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A07116	A defence of priestes mariages stablysshed by the imperiall lawes of the realme of Englande, agaynst a ciuilian, namyng hym selfe Thomas Martin doctour of the ciuile lawes, goyng about to disproue the saide mariages, lawfull by the eternall worde of God, [and] by the hygh court of parliament, only forbydden by forayne lawes and canons of the Pope, coloured with the visour of the Churche. Whiche lawes [and] canons, were extynguyshed by the sayde parliament ...	Parker, Matthew, 1504-1575.; Morison, Richard, Sir, d. 1556, attributed name.; Ponet, John, 1516?-1556, attributed name.	1567 (1567)	STC 17519; ESTC S112350	311,635	404

¶ A DEFENCE of priestes mariages stablysshed by the imperiall lawes of the Realme of Englande agaynst a Ciuilian namyng hym selfe Thomas Martin doctour of the Ciuile lawes goyng about to disproue the saide mariages lawfull by the eternall worde of God by the hygh court of parliament only forbydden by forayne lawes and canons of the Pope coloured with the visour of the Churche Whiche lawes canons were extynguyshed by the sayde parliament and so abrogated by the conuocation in their Sinode by their subscriptions Herewith is expressed what moderations and dispensations haue ben vsed heretofore in the same cause other like the canons of the Churche standyng in full force Whereby is proued these constitutions to be but positiue lawes of man temporall Let Matrimonie be honorable in all persons But fornicatours and adulterers God shall iudge Hebre. xiij ¶ The contentes of this booke noted in the pagies of the same as in these titles folowyng 1 A moste humble supplication to the hygh and most myghtie princes the Kyng and Queenes excellent maiesties Fol. 1. 2 An humble suite to the ryght prudent and most honorable of their councell Fol. 2. facie 2. 3 A lowly request and obsecration to the reuerent fathers of the Churche Fol. 3. facie 2. 4 A tractation to the discrete iudgement of the worshipfull of the lower house of parliament and to the professours of the lawe Fol. 7. facie 2. c. 5 An admonition to the naturall subiectes of the Realme and certayne notes for their aduertisementes Fol. 8. facie 2. c. Fol. 9. facie 2. d. 6 An expostulation with certayne of the Clergie for lacke of charitable indifferencie Fol. 11. facie 2. 7 Generall considerations in the booke folowyng 8 That Saint Paules sentences for auoydyng of fornication let euery man haue his wyfe ▪ c. and yf they can not conteyne let them marry be generally spokē to al persons pag. 133. 136. c. 9 To seculer priestes and to votaries 140. b. 159. a. 10 And that continencie from mariage is a rare gyft 201. c. 204. a. 247. c. 251. 11 And that it is not lyke that the Apostles dyd enioyne the same to the Clergie seing they them selues and diuers other Bushoppes and priestes had wyues 32. b. 42. 156. d. 12 That it is only of mans constitutions for continencie to be annexed to orders 71. 72. 153. c. 13 And that seculer priestes votaries haue ben dispensed with to marrie 230. 14 And that our elders and the fathers of th● Churche haue thought it meete alwayes for lawes and canons to be restrayned remitted 41.85.175.179 c. 196. a. 197. b. 209. a. 210. d. 15 And that the same haue ben dispensed with in matters of greater importaūce then priestes mariages 204. a. 205. 267 a 16 And haue ben dispensed to kepe their wiues 222. a. 274. a. 17 That seculer priestes ordered in England be no votaries pag. 181. d. 181. c 184. a. 18 And myght marry after order as before 60.61.76.103.155 d. 253. d. 257.272 a 19 And that they haue ben before tyme maryed in the Realme Fol. 15. b i 20 And that it is no dishonour to the order nor burthen to the Realme for priestes to marry pag. 69. 70. 59. 21 That maryages of the Clergie made by force of the lawe of the Realme be good mariages ●69 238. b. 22 And that they lye not vpon the daunger of the canons to be impeached or dissolued 67.65.58.167.171 b. 200. d. 23 No more then the maryages of the laitie which were made in kyng Henry the .viii. his tyme by the act concernyng precontractes 170. d. 24 And that forayne positiue lawes with their paynes concernyng the same be abrogated not reuiued by the act of repeale 170. c. 25 That scripture ought to be iudge and is most certayne to be sticken vnto 73.74.98 b. 100. c. 245. b. 26 That D. Martin hath rigorously without all moderation expended the cause of these sayde parties iustly maryed by lawe 83.201 27 That D. Martin hath wrested misreported scriptures in the deprauyng of the sayde lawfull maryages 135. b. 147. a. 150 d 28 That D. Martin hath peruerted and falsified the scriptures stories councels aleaged by hym 53.54.105 b. 111. b 136. b. 144 a. 146 b. 148.155 a. 156 b 164.182 b. 221. b 238. d. 29 And doctours of the Church as Origen Ambrose 145. b. Austen 101. c. 104. a. 107. a. 150. b. Ierome 108. b Isodore 109. c Eusebius 144. Ignatius 118. c. Nicephorus 156. 106. a. 30 That D. Martin sclaundereth with euyll names aswel the matrimonie of the lay men as of priestes 66.82.163 a. 31 That D. Martin hath vsed to many lyes yf his cause were good insparsed in his booke part wherof be touched 43.44.45.50.51 52.53.54.55.56.107.115.136.145.151.157 c. 182. b. 216. c. ¶ A preface to the reader WHere by chaunce came into my handes of late a booke sent from beyonde the sea wherein was highly magnified a treatise written by one Thomas Martin doctour of the Ciuile lawe and there muche labour bestowed to disproue the lawfull matrimonies of Ecclesiasticall Ministers There came to my remembraunce a certayne wrytyng beyng in my custodie gathered together and written in the raigne of Kyng Philip Queene Marie wherin much of the treatise of this Ciuilian is reproued Which said booke was written by a learned man of that tyme who shortly after dyed meanyng yf God had lent hym longer lyfe to haue confuted more of the sandye groundes principles of the sayde Ciuilian And thynkyng it at these dayes not vnprofitable to be read for this controuersie I committed it to the Printer praying thee good reader to beare with the maner of the wrytyng in some partes therof beyng more meryly penned then some graue wryter would peraduēture alowe of In which fourme of wrytyng somewhat he foloweth as he sayth hym selfe thexample of Sir Thomas Moore knyght in his booke of Dialogues for purgatorie This wryter abstaynyng yet from vnchaste tales such as be in his 〈◊〉 booke ouermuch insparsed and partly being in aduersitie gaue himself to some solace to refreshe his minde with yet vsyng fewer insultations reprofes then the vnworthinesse of the said Ciuilian by his vnreasonable chalenge myght haue moued him to Now because I wold nether adde to another mans writing neither diminishe the same I haue presēted vnto thee good reader the whole booke as it is affirmyng this that thou shalt finde all his allegations truely aduouched by the writers that he doth name assuring thee also persuaded by the nature of the man whom I haue hearde wel reported that no malice or corrupt indignation moued hym to write as he doth but pure zeale to the trueth of Gods most holy worde to their instruction who woulde be taught in this trueth to the amendement of his aduersarie in his manifest vntruethes to the comfort of thē who loue God and his veritie and to admonishe all such as be eyther wylfully ignoraunt or malicious well to expende

to expende and to expound the lawes of the realme in suche preiudiciall maner as he doth I would faine knowe how he can glose that Acte of Parliamente made in the .xxxij. yere of that noble Kyng Henry the eighte whiche is not as yet repealed but confirmed a newe for some parte thereof concernyng the prohibitions of the Leuiticall Lawe and standeth in sure force at this very daie wherein is plainly expressed that no reseruation or prohibition Goddes Lawe except shall trouble or empeche any mariage without the saied Leuiticall degrees And that all suche bee lawfull persones to contracte whiche bee not prohibited by Gods lawe to marrie I thinke this man can not saye that priestes mariages bee within suche degrees Ergo thei ought not to be troubled or impeched as this Lawe commaundeth And where this doctor writeth in th ende of his .ix. Chapiter full learnedly bee ye suer R. ij specially for a greate maister of the Chauncerie that the two actes in Kyng Edwardes daies aucthorisyng priestes mariages doeth not take a waie the penalties of the Canon lawe whiche assertion for the like how far it may be extended let wise menne iudge But if thei did he saieth yet could not the priestes take any aduauntage by them longer then thei did continue And he addeth his reason because saith he the auncient lawes of the churche as sone as the saied two statutes were taken awaie came straight in force againe Further saieth he for that thei were neuer extinguished but only for a time shadowed and brought a slepe And this he saieth is the opinion of the chief Doctors of the Ciuill lawe Now Master Ciuilian if ye had alledged this opinion as of suche as be learned and beareth good hartes to their owne naturall lawe of the realme your saiyng had been better proued in my conceite And I doubt muche whether it bee true that ye saie that the beste Ciuilians agréeth with you I thinke if it were searched there might be found as good Ciuilians comparable with those whom ye note to bee the chief Doctors of the Ciuill that bee not in your iudgemente in this your gaye booke And whether ye haue any manne learned in the temporall lawe that will ioyne in this opinion with your chief doctors in the Ciuill Lawe I would yet wishe eu●n those though ye haue craftly trained them into suche opinion by the odiousnes of this cause of the poore priestes yet to aduise thē well for suche causes might arise to them selues in compasse of seuen yeares in the like cases that peraduenture thei would wishe not to haue it so vniuersally concluded as ye conclude it But sir yet let me aske you a question by the occasion offred of that Lawe of Kyng Henrie Anno. xxcij where it is determined in lawe wherof I thinke ye cannot shewe the like in this realme since Brute came first into England and ye knowe that it is a great wonder to your wit for thinges to come in law that fewe menne hath seen the like example before tymes I meane I saie for the nature of precontractes whiche by that statute bee vtterly voide if a second contract followeth and bee consummated with bodely knowledge Ye knowe that this acte for precontractes is repealed againe Anno secundo Edwardi sexti and restored to that force as once it was and so long before continued many hundreth yeres What do ye entend with such mariages as at this daie be a great meiny in Englande which began and were aduailable by force of that act seyng this act is now repealed Whether maie ye dissolue suche marriages and pronounce them nought seyng ye saie the ●orce of the olde Canons yea the force of a statute lawe too is in strength againe and debarryng euery man to vse that kinde of second contractyng for hereafter When ye haue well answered this one question I thinke suche as bée learned in the law could deuise more of suche kinde to set your gaie witte on worke And if ye list ye maie read that suche equitie was prouided for in the first yere of Kyng Edwarde the sixte in the .xj. Chapiter concernyng the peaceable enioiyng of mennes interestes geuen by acte before though afterward followeth a repeale by the Kynges letters patentes of the saied actes the parties might pleade the said actes repealed for there grauntes so enioyed by lawe I praie you cōsider whether these rules of the lawes folowing might not haue place in this cause where it is saied Factum legitimum retractari non debet licét casus postea eueniat quo nō potuit inchoari A facte that was once lawfull ought not to bee called into question againe although afterwardes there happen somethyng that myght hinder the beginnyng of it Et multa prohibentur fieri que facta tamen tenent Many thynges are prohibited to be doen whiche when thei once bée doone must yet stand Indultum a iure beneficium non est alicui auferendum A benefite graunted by law must be taken from no man If any cause might be reduced to the equitie of these lawes I thinke the cause of Matrimonie beyng Gods ordinaunce ought to bée indissoluble and not to be retracted Moreouer if these mariages aforesaied ought not to bee dissolued but muste enioye the benefite of that statute when it so stode though it be repealed for hereafterward why should that act of repeale made in the first yere of our soueraigne Ladie the Quéenes maiestie Quéene Marie takyng a waye only but the libertie for Priestes to marrie for hereafter impeache or hinder those lawfull mariages of priestes before aucthorised by as good lawe and as often tymes before these daies seen more then king Edwardes repeale cā or ought molest these mariages for their maner of contractyng Furthermore if vpon repeale of actes as ye do saie your slepyng Canons should therby be straight waie in force watching and wakyng to shewe their face to byte and barke as the ordinaries in some places would haue them I doubt whether al the Quéenes highnes subiectes should haue so quiet reste in their beddes as thei would wishe and as their forefathers before tyme prouided for them selues by kepyng this slepyng tye dogge in his kenell not to come to farre a broode for bityng And because this Ciuilian deliteth to skoure his wit in lawest I desire his resolution in one doubt rising by occasion of his forsaied determination whiche is that all Ecclesiasticall persons lieth open to the old Canons of the Churche by reason of this acte of repeale Kyng Edwarde in his first yere made a statute repealyng all maner actes before his tyme made for punishement of Heresies as well the acte of King Richarde the seconde made in his first yere the act of Henrie the .v. made in his second yere the actes of Kyng Henrie the eight made in his xxv yere the act of .vj. articles made in the .xxxj. yere one other act made in the .xxxv. yere concernyng qualification of the

and saied that to make suche a Lawe was nothing els but to diuide Christes churche to destroie Christian religion and that it was againste all Gods forbode and though Pope Martyn the v. of that name wrote sharper letters to Henry the .vi. to haue it reuoked yet the kinges and the nobles aforsaied would none of it thei would stande to their Lawes whiche thei made in their policy how cōtrary soeuer Rome lawes were against them or how faine soeuer the Bushops of Rome would haue had their eyes still bent vpon vs as my Lorde of Winchester writeth in that their vniuersall carefulnesse of Prouiso Well looke vpon kyng Henry the eightes Acte in his .xxv. yere and fourtene Chapiter for the preamble and then smell if ye can what this Ciuilian meaneth by this gaie inuention of his to saie that vpon a Statute of Repeale the Canons succeadeth by and by in full force and strength And here I muche maruell that one thyng skapeth not onely this farcastyng Ciuilian but all his chief doctors of the Ciuill Lawe to For if this deuice be so greate a warraunte as he maketh it to the Commissaries in the maried Priestes case how chaunceth it that because kyng Edwardes statute before rehearsed of his firste yere repealed al his progenitours Actes for punishemente of heresies thei doe not tell the Spirituall Lordes others of the Conuocation whiche would so faine haue newe mens heades vnder their old girdels by the Act whiche was so muche labored for for heretikes at this laste Parliamente that seyng now all the old statutes bee put awaie for this matter of heresie and the realme hath no Lawe in strengthe and necessary it were as true it is that heresie should be brideled that therevpon tombleth me in all the whole rablement of the Churche Canons and Lawes by heapes with all their force and paines And therefore this Ciuilian might bidde the Ordinaries and all their Commissaries how sore and extreme soeuer thei listed to bee bee of good chere and dispaire not to want their willes for if thei looke well about them thei haue now by the benefite of kyng Edwardes statute and in this respect he might be called good king Edward or king Edward the sainct more in their handes then euer thei had these CC. yeres Now how this wittie deuice would be receiued and where it would be most thankefully taken or whether it would turne to the wealth of the realme Let other men expende and make answere to this Ciuilian and to other of his cheif doctors whether there were any misterie of mischief in it or no. I thinke that as in all Kynges dayes sence the conquest the wise and learned menne of the realme from tyme to tyme hath alwaie moderated the Canons lawes of the vniuersall church as small a mēber of the same as the Romanistes of these daies in contemptuous comparison would make their owne naturall countrée to the aduauncement of a counterfette and vnnaturall congregation at Rome whiche Churche thei full aptly call the temple of God and toke Canons but as rules of consente and refused them againe as fréely by consent and extinguished them and their paynes with them And yet were no princes of infidelitie as ye make a faier insinuation therof in your v. Chapiter I. iiij and euer preferred the Imperiall Lawes of the state of the realme for their surest inheritances as the Quéenes highnes at this daie doeth euen the same with good deliberation And yet the Queenes grace and her Nobles nor her graces progenitours nor their olde auncitours neither not counted the lesse catholike to God and to the true churche of Christ for suche bridelyng in of these sléepyng and dreamyng Canons of whiche progenitours saieth my Lorde of Winchester some of them bee saintes in heauen and be so honoured and reputed at these daies So I thinke the wise and learned menne at the makyng of the saied act of Kyng Edwarde in his first yere ment not that wher thei deuised it specially to resist extremities of lawes thei should imprudently or wittyngly bryng in tenne tymes more extremities then euer thei were vnder before that act was made When wise menne by the occasion of suche cases haue pondered by them selues what signes and profers bee made by this Ciuilian by the case of Priestes mariages whiche though the Deuill and all his members laboreth by all meanes to foile yet standyng as thei do vpon the rocke of Gods lawes specially for seperation and that separation beyng against the iudgement of the beste and eldest writers in Christes Churche standyng the aucthoritée of the kynges Imperiall croune and so many lawes knitte and combined in suche validitée as thei be made I doubt not but some man at length will saie Quòd non est talis casus in tota lege quod est valdè difficilis That there is not suche a case in all the lawe and that it is very harde as easelye as this lawier passeth it ouer And then againe rauyng in this one case of poore Priestes mariages whom to ouercome in their priuate case is no great maistery nor no great care taken although yet priestes to suffer violence of priestes will in th end litle aduaunce the whole Clergie I saie what myre maie be raked vp to make a shrewed perfume to their owne nooses in their owne cases and states I lette other menne consider It was wonte to be saied Qui vni iniuriam facit omnibus facit He that dothe wrong to one in effect doth wrong to all But what forceth this Ciuilian what lawes soeuer be against hym so thei bée no better then statute lawes of this poore outcaste Isle and perticuler Churche of England And whatsoeuer be iudged of hym so he may haue the victorie in this cause what care taketh he either what miserie and mischeife cometh to the priestes whō he hateth so spitefully or what inconueniencies maye ensue to the whoole realme by suche barbarousnes as is induced for want of ministers or what inconueniencies of vnspeakeable whoredomes and filthines pretily in some places alreadie begunne and practised by reason of suche forced separations wil folowe so he maie haue his purpose of this noble conquest For if the glorie of victorie were not so vnreasonably sought for in his glorious booke and if he were not beyond al measure incensed with malice against them as he appeareth or if he were not the man that belike hath so highlye aduaunced hymself in his own conceite that he thinketh no man dare or will dissent from hym or els haue set his forehead impudently so headstrong against all menne that he careth not who loketh in his face He could neuer be so farre past shame as he is so openly in so many places of his booke to lye in aduouchyng such aucthorities as he doth in the perticulers of his probations I maruell before God that he is not a shamed so boldly and irreuerently to vtter his lyes to the Queenes highnes

maner of fastynges but mere hypocrisie yea worse then hypocrisie in such circumstaunces as ye haue many a daie vsed them dare pronoūce with Chrisostome inueiyng against the iewes fastyng that your fastinges be worse then very dronkennesse Thei call your filthie fained chastitie a bandie Sodomiticall carelesse liuing As the practise declareth to manifest to stande in to proue Thei call al suche as haue not the gifte by their yerely experience séeth the impossibilitée not frō chastitée but from filthines of brutishe buggery and boyly bestlynesse to mariage chastitée Ye neuer red or hard of any suche writers suche as ye would slaunder to the worlde I saie of the knowen and comonly approued writers out of Germanie But that dothe excite the readers in their bookes to Godly and oft prayour to pure abstinence from all excesses and to a christian mortification of all their vices and affections to continencie and soole liuyng if God will so haue them to serue hym in that state And if God by the experience of them selues vnfainedly calleth them to wedlocke as to a remedie of their infirmitie or a domesticall comfort in their hospitalitée thei counsel with all the doctours of the Churche to take the surest waie to saue their soules Although the saied old authors were the most part of them very vntreatable to remitte that discipline but when very necessitee moued conscience to remitte the rigour of their saied Canons In dede the old fathers and their Clergie had a greate oportunitie by the maner of their liuyng to bée further from daunger of temptatiōs to haue the more professors and kepers of their chastitée then the state of this world wil suffer Yea suche a Clergie as ye will frame here in the realme and for all their diligent discipline and calling on yet how oft do thei complaine of the nombers of them whiche liued to the slaunder of the rest In deede it can not be denied that thei had great zeale to liue in virginitee and soole life when the fathers in Nicene Counsaill and some other councels after that decreed that all suche as should geld naturally themselues should not be receiued into the Clergie Belike Paphnutius was moued in conscience vpon the knowledge he had of them that came single to the state of order whom the old traditions of the Churche charged so to liue not to agree to suche lawe where thei would haue constituted that married priestes should absteine from their wiues and so to ieopard a greater nomber in this fier of temptation he was contēt to saue yet some parte of the house from daunger of the fier though he could not saue the whoole Affirmyng that it was inough that thei whiche receiued orders before thei maried accordyng to the old traditions of the Churche should from thenceforth abstaine from mariage I doe not saie that his mynde was to moue the whole Clergie to mariage but counsailyng then all and singularly to soole life as more free to serue God in that vocation But yet not of suche straite mynde to prescribe Lawes of necessitie to force them to tarrie euen still will thei nill thei But left them to the rule of their owne conscience For what other thing was ment master Martine in the first decree either of Lucius if it be his or Siricius or vrban the second but to leaue that liberty yet to suche as was of the Clergie if thei would not or could not conteine to suffer them to liue in their Matrimony afterwarde taken if thei would not relinquishe their Ecclesiastical degrées And what ment the third Canon of the thirde Councell at Carthage the .v. Canon of the Councell at Tollet or the sixt Counsaile holden there when sainct Augustine was presente Or the thrée and thirtée Canon of the Councell called Elibertinū about Pope Siluesters daies Or the Councell holden in Grece before Siluesters daies called cōcilium Ancyranum with many other more where thei decreed that such as beyng subdeacons deacōs or Priestes that would chose to marry should not enioye their Ecclesiasticall liuynges But I doe not as yet reade that in all of those Counsailles thei were compelled from Matrimonie whether thei would or no or that thei were seperated from their wiues after thei were so depriued or their Matrimony called adulteries As of that Councell wherat sainct Augustine was present I thinke I dare boldly saie thei were not seing his iudgement is in his woorkes to the contrarie As for the sixt Councell holden at Constantinople permitted bothe wiues and liuinges too And in other Councelles their wiues and liuynges so thei would but in tyme of their ministration abstaine from their wiues But to contend with hym in suche causes of Councels Canons and Stories whiche he contorteth by all shift of wit to make them to plie to his gostly purpose were a long businesse But maruaile not gentle reader though he take so muche vpon hym in suche infinite and intricate Churche Lawes wherein he thinketh to leade thee in a mase as not readie for euery man to see and expend for thou maiest see his impudent boldnesse otherwhere For if ye note hym well ye maie finde hym hackyng at the Lawes of the Realme clippyng the Queenes coyne the best that her grace hath nexte to the worde of God for defence of her Princely estate the Actes of Parliamente I meane because he would be ready in seruice to her highnesse to the beste of his wit and power Note howe he trauerseth and wreasteth with his gloses an Acte of the very firste Parliament that her grace hath here caused to bee had since her raigne and coronation not so long since that it can so sone bee out of remembraunce nor the Actes so harde to come by but that all the worlde maie expende them I meane how he forceth and draweth the Acte of repeale in the cause of Priestes mariages not onely to importe to take awaie the libertee that was therein graunted for suche Priestes as vsed not the benefite thereof as at that tyme of whiche nūber though there wer a great sort more hasting a good pase thervnto and were half agréed as thei saie by wordes of the present time and present sute to yet be now many of them as hot against the state in open pretense as can be but also to inferre a plaine dissolution and reuocation of suche Mariages as were aucthorised by the saied Actes before Wherin the very originall of the Acte is plainly expressed in open wordes that the said Kyng Edwardes actes be repealed but for hereafter as other more in the said acte Is not he thinke you a trustie gloser to be so bolde in gloses not onely in his owne Lawes but thus to glose the Lawes of the Realme so lately made cleane otherwise then as wise men as he in the Realme doe construe them and by the practise of diuerse other thynges of like nature and condition in the like case appeareth Seyng this writer aduaunceth hym self so highly

the Sacrament of order So that Master Doctor Martin may plainly perceiue that he hath the most parte of the Busshops in England and of greatest learnyng and aucthoritee against hym And that their assertions and confessions ouerthrowe all his strong buyldynges of Lawes and Canons though there were no more learnyng to alledge in the cause Where it is alledged that the Churche hath constituted that order should haue chastitée annexed it may bée answered that is but only of mannes constitution of the churche tradition as al writers bothe Deuines and Canonistes do cōfesse the same And where I might alledge bothe Thomas Albertus Stotus Orbellensis Bonauenture Durande Abbas Panormitanus Petrus d● Palude Astexanus Prepositus Gratian and the comon gloser yet for them all I shall report one whiche was bothe learned in diuinitée and law Cardinalis Caietanus whose wordes be these Nec ratione nec authoritate probatur ꝙ absolute loquendo Sacerdos peccet contrahendo matrimonium Nec ordo in quantū ordo nec ordo in quātum sacer est impeditiuus matrimonij ꝙ Sacerdotium non dirimit matrimonium cōtractum siue ante siue post seclusis omnibus legibus Ecclesiasticis stando tantum in hijs quae a Christo ab Apostolis habemus It can not bee proued neither by reason or auctoritée that to speake precisely a prieste should offende in contractyng matrimonye For neither order in that it is order nor order in that it is holy is any lette to Matrimonie and that priesthode doeth not dissolue Matrimonye contracted either before or after settyng a parte all Ecclesiasticall Lawes standing onely to that whiche we haue of Christ and his Apostles If then by the doctrine of the Clergie of England the kynkes aucthoritée maie do as muche in positiue Lawes as euer the Busshoppe of Rome was able to doe And it is the consent of all diuines and Canonistes vniuersally holden that the Busshop of Rome hath full aucthoritée to make and to vnmake to dispense in all Churche Lawes of what name and nature soeuer thei be yea vniuersally with al maner lawes except the Articles of our faieth which yet he may interprete why shall not then the kyng with consent of his Parliament be thought to haue done rightfully in the late dispensing with that positiue lawe whiche was onely thought to bee againste priestes If as sainct Paule saieth Christe by abrogatyng the commaundement Ephe. 2. Coll. 2. whiche was conteined in the lawes of the decrees written hath put out the hand writyng that was against vs and so discharged vs of all maner condempnation vnder whiche we were holden thereby why in lyke maner maie it not be saied that priestes be discharged of all maner condempnation bothe of depriuation and diuorsyng seiyng that all Lawes were by the kynges iust aucthoritée abrogated whiche conteined any maner condempnation For what other thyng do restreine priestes from that libertée that God hath graunted frelye to all menne but either Lawe or els vowe and promise made by them selues If it be lawe then seyng it is but mannes Lawe mannes Lawe againe hath taken it a waie and therefore on that side there is no daunger And as for vowe and promise there was none passed by Secular Englishe Priestes nor none required at their orderyng And though there were yet writeth Alfonsus plainely Philippica .xix. that yet after their promise this libertée of the Apostle is still wholy remainyng to them sc propter fornicationem vitandam vnusquisque vxorem suam habeat c. For auoydyng of fornication lette euery manne haue his wife c. And moreouer saieth that he can not see how any manne can depriue hymself of this libertée vnlesse therewith he depriue hymself also of eternall saluation And affirmeth further that when the libertée of any lawe of restraint is graunted by aucthoritée his conscience maie bee in suertée to whom suche concession is graunted And as concerning the case of votaries how strong so euer the bonde of a vowe is yet it followeth the nature of an oth For thei bothe walke after one sort votum iuramentum pari passu ambulant saieth the Lawiers and an othe maie not bee a bonde of wickednesse Furthermore how muche offence so euer the votaries doe runne in before God or the worlde to breake their well aduised vowes constituted by man yet after mariage bée so attempted by them it maie not bee dissolued Seyng mariage is of Gods ordinaunce the vowe but of mannes constitution Dist. 27. Diaconus For it is written in the Decrées by Gratiā Si diaconus a ministerio cessare voluerit contracto matrimonio licitè potest vti Nam si in ordinatione sua castitatis votum obtulerit tamen tanta est vis in sacramento coniugij ꝙ nec ex violatione voti potest dissolui ipsum cōiugium If the deacon will cease from his ministerie he maie lawfully vse matrimonie contracted For although whē he was ordered he offered vp the vowe of chastitée yet there is so greate strength in the Sacramente of Wedlocke that the self same mariage maie not bee dissolued no not after the breache o● the vowe Whiche was also further affirmed by Gratian grounded vpon sainct Augustines aucthoritée Cum quispiam post votum castitatis ducit vxorem iuramento firmans nunquam ab ea discessurum quod quamuis illicitum sit quià iustitia sibi probatur deesse tamen authoritate Augustini seruari precipitur 22. q. 4. ●unocens When any manne after the vowe of Chastitee marieth a wife bindyng it faste with his othe that he will neuer departe from her whiche although it bée vnlawfull for as muche as it is euident that righteousnes and iustice wanted in the acte yet neuerthelesse by the aucthoritée of sainct Augustine it is cōmaunded to be conserued still And there Gratian proueth that this thyng standeth vpon the strength of the othe where he saieth other mennes opinions bee that it is by the prerogatiue of Matrimonie And whether Gratian mente that aucthoritée of sainct Augustine De bono viduitatis or whether that whiche he reporteth in the Lawe in these wordes to be sainct Augustine Dist. 17. quidam Let the reader iudge Quidam nubentes post votum asserunt adulteros esse Ego autem dico quòd grauiter peccant qui tales diuidunt Some affirme saith he that suche as doe marri● after their vowe bee adulterers but I saie that theé offende greuously whiche doe separate suche Whiche forme of wordes in suche as●eueration maie sone make vs vnderstande how earnestly sainct Augustine was in this opinion And lest it should be taken that sainct Augustine did write this his sentēce vpon sodaine consideration he expresseth the same againe vpon the .lxxv. Psalme Quae autem respexit ad nuptias non quia voluit nubere dānatur sed quia iam ante recesserat fit vxor Loth respiciendo retrorsum She that hath looked backe to mariage is not dampned because she

where he a freshe renewed the old prohibitions and decrees agaynst priestes concubines Roger Houenden Geruasius anno 1174. Chro. Ierouallensis who yet of his fatherly pitie dyd consecrate one Galfride Ridel archdeacon of Canterburie to be bishop of Elye who was the thirde in order of the first erection as the catologes of the bishoppes of Elye doth recorde Which sayde Galfride shoulde haue gone to Rome with the sayde Richard elect of Canterburie and with Reginald elect of Bathe for the confirmation of their elections Whereas Alexander then pope dyd much blame the absence of the others elect bishops of Englande vidz elect of Winchester Herforde Chichester and of Elye Whiche pope dyd more earnestly aske why the elect of Elye came not with them The bishop of Orleans aunswered Forsooth sayde he Habet excusationem Euangelicam He hath the excuse of the Gospell What is that saith the pope Sir saith he he hath maryed a wyfe and therfore can not come And though there was then much altercation brought before the pope and cardinalles yet the pope dyd foorthwith consecrate the elect of Canterburie And he after he was returned home to Englande dyd consecrate the said Richarde anno 1174. pridie nonas Octob. anno regni Hen. 2 xxi who lyued bishop there vntyll he dyed though he ended his lyfe at Winchester intestate anno 1189. the firste yere of kyng Richarde In which sayde catologe is also recorded that the sayde Richarde before his election dyd openly purge his innocentie by oth that he procured not the death of Thomas Becket neither by worde nor deede nor wrytyng which was also required of Roger archbishop of Yorke and of Gilbert bishop of London and so in the Assention day in his owne churche he was intronizate whereto he gaue very great giftes saith the storie Thus hytherto this holsome decree of Anselme belyke howesoeuer saith the storie it had fauour of some at the first and what earnestie soeuer he shewed therin was not kept nor yet receaued vniuersally seyng that this Richarde wyttyngly dyd consecrate the sayde Galfride hauyng a wyfe and so aduouched before the popes holynes and the whole consistorie of cardinalles In this Richarde his dayes was a synode holden by hym and some of his brethren at Wodstocke anno 1175. Hen. 2.21 to chose a bishop for the bishopricke of Norwich and for chosyng of abbottes whiche were many vacant Amongst which their election they dyd elect Galfride the kynges sonne to the bishopricke of Lyncolne after that it was voyde xvij yeres almost by reason of the morgagyng therof into the kynges handes But king Henrie his father would not haue hym then consecrated for that he was within yeres and knewe not whether he was necessarie to the gouernement of suche a dignitie VVil. Neu. lib. 2. cap. 22. and therfore the kyng sent hym to Towres to haue some exercise in the scholes there vntyll he was thought worthy that he might take the dignitie of such honor Though yet his sonne aunswered not his expectation and thervpon for his vnworthynesse compelled hym to resigne it agayne Nubrigen lib. 4. cap. 2. whom notwithstandyng kyng Stephen his brother next succeedyng hym preferred to the archbishopricke of Yorke See here this good kynges zeale whiche he had in the election of a bishop Belyke it may appeare that the kyng had more regard then all the bishoppes had besides Which acte is worthy to be had in remembraunce to shewe to all princes to cleargie men and noble men specially patrones of benefices to haue a conscience with them in preferring men to such heauenly chargeable and worthy office of the cure of mans soule And in the dayes of this bishop the kyng was counsayled to build an Abbey to the honor of God and S. Thomas of Canterburie Rog. Houeden anno 1177. Rex Hen. 2 23. for the remission of his sinnes as the storie saith And so was the churche of seculer prebendaries in Waltham turned out they expulsed for their wyues belyke and reguler chanons brought in That is vi chanons from the abbey of Circester and vi of Osney and iiij of S. Oses and of some of them made officers and replenyshed the house with chanons about the number of an hundred or fourscore at the least besydes their externe officers of the house Thus was religion the decaye of seculer learned men a cause of their expulsions so much had they blynded the eyes of princes at that tyme to multiplie dumbe munckes and to hynder preachyng prebendaries VValter Couentriensis Neuerthelesse the kyng gaue to the Deane in recompence a manour of his duryng his lyfe and gaue the prebendaries accordyng to the value of their prebendes and suche prebendaries as woulde not receaue such recompence that they shoulde holde their prebendes duryng their lyues at the discretion and estimation yet of archbishop Richard who was present with other bishops as were also the deane and the prebendaries when the kyng in his owne person put the reguler chanons in possession In deede the Romishe sleyght wrought in this kynges facte Fabian ann Henr. 2.28 for such alteryng the house of Waltham abbey is to be considered the grounde wherof was as it is tolde by storie that the kyng had vowed and sworne before two cardinalles to go in his owne proper person to warre agaynst Christes enemies in the holy lande they so deuising to bereue the realme of their prince and to ieoperde his person to the reuenge of Thomas Beckets death whiche was layde to his charge But the wyle was perceaued and he promised for dispensation of his oth to buylde three Abbeys in Englande Which sleyghtie iniunction of the cardinalles the kyng was councelled as prudently to fulfyll For he turned as is sayde the seculer chanons of Waltham into reguler chanons for one foundation and for buyldyng of the seconde Abbey he turned the Munkes out of the Abbey of Almesbury and set in their steede Nunnes and for the thirde foundation he renewed sparyngly the charterhouse of Witham besides Salisburie and thus perfourmed the condition of his dispensation of buyldyng of three Abbeys But thus was not the Romyshe quarrell quieted towardes the kyng For the pope Lucius the thirde was well contented when one Heracleus patriarch of Ierusalem came into the Realme to moue hym to trauayle agaynst the Sarasens and was very instant vppon hym to take that iorney puttyng hym in mynde of the oth that he once made before the two cardinalles aforesayde But the kyng perceauyng the craftie dryft aunswered that he would liberally bestowe of his owne to the charge of such vyage but he myght not depart from his owne lande and leaue it as a pray to the aduersarie This aunswere the Patriarch toke very displeasauntly and angerly The kyng yet somewhat to pacifie hym accompanyed hym vnto the sea syde but the more the kyng laboured to satisfie hym the more was the Patriarch offended speaking spytefull wordes agaynst the kyng