to be made vpon the premisses or suche as perteyne vnto thē excepte he amende this faute ought to be putte to due penance and condingly punysshed with recourse if nede shall be to other helpes of the lawes THE DIVINE Trewely if this be thus as here you haue well induced as semeth me hit can nat be auoyded but that the Pope oughte to conforme hym selfe to the canons and decrees of counsels and not to dispence agaynst them and so moche the lesse he may dispēce with the law of god THE LAVYER. That can no wyse be denyed For betwene goddes lawe mans sayth Innocence of whom we spake before amonge other lawiers there is so great a difference No dispensation agaynst the lawe of god that against the lawe of god may neuer be dispensed about mannes lawes may be had dispensation sometyme as necessite and vtilite shall require THE DIVINE Well sayde But ye lawiers many times speke so erenestly for bothe partes and alledge your glosees so thycke that men vnlerned in that facultie can not telle whome to truste And welle I wotte that in this poynt some lawyers say nay For if they agreed all the matter shulde haue ben or this tyme done THE LAVYERE Truely this as ye say chaunceth ofte tymes amonge vs lawyers in dede But not in that we be lawyers but in that we be men fascioninge our knowlege and opinion in lawe as it may serue best for our purpose And he is called but a slendre aduocate or proctour in lawe that of one lawe texte or other can nat shape argumentes fytte for his clyentes part Herein is no defaut in the lawe but in the abusers of the lawe THE DIVINE Marye of them that vse them selfe thus scripture sayeth in dede Lacerata est lex et non peruenit ad finem iudicium Habacuc 1. a. The lawe is lacerate and fynal iudgement can nat be had laufully So that this sayeng whiche foloweth also be it neuer so generall of it selfe may well most specially be applyed to them to Ois homo mēdax spal C.xv. Euery man is full of lyenge But howe shall I trust you than that you speake lawe to me in this great cause rather than them that speake on the other syde THE LAVYERE The authorite of generall councels and the very popes owne confessions suffiseth to that Very naturall reason also shall confirme that my sayenge to be trewe For it is true that lyke as euery priuate persone in his case hath dayly his doubt decyded by the iudges of his countrey Apte comparison and in the cōmon lawe of the realme the matter is tryed by the iury of that countrey and in the popes lawe no man shall be called two dayes iourney out of his countrey euen so haue princes in tymes paste accordinge thervnto obteyned sentences in lyke case And if you wyll take the peyne to loke ouer and fully to considre the generall counsels whiche I tofore rehersed vnto you ye shal than finde that not onely it myght but also that it ought so to be And reason as I haue shewed is herevnto conformable that the cause shulde rather be harde and discussed where it may be knowen playnly euery poynt duely enserched examined than where all parties be ignorant in the matter as at Rome THE DIVINE Why than doeth the poope wrēge to enterprise to knowe af the matter at Rome THE LAVYERE So saye the generall counsels so doth diuers holy popes confesse so sayth the vniuersite of Parise so saythe the vniuersite of Orleance so saith a great nombre of clerkes in Italy so saith all that be not ledde by affection to saye on the other syde THE DIVI You shewe so many counsels popes assentes great authorities also so playne definitions of so noble vniuersites which affirme your sayeng that no man can but thinke it true that ye say Wherin certes as me thinketh the authoritie of the general coūsels and popes owne sayenges gyueth suche faith to the cause that it is vnreasonable to be denied specially considerynge and weyenge that also the vniuersities say and expresse the same Whiche of lykelyhode wolde not distayne their honour and reputacion in the worlde with theyr great blame rebuke iuste damnacion of god and the world ī swaruing fro the truth I thinke therfore surely that you say true and I meruayle moche that the pope agreeth not to that truthe THE LAVY As to that I can not say For it were an yll birde that wold defile his owne nest But neuerthelesse we se here a truth affirmed by many general counsels by many popes by many other authors and also by noble vniuersites by so many gret lerned men the same is neuer the more folowed but the contrarye therof executed right nat withstāding against our prince souerayne lorde Whiche pitieth myne hart al true subiectes I thinke within his realme Nat doutynge with goddes grace but that nother he nor we wyll suffre so preiudicial an iniurie to be inferred to this realme and so pernicious an exāple for all christendome THE DIVI That is surely so Wherfore I dout not god assistinge vs but that this his realme wyl rather sticke with hym in this his manifeste right accordynge to their duetie Our duetie and obediēce we owe to our prince than put their neckes vnder the yoke of the pope or his at pleasure lawes For god cōmandeth obediēce to the prince so doth he not to the iniuries of the pope In what the poope is not to be obeyed but willeth vs rather to withstāde them as by diuers textes and holy mens examples it shal here after appere God sayth saint Bernarde cōmandeth vs to do that is good Bernardus to leue that is yl Now if that man whom he hath gyuen p̄eminence to sette him aboue vs wolde thinke to the contrarie cause vs other to leaue that is good or to cleue to that is yll forbidden of god there his commandement is boldly to be refused For it is farre out of ordre to breke thyn obediēce thou owest to god for thyn obedience towarde man Wherfore saith saint Augustine August If he that is in power aboue the as to whom thou owest thyn obedience commande the to do any thynge that thou oughtest nat to do there contemne and refuse his power If he byd the do one thynge and god an other obeye god contempnynge hym If that man byddeth god forbydde shall I sayeth saynt Bernarde here man and nat here and obeye god Bernardus Therfore as sayeth holy Basile if we be bidde of any man to do that is contrarye to the commaundementes of Christe Basilius ma. there is hye tyme for vs to say we be bounde more to obeye god thanne men I boldely do affyrme sayethe blessed Symon de Cassia that the vicare of Christe is nat exempte from the preceptes of the lawe of god Simon de Cassia nother can exempt any
For the cause why I speke it is for the great weightye cause of christendome concernynge the kynges seperation fro the quene It is tossed and tourned ouer the hye mountaynes laboured and vexed at Rome from iudge to iudge The dangerous and vnmete handelynge of our soueraygnie rightful cause without certayne ende or effecte beinge very perillous for his hyghnesse and moche more daungerous if god helpe not for vs his poore and louinge subiectes Whiche if it had ben ordeined in the right and due cours that is to saye within the realme and so by the metropolitane examined and discussed That the cause ought to be ordred within this realme as lawe reason wolde it shulde haue ben there had ensued in this ryght way or this tyme an honorable ende and purpose to the great welthe of this realme and quietnes of christendome The lettars wherof what so euer they be me thinketh ought to be detested of al good englysshe people and subiectes THE DIVINE One of the chiefe lettars is and hathe be the lawyers opinion whiche wolde attribute to the pope the heed of theyr lawe al maner of power Howe some lawyers to moche attrybute vnto the pope wherby beinge well descante as they can well ynoughe at lengthe shall be no lawe but onely his wyll For and if he myght dispence with goddes lawe and all other and ordren them as he wyll as lawyers say that he may than what foly were it to obserue goddis lawe or any other but only inuestigate and serche to knowe the popes wyll in euery thynge and that to folowe accordyngly whiche ones atteyned were the lawyers hoole glory For who shulde be sette by thanne but onely lawyers bycause they extolle his authorytie so hye THE LAVYERE you enserch and folowe the frenche prouerbe to moche THE DIVINE Whiche is that THE LAVYER. Who sercheth fyndeth Qui serche troue For surely if without affection we shulde speke we lawyeres attribute to moche authoritie both to our maister to our selfes also THE DIVINE I haue harde verely fewe of your secte so plainely confesse the truthe Neuerthelesse it is to my great comforte to remēbre that it is my fortune to mete with so syncere a man beinge as I trust so entierly my frende whiche is dedicate to truthe and not to professyon THE LAVYER. I wotte what I shulde do but I wotte nere what frailtie wyll lette me do THE DIVINE If wyll be purely good the olde prouerbe shall folowe Nihil difficile uolenti God wyll ayde the wel willer alway THE LAVYER. That beinge true and bycause you haue some thynge touched vs lawyers you gyue me boldnesse farthermore to commune with you and aske of you if dyuines be nat partly to blame as well as we that this great cause goeth no better forwarde THE DIVINE All I can nat excuse For some of vs be as heedy as you The truthe of god with out worldly respectes to be regarded and yet our lernynge leadeth vs nat to it as youres dothe you For we shulde onely regarde the maker of all lawes and the mere truthe and nat vanities of this worlde nor eke affections THE LAVYER. Ye saye wel frende That wolde to our lorde the lerned men of the worlde moste specially of this realme wolde folowe this lesson and vse it in dede For as I perceyue here some of them folowe more affections and respectes than goddes worde onely and truthe THE DIVINE Who taught you I praye you to hytte so truely the nayle on the heed I thynke in dede that if worldlynesse were nat loked for there wolde mo agree to the truthe than hytherto hath though there be a meruaylous great nombre that hath agreed ther to al redy in dede THE LAVYERE That worldly respectes maye happe to fayle them that trusteth therto where be they than Me thinketh farthermore a great foly in them to auenture vpon so sklendre a groūde both soule and body THE DIVINE Truthe ye say wher of is great pitie that lerned men specially regarde not more the worlde to come than the worlde present and that they vnite not them selfe in opinion Great pitie that all lerned men be nat of one opiniō in this one truthe Whiche thing sheweth a great lacke of grace and an ouermoche addiction to pryuate appetites mixed with to moche heedynesse and obstinacy And yet there is but one truth in this matter THE LAVYER. I meruayle than why many thus call this matter disputable seinge that there is but one truthe therein and why that truthe is not imbraced and opēly shewed by all lerned men THE DIVINE As to the fyrst though some call it so I se no reason why they shulde saye so That this cause is nat disputable as a thing of doubte excepte they wolde say that nothing is taken for truthe in this worlde For I do esteme that there be fewe articles of our faythe the whiche be approued by mo autenticke authorities mo prouable ye inuincible reasons by moo laudable customes and vsages than this cause is on the kinges syde And syns it is so me thynketh hit is nat disputable as a doubte in lawe As to the seconde I feare me that lacke of executynge in dede of that whiche we professe by mouthe is a great lacke there vnto For our lyues and religyon be many tymes farre a sondre I praye our lorde amende hit whanne hit shall be his pleasure But as to the fyrste bycause I thynke hit nat disputable I shall declare you somme reasons whiche do perswade me to thynke so THE LAVYER. Mary I pray you lette vs here mo For one I haue herde al redy whiche me thynketh very vehement If the remenant folowe I shall for my parte be meruailously satisfyed THE DIVINE Fyrste it is to vnderstande that accordynge to the sayenge of the prophet Dauyd Verbum dn̄i manet in aeternū Spal The worde of our lorde god is mooste sure and euer abydeth Syns that so is infallible it must nedes folowe that it whiche he vtterly forbyddeth in the negatiue may no wyse be attempted Nullus acci piat uxorem fratris sui et nō licet tibi habere uxo rem fratris Thanne in this case that is to saye A man ought nat to mary his brothers wyfe It is in the Negatyue forbodden in the Leuityke bothe .xviij. and .xx. chapitres And therfore in no wyse hit is to be attempted specially with vs that be chrysten people A mā to mary his brothers wyfe is forbidden bi the lawes of god THE LAVYERE I thynke this hardde to be assoyled neuerthe lesse the lawe Deuteronomyke semeth to assoyle the same THE DIVINE Nay surely if hit be well vnderstande For in the begynnynge that lawe semeth to propoune and lymytte certayne poyntes and circumstaunces without the whiche that lawe ware no lawe as playnely by the texte hit selfe it dothe manifestly appere Playne circumstāces profes that the litteral sence
shall occurre to my mynde Yet one thinge I muste knowe youre wyll in ere that I procede any farther THE LAVYERE What is that I beseche you THE DIVINE Mary syre this is hit whether you wyll that I shulde shewe you whatte the olde auncient doctours do saye or what the modernes whiche somewhat flattereth the popes authoritie sayeth other elles declare you myne opinion taken out of bothe whiche I truste shall nat be farre frome truthe THE LAVYERE The auncient doctours and many also of the modernes opinion hathe benne declared herin in many other bokes and warkes of whiche I haue sene some bothe of laten and englysshe But is there say you difference emongest other of their opinions THE DIVINE Ye forsothe for some of the modernes smake to moche of your lawe in wrestyng of scripture for auauncement of dignite whiche the olde fathers do clene forbydde and contempne and lykewise also dyuers other modernes Wherby you may well perceiue that there is some alteration emoÌ„ge them THE LAVYERE That is true But whiche thynke you do beste THE DIVINE They that do leste attribute arrogancy rule and dominion to the spiritualtie The pope can nat dispence with the lawe of god nature Quare nos traÌ„sgredimi ni praeceptuÌ„ dei propter traditiones uiÌ„as Ma. 15. Scriptura ê“phetica non est humanae intpretationis 2. Petri. 1. For sure hit wyll be at length els their vtter confusion hit is so abhominably at this day abused and presumed on But nowe to my matter The scripture sayeth these wordes why do you breke or transgresse the commandement of god for your owne traditions And also these wordes The prophetical and holy Scripture is not of mans interpretacion With this moreouer scripture must nedes stande vnlosed All these auncient authors also whiche here foloweth do say Non potest solui scriptura Ioan. 10. Augusti accordingly to holy scripture that the pope can nat dispence with other the lawe of god or nature Saynt Augusten besydes other places in the epistole whiche he wryteth Ad Glorium Eleusinum sheweth that he is vnder the general counsell Wherfore moch the more he must nedes be vnder the lawe of god Saynt Ambrose in his boke de Paradiso affirmeth the same Ambro. Bernardus Lykewise saint Bernarde bothe in his epistle Ad Adam mona chum and in his boke de dispensatione et prae ceptis Holy popes also that were in the olde tyme do confesse the same Fabianus papa Marcellinus papa Vrbanus papa Zozimus As Fabianus papa in his epistle Ad orientales Mercellinus papa in his epistole Ad orientales Also Vrbanus papa in 25. q. 1. Sunt quidam Zozimus papa in de statutis gentiuÌ„ Where he sayth that agaynst the statutes and decrees of fathers the see of Rome can nother make ne chaunge nothyng Moche lesse ayenst the scriptures and statutes of god Damasus Innocentius Damasus papa ad Aurelium ArchiepiscopuÌ„ â–ª Innocentius papa in ca. litteras Besyde these other auncient authors confirme the same as Basilius magnus in regula monachorum Basilius Beda Isidorus Beda in expositione epistolae Petri. Isidorus ca. Si is qui preest With these agreeth as in one also these lattre diuines Posteriores Theologi Alexandre de Halys Scotus Occham Richardus de media Villa Albertus Iacobus de Lauzanna Altissiodorensis Franciscus de Maronis Gerson Durandus Gabriel Biel Herueus Bernardus de Trilla Antoninus Florentinus Ioan. Lupus and many mo whiche do playnely affirme that no man canne proue that the poope maye dispense with other the lawe of nature or the lawe of god Wherfore hit foloweth well that this beynge the lawe of god as hit hath bene bothe well and playnely afore declared and proued as me thynketh hit is euidente hit is easye bothe to perceyue and beleue that syn it is thus grounded on the very lawe of god hit is also indispensable Nowe than more ouer seynge that this case is also determyned as well by auncient authours as by generall counsels ye and holy popes owne confessions and seyng also that all these doth agre both modernes and other with the full consent of the moste parte of all the Vniuersities lerned men at this houre within christendome that this case is indispensable me thinketh gretly that we ought this matter being so euidently opened declared clerely holy to beleue this and as true subiectes to stycke with our souerayne prince in this his iust doynge laudable act For as me semeth it is a sinful an vnnatural al demeinour of subiectes what synistre laboure so euer be made to the coÌ„trary to mysdeme their prince that in so waightie a cause he wolde be seducid and vse affections Whiche hytherto rayning the .xxiij. yere ouer vs and more hath shewed hym selfe in all his doinges but iust indifferent most vpryght And I for my parte The cause of the peoples blyndenesse do rather arrecte this blindnes of the people more to ignoranci with a litle to moche lightnes in credence to light folke the whiche goeth about to seduce them than to any other acte of vnnaturall duetie For I thynke verely that there was neuer prince amonge vs that euer was better beloued nor that hathe deserued more to be Wherfore nowe vsynge the sayinge of seynt Poule Hortamuruos 2. Corynth 6. I do exhort you in our lord god that you his subiectis do exonerat your selfes of al maner of grouÌ„des or occasioÌ„s that might brede any vnkyndnes in his hart toward you And also his maiestie you with al due reuerence so doynge to continue his well approued zeale and feruent loue alwayes hytherto shewed emonge you to the intent aforesayd whiche is that we may haue accordinge to Christes owne wordes one flocke and one heed THE LAVYERE On my faythe you haue satisfyed me both with great and many authorities and as me thinketh also with inuincible reasons I pray god myn answeres to your questions may satisfie you as well and with as moche truthe as youres hathe done me THE DIVINE I doubte nat but they shall For your intente as a man maye iudge and your lernyng also is of that integrite that otherwise than truth can nat succede so farre as the lawe can say Wherfore I pray you answere me firste to this question Might this cause be harde and ware hit a due course that hit shulde be harde within this realme as in the beginninge of this mattere me thoughte you sayde THE LAVYERE Syre I nat onely affirme that hit myghte be but also I vtterly protest That this cause oughte to be herd herewith in the realme determined that hit ought to be so For as it was ordeyned in the counsell of Nyce and lykewyse in other generall counsels of the world that euery cause shulde be decyded where it first beganne euen so this cause beinge fyrst begonne here in Englande shulde likewyse haue ben here in Englande determyned THE DIVINE In
other fro the same nor can gyue lycence to syn or to do amysse THE LAVYER. All this you speke here is very well agreing also with the popes owne lawes For if his commaundement saieth Innocence conteyne heresy Innocentius or bethought lykely to trouble greatly the hole churche or that other yll shulde happen thereby a man ought nat to obey though it be cōmāded vnder the payne of excommunication in the whiche he falleth whan that he obeyeth nat And if a man be excommunicate saieth Abbot bycause he dothe that is good Abbas or wyll nat do that is yll the sentence of excommunication is none where excōmunication is as none And if the sentence of excōmunication be manifestly vniust it is as none THE DIVINE Thus the good archebysshop of Canturbery Laurence successoure of saynt Austen Laurentius Archiepiscopus Cantua wolde for none entretee of the poope nor yet commination of cursinge assoyle hym whom he had ryghtfully accursed for the maryenge of his mother in lawe Sāctus Dunstanus Lykwise saint Dunstane wold in no wise obey the pope though he prayed hym monisshed hym and straitly commaunded hym to assoyle the Erle whom he had afore excōmunicate for the marienge and reteining of his nye kyns woman vntyl he had put her from him For this same was euermore in his mouthe god forbydde that for the cause of any mortall man I shuld contempne the lawe of my lorde god Euen so the good bysshoppe Sampson had rather abyed and suffre al parels of excommunication Sampson episcopus than to do that he sawe he myght nat do by the lawe of god The noble clerke and good bysshoppe of Lyncolne Roberte Grosthede also wroote vnto the pope Robertus Lincoln whiche hadde made as he knewe well an vnlaufull requeste vnto hym that suche enforcementes he muste nedes say naye to and rebell Wherfore nowe if it fortune hereafter that the poope or any other spirytuall persone wolde for sinistre affection or encrease of authoritie interdicte excommunicate or sende any inhibition to interrupte the iustenes of this cause other elles the dewe procedynge in the same accordynge to the diffinitions afore in that case as me thynketh bothe the kynge his spirituall and laye subiectes also shulde manfully in god withstande them and stycke in theyr myndes and dedes to the manfull vertuous and hooly sayenge of all the blessed apostles whiche is that we oughte rather to obeye god thanne men And no doubte but that in our so doynge we shall haue lyke rewarde of the same our maker as these holy men and blessed Bysshoppes hadde with moo the whiche dydde folowe the same steppes THE LAVYER. By my faythe you speake to verye good reason but I can not say that our lawe agreeth to this reason THE DIVIN No I thynke that well But the foundation and very stone which you shulde groūde your lawe vpon doth establisshe vs to condescende to the sayde reason For the Churche of god hath his foundation sette vppon a firme and stedfaste stone of truth and faythe and not vpon the mutable and wylfull pleasure of Peters successours But your lawe doth so moche attribute to man as moderne glosers dothe expoune that it wolde make man whiche is but frayle and caduke directour gouernour and as superiour to the very worde of god whiche is as the prophete sayeth alway permanent what simple witte or slendre fayth wolde thinke or beleue that god in setting forth his lawes and preceptes had as a man wolde say so vnauisebly considered and commaunded them that any wyse they shuld nede of mans reformacion or that he dyd create man to be superiour to his worde and wyl Me thinketh verily that it is to great an arrogancy for man so to vsurpe apon his maker Wherfore nowe let this passe and answere me I praye you to an other question in lawe THE LAVYER. What is that nowe THE DIVINE This same If a man shuld cōmune with you of the lawe and aske you whether the decrees and decretalles whiche you emonge you do call lawes with the opinions of doctours whyche wryteth of them be directed in their iust execution merely and in all cases by truth or no what wolde ye answere THE LAVYERE What wolde I answere Mary this do I answere that the lawe in his due course exercised ought to be directed by truthe onely THE DIVI And what call ye truth That whiche appereth in dede only or that by report And if by reporte whether that whiche some men say depose is true or onely that all men say and holy agree vnto is true THE LAVYER. If the dede do appere euidently what is to be tane for truthe than it is greatly to be consydered weyed and if nat than it is to be referred to that whiche the ancient fathers approued in law or the assent of counsels generall do saye and affirme to be true and lawe And if as in a rare case it fortune some tyme that the truthe can nat be fully gathered or made plainly to appere than iudgementes and opinions of doctours soundyng to reson so farre as mans witte can comprehende and nat discrepant from goddes lawe be to be ensued folowed THE DIVI Herein may somtyme fortune an errour THE LAVYER. That is truth For in the iustice of this worlde that is truth which the lawes receyueth for truth and whan the lawes receyueth it than it is as truth in the syght and iugement of men though in the syght of god it be nat so God seeth al with his owne eies therfore his iustice is most perfit is directed alwayes occordynge to a moste perfitte truthe Man trusteth other mens eies and tounges and sometyme his owne sensis whiche maye erre and therfore foloweth and admitteth in stede of truth the lykelyhode of truthe and the lykelyhode approued by the lawe Whervpon it foloweth that what the lawe callethe truthe is to be taken for a truthe vntylle the contrary may euidently appere For if manne shulde neuer take for the truthe but onely that the dedes shewed of truthe there 〈◊〉 seldome appere truthe to men 〈…〉 matters The dede vanyssheth 〈◊〉 passeth ouer ne can be permanente 〈◊〉 testimonie of the truthe is preserued by the lawe whiche wylleth faythe to be gyuen to sufficient wrytinges and sayenges in that behalfe And if you require farther declaration hereof me thynketh that it apperethe welle in this example Who can shewe the truthe of his owne lynadge or parentage but by auctoritie of the lawe by whiche lawe wytnesse proueth the mariage of the personages and byrthe of the chylde vpon the woman maried Whervpon the lawe concludeth the generation of the husbande as father whether it be so in dede or no. The laufull profe of boly knowlege And so it is in profe of the truthe of carnall copulation and bodily knowledge Wherin there is no wytnesse communely that depose of the very acte but onely of the nere circumstaunces
precedynge or folowynge the acte as age of the two parties conueniente and lykely there vnto with conuersation in bedde and other place at libertie for that acte Wherevpon the lawe concludethe for a truthe the acte of copulation to haue ensued so in other cases of lyke fashion THE DIVI Why syr if this be thus as ye saye than shall it lytell auayle the quene to alledge That the quenes allegynge to the cōtrary nothyng auayleth that she was nat knowen by prince Arthur For sure I am ther be witnesse as I haue harde say of the noblest mē of this realme that knew prince Arthure the quene at the tyme of their mariage and knewe them bothe to be of competent age feete apte prone to that naturall acte bedded to gether at sondrye tymes lyuynge at libertie in one house beynge no lette or impediment in lawe why they shulde nat but many prouocations of nature why they shulde accomplysshe their natural desire in that be halfe THE LAVYER. I thynke the quene wyll neuer erenestly alledge that matter which hath nat only no probabilite of truth but also that beinge proued whiche you speke of that is to say the mariage liuinge beddinge and cōuersation together of her and prince Arthure a plaine conclusion to the cōtrarie THE DIVINE There be many mo specialtes than these that go nere the matter For some men of great house say and as I am enfourmed depose vpon theyr othe that prince Arthur dyd report hym selfe vnto them Prince Arthurs owne reportes that he had carnally knowen her And that at diuers tymes to some at one tyme to some at a nother so that his sayenges were many times reiterate Whyche me thynketh gyuethe moche greatter faythe in so moche that it is not to be thought that al these tymes he shulde speke for ostentacion and bostynge of hym selfe onely For at some tyme of these it doth appere by attestacion of credible folkes wherof some were his seruātes nere about him at that tyme that he spake it for mere necessite demaundynge and desyrynge drinke incontinently vpon his great labours in the mornynge very erely to quenche his thyrste answerynge whan the question was asked hym why sir and be ye nowe so drye Mary if thou haddeste bene as osten in Spayne this nyghte as I haue bene I thynke verely thou woldest haue ben moche dryar Another thinge there is more whiche hath a meruelous apperaunce in it to declare that she shulde be knowen by prince Arthure and that is this Incontinent after his dethe the name of a prince belonged to hym that is nowe our souerayne lorde and kynge excepte his brother had chyldren so without creation or any other solemnite streight waye so to be called therby Whiche if it shulde nat so haue folowed shulde haue ben a mere iniurye illated by his father to hym without some other meruaylous great consideration So it was his brother beinge dede vpon suspicion that she hadde ben with childe and beynge also certifyed by the princes counsell that they and she bothe thoughte the same 〈…〉 for what cause the name of prince was differred our 〈◊〉 the name of prince was differred from our souerayne lorde that nowe is by the space of a moneth more in whiche tyme it was likely the truth to be knowen And so me thinketh there can be no more vehemēt nor almost a playner trial of her to be knowen than this beinge with al well considered howe wel auisedly the noble king his fader dyd always procede in all his actes dedes Ye a thirde there is also wherby it can nat be denied but that this her ostētacion affirmation is nothinge true And that now is euidently proued by an instrumēt called a Brefe whiche she by her selfe or her proctour produced in publyke iudgement before the Legates in her defence bycause our soueraynes counsell founde fautes in the bulle whiche were sufficient in lawe as lawyers do affirme thoughe the pope might dispense as he may nat īdede to annihilate fordo the mariage bitwene the king and her For where one of the fautes whiche the kinges counsell foūde was that after the dethe of prince Arthur in suinge for dispensation the atteyned a bull wherof the suggestion was not true Beinge in one place as it was saide in the bull Forsan cognitam as who sayeth may fortune knowen Whiche maketh a doubte of that thynge whiche she knewe well ynoughe before And thereby it may well be coniectured that she feared to telle the trewthe lest that the pope perceyuynge that she had bene knowen by prince Arthoure wolde neuer haue dispensed with this lattre maryage Or elles in dede if she had nat be knowen she neded nat to haue putte in these termes at all And thereby emonges other thinges the kinges counselle thoughte that this bulle was subrepticious and noughte bycause the trewe meanynge of the supplycatyon was nat purely and trewely declaredde in the same She thanne fearynge that by this faulte and other whyche were founde in the sayde Bulle she shulde fayle of her purpose dydde accordynge as tofore is sayde in her defence exhybyte this brieffe thynkynge thereby to take away al these doubtis whiche were founde in the Bulle and specially that of Forsan cognitam But in this as scripture saith obscurati sunt oculi eorum Both her eies her coūsels were blynded For wher they went about to hele some smal soores they opened a great woūde in the Brefe confesse cognitam without Forsan which is to say that she was knowen without parauenture Howe the brefe which was purchased for fautes in the bul manyfestely sheweth that she was knowē by prince Arthur Whiche maketh as me thinketh to euident a profe that she shulde be knowen by prynce Arthure so plainly sheweth it that it can nat be denyed For nowe if ye marke it well it is confessed bothe by hym her though she liste to say nowe the contrary that in iugement THE LAVYER. I meruaile than that men wyl yet doubt whether it be true or no that the law approueth so for truth where these probations appereth so playne THE DIVINE I will tell you why Bycause her grace sayth her selfe that she was nat carnally knowen and she sayth that she knoweth it better than al the worlde beside THE LAVYERE It can not be denied but that she knoweth it best of folke nowe liuing But prince Arthur whan he lyued knewe vtterly as wel as her grace Who hauing no cause why at that tyme to say otherwise than the truth she nat denieng at that tyme that same said than the cōtrary of that the quene nowe alledgeth whan it maketh moste for her purpose so to say beinge wytnesse in her owne cause and partie for her owne defence without any matter to iustifye her so sayenge sauynge onely her sole suche allegacion One mans or womans sayenge singular be he or she of neuer suche dignite auctorite
conueniente to trye the truthe of that matter as this â—â—alme Howe the cause may haue his ende Wherfore me thinketh the kinges highnes and his parliament shulde eâ—â—â—stly prese the metropolitanes of this realme there vniuste othe made to the pope nat withstaÌ„dyng to set an ende shortly in this And to take a greatter regarde to the quietyng of his graces conscience and this realme than to the ceremonyes of the popes lawe For by goddes lawe they be bounde to the obedience of their prince and to seke also the quietation and peacesablenes of this realme whiche ought to be regardyd more than any mans lawe Whiche I truste they beynge of suche sincerite as I take them of will nat lette to do whan it shall be put to them who so euer say nay answeringe whan nede shall be accordyng to their auncient and vertuous predecessours Rather we ought to obey god than men Magis oportet obedire deo qÌ„ hominibê° Act. v. Per oratio And thus this lyttell tretise shall make his ende Prayenge the reders that if any thynge be amysse in it to arrecte it rather to lacke of discrecyon than of good wyl And though ê‘aueÌ„ture in opening of the cause some be indirectly touched farther maye happe than pleaseth them we humbly desire them to reken that if we coulde haue by our simple wyttes deuised any other way so plainly and truely to haue opened this cause we wolde moche rather haue done it than thus But in declarynge the truthe we mynde to halte for no respecte Wherfore we praye them to holde vs excused And thoughe parauenture that the wyse mans prouerbe The tellynge of truthe bredeth ofte displeasure Veritas odi um parit shall take effecte in vs me mynde not and god before to spare eyther to telle it or with our lyues to maynteyne it seinge that Christe him selfe sayeth I am the verye truthe and eterne lyfe Whiche abydethe them Ego sum ueritas uita Ioan. 14. that folowe the truth And where as we thynke that it is hardely possible for any man to endite or conueye any worke of suche sorte that no man shall fynde a faute therin specially captious folke and maligners Ageynst malygners and raylynge bablers Whiche rather whan they haue founde a ryght small faute wyll go about to ieste and rayle on it ye though no faute at all yet rather wyll so do of all that pleaseth them not than to come to the remanaunt in the iustificacion of the matter we moste entierly praye you louinge reders that if any suche ye nowe or here after shall here of whiche wolde coÌ„tradict or againe say this pore treatise of truthe nat to gyue credence vnto theÌ„ tyll they can proue the contrarye hereof And that sothly nat by their gestes their faces crakes whiche is al out of frame but as it ought truely onely by good scripture good auncient authors generall counsels vertuous and holy popes owne sayenges famous vniuersities and infinite clerkes and lerned mens opinions concurring with olde ancient customes and vsages and that syn our sauiour Christes owne tyme as we haue declared in this our poore treatise all redy for our parte And an other thinge there is also whiche we truste shall cause you to gyue the lesse credytte to who so euer wolde maligne at this worke The sure pyllars this worke leaneth to whiche is this That this worke standeth with vertue and clennes The whiche truthe all the contrary parte can nat denye And therfore hit oughte rather to be embraced And doutlesse the contrarye thereof is vyce and vnclennes whiche oughte vttrely therfore to be dispysed And this sure we are that dyuers of the moste reputed personages in lernynge whiche taketh the the contrary part of that we do haue sayd to men of great creditte that if this matrimony were to be made they wolde neuer condescende vnto it nor euer aduise any man to attempte any suche Wherof we now gather that they iuged it naught though for some respect nowe iÌ„ this time they do cloke the coÌ„trary For if it were good or laufull as nowe they wolde make pretence it were why shulde they haue said as tofore is rehersed And sins they haue confessed so farre this vrgeÌ„t reason must kepe them within the list whiche is this That thynge whiche is ones nought in goddes lawe morall can neuer be good but by his onely alowaÌ„ce as moste parte of counsels generall and good outhors do determine Wherfore in this theyr so sayenge we maye well thynke that they verely confessed the effecte of this our treatise Whiche if they nowe contrary in worde or bede or hereafter shall can not be well taken in indifferent eares but estemed to procede of to moche lyghtnes or of subornynge or elles of to great affection and cleuynge to theyr owne opinion Wherfore if they so do we thinke that lyttel creditte shulde be gyuen vnto them And we doubte not but that your myndes and affections are suche to your most louyng prince that nowe syn ye knowe them suche theyr sayenges shall nothynge hindre his well deserued estimation amonge you And therfore efte sone we most hartely pray you gentyll reders that nother sinistre affection nor yet malycious reporte do hynder the acceptynge of this our treatise in your hartes and iugementes otherwise than that if you had matters to do before our prince and his couÌ„sell ye wolde they shulde do in your iuste petitions and causes For you muste remembre that Christe commandeth vs to do as we wolde be done to Where he wylleth it of eche to other emonge vs al wyll he nat that moste of all we obserue 〈◊〉 â—â—empst our most louynge prince and souerayne No dout but so wylleth and comandeth our sauiour Christ. In whom fare ye well moste gentyll reders euer to inclyne and fauour moste the truthe ¶ 〈…〉 CVM PRIVILEGIO