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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A07929 Thomas Bels motiues concerning Romish faith and religion. Bell, Thomas, fl. 1593-1610. 1593 (1593) STC 1830; ESTC S101549 148,032 178

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second part is prooved by the vniforme consent of all divines For Bellarmine saith Non autem essentialia matrimonia ecclesia vllo modo mutat aut mutare potest But the essentiall partes of Matrimonie the Church neither doth change neither can change And doubtles if the Church can not doe it á fortiori the Pope can not doe it which Bellarmine will not denie and Victoria doth witnesse no lesse in these words Communis schola theologorum negat maiorem scilicet quod Papa possit dispensare sed in contrarium sunt multi doctores Cannonistarum The common schoole of Divines denieth the maior to wit that the Pope can dispence with matrimonie but many Cannonists holde the contrarie Cov arru vias likewise saith thus Tutior ac verior est communis theologorum opinio quae probat matrimonium ratum nondum secut â commixtione carnis sic non consummatum minime posse dissolvi Rom. Pontif. dispensatione The common opinion of Divines is more safe and true which prooveth that matrimonie perfected by consent but not consummate by carnall copulation can not be dissolved by the Popes dispensation And the said Covarruvias addeth these words Ipse vero non auderem à communi theologorum sententia discedere I my selfe truely durst not forsake the common opinion of devines And no marvell for Christ himselfe putteth the marter out of all doubt when he saith Quod Deus coniunxit homo non separet That which God hath conioined let no man put asunder And in another place he saith thus Omnis qui dimittit vxorem suam alteram ducit maecatur Everie one that putteth avvay his wife and marrieth another committeth adulterie And Saint Paul vpon the same argument hath these wordes His autem qui matrimonio iuncti sunt precipio non ego sed Dominus Uxorem a viro non discedere quod sidi scesserit manere innuptam aut Uiro suo reconciliari vir vxorem non dimittat Those that are married commaund not I but the Lord that the wife depart not from her husband but if shee shall depart then to abide vnmarried or to be reconciled to her husband Thus saith Christ thus saith saint Paul that man and wife ioined by Christ must abide during life together or liue vnmarried and nor be seuered by the popes dispensation Neither will it helpe to say as Bellarm. doth others with him that Christ onely speaketh de matrimonio consummato and that matrimonium ratum with which the pope dispenseth is not de iure divino For first if matrimonium ratum were not de iure divino the greatest popish deuines would not denie the popes dispensation therein as who graunt him power over all lawes humane 2 Secondly Christ speaketh absolutely and maketh no mention of copularion or popish consumation vvhich is all one 3 Thirdly with papistes matrimonie is a deuine sacrament and so is perfect vvithout carnall copulation For as their owne Canus saith Sanctus spiritus sacramenti gratia per coitum non datur The holie ghost and grace of sacrament is not giuen by copulation 4 Fourthly it followeth hereupon that matrimonie is not fullie perfect in the popish Church because copulation followeth a good while after 5 Fiftly because it is absurd to say that it beginneth to be a sacramēt by carnall copulation and was not a sacramēt by the priests action 6 Sixtly it followeth hereupon that the marriage betweene the blessed Virgin and S. Ioseph was not perfect matrimonie For there doubtlesse wanted popish carnall copulation 7 Seauenthly it follovveth hereupon that there was not perfect matrimonie betweene Adam and Eue For their matrimonie was in the state of innocencie and before all carnall copulation 8 Eightly because if matrimonie be not de iure divine before copulation there is no cause why both parties agreeing together may not release the bargaine and quite dissolue the contracte For as the law saith Quisque potest suo iuri cedere Euery man may yeelde vp his right vvhich thing all both canonistes and devines admit for good in sponsalibus The 3. Conclusion AS the pope pronounceth that matrimonie dissolved by vertue of his dispensation vvhich remaineth true and perfect matrimonie by Christes institution So doth hee likevvise pronounce by like dispensation that to be true and perfect matrimonie which both by the law devine and law of nature is no matrimonie at all The former part of this assertiue proposition is proued in the conclusion going next before For probation of the second part I make this supposall that the pope hath dispensed vvith brothers in the marriages of their brothers vviues as the vvorld right vvell knoweth to be true This supposall made I proceed in this manner The lavv of Moyses vvas partly iudiciall partly ceremoniall and partly morall The iudiciall and ceremoniall partes vvere abrogate by Christes passion as vvitnesseth Saint Paule in these vvords Translato sacerdotio necesse est vt legts translatio fiat Translation of priesthood being made there must also be translation of the lavv but the morall and part natural is stil in force in so much as al Christians are this day bound to keepe the decalogue notvvithstanding the translation of the law of Moises euen as vvere the Gentiles before the said lavv vvas giuen For the gentiles vvere as much bound before the lavv and we novv after the law to absteine from Idolatrie theft adulterie the rest as were the Iews in time of the law For as Victoria hath wel observed the gospell is called the law of libertie because Christians after promulgation of the gospel are only bound to the lavv of nature of all such thinges as are conteined in the old lavv and all devines are of the same opinion as vvitnesseth the said Victoria in these vvords Receptissimum est apudomnes theologos necessarium est it a tenere ex omnibus precept is veteris legis sola moralia integra firma restitissein nova lege It is a generall opinion approved of all divines and it is necessatie so to hold that of all precepts in the old law onely morall abode firme intier in the nevv lavv Thus then is it plaine that that part of Moises lavv vvhich is moral or natural abideth still in full strength and vertue To vvhich I must ad two thinges for the exact and perfect probation of this my third conclusion 1 The one that the lavv of nature is immutable and indispensable by the power of man and consequently that the pope cannot dispense thervvith The other that al the lavves prohibited in the 18. of Leviticus especiallly that of marying the brothers wife are morall and prohibited by the lawe of nature For the former parte Victoria writeth in this manner In hoc genere decretorum aut Canonum papa nihil potest immutare dispensando multominus abrogando Conclusio est omnium theologorum absque controversia