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
A glasse of the truthe TO THE REDERS ⧠To the gentill reders and syncere louers of truthe YOu shall haue here gentill reders a small dialoge betwene the Lawyere Diuine wherin if there lacke suche eloquence suche dryfte of argumentes and conueyance of reasons as parauenture ware requisite and as ye shall desyre yet we shall moste entierly pray you that where we be nat sufficient to supplye the same to content your selfe with this our rudenesse declarynge the pure truthe alone whiche you shall be right sure to fynde in this poore treatyse For here haue you no newe allegatyon of mans inuention or imaginatioÌ„ but onely taken of the scripture of god of the counsels and ordinances of the churche vniuersall of mooste auncient popes and other holy doctours wryttinges with the factes and authoryties of blessed men besyde withoute wrythinge or wrestynge of any of them beyng taken of whome and of none other I am sure you will say it is to be estemed for a most assured truthe Prayenge you most benigne reders that tho some wolde saye that they be nat truely alleged rather to gyue credence to so many approued vniuersities whiche affirme our allegations to be true than to the asseueration of any other specially of some fewe affectionate persones whiche do or may endeuour to denye the same And nowe therfore to tell you the very truthe this same is the grounded cause why this lytell worke beareth his name whiche is the Glasse of truthe For it is plainly the same clere glasse within the whiche ye shall see and beholde if ye loke well and leysurely in it the playne truthe of our mooste noble and louinge princis cause whiche by vnmete and vnkynde handelinge hathe hytherto had so ouerlonge a staye The whiche doutlesse if we well considre is moche more our hynderance than his For his lacke of heyres male is a displeasure to him but for his life tyme as lackinge that whiche naturally is desyred of all men to haue childerne But our lacke shall be permanent so longe as the worlde lasteth excepte that god prouide For tho we haue a female heyre whiche is bothe indued with moche vertue grace in many dootes and gyftes yet if a male might be atteyned it ware moch more sure if we well perpende and pondre many vrgent wayghtie causes Amongest whiche this one is depely to be forsene that if the female heyre shall chaunce to rule she can nat coÌ„tinue longe without an husbande whiche by goddes lawe muste than be her gouernour and heed and so finally shall directe this realme But who that shulde be with the contentement of the subiectes me thinketh it were harde to excogitate For proximitie of blode is to great a lette to some otherwise mete for that purpose except we wolde be so beestly to put our necke eftsones in the snare of this erronious prohibited errour whiche is and hathe ben alwayes detested by the moste parte of all the famous clerkes of christendome The punisshement whereof were to terrible to be suffered and also to abhominable to be harde of emonges christen folke On thother side to other some it were daungerous leste we shulde make theÌ„ superiours to vs ouer whome we clayme superioritie seynge the manne must rule the woman Others outwarde mete personages our sklender wittes can nat comprehende And as touchinge any mariage within this realme we thinke it were harde to deuise any condigne and able person for so highe an enterprise moche harder to finde one with whome the holle realme wolde coulde be contented to haue him ruler and gouernour Wherfore we thinke the establysshement of titles is nat so surely rooted nor yet so entierlye mainteyned by the female as by male Whiche well consydered syns the vnion of all titles do remayne and be collocate in him onely we oughte of duetie if oure wittes may thereto extende to excogitate all wayes to vs possible howe we might atteyne the succession of heyres male And that way ones founde erenestly with celerite to putte in vre in no wise sufferinge this wayghtie vrgent cause to be lenger differred or delayed by those whiche do but vsurpe to them selfes an honoure and vayne glory contrary to many generall counsels and their owne lawes also as more playnly shall appere in this litell treatise of truth For els accordynge to an auncyent prouerbe Mora trahit periculum To longe abode is causer of moch daungere we might be moche indemnyfyed and hyndered Farthermore you shall in this Glasse see howe that nowe it ought to be ordred after our simple iugementes so to haue a good and perfitte ende moste for his honour and quietyng of conscience for oure great welthe for the prosperite of this his noble realme And nowe this same is the truth of whiche scripture saieth Magna ueritas et fortior prae oiÌ„bê° non est cum en quicque iniquum 3. Esdrae 4. That great is the truth of strength and power of boue all with it there is none iniquite none ylle dealynge none obstinate and frowarde bablynge no malicious backebytynge no sclaunderous and factious enforsinge This is the sole truth lefte vntill her selfe Without all vayne ostentation without inuentinge or borowynge of ydell titles and inscriptions withoute colourynge dissemblynge pretense and all outwarde paintynge Ye shall fynde here the mere truthe as we truste withoute all malignyng rayling gestyng and detractynge of them that of truthe no suche haue deserued the whiche it may be your lotte to see and here some where els Moche more we might induce to sette forthe and adourne this Glasse of truth before you saue that the processe folowyng shall sufficiently and moche better perfourme the same to the which I hooly remitte you euermore mooste hartely prayenge you godly myldly without all yll affection to emprynte well in youre hartes this mere and syncere truthe and so to folowe it that you may do a thinge acceptable to the pleasure of almyghtie god and contentation of our souerayne and prince And thus fare ye well in god louing brotherne A DIALOGE THE LAVYER. We semeth it is wisely and truely saide that the right way is euer the nerest waye likewyse the playne way moste sure to trye all maner of truth by THE DIVINE I thinke that it be true whiche you speke but you speke so obscurely that I wotte nere what you meane therby If you meane it by the ymitation of Christ That our sauiour Christ is the ryght and playne waye whiche beareth wytnesse of him selfe sayeng I am the ryght way I am the true way and I am the perfyt lyfe thanne are you in the right And if you meane the playne waye to be moste sure bycause that Christe saieth he is the dore by whiche we muste entre in this youre sayenge canne nat be amended whervnto god him selfe exhorteth vs also by his prophete sayeng ye christen meÌ„ loke ye iudge a right THE LAVYER. The better for my purpose
Leuit. 18. that nother deceyueth nor yet is deceyued which saith that no man shall take in maryage the wyfe of his brother And secondely I noote that he in the same chapitre commaundeth this nat onely to the Iewes but as well to all maner of people saieng these wordes You shal do none of these abhominations nother you that be here borne dwellers of this countrey nother any straungere what so euer he be that commeth emonge you Euery man that doeth any one of these abhominations shall perysshe fro the myddes of his people Omnis aiÌ„a quae fecerit de abominationibus his quippiaÌ„ peribit de maedio populi sui ibidem By these wordes it may well appere that god dothe nat prohibite these offences only to the Iewes but also to al maner of people For he sayeth euery man who so euer he be that dothe any of these abhominations shall perysshe If god hym selfe had not determyned this lawe to be morall he wolde neuer haue commaunded it to all maner of people For fewe places there be as I thynke in scripture I may well say none whiche be generally prohibite that be nat also moral And it is moreouer to be thought that god wolde nat so generally haue for bydden it so extremely prohibite hit so horribly to haue detested it by his owne wordes callynge it in some place offence of his precept The soore worde that god him self vseth in gyuynge the prohibitions Leuitical in some contamination in some place a greuous faute an vngoodly and vnlauful thyng in some place abhomination in some execration excepte these were morall and excepte hit were also his very wyll that folke shulde generally forbere and detest them These wordes as semeth me be so fereful so terrible and of christen people so to be pondered that the weyght and greuousnes of them can scant without great grace be condignely imprinted or impressed in our hartes wherfore me thinketh we ought all with meke spirites to calle for grace and to endeuour our selfes by all wayes to atteyne the same to thintent it might the more habundantly flowe in vs not obstinately or carnally to withstande it whan many tymes it is offered vs. For it is a great faute and a great lacke of grace whan men hath truthe offered to them and they wyllfully to withstande the same THE LAVYERE In good faythe I neuer marked this nor yet vnderstode so parfitely in my lyfe For surely it is meruaylously to be noted and yet with more reuerence to be obserued in so moche that nowe me thynketh I perceyue a very shamefastnes to entre into any suche acte whiche excepte the acte were vnlauful Verecundia neded nothyng THE DIVINE Nowe ye begynne to fele somewhat and to fynde the truth For scripture in the same chaptre confirmeth your sayenge alleginge these wordes NoÌ„ reuelabis turpitudineÌ„ uxoris fratris tui quia turpitu do fratris tui est Le. 18. There is shame in discouering the vnclennesse of thy brothers wyfe Thou shalt not discouer it For it is the vnclennesse of thy very brother Hereby we may well perceyue that there is a vilenesse a contrarietie to vertue herein For els we neded not to be ashamed of it And I do thynke verely that who so euer wolde maynteyne the other parte can not denye Contrarium honesto Turpitudo ex se. but that it is agaynst honestie whiche is very vertue but that it is of it selfe very vnclennesse It is as I haue rehersed here by goddes owne wordes a sore faute It is contaminacion abhominacion execracion Wherfore I meruaile that christen men do not tremble to here it and moche more feare not wittingly to do it or auisedly to continue in it For surely there can be nothinge of the spirite of god Non ex spiritu that can induce man to it If for carnall affections worldly policies men shulde perswade it howe moche that were to be detested by a man of pure and syncere conscience I reporte me to any man that is indued with a perfight and playne garment of truthe That for any welthe of this worlde wolde breake or seeke colours to breake so hye a precepte of the maker of all worldes Wherfore these whiche we haue afore rehersed beynge so euidently declared by his owne mouthe as the texte hit selfe dothe affirme it whan hit sayeth I am your verye lorde the whiche commandeth you this Ego dominus deê° uester Leui. 18. me thinketh that we christen folke ought to iuge this cause nat disputable but all redye iudged by the Iudge of all iudges Thiscause nat nowe disputable but all redy iudged of god And so manfullye to withstande in goddes quarelle the maynteyners and supporters of the contrary Seynge that oure mayster so extremely prohybyteth and with suche abhomination detesteth hit Other thynges there-be also whiche moueth me meruaylously to thynke that this is nat disputable And those be these Fyrste the auncient authors Auncient authors the whiche wryteth of hit Wherin they in detestynge hit do shewe manifestly theyr opinion and playnely gyue theyr iudgement in it For if it were good or hereafter might be good they beyng so hyghly lerned so hooly wolde neuer so greatly abhorred hit Counsels Secondly the counsels for the most parte whiche speaketh of hit dothe vtterly dampne hit Specially as semeth me nowe Constance counsell ConstaÌ„ce counsell in disapprouyng the opinions of Wycliffe For that couÌ„sell saieth that who so euer be of that opinion that this prohibition leuiticall Let no man mary or otherwise take and vse his brothers wyfe Nullus accipiat uxorem fâ—â—s sui Leuit 18. with other there be only prohibitions made by man and nat by god holdeth the same they incontinently to be estemed and taken as very Paynemes and mere heretikes by the churche Heresy to mainteyne the coÌ„trarye to this came Farthermore that none what so euer he be shall dare other to preche to teche to hold or in any wise alledge any of Wycliffes articles other of the .xlv. fyrste condempned or of the other CC.lx. articles of the whiche this same afore rehersed was one Wherfore it may euidently appere nowe that this matter is nat disputable but all redye iudged and concluded syn hit is determyned that he shall be taken for a very heretyke that holdeth or vpholdyng disputeth the contrary The thirde is that the hoole consent of all the indifferente vniuersities of christendome doth plainly determyne and consent The coÌ„sent of all indifferent vniuersities that this prohibition Leuiticall is nat onely a thynge prohibite by the lawes of god nature but also that it is a square and very rule by the whiche christen men oughte to be ordred lyue by Syn they take it thus that is to say that this is a precepte and a direction by whiche we christen menne ought to lyue by and the lawe Deuteronomyke a thinge ceremoniall whiche
my iudgement ye speake reason but howe shall I knowe that you speke law For I here somtime in other cases that lawe reason diffre good reason is nat alwaye called lawe THE LAVYERE You say in some parte well For in dede all reason is nat lawe but this you may be sure of that contrary to al reason is no lawe tho men somtyme be otherwyse borne in hande And in this case conformably to reason as I haue begonne to shewe you hit was prouyded and ordeyned in dyuers counsels that none shulde be called out of the prouince Authorite of counsels Whiche counsels are ought to be taken for lawes establisshed by the assent of all christen men whiche muste stande and take effect THE DIVINE Ye name the counsell of Nyce and other also Nowe I pray you let vs here howe they speake herein that we may be the more sure THE LAVYER. First the Nycene counsell sayeth thus The Nycene counsell ca. vi The olde and antycke custome let hit be kepte thorowout Egypt Lyby Penthapoly so that the bisshoppe of Alexandre haue the power of them for there is a lyke custome of the citye of Rome Lykewise at Anteoche also other prouincyes let theyr customes and priuileges be kepte within theyr churches Looke this be kepte Cap. v. that they which be excommunicate of theyr bisshoppes of none other be receyued to communion Forsothe the power or confirmation thorowe euery Prouince shall perteyne to the Metropolitane Cap. iiii By this it may well appere that there is or ought to be a speciall iurisdiction or power within euery prouince in ecclesiasticall obseruatioÌ„s decidinge of causes But that this may be so moche the more playne you shall here what ysidoure sayeth to this purpose in the preface of the boke of counsels Isidorus in praefa Hit is manifeste saieth he there that suche thinges whiche chanceth thorowout euery prouince that the Sene or counsel of the same prouince must ordre and dispense them as it is playne to haue ben decreed and ordeyned by the Nicene counsell It is redde also saieth he in an epistle of pope Innocence in this wise Epistola Innocentij If any triall of cause besynes or contenty on arise amonge clerkes and lay men or betwixte clerkes of hyer or lower degre what so euer they be it pleased and hathe bene ordeyned that accordynge to the Nycene counsell all the bysshoppes of the same prouince be gathered to gether and so the iudgement of the cause to be fynisshed haue his full ende Thus you see playne what is the mynde of Nicene counsell herein euen so as we haue broughte hit in for THE DIVINE But syre syn that Isidoure sayeth that there be mo chaptres of the Nycene counsell than these whiche we haue and be expressed communely in the boke of the which he saith also that this is one howe is it that you haue brouÌ„ght vs in here whiche is plainly conteyned there to confirme this purpose THE LAVYER. That haue I done truely bicause it maketh moche as semeth me and I haue affirmed no more than may well be take of it Nowe yf it seme nat so playne to you and other for this purpose by that yet whiche is added of Innocence and Isidoure it may well and fully appere that this our purpose and position is plainely conteyned emong the chapiters of the Nycene couÌ„sell if it ware hooly had whether that be it or parte of it or no. The counsell Affricane to pope Boniface moche maketh for the same Yet to satisfie you and all other the more herein you shall here howe this is also proued and confirmed by the great counsell of Constantinople wherin it is written thus Conci constantinopolianum It is manifeste and playne that thorowout al and euery prouince the prouinciall Sene or counsell ought to administre and gouerne al thinges there accordynge to that is diffined by Nycene counsell Can you or any other thynke but that this is a sufficient profe that this is the verye decree of Nycene counsell excepte you wyll nedes pretende ignoraunce other elles peruersely denye bothe these authors and counselles generall More ouer the couÌ„sell Constantinopolitane agreeth here vnto where it sayeth thus Accordynge to the canons the bysshoppe of Alexandre lette hym gyde onely those thynges the whiche be within Egypte The bysshoppes of the orient lette them gouerne onely the orient c. But if it chaunce them to be called out of theyr administration lette them nat go for other ordinaunces to be made or for other dispensations ecclesiasticall but as is tofore rehersed in euery prouince the prouincyall Sene muste ordre and gouerne all thynges whiche be as it is there vnderstande mere spirytuall Wherevnto sayeth the historye Tripertyte Historia tripartita li. 3. ca. 7. that the fathers in the counselle of Constantinople defyned that if any cause arose within any prouynce hit shulde be fynysshed by the counsell of the same prouynce Conci Calcedonense The Calcedonense counsell draweth nere after the same where it determineth that a cause shulde begynne afore the owne bysshoppe and frome hym to the counsell of the prouynce The same counsell decreed that according to the fathers rules twise in the yere through out euery prouynce the bysshoppes shulde come to gether where euery thynge that came amonge them shulde haue his due correction and ordre Farthermore the epistle whiche the Affricane counsell sente to pope Celestine Epistola coÌ„ci Affricani ad CelestinuÌ„ papam sheweth well this pourpose and witnesseth also the Nicene decree where thus it is written The Nycene decrees most plainly hath committed bothe clerkes of lower degree and also bisshoppes to their owne primates For they moste wysely ye and iustly perceyued that all matters what so euer they were oughte to be finisshed ended where they were begonne They vnderstode full well that the grace of god wyll fayle no prouynce by the whiche the right and equite may well and wysely be sene of the prestes of Christe and mooste fastly and constantly holden and fulfylled of them Specially bycause it is gyuen and grauÌ„ted to euery man thaâ— if he be greued with the sentence of 〈◊〉 iudges to appele to the couÌ„sell of hiâ—â—â—ouince other els to the vniuersal coâ—â—â—ell Whiche laufully can not be denyed but is approued by these wordes folowinge in the sayde counsaile Except that there be any man whiche beleueth that our lorde god wyll rather inspire rightuous iugement into a particuler person than to a great nombre of vertuous and wel disposed ê‘sons gathered to gethers in counsaile by his spirite and ordenance For how can the iugementes of be yonde the see be firme stable vnto the whiche those persons that be necessari can not be brought either bicause of age or for many other impedimeÌ„tes And as for that any Legates shulde be sente as from thy holynes side we fynde it not ordeined
or decreed in any coūsaile of fathers For in all the coūsayles that we coulde fynde of Nycene we coulde fynde no suche thinge The .vij. counsell Carthaginense and Melitane also sayth well to the same in this maner Conci Carthaginense 7. et Mileta It hath pleased and is decreed that prestes deacons and other clerkes of lower degree if in their causes they complayne of their bysshoppes iudgementes that the bysshoppes whiche dwell by here the cause and suche as shall be taken to the cause by the consent of their bysshoppes lette them finysshe all that is betwene them But if they thynke mete to appele lette them nat appele farther than to the coūsels within Affrycke or to the primates of their owne prouince Who that wolde thinke that they ought to appele beyond the sees lette them be take of none within Affrike for christen men or as any of their communion Ouer and aboue all these the counselle of Antioche decreeth in this maner Conci Anti ochenum For ecclesiasticall causes controuersyes busines or matters whiche aryseth to be dissolued and eased we haue thought and decreed to suffice that thorowe euery prouince a counsell of the bisshoppes be had euery yere twyse The fyrst to begyn the thyrde weke after Easter the seconde the fyrste day of Octobre And in these counsels muste be present with them bothe preestes and diacons and all other whiche feleth them selfe agreued so to tary and abyde the sentence of the counsell Nother it may be lauful for any to make these counselles within them selfe without the knowledge of their Metropolitanes to whome it is certeine that it is gyuen and graunted to gyue iudgement of all causes Besyde these counsels Eginius the poope decreeth also Eginius papa that if for ouermoche farrenes vnmetenes of tyme or sorenesse of the waye it be greuous and paynefull to bringe a cause to the see of Rome that it be had to the primate THE DIVINE If these be so as ye alledge them and as I doubte nothynge but that they be it muste nedes be as ye haue sayde that this cause ought to be determyned within this realme For it is nat possyble that the pope maye well dispence immute or breke these counsels THE LAVYERE You take hit verye well For howe maye the bysshoppe of Rome or any other primate be so bolde as to breake the canons the whiche euerye one of them voweth to kepe and solemply professeth the same If he shulde so do The poope voweth and professeth to kepe the Canons may not breke the same ware he nat to be deposed accordynge to that the counselle Carthaginense decreeth Who coulde thynke that one Bysshoppe myghte destrue the actes of so many hooly fathers made with theyr one assente accordynge to the profession of blessed Gregorye THE DIVINE You speke cuyn as the thynge it selfe wolde haue you Ne dimittas legem manis tuae prouerb 1. For syn it is sayde by Salomon Leaue not or breake not thy mothers law who coulde thynke that the church of Rome whiche in dede is but a doughter of the churche vniuersall myght destroye the lawe of her mother Dothe not holy Poope Leo saye with an open voyce That thoughe there were nowe made a greatter counselle than was the Nicene it might not derogate our foure counselles The poope ought to rule by the lawe of god and coūsels and can nat dispēce against the canons Therfore the pope of Rome oughte to rule the Churche of Rome by the vniuersall counselles and the lawe of god and no wyse the contrarie THE LAVYERE Sothly as ye say Therfore he can not dispence agaynst the canons For who can dispence with hym selfe Or who can without faute breake that he hath openly professed Forsothe if he do agaynste this his profession he dothe therby depose him selfe as sayeth the counsell Carthaginense THE DIVINE And well worthy For bycause as sayeth our sauiour Christe the seruant is nat bygger than the maistre nor the Apostel or he that is sent bigger than he that sente hym syn that Christe came nat to breake the lawe but to fulfylle the same the pope of Rome can nothing do agaynst the lawe of his mother the churche vniuersall whose Canons he hathe professed to kepe with solempne vowe in the which vowe he can nat dispence with hym selfe nother any other can syn he hathe none superioure in spiritualtie THE LAVYERE That suche is the poopes vowe and open profession besydes other places appereth well by the counsels of Constance and Basyle and by the boke of bysshops whiche is called diurnus Iuo Epistola .lx. as sheweth the great clerke Iuo in his epistole Where he is erenest that the olde traditions and customes ought nat to be remoued or broken by any priuate lawes or newe traditions For agaynst the statutes of the fathers the authorite of the see of Rome can nothynge do ne chaunge with vs sayth he there whiche is pope Zozimus sayenge also lyueth and remayneth antiquite so roted and fast grounded that it will nat away Zozimus to the whiche the decrees of fathers hath gyuen and establisshed suche reuerence Wherfore the poopes of Rome be or oughte to be the kepers or mainteiners and nat the breakers of the holy canons Thus sayeth Leo thus sayeth Bonifacius and thus sayeth poope Gelasius Pope Celestine affirmeth Celestinus papa that he thynketh ylle of the pope ye the worste that can be whiche thynketh that he maye ordeyne any thynge agaynst the canons THE DIVINE The holy doctours and diuines also agreeth well with this Especiall saynte August in the epistle Ad Glorium tofore rehersed is playn in this Pope Zozimus as ye knowe is clere in it Damasus papa Hilarius Pope Damasus Hilarius with other will no breche or transgression of the canons without an ineuitable necessite the whiche as they say god forbyd Therfore as sayeth Gerson it is an excedyng and an vnruly errour of them Gerson the whiche sayeth that the deliberation or counsell of the pope weyeth aboue the delyberation of the churche or counsell generall Or that affirmeth that the pope is nat bounde to folowe the counsell and obey the same except that he wyll THE LAVYERE Certeynely you come well to the purpose For the holy coūsell of Constance decreeth also the same in these wordes Conci constantien Euery man of what so euer state or dignite that he be ye though he be the pope is bounde to obey the generall counsell in these thinges whiche perteyne to our christen faythe to the helpe and extirpation of a Scisme and generally to the reformation of the churche of god in the heed and in the membres It decreeth moreouer thus who so euer of what so euer state or dignite that he be ye though he be pope hym selfe wyl disdayne or refuse to obey the cōmandementes statutes or ordinances of this coūsell or of any other general coūsell nowe made or hereafter
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