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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

moche dilygence as we coulde and with suche reuerence and religion or cōscience as becometh in suche a matter bothe the bokes of holy scripture and also the moste approued interpreters of the same finally the generall and synodall councelles decrees and constitucions of the sacre holy churche which by longe vsage and custome haue ben resseyued and approbate we the foresayde Dean and faculte disputinge vpon the fore sayde question and makynge answere to the same and that after the iugement and full consent of the moste parte of the facultie haue concluded and determined that the foresayde mariage with brothers wyues departynge without chyldren be so forbydden bothe by the lawe of god and of nature that the pope hath no power to dyspense with suche maryages whether they be cōtracte or to be cōtracte And for credence and beleue and witnes of this our assertion and determination we haue caused the seale of our facultie with our notaris signe to be put vnto this present writinge Dated in our general congregation that we kepte by an othe at saynt Maturins the yere of our lorde .1530 the seconde day of Iuly The determinacion of the vniuersite of Biturs VVe the Dean and facultie of diuinite in the vniuersyte of Biturs bycause we wyll accordynge to the ensample of Paule the doctour of the gētiles whiche dothe lyke wise in many places wyl begyn our writynge with prayer vnto al the beloued of god amonge whom you most dere reders vnto whō we write be called grace and peace and quietnesse of conscience come vnto you from god the father and frō our lorde Iesu Christe with in the octaues of whytsontyde whyle we were gethered to gether all into one place both in body and mynde and were sytting in the house of the foresayde Dean there was a question put vnto vs ageyne which had ben proposed vnto vs often tymes before beinge no small question which was this whether the brother takyng the wife of his brother now deed and the mariage ones consummate and perfecte dothe a thynge that is vnlefull or no. At the laste when we had sought for the treuth of the thynge and had perceiued and founde it out by moche labour and studye of euery one of vs by hym selfe and by moche and often turninge of holy bokes euery one of vs not corrupt wherby we might the lesse haue obeyed the treuth began as the holy goste dyd put in his minde to gyue euery man one arbiterment and sentence whiche was this I haue wel perceyued in very trouthe with out regarde or respecte of any person that those persones whiche be rehersed in the .xviii. chaptre of the Leuiticall be forbydden by the very lawe of nature to contracte matrimony to gether and that this lawe can in no wyse be released by any auctorite of any man by the whiche ther is made an abhomynable discouering of the brothers foulnes And this is the signe of our comen bedyl notary the seale of our foresayd facultie put vnto this present writynge the .x. day of Iune the yere from the byrthe of Christe .1530 And by cause the foote of our wrytynge shal be of one forme or fasshion with the heed as we began with prayer so let vs ende after the example of Paule that we spake of before and sey The grace and fauour of our lorde Iesus Christe the charite and loue of god and the communication of the holy gost be with you al. Amen The determination of the facultie of diuinitie of the vniuersitie of Bononye GOd best myghtiest taught fyrste the olde lawe or testament with his owne mouth to forme and fasshyon accordyng to loue and charitie the maners and lyfe of men And seconde the same selfe god dyd take afterwardes manhode vpon hym for to be the redemer of man and so made the newe lawe or newe testament nat onely to forme and fasshion accordynge to loue charitie the lyfe and the maners of men but also to take away and to declare doubtes the whiche dyd aryse in many cases whiche whan they be ones clerely determined shall helpe greatly to pfecte vertue and goodnes that is to say to perfecte loue and charite wherfore we thought it euermore that it shulde be our parte to folowe these moost holy doctrines lawes of our father of heuen and that we lyghtned by the lyghte of god aboue of the holy gooste shulde gyue our sentence and iudgement in hyghe and doutfull matters after that we haue ones leyserly and sufficiently taken aduisement vpon the cause and haue clerely serched out opened the thyng by many reasons and writinges of holy fathers as well for the one parte as for the tother doynge nothing as nighe as we can rasshely or without deliberation Therfore where as certaine great noble men dyd instātly desyre vs that we wolde with al diligēce possible loke for this case that hereafter insueth and afterwardes to gyue our iugemēt vpō the same accordynge to most equite ryght and conscience sticking onely to the truth all the doctours of diuinite of this vniuersitie whan we had euery one by hym selfe examined the matter before at home in our houses came all to gether in to one place and there treated vpon hit many dayes with as moche counnynge and lernynge as we coulde we anon loked vpon the case to gether we examyned hit to gether we compared all thynge to gether we handlynge throughly euery thynge by it selfe dydde trie them euen as you wolde saye by lyne and rule we brought forthe all maner of reasons whiche we thought coulde be brought for the contrary parte afterwardes solued them ye euen the resones of the mooste reuerende father Cardinal Caietaine yea more ouer the Deuteronomi dispensation of styrring vp the brothers sede and shortly all other maner of reasons and opinions of the contrarie partie as many as semed to belonge to this pourpose And this question that was asked of vs was this whether hit was forbydden onely by the ordynaunce of the churche or els by the lawe of god that a man myghte nat marye the wyfe lefte of his brother departed without children And if it were cōmaunded by both the .ij. lawes nat to be done whether the pope may dispence with any man to make suche mariage the whiche question nowe that we haue examined it bothe by our selfe secretely and also openly as dyligently and exactly as we coulde possible and discussed it after the best maner that our witte wold serue we determine we gyue iudgement we sey and as stifly as we can we witnes and without any doute do stedfastly hold that this mariage shulde be horrible accursed to be cryed out vpon and vtterlye abhominable not onely for a christen man but also for any infidell vnfeythful or hethen And that it is prohibite vnder greuous peynes and punysshementes by the lawe of god of nature and of man and that the pope though that he almost maye do all thynges vnto whom Christe

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

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

feyth beleue and truste what to knowlegynge of synne what to holynesse what to perfection to rightnes to equitie and conscience to loue and charitie breuely what thinges before god are taken for cleane or vncleane fyled or vnfiled comely and acceptable abhominable and cursed holy and vnholy All these thynges teacheth the sayde lawe of god And the historie of Moses concernynge the sacrament of matrimony is after this maner and forme folowynge ❧ The fyrste chaptre GOd that is best and almightie after that he by his power whiche can in no wise be expressed had made heuen erthe and all thynges that be conteyned within the compasse of the same and at the laste had made Adam also he sawe accordynge to his incredible knowlege and wysedome that it was nat conueniēt nor yet good that Adam shuld leade his lyfe in Paradyse solitary and all alone without company and destitute of all helpe and comforte for god made hym naturally to lyue in amitie and frendship in loue and good wyll and hadde grauen nowe alredy in his soule with his fynger of the holy goste certayne generall vnder standynges perceyuynges and knowleges the whiche shulde nat onely moue and sturre hym to the loue of god and man to amitie and frendeshyppe and to other dueties dedes and offices of vertue but also shulde greatly helpe and strength hym make hym able and of power to performe and fulfyll those same offices of vertue after suche maner as they ought to be done Therfore god soone after he hadde made Adam cast hym in a deed slepe and toke out one of his rybbes of his side and made it a womā And whā he had broght her vnto Adā had coupled them straitly to gethers by the bōde knot of mariage by and by he made the lawes of mariage sayenge by the mouth of Adā Nowe this bone of my bones and flesshe of my flesshe For the which cause a man shal leaue his father and mother and shall stycke vnto his wyfe and they shall be two in one flesshe or body or two shall be made one flesshe or bodye But the deuyll hauynge enuy at their felicitie by and by came vpō them by subtiltie and suche crafte as can nat be tolde and dyd nat ceasse tyl he had allured them into the snare of synne And therfore they were owtlawed and dreuen forthe of Paradyse and were cōpelled to till and labour the erth There when they had applyed them selfe to brynge forthe children and nowe by proces of tyme the multitude of men was increased vnto an infinite noumbre god seynge that moche was the malyce and vyce of men in the erth and that all the thought and mynde of the herte of manne was sette and bent euermore and at all tymes to noughtynesse and synne in so moche that they toke them wyues at aduentures whome so euer they hadde chosen sparynge or forbearynge no maner degree of affinitie or kynred oure lorde repentynge hym selfe that he hadde made man brought in the waters and Noes fludde vppon the erthe and slewe all the flesshe in the whiche was the spirite of lyfe vnder heuen excepte those fewe whome he commaunded to go in to the arke or shyppe of Noe the whiche fewe whanne after the drownynge of the worlde they were called out of the shyppe abrode that is to witte whan that our lord was atone ageyne with mankinde he gyuyng his blessing to Noe his children whan he was about to publisshe vnto them agayne the lawes of maryage Fyrste and before all thynges he commanded them to do their dutie in mariage and to encrease and multiplie and fyl ful the erthe But after this whan certayne hundredes of yeres were paste and nowe the children of Israel after theyr departyng out of Egypte where they hadde dwelled of a longe tyme had ben in the wyldernesse .lx. dayes more or lesse and had pyght their tentes ageynste the mounte of Oreb and there our lorde had shewed vnto Moses with wonderfull religion and fearefulnes nat onely the commaundementes and iudgementes the whiche he wolde to be gyuen to his people but also had instructe hym at large of the buyldynge of the tabernacle and of the ornamentes of the same of sacrifice doinge and of bole bourned sacrifice and of the place and tyme of the same of the prestes of the kynred of Leui of the difference of meates of the clensynges of leprijs and of other mistycal thinges in the whiche outwardly appered a shadowe of feythe and of good maners not the very thynge in dede our lorde called Moses vnto hym agayne out of the tabernacle of witnesse or promyse and by cause that the tyme was euen at hande for the people of Israhell to entre into the londe that god hadde promysed them he commaunded Moses ageyn that by his worde and cōmaundement he shulde admonysshe the people of newe of kepynge the moralle preceptes and that perteyne to good maners and to the orderyng and wel rulinge of theyr lyfe and that he shulde make them playn and open vnto them after the moost largest and playnest maner that he coulde Therfore by cause that god dyd study and dyd care before al thinges that his people whom he had chosen for his owne propre flocke shuld with suche chastitie and pure holynes as becometh kepe their matrimony the whiche is in honour and reuerence amongest al folkes And bicause they shulde kepe their beddes vnspotted and vndefiled nor shulde nat pollute them selfe with suche maner of mariages as he had abhorred and had in abhominacion nowe of longe tyme amongest the hethens had ryghtfully be reuēged vpon them by mooste greuous punysshementes bycause they were vncharytable incest and a cursed our lorde cōmaunded Moses that he shulde prescribe vnto his people lawes of matrimoni that shuld be cōformable and agreing with honestie and shamefastnes naturall and that he shulde vtterly forbydde suche maryages whiche had foulenes and dishonestie in them And therfore our lorde vsed these wordes vnto Moses in the .xviij. chaptre of the Leuiticall sayenge O Moses speake vnto the children of Israhell speke and tell them nat thy worde nor thy commaundement but myne For I my selfe their very lorde and god do teche them this and this commaunde them that they lyue nother after the abhomynable custome of the Egiptiens from whose miserable bōdage I haue delyuered them into perfecte and full libertie by my valiaunt arme and myghtie power nor yet after the vngracious vsages and maners of the Cananees whose lande I wyll gyue vnto them and wyll brynge them into it ▪ but that they from hensforth obserue and kepe my commaundementes my iudgementes and my lawes and that they folowe them and lyue after them For besyde other myscheuous vices this thyng also is leful and customable amonge those hethens to myngle or marye them selfe by moost shamefull luste and plesure of their bodyes with women that be most nyest of their bloud and of their affinitie puttynge no