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

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

that he woulde so shewe his duetie to the kyng as he myght perfourme his obedience to the pope In his exequendis saith the storie omnes episcopi Angliae primati suo suffragium negarunt But in perfourmyng these thynges attempted by Anselme all the byshops of Englande dyd denye to ioyne with their primate Which sturryng nature of Anselme no maruayle though it displeased both the byshoppes and the nobilitie whose desire suite was after Anselmes death that the kyng shoulde chose any byshop of the seculer state or any clarke of the kynges chappell to this office rather then of this order And howesoeuer it be interpreted it is not vnlyke but that both Wylliam Rufus kyng and Henrie the first kept the office voyde so many yeres the rather for suche wylfull abusyng of their place to the disquiet of the kyng and agaynst the liberties of the Realme For so irritable was Anselme and so soone prouoked without any iust cause to go to Rome to his holy father If any thyng went agaynst his mynde then straygh-way he woulde appeale to Rome to displease the prince As this lyghtnes of his is vttered by a frende of his wrytyng vnto hym beyng at the seconde tyme as he calleth it in his exile Edm. fo 187. that he went away sponte nullo paenitus cogente neither feared with imprisonment nor otherwyse tormented nor that his sea was denyed vnto hym but only for one poore worde VVilli warewaste spoken by one certaine man named William he determined to flee and so by his fleeyng gaue the aduenture that there folowed saith his frende hereof innumerable inconueniences the vnmerciful tirannie of the prince the spoylyng of the poore the damages of the Churches the lamentation of wydowes the bewaylynges of old men for losyng their lyuynges the rauyshyng of virgins and inceste in their vnlawfull companies and that saith he that is the chiefest mischiefe to the shame of our honestie priestes to mary wyues Oh conscience brent with an hot iron makyng lawfull maryage worse then all vices rehearsed But a very litle cause myght geue any Byshop Abbot or Muncke or any of the cleargie to go to Rome at those dayes to accuse the prince and to procure the interdiction of their lande as all suche as wyll searche stories shall soone perceaue this vsuall trade In conclusion after the sayde Anselme returned agayne into Englande he dyd besturre hym selfe to restore the religious to their loste quietnes and forced on his extreme decree vpon the priestes returned to their wyues takyng the oportunitie of the kynges absence in Normandie warryng there agaynst his enemies and had the victorie of them Which Anselme thought it not only enough to remoue them from their office but also to depriue them from their benefices and drawe them quite out of the cleargie not once permittyng them to be in the quyers amongste the clarkes and suche as were not conformable pronounced them infamous and decreed farther that whosoeuer would not relinquishe his lawfull wyfe the moueable goodes of suche priestes deacons subdeacons and prebendaries that should haue any familiaritie with their wyues or shoulde haue any other women in their houses but such as were of consanguinitie nye vnto them shoulde be forfayted and delyuered vnto the Byshoppes and that their wyues with their goodes shoulde be vsed as adultresses Surely a man to much addict to his owne wyll Edm. lib. 5. without any humanitie not not shewyng his loyall affection vnto his prince in his requestes howe reasonable soeuer they were not to his owne brothers requestes For when he had decreed determinatly to go to Rome to complayne his brothers requesting him that the kinges ambassadour who should likewise go to Rome prayed that he might go in cōpanie with hym he vtterly denied the same and was vnremouable saying Quod dixi dixi which yet pretended holynes constancie discipline of the Churche for his defence In whiche extremitie yet he continued vnto his lyues ende About whiche tyme when the kyng dyd requeste hym for Thomas the younger newe elected Archbyshop of Yorke to respyte his profession wherat the sayde Thomas dyd stande doubtfull he seuerely aunswered the kinges messengers that he would the kyng to vnderstande that he woulde rather suffer hym selfe to be torne into small peeces then that he would remit any of the olde antique constitutions of the fathers or that he would remoue one houre from this his purpose Wherevpon a litle before his death he wrote his letters vnto the sayde Thomas to discharge hym of his priestlye orders whiche he had of late receaued at the handes of one of his Suffragans nor no more to presume to meddle with anye pastorall cure tyll he had made his subiection profession and that yf he woulde perseuere he forbad vnder perpetuall curse all the Byshops of whole Britanie that none of them shoulde laye handes vpon hym to the promotion of his Byshopricke And therevpon he writes Tibi quoque Thoma sub eodem anathemate ex parte dei interdico vt nunquam benedictionē episcopatus Eboracensis suscipias nisi prius professionē facias c. And to thee Thomas also I forbyd vnder the same curse on gods behalf that thou neuer take vpō thee to be consecrated into the Byshopricke of Yorke before thou makest first thy profession c. The copie of which sayd epistle sealed with his seale he sent to euery byshop of his prouince chargyng commaundyng that they vpon their obedience shoulde demeane them selues towardes the same Thomas accordyng to the tenor of the letter aforesayde Immediatly after this he departed this life the eleuenth kalends of May. Loe thus ye see that he coulde sooner make an ende of his lyfe then make an ende of his rigour If the reader wyll farther heare the storie to the ende of this controuersie concernyng the ryght of his profession as it is written by Edmer it foloweth At the feast of Pentecost ensuyng where the kyng kept his court at London in great glory and honour after the feastfull dayes past he began to enter communication with the Byshoppes and the noble men of the Realme what were to be done concernyng the consecration of the elect of Yorke and wylled the Byshoppes to go apart to discusse this cause which were in number xi They determined to call vnto them Sampson the byshop of Worcester to knowe his opinion The which byshop beyng father to the sayde elect Edmer thus aunswered Licet hunc qui in pontificatum Eboracensē electus est olim ex coniuge silium susceperim eique iuxta seculum et carnis naturam honoris ac dignitatis prouectu ius aequissime debeam multo maxime tamen id matri meae ecclesiae Cantuar. debeo c. Although this elect of Yorke be my sonne in tyme past had by my wyfe therfore owe vnto hym accordyng to the course of the world and coniunction of blood to wyshe the preferment of his honour and dignitie

wee liue of suche menne as will make vowes whiche doctrine ye write to be reproued by the next texte of sainct Iames that foloweth Whiche ye report thus Nunc autem exultatis in labiis vestris and ye doe Englishe it euen so but now ye reioyce in your lippes But how truely let the very Cobler iudge what lippes ye haue And as for the conditions aforesaied the blindest of all the Lawiers and Schoole men whiche doe entreate of vowes throughly defineth plainly that in euery made vowe this generall condition is implied and annexed If it please GOD if I maye if I liue c. In omni voto saieth some considerari debet quid liceat quid deceat quid expediat And againe Sicut iuramētum factum in materia iuris recipit omnes limitationes iuris sic votum cum ambulent pari passu that is to saie In euery vowe muste bee considered what ought to bee doen what maie be doen what becommeth to bee doen. And as an othe made in forme of Lawe receiueth all the limitations of the Lawe euen so doeth the vowe for bothe of them walke after one gate and fashion But because ye bee a lawier ye maie peraduenture thinke that your self is of as good aucthoritie as these Summaris●es be I will for your learnyng bryng you suche a writer as I thinke ye will neuer bee so good a Ciuilian as he is knowen to bee a Deuine 〈◊〉 9. cap. 18. Cirill by name who writyng vpon S. Iohn and vpon Peters bold promise confuteth your vnlearned writyng in that whole parte of your booke whiche ye doe so boldly bolster out Quoniam quae priscis acciderunt ad doctrinam nostram scribuntur hoc loco moneri nos arbitror non oportere quicquam deo a nobis promitti vt certum quasi nos domini rerum essemus partim quia quod posse a nobis fieri credimꝰ vires nostras non nunquam excedit partim quia non sine arrogantiae crimine hoc nos aut illud facturos dicimus Illud enim in omnibus quae agere volúmus dicēdum est quod discipulus Christi nos docuit Si dominus voluerit Voluntas enim apparatusque animae nobis bene agendi semper messe debet Viam autem potestatemquè agendi quam non habemus temerarium est nobis attribuere Sic deo rerum omnium nostrarum gubernationem vt decet accomodabimus tutiûs faciemus non vouentes qùam ea vouentes quae reddere potestatis nostrae non est Forasmuche as suche thinges as chaunced to the old fathers bee examples written to vs for our learnyng In this place I iudge that we be put in mind that nothyng as certen ought to bee promised of vs to God as though wee were the Lordes of thynges Partly because that it excedeth oure abilitie many times whiche we beleue maye be doen of vs partly for that we can not say that we shall doe this or that without the crime of arrogancie For this must be alwaie saied and spoken in al matters that wee will doe that same whiche Christes disciple hath taughte vs If the Lorde will For a will and an indeuoure of minde must bee alwaie in vs to do well But to attribute to vs the waie and power to do that is not in vs is a soolehardie boldnesse And so by this meanes shal we as it is mete for vs referre to God the gouernance of all matters and more safely shall we doe if wee vowe not then to vowe suche thynges as are not in ●ure power to render and to perfourme Also ye affirme fiue or six tymes in youre booke Ca. 12. P.M. that sainct Augustine called the mariages of votaries worse then adulteries and ye make hym to saie thus Non dubitauerim dicere tales nuptias esse peiores adulterio I doubte not to affirme that suche mariages are worse then adulteries Where in verie dede sainct Augustine proueth them to be mariages And saieth in that conference Non possum dicere quidèm a proposito meliore lapsas si nupserint faeminae adulteria esse nō coniugia Sed planè nō dubitauerim dicere lapsus ruinas a castitate sanctiore quae vouetur deo adulterijs esse peiores That is I cannot saieth he call the mariages of those women which be fallen from the better purpose if thei marie adulteries and not mariages but plainly I would not doubt to call their slidynges and fallinges frō their holy chastitie whiche is vowed to God to bee worse then adulteries S. Augustine confirmeth this to be his iudgement writing vpon the 75. Psalme Saiyng Quae autem respexit ad nuptias non quia uoluit nubere damnatur sed quia iam ante recesserat fit vxor Loth respiciendo retrorsum She that hath looked backe to mariage is not dampned because she would marie but because she went backe before is made like to Loth his wife by lokyng behinde her Also ye teache Ca. 12. E● 〈◊〉 Ca. 2. C. q that sainct Paule exhorted Tymothie not to marie and make hym to saie these woordes Oportet Episcopum puduum esse A Bushoppe must bee chaste Yet Chrisostome vpon the Epistle whiche he writeth to the saied Tymothie saieth that though he wished euery manne as himself was that is to meane cōtinent yet did he not require that perfection of Busshops but was content to prescribe to them not so hie a charge Lesse saieth he the Churche should want necessarie and honest ministers Of whō ye maie learne that S. Paule ment not to bind Bushops from liyng with their wiues if thei weere not endued with the gift Cap. xi y. ij Also you teache that the old lawe is confounded by the newe lawe Meanyng that this texte crescite multiplicamini growe ye and mulplie is confounded by the writyng of sainct Paule art thou free from a wife Seeke not then to haue one Where all Deuines holde that that text standeth yet as strongly for the institution of all mariages till the worldes ende as this texte He that striketh with swoorde shall perishe by swoorde standeth strongly to mainteine the lawe of the sworde to the worldes ende De habitu virginum But Ciprian writeth more learnedly and truely and saieth that this first sentence grow and multiplie commaunded generation The second sentence counsailed to continencie Yet but to them whiche be able to attaine to continencie saieth he Cap. 3. D. 1. Also ye affirme statly without all doubt that Pope Calixtus whom ye alledge to be so nighe the Apstles daies that he might haue knowen them for ye saie that he was within one hundreth yeare after that the longest liuyng apostle died Where if ye had saied within twentie yere of sainct Ihons death Dist. 82. proposuisti ye had spoken more like that he might haue knowen hym as Pighius saieth but yet so should ye both lye in so saiyng But to go on he should as ye saie

of the Apostles should bee deposed from their liuynges and that suche Deacons and Priestes as for holinesse or religion sake will expell their wiues from them ought to be excommunicated And if thei persiste to be deposed whiche said Counsaile yet ye wreste to make it sound that Priestes should bee bounde to promise a conuersion and a forsakyng of their wiues in your seuenth Chapiter when ye alledge the seconde Nationall Counsaile Cap. 7. M. iij. holden at Carthage wherein ye saie was decreed that Deacons Priestes and Busshops should be continent with these woordes vt quod Apostoli docuerunt ipsa seruauit antiquitas c. Where ye admonish the reader to ponder those wordes quod Apostoli docuerūt c. that is whiche thyng the Apostles taught and the Elders haue obserued In whiche glosyng and notyng maister Martin ye make shamefull worke as to hym that will compare these Coūsailes together will appeare For firste ye belye the Apostles to saie on their heades that thei taught suche cōuersion from their wiues as ye maie see euidently here in the sixte Counsaile at Constantinople the contrary Also this seconde Counsaile at Carthage did nothyng els but ratifie that decree whiche was made in the firste Counsaile there And that was no other but that deacons priestes and bushoppes beyng single at their admission should not marrie wiues a newe after their orders and not to forsake those whiche thei had married before hande And where ye would haue these wordes pondered quod Apostoli docuerunt c. I praie you maister Martin where did the Apostles teache suche doctrine in all their Epistles If ye alledge the .xxv. Canon ascribed to the Apostles then is that a pleasaunt Canon for your purpose to haue so many senses conteined therin sometyme to importe that Priestes maie not marrie after order and now that Priestes married maie not vse their wiues maried before I perceiue ye maie drawe what sense it pleaseth you of that Canon Dist. cum inpraeterito But when ye haue all doen M. Martin ye must come to the glose that is commonly made vpon those woordes Apostoli docuerūt id est docuerunt exemplo by exāple as the text in the decree saieth opere admonitione non institutione vel constitutione that is by deede doctrine not by institution decrée as the glose saith And this is the glosers minde on the Decretalles whom also I doe aduouche for this your confutation and detertion of your craftie peruertyng the said Coūsailes But yet how sounde this glose is that the Apostles taught by their example that after Apostleship thei forsoke their wiues the storie wil impugne it But thus I set an olde tried and aucthorised Canonist against a newe starte vp Ciuilian or a self willed Lawier Also ye affirme that Clement the seconde Pope as ye contende after Peter made a decree that Priestes and Deacons should not lye with their wiues And vpon this aucthoritée ye make a great a doe and aske how can this be auoyded with any face or colour c. and ye saie that it was sainct Peters doctrine and that sainct Peter commaunded hym to write his bookes to Iames. Cap. 〈…〉 c. How truely ye saie it let the Counsaile before spoken be iudge and let Paphnutius also bee iudge whom for shame ye can not but aduouche in your booke who resisted that any suche Lawe should bee brought in who was a good while after sainct Clement was dead and rotten And he called suche companiyng of priestes with their wiues chastitée where ye call the self same mariages that Paphnutius ment of licensious liuyng and libertie And further ye call suche Priestes as continued with their wiues Cap 9. Q. ● that thei had married before their Priesthode flat heretikes Also ye deny plainly Ca. 13. GG ● that Philippe the Apostle was married or that he had any daughters where Eusebius affirmeth it plainely that bothe Philippe the Apostle had three daughters and Philippe the Deacon and Euangeliste had foure Also ye doe aduouche it by Nicephorus storie that Philippe the Apostle liued euer a virgines life Cap. 13. GG i and was neuer married Where the self same Nicephorus euidētly writeth thus Lib. 2. ca. 44 How stōo●th it with this that the Apostles forsoke their wiues and caried other womē about with them An isti tamen Apostolos quoque reijcient Petrus sequidem Philippus liberis creandis operam dederunt Et ꝙ idem Philippus Apostolus tres filias habuit That is to saie will these a Goddes name reiect the Apostles also For truely Peter and Philip did geue theim selues to begette children and that the saied Philip the Apostle had three daughters and where ye saie that Philip caried about with hym his sister Mariamna and ye reporte these woordes vpon the saied Nicephorus Cum ipse caelibem vitam duceret when he on his parte liued a single life and was vnmaried and neuer maried The truthe of the story euen by the same Nicephorus saieth Cum ipsa vitam per virginitatem sibi exigēdam statuisset when she on her partée had purposed with her self to liue out her life in virginitée whiche could not bee spoken of Philip if he had three daughters and gaue himself to get more Also ye laboure to proofe that all the Apostles except Peter were without wiues Cap. 13. 〈◊〉 Ca. 13. 〈◊〉 1. Cor. 11. where sainct Ambrose as ye alledge your self affirmeth plainly that all the Apostles had wiues except Ihon and Paule And Orygen saieth that some of the Apostles were in wedlocke And Ignatius testifieth in a booke printed before Luther was borne whom 〈◊〉 Epistola ad philadelphien●● and the other Germanies ye defame to haue corrupted the bookes suche is youre foule shift writyng thus Sicut Petrus Paulus caeteri Apostoli qui nuptijs fuerunt sociati As Peter and Paule and other the Apostles whiche were conioyned in matrimonie Ca. S.P. ij And where ye number S. Luke the Euangelist among them that weere neuer maried Platina saieth that he liued in Pope Cletus daies and liued fower score yere and thrée and had a wife at Bithinia And Platina his reporte maie bée true though sainct Hierome saie that he liued fower score yere and fower then hauing no wife For though he died without a wife yet it foloweth not that he neuer had one And again sainct Hierome was not verie indifferent to mariage as appeareth in appliyng Salomōs text to maried folkes stultorum infinitus est numerus and furthermore in the ouermuche praise of virginitie he would saie more then inough As in his booke of Ecclesiasticall writers rehearsyng Lucius Seneca among them he writeth that he was vitae continentissimae that is of a moste continent liuyng Yet stories make mention what an excellent woman he had to wife whiche would nedes die with hym in the like death that he was iudged vnto by Nero. Let Nauclerus

saied acte of six articles and all other suche whatsoeuer I aske of this Ciuilian whether because no great strong lawe is peraduenture in force at this daie in the realme for punishement of Heresies the whole realme Nobilitée Clergie and Commons lieth faier flatte wide open to all the Canons of the Churche or no by reason of this forsaied act of Kyng Edwardes repeale Whether his slepyng Canons shadowed for a tyme muste nowe a wake and come to light to shewe their faces and to playe ther partes If this Lawier saie yea as he doeth plainly in the case of Priestes mariage I thinke all the realme that knoweth the tract of those Canons and haue felt the breathe of them will I weene as boldly saie naie and swere it to in their owne cases And I thinke it should stand thē all in hande to holde that opinion as strongly as thei holde any Copie or freée hold thei possesse Thei might els peraduenture standyng suche ordinarie Iudges and Commissaries as somewhere thei shew themselues be driuen out of the best holds thei haue Whiche matter because it is weightier then I am able to discusse I leaue it to be expended noted among the Studentes of the temporall Lawes for their owne gaine and their frendes to so it might hap vt ne pridie fortasse faciāt quod pigeat postridie ▪ That thei doe not that one daie whiche thei repent the nexte daie And if these studētes list to see but a little taste of the church lawes in cases of Heresie how indifferent and easie thei bee let them loke no further 6. decrete but on the lawes of that holy father Bonifacius the eight of whom Platina writeth that he entred into his papacie and Busshopricke like a For liued therin like a Lyon and died out thereof like a dogge Upon whose death the saied Platina writeth Afther this sort saieth he dieth this Boniface whose endeuour was rather to cast a terrour vpon Emperours Kynges Princes Nations and People then true Religion As for golde he gathered of euery hande beyonde all measure And heere therfore saieth he lette all Secular and Spirituall rulers learne by his example to vse their aucthoritie ouer the Clergie and the people not proudly contumeliously as he did but vertuously and courteously as Christ our gouernour did and as his disciples and true folowers vsed And let them rather desier to be loued of the people then feared whence springeth iustly the destruction that is wont to fall on tirauntes Thus farre Platina But to returne againe to this mans assertion wherin he defineth that the church Canons be ready watchyng straightway to fall into mens neckes vpon repeale of suche statutes as kept them backe whiche he doeth so boldly that belike the wise and well learned Commissaries in diuerse places without further aduisement taketh vpon them wonderouse stoutly to seperate not onlye Regulers but Seculers too against their willes and consentes Upon which their daynges I would aske them a question how thei can glose the wordes of Kyng Henries statute in his xxvij yere where it is plainly decréed in lawe that all maner Licences Dispensations and Faculties obtained of the Archebushop of Canterburie in matters not repugnaunt or contrary to the holy scriptures and lawes of God shall stand in full aucthoritie and strength without any reuocation or repeale hereafter to bee had of anye suche licence And I knowe diuerse maried Priestes whiche haue suche dispensations some corroborated by the Kynges broade Seale some by the saied Archebusshoppes seale I would faine learne how thei vnderstand these w●ightie lawes of the realme Belike as thei haue proceded in depriuatiōs of many men neuer called or cited neuer conuict nor confessed some called on th one daie and flat depriued on the next daie not examinyng whether he were seculer or reguler maried before orders or after without all maner inquisitiō So belike thei desire to proceade in separations against bothe Gods lawe their owne And as for the lawes of the Realme thei make but washe waie of them so little comptyng of them that if a lorde should see his tenauntes in his Court baron so little regard the bye lawes of his courtes he would thinke them not vnworthie to lose their Copies And therefore me thinke this Ciuilian doeth little good seruice to the maiestie of the lawes of the realme nor yet any pleasure to the learned in the lawes whose professiō is to sée the lawes kept in strength indifferently and as thei professe it in their Sergeauntes rynges Or els their occupatiō will be s●ne out of estimation Yea if ye consider the drifte of his boke ye shall perceiue that he laboureth by all meanes Loke in his ix Chapiter Litera R. vnto the ende of that Chapiter and expend it to aduaunce all foraine lawes whatsoeuer farre aboue themperial lawes of our countrée For he saieth that it is but a poore shifte for an Englishe manne to stande to the statute lawe of the Realme if the Churche Lawes bee against hym And in his conference byndeth strongly vpon Ciuill constitutions of the Emperor Yea moreouer bryngeth in a greate armie of Prouinciall constitutions made of Clarkes of Conuocation onely in other foraine realmes to counteruaile yea to deface and skorne out our statutes and temporall ordinaunces as he maketh but a lippe at them in effect For he saith that all statutes made against the lawes of the Churche be to be demed ipso iure ipso facto vnlefull voide and of none effecte And the Spirituall lawe must medle with Spirituall matters where the kynges aucthoritée maie goe plaie hym his Iudges and Sergeauntes maie haue in hand their leauynges and suche as thei will truste them with Oh if kyng Henry were a liue againe thinke you this man would so write to teache his subiectes And hath kyng Henry of all suche as he hath promoted with liuynges and lordships no frendes Or rather the truthe it self yea the honour of the Realme no patrones to monishe this Ciuilian what he goeth about Shall this geare bee applauded to and magnified Let gloses be gloses and will will but let lawe be lawe againste all captious Ciuilians And as for the Commissaries them selues who aduentureth belike vpon his writynges so boldely maie one daie bee called before God to shewe how well thei haue proceaded euē in their owne lawes Yea the Queenes maiestée maie fortune call them to accoumpte Whose grace willed them in these very matters to proceade agreably to learnyng and discretion Articles of Commssion in print published And in the very front of her graces articles chargeth the Ecclesiasticall Ordinaries to put in execution the Canons and Ecclesiasticall Lawes no other but suche as were vsed in the tyme of kyng Henry the eighte And commaundeth also moreouer that those should no further be put in execution but as thei maie stande with the Lawes and statutes of the Realme I could here saie somewhat but that I

yet I owe that thyng most chiefely to my mother Churche of Canterbury and therevpon I iudge that he ought to make his canonicall profession to the Church of Canterburie for I was present when that my brother Thomas the elder his vncle xxxvij yeres past Archbishop of Yorke was dryuen by inuincible argumentes to make his profession to Lanfranc then archbyshop of Canterburie and his successours Whiche sentence yet of his father though the kyng and the byshoppes dyd well alowe and with expendyng the recordes of the same yet the sayd Thomas the younger elect woulde not so submit hym selfe Thomas stobues in catologo Ebor. ca. 52. Wherevpon the kyng beyng moued pronounced that eyther he shoulde do it or els he woulde discharge him of the Byshopricke and not only lose his fauour but also he woulde expell all his kinrede out of the Realme Wherevpon Sampson byshop of Worcester his naturall father and Richarde Baiocense his brother so nye of kinrede were instaunt vppon hym And though that Ranulph byshop of Durham promysed the kyng a thousand marke in money and to the Queene a hundred yet it auayled nothyng saith the storie for the kyng would not be corrupted with money and so at the laste the sayde Thomas made his profession and lyued but v. yeres in his dignitie and dyed a young man as the storie saith beyng a very corpulent man If the reader wyll nowe vnderstande what successe this foresayde decree of Anselme had after his death thus wryteth the storie That though the decree was somewhat calde on after hym by the kynges commaundement yet he relented and so it folowed saith he that the priestes toke their wyues agayne which they had or els renouncyng their former toke others and freely maried harlottes so saith the muncke In which discourse he maketh insinuation that standing the tyme of the prohibition thers were both fornicatours and adulterers and such as committed incest with their nygh kynsefolke not onlye with their sisters but also with their owne daughters so that saith he though this good father after the example of the feast maker called many to the feast yet in no respect was there any effectuous obedience geuen vnto his wordes For saith he let hym reade that wyll the text of this councell at London and well consider the statutes therof and let hym then iudge who it is that obeyeth them who it is that fulfylleth them or what he is that accompteth them not vayne So that the priestes and the prebendaries obteyned so muche with their Byshops and Archdeacons that suche priestes as dyd relinquishe dyd returne againe to their wyues as is sayde before Whiche sayde matter is here brought in not as alowyng any thyng that was committed agaynst the precepte of God but to shewe what speede hadde this his decree in his lyfe tyme and what successe this vnreasonable tradition hadde after his lyfe If you woulde knowe the cause or grounde that might moue this father Anselme otherwise learned and of austere conuersation although in this to be feared rather to be of the number of them of whom Saint Paul saith In hypocrisi loquencium mendatium cauteriatam habentium suam conscientiam prohibentium nubere c. Forsooth his redy good wyll and accesse to the holy father of Rome the supportation that he founde there the spiced conscience he had in his wrong obedience vnto that sea esteemyng hym so hyghly supra id quod colitur made hym to esteeme his prince the lesse ii Thess. ii and from tyme to tyme troubled and endaungered his Realme in his office to the disquiet of the people enducyng in his bronded conscience fedities and enormities innumerable Whiche his blynde zeale not accordyng to knowledge Henrie Beuclarke well vnderstandyng dyd not only staye his importunitie but also resisted the popes auctoritie to his owne face doing in his princely estate as appertayned to his kyngly ryght Though that Anselme the popes proctor dyd aunswere that he would not for the price of his head consent to the kyng agaynst the popes prohibitions except it were dispensed withal agayne by the sayde pope vpon the kynges wordes Quid mihi de meis cum papa quae antecessores mei hoc in regno possiderunt mea sunt hec si quis auferre mihi voluerit quod inimicus meus sit omnis qui me diligit certissime nouerit What haue I to do with the pope concernyng myne owne That which myne auncestours haue possessed in this Realme be myne whosoeuer woulde take these from me let all that loue me certaynely knowe that he is myne enemie Which stout wordes of his so spoken might declare what he knewe Surely he was like for his knowledge to haue done as much in expellyng his vsurped aucthoritie yf oportunitie of tyme had serued hym as his successour long after hym kyng Henrie the eyght brought about and finished Whiche thyng is well signified by the wordes of his owne letters written to kyng Henrie Edmer wherein Pascall the pope complayneth that he dyd in his Realme all as pleased hym and that he restrayned the messengers and letters of the sea apostolyke that they coulde haue no passage or be permitted to enter into the Realme without his suffraunce and further Pascall chargeth hym that without the knowledge of the popes holynes he doth kepe synodall councels where he insinuate that all the wayghtie causes of the Churches throughout his whole prouince should be determined by the vicars and the deputies of his holy sea And further he chargeth hym that besyde his auctoritie he presumed to make translation of Bishoprickes at his pleasure which sayth he can not be done without the licence of the sacred holy sea of Rome And farther to set out howe the knowledge of this kyng made him well to vnderstannde his vsurped auctoritie in his Realme and well perceauyng howe the Realme was wont to be abused by shamefull exactions and expilations which his legates vsed to do within the same was weery of the sayde abused aucthoritie Wherevpon pope Calixtus after his councell holden at Remis anno dn̄i 1119. came vnto Gisortiū Edmer to speake with the king had conference with him When the kyng had obteyned of that pope to haue all such customes which his father had in England in Normandie and especially of all other that he should not suffer any man to vse the office of a legate at any tyme in Englande except him selfe did require the same for such matters which coulde not be ended by the byshop of Canterburie and the other byshoppes of the Realme All which thynges sayth the storie beyng thus determined the pope doth make request to the kyng for his loue to be frendly vnto Thurstone Archbyshop of Yorke to restore hym to his Byshopricke Wherevnto the kyng aunswered that he woulde neuer do it whyle he lyued for he saith he hadde so promised vppon his fayth Whervpon Calixtus dyd aunswere Ego apostolicus sum si