by their solempne profession betwixt an inclusiue and an open vowe betwixte Priestes and Monkes Thus farre doctor Martin I report this note good reader but to thyne owne iudgemente whether thou maiest not marke a notable poincte of folie ignoraunce or wilfulnesse in this fonde Ciuilian thus to wrest and drawe the woordes of his aucthoritees â—xtra de voto quod voti reâ—emptione so farre against the heere as though bothe al mennes reasons were not against his note and as though the Lawe it self saied not ê™ alia est causa monachi alia clerici â–ª And further there is written ê™ plura profitendo promittit Monachus quaÌ„ recipiendo sacrum ordinem clericus And for diffrence it is written in the Extrau of Ihon the .xxij. Chapiter Antiquae Coniugatus ante copulam sacrum ordineÌ„ suscipiens cogitur ne ad coÌ„iugem sed habitum monachi suscipiens Exâ—t de coÌ„uers comugas Cap. verum â—â—vobas qui transgredimi mandatum Dei propter traditioneâ— vestram Math. potest inuita vxore ire ad religionem cogendus ibi manere vinculum coniugii inefficax redditur The maried manne that vndertaketh holy orders before carnal knowledge of his wife is inforced to go to his wife but he that becometh a Monke maie against his wiues wil goe forwarde to his Religious profession and ought to bee compelled therein to remain and so the band of mariage to be without force or strength Cardinall Caietane writeth whiche Thomas also .2.2 affirmeth Quòd votum per se solemne est indespensabile per illud decretale cum ad Monaste Quod est regularium sed votum per accidens quod est annexum ordini sacro quod est secularium est dispensabile .4o. sententiarum Ergo alia est causa Monachi alia Presbyteri That a vowe whiche of it self is solempne is not to bee dispensed with if it bee of Regulers But a vowe of a secular not annexed to his holy order called a vowe per accidens maie bee dispensed with well inough and therefore the condition of the Monke and of the Prieste bee diuerse Whervnto bothe Antonine in Summa part .iii. and Bonauâ—nture .iiii. sententiarum Distin .xxxvii. doe agrée WhervpoÌ„ your thrée notable poinctes beyng well waied are not worthe three agglettes It is a true lawe to bee verified of hym self that he reporteth in his fifth Chapiter Lâ—aÌ„ G .iiij. Semel malus semper presumitur malus in eodem genere mali If it be true that your self pronounce in your tenth Chapiter that it is the nature of heretikes euer to take a peece of the aucthours woordes and not the whole sentence I would desire the indifferent reader by expendyng your reporting of your Doctors and Counsailes after this maner to iudge of what complexion ye be of Seing therefore to borowe some of his owne woordes this Doctor Martin coyneth suche notes and argumentes whereof some of them be false in forme and some false in matter saiyng in his obiections he depraueth scripture misconstrueth his aucthours misreporteth stories misnameth his doctors seinyng Ambrose to be Augustine and Cirill Origen and yet corrupteth them all all to this ende that he mighte frame a probable argumente in an vnprobable matter I truste good reader thou wilte credite no further his stoute bolde assertions and glorious processes then the truthe of the matter will beare his cause But because I will not be ouer tedious I lette diuerse other suche foule shamelesse lyes and deprauynges vntouched But as for the aucthoritée of sainct Augustine de bono viduitatis where he proueth the mariages good euen of votaries though their promise breaking be condempned he toke the next waie to corrupt the text For he saw plainly it could not be otherwise shifted of with all the gloses he can deuise it is so manifest And though it hath béen wonderfully drawen racked of diuerse suche wittes 17. q. 1. Nuptiarum bonum In glosa as doctor Martin hath yet to the indifferent reader that will expend the very text in S â–ª Augustine and the processe he goeth about it must nedes purge it self of al the drosse thei can cast vpon it though Pighius falsifieth the text and Petrus Lombardus leaueth out the woordes of the moste pithe to blinde the reader And some there be that to plaie it a waie expound all the whole treatise of sainct Augustine in that poynct to be ment of a simple vowe and not of a solempne vowe Some glosers affirme the first part of the processe to be ment of simple vowers and the latter parte sc plane non dubitauerim dicere c. to bee ment of solempne vowers And these two shiftes hath this doctor Martin of those glosers beside his owne peculiar deuise of mangling and manifest corruptyng the texte Some glosers affirme it to bee wholly ment of solempne vowers and some glosers are so bolde to deny sainct Augustine and affirme that here he slept and that he did not well reason in this matter As the common gloser of the decrées Gardineâ—us contra BuceruÌ„ Lib 3. And some shifteth of the matter after a newe sort and saie that sainct Augustine did write this his opinion before the churche had otherwise defined this cause vz. that mariages after the vowe should be no mariages wherby he meaneth that sainct Augustine speaketh of solempne vowes For the church at these daies doeth not yet decree that mariages after simple vowes be no mariages or that thei ought to bee dissolued Whiche saiyng if it bee true then I put it to the indifferent reader to expends whether the mariages of votaries after their vowes beyng thought good and not to be dissolued from the Apostles daies â—â—l sainct Augustines age and so in his tyme thought good how nought soeuer thei were to breake their aduised vowes whether we may not better sticke to sainct Augustines aucthoritée and to the common faith that was before his tyme rather then to that definition whiche hath been made since contrarie to the faithe of those writers Specially seyng the Busshops of England many of them yet liuyng at this daie in their booke of institution of a christian man teache plainly that it apperteineth to christen kinges and Princes in the discharge of their duetie to God to reforme and to reduce againe the lawes to their old Limittes and pristine state of their power and iurisdiction whiche was giuen theim by Christe and vsed in the primatiue Churche For it is saie thei out of all doubt that Christes faithe was then moste firme and pure and the scriptures of God were then best vnderstand and vertue did then most abound and excell And therfore the customes and ordinaunces then vsed and made must nedes be more conforme and agreable vnto the true doctrine of Christ and more conducyng to the edifiyng and benefite of the Churche of Christ then any Custome or Lawes vsed or made since that tyme. And so forth in their exposition of
all that thei haue and paiment to bee made What will he saie trowe you Is this the learnyng and discretion prescribed vnto your fatherly aucthorities by the Quéenes highnes in her Commission that is séen in the order of your executions againste all learnyng without pitie to spoile learnyng Against all discretion to proceade without all order of lawe not discernyng man from man cause from cause state froÌ„ state You haue been iudged heretofore in all other realmes not comparable but farre excellyng all other realmes for worthines of learnyng for fatherly grauitie and exactnesse of iudgemente And shall now a little prefract wilfulnes of a fewe of your Comisaries ouertourne all your glories O fathers maie your children saie If we be deceiued by you we be deceiued ye haue béen our teachers leaders and guides By you were wee induced to credite the supremacies aucthoritie to bee able to doe what so euer the vsurped aucthoritie as ye tolde vs was wont to doe in decreyng and dispensyng your owne practises froÌ„ tyme to tyme made vs bolde to put vs vnder that defence of aucthoritie which openly ye semed moste willynglie to bée vnder And to be releaued with that medecine of dispensation which we with our eyes sawe your selues seke so muche to so ofte and so euery where enioiyng the like your selues hauyng no other hold for the possession of your estates once by you renounced resumed againe vnder that aucthoritie then suche as we thought to haue been as good for our assuraunces in our like liuynges And as wee knowe the whole Cleargie at this daie enioyeth the same without quarell of Canon or checke of any forren Lawe Upon the readyng and expending of your learned bokes orations and sermons openlie published and ofte imprinted did wee the kynges ignoraunt subiectes depende wholie as committyng our trust to your greate learnynges and franke confessions wee learned in your boke set forthe intitled De regia ecclesiastica aucthoritate how we should esteme the kynges high aucthoritie in his courte of Parliament There did ye plainly learne vs how to take the Canons of the Churche and how before tyme thei haue been vsed allowed and repelled againe by consente of the people and particular realmes and did no further or otherwise binde but as the kyng and his people receiued them By your orations did we learne that the Prince hath it incidently in roiall aucthoritie and belonging to his croune by Gods worde to coÌ„stitute lawes to abolishe lawes to vse any Ecclesiasticall lawes at free will at pleasure lo longe as thei were thought meete for his policie and those to be of so strong validitie that no forren power ought once to conuell them or to disturbe them And to these and many other suche thinges haue we not onely been induced by the force of the learnyng and aucthoritie of some one twoo or three of you but it hath been deliuered vnto vs as doctrine of saluation to credite this saied aucthoritie of our and your soueraigne in his realme by the whole consent and subscription of all and euery one of you with diuerse others ioyned vnto you In your booke intituled The institution of a Christian man presented by your whole aucthorities to the kyng of famous memorie kyng Henry the. viij where in the preface ye affirme to his highnes with one assent by all your learnynges that the saied treatise is in all pointes concordante and agreable to holie scripture yea suche doctrine that ye will and desire to haue it taught by all the spirituall pastours to all the kynges louyng subiectes to be doctrine of faithe And there entreatyng of the Sacrament of Orders ye desire to haue it taught that we be in no subiection to the bishop of Rome and his statutes but merely subiecte to the kynges lawes vnder his onely territorie and iurisdiction And that the Canons and rules of the Churche were therefore alowable in the realme because the assent of the kyng and of the people accepted the same And that Priestes and Bishops whatsoeuer neuer had any aucthoritie by the Gospell in matters Ciuill and Morall but by the graunt and gifte of Princes and that it was alwaie and euer shal be lefull vnto Kynges and Princes and to their successours with the consente of their Parliamentes to reuoke and call again into their owne handes or otherwise to restraine all their power and iurisdiction geuen and permitted by their aucthoritie assente or sufferaunce c. without the whiche if the Bishop of Rome or any other Bishop whatsouer should take vpon them any aucthoritie or iurisdiction in suche matters as be Ciuill as matters of Mariages for the tymes and persones bee confessed in your learnynges to bee no doubte saie ye that Bishop is not worthie to be called a Bishop but rather a tyraunt and an vsurper of other mennes rightes contrary to the Lawes of GOD and is to bee reputed a subuertor of the kyngdome of Christe yea besides these thynges and many other ye put it in our Crede and belief as an article of saluation and damnation that the Churche of Englande is as well to be named a Catholike and Apostolike Churche as Rome Churche or any other Churche where the Apostles were residente And ye will vs to beleue in our faithe that there is no difference in superioritie preemineÌ„ce or aucthoritie one ouer the other but be all of equall power and dignitie And that all Churches be free from the subiection and iurisdiction of the Churche of Rome And that no Churche is to be called Scismaticall as variyng from the vnitie of the Churche of Christe if it persiste in the vnitie of Christes faithe hope and charitie and vnitie of Christes doctrine and sacramentes agreable to the same doctrine Oh fathers if this doctrine bee thus set forthe by your whole aucthoritie presented by the subscription of al your names and since the time of your presentyng thereof by the space almoste of .xx. yeres neuer reuoked but continuallie from tyme to tyme taught by this booke and by other suche declarations Can ye of reason in your consciences allowe your officers thus to entreate your priestes and curates that vpon your so earnest doctrine aduisedly obtruded and forced to your faith haue doen as theâ—haue doen in the state of their liues not on their owne heades but vpon your heades aucthorities and warrantise of lawe so stablished by you to pertaine to the kynges croune If ye were deceiued or induced after so deliberate a consultation whiche were greate pitie to espie in your aucthorities beyng the self same men that bee still in office to call vs at this daie to God to truthe to doctrine of saluation and maie require of vs to credite you if wee will bee saued Shall we onely beare the heauie burthen of your ouersight and ye your selues as it were winnyng honour estimation and aduauncemente by your doynges Might not your escapes in your assertions haue béen more merciful in sute to
great parte of them were made against priestes that liued in adultery and fornication without wiues The fourth Then in processe of his boke he extendeth his witte to charge al maried priestes without all exception of heresie lecherie inceste and treason to make them odiouse and to endauÌ„ger them to the rulers and people And vseth no moderation to any of them all but pronounceth depriuation to be the leste that thei all deserue And other whyles in hote zeale semeth to desire an vniuersall destruction of them Sometyme notyng them by the multiplication of their children to pestre the realme whereby the inhabitantes should bee in perill of hunger for lacke of foode as though the lande were not able to geue sustenaunce to suche encrease The fifte He in the perusing of the canons lawes euer forceth the rigor of theÌ„ against maried priestes and euer willeth the self same Canons to be reuiued for open fornicators in other priestes nor for any other offence punishable by depriuation and other paynes so that he semeth to giue them an immunitie contrary to the old canons The sixte We maie also note iustlie his inconstrancie for other whiles to make for his purpose he contendeth that the rules and traditions of the primatiue churche be of moste aucthoritie and must be obeied before all other ordinaunces And at an other time he wil haue it stand for a ground that the latter lawes and councels derogate the first and so ought to waie in the discussement of this cause The seuenth His probations and confutations whiche he bringeth in bee seldome out of god his worde except it be contorted but altogether of humain aucthoritie of writers doctors canoÌ„s and decrées and that commonly wher thei write furthest dissonant from god his worde and other good writers and some tymes from them selues And therevpon he is here confuted and answered by the selfe same men in other places of their woorkes and by other of like aucthoritie for reason as saincte Hierome saieth it is Quod ex verbo dei non habet authoritatem eadem facilitate reijciatur qua probatur SupÌ„er Mat. cap. xxiii That whiche hath not aucthoritie of the worde of god may as easely be reiected as receiued The eight And in the meane tyme till this doctour can conciliate their saiynges and writynges either with the scriptures or betwixte them selues I aduise thee gentle reader to folowe the counsell of Saincte Ciprian Si in aliquo mutauerit vacillauerit veritas ad originem dominicam euangelicam apostolicam traditionem reuertamur Ad Pompalianum inde surgat actus nostri ratio vnde ordo origo surrexit That is If the truthe should be in doubte or stagger in any matter then lette vs returne to the Lordes originall to that whiche is deliuered to vs by the euangelistes and apostles and let the reason of our doyng rise thence whence rose bothe ordre and oryginall Super cap. â—x â–ª Hie. For as S. Hierome saieth Nec parentum nec maiorum error sequendus est sed athoritas scripturaruÌ„ dei docentis imperium We should not followe the ouersight of our parentes or yet of our elders but the aucthoritie of scriptures and supreme rule of god his doctrine If euer it was nedefull and necessarie to resorte to Chrisostomes rule writyng vpon this place of Mathewe the xxiiij chapiter Tune qui in iudea sunt fugiant ad montes then thei whiche be in Iurie let theim flee to the mountaines it is more then necessarie now perceauyng antichriste his hooste and armie of mennes Lawes and Canons so faste mustre together to deface and debell Christe his doctrine and veritie whiche notable discourse good learned reader I desire thee to reade and to note the contentes And if sainct Augustine did any seruice to the Churche of Christ when he did write his notable booke de vnitate Ecclesie againste the Donatistes who onely chalenged the catholike Churche to be with them so may he doe now moste profitable seruice against these apishe catholikes that resemble sorilie the true catholiques in face onely and els in neuer a parte beside The ninthe Remember this also good reader that we doe not deny but that virginitie is an excellent vertue and that pure chastitie and single life without hypocrisie is more to be wished to priests and ministers in the churche then is matrimonie considering bothe states in them selues But the question is whether to them that cannot containe mariage were not more méete to be graunted And whether a priest in chast matrimonie maie not do the office of a prieste as the scripture requireth of hym The tenthe Knowe this that howsoeuer chastitie is annexed or dependyng vpon the ordre of priesthode yet it is meerly and intierly by the constitution of the churche and by positiue lawe disspeÌ„sable And moreouer it is to be iustified that seculer Priestes of Englande be no votaries nether in their orderyng any vowe inioyned them nor required at their handes nor thet makyng any suche vowe as by the Englishe poÌ„tificall is to bée proued and as in open conuocation was exactly so debated concluded and subscribed by the handes of them that were present and so presented to the whole Parliament house The eleuenth Expende furthermore that we be not ignorant but that the first councels and canons for the moste part geue no libertie to a prieste or a Bishoppe once consecrated to mary And that the latter councelles forbidde a prieste maried before his orders to kepe companie with his wife And that the aucthoures of the Latten Churche require suche ministers in the moste part of their writynges But then againe it muste be considered that the same Councels and writers require a chaste clargie in deede and maketh more gréeuous paynes of suche Priestes whiche abuseth other mennes wiues and maidens then vpon those priestes that haue their owne wiues and vse them And if the saied aucthores had perceiued the experience of these latter daies thei would not so rigorouslie haue forced suche lawes but rather mitigated theÌ„ as diuerse of them did in suche cases as shal be declared The twelft Right so we do not deme but that vowes aduisedly made to god with suche circumstaunces as the old fathers require in a vowe be to be obserued and that it is not lawfull for anie man of his owne hedde to breake suche vowes and that thei offend god that rashely breake them But whether suche vowes be vndispensable by mans aucthoritie and whether vowes suche as haue been moste commonly of late made of votaries binde them to the perfourmance yea or noe And if either of these vowes bee relinquished whether matrimonie succedyng is to bee dissolued againe to the perill of breakyng gods commaundemente for the obseruation of mannes traditions These notes aforesaied bee to be discussed and considered ¶ An expostulation with certaine of the Clergie Here I might ceasse of further excityng any other states of the common
single state in theim that haue the gift of God pronouncyng it as ye saie wicked and abhominable and that thei should terme single life to be the doctrine of Diuilles and the inuention of Antechrist Be not these your woordes master Doctor Is not this your charge wherewith you falsly bourden the Protestantes Sir thei saie with saincte Paule that the prohibition of Matrimonie to them that haue not the gifte cometh of the doctrine of Deuilles speakyng lyes in hypocrisie Surely thei were very ignoraunt and blinde if thei should so write as you faine of theÌ„ where belike ye would haue the writers of your Churche to bee beleued and to write nothyng vnaduisedly and to ensue nothyng but pure holinesse and perfecte virginitie who can not erre as of the heade of your Churche ye doe plainlie affirme that it is impossible for them to erre in doctrine for that thei be the Uicars of Christ successours of Peter folowers of the Apostles equall with theim as some of them write in aucthoritie Augusti de anchona and yet not bound to succede them in holinesse of good life and that thei make lawes of prohibition of mariage and yet be no Taâ—ianistes and that thei maie apply or rather abuse the textes of Scripture speakyng againste the workes of the fleshe Qui iÌ„ carne funt c. contrary to the fruictes of the spirite to the estate of wedlocke and yet will not bee noted faultie in the condemnation of Matrimonie and that their Canons be of so high aucthoritie excellyng the scriptures that the scriptures doe but counsell virginitie and single life but their Canons doe commaunde it as this Doctor in his precise circumspection writeth But I praie you sir whose fault is it that the conteÌ„pt of Christes true religion is issued forth of the coÌ„teÌ„pt of his ministers If ye doubt therof heare Leo the first who crieth out against theÌ„ which coÌ„mit the Pastorall dignitie Episto 44. to the vnworthie Heare ye what he saith NoÌ„ est hoc inquit coÌ„suiere populis sed nocere nec prestare regimeÌ„ sed augere discrimeÌ„ principatus queÌ„ aut seditio extorfit aut ambitus occupauit ipsius inicij sui est perniciosus exeÌ„plo difficile est vt bono peragaÌ„tur exitu quae malo suÌ„t iÌ„choata principio This maner doyng saith he is not to prouide for the saftie of the people but to destroie them this is not to performe good gouernaunce but to encrease the coÌ„mon perill for gouernaunce wonne by sedition or obtained by ambition is hurtfull for the example of the attempte and harde is it that any thyng should haue any good ende whiche is begonne in so euill a foundation In Acta Apost con 3. And where is the faulte to be laied of these vnworthie Ministers vpon the Patrons or vpon the Ordinaries lette Chrisostome be iudge if the Prieste or Deacon do commit anie offeÌ„ce the crimes of them all do redounde vpon their heades saieth he who did admitte them Further ye saie that the losse of the Priestes estimatioÌ„ is chiefly risen of the vnabilitie and vnworthines of the Priestes Alas why is it not then forseen of the Ordinaries to prouide chast Priestes in chaste Matrimonie rather thâ—n by the filthines of their liuyng so to shame their state and deface Christes religion But when I praie you was religion more in honour then when Priestes wéere maried at will without compulsion though diuerse others hauing the gifte of soole lief continued in their gifte not despisyng others who for conscience sake fledde to the institution of matrimonie so charged by sainct Paule qui se non continet nubat melius est nubere quaÌ„ vri he that can not liue chaste lette hym marie for it is better to take a wife then for to burne in filthie lustes When kept thei their vessels in honore sanctificatione in honour and sanctification more safely then when thei had the libertie of mariage for the perill of incontinencie when was hospitalitie and residentie better kept then when the Pastor had his familie in a place certain to moue hym homeward when were their houses kept in better reparations then when thei wéere resident when had the people more relief by them then when thei kept houses But ye write that the libertie of mariage should induce a dissolute liuyng of the Clergie and ye saie that mariage offered to an incontinent minister is but to offer present poyson to destroie the hoole bodie Is this the spirite of holynes that forceth you to write such impieties or the spirit of errour cleane contrarie to Paules spirite Ad Heb. 13. who affirmeth Matrimonie to bee honourable in all persones and the bedde vndefiled But yet ye saie that this forsed chastitie was by the counsailes confirmed by all thauncient writers approued and that this libertie of mariage tendeth altogether to the contempt of the holy institution and therby also to the ouerthrowe of Christes religion and that this teaching of mariage began with Lecherie continewed with couetise and ended in treason these be youre owne slaunderous wordes Master Martin Whiche howe true thei bee the worlde maie sone Iudge But thus ye vtter the malice of your stomacke so beyng gladed to hurie others And suerlie if malice should take place all wéere awrie Actum esset vt inquit Erasmus in rebus humanis si malitiae par animo suppeteret nocendi facultas It weere the ruine and ouerthrowe of all mens fortunes if man had like power to hurte in deede as his malice were readie to wishe the same And thus hauyng rehearsed the sentence of Erasmus ye shall heare moreouer his iudgemente in this matter whiche wee haue in hande whereby wee maie then consider whether this learned Diuine should speake more truely then your M. Martin a poore selie Lawier vtteryng your determination so arrogantly thus he writeth ex vita sacerdotum palà m dedecorosa palà m coÌ„temnitur eorum doctrina inde perit fructus verbi dei Quòd si ijs qui non continent concederetur matrimonium ipsi viuerent quietius populo cum aucthoritate predicareÌ„t verbum dei Of the open filthie life of priestes their doctrine is dispised whereby the fruict of Gods worde is lost But if Matrimonie were grauÌ„ted to suche as liue not chastely bothe should thei liue the more quiete in conscience and should thereby preache the woorde of God with more aucthoritie vnto the people Loe this is Erasmus iudgemente What an impudent boldnes is it then for a yonge poore Ciuilian or to an olde indurate Canonist to affirme the contrary of that which so auncient and knowen learned diuine after his longe deliberation in Ecclesiasticall causes hath pronounced And what a lewdnesse is it to ascribe to the protestantes that thei should commonly holde emongest themselues that no wight can liue chaste where in deede thei teache with saincte Augustine De virgini cap. xl xli that that man maie
a fornicator with many then to be twise maried Montanus and suche as folowe the scisme of Nouatus say that thei haue takeÌ„ presumptuously vpon them the name of chastitie whiche thinketh that seconde mariages oughte to bee forbidden from the Churches Communion Wher the Apostle charged this thing of Bushops and Priestes and released it to other not that he moueth to seconde mariage but geueth pardon to the necessitie of the fleashe And surely to be a Bushop of Priest without blame and to haue one wife is in our power thus far S. Hierome And here againe maie wee learne what it is to fight in controuersies with mans reasons humaine aucthoritie yea though thei bee not craftely couched together contorted as the bragge of this mans booke standeth wholy vpon that poincte and to exclude the scripture or els to bring in the sciâ—iptures for a countenaunce but yet with violent gloses to drawe them against the heere to applie them to that sentence that is satteled in his head alreadie before he coÌ„meth to theim as it is this mannes greate grace in his whole booke And againe here wee maie expende howe circumspectly the Canonistes of Rome affirme that the writynges of the doctors and holie menne of the Churche muste bee holden to the vttermoste ynche Yea thei bee nowe commaunded to bee holden saie thei in all that thei write to the vttermost title Distinct. 9. Nolâ— For so thei speake in the booke of the decrées If this bee true then let Hierome be holden in this pointe or els let them rather force no further mans saiynges and aucthority then of right the authors themselues would be taken and red and as thei themselues vsed to take other mennes writings of what antiquitie aucthoritie soeuer thei were There is a great difference saith S. Augustine betwixt thaucthoritie of the Canonicall scriptures and the writynges of Bushops whether it be of our owne or of Hyllarius or Ciprian or any other And therfore saith he to Vincentius the Donatiste Epistola 41. stirre vp no quarel of their writynges for thei be not so to be redde that in suche wise their testimonies be brought in as though it weere not lawfull to iudge and thinke contrarie if perhappes thei thought otherwise then the truthe required These are his wordes Noli ergò frater colligere velle calumnias ex episcoporum scriptis siue nostrorum siue Hillarij siue Cipriani quiá hoc genus literarum ab authoritate Canonis distinguendum est Non enim sic leguntur tà nquam ex eis testimonium proferatur vt contrà sentire non liceat si fortè alitèr sapuerint quam veritas postulat And in an other book of his de peccatorum meritis Libro primo Caâ—itulo 22. he saieth cedamus consentiamus authoritati scripturae sanctae quae nescit falli néc fallere hominum est labi hallucinari falli fallere decipi decipere Paulo dicente Videte nèquis vos decipiat c. diuinae auÌ„t scripturae robur nullum eiusmodi defectum admittit Lette vs geue place and geue our assente to the aucthoritie of holy Scripture whiche can not bee deceaued nor deceiue It is naturall to menne to slide to bee blynded Collossians 2. to be deceaued and to deceiue to erre and to induce to erroure as sainct Paule saieth take heede leste any man deceiue you by philosophie and wittie reason and by vaine subtilitie accordyng to mennes traditions accordyng to the elementes and ordinaunces of the worlde and not after Christ. As for the stabilitie of the scripture is not subiect to suche defaute And therefore saieth Cyrill Ad Reginas de recta fide Necessarium nobis est diuinas sequi literas in nullo ab earum praescripto discedere It is necessarie for vs to folowe the holy scriptures and in no point to shrincke from that thei do prescribe Yea let vs reade sainct Hierom and all other with that same rule as hymself redde other For in his Epistle to Mynerius and Alexander he saieth Non praeiudicata doctoris opinio sed doctrinae ratio ponderanda est sciat me illud apostoli libentèr audire omnia probate quod bonum est tenete c. Meum propositum est antiquos legere probare singula retinere quae bona sunt a fide Ecclesiae catholicae non recedere It is not the opinion of a writer in his iudgement so before declared that must be weighed so muche as the reason of his doctrine For I am glad saieth he to followe sainct Paules precept proue all thinges and holde that is good And also to giue heade to the wordes of our sauioure saiyng be ye wise and approued triars that if any Coyne be fourged and haue not the figure of Caesar nor is not striken lyke the currant Mony let it be reproued and that whiche clearly beareth the face and Image of Christe lette that bee laied vp in the purse of oure harte for further saieth S. Hierom I professe this as well in my youth as in my age that Origen and Eusebius weere very great learned menne but yet did erre in the trueth of doctrine In the ende he saieth it is my constant vse and purpose to reade the olde wryters to examine euery thyng to holde fast that is good and not to recede from the saieth of the catholike Churche But heâ—re leste this wryter shoulde take aduauntage by these wordes from the faieth of the catholike Curche it is not his minde to enclude the faieth of the Catholike Churche in suche notes persons and places as now men forceth on vs the faieth of the Catholike Churche For the aucthorities writinges of the Clergie in his tyme was not taken of hym to be the catholike churche for his saied opinion was clearly against the constitutions of the Bushoppes in his tyme. And as he saieth in a certen place ad Heliodorum â— q 7. Non omnes Episcopi sunt Episcopi attende Petrum sed Iudam considera c. Non est facile stare in loco Petri Pauli scilicêt tenere locum iam cum Christo regnantium c. Al be not Bushops that haue the name of Busshoppes marke Peter consider Iudas it is no easie thyng to stande in the place of Peter and Paule that is to holde the cheare of them that reigneth with Christe Thei be not the childreÌ„ of the sainctes whiche occupieth the place of the saintes but thei whiche perfourme their woorkes Infatuatum sal ad nihilum prodest nisi vt proijciatur forà s a porcis conculcetur The salt that is vnsauery is good for nothyng but to bee cast forth out of the doores and to be troden vnder foote And sainct Augustine saieth Non omnis qui dicit pax vobis quasi columba audiendus est Corui de morte pascuntur Hoc Columba non habet c. Not euerie one that saieth pax vobis must be hard as a Doue for Rauens féede of carreine the
to Spirituall Pastours by the Prophete Ezechiell Ezechel 34. The weake haue ye not holden vppe the sicke haue ye not healed the broken haue ye not bounde together the outcastes haue ye not broughte agayne the loste haue ye not soughte but churlishely and cruellye haue ye ruled theim Thus are they scattered heare and there without a Shephearde c. my Shepe wandereth abroade in Mountaines and Fieldes and no manne there is that careth for theim or seeketh after theim And so forth moste terribly to theim that hath eares to heare and hartes to vnderstande I would wishe that suche as be strong should beare the infirmities of the weake and not to please theim selues For Christe the head Shepheard sought not his owne will power and glory He came not into the worlde to destroie but to saue I would wishe that if any one in the whole body be entangled or accombred with any default of ignorauncie frailtie or lightnesse that Spirituall fathers should restore hym vp againe spiritu humilitatis consideryng that thei maie be tempted As if he should saie writeth sainct Gregorie CuÌ„ displicet ex aliena infirmitate quod conspicis pensa quod es vt increpationis zelo se spiritus temperet dum sibi quoque quod increpat timet Cum enim increpatio immoderatè accenditur corda delinquentium in desperatione deprimuntur When the infirmitée of other men displeaseth thee for that thou seest at thyne eye ponder what thou art thy self whereby thy inwarde spirite maie temper it self in the zeale of correction by the feare thou maieste bee in for thy self in the thing which thou doest rebuke For when correction is to muche kindeled the hartes of the offendours bée driuen doâ—ne to desperation Thus muche Gregorie in his Pastorals Yea let them all indifferently expende as well one as an other that thei haue been or bee or maie bee out of the waie and in daunger of Canons if any man had his vtter righte and extreme deseruyng I thinke that I maie speake it of the conscience of some married Busshoppes and Priestes in Englande that thei doe as muche lament the light behauior shewed and escaped by some of them in the libertee that was graunted theim of Lawe and Parliamente and by Goddes woorde shall euer bee lawfull for them whiche haue not the gifte as thei whiche bee moste angrie and out of pacience with them And that thei doe more lamente or as muche the decaie of estimation in the Clergie and of the true ministerie thereof as any of theim dooe whiche now beare the swaie whiche neuer care to be resident where thei should feede And besideforthe bewaileth the dissolute behauiour of a greate meany of their beste beloued and wisheth as hartely all offendicles and slaunders rooted out of bothe sortes of the clergie that once one vniforme religion in doctrine and life might bee concurraunte together to the pacification of all partees as a good sort of their chief kircke menne doe whiche setteth all the whole Realme at sixe or seuen rather then thei should not recouer the olde honour of the Churche againe as thei doe meane it and as thei doe wonderously glory of the successe already wonne When thei haue dooen all the crueltee and dispite thei can thei shall be as able to kepe doune the light that is now by Gods greate benefite set vpon the Candelsticke to shine to all menne that will haue the light thereof as the blynde dreamyng knightes of the sepulchre were able to keepe Christe from risyng and walkyng abrode as costly as thei were hired and as warely as thei watched Thei bee not wordes and stoute affirmations not exclamations in the Palpit applauded to by the higher powers of the worlde that can make wise menne so blinde not to see a difference betwixte plaine truthe and craftee falshode betwixte counterfetted religion and sincere worship of God betwixt boisterous crueltee and pastorall discipline betwixte open oppression and coloured reformation betwixte exercise of Iustice and craftee deuisyng to gette money betwixte hotte and hastee braides and prudente colde aduised proceadynges finally betwixte God and the Deuill betwixte Christe and Antichriste It shall neuer be well in the realme saieth this pacifier till the heretikes bée quite rooted out thereof and not one lefte therein God geue grace he bee noâ— blowen with suche a spirite as once a glorious and ambitious learned manne was puffed vp of whom Cassiodorus telleth in his Ecclesiasticall storie tripartite Li. â—2 Ca. 4. Li. 14. ca. â—1 and Nicephorus in his storie where it is registred that when one Sisinnius Busshoppe of Constantinople was dead the Emperor thought it not good to chose any of their owne to the roume because thei were commonly so full of vainglorie and so arrogant and hautee And therefore sent to Antioche for one there to come to theÌ„ to enioye this Patriarches dignitee At laste he came Nestorius by name whiche had bothe a good voyce and was also therwith eloquente and was reputed to be one of the chiefest of them that kepte chastitee Marie saieth the storie what his maners were beside the wise menne tooke a greate gesse by the first woordes he spake in open oration and sermon wherein after he had tourned hym self to the Emperour there present saied boldly or rather arrogantly to hym Da mihi O Imperator terram ab hereticis liberam puram ego tibi coelos reddam Tu mihi haereticos extirpa ego tibi Persis delendis adero O Caesar graunt to me thy lande pure and cleare from heresies and I will graunte thee heauen therefore Beate doâ—ne with me the heretikes and I will with thee beate doune the Parsians When he had spoken these woordes saieth the storie though in deede many hated the heretikes yet the lightnesse of his braine the hautinesse of his entrie and vnworthinesse of his beginnyng the pride of his vaine-glorie did very muche dislike them for that he could not abide a little conuenient tyme to vtter his opinion takyng vpon him to speake so high woordes yea before he had skant tasted of the water of the Citee so to preferre hym self to be so feruent a persecutour Notwithstanding yet he proceaded in his oportunitee and for the satisfiyng of his stoutnesse in destroiyng a little oratorie that the heretiques vsed gaue their furie occasion to burne the same them selues and therewith a greate number of other buildynges nexte adioynyng likewise perished by the same fire And therevpon rose a greate commotion in the saied Citee for which rashenesse he was charged with this fire aswell of his frendes as of the heretikes But yet he could not thus bee quiette but euer importunately labouryng and deuisyng against heretikes in suche sorte that he did as muche as laie in hym saieth the storie to haue vtterly destroied the Citee And further for the grief and dispite he bare to one Paule a Busshop of the Nouatians for whose worthinesse he heard thei gaue hym muche
it must be continuall and long vsed For yf vppon any sodayne deteynyng of his possession of her he shoulde fall into this greeuous payne then it were to to rigorous a lawe consideryng the frailtie of our tyme and for that this frailtie of the fleshe doth moue to pitie and not to rigour And thus throughout this gentle gloser wypeth awaye the wordes of this decree in such wise that nether this lawe nor any lyke shoulde euer take such place eyther to hynder the ordinaries commodities or charge the prieste except he wyll hym selfe Thus here ye see the practise of the chaste churche to what poynt they haue brought all their harde constitutions either to abiure mariages or els to learne the priestes an immunitie to lyue in fornications and adulteries without checke or coste except the charge of a litle tribute yerely to pacifie the officiall or commissarie c. with their returne after iniquisition non est inuentus May it here haue place that VV. Nubergensis writeth li. 2. ca 16. Episcopi dum defendendis magis clericorum libertatibus vel dignitatibus quam eorum vitus corigendis resecandisque inuigilant arbitrantur obsequiū se prestare deo ecclesiae si facinorosos clericos quos pro officii debito canonicae vigore censure coercere vel nolunt vel negligunt contra publicā tueantur disciplinam et episcopalis circa eos sollicitudo sit languida Whyle the bishops be more busie to defende the liberties or dignities of the priestes then to correct cut of their vices then they thynke they do good seruice to God and to the churche yf they may maintaine the wicked priestes agaynste the churches discipline which priestes they eyther wyll not or neglecte to restrayne as their duetie is by the sharpe censures of the churche so that the bishoppes care is nowe become verye colde and dead As this lawyer aforesayde vseth fauourable expositions in priestes concubines so in the chapter before he hath one fauourable glose for priestes whiche do mary after their order For he saith though by the rigour of the lawe he must needes lose his benefice yet yf by this mariage he incurre not Bigamie then may they dispence with them in his ministration and in his benefice For if he were made Bigamus by his maryage then it cannot be dispenced with but by the pope only Finally to plaister vp the matter to the priestes commodities in this cause besydes lawes they haue no bad councell of some diuines to of great name For it is written yf the clarke beyng in lesse orders as Benet or Colit haue a benefice and can lyue chaste by no meanes and therfore is in ieopardie to lose his benefice not for being vnchaste but for hauyng a benefice and mariage together then let him saith he by the aduice of his ghostly father liue secretely with a wyfe and so secretely deceaue the eyes of his ordinarie yea and though he come after to holy orders yet thynketh he to be lesse sinne to lyue with a wife then against Gods precept to lyue in fornication Thus you see that all the matter was handeled to lyue openly cleane and chaste but secretelye to lyue as they woulde For as many of the cleargie lyued in adulteries c. and some in vices sodomiticall so dyd diuers whose consciences were better and in knowledge more wise lyued secretly with wyues and prouided for their chyldren vnder the names of nephewes and other mens chyldren chosyng rather so to do in obeying S. Paules precept Rom. 14. Tu fidem habes penes temetipsum sit habe coram deo And folowyng agayne his councell Videte ne bonum vestrum hominum malidicenciae sit obnoxium vnusquisque in suo sensu abundet Qui sapit diem dn̄o sapit Thou hast fayth haue it to thy selfe before God and take heede that your libertie be not subiect to the euyll tongues of men and let euery man abounde in his owne sense He that is wise and can discerne the day let hym discerne it to God In whiche contemplation not vnlyke that not onlye this archbishop Bonifacius and other bishops of olde dayes but some of late dayes dyd lyue though all the worlde dyd not barke at the matter Nowe yf Boniface archbishop of Canterburie had a wyfe Richarde bishop of Chichester had a wyfe yf Galfride bishop of Ely was auouched before the pope hym selfe to haue maryed a wife yf Robert of Lincolne had his sonne besydes others that stories make mention of sence the conquest as of Archdeacons and Priestes Munkes and Nunnes by the popes dispensations innumerable howe vnaduised be they which write checkyngly that of all the bishoppes that euer were in Englande none were maryed before Crammer Is nothyng to be proued by storie true but such as they lyst to agree vnto or haue read If the bishoppes of Salisburie of olde tyme and all other bishoppes of the Realme dyd holde for trueth in the sacrament of the Lordes supper before the conquest as doctrine common the which doctrine is nowe more openly set out by Caluine and most learnedly proued by witnesse of the auncient auctours by the bishop of Sarum that nowe is and others If it be euidently testified by hystorie that the pope had no such clayme of auctoritie amongst the christian Britanes nor were at any tyme so receaued as Austen when he came in sent as cardinall saith one wryter from pope Gregorie to haue had the christian bishoppes and other of the cleargie whiche he founde in the realme at his commyng to be subiect vnto his legacie and trade of his religion which they denyed him wherevpon folowed that shamefull murder of the Britanes both ecclesiasticall and laitie amountyng to a very great summe as Bede and other manie do testifie What vanitie is it to affirme the contrarie so openly so confidentlye as though these outlandyshe wryters had read all recordes concernyng these causes or quia faenum habent in cornu they may haue such boldnes and trust in their slypper pennes to dryue all men vnder the hatch to discredite all men whom they dislyke yea to ouerthrowe and to turne ouer the imperiall state of their naturall countrey to the shamyng of the prince to the chargyng of all the nobilitie with scisme and error to the defacyng and disablyng yf they coulde the honestie learnyng and estimation of the better sorte of the cleargie so declaryng what spirite they styll shewe them selues to be of That where almyghtie God who be praysed therefore haue restrayned their olde furious wonted crueltie that they can nowe hang and bren no more stocke or imprison any more their aduersaries yet can not ceasse by their vnruly natures to persecute the whole Realme with their pennes and styles to daunger the state to the peryll of sedition to shame such men as so modestly aunswere them with their vyle wordes and tauntes more meete for Ruffians then graue deuines who of reuerent conscience shoulde debate the wayghtie
forgeuen hym and that heauen was open vnto hym the trueth wherof the angell proued to hym then by a miracle And so Remigius by the commaundement of the sayde angell restored hym to his bishopricke agayne and there he continued tyll he dyed And yf we shoulde credite stories that be written Some doth write saith Antonine that because S. Iohn was called from his maryage that same that was in Cana Galileae In summa part 3. tit 1. cap. 21. whereat Christe and his mother were present by some mens opinion vnto the Apostleship against his wyues wyll Marie Magdalen yf it be true that some affirme she vpon indignation hereof fell to her incontinent lyfe and was a publique euyl lyuer in the citie But this holy father Genebaldus with his wife lyuyng in forced professed chastitie by stealth dyd as their kynde dyd leade them but yet kepte all thynges close from the eyes of the world and then all was well Had it not haue ben more honorable for this bishoppe to haue folowed the example of RESTITVTVS sometyme bishoppe of London Restitutus who to the eyes of the world manifestlye lyued with his wyfe or to haue folowed that notable learned martir Phileas bishop of Thmuis whom Eusebius so hyghly doth commende for his eloquence testifiyng that he dyd write a notable martiriloge a booke of martirs of the number of such christian folke whiche suffred at Alexandria whō Ensebius also prayseth much for his constancie who hauyng a wyfe and chyldren to the knowledge of all the worlde Eccle. hist. Euseb. lib. 8. cap. 8. woulde not forsake his fayth when he was ledde before the president and towarde his martirdome for his fayth to Christe though his kynsfolkes moued hym to saue hym selfe Hillarius floruit anno Dom 350 and to haue respect of his wife and chyldren yet vertue preuayled in hym agaynst such perswasions and would not so redeeme hym selfe Or had it not haue ben more commendable to haue folowed the example of HYLARIVS bishop of Poyters who in his bishopricke auouched both wyfe and chyldren openly whiche the sayde archbishop of Florens affirmeth was not agaynst his order Quia saith he episcopatus ex sui natura non habet opponi ad matrimonium Lib. 3 tit 1. cap. 21. in summa A bishopricke of his owne nature hath no contradiction to wedlocke This Hylarie in his dayes dyd sore lament the order of discipline of the churche to be then much decayed To which complaynt agreeth that religious father Baptist Mantuan who wrytyng of the sayde byshop Hylarius testifieth thus and there improueth the lawe of forced chastitie more at large Lib. 1 fast Non nocuit tibi progenies non obstitit vxor Legitimo coniuncta thoro Non horruit illa Tempestate deus thalamos cunabula taedas Sola erat in precio quae nunc incognita virtus Sordet et attrito viuit cum plebe cucullo c. Thy progenie was no shame to thee thy wyfe coupled in lawfull matrimonie was no impediment to thee God at that tyme dyd not abborre eyther the maryage chamber or the cradle or the publique lyghtes vsed to be caryed afore maryed persons Vertue only was then in price which now is not knowen and therfore is vylely esteemed and lyueth only with the common people where the cowle is therein worne and slytten But as concernyng S. Paules canon for a bishop to be the husband of one wyfe he had great cause so to order it for that saith S. Ambrose he shoulde shewe a more perfection then was commonly vsed of others For but xvij yere before Christe euen emongst our nigh neighbours in Scotlande it was lawful to haue as many wyues as they listed Polidorus Lanquet anno 17. ante Christ. Insomuch that their king Ewinus hauing an hundred concubines at once made it lawfull by lawe that a man myght haue a pluralitie of wyues and further prouided by lawe that the wyues of the poore commoners shoulde be common to the nobilitie and that the Lorde of the soyle might clayme the virginitie of all his tenauntes daughters except they woulde redeeme them selues by some pension The first two saith Polidore dyd Christes religion abolyshe Lib. 10. hist. the last was long continued amongst them tyll kyng Malcolyne at the request of that vertuous Queene Margarete mother to Mawde the first wyfe of kyng Henrie the firste dyd abrogate that foule pencion Which kyng then dyd decree that the virgin after her maryage shoulde paye to the lorde of the fee but one peece of golde for her redemption Which statute saith Polidore is at this day kept In deede S. Hierom writeth thus Aduersus Iouin lib 2. Quod Scotorum natio vxores proprias non habet that the nation of the Scottes had no wiues peculiar De prepa euangelica lib 6 cap. 8. Ab vrsper De antiqui Iudaica lib. 17. ca. 2. lib 4. cad 6. De bello iud lib 1. cap. 18. Aduer iud Tripartit lib. 8. cap. 11. Of some suche disorder wryteth Eusebius Multi apud Britannos c. In Britanie many men haue one woman to wyfe Among the Parthians and in Thrasia contrarie many women haue but one husband and lyue all chaste in obeying the lawes Iosephus recordeth that it was an auncient vsage among them to haue many wyues at once For Herode saith he had nine wyues As the Iewes had by permission two wyues at once as he testifieth where Iustinus martir inueyeth against the Iewes that their insolence grewe so great that their teachers dyd permit euery one of them to haue foure or fyue wyues accordyng to their desires though Valentinian brought it by lawe to onlye a couple a good emperour yf he had had good counsayle and nothyng saith the storie he wanted to the perfection of all honour but godly counsayle of his faythfull seruauntes This was it not without good grounde in so much corruption of the worlde In catalogo Cesareum 6 when all nations dyd what they lysted If Paul required of a bishop in his perfection to be content with one wyfe Which prudence saith Hierom Paule dyd iustly vse for that he knewe it graunted by lawe and so practised by the examples of the patriarches and of Moyses Ad Ocean lib 2. to this effect that the people might haue large issue by their many wiues And for that the electiō of this libertie was open to priestes also he gaue commaundement that priestes should not chalenge such licence in the churche to haue two or three matrimonies at once but that they myght haue euery one of them one only wyfe at one time And there in that discourse S. Hierom doth much blame the harde and contorted exposition of vnius vxoris virum to be the husbande of one wyfe that is of one churche only and there he doth reiecte that exposition for to much violent In conclusion these matters aforesayde with many others well and aduisedly pondered by that noble
of the cleargie in their booke wherein they instructe a christian man to lyue godlye that it was lawfull for hym by gods worde to abrogate canon lawes repugnaunt to the lawes of the Realme and affirmyng further by testimonie of olde wryters that whatsoeuer was so enacted in this Englyshe churche had sufficient strength aucthoritie and power beyng a catholike and an apostolyke churche in it selfe the rather for doing their endeuour to returne all the order of the primatiue church agayne and therfore beyng more agreeable to Christes doctrine makyng more to edifiyng and benefite of Christes church What learned men standyng only to learnyng and reason can iustly eyther impugne the late state and order in this behalfe taken in the raigne of the noble prince king Edwarde the sixt or yet can reasonably suggill the doctrine and assertions published and set out in the dayes of that famous prince kyng Henrie the eyght by al his best learned cleargie as makyng way and preparation by their wrytynges and preachynges to put in execution that which was of late so vsed and practised If the fathers of Rome Churche diuers of the best learned by their prudence thought it meet to release the rigour of canons and rules of the churche whervpon they sometyme did dispence in diuers cases of great importaunce geuyng theyr assent before they were done sometyme bearyng and tolleratyng many thynges passed without auctoritie after they were done If their scribes and registers expositors of their lawe leaned alwayes to the equitie of the lawes fauourablie expoundyng them to the moste benefite and sauegarde of suche as were offenders agaynst Goddes morall lawes If the head fathers and pastors of other churches in their pastorall prudence vsed their tollerations in such cases as Origen doth testifie that the bishoppe in Alexandria permitted without agaynst the scripture a maryage to be made with a certaine woman in respect of her infirmitie as Millane churche and Constantinople churche vsed in the election of their bishoppes Ambrose Nectarius contrarie to the rule of the apostle as not yet christened as is before rehearsed And if that sayde holy bishop Ambrose dyd in his churche permit priestes to be maryed as Barnardinus Corius in his chronicle maketh report saith further that one Henribaldus Cotta a lawyer by profession beyng one of the first that woulde forbyd priestes to marry wyues was slayne of them for his importune extremitie Whiche thyng is reported of Ioannes Neuisanus doctor of lawe in his booke entituled Silua nuptialis where he aleageth howe the canonistes and schole men racke violently the lawes scriptures and gospels in this cause agaynst the true sense of the wordes and aduoucheth further that these canonistes make large thonges of other mens leather euen lyke saith he as the strumpet dyd of an other bodies chylde and that because they haue no wyues them selues Who when they haue any be aboue al other men burnyng in the fire of gelosie as he bryngeth his auctoritie therfore But nowe thus they speake saith he because them selues hauyng not only one paramour but haue many wyues and paramours and otherwhyles concubines also at one tyme together Whervpon he wysheth the lawe of continencie to be remitted and bryngeth in to ioyne with hym in this his iudgement not only the famous lawyer Panormitan but that notable man Felinus also with others And furthermore he affirmeth that the reasons of the canonistes of these dayes do proue that priestes after they be ordered may not marry be to no purpose because saith he they be grounded in couetousnes whiche is not conuenient to the true folowers of Christe And there in that his disputation he citeth diuers doctors who do disclose the corrupte intention of the canonistes in deprauyng and falsyfying the letter textes of Ambrose other doctors in the same cause If the churche of Ptolomais attempted so muche agaynste Christes religion and his apostles consentyng to electâ— a platonicall philosopher miscredityng the principall articles of our fayth and that after his open protestation that he woulde not as then either relinquishe his opinion or yet his wyfe and was accepted with them both What wyse man indued with any consideration of christian pollicie can iustly quarrel with the head pastor of our churche of Englande to tollerate thynges standing against no scripture at all so passed as they be Yea though they should vse more mercie and clemencie towarde the miserie of those ministers then some euyll and vncharitable instigatours woulde wishe they dyd If the vniforme assent and consent of wryters haue attributed so large auctoritie to counselles and bishoppes decrees to dispence so vniuersally that they say a bishop a mere diocesan may dispence with heretickes that other may the sooner returne agayne with scismatickes with simoniackes with suspended and excommunicates with adulterers with murtherers in theft in sacrilege in deacons matrimonie for afterwardes to be contracted with their protestation in priestes matrimonies alredy contracted so it be with a virgin and that he may dispence in orders and dignities vnder the state of a bishop If he ought saith the lawe as bounde by necessarie constraint of spiritual gouernaunce to dispence either in such cases where either some greater commoditie to folowe may be hoped or where the peryll of some greater inconuenience may be feared and sometyme in respecte of the multitude and to auoyde sclaunder of offence that els might be taken What may be gathered hereof by the wise reader and what auctoritie is and may be iustly thought to be resiaunt in the whole order and seignorie knit and conioyned al wholly togethers in one yf so muche be graunted to euery one of them seuerally alone If the Canons of one councell be drawen commonly to expounde an other as one lawe to declare an other then where it is decreed in the fourth councell at Tollet Quod Clerici qui sine consultu Episcopi sui vxores duxerint c. seperari eos a proprio Episcopo oportebit That clarkes that without councell or consent of their byshops haue maryed wyues c. must be seperated by their owne byshop agayne Howe reasonably then do these men crie for seperation of such of the Cleargie who dyd not vpon their owne heades attempt the state they be in and diuers of them neyther without the counsell nor yet instigation of their onely proper Diosesant but with the consent and aucthoritie of the whole order of all the Metropolitanes and Diocesantes in Englande in their deliberat consultation first among them selues and after so exhibited to the state of the Parliament afterwarde in their priuate diocesses commendyng the statutes passed and sendyng their Chaplaynes abrode in their diocesses to declare the commendations and necessitie of the same as be yet at this day auncient Bishoppes styll alyue remaynyng that can beare witnesse of this whiche is here affirmed yf they were therto required Last of all where that noble prince of famous memoriâ— kyng Henrie the
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 coÌ„fesse the same And where I might alledge bothe Thomas Albertus Stotus Orbellensis Bonauenture Durande Abbas Panormitanus Petrus dâ— 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 ê™ absolute loquendo Sacerdos peccet contrahendo matrimonium Nec ordo in quantuÌ„ ordo nec ordo in quaÌ„tum sacer est impeditiuus matrimonij ê™ Sacerdotium non dirimit matrimonium coÌ„tractum 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 GratiaÌ„ 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 ê™ nec ex violatione voti potest dissolui ipsum coÌ„iugium If the deacon will cease from his ministerie he maie lawfully vse matrimonie contracted For although wheÌ„ 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 oâ— 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. â—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 coÌ„maunded 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 marriâ— after their vowe bee adulterers but I saie that theé offende greuously whiche doe separate suche Whiche forme of wordes in suche asâ—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 senteÌ„ce vpon sodaine consideration he expresseth the same againe vpon the .lxxv. Psalme Quae autem respexit ad nuptias non quia voluit nubere daÌ„natur sed quia iam ante recesserat fit vxor Loth respiciendo retrorsum She that hath looked backe to mariage is not dampned because she