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

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 yere of that noble Kyng Henry the eighte whiche is not as yet repealed but confirmed a newe for some parte thereof concernyng the prohibitions of the Leuiticall Lawe and standeth in sure force at this very daie wherein is plainly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

prince lyke hym in repressyng the wronge exactions vsed in the Realme and that gouerned his subiectes more wyselye in peace and quietnes none that dyd more reuerence ecclesiasticall persons and that better maynteyned the poore or the religious by his expences and that after his death he saith by and by sprong vp all wicked men disturbers of peace murderers and robbers with al kynd of mischiefes Which princely qualities saith Wylliam of Malmesburie he gote by his education brought vp and instructed in all the seuen liberall sciences Which education was in the vniuersitie of Cambridge saith Thomas Rudborne so that his learnyng was a great cause of the wyse gouernyng of the Realme He hadde worthyly the name of Beuclarke whom his father Wylliam the conquerour purposed to haue preferred to a Byshopricke Scala chron and therefore caused hym to be instructed in learnyng whiche turned as muche to the commendation of the father for that he iudged a Byshop ought to be learned and that not only blood and other corporall ornamentes commended so muche the partie a man to be of that vocation as prudence gotten by learnyng and knoweledge In whiche his knowledge the sayde Henrie toke so much delectation VVil. Mal. and founde the fruite therof so necessarie in gouernement that he was wont to saye Rex illiteratus Asinus coronatus a Kyng vnlearned is an Asse crowned This man so wel vsyng his gouernement to Gods pleasure that Henrie Huntyngton who lyued in his dayes testified that God caused his fame to be spread through the whole worlde and that he gaue hym three special gyftes wisdome ryches and victorie in such aboundaunce that he excelled saith he all his predecessours Edm. lib. 6. Some proofe of his graces good qualities may be considered partly occasioned to be remembred by this foresayde archbishop Rodulph who at a certaine coronation of the kynges newe wyfe Atheleida daughter to Godefride duke of Lorayne in the xxi yere of his rayne the sayde Rodulphus beyng thexecutor of the solempnitie at masse and at the alter in his pontificalibus castyng his eyes behynde hym and seyng the sayde kyng syttyng on an hye throne with the crowne on his head he went in a great haste from the alter vp to the kyng whom he knewe was not crowned by hym or his predecessour At whiche sodayne commyng the kyng reuerentlye rose vp to hym and the byshop asked who had put on that crowne on his head The kyng with a sad countenaunce aunswered that he had no great care therof and therfore he sayde with a modest voyce that it was out of his remembraunce Ueryly saith the byshop whosoeuer put it on dyd it not by any ryght and as long as it standeth vpon thyne head I wyll not go any farther in ministration To whom the kyng did aunswere If not ryghtly as you saye it be put on do you that which you knowe most to be done with iustice ye shall haue me no gaynesayer in any thyng Wherevpon the byshop lyfted vp his handes to take of the crowne frō his head the kyng as redy to vnlose the lase vnder his chynne wherewith his crowne was stayed on his head the lordes perceauyng that attempt they all with a loude voyce cryed vppon the byshop to spare the kyng and to suffer the kyng styll to weare it on his head in that solempnitie Which thyng the byshop at length permitted and standyng there neare the kyng crowned he began the Gloria in excelsis the quyer folowyng he afterwardes retyryng to the aulter agayne Further to amplifie the quiet spirite wisedome and modestie of this kyng in this fact I shall not neede but leaue it to the reader to iudge what benefite this king had by his learnyng To note the vntimely importunitie of this Rodulphus what his wisdome or wylfulnes was I also leaue it to the readers iudgement but I woulde the reader speciallye to beare in remembraunce whether as it is sayde before after Anselmes death the byshoppes after Rodulphes death were not iustly moued to be suiters to the kyng to haue their Archbyshop otherwyse chosen then out of the munckes coate whose wordes be these as the Saxon chronicle doth report them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Anno. 1123. Then spake the byshoppes betweene them selues and sayd that they neuer more would haue any man of munkes order to be Archbyshop ouer them for they neuer alowed nor loued munckes rulyng and the kyng graunted that to them Nowe to ende the storie of this tyme to set out before your eyes the marueylous wisedome that this kyng gathered by his learnyng in his youth It is written in common historie that the kyng came from Normandie into Englande which was a great cause of mirth and ioy that the people made for his prosperous returne But the next day after certayne of his sonnes daughter and neece with other very many of the nobilitie men women and chyldren and some of the cleargie folowing hym in the seas by misfortune were all drowned as before is sayde except one poore base man which escaped to tell the misfortune Which heauy casualtie many men dyd much maruayle at and were very sorowfull But yet were they sooner pacified vpon the kynges example when they sawe hym whom it dyd moste respecte to beare it with so manly a mynde referryng it with a quiet gesture and voyce to the equitie of gods iudgementes which no man can resist For as comfortyng hym selfe sayth the storie he sayde with a lowly spirite As the Lorde pleased so was it done be the name of the Lorde therefore blessed for euermore Amen Thus farre haue we enlarged the matter vpon reheasyng the tyme of Rodulph when this kyng dyd raigne whose godly qualities ought to be had in memorie for the notabilitie thereof for euer to the settyng out of Gods glorie to the commendation of learnyng the fruite whereof this prince shewed so maruelously VVilliam Chro. Ceno Mart. an 1132 After this Rodulph folowed William aforesayde in whose dayes almost all London was brent by the fire of Gilbert Becket This William renewed the same lyke constitution of Anselme in his tyme Pag. 217. by the helpe of the popes legate Ioannes Cremensis a priest Cardinall who after he had ben very costly and chargeably enterteyned with gyftes and rewardes and after that brought honorably to Canterburie and there on Easter day sang the hye masse at Christes aulter and after his great progresse goyng from byshop to byshop Chro. Saxo. Pet Burgēs from abbey to abbey and commyng after that about the natiuitie of our Ladye to London kept his councell there in which the legate dyd commaunde that Anselmes decree should be obserued better then it was but all preuayled not sayth the Saxonicall storie and he afterwarde departed home to Rome with shame enough In this mans dayes Chro. Ioren in anno 1135. Robert Bloet muncke of Euesham byshop of Lincolne had a sonne named Simon whom he made deane

of men for cause of procreation and in the fayth of chastitie And here I do appeale to the consciences of such as name them selues catholyke men whether that it hadde not ben more honorable to God more agreable to his worde and more commendable to the Churche for that spirituall blynded byshop Hugh sometyme byshop of Dunelme in this Theobaldus tyme and with more honestie haue folowed the example of this Richarde of Chichester in his matrimonie VVylliam Nubri lib. 5. cap. 9. then to be a notorious concubinarie fornicatour or rather adulterer when he was treasorer in Yorke Churche hauyng belyke without shame three diuers concubines of which he had three diuers sonnes as witnesses of their fathers iniquitie of whiche he was so little ashamed that he ioyed in them and had suche blynde loue towardes them that he preferred one of them Henrie deputiaco to be one of his hostagies for delyueryng vp the castle of Wyndsor to the kinges chauncelour to ryd●e hym selfe out of prison at Southwell who by his fylthy lyfe deserued to be destitute of Gods grace Houenden anno 2. Ric. primi and so to spende his whole lyfe after he was byshop in sumptuous wastfull buyldyng of his castles couetous gatheryng to feede his ambitious desire in bying of his Earldome of Northumberlande and heapyng and hoordyng treasures togethers so he was made a common pray to the prince and a mocke to the people after xlii yeres beyng in his Byshopricke and beyng deluded by a prophesie loked styll in his dotyng age for x. yeres lenger but God cut hym vp as he was huntyng for more dignities choked in his iorney vp to London with gluttonous ingurgitations toke a surfet as the storie telleth makyng his ende impenitently and after his death al his good● notwithstandyng his testament makyng confiscated to the kynges coffers and his especiall frendes and seruauntes stretched vpon the racke to confesse and declare the whole of his goods vpon whō nothing was bestowed to priest clarke his churche or the poore And here it might be asked howe Anselmes so rigorous constitution not long before decreed or Williams constitution against concubinaries were so much forgotten of such as dyd elect this infamous man to the dignitie of a byshop or continued hym in the same so notorious as he was Belyke the canons were voyde and decrees serued but to suppresse true and lawful matrimonies not much caryng for the reformation of notorious and monstruous concubinaries If they had not had a conscience marked with an hot iron yf they had not ben men speakyng lyes in hypocrisie they coulde not haue dissembled this state of lyfe to be so aduaunced and their eyes so wyde open to rebuke and deface gods holy institution so separatyng them a sunder whom god had coupled togethers transgressyng the precept of god for the stablyshyng of their owne traditions the matter so horrible so apparaunt cannot be coloured howesoeuer it be gorgeously set out to the eye by the vaine endeuour of the aduersaries And say what they can yet shall matrimonies be honorable before God and adulterers condempnable in the iudgement of godly learned persons I say not only honorable in the laitie but also in the cleargie to the which state whomsoeuer almyghtie god calleth vnto as that noble emperour Iustinian auoucheth his iudgement in the same In nouellis const 3. Saucimus esteemyng Epiphanius the archbishop of Constantinople so muche the more Quod ex sacerdotibus genus originem duxerit And if the the testimonie of Reymund in his sonne may be taken he wryteth agreablie to this and sayth farther that the priestes of Grece regarde not any vowe of chastitie in their holy orders and celebrate diuine seruice hauyng their lawfull wyues Finallie in the laste yere of this mans Bishopricke Fol. 85. in Glosa Floriger anno 1160. Mat. Par. 1161. Marie the Abbesse of Ramesey of some infamie noted in her Abbey daughter to kyng Stephen was maried to Matthue Earle of Bollon with the kynges fauour and the nobilitie and had two daughters by hym at which mariage Thomas Becket then the kynges chauncelour hadde great indignation at the vnlawfulnes therof Wherewith the kyng was offended and for his earnestnesse in the matter saith the storie suffred many great displeasures and persecutions of the earle Belyke he was blowen with a peece of Hildibrandes spirite of Anselmes austeritie for tolleratyng thynges agaynst his deuotion What woulde he haue ben towarde the same kyng Henrie yf he had liued in the yere of his raigne xxiij when the kyng caused Barthelmew Bishop of Exeter and Roger of Worceter to repayre to the Abbey of Almesburie to depose the Abbesse there for the imfamie of her lyfe Whiche Abbesse after her profession in religion Chro. Roff. anno 1155. VVylliam Thorne anno 1168. was proued to haue ben deliuered of three chyldren And the lyke systers in her house were lykewyse dispearsed and dryuen out of their cloysters and houses and fylled vp the Abbey agayne with Nunnes sent out of Founte Euerarde And further the kyng hauyng pitie yet on that good Abbesse beyng thus degraded thereby myght perishe by hunger and neede promised her yerely twentie nobles and dyd suffer her to go whyther she would at her owne libertie This permission and discharge of their vowes and profession belyke woulde haue much displeased the sayd Thomas Thomas Becket being so angry with the Abbesse of Ramsey for her lawfull matrimonie Nowe this man aforesayde was elect archbishop of Canterburie next the sayde Theobaldus whose chaplen he was by whom he obteyned the Archdeconrie of Canterburie in whose time almost al Canterburie was brent by the punyshment of God M Pa 1161. M. VVest 1161. Lib. Roff. with the Abbey of saint Augustine as their storie doth declare He made no great a do by any constitution agaynst priestes maryages because he was otherwise fully occupyed Then after hym came into the sea the Prior of Douer sometyme munke supprior of Canterburie Richarde in whose firste or seconde yere the church of Canterburie was consumed by fire Richarde 1184. Chron S. Augustine Geruasius anno 1177. Chro. Roff. and within foure yeres after that was brent with fire the churche of Rochester the seconde tyme with all the offices of the whole citie aswell without the walles as within To whiche Richarde was come from heauen a voyce in these words Tu quis es tu es qui dissipasti bona ecclesiae tibi commissa ego dissipabo to de terra Thou what art thou art he whichh hast wasted the goodes of the church cōmitted vnto thee Gualte Couent therefore wyll I waste thee out from the earth And so at the towne of Halynges saith Rochester storie he was sodenly stryken with a colicke and dyed Yet dyd this man in this day kepe a synode at Northampton where Hugh the popes legate was present and an other at Westminster anno 1175. v. kl Iulii