei and plese except I wold be contente to be made abhomina ble and worthy to be abhorred of men Yea I knowe thou wylte not suffer me to be with sych man ner a man althoughe I wolde and I doo nowe fele thee dysposition of my body to be such y ● it were not good nor profitable for me to lyue alone woman Nor yet wylt thou requyre so greate a gyft of them which haue it not ●…i uen to them of God which doeste commaunde that yonge wydose whiche are lasciuious and wanton should take them husbands If Fabiola had sayd thus muche or suche lyke words vnto Paule I thynke she shoulde haue found more humanite and gentlenes in hym than she dyd in that byshop what soeuer he was which didde put an innocent a fautles yong woman to such an open shame punyshment as thoughe she had poisoned her mother specially forsomiche as she did not take an other husbonde in contempte of the bysshops lawe but thorowe symplycytye and lacke of wysedom But if so be any man wyll say that Paule doth speke in this place as tochynge the cause of adultery for what cause dyd he not make that same exception whiche the lorde dyd make yea wherfore dyd he adde more words vnto the thynge than the lorde dyd in that he byddethe the woman to contynewe vnmaryed wherfore dothe he forbyd y e man to put away hys wyfe whom Chryst permytted so to do if she were an adulteros woman I do not speake these words to thentent that we sholde haue a gappe made open to often dyuorsmēts and separations of maryed persons But when al manner of wayes and meanes haue bin soughte and attempted for the quyetnes of the partes and al in