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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

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 ●xtra de voto quod voti re●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 ꝙ alia est causa monachi alia clerici ▪ And further there is written ꝙ plura profitendo promittit Monachus quā recipiendo sacrum ordinem clericus And for diffrence it is written in the Extrau of Ihon the .xxij. Chapiter Antiquae Coniugatus ante copulam sacrum ordinē suscipiens cogitur ne ad cōiugem sed habitum monachi suscipiens Ex●t de cōuers comugas Cap. verum ●●vobas qui transgredimi mandatum Dei propter traditione● 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 Bonau●nture .iiii. sententiarum Distin .xxxvii. doe agrée Whervpō 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 L●ā 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 ▪ 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 Gardine●us contra Bucerū 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 ●●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

the Quéenes highnes and so haue moued you to bee pitefull to our escapes and ouersightes into the whiche ye impelled vs with greate laisure of daies and yeres If we can not in our small and weake learnyng nor in our timerous conscience see cause so sodainly to decline againe to our old vomite whereof ye your selues ministered vs so strong purgatiō Can ye beate vs banishe vs proscribe vs and our parsones if wee doe not at the tourne of a yere perswade our selues seyng your selues were not so hastie or readie till all your senses were throughlie instructed and certified Oh fathers be ye yet mercifull in punishyng your owne transgressions in our bodies and persones whiche be what soeuer we be your members though your bodies and persones enioye your immunitie from all suche afflictions Wee doubte not but the consciēces of some of you feeleth some greif with vs though our consciences bee at quiete vpon the grounde of your inuincible doctrine and though our bodies states and goodes be sore intreated Furthermore vpon your late assertions debatementes and subscriptions in your house of Conuocation with cōmon assent presented to the high Courte of Parliamente and by the whole aucthoritie thereof so condescended vpon and enacted standyng the full right title and interest of the said primacie without cōtradiction of any one man that was present to obiecte againste the saied supreme power in the Prince yea the self same men whiche now at this daie seme to dissent of whom some were absente yet in Parliamentes diuerse and many tymes before expressyng their assentes in matters of like conferēce we thought hereby we might haue learned an vniuersall stable determination with all other to haue ieoparded not our goodes and liuynges but our liues and soules And all this notwithstādyng shall all your rightes and interestes bee still sarta tecta and our one onely facte in suche wise extended to bee so irremissible that it muste bee reuenged with all the rigour and extremitie that any enemie would seke at his enemie And you O fathers the executours of the paine that were the aucthours of the crime If this bee so verely then maie some men doubte whether we haue not iuste cause to saie Oze v. Hiere v. Quòd compleuit dominus furorē suum effudit iram indignationis suae in nos Si sacerdotes ipsi laqueus facti sint speculationi laqueos ponentes pedicas ad capiendos viros That the Lorde hath accomplished his furie and hath poured out the wrathe of his indignation vpon vs. If the Priestes them selu●● are become a snare settyng trappes for the watchemen and laiyng grinnes to catch men in But muche more then haue ye cause to discende into your owne hartes and consciēces to bewaile your selues that God would so suffer you to wander in your owne vanities that where as ye might and ought to be plantatio dn̄i ad glorificandū Esay vi Psal. xxii ii Peter ii Iude i. Esay x. virga baculus consolationis dn̄i The planting of the Lorde to glorifie him the rodde and staffe of the Lordes comforte now ye should be no other but Nubes aquā non habentes que a ventis circumaguntur inescantes aīas instabiles Cloudes without water whiche are caried about with the windes beguilyng inconstante soules and so finally ye should be virga furoris domini that is the rodde of Goddes wrathe If ye would haue a chaste clergie O fathers is it this waie sought as ye yet I saie not altogether ye but certaine vnder your aucthoritie haue handeled the matter If you would haue had them fatherly sought to haue been wonne and by mutuall assentes of their coniugalles to haue béen continent in déede whō ye found contracted whereby thei might haue doen seruice againe in the greate necessitie whiche ye maie see in the churche of England is it this waie procured Is thus the honour of the Clergie preserued to driue out so many twelue of sixtene thousāde as some writer maketh his accompte to so greate a perill and an aduenture of gettyng the liuynges God knoweth how and by what meanes a greate parte of theim and after all this doen and executed to the vttermoste and beyonde so farre against all iustice vpon a greate nomber euen after the charges of the cure serued the Tenthes and Subsidie paied and at the poincte of receiuyng that whiche was before labored for and deserued that snatched out of their mouthes by preuentiōs Furthermore as though all this were yet to little some certain what thei be knoweth God to set vp so intemperate a tongue so importunate a Ciuilian forgetting his owne shame so vilely to blotte them with shame for euer disablyng them to be ministers again for any credence and thereto to endaunger theim their bodies and gooddes if it were iustifiable that he prateth out Sed qui operit odium fraudulenter reuelabitur malicia eius in consilio Pro. xxvj Qui fodit foueam incidit in eam qui voluit lapidem reuertetur ad ipsum But he that couereth his hatefull minde fraudulentlie to doe hurte his malice shal be shewed before the whole congregation Who so diggeth a pitte shall fall therein hymself and he that whirleth a stone shall stumble vpon it hym self As for his witte how wittie so euer he would seme to be and as for his learnyng hauyng no more then is here vttred how vniuersall yet so euer he would haue it appere were sone aunswered with an easte coste Marie your aucthoritie is more to be feared in this cause and yet your greate learning maie temper the feare of your aucthorities perswadyng to our selues that ye knowe your aucthorities geuen ad edificationem non ad destructionem to edifie and not to destroie doubtyng nothyng of your wisedomes that ye meane not to doe as ye will but as ye maie And that ye consider the state of the cause as it standeth in England the difference of the tymes that were once in the Churche and as thei be now their oportunities of folowing that grace whiche was so muche then ensued and yet their libertie to leape backe againe if experience shewed an inuicible difficilitie and our daielie intrications and necessities of liuyng in companie their plentie of learned ministers and our scarsitie not yet makyng hereby any sinistrall insinuation but affirmyng plainly that it were the better hauyng all other thynges accompaniyng the same without the whiche it were not commendable De virgininitate And yet as plainly affirmyng againe with saincte Augustine ꝙ melior est in scriptura dei veritas dei quam in cuiusquam mēte carne virginitas hominis That the truthe of God Contra Iouiniam contained in the Scripture of God is better then the virginitie of man whether it be in the minde or fleshe of any man with S. Hierome concludyng ꝙ non sunt tanti virgines quanti necessarij sunt sacerdotes Nunquid saith he quia in exercitu

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

cuiusquam secundas hinc enim maximè Cataphrigum ac Nouatianorum haereses tumuerunt quas buccinis sonantibus non sapientibus etiam Tertullianus inflauit dū secundas nuptias tanquam illicitas dente maledico confudit quas omnino licitas Apostolus sobria mēte concedit Ab hac sanitate doctrinae nullius indocti nullius docti disputatione mouearis nec ita extollas bonū tuum vt quod malum non est tanquam malum crimineris alienum Like as the goodnes of holy virginitée which thy doughter hath chosen doeth not condemne once mariyng so neither doeth thy widowhode condemne seconde mariages For from hence swelled the heresies of the Cataphriges and Nouatians whiche heresies Tertullian blowed vp with trumpettes that sounded greatly although thei were not very wise when as through his railyng he confoūded the seconde mariages as vnlawfull whiche notwithstandyng the Apostle very descritly graunteth as lawfull From this soundnesse of doctrine see thou be not moued by any mannes disputyng or reasonyng whether he be learned or vnlearned neither so extoll thyne owne good thyng that thou shouldest accuse as euell and laye it to an other mannes charge that whiche in deede is not euill Marie in deede Cap. ● whiche I had forgotten his foresaied holy writer Innocent in the same Epistle of Decrees telleth vs that yet it is written in scripture Vnius vxoris virum iterū sacerdotes mei semel nubant Et alibi sacerdotes mei non nubant amplius That is an husbande of one wife And again Let my priestes marrie once And in an other place Lette not my Priestes marrie often Now whether he wrote thus that God ment it of his Priestes or Paule ment it of his priestes or Innocent ment it of his Priestes I wotte not but our Romishe Busshoppes and Priestes of these daies meaneth it of no priestes now Therfore thei agree like Harpe and Harrowe yet thei agree all with sainct Hierome whose aucthoritée is of it self to bee had in credite of euery good Christian man Cap. xi ● ●● saieth maister Martin whiche Hierome geueth so many slaunderous names to Laye mennes mariages that Tatian neuer spake halfe so many Whom this maister Martin foloweth so well Cap. 13. HH ● that he saieth that mariage is the basest state of life in Christes churche yet he saieth it is very honorable Loe ye see how he honoreth it euen as the Iewes honored Christ when thei sette a croune of thorne on his head and put a purple robe on hym and saluted hym with the name of a kyng Euen so doeth this man kisse Mariage with Aue rabbi Haile maister Cap. 13. II. ● Yet he saieth that married folkes can not come to the feast and the feast is no other but eternall life And saieth that vpon this place sainct Paule grounded his saiyng scz he whiche hath a wife is deuided And saieth that marriage is halfe dissuaded by sainct Paule Cap. xi BB. ● and moreouer calleth Marriage but distraction bondage a vexation of the fleshe pentifulnesse and knitteth vp the matter and saieth who can deny but that Paule coumpteth hym that hath a wife to bee tied bounde troubled distracted and in seruitude Now when this doctor wringeth in sainct Paule in suche contorted insinuations yet the Laye men muste thinke that he hath made a wittie booke that thei laugh pretely at hath good sporte therewith where I thinke if Paule were aliue Lib. 2. Heresi 6. ● he would saie that he were distracted of his witte so to abuse his places and saiynges Yea if Epiphanius were aliue he would saie no lesse by hym then he did by a certaine heretike called Hierax who to like purpose and after the same maner distorted these textes of sainct Paule Innupta curat ea quae sunt domini diuisa est vxor virgo propter fornicationem vnusquisque vxorem suam habeat c. The vnmaried virgine careth for the Lordes matters but a wife and a virgine are two yet for the aduoidyng of fornication lette euery manne haue his wife Upon whiche places he concluded saith Epiphanius that Paule praised not mariage but bare with it to auoide further mischief Whiche saied heretike with his adherentes did so rei●cte Matrimonie as also sainct Augustine testifieth the same of them that thei would not haue any suche of their companie that had wiues Thus saith Epiphanius thei pretende the pure virginitée of the churche but yet had no pure consciēce but a conscience marked with an hotte yron forbiddyng mariage Neuerthelesse thei were well and iustly scorned saieth Epiphanius for their dissimulation seyng thei had notwithstandyng women emongeste them whom thei coloured vnder pretēce of doyng them seruice Now compare D. Martin and his complices with D. Hierax and his disciples and then consider how farre thei disagree Marie as for Priestes mariages doctor Martin calleth them incestuous and detestable enormitées sacrilege synne and adulterie worse then adulterie preuarication whoredome and beastly bitcherie abhominable vntollerable and last of all that ye maie see the whole botome of his bouget tourned vp that he hath spent all his Rhetorike bagge he resembleth it to the crime of a cutte purse And I warrant you he that will not allowe this geare thus excellently written if he maie come by hym it shall go harde but that he will procure to haue his eares nailed to the Pillorie And here maister Martin followyng you thus farre in one of your vnlearned lyes I leaue you For if I should follow you to note your slaunderouse lies as I haue in part noted some of your lyes in learnyng I feare I should make bothe my self wery to write them the reader angrie with you to reade them Although you peraduenture would not bee muche ashamed to see them vttered For it may be well verified of you that ye cōtort to another He that is once ouer his shoes forceth not afterward how déepe he wade in the myer He that once hath cast of the face of shame honestie taketh no great thought after that who loketh in his taile As for exāples of your slaūderous depraunges ye belie the Germanes others whom ye call the newe preachers to saie that thei call praier liplabour fastyng hypocrisie cha●titie abstinencie the deuils doctrine cōtempnyng the sacrament of thalter callyng men from chastitée to a life contrary to thesame Thei call your patteryng praiour which is at this daie vsed of your ministers without affection of hart or sense of vnderstandyng a very houling into th aire with S. Paule a vain bablyng with our sauior Christ. Thei cal your sāctification of your Sabboth daies as ye kepe thē in your high feastes suche as at Lyncolne was kept on Pentecost last but abhominable to God mockage and very Bacchus feastes Sacrifices of Venus in filthie tales and stories Concil Mog●●tinum cap. 48. Anticio●or concil cap. 9. Contra Iudeos condempned by your owne coūselles Thei cal your

matters of their soules the honorable groundes of our fayth the maiestie of Christe of God hym selfe Is it lyke that God wyll powre there his spirite of trueth of puritie where suche lyes such fyltynes is kept in store where mere malice wryteth and slaunder so doth aduaunce her selfe Surely the longer suche men write in this sort the farther of they dryue indifferent conscionable men from them and the more earnestlye prouoke the weake men to reuenge their spyte in them selfe and in their frendes the more prouoke they some men to vse some bitternesse againe and to put abrode in syght that whiche otherwyse myght haue ben kept in scilence Which for that stories be cōmon though some yet in fewe mens handes so farre as the reuelation may make to extoll gods glorie his trueth and veritie to make the blynde worlde to see somewhat except they be altogether blynde is some mens intendement rather peraduenture prouoked then sought of purpose so to weare out the vaine tyme of this pilgrimage tyll the sonne of man shal come Vt auferat omnia scandala omnes iniquitates qui reddet vnicu●que secundum opera sua iustus iudex But a gods name why shoulde they make this their doctrine of transubstantiation and grosse presence to be so newe that Berengarius must be the first auctour most vntruely so faced out Where auncient recordes proue so farre the contrarie and setteth out suche the true doctrine so to be vrged and appoynted both for priestes in their synodes for religious in their collations for the common people in their orderlye exhortations expressed in Homylees of a great number extant in Saxon speache for all the festiuall dayes in the yere which written were so vsed many a yere before Beringarius was borne or hearde of So that the bishoppes of olde may aswell be charged to be Caluanistes yf the assertion be so considered aswell as the bishoppe of Sarum or any bishoppe at these dayes And aswell maye that learned archbishop Rabanus Maurus be charged to be a Caluanist beyng in the yere of our Lorde 808. because his opinion was agaynst the scolasticall transubstantiation affirmyng that the materiall parte of the sacrament is turned to the noryshment of our bodies and therfore saith he is the bread called the body of Christe because as the bread doth noryshe the body so Christes body norysheth the soule and because the wine worketh blood in the fleshe therfore it is to be referred to the blood of Christ. This to be Rabanus iudgement is so aduouched by the auctour who dyd abridge Amalarius booke wrytyng de ordine Romanae ecclesiae Whiche Amalarius in the begynnyng of his seconde booke doth shewe the cause why of olde tyme emonges the Romanes the lessons were read in Greke and also in Latine as it is at this day vsed saith he at Constantinople for two causes One for that there were present Grecians to whom was vnknowen the Latine tongue and also for that the Romanes were present to whom was vnknowen the Greke tongue an other cause to expresse the vnitie of both nations So that the sayde Amalarius may be witnesse that in the olde tyme the lessons of the scriptures were so read in the Churche as by the readyng the people myght vnderstande to their edification But as concernyng the sayde Rabanus it is not vnlyke that he had receaued his iudgement from his maister Alcquine an olde Englyshe wryter whose auditor he was and Alcquine agayne sometyme auditor of Bede as Tritemius testifieth Wherevpon to consider the iust computation of yeres it is not vncredible but that such faith towardes the sacrament which we nowe professe was in the Realme before the conquest and so continued tyl Lanfranckes dayes And for all the examinations and executions which were done in the Englyshe Churche afterwarde by diuers Ordinaries in the Realme yet from age to age it was reteyned and men founde for holdyng that auncient fayth by their inquisitions though cruelly brente in such mercie as of late was shewed to poore christian men women and chyldren wherein the order of their doyng ouer that article was alwayes vrged and charged vpon them whiche they woulde condempne for heretiques though their greatest greefe was to heare of those contemned persons other practises of their lyues and religion so dispised and reproued but thinking by laying that cause of the sacrament to their charge it would compel al other men to beleue them to be heretiques and worthyly brent But God doth open men eyes better to iudge then before was knowen God graunt for such knowledge men may be thankfull to God in their lyues and conuersations But to returne agayne to the matter purposed and to walke in the wyde discourse of testimonies and examples whiche myght be brought in to proue both bishoppes and priestes as haue ben in matrimonie in this Realme before the conquest the recordes whereof howe enuiously so euer haue ben suppressed rased defaced yet remaine enough of that sort to proue the fact though the scriptures fayled to be brought forth for triall of this trueth And to aleage the stories of other countreys what bishoppes and priestes of great fame and learning haue ben of this state openly aduouched and commended were a matter of greate largenesse the numbers be so many and therfore the matter to be but needelesse to such as haue any meane syght in stories So that to rude and vnlearned persons who esteeme al thinges newe which they haue no remembraunce of or haue not ben of late dayes in vre were not worthy any more to be written And yet to the learned or suche as make moste bragge of learnyng all this to muche especiallye yf they be suche as haue eyes to see and wyll not see and eares wyll not heare heartes and wyll not vnderstande and therefore let it suffise them whose consciences be fearefull and woulde gladly be enfourmed of the trueth at the least waye to serue their turne whose cause it is to serue God in a pure conscience in the lawfull vsage of his institution not vnlawfull for them and geue their humble thankes to God and let enuious men barke what they can against it For whyle the Gospell shall haue any credite or estimation they shal neuer preuayle after so much lyght of gods worde shewed to beate downe this institution of God free for all maner of persons by the libertie of the Gospell as all other creatures of tyme and place be made for mans necessitie and comfort And yf men crye out agaynst the vnhonest or vnlawfull abuse of Gods institution in any person I wyshe with them that the abuse were by lawe and decree refourmed But good men wyshe the libertie therof no more worthy to be taken awaye in it selfe then they thynke reasonable to be plucked from them any other such benefite of God erected and instituted by his diuine ordinaunce to the represse of fylthynes other abhomination not to be commonly rehearsed though to commonly

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 elect● 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 memori● 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 cōfesse the same And where I might alledge bothe Thomas Albertus Stotus Orbellensis Bonauenture Durande Abbas Panormitanus Petrus d● 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 ꝙ absolute loquendo Sacerdos peccet contrahendo matrimonium Nec ordo in quantū ordo nec ordo in quātum sacer est impeditiuus matrimonij ꝙ Sacerdotium non dirimit matrimonium cōtractum 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 Gratiā 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 ꝙ nec ex violatione voti potest dissolui ipsum cōiugium If the deacon will cease from his ministerie he maie lawfully vse matrimonie contracted For although whē 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 o● 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. ●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 cōmaunded 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 marri● after their vowe bee adulterers but I saie that theé offende greuously whiche doe separate suche Whiche forme of wordes in suche as●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 sentēce vpon sodaine consideration he expresseth the same againe vpon the .lxxv. Psalme Quae autem respexit ad nuptias non quia voluit nubere dānatur sed quia iam ante recesserat fit vxor Loth respiciendo retrorsum She that hath looked backe to mariage is not dampned because she