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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

desire of possession to passe or breake the buttels of londes howe moche more vnrightfull is it for the lustnes of bodely plesure to passe or breake the buttayles of good maners customes ¶ Furthermore saint Thomas sayth agayne in an other place Affinite that is betwene persones before mariage doth let the mariage that is to be contracted and dothe breke the mariage that is contracted al redy euen like wyse as dothe consanguinitie ¶ And in an other place Infidels or vnfaythfuls that be not baptised be not boūd to the lawes of the churche but yet they be boūde to the ordinance of the lawe of god And therfore if any infidels shulde cōtracte within the degrees forbydden in the .xviij. chaptre of the Leuiticall contrary to the lawe of god whether both .ii. or one of them be conuerted to the feythe they may not byde styll to gether in suche maryage but if they haue contracte with in the degres prohibite by the ordinaunce of the churche they may abyde styll to gether if bothe of them be conuerted and tourned to the faithe or if the one be tourned and there is hope that the other also wyll be conuerted ¶ More ouer and beside all these thinges the same saint Thomas where as he goth aboute to shewe what is the Popes auctoritie and what thynges be in the Popes power what thinges be not The Pope saithe he hath full power in the churche that is to be vnderstanden that the Pope may dispense with all maner of thynges that be institute ordeined by the church or by the prelates of the churche for these be tho thynges whiche are saide to be of the lawe of man or of the lawe positiue which be no suche maters that they binde of them selfe but only by cause they be cōmaunded But in suche ordinaunces whiche be of the lawe of god or of the lawe of nature the Pope hath no power to dispense bicause these lawes haue strengthe and vertue by the ordinaunce of god and they be vpon suche matters that be necessarie of their owne selues vnto the helthe of mannes soule And vnder this maner these lawes muste be obseruid and kepte in all cases and euery man is bounde to kepe them without dispensation For lyke wyse as in the comune lawe of man no man can dispense but he of whom the lawe hath auctorite strength that is the maker of the lawe or els he to whō the maker of the lawe hath giuen suche power so in the statutes of goddes lawe whiche be of god haue their auctorite strength of god no man hath power to dispēse but only god or he vnto whō god hath specially gyuen suche power auctorite For euery mā of what so euer auctorite or power he be is in cōparison to the lawe of god euen as a priuate ꝑson hauīg no power nor auctorite is in cōparison to a comun lawe of the people Nowe the lawe of god is what so euer belōgeth to the new lawe of the gospell orels to the olde lawe of Moses but this is the differēce bitwen the two lawes for the olde lawe did appoynt set fourthe many thinges and gaue many preceptis about ceremonies and outwarde thinges perteyning vnto the honour of god and also diuerse preceptes of iugementes that do serue for to kepe iustice amonge men but the newe lawe of Christe and the law of the gospel the whiche is the lawe of libertie and fredome hath no suche determinations appoyntmentes or boundes but is contente with preceptes instructions of good maners of the lawe of nature and with the articles of the faythe and with sacramentes of grace And for this cause it is called the lawe of faythe the lawe of grace bicause it dothe determine whiche be the articles of the faithe and what is the vertue of the sacramentes As for al other thinges whiche perteyne to the determinacion and certeyne orderinge of suites and iudgementes betwene man and man orels to the orderinge of the seruice of god Christe the maker of the newe lawe did leaue them frely to be determined ordred by the prelates of the church and by the princes kinges that haue the rewle of Christes people wherfore all suche maner determinations and ordinances do perteyne to the lawe of man wherin the pope hath power to dispense but those thinges that be onely of the law of nature and in the articles of the fayth and in the sacramentes of the newe lawe he hath no power to dispēse for that shulde not be to haue power for to meynteine the truthe but to haue power to distroye the truthe ¶ And a littell after he sayth that the apostel in his doctrine gaue instructions two maner of wayes for some thinges he taught not as his owne but as publisshing vnto them the lawe of god as is this If you be circumcised Christe shal helpe you nothinge at all and many suche other thinges and in these the pope hath no power to dispense And certain thinges he techeth as makinge ordinances by his owne auctorite power For he saith whā I come I shal set an ordre vpon the other thinges Also he cōmaunded that the getheringes of money for pore people shuld be done on one of their holy days or days of reste the whiche perteyneth not to the lawe of god And like wise also where he writeth that he which is bigamꝰ or twise maried shulde not be promoted to presthod that is not of the lawe of god but an ordinaunce by the auctorite of man gyuen vnto hym by god ¶ And hytherto we haue rehersedde the wordes of Thomas Nowe beside hym Altissiodorense saythe thus Euery persone is laufull to contracte mariage with any other ꝑson by the lawe of nature a fewe excepte as the father and the doughter the mother and the sonne whiche were except at the beginninge And excepte those persones also whiche be except by the Leuitical For those preceptes that be there be no iudiciall preceptes but moral and perteininge to vertue and good maners ye and we calle them morall preceptes or rules of vertue not of mans teachynge but euen of nature And we saye more ouer that al preceptes of moralite naturall can not be chaunged nor dispensed withal as touchinge the substance of vertues But by the lawe positiue or the lawe of man matrimonie in tymes passed hath ben forbidden vnto the .vii. degree of consanguinitie or kynrede but nowe a dayes onely vnto the .iiii. degree ¶ Ageyn Peter of Palude resoninge whether the pope hath auctorite and power for to releasse dispense with these Leuitical prohibiciōs The pope sayth he hath no power to dispense in the fyrst degree of affinite no more than he hath in the fyrst degree of consanguinitie bycause that it is contrary to the lawe of Nature and of god also For we do reuerence vnto our fathers wyues as we do to our owne mothers Maryage also is forbydden by the lawe

haue any nere kynswoman of his to be maried vnto him bycause it is wrytten in goddes lawe No man shal come nye her that is next of his bloud to discouer her foulenes And hit is written agayne Euery soule that shall do any of those thinges shall perysshe from the middes of his people ¶ And in the coūsayle of Agathe it is ordeyned in this maner we reserue vtterly no maner of forgyuenes nor perdon nor dispensation for inceste maryages but we wyl in any case that they be punisshed excepte onely they heale theyr adulterye by departynge the one frome the other For as for inceste persones we iudge them nat worthye to haue any name of maryage seynge it is a deadly thynge euen to make any token or mencion of suche persones And we iudge them to be incest persones whiche by carnall medlynge haue defiled his brothers wydowe whiche was in maner his sister before or he that hath taken to wyfe his syster germayne and he that hath maryed his stepmother c. All these persones we doubte not but they haue ben before time and by this our constitutiō be incest persones and we commaunde that they abyde and praye amonge them that be yet vnchristened and but onely lerners of the christian faythe and not to come amonge christian folke tyl they haue sufficiently repented them selfe and amended that they haue misdone ¶ Furthermore in the counsayle of Neocesar and in the Synode of Gregory the yonger it was decreed accordynge to the wordis of god that a woman whiche had ben maried to .ii. bretherne shulde be put backe from communion and from receyuing the sacrament vntyl she dye And a man that had maryed his brothers wyfe shulde be an anatheme in the whiche synode al to gethers answered an anatheme be he that is as moche to seye as damnacion to euerlastynge dethe ¶ Last of all and for a conclusion that sentence of wiclyffe wherin he dyd bolde that the prohibicions of matrymony writen in the Leuiticall be onely iudiciall preceptes of Moses therfore the causes of diuors brought in by the meane of kynred affinite to be brought in without groūde and foūdaciō and onely by the ordinaunce of man was dampned as contrarye to all vertue and goodnes as hereticall and expresly agaynste holy scripture in the great conuocation that was had fyrste at London and after at Oxenforde last of all in the counsaile of Constance ¶ There be decrees of other counsailes and aunswers in writynge of other of the Popes whiche do subscrybe and agree to these foresayde determinations of the whiche thou shalte fynde verye many in the Popes lawe bothe in the boke of decrees and of the epistols decretalles also but we truste gentill and indifferent reder that these forsayde thynges shall fully cōtent the. For thou seest here fyrste of all in maner an hole commune assent and agremente of the holle churche and furthermore thou seest the Popes them selfe do gyue so great maiestie and godly auctoritie vnto these Leuiticall prohybicyons that they do playnely affirme and holde stedfastly that who so euer do marie contrarie to the cōmandement of these lawes be not in very dede man and wife nor they can not haue to do carnally to gethers without deedly synne and that they may departe in soundre without any ingement or decree of the Churche and that they nother can nor oughte to be compelled by any iudgement of man eyther to require or to perfourme the vse and custome of maryage one to an other Thus say the Popes and hit is to be thoughte and beleued that bothe they dyd knowe the compasse of theyr iurisdiction and what they were able to do and that they had wolde rather to haue encreassed and amplifyed theyr power and auctoryte than to haue restrayned hit and made hit lesse And reder thou seest that they leye none other cause herof but onely this that is bicause none auctorite of man can extend or stretch so farre that it may releasse by any dispensation the forbyddynges of god More ouer thou seest and excepte we be deceiued thou dost grant and confesse also that these decrees and lawes of these Popes and counsels vpon the mariage of the brother with the brothers wyfe is plainly none other thynge then a publishyng and sendyng out of the lawe of god and of the techyng of the apostels no newe lawe of their owne inuention or making For they do neuer so forbydde suche maryage as though hit had ben lefull before tyme but onely rehersynge vnto vs the olde lawe of god and the receiued or approued custome and vsage of the churche And that there hath ben suche a custome and vsage euen from the first begynnynge of the churche and that it hath ben obserued before there was any Popes law it is euidētly knowen by the wordes of Tertulyan whiche we haue before rehersed Finally to make an ende thou shalte vnderstande gentill reder that the requestes and sutes of diuers persons whiche haue desyred dispensacyons in these degrees haue many tymes heretofore bene denyed and repelled by the Popes of Rome whiche answered them thus It is nat in any case lefull for vs to dispense with the lawes of god And this we shall shewe you here after Nowe seinge then that very natural inclination doth moue vs vnto the obseruation and kepinge of these forbiddinges seinge reason doth leade vs honestie stirreth vs fere of god and loue of god and of our neighbour goodnesse and vertue doth desire vs the cōmodites and benefites which come by the encrease of loue and charitie do coūsaile vs to the same And seing that god moste best and almighty made these lawes hym selfe and that the consent and agrement of all people hath approued the same finally seinge that the same selfe fynger of god whiche is the holye spirite of god whiche cōmanded these prohibicions to be writen in the Leuiticall boke doth ratifie and confirme the same prohibitions bothe in the godspel of Christe and in the wrytynge of his apostels and also in the sacre holy counsailes of the churche ruled and gouerned doubtles by the holy goste And seinge they be cōmaunded of necessite to be kepte of all christian people it can not be but that the sentence and determinatiōs of these vniuersities is of as vndouted credence and auctorite as can be where they saye that to mary her that is lefte of his brother dyenge without chylderne is so forbydden both by the lawe of god and of nature that the Pope is not of power to dispense with any suche maryages whether they be all redy contracte or elles to be contracte ❧ The thyrde chaptre ANd thus we thynke that we haue well and sufficiently confirmed and stablished our intent and purpose by the Popes lawe and by the auctoritie of counsailes Nowe next we will go aboute to fortifye and make good the same by the moste excellent and most faithful interpreters and most true doctours that expoūd

Lesiarde bisshop Swessionense you know wel inough saith he that I neuer allowed the maryage betwene Peter the sonne of Geruase and of Galeranes doughter of Brutule and that I neuer gaue counsaile nor dyd neuer consente that it shulde be done Yea whan that Galeran the maides father coūsayled me in this matter I gaue hym counsayle by Drogon clerke vtterly to the contrary that it shuld in no wise be done bycause that suche mariages might not stande if there were any that wolde breake it I added also the sayinge of the lawe that one mā can not be maried to .ij. sisters likewise as one woman can not laufully be maried to .ij. brothers For Sinegund the sister of this maiden whom this forsayd Peter hath nowe maried was the same selfe Peters wyfe not only made sure and handfaste vnto hym by promysse but also yoked and conioyned by the preestes beneson and prayer And if you lay against me that ther was no yoking or mariages where it is well knowen there folowed no carnall medlinge betwene the man and the woman I answere by the auctorite of the fathers that the yocke and maryage can neuer be vndone seinge there was ones a stedfast conuenant promisse of yoking or mariage betwene them wherfore as saint Augustine sayth the aungell sayde true to good Ioseph Feare not to take Marye thy wyfe to the. for he dyd truely calle her Iosephs wyfe whom he had not knowen by secresye of maryage nor neuer shulde knowe And whan he had brought many auctorities of the fathers to this pourpose the whiche were cited before of Hildebarte It is sayth he a canonicall lawe that no man can marie that woman whiche hath made promisse of mariage to an other man Nor contrarie if the man that hath made promysse wolde be maryed to an other woman For bothe the lawes of god and man forbydde these promysses to be broken ¶ This same saynte Iuo also writeth to Odon the archidiacon Euen from the begynnynge of the worlde sayde he the sacrament of maryage remaynethe styll as of the lawe of Nature and in no poynt broken nor changed so that nother original sinne or Adams trespas toke that away nor the iudgement of drownyng the worlde wherby synnes and naughty thinges were wasshed away dyd take away or chaunge maryage Therfore that thynge that is ordyned by the cōmaundement of god that god wold haue to be vnchaungeable ought not be broken by no mannes commaundement except the mariage were made without consent of the parties or els dampnable of it selfe that is falsely forged and vntrue or els incestuouse and agaynste Nature and kynde That if any of those thinges do chance there must be no delay but suche mariages muste be healed out of hande by departing and diuorse Therfore though the kyng do promisse that he wyll forgyue many displesures done vnto hym and leaue many displeasures that he intēded and that he woll do many good thinges and many plesures if he may kepe still for a tyme this woman whiche he vnlaufully hath and the seate apostolyke to be cōtent withal and he to be styl in the company of christian men yet for all that I say and aunswere vnto you thus by the auctorite of god and diuine scripture that it is not possible for him to haue forgiuenes of his synne gyue he neuer so moche or do he neuer so many good dedes in recō pence as longe as he hath wyll and minde to abyde in the same synne acordynge to the sayinge of the appostel There is none hoste sacrifyce nor amendes nor forgyuenesse for the synne of them that synne wylfully whiche in other wordes is as moche to say that no persone hauynge wyll and mynde to contynue in his synne can haue forgyuenes of his synne by any maner of almes or by any maner of good dedes or by any maner of offrynge or bestowyng of his goodes wherfore we rede that our lorde also did answere Cain whā he offred vp his goodes and for all that did intende murder Yf thou sayde god doste offer a ryght and doste not diuide a ryght thou hast synned Ceasse leaue of as though he had sayd thou dost synne bi cause thou dost not departe diuide wel which dost bring me thy goodes thīking vpon murder dost take frō me thyne owne selfe which art better to me thā thi goodꝭ ¶ Her fore also that good Pope Gelasius saythe It is not redde syns Christes relygion began nor there can none example begeuen in the churche of god that this thinge was euer done or euer cōmaunded to be done other of any bysshoppes or by the apostels them selfe or els by our lorde sauiour him selfe that any man shulde be assoiled frō his syn that intended to cōtynue in the same dyd not fully purpose for euer to forsake vtterly to renounce bothe that al other synne or thinge that shuld displese god ¶ More ouer the same saint Iuo did write vnto Hēry kyng of Englād that wolde haue maried his doughter to one Hugh a kinsmā of his answerīg ī this wise Bicause it is not comeli that so noble bloud shuld be steined with so opē īcest that the wyl minde of carnal ꝑsons shuld thorow this bestly exāple be encoragid to cōmit like incest mariage again nature kinde for the reuerēce that we haue vnto you true loue that we bere you we desire to admonisshe your maieste before that while you may do it with your honestie you suffre no such mariage to be made leste that suche mariage seinge it is presumed to be agaynste the lawe be worthily and of right broken and vndone agayn by the lawe And doubtles it becommeth not a kynges maieste to cōmit any suche faulte in his owne persone the whiche ought to be punysshed in other with the rygor and extremite of the lawe For sothe we can in no case swarue from the course and ordre of the lawe If we se our parisshon or one of our diocese cōmitte any abhomination specially in mariage bycause of the decree of the seate apostolike VVE reserue no maner of forgyuenes no maner of perdon or dispensation for incest mariages suche as be against nature and kynde vntil they haue healed their adultery by departynge and diuorce For seynge that we do reuerence and feare the power of temporal kinges moche more we are bounde to reuerence and dred the almighty power of the euer lastynge kynge And by this meanes we may gyue Cesar that is Cesars god that is goddis ¶ And the same saynt Iuo answered one Geffrey the erle Vindocinense desyrynge to haue to wyfe Matylde vycountesse of Blois whiche was maryed before to one Robert kynsman to the sayde Geffrey I cōmaunde sayth he and by the lawe of Christe I forbid the to contract this bestly vnkinde or vnchast mariages which thou canst nother defende by the law nor yet be gette by them laufull heyres that by the lawe