20.1. Determinations of diuerse vniuer|sities touching the vnlawfulnesse of the kings marriage, and first the deter|mination of the vniuersitie of Orleance.

Determinations of diuerse vniuer|sities touching the vnlawfulnesse of the kings marriage, and first the deter|mination of the vniuersitie of Orleance.

_NOt long since there were put foorth to vs the college of doctors, regents of the vni|uersitie of Orleance, these two questions that follow. The first, whether it be lawfull by the law of God for the brother to take to wife that woman whom his brother hath left? The second, if this be forbidden by the law of God, whether this prohibition of the law of God may be remitted by the pope his dispensation? We the foresaid college of doctors regents, according to our custome and v|sage came manie times togither, and did sit diuerse times vpon the discussing of these foresaid doubts and questions, and did examine and weigh as much as we might diuerse and manie places, both of the old testament and the new, and also the interpretors and declarers both of the law of God and the canon law.

After we had weighed & considered all things ex|actlie, with good leisure and deliberation we haue all determined and concluded, that these foresaid mari|ages cannot be attempted, nor enterprised, except a man doo wroong, and plaine contrarie to the law of EEBO page image 924 God: yea and that although it be doone by pardon and sufferance of the pope. And in witnesse of this conclusion and determination, we haue caused this present publike writing to be signed by the scribe of our said vniuersitie, and to be strengthened & forti|fied with the seale of the same. Enacted in the chapell of our ladie, the annuntiation, or the good tidings that she had of Christes comming in Orleance, the yeare of our Lord 1529, the 5. daie of Aprill.

20.2. The determination of the facultie of decrees of the vniuersitie of Paris.

The determination of the facultie of decrees of the vniuersitie of Paris.

Lawiers of Paris.IN the name of the Lord so be it. There was put foorth before vs the deane and college of the right councelfull facultie of decrées of the vniuersitie of Paris, this question? Whether that the pope might dispense, that the brother might marrie the wife that his brother hath left, if mariage betweene his bro|ther now dead and his wife were once consummate? We the deane and college of the said facultie after manie disputations and reasons made of both sides vpon this matter, and after great and long turning and searching of bookes, both of the law of God, and the popes law, and of the law ciuill, we counsell and saie that the pope hath no power to dispense in this foresaid case. In witnesse whereof we haue caused this present writing to be strengthened with the seale of our facultie and with the signe of our scribe or chiefe bedle. Yeuen in the congregation or assem|ble at saint Iohn Laterenense in Paris the second daie of Maie 1530.

20.3. The determination of ciuilians and canonists of the vniuersitie of Aniou.

The determination of ciuilians and canonists of the vniuersitie of Aniou.

Aniou.NOt long time since there were proposed vnto vs the rector and doctors regents in law canon and ciuill of the vniuersitie of Aniou, these two questions here following, that is to wit; Whether it is vnlaw|full by the law of God & the law of nature for a man to marrie the wife of his brother, that is departed without children, so that the marriage was consum|mate? And againe, whether it is lawfull for the pope to dispense with such marriage? We the aforesaid rector and doctors haue according to our custome and vsage manie times communed togither, and sitten to dispute these questions, and to find out the certein|tie of them. And after that we had discussed and ex|amined manie and diuerse places, aswell of the law of God as of the law of man, which séemed to per|teine to the same purpose, and after we had brought reasons for both parties, and examined them: all things faithfullie and after good conscience consi|dered, and vpon sufficient deliberation and aduise|ment taken, we define and determine that neither by the law of God nor of nature, it is permitted for any christian man, no not euen with the authoritie of the sée apostolike, or with anie dispensation granted by the pope, to marrie the wife that his brother hath left, although his brother be departed without chil|dren, after that the marriage is once finished and consummate. And for witnes of the aforsaid things, we haue commanded the scribe of our said vniuersi|tie to signe this present publike instrument, and it to be fortified with the great seale of our vniuersitie. Enacted in the church of saint Peter in Aniou, the yeare of our Lord 1530, the 7 daie of Maie.

20.4. The determination of the facultie of diuinitie in the vniuersitie of Paris.

The determination of the facultie of diuinitie in the vniuersitie of Paris.

Paris.THe deane and the facultie of the holie diuinitie of the vniuersitie of Paris, to all them to whom this present writing shall come, wisheth safetie in our sauiour Iesu Christ, which is the verie true safetie. Where of late there is risen a great controuersie of great difficultie, vpon the marriage betweene the most noble Henrie the eight king of England de|fendor of the faith, and lord of Ireland, &c: and the no|ble ladie Katharine quéene of England, daughter to the catholike king Ferdinand, which marriage was not onelie contract betwéene hir and hir former hus|band, but also consummate and finished by carnall intermedling.

This question also was proposed to vs to discusse and examine according to iustice and truth, that is to saie; Whether to marrie hir that one brother dead without children hath left, being so prohibited by the law of God and nature, that it can not be lawfull by the popes dispensation, that any christian man shuld marrie the wife that his brother hath left? We the foresaid deane and facultie calling to our remem|brance, how vertuous, and how holie a thing, and how agréeable to our profession, vnto our dutie of loue and charitie it is for vs to shew the waie of iu|stice and right, of vertue and honestie, to them which desire to lead and passe ouer their life in the law of our Lord with su [...]e and quiet conscience; could not but be readie to satisfie so honest and iust requests: wherevpon after our old woont, we came togither vpon our oth in the church of S. Maturine, and there for the same cause had a solemne masse with deuout praier to the Holie-ghost.

And also we tooke an oth, euerie man to deliuer and to studie vpon the foresaid question, as should be to the pleasure of God & according to conscience. And after diuerse & manie sessions or sittings, which were had and continued in the church of saint Matu|rine, and also in the college called Sorbon, from the eight daie of Iune to the second daie of Iulie; when we had searched and examined through and through, with as much diligence as we could, and with such reuerence and religion or conscience as becommeth in such a matter, [...]oth the bookes of holie scripture, and also the most approoued interpretors of the same: finallie the generall and synodall councels, decrées and constitutions of the sacre and holie church, which by long custome hath béene receiued and approbate.

We the foresaid deane and facultie, disputing vpon the foresaid question, and making answer to the same, and that after the iudgement and full con|sent of the most part of the said facultie, haue con|cluded and determined, that the foresaid marriage with the brothers wife, departing without children, be so forbidden both by the law of God & of nature, that the pope hath no power to dispense with such mariages, whether they be contract or to be contract. And for credence, beléefe, and witnesse of this our assertion and determination, we haue caused the seale of our facultie, with our notaries signe, to be put vnto this present writing. Dated in our gene|rall congregation that we kéepe by an oth at saint Maturines, the yeare of our Lord 1530, the second daie of Iulie.

20.5. The determination of the vniuersitie of Burges in Berrie or Biturs.

The determination of the vniuersitie of Burges in Berrie or Biturs.

WE the deane and facultie of diuinitie in the vniuersitie of Burges (bicause we will doo according to the example of S. Paule doctor of the gentiles,Burges. which dooth likewise) will begin our wri|ting with praier for all the belooued of God, a|mong whome you most deare readers, vnto whome we write, be called: grace, peace, and quietnesse of conscience come to you from God the father, and from our Lord Iesu Christ. While we were gathered EEBO page image 925 together all into one place (in the octaues of Whit|suntide) both in bodie and mind, and were sitting in the house of the said deane, there was a question put to vs againe, which had beene proposed to vs often|times before, being no small question, which was this: Whether the brother taking the wife of his bro|ther now dead, and the marriage once consummate and perfect, dooth a thing vnlawfull or no?

At the last when we had sought for the truth of the thing, and had perceiued and found it out by much la|bour and studie of euerie one of vs by himselfe, and by much and often turning of holie bookes, euerie one of vs not corrupt, whereby we might the lesse o|beie the truth, began as the holie ghost did put in his mind, to giue euerie man one arbitrement and sen|tence, which was this. I haue well perceiued in ve|rie truth, without regard or respect of anie person, that those persons which be rehearsed in the 18 chap|ter of the Leuiticall law, be forbidden by the verie law of nature to contract matrimonie togither, and that this law can in no wise be released by anie au|thoritie of anie man, by the which there is made an abhominable discouering of his brothers foulenesse. And this is the signe of our common bedell or nota|rie, and the seale of our foresaid facultie put vnto this present writing the 10 daie of Iune, in the yeare of our Lord 1530. And bicause the foot of our wri|ting shall be of one forme and fashion with the head, as we began with praier, so let vs end after the ex|ample of S. Paule that we spake of before, and saie, the grace and fauour of our Lord Iesu Christ, the cha|ritie and loue of God and the communication of the holie ghost be with you all, Amen.

20.6. The determination of the diuines in the popes vniuersitie of Bononie.

The determination of the diuines in the popes vniuersitie of Bononie.

GOD best and mightiest taught first the old law and testament with his owne mouth,Bononie. to forme and fashion according to loue and charitie the ma|ners and life of men. And secondarilie the same God did take afterwards manhood vpon him for to be the redéemer of man, and so made the new law or new testament, not onlie to forme and fashion according to loue and charitie the life and maners of men, but also to take awaie and to declare doubts, the which did arise in manie cases, which when they be once cléerelie determined, shall helpe greatlie to perfect vertue and goodnesse, that is to saie, to perfect loue and charitie.

Wherefore we thought it euermore, that it should be our part to follow these most holie doctrines and lawes of our father of heauen, and that we lightned by the light of God aboue & of the holie ghost, should giue our sentence and iudgement in high and doubt|full matters, after that we haue once leisurelie and sufficientlie taken aduisement vpon the cause, and haue cleerelie searched out and opened the thing by many reasons and writings of holie fathers, as well for the one part as for the other, dooing nothing (as néere as we can) rashlie or without deliberation. Therefore where certeine great and noble men did instantlie desire vs, that we would with all dili|gence possible looke for this case that after insueth, & afterwards to giue our iudgement vpon the same, according to most equitie, right, and conscience, stic|king onelie to the truth.

All the doctors of diuinitie of this vniuersitie, when we had euerie one by himselfe examined the matter at home in our houses, came all togither in|to one place, and there treated vpon it manie daies with as much cunning and learning as we could, we anon looked on the case togither, we examined it to|gither, we compared all things togither, we handling euerie thing by it selfe, did trie them euen as you would saie by line and rule, we brought foorth all ma|ner of reasons which we thought could be brought for the contrarie part, and afterward solued them, yea euen the reasons of the most reuerend father car|dinall Caietane, yea and moreouer the Deuterono|mie dispensation of stirring vp the brothers séed, and shortlie all other maner of reasons and opinions of the contrarie part, as manie as séemed to belong to this purpose.

And this question that was asked of vs, was this: Whether it was forbidden onelie by the ordi|nance of the church, or else by the law of God, that a man might not marrie the wife left of his brother de|parted without children? And if it were comman|ded by both the lawes not to be doone, whether the pope may dispense with anie man to make such ma|riage? The which question now that we haue exami|ned both by our selfe secretlie, and also openlie as diligentlie and exactlie as we could possiblie, and dis|cussed it after the best manner that our wits would serue: we determine, giue iudgement, and saie, and as stiflie as we can we witnesse, and without anie doubt doo stedfastlie hold, that this marriage should be horrible, accurssed, and to be cried out vpon, and vtterlie abhominable not onelie for a christian man, but for an infidell, vnfaithfull or heathen.

And that it is prohibited vnder gréeuous paines and punishments by the law of God, of nature, and of man, and that the pope, though that he almost may doo all things, vnto whome Christ did giue the keies of the kingdome of heauen, hath no power to giue a dispensation to anie man for to contract such mari|age for anie maner of cause, consideration or sugge|stion: and all we be readie at all times & in all pla|ces to defend & mainteine the truth of this our con|clusion. In witnesse whereof we haue made this pre|sent writing, and haue fortified the same both with the seale of our vniuersitie, and also with the seale of our college of doctors of diuinitie, and haue sub|scribed & signed it with our generall and accustomed subscription in the cathedrall church of Bononie, the tenth daie of Iune, the yeare of our Lord 1530.

20.7. The determination of the facultie of diuinitie in the vniuersitie of Padua in Italie.

The determination of the facultie of diuinitie in the vniuersitie of Padua in Italie.

THey that haue written for the maintenance of the catholike faith,Padua. affirme that God (best and mightiest) did giue the precepts & commandements of the old law with his owne mouth, to be an exam|ple for vs, wherein we might sée how we should or|der our life and maners, and this God had doone be|fore he became man: and after that he had put vpon him our manhood, & was become redéemer or buier of mankind, he made the new law or testament, and of his méere liberalitie did giue it vs, not onelie for the cause aforsaid; but also to take awaie and de|clare all maner of doubts and questions that might arise, the which once opened and declared, what their verie true meaning is, to the intent that thereby we might be made perfectlie good, which be greatlie fruitfull vnto vs and wholesome.

And séeing that this was the mind of God in ma|king these lawes, it hath béene our intent, and euer|more shall be, as it becommeth christian men, to fol|low these most solemne ordinances of the most high woorkemaister God, & the helpe of his light, that is aboue the capacitie of nature, to vtter our iudgment in all maner of doubts and hard questions. After we had once considered the thing after the best maner, and had by sufficient leisure made it cleere by manie euident reasons of both parties, and by manie au|thorities EEBO page image 926 of the fathers of the church, determining nothing (as neere as we can) rashlie or without con|uenient deliberation. Séeing therefore that certeine great orators or ambassadors did humblie require and praie vs, that we would vouchsafe to search out with all the diligence we could this case following, and afterwards to giue our sentence vpon the same, plainelie and simplie looking onelie on the truth.

After the doctors of diuinitie of this vniuersitie came togither, and after that we had euerie man ex|amined the thing particularlie in our owne houses, and had beaten it with all learning and cunning that we were able: anon when we were togither, we considered, examined, and weied all things by them|selues, and brought in all maner of reasons, which we thought might by anie meanes be made to the contrarie, and without all colour or cloke did wholie and cléerlie dissolue them and take them awaie. And amongst all, the dispensation by the law of Deute|ronomie, of stirring vp the brothers seed, and all ma|ner other reasons and determinations to the contra|rie, that séemed to vs to perteine anie thing to that purpose, we vtterlie confuted and dispatched them.

The question that is put vnto vs is this; Whether to marrie the wife of our brother departed without children, is forbidden onelie by the law of the church, or by the law of God also? And if it be forbidden by both these laws, whether the pope maie dispense with anie man for such matrimonie or no? Which questi|on now that we haue discussed it, and as farre as we could, haue made it cléere, both priuatlie euerie man by himselfe, and after all togither openlie, we saie, iudge, decrée, witnesse, and for a truth affirme, that such marriage is no marriage; yea and that it is ab|horred and curssed of euerie christian man, and to be abhominate as a grieuous sinne; and that it is as cleere as can be forbidden vnder most cruell penal|ties by the lawes of nature, of God, and of man; and that the pope, vnto whome the keies of the kingdome of heauen be committed by Christ the sonne of God, hath no power to dispense by the right of law for a|nie cause, suggestion, or excuse, that anie such matri|monie should be contracted.

For those things which be forbidden by the law of God, be not vnderneath his power, but aboue it; nor he is not the vicar of God as concerning those t [...]ings, but onelie in such things as God hath not de|termined himselfe in his law; but hath left them to the determination and ordinance of man. And to mainteine the truth of this our sentence and conclu|sion, and for the most certeine and vndoubted defense of the same, we all of one mind and accord shall at all times and in euerie place be readie. In witnesse whereof we haue made this writing, and haue autho|rised it with the accustomed seale of our vniuersitie and also of our college of diuines. Dated at Padua in the church of the heremites of saint Augustine the first daie of Iulie, in the yeare of our Lord 1530.

20.8. The determination of the vniuersitie of Tholose.

The determination of the vniuersitie of Tholose.

THere was treated in our vniuersitie of Tholose a verie hard question;Tholose. Whether it be lawfull for the brother to marrie hir which had béene wife to his brother now departed, & that without children? There was besides this an other thing that troubled vs ve|rie sore; Whether, if the pope which hath the cure of Christs flocke, would by his dispensation (as men call it) suffer this, that then at the least wise it might be lawfull? The rector of the vniuersitie called to counsell all the doctors regents, that were at that time at Tholose for to shew their minds on this que|stion, and that not once, but twise: for he iudged that counsell giuing ought not to be hasted nor doone vp|on head, and that we had need of time and space to doo anie thing conuenientlie and as it ought to be.

At the last there came togither into one place all the best learned and cunningest doctors, both of holie diuinitie, and also doctors that were best learned in both lawes; yea, and finallie as manie as had anie experience in anie matter, and were able to doo anie thing either by iudgement and discretion, or by elo|quence or their excellent wits; and there did sweare that they would obeie the sacred and holie councels, and would follow the decrees of the fathers, which no man that hath anie good conscience will violat or breake. And so euerie man said his mind, & the mat|ter was debated and reasoned diffuselie and at large for both parts.

In conclusion, we fell so fast to this point, that this was the sentence and determination that our v|niuersitie, with one voice of all, did determine and conclude with most pure and cléere conscience, and defiled with no maner of leuen of corruption: That it is lawfull for no man, neither by the law of God, nor by the law of nature, to take hir to wife that his brother hath left: and séeing that it maie not be doone by the law of God nor of nature, we answered all, that the pope can loose no man from that law, nor dis|pense with him. And as for that thing can not be contrarie to our sentence and verdict, that the brother in old time was compelled by the law of Deuterono|mie to marrie the brothers wife departed without is|sue. For this law was but a shadow and a figure of things to come, which vanished awaie as soone as e|uer the light and truth of the gospell appeared. And bi|cause these things be thus, we haue giuen our sen|tence after this forme aboue, and haue commanded the same to be signed by our notarie which is our se|cretarie, and to be fortified and authorised by the put|ting to of our authenticall seale of our vniuersitie a|foresaid, at Tholose the calends or first daie of Octo|ber, the yeare of our Lord 1530.