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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

blinded and darkenedd a certayne prudence or commune wytte ingendred in hym grauen in him bi god his maker at his first creation and this wyt or reason they calle naturall light light of vnderstanding the light of the visage of god the ymage of god the eye of the reasonable mynde a parceiuinge of good euil right wronge finally they call it natural reson ¶ Beside this ther be writē in the hart of man with the finger of god certain rulis or lawis of general iustice vertue honestie whiche they cal the fyrst principils to liue by accordinge to vertue the fyrste rules to do iustly whiche were to man as exēplars or patrons for to folow to shewe him howe he shuld do iustly the first truthes sedes of vtues sparcles of nature imperfecte vnderstondinges general knowleges cōmun sense or perceuerāce cōmun wisdome finalli beginninges to al moral iustice vertue Nowe the office of the forsaid natural reson prudēce is to shew that we ought to do or leaue those thingꝭ what so euer these rules of cōmune iustice or vertue doth shew vs. And bicause that the same rules of general iustice cōteine the perfecte true nature of vtue they teache that those thingis only whiche in the maners of al men vniuersally be good or euil right or wrōge ought to be folowed or auoided euin for the thinges them selfe and for obteining of euerlastinge blis For this rule is no other thynge in dede then a certain line leading vs to honestie and vertue and frō disonestie and vice So that what so euer is done accordynge to this reule it muste nedes haue the name of vertue by the whiche vertue man is called good what so euer is done contrary to this rule it must haue the name of vice This reule therfore ioyned with that commune prudence or wysedome we call the lawe of nature If thou wilte defyne it it is a general knowlege and iudgement whiche god dyd graue in the mynde of euery man to helpe hym for to fourme and facion his maners and lyuynge And it nedeth not vs to go farre to seche the profe of these thynges that we haue spoken seing that there is no man but that he hath in him sometime an examynation and remembraunce of hym selfe and remorse or conscience that dothe iuge cōdēne hym and wher so euer these be there muste nedes also be some lawe frō whose techynge the misdoer maye perceyue that he hath swarued and that he hath not performed tho thynges whiche the lawe cōmaunded him And as for this lawe both Paule hym selfe and almoste al the diuines and the philosophers call the lawe of nature and sey that it is a certayn commune sentence or iudgement condemnynge or allowinge the dedes of men the whiche god did graue in the herte of man with his fynger In so moche that vnto vs truly the lawe of nature to speake of it generally semeth to be no other thynge but these fyrste reules and fyrste iudgementes that man hadde whiche were made with man or rather borne with him grauen in hym of god But to speake of it specially and properly and to shewe howe it differethe from all other thynges these two thinges folowynge seme to vs to haue ben added to the definition very conueniently and to the purpose that is to saye whiche god dyd graue in euery mans mynde and agayne whiche is fytte and conuenient to forme and facion the maners and lyuynge of men The fyrste is added bycause we shulde vnderstande that they onely be naturall lawes whiche haue ben writen with the fynger of god or rather borne in the harte of man stablysshed and confyrmed by agrement of all nations and not made by the ordinance of men or by their lawis their counnynge opinion or reasonynge nor finally by no vsage or custome of men The seconde is added bicause that where there be many knowleges and iugementes in vs all alyke can not be called lawes of nature But to open this thynge some what plainly you shal cōsider that in mās reason there be .ij. partes the one is occupied about study of sciencis that is called Speculatiue the other about the ordring of his life whiche is called Actiue And as this parte that longeth to studie hath his natural principils and them most true and so plaine of them selues that they nede nor can not be proued by none other meanes but onely by them selfe of whose trewthe and knowelege hangeth the trouthe and knowlege of all other thinges that be treated in any of the speculatiue sciences So truly god that is moste good moste wisest moste of power after that he had made man vnto his owne image lykenes richt and without any crokednes without any vice streicht wayes he put in hym his spirite and holy goste whiche shuld enflame and kyndle hym to goodnesse and vertue and dyd by and by graue in his mynde in the other parte of his reasone that serued to the orderynge of his lyfe certeyne generall knoweleges and generall reules vpon vertue and vpon all thinges that he shulde do whiche shulde be as you wolde saye certeyne principilles groundes and chiefe conclusions and that as it were certeyne moste sure and moste true reules to iudge by with richt and according to reason vpon all the maners and dedes that belonge to man And truely these generall rules of cōmune iustice or vertue we calle lawes of nature ¶ Nowe to shewe you what is the moralle lawe of god what so euer is commaunded of god in holy scripture and is shewed vnto vs inwardly in our hartes bi these fore sayde generall rules or that in a good and formal reason folowith of them or elles that agreeth with them thoughe it dothe not folowe of them all these the Diuines calle the lawes morall whiche lawe they defyne and determyne on this maner ¶ The morall lawe of god is the worde or mynde of god cōmaundynge those honeste thynges and forbyddynge those vnhoneste thynges whiche the naturall reasone of man lychtened with the lychte of the worde of god dothe accordynge to the rules and teachynge of commune iustice or vertue teache vs to do or to leaue and whyche the same naturalle reasone selfe so lightened dothe shewe vs that we be bounde to kepe them al thoughe they were neuer cōmanded by none other lawe ¶ These thinges well knowen and vnderstande it shal be easy and playne to knowe the difference betwene the lawes moralles and iudicials For the lawes morals were graffed and planted in man bi nature or at the least came of naturall reason and this natural reason euer and at all times before any lawe was wrytten or any citie made god hym selfe dyd plante in man but the Iudicial lawes were shewed to man afterwarde nor stonde not by nature but by ordinaunce and makynge Ageyne morall lawes serue to order according to the rule or prescript of general iustice all vertuous dedes by the which a

man nother by the lawe of god nor yet by the lawe of nature to take her to wyfe that his brother hath lefte And seinge that it may not be done by the lawe of god nor of nature we answered al that the Pope can not lose no mā fro that lawe nor dispense with hym And as for that thynge can not be contrary to our sentence verdicte that the brother in olde tyme was compelled by the lawe of the Deuteronomi to mary the brothers wyfe departed without issue For this lawe was but a figure and a shadowe of thinges to come whiche vanisshed a wey as soone as euer the lyght and treuthe of the gosspell apered And bycause these thynges be thus we haue giuen our sentēce after this forme aboue and haue commaunded that same to be signed by our notarie whiche is our secretarie and to be fortified and auctorised by the puttynge to of our autenticall seale of our vniuersite aforesayde At Tolose the calendes or fyrst day of Octobre the yere from the birthe of Christe .1530 ❧ The preface to the reder GEntyll indifferent reder thou hast here before the determinations and decrees whiche the moost famous and moste noble vniuersities of al christendome haue with great consente great iugement and discretion with great faith fulnes and without any corruption with great regarde clerenes and discharge of conscience made and by theyr auctoritie confirmed vpon those leuitical lawes by the whiche it is forbydden that any man shulde marie the wyfe of his brother departed without chyldren and we doubte nat but these decrees and determinations ought of right and good reason to be beleued both of the and also of all other that be men of wysedome and discretion and that be nothynge affectionate but indifferent For suche men wyll be well contente and satisfied alonely with the very truth it selfe all though it be nat fortified with any wytnesse nor sette forthe with pompe and plentie of reasons so that suche men wolde nothinge doute but that thynge oughte to be iudged as certayne and trewe as possible may be the whiche so many of the moost absolute and moost wyse and moost best sene men in all kynde of lernynge haue serched beaten out trased out and in conclusion decreed and determined with so great grauitie and sobre maner with so great studie and diligence and with suche leysour and deliberation But parauenture there be some the whiche wyll lyttell be moued from their opinion that they haue ones taken for all those decrees and verdites of so great lerned and wysemen and for al the agrement and auctoritie of so many and so excellent vniuersities but wyll thynke that hit is necessarie to entre hygher and deper yet into the knowlege of the treuth and wyll nat grounde and stablysshe theyr beleue but euen vpon the foundacions and groundes of very truth selfe whiche they them selfe haue spyed and clerely perceyued and nat vpon other mennes sentences and iudgementes Therfore we haue iudged that we shulde do a thynge worthe our labour if we dyd gather in to one smalle boke certayne reasons and auctorities by the whiche it might be plainly and openly declared that ther were very weighty and ryghtfull reasons whiche were able to brynge so many lerned men into this true opinion And in doing our diligence in this matter hit semed to vs conuenient to folowe as a certayne rule and lyne nat only the auctorities of holy scripture of holy coūsailes and canons and also of the most approued and resceyued doctours of the churche but also the wytnesse of reason and nature and to set before mens eies as farre as scripture or reason or fynallye nature semed vs to helpe for the declaration and confirmation of the iudgement and mynde of these foresayde lerned men And if so be it gentil reder these thynges that we shall sey shall not fully satisfye thy marueilous exact iudgement and shal be sene not to be greatly necessarye and to proue but smally this matter that we go aboute there shal be no cause for all that why thou shuldest esteme the most weightie determination and moste hyghe wisdome and lernynge of these vniuersyties by our power and smalle lernynge but shalte for thy naturall gentilnes pardon our weaknesse and sklendernesse of wytte and lernynge the whiche was not able to do no better shalte loke for more weightye and piththie reasons of the vnyuersyties selues whiche reasons as these vniuersities haue them in a redynes and at hāde so we doubte not but of their humanitie and gentilnes they will gladly shew them to euery man that will desyre them and also shortly put them out openly to all the worlde In the meane season gentill indefferente reder take in good worthe our studie and faythful diligence and this our labour and enterprise and loke ouer these wrytinges suche as they be gladly and indyfferently And let it not be paynfull vnto the good reder yf we tary in any place in this worke somewhat longe for bothe the diffycultie and hardnesse of this thynge and the maner of our intent and pourpose dothe necessarely require that we shulde touche eche one thynge somwhat depely euen from the hede and very fountayne and begynnynge of hit And farthermore that we shulde declare and open all thynges some what at large and plentyfully and that specyally in the fyfte chaptre of thys boke wherby bothe the treuthe playnely shewed maye the more clerely be seen and the errour and false opynion of them that be of the contrarie syde maye be the more easely perceyued And seinge that this verdyte and iudgement of the Vnyuersytyes conteyneth chieffely two thynges the whiche as ye wolde saye be the hyghe poyntes and heedes or issues of this determynation The fyrste that hit is forbydden bothe by the lawe of god and also by the law of nature that any christen mā shulde marie the wyfe of his brother dyeng with out children The seconde that the Pope hath nat power to dispence vpō any suche mariages whether they be contracte allredy orels yet to be contracte It lyked vs here fyrste and formoste to loke vpon the lawe of god that we might clerely se the glorious bryghtnes of the treuthe of our lorde For trewly who so euer wyll diligently loke with suche eies as he oughte vpon the lawe of god puttyng of clene the coueryng of his flesshe and bloudde with the desyres affections and lustes of the same by the whiche a manne is blynded that he can nat se the trewthe of god he shall without doubte vnderstande what thynges be of god what thynges be of Christe what thinges be of the spirite or goste For truely the same lawe doth perfectely teache what thynges so euer belonge to the feare and drede of god what to the euermore enduring treuth what to the euerlasting iustice of god what to the power and vertue of god what to the grace and fauour and to the free benefites of god what to

bothe parties and confirmed by their vowe and promis it can not be iustely required afterwardes of other of them and yet for all that the sacrament of maryage stondethe euen in this case stedfaste and sure wherof the carnall couplynge is nother cause of the vertue and goodnesse of it whan it is there nor can not take away the vertue and perfectnes of mariage if it be not there And therfore this onely consent and agrement of their myndes is thoughte to vpholde and contynewe this vnpartable conuersation and lyuynge to gether And this consent was ordyned for this cause that this company of the tone with the tother the whiche was begonne betwene them by this consent and agrement shulde not be suffered to be broken at any tyme as longe as they were bothe alyue ¶ So that now reder as thou hast seen by these two auctours it is playne and open that not onely the fyrste degree of consanguinitie and affinite but also the fyrste degre wherin maryage is forbydden for a Iustyce grounded onely vpon acertayne commune honestie and comelynes is forbydden by the lawe of god in the Leuiticall and can not be dispensed withall by men ¶ And that this thynge is very certayne and trewe thou mayste take this for a good profe that Alexander in tyme passed the thyrde Pope of that name hadde leauer to suffre Henry a citizin of Papi to be periured than that he wolde take vpon hym the auctoritie to dispense with hym for his othe by the whiche he hadde bounde hym selfe to marye a maydden to his yongeste sonne whiche hadde bene made sure before to his eldest sonne nowe beynge departed For he aunswered the bysshoppe of Papi on this maner Bycause saythe he that it is wrytten in the Leuiticall that the brother can not haue the brothers spouse we commaunde the that thou suffre not this fore sayde Henry to fulfyll his purpose and that thou compelle hym by the ordre of the churche to do penaunce for his vnleafull othe ¶ wherfore seynge that these thynges be thought trewe to so many and so discrete auctours that it is not laufull for a man to marye his brothers spouse howe moche more vnlaufull oughte we to thynke this thynge that a man shulde marie his brothers wydowe with whome his brother hadde carnally a do and that he shulde vncouer the priuities of her whiche before is one flesshe with his brother not onely by the bonde of mariage selfe with the other brother but also by reason of carnall commixion and medlynge with the same And therfore doubtles euery man ought greatly to approue and commende this determination of these vniuersities whiche do holde and conclude that to marye her whom the brother departed without children hath lefte is so forbydden by the lawe of god and also by the lawe of Nature that the Pope hath none auctorite nor power to dispense with suche mariages whether they be contracte all redye or for to be contracte excepte perauenture there be any man whiche hath a pleasure to calle agayne into lyghte olde reproued errours and heresies that of many yeres haue ben condemned ❧ The fyfte Chaptre THus nowe we haue rehersed and shewed before faithfully and truely what the sacre holy auctorite of the olde testament and the newe what the vse and custome consente or agrement of the hole christian churche what the Popes what the doctours interpreters and declarers of holye scripture finally what the assent of wise and wel lerned men both in mans lawe and in goddis law do thinke and iudge of these Leuitical prohibitions and specially that a man shulde not mary his brothers wyfe And we doubt not but that these auctorities and iudgementes be of suche strengthe that there is no reasonable nor indifferent man but they ought so to satisfie his iugement and conscience that he shulde desyre no further proues vpon these conclusions of the vniuersities and vpon this sentence that they haue determined and decreed but that these foresayde thynges be sufficient and able to defende them vtterly from all maner of cauillation Howe be it for as moche as ther be some that loue well reasons and there be many and that stronge and inuincible reasons the whiche maye seme to lyghten and declare this sentence of the vniuersities and also greatelye to confirme and proue the same the nexte thynge that we must do nowe is to vse the helpe of them also in this matter and to bringe forthe shewe some of them as we toke vpon vs and promysed before to do All the doubte and question of this our matter is dissolued and vndone rather by definitions and by shewynge playnly what euery thynge is than by argumentes and reasons For this question is growen and spronge vp by the errour and false opinion of men that were ignorant and did not knowe the very true and naturall propertie or propre nature of the lawe of god the lawe of nature and of the lawe morall And for this cause firste of all it shal be very well done and necessari to define and to shewe proprely and certaynly as a man wolde say by a certayn portrature what goddis lawe is what the lawe morall and the lawe of Nature is And to sette these definitions as ye wolde say for certayn principalles and chiefe pointes of our disputation of the whiche we may take all our reasons and proues And we wyl not folowe here the scrupulose and curious labour and diligence of some men whiche diuide and drawe into ouer many gobettes and peaces the true signification meanynge and nature of these wordes Surely we wyll not medle with no suche thynges whiche all though they seme at other tymes quicke or sharpe and maye gyue and shewe to thorny crabbed and comberous wittes stertyng holes to skape out bi if at any time their armi be brought into a streyte yet doutles as for this matter they do nothinge but make it darker and incombre mens iugement And if this treatise that hereafter foloweth gentyl indifferent reder shall seme vnto the somewhat strange and harde yet hardely take the peyne to rede it and I doubte not but thy labour shall not be so great but the profet hereof shall be moche more not only for the vnderstandynge of this matter but of many other whiche be very necessarie for christian men to knowe Therfore to come to our purpose the definition of goddis lawe is this ¶ The lawe of god is the worde or minde of god cōmāding thinges that be honest or forbidding thinges that be cōtrary to honestie whiche lawe the sacre holy vniuersall churche hath of longe time by her auctorite receiued cōfirmed as other beinge sowed plāted in the resonable creature of god by the mouth spirite of almighty god orels shewed to him bi reuelation ¶ Here if we chance to mete with a froward and to curious a reder we feare lest that we shal not obteyne of hym that he wyl be contēt with

and all other lyke thinges whiche be cōmune both to them and to vs shewe and witnesse that both they and we haue one selfe same god whiche as he did firste begin such lawes so he did neuer after adnull them but dyd fulfyll and make them more perfect and did increase and inlarge them amonge vs christians and faithfuls ¶ And to this purpose writeth saint Augustyne also Certeynly saith he no man shulde doubte but that the olde lawe of god whiche hath toucht vs suche thynges as belonge to vertue and to good maners is as necessarye for vs nowe to leade and instructe our lyfe withall as it was at that tyme to the people of the Iues. For who wyll say that that commandement whiche is written in the olde lawe That who so euer hath founde any thynge he muste restore it vnto hym whiche hath loste it and many other lyke by the whiche we lerne to lyue louyngely and vertuously do not belonge vnto vs that be christian men and specially the .x. commandmentes whiche are conteyned in the two tables of stone For who is so wycked to say that he ne wyll kepe the commaundementes of the olde lawe bycause he is a christian man and therfore is not vnder the lawe but fre and vnder grace ¶ To the whiche thynge agreeth Marcus Marulus Euangelistarius seyenge That what so euer is in the lawe that belongeth to the instruction and ordrynge of our lyfe and of our maners ought as well to be obserued amonge vs that be nowe newe men in Christe as it was amonge the Iues and the olde men that were in tyme passed and that we ought to make it commune with the godspel and to take it as a parte of the godspell and that of the morall preceptes both of the newe testament and the olde we oughte to saye as Dauid sayth The wordes of god be tried pure wordes ¶ Nor truely it is not with out maruailous great reason why that moral preceptes of the olde law shulde styll yet endure shuld bynde christian men to kepe them ¶ For as saint Thomas saith Euery man as sone as he is lyghtened by the lawe of god hath a certayne naturall motion or inclination planted in hym for this pourpose that he may do accordinge to vertue for euery thinge naturally is inclined to do that worke whiche is agreable with the propre nature of it as fyre to heate Now mans soule folowinge reason is the chiefe part of the nature of man which lichtened with the worde of god teacheth that we shuld do tho thinges onely which of their owne selues be good vertuos For truly euery mans owne reasone lichtned by the word of god doth naturally teache hym that he shuld liue vertuosly and honestly And playnly seynge that all morall preceptes in the olde testament do nothynge but commande vertuos dedes by the whiche the soule of man may ordre it selfe wel as it ought to do not onely to god but to his neihgbour alhso terfore Christ did not adnulle any of these preceptes by his comminge For euen as the grace and fauour of god dothe presuppose our nature yea maketh it full perfet so truly the godspel did neuer breke and adnulle the naturall lawes but did stablisshe and make them perfecte and brocht them agayne to their fyrste perfectnesse of nature in so moche that what so euer morall preceptes of the olde lawe do agree with the lawe of nature whiche Paule saith is written in our hertes do euermore endure and remayne in their power and auctoritie nor no christian man is fre and lose from them but all persons as concerninge the playne vnderstondynge of them of necessite be subiecte and boūde vnto them although they had neuer be ordined by no mans lawe For all the lawes of the olde testament whiche so euer agree with the lawe of Nature and with vertue nor do not onely withdrawe the hande and body but also the mynde and will of man why shulde they not be receyued amonge christian men ¶ For god forbid that any christian man shulde contracte suche mariages whiche as saynte Augustyne writeth before euen the cruell hethens and barbarous people without all ciuilite hath for very honesties sake euermore abhorred The whiche vnlefull mariage Christe dyd so greately abhorre that he semed rather to go aboute to drawe backe the bondes of mariages to the olde and fyrste state of nature whan it was create And for this cause he brought mariage home agayne to his firste begynnynge that one man shulde haue but one wyfe and that he shuld be boūde to kepe her euermore and neuer to put her away For bycause saith Christe it was so at the begynnyng and he wolde haue made and brought to passe if the present myserable wretched state of our exile and banysshing wolde haue suffred it that there shulde haue ben no foulenes nor fylthynes in the workes of mariage and that it shulde be euen so as saint Augustine sayth it was in the begynninge of the worlde THAT all our mariages shuld be so clene that they micht wel become them that shulde lyue in the felicite of Paradise bothe hauynge childerne that they shulde loue and no fylthy pleasure that they shulde be ashamed of ¶ Furthermore wherto shulde Christe haue antiquate and annulled the Leuitical lawes the whiche streicht after he wolde inspire in to the fathers of his fyrste and primitiue churche and wolde commaunde them to make those lawes of newe wolde Christe haue exempte vs from the lawe of god and that in tho thinges whiche haue so euident and playne token of vertue in them vnto the whiche he wolde streichte after that we shulde be bounde by the decrees of the Churche ¶ And finally why dydde the sacre holye churche forbid vs to do those thinges but bicause it iudged them to be maruaylous foule vnhoneste and vncleane ▪ But howe or wherby may that that is cleane or honeste be discerned and knowen a sonder frō that that is foule and vnhonest but by the cōmandmentes of god For if the churche hadde forbydden suche maryages and had iudged them foule and vncleane for none other thinge but by cause they were forbydden in the olde testament vnder the name of ceremonies as diuersyte of meates of dayes and of places and suche like thynges as be forbydden in the olde testamente it mycht be lefull to make an obiection and to lay agaynst the church that thing whiche is said bi god vnto Peter in the actes of the apostols whiche wold not eate of al maner of meates but did forbere certayne meates that were forbydden in the olde lawe vnto whom god saith thus That thynge whiche god hath puryfied and made cleane call not thou it foule or vncleane ¶ But seinge that the ende the intent the pythe the strengthe the reasone of these Leuiticall prohibitions do yet remayne amōge christian men be written in heuen euermore indure truly a christian man whiche doth take vpon him more

perfecte faith hope charitie than the Iue muste be moued to kepe these forbiddynges only by his feith by the holy goste more thā the Iues by the letter law For god forbyd that the holy bonde of loue charite betwene kinsfolke that the faste knotte of mariage whiche in no wise oucht to be vndone the working of the lyuely trewth and of reasone whiche naturally moue a man to goodnesse shulde not be iudged as holy as cleane as vnfilthy as pure as chaste and as well to be obserued amonge christian men as they were in tyme passed amonge the heathens and the Iues. And god forbydde that christian men shulde chaunge the libertie of the spirite in to the fylthines of the body for if they that flee the foule pleasures of the worlde for the knowlege of our sauiour Iesus Christe be agayne intangled and ouercome with the same they be in worse case nowe than they were before at the begynnyng For it were better for them neuer to haue knowen the wey of iustice and vertue then after that they knowe it to tourne away ageyn from that thynge that was geuen to them by a great and a holy commaundement ¶ Certes if Noes sonne did not escape vnpunisshed for discoueringe the foulenes of his father nor the Egiptions nor the Chananeis for the discoueringe of their owne kynsfolke and of them that were nigh of their bloudde for the whiche dede god by his godly iudgement and sentence dydde spue them out of their lande whiche were heathens Howe shall a christian man auoyde the displeasure and vengeaunce of god if he committe the same thinges that they were punisshed for For knowe you this well and take good hede of it that no fornicator nor lecher nor fylthy persone shall haue herytage in the kyngedome of Christe and god ¶ Nor truely it nedeth not that our aduersaries shuld demāde of vs why Christ did not make expresse mention of the Leuiticall lawes in the godspell if he wolde haue had them liued and indured amonge vs still after the Synagoge or olde lawe was deed For truly he did not make expresse mention of them by cause he hadde cōmaunded longe before that they shuld euer to come continue and neuer fayle seinge that he dothe abhorre suche fylthy mariages and curseth them not onely amonge the Iues but also amonge the heathins meaninge that he will moche more abhorre them if they be a monge chrystyan men ¶ And bycause he did commaunde playnly in the gospell that the iustice and goodnes of vs that be christians shulde passe the iustice of the Scribes and the Pharyseis where in a generall rule that we whiche be called christian men shulde not be wors in any thing then the carnall people but that we shulde be better then they in all poyntes ¶ Nor we must not thinke that no thinge is forbid bi the law of god but that which is expresli and plainly set out in the gospel For the apostols write and publisshe many thynges whiche they toke of the very mouth of Christe and yet they be not written in the boke of the newe testament ¶ And the catholike and vniuersal church hath approued many thynges for goddes lawes of the which there is neuer a worde spoken in the newe testament as is this That confession in no case ought not to be disclosed and suche other thynges For so doth Dunse also proue that the secrete confession in the eare is of the lawe of god not bi cause it is written in the newe testament but by cause it can not be shewed whan it was fyrste begonne Playnly it is heresye to affirme that there is nothynge goddes lawe but that whiche a man may poynte vnto with his fynger in the newe testament For by this meanes the sacramentes shulde be taken a wey shulde be receyued onely by the constitution of man Nor truly there is no mention made in the new testamēt of the forbidding of mariage betwene the father in law and the doughter in lawe whiche thynge neuerthelesse to be forbidden by the lawe of god saynt Hierome doth testifye ¶ And also if our aduersaries wyll stycke and holde them to this than let vs occupie vsurye and lette vs gyue money by exchaunge and require it ageyn with vsury lette vs also haue many wyues and lette vs couple our selfe with al maner of bestes nor lette vs not paye the tythes of all our frutes to the prestes nor let vs not confesse our synnes to them nor lette vs not go to them whan so euer there is any doubte betwene bloudde and bloudde betwene lepri and no lepri For there is none of these expressely commaunded or forbydden in the godspel or in the writinge of the apostols but for to bynde vs to the keping of them be cyted and alledged the wrytynges of the Prophettes ¶ But this thynge dyd lychtly deceyue them that be ageynst the libertie and fredome whiche we haue by the gospell bycause they did not knowe the difference betwene the newe testament and the olde the gospell and the lawe Christe and Moses whiche if they had knowen very wel they shulde not haue ben so foule deceyued and blynded in this matter And contrary bycause they did not discusse them and seke them out to the vttermoste nor did ponder and way them so diligently as they shulde haue don we se that by this meanes they were brought in to this errour that they thought that euery thinge whiche is not expresly forbidden in the newe testament is laufull for christian men to do By the whiche errour we do thinke that the same man of Corynthe was deceyued whiche maryed his stepmother For seynge that he harde the lybertie of the godspell by the whiche we were made free frome the lawe of Moses greately commended and preysed of the apostols and knewe that it was forbydden by no lawe of the godspell to marye whome so euer he wolde streychte he abusynge the sayde libertie dydde agaynste the Leuiticall lawe marie his fathers wyfe But he was mooste rychtfully condemned of Paule not only bycause he had broken Moses lawe whiche forbiddeth it but bicause he was disobediēt to the honestie of nature whiche naturall honestie the godspell hath euer approued and it shuld be suche a pestilēt exemple of a mooste leude libertie amonge christian men as euen amōge the hethins bycause of the reuerence of nature coulde in no wise be suffred to be don ¶ AND TRVELY HITHERTO most gentyll reder we haue serched out the holy secresy of the scripture of god deuoutly and reuerently for this intent onely with peyn and labour to seke out and to mayntein the truthe and suche argumentes and reasons as semed after our iudgement to make most for this matter we haue soucht them oute of the definition and very substance and nature of those thinges that we treate vpon wherby thou mayst playnly perceiue moste gentil reder that these Leuiticall lawes whiche forbydde that we shulde

marie our brothers wyfe be the lawes of god And more ouer lawes moral longynge to vertue and good maners and not iudiciall And this is no doubte seing that they haue in them naturall reasone fetched from the begynnynge of the worlde euen out of the secrete ordinaunces of nature For we haue proued by the auctorite of god or of holy scripture that as it was ordyned of the moost beste mynde which is god euen so it was ordined vpon the moost beste reason and consyderation that is onely for a zele of chastite of naturall shamfacidnes and other vertues that no man shulde marye his brothers wyfe we haue shewed howe agaynste nature howe fylthy and abhominable it is and vtterly vnmete for a christian man to contracte mariages in that degree we haue shewed howe greatly contrary it is to the ordre of loue and of the reuerence that shulde be betwene kynsfolke and what a confusion it shulde cause of names of kynrede how moche it is ageyn the increase of loue charitie we haue shewed that holy deuoute christian eares do abhorre it and can not suffre to here it spoken we haue shewed that besyde the great punisshmentes and vengeaunce that god taketh on men in this lyfe that also the punisshement of the euerlastinge fyre of helle abydeth them whiche be not afrayde to commit this syn By the whiche reasons without doubte it is euident and playne that these Leuiticall prohibitions be the lawes of god and morall bicause they cōmande those thinges to be don that be honeste and forbydde tho thynges that be foule and inhoneste and suche thynges as the naturall reasone of man clered by the lychte and bryghtnes of the worde of god sheweth that they ought to be done or not done accordynge to the rule of generall iustice otherwyse calledde vertue and honestie and so they be of strengthe and auctorite to bynde man to kepe them euen by the instruction of reasone so illychtned and restored and that thoughe they were neuer commaunded by none other lawe ❧ The seuenth Chapter NOwe seyng that the commun consent of all wryters and expouners of mannes lawe and goddes lawe specially those that be approued by the iudgement of the churche hath stedfastly holden and obteyned as a thynge to be taken for a treuthe that all the morall preceptes of goddes lawe do yet indure sacre and holye and by the lawe of god do bynde vs so streytely and of suche necessite that they be not vnder the power of the churche and that no persone vnder god hym selfe can release the streite bonde of them and lose from them whom it pleseth him Truly it is euident that no pope can bi any dispensation giue licence that a man shuld mary her that was his brothers wife the whiche as we haue shewed you before is forbiddē and that the prohibicion is both the lawe of god and the lawe morall groūded vpon honestie and vertue But bicause that this our conclusion may stonde yet the more stedfastly ageynst al cauillacions false accusations and vnrichtfull out cries and sclaunders of all persones we wyll assaye to declare stablysshe these thynges more largely bothe by other reasons and by other sayenges of auctours In the whiche thinge we be all mooste ouercome with the multitude and great noumbre of them so that scante we can telle where we shall fyrste begynne ¶ But let this be the fyrste That all preceptes whiche be commanded by the lawe of god the law moral do bynde vs to do them so that without remedye we muste nedes kepe them if we wyll be saued For suche cōmandemētes do so expresse and declare the minde of god our lawmaker and be so grounded vpon the precise rule and teachinge of cōmune iustice whiche rule of cōmune Iustice or vertue came of the wyll of god that is moste iuste and moste beste to forme and ordre vniuersally the maners and lyfe of man and finally haue so moche of the nature of very true vertue in them that there can chaunce no case nor no resonable cause be imagened but that if we do contrary to them streicht waye we do contrary to the wyll and pleasure of god whiche specially regardeth the commun helth and saluation of all and do peruerte and tourne vp sette downe the ordre of verye richt and honesti destrue al the nature and course of vertue and fynally it can not be chosen but that we muste falle foulye and wretchedly into shamefulll vice and synne In so moche that what so euer pope wyll go aboute to dyspense with the bonde of them he truely shall do nothinge els but peruerte the ordre of iustice or vertue and breake the course of vertue and giue leude liberte to synne that is to abuse his auctoritie and power to destruction not to buyldynge and settynge vp contrari to the sayenge and mynde of thapostol For thus vsynge his power he shulde destroye vertue and set vp vice For what licence can be gyuen or what recompense can there be for this that a man might haue libertie to synne and not to kepe hym selfe from vice what perdon or dispensation can there be that god shulde not be worshypped and it to be no synne what cloke or colour can be founde that a man mychte commytte adulterye but that the selfe same colour shulde tourne vp so downe all vertue and publyke iustice what power maye make it laufull for vs to murdre and steale these thynges kepynge their names and theyr natures of murderynge and stealynge ¶ Nowe then seynge that nothynge can perteine more to the .x. commandmentes nor more strongly moue the iudgement of the richt reason then can natural reuerēce the holynes of chastite the increase of loue and charite the holy kepynge of mariage shamefacydnes and loue towarde them that be of our bloud and our affinite and finally al other vtues whiche as we shewed sufficiently before were the cause that these prohibitiōs were made we ought to beleue that with them truely the pope can in no wise dispense And this thing is easie to se bycause that the reason of these Leuitical lawes is suche that in no case it can not be disseuered from them by cause the reasone is grounded vpon suche naturall vertue and honestie whiche must neuer be lefte vndone yea and seing that now there is suche multitude both of mankynde and womankynde there can be no case imagyned for the breakynge of those prohibitions whiche for any profet or nede shulde do so moche good as is the goodnes that cometh by kepinge of the same ¶ yea and more ouer many wytnesses of scripture do euidently proue that in these thinges whiche be commaunded by the morall lawe of god we shuld euer do and teache that that is cōmaunded hauynge no regarde of sclaunder or of necessite amonge the whiche be these places chiefly HE that loseth any of these least cōmaundementes shall be called the leaste in the kyngdome of heuen Agayn this IF thou