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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

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people oughte not to kepe them bodely or as the bare letter and wordes doth speke but we muste consyder what they sygnifye and we be tought by the apostels owne wrytynges that we must kepe suche lawes spiritually not corporally for whan we rede any suche thynges in the instrument of the olde testamente whiche in the newe testament we other be not commanded to kepe or vtterly forbyd to kepe them we muste not rebuke it but we must seke out what is the gostly meanynge of it For in so moche as we do no more obserue it that proueth not that it is damned in no wise to be receiued but that it is fulfilled And therfore this same selfe thynge that Faustus bycause he dothe nat vnderstande it hathe layde against christian men as a crime and greuous offence serueth for nothyng elles in the worlde but onely to shewe mistycally vnder a fygure and cloude a spirituall purpose it is this that euery preachour of the godspell is boūde so to labour in the godspell that he stir vp sede vnto his brother departed that is to Christe whiche dyed for vs. And the sede that shal be stirred vppe muste haue the name of the brother that is departed wherfore we be called Christiās and therfore without doubt we nowe be bounde to kepe and fulfill this lawe not carnally by bodily generacion after the olde meanynge and takynge of it but spiritually and by gostly generacion and after the trewe vnderstandynge And for this saint Paule the apostell fulfylleth this lawe spiritually where he is angrye with them whom he saythe hym selfe to haue engendred and gotten throughe the godspell and the worde of god to Christe Iesus his brother and not to him selfe nor to none other mā And therfore doth sharply blame rebuke them whiche wolde be called Paulins or Paulis men what saith he was Paule crucified for you or were you baptysed in the name of Paule as if he had sayde I begat you to my brother whiche is deed that is to Christe Be you called therfore Christians Christes men not Paulins or Paulis men ¶ Agayn in his boke of questions vpō the Leuiticall and in that worke also that he named the Myrror he saith that this forbod that a man shulde not marie his brothers wife and al other thingis that be forbyd in the .xviij. chap. of the Leuiticall we be bounde without doubte to kepe them nowe in the tyme of the newe testamēt and lawe of the gospell whan the obseruaunce and kepynge of the olde shadowes and bodily or outwarde tokens is taken away ▪ For what soeuer thynge as he sayth in an other place dothe helpe and serue for vtue good maners lykewyse as they were not ordined to betokē any thinge but to shewe vs howe we muste lyue so they ought nat by any interpretation or vnderstandyng be applied to any signifyinge or tokenynge as if they were but signes tokens of thynges But as many as be of Christes religion and beleue be bounde of necessitie to kepe them euen so as they be spoken And in an other place he saith Although in tyme paste men maried their sisters yet that thing was done bicause necessite compelled mē vnto it for as moche as thā were so fewe people but this thīg is not so olde nor was neuer so necessary but it is now as damnable bicause that religion dothe forbyd it For it ought to be done than whan it might bicause that by mariēge of sisters there might be plentie of women so that by processe they might take wiues whiche shulde nat be their sisters but afterwarde ones that this necessite ceassed that there were women inoughe this thynge oughte not onely to be vndone but if it were done it shulde be a crime not to be spoken For I wote not howe saith he there is amōge all the poyntes of mans shamefacidnes one certayne natural cōmendable poynt and it is this that to what so euer woman we be bounde to do honour with reuerēce and shamefacidnes our carnall luste yea thoughe it be for generation yet by cause it is carnall luste we refrayne it from that woman specially considerynge that we se maryed folke namely that haue shame honestie to be ashamed of suche luste ¶ Nowe here thou seest gentyll indifferēt reder what is the iugement of these great diuinis wherin thou shalte call to thy remembrance .iiij. or .v. thynges Fyrste what so euer persone of Christes beleue breke any of these Leuiticall prohibitions of maryage he shall be damned bothe bodye and soule in to euerlastynge deathe of helle Seconde that not onely the Iues dyd absteine from marienge their brothers wyues euen as ye wolde say for feare of some mischiefe yet they mighte haue done it by auctorite of their lawe but that the very heathens also after the deth of their wyues dydde euer more absteyne from maryinge of their wyues sisterne as from a certayne impietie or abhominacion agaynst nature Thirde that mariages contracte contrary to these prohibitions be vncomely and abhomynable and as nere as can be to the lyfe of brute beastes and suche as christian people shuld nother abyde to here them spoken of nor yet to thynke on them and that they be cleane contrarye to charitie ye and furthermore that they be the transgression and breking of all the lawe Fourthe that they be so greuous and so hateful in the sight of god that they haue distroyed hole nacions polluted the lande and being polluted caused hit naturally to grudge to put them out which had cōmised suche thinges doutles bicause that god did take vengeance at the grefe and complaynt of the lande Finally that these prohibitions perteyne not onely vnto the Iues but to all christians whiche come to serue god and that they whiche be polluted and corrupte with any one of these not to be spoken dedes is defyled with them all and that god is angry with them and wyll not dwell with them and contrary that the spirite of god dwelleth in them that kepe them selfe cleane from suche foule couples And seynge that these foresayde thynges be true it is prouided as playnely as can be that these Leuitical lawes be out of doubte the cōmandementes of god and that morall cōmandementes ordined for thincrease and mayntenaunce of honestie ▪ and vertue and that they muste not be kepte after a spirituall and a mysticall vnderstandynge as Isichius saith more than after the playne letter and euen as they be spoken namely amonge christian folke For as many as be trewe Christes disciples the spirite of god dwelleth in them and if there be any that hath not the spirite of Christe he is none of Christes And therfore christian people specially had nede to be holye and not to suspēde the temple or churche of god with suche abhominations or any other vice but it becometh them to be innocent from all maner of foulenes and vnclenlynes ¶ And marke well this thynge also gentyll
god made no such rehersall nor doublynge nor said not twyse I your lorde god but Moses yea rather the holy gost that spake in Moses doth this for this consideration that these holy lawes shulde not be dispised or littell regarded by cause some sayde that they were Moses lawes But these thynges that be here commaunded be not Moses preceptes but the commaundementes of god Agayn Moses rehersed these thinges bycause there was meruaylous dilygence and studye taken that bothe the letter and texte and the lytterall or carnall sens and playne meanynge of these preceptes shuld be obserued and kepte and also the spirirituall and gostly vnderstandyng and that a great and a right lawe shulde compose and order bothe the outwarde and the inwarde man also whiche is bounde to kepe bothe the outwarde superfyciall meanyng of this lawe and also the inwarde and mysticall intēt of the same And as for the vttermore and superficial minde of this law forbyddeth them that be nyghe of bloud to haue any a do to gether by the waye of mariage or other wyse bicause that thyng also was kept amonge the hethens whose londe god dyd take from them to gyue it the Iues for their heritage And by cause he wolde shewe that this cōmaundement is necessary and of necessite to be kepte he dothe nat onely recken vp the degrees of kynred but also in rekenynge them he setteth forthe playnely the cause why euery lawe was made and the cōmixtion or couplynge of suche persons he calleth it discouerynge of foulenes or shamelesnes signifienge that who so euer commytteth any suche dedes euery body shulde be ashamed of him euery body tourne their faces from hym and that he ought to be abhorred and hated of euery body For who so vnhelleth the foulenes or the parties to be ashamed of of his kynsfolke be they of kyn gostly spiritual or bodili and carnal he is foūde to be a breker and a transgressour of al the holle lawe For the thinge that he doth is contrary to loue and charite whiche is the fulfyllynge and performing of al the holle lawe And that a man or a woman is after no small facion polluted and defyled by these forsayde vices the indignation vengeaunce and punysshement that is appointed for such vice doth euidētly shew And truly we ought not to pollute our selfe with neuer one of them For who so is polluted with any one of them is polluted with them all Therfore whan the lawe wolde shewe that they be all ioyned and knytte faste to gether so that a man can not offend ī one but he must offend in all so be polluted by al for this cōsideracion the lawe hath gathered them all to gether and couched them vp here all in one place and proueth that they be so greuous and haynous enormities that they distroyed holle nacions and polluted the lande and whā it was polluted made it for to be forsaken and to vomit out and refuse them that had cōmytted suche vice in hit not bycause the lande coulde expell put out or euomit them but bycause euen the very erthe selfe of the owne Nature that god hathe gyuen it doth wayle and mourne at suche abhominations and god that is ryghtefull taketh vengeaunce both for this mournynge and heuynesse of the erth his creature and also for breache of his lawe and for infamie and villany done to his creature ¶ He maketh ofte rehersall and stableth his law and cōfirmeth his thretis and ageyn setteth punisshementes and that for this intent bycause he wolde feare vs and quicken vs to forbere suche thinges as he forbiddeth vs that we shuld not fall in to the penaltie that he hath thret And truly the penaltie is the losse and destruction of the soule which begīneth here in this life by syn that is deth of the soule is accomplisshed ended in the lyfe to come in the euerlastinge tourmentes of hell wherfore he byddeth bothe the Iewes and straungers that do professe the Iues lawe to flie from suche abhominations and in no case to do them which thinges our auncientes greately vsed and they haue polluted our lande And yet nowe the thyrde tyme he commaunded the same thynges to shewe that they be not the cōmādementes of mā but of god hym selfe Laste of al sayth he consyder with what wordes he doth confyrme this presente constitution or penall lawe Suffre nat your selfe to be polluted with such vices for I am your lorde god wyllyng that we all shulde be cleane from al pollution and syn for the image similitude of god is with in vs and roūde about vs. and as often as we pollute the image of god by syn but specially by any of these noughtie and not to be spoken dedes that ben here forbidden god must nedis be displeased and angry And if we kepe this ymage of god within our sowle pure and cleane god hath suche delyte and pleasure therein that he vouchith saufe to inhabite within vs. Therfore who so euer doth defyle the temple or churche of god god shal distroy hym For the temple or churche of god is holy whiche churche or temple you be saith Paule to al christen folke ¶ Ageyn Isichius sayth a litle after It is in very dede quod he vncomely and as nye to the lyfe of brute beastes as can be for a man to be maryed and medle with his brothers wyfe or with any of his kinsmens wyues namely of them that be nere of bloud wherfore god commandeth and decreeth that he whiche marieth of this facion shall dy without children Doutles bycause that he misusynge hym selfe doth marre and confounde and vtterly disorder the lawe of bryngynge forth children ¶ And agayn afterwarde sayth Isichius These thynges be not spoken of onely to the Iues whiche by cause they be circumcised and haue Moses lawe thynke them selfe alone from al other nations but they be spoken to euery man woman and childe whiche intende to serue god ¶ And to this place we haue rehersed you Isichius wordes Nowe with all these doctours opinion agreeth saynt Ambrose saynt Hierome and saynt Augustine ¶ Firste where one Paterne had a sonne by one womā and a doughter by another whiche had also a doughter wold haue maryed his doughters doughter to his sonne the maidens halfe vncle he counsailed saint Ambrose in the case which made hym this aunswere I nother thynke nor iudge that your bysshop an holy man doth loke after my sentence and iudgement in this matter For if he hadde he wold haue written to me of it and in somoche as he wrytteth not he sheweth playnly that he iudgeth this no matter to be doubted on for what doubt may be in this case whether thy sonne and thy doughters doughter or thy nece by thin owne doughter may mary to gethers seynge the lawe of god forbyddeth that thy sonne shulde mary with thy brothers doughter But fyrst let vs examine the wordes of the law for thou
of all the holle worlde if his conscience pricked hym for suche incest wyll not feare the terrible iudgement of god Fyrst leest he shulde prouoke and brynge vpon hym selfe the vengeance of god as dyd the sonnes of Cain the whiche were drowned in Noes floudde by cause they did fouly abuse their systers and their brothers wyues as approued doctours do saye Seconde lest he shulde be constrayned to flee his countrey and his children either to be distroyed or disherited lyke as the kynges of Canaan were serued and as it came in tyme paste to the kynge Iechonias Finally leest that after this lyfe he fall also into the tourmentes of euerlastynge punisshement For here you se before your eies the sacre holy lawes of god here you se the lyuely prophecyes and wordes of excedynge vertue and strengthe the whiche be more persynge as Paule sayth than any double edged sworde whiche ronnethe through til they haue diuided the life and the soule and haue deuided the ioyntes the mary whiche wordes seing they be so playne and open that if any man will adde and put any thinge vnto them it shulde be ieopardie leest he shulde be reproued and founde false and a lyer accordynge to Salomons sayenge Forsothe it becometh a christen harte more to regarde the wordes and auctoritie of god whiche so doth forbydde so hath in abhominacion so dothe punysshe and reuenge suche matrymonie that is contracte with the brothers wyfe than any maner auctoritie of men or any felicitie of this worlde that shulde brynge a man to so great vice and vngodlynesse to so great dedly remorse and tearinge a sondre of a mans mynde and conscience For who doth nat vnderstande that we ought rather to obeye god than man and that hit shall be smalle proffyte to a man if he wynne all the worlde and lose his soule For if he lose his soule he leseth his body also And truely it is a heuy wynnynge for the whiche a man leseth hym selfe that is to saye his bodye and his soule into euerlastynge damnacion ❧ The seconde Chaptre THerfore all thoughe a good and a christen reder after that he hath ones sene these sayenges of god can not resonably desire any thyng more to moue his cōsciēce that he shud surely beleue that he can nat breake this Leuiticall forbyddynges that a man shulde nat marie his brothers wyfe without greuous sinne and transgression both of the lawe of god and of the lawe of nature also we neuerthe lesse wyll brynge forthe also wytnesse of the lawe of the gospell suche as shall be thought to helpe for the clerynge of this matter and also we shall shewe what the sacre holy counsayles and the best lerned and moost approued doctours of the churche haue iuged in this matter And first of al the auctoritie of saynt Iohn̄ and saynt Paule doth maynteine and confyrme the sentence of these vniuersities The auctorite of saynt Paule where as he gyueth his iudgement that christen men euen at this tyme are bounde to kepe that other Leuiticall lawe that a man shulde nat mary his stepmother whiche law was made and publisshed in the same place the same text by the same sprite and the same selfe tyme that this other law was that a man shulde nat marye his brothers wyfe And Paule calleth that vnclenlines or fornication vtterly agaynst Nature and beastly that a man shulde marie his fathers wife Ageyn the auctoritie of saint Iohn̄ is playn where as he openly rebuketh Herode the kynge sayenge It is not leful for the to haue thy brothers wyfe For what so euer the interpretatiō or vnderstandyng of those wordes is whether they be vnderstande of his brother beyng a lyue or deed yet this thynge is sure as it is also sene to great lerned men that saynt Iohn̄ dydde take those wordes out of the Leuiticall boke And by cause that those thynges whiche he did saye shulde haue the more auctorytie strengthe and vertue he pourposely did rebuke and reproue the shamelesse incest life of Herode not bi his owne wordes but by the wordes of god For it shulde haue bene to no pourpose to haue layde any crime to kynge Herodes charge for this thynge vpon any other cause seinge that Herode was an alien and an heathen and therfore was not forbydden by none other lawe wherby he myghte not marye his brothers wyfe ye and thoughe his brother had lefte .x. childerne by her for as the prohibitions of the lawe Canon they were nat that tyme made the lawe Deuteronomi dyd bynde the Iues onely wherfore seinge that this no doute most rightfull sentence of saint Iohn̄ was giuen agaynst kynge Herode an hethen man generally and without any exception lymitation or distinction nor hit is nat restreined vnto the wyfe of his brother lyuyng or of his brother leauyng children what other thynge shulde we thinke that saynt Ihon̄ did meane then that this Leuiticall lawe that a man shulde not marie his brothers wyfe dothe indefferently belonge vnto all men as well hethens as Iues by cause it is merueilous agreable with naturall reason and that all christē men are necessarely bounde vnto the obseruatyon or kepynge of the same as well as they be to the kepynge of the cōmandement of god and of nature For though we graunte that Moses lawe was not taken a wey specially amonge them vnto whom the gospell was not yet shewed vntyll suche tyme as the gospell and this happy tidinges of Christ was published and openly declared vnto them yet all that euer is conteined in Moses lawe as many as belonge either to iudgement or to cerimonies they were deed by and by and of no strength vnto them which all redy did knowe and did preache and teache that Christe grace or fauour of god and the gospel was come And truly it is not reasonable to beleue that Iohn̄ wolde haue vsed suche witnesse or that he wold haue shedde his bloudde and haue died in the quarell to maintaine the truth of those lawes whose credence auctorite he knewe well before that they were allredy vaneshed a wey of nomore effecte or at leste that they shulde ceasse and be takē awey sone after Furthermore Paule dothe greuously rebuke the hedes and rulers and the comunalte of the Corynthes by cause they suffered one of the citye of Corinthe to be conuersante amonge them vnpunyshed whiche beynge blynded I wot not by what errour parauenture by pretence of lybertie of the gospell hadde takē his stepmother to wyfe Ye and more ouer he dothe condempne the same selfe felowe vnto the most greuous punishemēt of excōmunication not so moche by cause he had done agaynst the lawe as bycause he hadde done ageinst nature saynge that is suche fornication as is not euin amonge the hethens whiche be led or ruled by the lawe of nature menynge no doubte that nature dothe abhorre that one the same selfe flesshe that is to sey the fader and the son
and reasonable that as amonge the Iewes the transgressour of theyr lawe was punisshed accordyngely for marienge out of their tribe and kinred for to conserue their erthely heritage so amonge vs christian people it is ryght and resonable that the trāsgressor of our lawe be punisshed to thintent our heuenly coūtrey and godly heritage may be encreased ¶ Yet an other reson As they were forbidden to marye out of thayr trybe or stocke euen so they were forbydden by the selfe same lawe to medle with them that were nexte of their bloudde For the lawe saith No man medle with her that is next of his bloudde and the lawe putteth vnto the auctoritie of the commander sayenge I the lorde and as though they had required a cause and a reasone why it was so cōmaunded the lawe putteth vnto Thou shalt not open and dyscouer thy fathers foulnes nor thy mothers by cause it is the foulnes or fylthines of thy father and thy mother And afterwarde streyght folowynge he reakenneth vppe in ordre those that be nexte of bloudde with whom we muste not medle nor open or discouer their foulnes that is to witte brotherne and systerne and other that be there described The whiche cause and reasone may be also commune vnto vs and to them euen lyke as the commaundement is cōmune bothe vnto vs and to them Therfore let vs seke what foulnes is this whiche who so discouereth and openneth is wourthy to die for it It is a foule thynge whan one parte doth not agre with the other And before the transgression of the fyrste man Adam in all mannes body there was no thynge fowle fylthy or vnclene no partie contrary nor rebellious to a nother For while that same harmony and swete agrement well and commely proporcioned by the hande of the creator and maker god did yet remayne one partie dyd agre with an other and the soule was subiecte and obedient to god and the body was subiect and obedient to the soule in al pointꝭ But after that by breakynge of the commaundement of god the soule was made inobedyent and stubborne and rebellious agaynste god his superiour the body inferiour was no lenger obediēt to the soule his superiour For streight the trāsgressours Adam and Eue had theyr eies opened And theyr eyes sayth he were opened that is to be vnderstande the one to haue carnall lust vnto the tother the whiche desyre and luste before they had not And where as they before were naked and were not a whit ashamed therof streyghte whan they sawe that the partes of their bodyes were turned in to thynges to be ashamed of went aboute to hyde and couer them and dydde make couerynge for them The whiche thynge we maye perceyue euen nowe in children and litle babes whiche as longe as they fele nor perceyue no stirrynge nor motion of concupiscence or flesshely lustes they haue no partis that they be ashamed of bicause they can not be ashamed of any parte of their bodies But whan they begyn ones to perceyue and fele that concupiscence they can not suffre their priuities to be vncouered Therfore after this harmoni and swete agrement was broken and vndone in our fyrste parentes there happened not a lyttell foulenes and originall punysshement that shulde go with originall sinne frō them to theyr posteritie and to al that shulde come of them And so by cause of this foule bodily luste cōcupiscence that Paule calleth the body of synne whiche is within our body those membres and partes that haue ones serued to this lust and concupiscence be named shameful partes foulenesse and shame by cause they be of knowlege and do wytnesse of our inwarde foulenes that is to sey of our luste and stirynge to fleshely medlynge whiche membres euer more do require to be alway couered and hyd And this foulenes of concupiscēce desire and lust is then opened or vncouerd whā it requireth and taketh vnto it the office and seruice of tho membres that be ordyned for it and dothe falle to practise at whiche tyme all that myghte and power of the reasonable soule or of mans wytte is so dulled so troubled so ouercome and so oppressed ouerlaide by the filthy lust of the flesshe that it may be very well sayde at that time Adam where arte thou That is to say thou that woldest haue ben lyke to god I do not se wherto thou art come And what is more foule than this foulenes what greatter shame is there than this shame The whiche the apostel rebukynge Flie you sayth he fornication All the synne that a man doth cōmit is without the body but he that synneth in fornication synneth agaynste his owne body that is to sey all synnis truely hurteth the soule but yet for all that they foule not the bodye but he that committeth fornication doth not only offend god and foule his soule but also he defylethe and maketh vnhonest all the fayrnesse and goodlines of his body For as a thefe whā he is taken hath a marke bourned in hym with an iron or with fire to his vttre and euerlastinge shame and rebuke so this bodely pleasure was for a punysshement of synne put into our nature which nature by the faute of brekyng goddes commaundement was nowe holly corrupte thorowe and thorowe in euery parte of it bycause that he in whom al our holle nature was and without whom there was no parte of it was al holle corrupt The which foulenes in all persons ought to be couered euer more with the coueryng of shamfacidnes if it were not necessarie for the generation of man for a peyne and punysshement of the fyrste synne And yet there is no suche loue to the generation and encrese of man that dothe suffre vs to discouer this foulenes in those persones of whome the lawe saith that thei be next of our bloudde For these persons by the law motiō of nature self owe this reuerēce of loue charite one of them to an other so that there can be no iust lauful cause why they shulde shame and dishoneste their bodies on this facion nor there can be no honeste excuse foūde or brought in whiche may couer hyde this dishonestie Not bicause I wolde sey that mariages he nat holy and that the bedde is not clene and without spotte synne in the whiche matrimony is kepte laufully with feare of god and for charytable loue and honestye For by suche matrymonye they that mary be made one spirite and one sowle syns that they be made nowe one fleshe And thus bothe by their honest loue and also by their desire to engendre and gette chyldren do so hyde and couer their dishonestie do as ye wolde sey denoure swalowe vp this penall foulenes filthines of mans generation that as the Apostell saythe They that mary be as though they were not maried Therfore as we haue sayde they that were forbydden to mary out of their tribe by the same lawe also