and saied that to make suche a Lawe was nothing els but to diuide Christes churche to destroie Christian religion and that it was againste all Gods forbode and though Pope Martyn the v. of that name wrote sharper letters to Henry the .vi. to haue it reuoked yet the kinges and the nobles aforsaied would none of it thei would stande to their Lawes whiche thei made in their policy how cōtrary soeuer Rome lawes were against them or how faine soeuer the Bushops of Rome would haue had their eyes still bent vpon vs as my Lorde of Winchester writeth in that their vniuersall carefulnesse of Prouiso Well looke vpon kyng Henry the eightes Acte in his .xxv. yere and fourtene Chapiter for the preamble and then smell if ye can what this Ciuilian meaneth by this gaie inuention of his to saie that vpon a Statute of Repeale the Canons succeadeth by and by in full force and strength And here I muche maruell that one thyng skapeth not onely this farcastyng Ciuilian but all his chief doctors of the Ciuill Lawe to For if this deuice be so greate a warraunte as he maketh it to the Commissaries in the maried Priestes case how chaunceth it that because kyng Edwardes statute before rehearsed of his firste yere repealed al his progenitours Actes for punishemente of heresies thei doe not tell the Spirituall Lordes others of the Conuocation whiche would so faine haue newe mens heades vnder their old girdels by the Act whiche was so muche labored for for heretikes at this laste Parliamente that seyng now all the old statutes bee put awaie for this matter of heresie and the realme hath no Lawe in strengthe and necessary it were as true it is that heresie should be brideled that therevpon tombleth me in all the whole rablement of the Churche Canons and Lawes by heapes with all their force and paines And therefore this Ciuilian might bidde the Ordinaries and all their Commissaries how sore and extreme soeuer thei listed to bee bee of good chere and dispaire not to want their willes for if thei looke well about them thei haue now by the benefite of kyng Edwardes statute and in this respect he might be called good king Edward or king Edward the sainct more in their handes then euer thei had these CC. yeres Now how this wittie deuice would be receiued and where it would be most thankefully taken or whether it would turne to the wealth of the realme Let other men expende and make answere to this Ciuilian and to other of his cheif doctors whether there were any misterie of mischief in it or no. I thinke that as in all Kynges dayes sence the conquest the wise and learned menne of the realme from tyme to tyme hath alwaie moderated the Canons lawes of the vniuersall church as small a mēber of the same as the Romanistes of these daies in contemptuous comparison would make their owne naturall countrée to the aduauncement of a counterfette and vnnaturall congregation at Rome whiche Churche thei full aptly call the temple of God and toke Canons but as rules of consente and refused them againe as fréely by consent and extinguished them and their paynes with them And yet were no princes of infidelitie as ye make a faier insinuation therof in your v. Chapiter I. iiij and euer preferred the Imperiall Lawes of the state of the realme for their surest inheritances as the Quéenes highnes at this daie doeth euen the same with good deliberation And yet the Queenes grace and her Nobles nor her graces progenitours nor their olde auncitours neither not counted the lesse catholike to God and to the true churche of Christ for suche bridelyng in of these sléepyng and dreamyng Canons of whiche progenitours saieth my Lorde of Winchester some of them bee saintes in heauen and be so honoured and reputed at these daies So I thinke the wise and learned menne at the makyng of the saied act of Kyng Edwarde in his first yere ment not that wher thei deuised it specially to resist extremities of lawes thei should imprudently or wittyngly bryng in tenne tymes more extremities then euer thei were vnder before that act was made When wise menne by the occasion of suche cases haue pondered by them selues what signes and profers bee made by this Ciuilian by the case of Priestes mariages whiche though the Deuill and all his members laboreth by all meanes to foile yet standyng as thei do vpon the rocke of Gods lawes specially for seperation and that separation beyng against the iudgement of the beste and eldest writers in Christes Churche standyng the aucthoritée of the kynges Imperiall croune and so many lawes knitte and combined in suche validitée as thei be made I doubt not but some man at length will saie Quòd non est talis casus in tota lege quod est valdè difficilis That there is not suche a case in all the lawe and that it is very harde as easelye as this lawier passeth it ouer And then againe rauyng in this one case of poore Priestes mariages whom to ouercome in their priuate case is no great maistery nor no great care taken although yet priestes to suffer violence of priestes will in th end litle aduaunce the whole Clergie I saie what myre maie be raked vp to make a shrewed perfume to their owne nooses in their owne cases and states I lette other menne consider It was wonte to be saied Qui vni iniuriam facit omnibus facit He that dothe wrong to one in effect doth wrong to all But what forceth this Ciuilian what lawes soeuer be against hym so thei bée no better then statute lawes of this poore outcaste Isle and perticuler Churche of England And whatsoeuer be iudged of hym so he may haue the victorie in this cause what care taketh he either what miserie and mischeife cometh to the priestes whō he hateth so spitefully or what inconueniencies maye ensue to the whoole realme by suche barbarousnes as is induced for want of ministers or what inconueniencies of vnspeakeable whoredomes and filthines pretily in some places alreadie begunne and practised by reason of suche forced separations wil folowe so he maie haue his purpose of this noble conquest For if the glorie of victorie were not so vnreasonably sought for in his glorious booke and if he were not beyond al measure incensed with malice against them as he appeareth or if he were not the man that belike hath so highlye aduaunced hymself in his own conceite that he thinketh no man dare or will dissent from hym or els haue set his forehead impudently so headstrong against all menne that he careth not who loketh in his face He could neuer be so farre past shame as he is so openly in so many places of his booke to lye in aduouchyng such aucthorities as he doth in the perticulers of his probations I maruell before God that he is not a shamed so boldly and irreuerently to vtter his lyes to the Queenes highnes
soleÌ„pnitée outward And my lord chauÌ„celour in his laste booke against Bucere supposeth not that any man pleaseth God in his vowyng if he be not brought thervnto by a godly inclination And further the saied scole diuines hold that he who is so dispensed with either for respecte of the coÌ„mon wealth or yet in respecte of his owne saluation in his obedience he meriteth more then if he kept his vowe For in this case saye thei this obedience is a more worthie vertue and more meritoriouse then is chastitée Quantum ad premium substantiale And the saied Antonine holdeth that if the Pope should dispense without a iuste cause in the solempne vowe of chastitée either of the man or of the woman yet were that true Matrimony Quantum ad vtrunque quia claudicare non potest That is on bothe sides for it may not halt on the one legge But seyng as I haue saied that the saied seculer Priestes make no suche profession nor the Busshop speaketh the saied proposition to the Englishe priestes vnder suche condition then it standeth onely but of the decrees and Canons of the churche whiche can not nor ought not nor the Queenes Maiestie will not as by the firste Article in her Commission appeareth haue executed to the preiudice or derogation of any Lawes of the realme Furthermore vpon that deuise that is alledge to defeat sainct Augustines sentence and iudgement affirming that the church as then had not defined votaries mariages to bee adulteries or to be dissolued If the matter standeth but vpoÌ„ the definitioÌ„ of the Churche then thus I reason The Churche hath defined of olde precontractes to make Matrimonie and the second contractes to be voide The churche of EnglaÌ„d of late defined the second contract with carnall copulation to be Matrimony the first contract to be none In the time of this definition diuerse persones vpon the seconde contract were maried and so continue together still at this daie I aske of you Master Martin whether the definitioÌ„ of the Churche of England wil not be warrant inough for their mariages I truste ye will not dissolue them nowe though that definitioÌ„ be now repealed again and restored by an other definition Euen in like maner the church afore tyme defined priestes mariages to be no mariages but to be dissolued â–ª duryng the vigor of which definition priestes wer not suffred to marrie Now of late the Church of Englande whiche as was shewed before is as well a catholike and Apostolike church as Rome churche or any other and of lyke and equall aucthoritée iurisdiction and power This churche I saie not stelyngly but aduisedly in two sondrie cessions not of the Laytie onely but of the Clergie did define Priestes mariages to bee good and auailable against all Lawes positiue Then standyng this definition whye were not their mariages good and this definition beyng repealed but for hereafter whie shall it not serue for those that were then made and now standyng in strength by Goddes Lawe and not as yet dissolued by mannes Lawe But ye will obiect that the Church definition maketh not the thinge to be but sheweth it to bee So that ye maye saie suche mariages were euer vnlawfull But then declared vnlawfull when the church definition was published Though this cauillatioÌ„ might be otherwise by good reasoÌ„ example and aucthoritée sufficiently answered yet take ye this answere for this tyme. If I were of the nombre of those priestes who beyng hindered by no other impediment of Goddes Lawe had maried vpon the definition of the Princes Law I would as gladly erre with sainct Augustine and with that age wherin he was in this matter as to be a catholike with doctor Martin and suche other of his affinitee Who by pleasure and displeasure by gaine of promotioÌ„s and lucres fallen to them by their opinion holde the contrarie But here ye will doubt whether the kinge or yet the Pope haue so muche aucthoritée to dispense with an vniuersall Lawe of the Churche Sir if for enuy ye beare to the kynges power ye beginne to doubt of the Popes power so ye maye shewe your self a stout catholique to the one as ye shewe your self a double subiect to thother And if ye doubt of the Popes power aske couÌ„saile of Ioannes Genesius deritu nuptiaruÌ„ how vniuersall it is And if ye miscredit hym aske the whole number of the Canonistes who some of them stand in more doubt whether the Pope can dispense with Regulers to haue proprietie and seculer promotion vnder the perfection of a Busshoppe then â–ª whether he can dispense with Priestes seculer to marye after their order If thei should be iudged by their factes there be examples innumerable of suche dispensations of decrees and the Canons made in generall councels whiche is more that the Busshoppe of Rome hath largely delt out in his aucthoritée If ye doubt that the kinges aucthoritée can do so much I can no more but â—end you to all the learned resolutions of the beste of the Clergie at this daie If ye beleue them ye must beleue me For I come but out of their bookes assertions If ye bryng in a great heape of councels of later daies I answere to them al as many as were made for the policies of Spaine Fraunce Italy thei belong not to vs. Ye maye laie these councels to the charge of those priesteâ— that be ordered ther. If ye saie that a particuler realme can not dispense with the whole Lawe of the Churche we answere we force no dispensation of the whole churche but of this particular churche of England for the perticular state of the Clergie of the same And as this particular Churche by their assent receiued that Lawe so by dissent againe hath refused that lawe And therfore is no further bound If ye yet againe will saie that the king may not dispense so vniuersally with the whole realme I answere if the king may do as much as the Pope why maie not he dispeÌ„se with his whole realme and Clergie for them that will aswell as was saied before As Paule the thirde to offer to the whole state of the Regulers in Germany to be temperally beneficed against the Canons of the Churche Extrae de consiguinitate affinit Can. 35. q. 10. Fraternitatis or as could Innocent the thirde release to al realmes of christendome the prohibitions of consanguynitée and affinitée in Councels before restrained If ye obiect that a greate many of Counsailes haue defined not onely depriuations but also separations I answere that as good Counsailes in the primatiue Churche as there bee many of this later Churche haue not so decreed but made this to bee the worste to be sequestered from their ministration Concilium Constant. vi And some not separating the ministers from their wiues but in tyme of their ministration And depriuyng the ordinaries whiche would separate theim contrary to the Canons of the Apostles CoÌ„cil gaÌ„grense And some
prince king Edwarde his nobles and cleargie somewhat to staye the foule abuse so long tyme without remedie vsed in that state of the Realme which should by duetie expresse for example most puritie of lyfe thought it good to remoue the force of such forrayne lawes which compelled to this daungerous state of lyfe his cleargie meetyng in synode together and after debatement concluded If ye lyst to vnderstande what was done and subscribed vnto ye shall heare what the lower house dyd affirme in this case of continencie Iohn Taylor doctor of diuinitie beyng then prolocutor and VVilliam Say beyng register to accept the voyces and subscriptions of them that were present to whose consciences was this proposition propounded eyther to be freely affirmed or to be freely denyed by them vidz That all such Canons Lawes Statutes Decrees Vsages and customes heretofore made had or vsed that forbyd any person to contract matrimonie or condempne matrimonie by any person alredie contracted for any vowe of priesthood chastitie or widohood shal from henceforth be vtterly voyde and of none effect The affirmantes of this proposition were almost treble so many as were the negantes Amongst whiche affirmantes diuers were then vnmaryed and neuer dyd afterwarde take the libertie of maryage as doctor Tailor the bishop doctor Benson doctor Redman doctor Hugh Weston maister Wotton c. Of them that denyed it notwithstandyng their superscriptions to the contrary as fewe as they were yet some of them toke vpon them the libertie of mariage not long after as doctor Oken maister Rayner maister Wilsō Nowe yf any man may fortune doubt of the iudgement of that notable learned man and commonly reputed of graue iudgement I meane doctor Redmayn doctor of diuinitie he shall heare his very iudgement which he vttered in the selfe same conuocation written in a paper seuerally by his owne hande yet extant to be shewed subscribed with his owne name and thus he saith I thynke that although the worde of God do exhort and counsell priestes to lyue in chastitie out of the cumber of the fleshe the world that thereby they may more wholly attende to their callyng Yet the bande of conteynyng from mariage doth only lye vpō priestes of this Realme by reasons of Canons and constitutions of the Churche and not by any precept of Gods worde as in that they should be bound by reason of any vowe which in as farre as my conscience is priestes in this Churche of Englande do not make I thynke that it standeth well with Gods worde that a man which hath ben is but once maryed beyng otherwise accordingly qualified may be made a prieste And I thynke that forasmuch as Canons and Rules made in this behalfe be neither vniuersall nor euerlastyng but vpon considerations may be altered chaunged therefore the kinges maiestie and the hygher powers of the Churche may vpon such reasons as shall moue them take away the clogge of perpetuall continencie from priestes and graunt that it may be lawfull to such as can not or wyll not containe to mary one wyfe And yf she dye then the sayde priest to mary no more remaynyng styll in his ministration Iohn Redmayn Thus this learned man in such credite vniuersally in decidyng questions of conscience doth in a great sort of respectes condempne the vniuersal tract of the bolde assertions inspersed through D. Martins whole booke and therfore yf any man wyll not be resolued by his iudgement to recante such his opinion yet shall he neuer be able with all the glystryng floryshe of that booke to discredite hym or to wynne credite therto Nowe further to enlarge his conclusions or notes with more sounde testimonie doctrine should be but superfluous to such specially of whom Solomon speaketh Non recipit quidam verba prudentiae nisi ea dixeris quae versantur in corde eius Prouer. 18. Some men be of such nature that they wyll neuer receaue any wisedome or perswasion except ye tell hym suche thynges which be tost in his owne brayne and soncken into his owne heart It is not therfore without good cause Tit. 3. that S. Paule geueth precept not to haue longe ado with such as be sectaries thus saying Foolyshe questions genealogies contentions and braulynges rysyng of the lawes refrayne them for they be vnprofitable and vayne And therefore such a one as is a man of deuision after once or twyse admonyshyng hym renounce hym knowyng this that he that is such is peruerted and synneth as one condempned in his owne iudgement And nowe finally to make an ende yf Chryste whom the father of heauen commaunded all the worlde to heare Math. 17. in his doctrine made no prohibition or restraynt in his fathers ordinaunce of matrimonie Iohn 2. Math. 19. but honored it with his presence and commaunded it to be indissoluble forbyddyng all men to seperate whom God hath coopled wyllyng but for the cause of fornication no seperations to be made yf the apostles all Ambrosius except Iohn and Paule were in the maryed state and did not forsake their wiues after their apostleship which the xij canon of the vi generall counsell at Constantinople doth playnely affirme Where also besyde is the vi canon of the Apostles by what boldnes I can not tell abolyshed vz Quod episcopus aut presbiter vxorem propriam nequaquā sub obtectu religionis abiiciat c. The bishop or prieste ought not to put from hym his owne wife vnder pretence of religion which yf he do let hym be excommunicate and yf he so continue let hym be deposed Which is so noted in the summe of counsels If the fathers in the primatiue churche at libertie vsed the same the cleargie in Grece in Antioche and in Alexandria reteyned the libertie styll in their orderyng Paule being very feareful to cast any snares to the congregation counsellyng and commaundyng them that can not conteyne to mary pronouncyng that it is better to marry then to burne the interpretours of the scriptures applying the same grauntes and concessions vpon thē that are votaries Saint Austen in doctrine holdyng determining in professed disputation their copulations to be very maryages not to be disseuered If before the conquest mariage was always free not forbydden to priestes in England tyl after the cōquest sence which time both bishops priestes were maried some openly many secretly notwithstandyng Ancelmes statutes to the contrary which hardly preuayled and gaue great occasion of suche scisme and heresie Richarde wykes as was neuer greater in the churche If for all the multiplication of decrees agaynst concubinaries the sore coulde neuer be healed but that the notorietie of such lewde lyfe was vniuersally abhorred as it well deserued If the kynges auctoritie by the consent of his parliament with the subscription of the whole cleargie enacted the thyng to be lawfull abrogated all penall lawes to the contrary as it was declared in doctrine inuincible set out by the learned part
all that thei haue and paiment to bee made What will he saie trowe you Is this the learnyng and discretion prescribed vnto your fatherly aucthorities by the Quéenes highnes in her Commission that is séen in the order of your executions againste all learnyng without pitie to spoile learnyng Against all discretion to proceade without all order of lawe not discernyng man from man cause from cause state froÌ„ state You haue been iudged heretofore in all other realmes not comparable but farre excellyng all other realmes for worthines of learnyng for fatherly grauitie and exactnesse of iudgemente And shall now a little prefract wilfulnes of a fewe of your Comisaries ouertourne all your glories O fathers maie your children saie If we be deceiued by you we be deceiued ye haue béen our teachers leaders and guides By you were wee induced to credite the supremacies aucthoritie to bee able to doe what so euer the vsurped aucthoritie as ye tolde vs was wont to doe in decreyng and dispensyng your owne practises froÌ„ tyme to tyme made vs bolde to put vs vnder that defence of aucthoritie which openly ye semed moste willynglie to bée vnder And to be releaued with that medecine of dispensation which we with our eyes sawe your selues seke so muche to so ofte and so euery where enioiyng the like your selues hauyng no other hold for the possession of your estates once by you renounced resumed againe vnder that aucthoritie then suche as we thought to haue been as good for our assuraunces in our like liuynges And as wee knowe the whole Cleargie at this daie enioyeth the same without quarell of Canon or checke of any forren Lawe Upon the readyng and expending of your learned bokes orations and sermons openlie published and ofte imprinted did wee the kynges ignoraunt subiectes depende wholie as committyng our trust to your greate learnynges and franke confessions wee learned in your boke set forthe intitled De regia ecclesiastica aucthoritate how we should esteme the kynges high aucthoritie in his courte of Parliament There did ye plainly learne vs how to take the Canons of the Churche and how before tyme thei haue been vsed allowed and repelled againe by consente of the people and particular realmes and did no further or otherwise binde but as the kyng and his people receiued them By your orations did we learne that the Prince hath it incidently in roiall aucthoritie and belonging to his croune by Gods worde to coÌ„stitute lawes to abolishe lawes to vse any Ecclesiasticall lawes at free will at pleasure lo longe as thei were thought meete for his policie and those to be of so strong validitie that no forren power ought once to conuell them or to disturbe them And to these and many other suche thinges haue we not onely been induced by the force of the learnyng and aucthoritie of some one twoo or three of you but it hath been deliuered vnto vs as doctrine of saluation to credite this saied aucthoritie of our and your soueraigne in his realme by the whole consent and subscription of all and euery one of you with diuerse others ioyned vnto you In your booke intituled The institution of a Christian man presented by your whole aucthorities to the kyng of famous memorie kyng Henry the. viij where in the preface ye affirme to his highnes with one assent by all your learnynges that the saied treatise is in all pointes concordante and agreable to holie scripture yea suche doctrine that ye will and desire to haue it taught by all the spirituall pastours to all the kynges louyng subiectes to be doctrine of faithe And there entreatyng of the Sacrament of Orders ye desire to haue it taught that we be in no subiection to the bishop of Rome and his statutes but merely subiecte to the kynges lawes vnder his onely territorie and iurisdiction And that the Canons and rules of the Churche were therefore alowable in the realme because the assent of the kyng and of the people accepted the same And that Priestes and Bishops whatsoeuer neuer had any aucthoritie by the Gospell in matters Ciuill and Morall but by the graunt and gifte of Princes and that it was alwaie and euer shal be lefull vnto Kynges and Princes and to their successours with the consente of their Parliamentes to reuoke and call again into their owne handes or otherwise to restraine all their power and iurisdiction geuen and permitted by their aucthoritie assente or sufferaunce c. without the whiche if the Bishop of Rome or any other Bishop whatsouer should take vpon them any aucthoritie or iurisdiction in suche matters as be Ciuill as matters of Mariages for the tymes and persones bee confessed in your learnynges to bee no doubte saie ye that Bishop is not worthie to be called a Bishop but rather a tyraunt and an vsurper of other mennes rightes contrary to the Lawes of GOD and is to bee reputed a subuertor of the kyngdome of Christe yea besides these thynges and many other ye put it in our Crede and belief as an article of saluation and damnation that the Churche of Englande is as well to be named a Catholike and Apostolike Churche as Rome Churche or any other Churche where the Apostles were residente And ye will vs to beleue in our faithe that there is no difference in superioritie preemineÌ„ce or aucthoritie one ouer the other but be all of equall power and dignitie And that all Churches be free from the subiection and iurisdiction of the Churche of Rome And that no Churche is to be called Scismaticall as variyng from the vnitie of the Churche of Christe if it persiste in the vnitie of Christes faithe hope and charitie and vnitie of Christes doctrine and sacramentes agreable to the same doctrine Oh fathers if this doctrine bee thus set forthe by your whole aucthoritie presented by the subscription of al your names and since the time of your presentyng thereof by the space almoste of .xx. yeres neuer reuoked but continuallie from tyme to tyme taught by this booke and by other suche declarations Can ye of reason in your consciences allowe your officers thus to entreate your priestes and curates that vpon your so earnest doctrine aduisedly obtruded and forced to your faith haue doen as theâ—haue doen in the state of their liues not on their owne heades but vpon your heades aucthorities and warrantise of lawe so stablished by you to pertaine to the kynges croune If ye were deceiued or induced after so deliberate a consultation whiche were greate pitie to espie in your aucthorities beyng the self same men that bee still in office to call vs at this daie to God to truthe to doctrine of saluation and maie require of vs to credite you if wee will bee saued Shall we onely beare the heauie burthen of your ouersight and ye your selues as it were winnyng honour estimation and aduauncemente by your doynges Might not your escapes in your assertions haue béen more merciful in sute to
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 purgatioÌ„ 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 conscieÌ„ces 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 coÌ„mon 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 coÌ„tradiction 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 confereÌ„ce 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 notwithstaÌ„dyng 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 furoreÌ„ 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 seluâ—â— 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 conscieÌ„ces 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 dnÌ„i ad glorificanduÌ„ Esay vi Psal. xxii ii Peter ii Iude i. Esay x. virga baculus consolationis dnÌ„i The planting of the Lorde to glorifie him the rodde and staffe of the Lordes comforte now ye should be no other but Nubes aquaÌ„ non habentes que a ventis circumaguntur inescantes aiÌ„as 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 whoÌ„ 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 thousaÌ„de 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 preuentioÌ„s 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 ê™ melior est in scriptura dei veritas dei quam in cuiusquam meÌ„te 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 ê™ non sunt tanti virgines quanti necessarij sunt sacerdotes Nunquid saith he quia in exercitu
great parte of them were made against priestes that liued in adultery and fornication without wiues The fourth Then in processe of his boke he extendeth his witte to charge al maried priestes without all exception of heresie lecherie inceste and treason to make them odiouse and to endauÌ„ger them to the rulers and people And vseth no moderation to any of them all but pronounceth depriuation to be the leste that thei all deserue And other whyles in hote zeale semeth to desire an vniuersall destruction of them Sometyme notyng them by the multiplication of their children to pestre the realme whereby the inhabitantes should bee in perill of hunger for lacke of foode as though the lande were not able to geue sustenaunce to suche encrease The fifte He in the perusing of the canons lawes euer forceth the rigor of theÌ„ against maried priestes and euer willeth the self same Canons to be reuiued for open fornicators in other priestes nor for any other offence punishable by depriuation and other paynes so that he semeth to giue them an immunitie contrary to the old canons The sixte We maie also note iustlie his inconstrancie for other whiles to make for his purpose he contendeth that the rules and traditions of the primatiue churche be of moste aucthoritie and must be obeied before all other ordinaunces And at an other time he wil haue it stand for a ground that the latter lawes and councels derogate the first and so ought to waie in the discussement of this cause The seuenth His probations and confutations whiche he bringeth in bee seldome out of god his worde except it be contorted but altogether of humain aucthoritie of writers doctors canoÌ„s and decrées and that commonly wher thei write furthest dissonant from god his worde and other good writers and some tymes from them selues And therevpon he is here confuted and answered by the selfe same men in other places of their woorkes and by other of like aucthoritie for reason as saincte Hierome saieth it is Quod ex verbo dei non habet authoritatem eadem facilitate reijciatur qua probatur SupÌ„er Mat. cap. xxiii That whiche hath not aucthoritie of the worde of god may as easely be reiected as receiued The eight And in the meane tyme till this doctour can conciliate their saiynges and writynges either with the scriptures or betwixte them selues I aduise thee gentle reader to folowe the counsell of Saincte Ciprian Si in aliquo mutauerit vacillauerit veritas ad originem dominicam euangelicam apostolicam traditionem reuertamur Ad Pompalianum inde surgat actus nostri ratio vnde ordo origo surrexit That is If the truthe should be in doubte or stagger in any matter then lette vs returne to the Lordes originall to that whiche is deliuered to vs by the euangelistes and apostles and let the reason of our doyng rise thence whence rose bothe ordre and oryginall Super cap. â—x â–ª Hie. For as S. Hierome saieth Nec parentum nec maiorum error sequendus est sed athoritas scripturaruÌ„ dei docentis imperium We should not followe the ouersight of our parentes or yet of our elders but the aucthoritie of scriptures and supreme rule of god his doctrine If euer it was nedefull and necessarie to resorte to Chrisostomes rule writyng vpon this place of Mathewe the xxiiij chapiter Tune qui in iudea sunt fugiant ad montes then thei whiche be in Iurie let theim flee to the mountaines it is more then necessarie now perceauyng antichriste his hooste and armie of mennes Lawes and Canons so faste mustre together to deface and debell Christe his doctrine and veritie whiche notable discourse good learned reader I desire thee to reade and to note the contentes And if sainct Augustine did any seruice to the Churche of Christ when he did write his notable booke de vnitate Ecclesie againste the Donatistes who onely chalenged the catholike Churche to be with them so may he doe now moste profitable seruice against these apishe catholikes that resemble sorilie the true catholiques in face onely and els in neuer a parte beside The ninthe Remember this also good reader that we doe not deny but that virginitie is an excellent vertue and that pure chastitie and single life without hypocrisie is more to be wished to priests and ministers in the churche then is matrimonie considering bothe states in them selues But the question is whether to them that cannot containe mariage were not more méete to be graunted And whether a priest in chast matrimonie maie not do the office of a prieste as the scripture requireth of hym The tenthe Knowe this that howsoeuer chastitie is annexed or dependyng vpon the ordre of priesthode yet it is meerly and intierly by the constitution of the churche and by positiue lawe disspeÌ„sable And moreouer it is to be iustified that seculer Priestes of Englande be no votaries nether in their orderyng any vowe inioyned them nor required at their handes nor thet makyng any suche vowe as by the Englishe poÌ„tificall is to bée proued and as in open conuocation was exactly so debated concluded and subscribed by the handes of them that were present and so presented to the whole Parliament house The eleuenth Expende furthermore that we be not ignorant but that the first councels and canons for the moste part geue no libertie to a prieste or a Bishoppe once consecrated to mary And that the latter councelles forbidde a prieste maried before his orders to kepe companie with his wife And that the aucthoures of the Latten Churche require suche ministers in the moste part of their writynges But then againe it muste be considered that the same Councels and writers require a chaste clargie in deede and maketh more gréeuous paynes of suche Priestes whiche abuseth other mennes wiues and maidens then vpon those priestes that haue their owne wiues and vse them And if the saied aucthores had perceiued the experience of these latter daies thei would not so rigorouslie haue forced suche lawes but rather mitigated theÌ„ as diuerse of them did in suche cases as shal be declared The twelft Right so we do not deme but that vowes aduisedly made to god with suche circumstaunces as the old fathers require in a vowe be to be obserued and that it is not lawfull for anie man of his owne hedde to breake suche vowes and that thei offend god that rashely breake them But whether suche vowes be vndispensable by mans aucthoritie and whether vowes suche as haue been moste commonly of late made of votaries binde them to the perfourmance yea or noe And if either of these vowes bee relinquished whether matrimonie succedyng is to bee dissolued againe to the perill of breakyng gods commaundemente for the obseruation of mannes traditions These notes aforesaied bee to be discussed and considered ¶ An expostulation with certaine of the Clergie Here I might ceasse of further excityng any other states of the common
there remained nothyng to them of right hauyng the helpe of the Kyng and his Nobles thei fell to supplication wherein thei besought the Bishop that the persones receiued in might bee expelled out of their Churches and that thei whiche were expelled might bee restored While this man of God was doubtyng and musyng in hym self and gaue no answere to the said request a merueilous matter chaunced that was neuer heard of before will ye sée The forme or Image of Christes bodie grauen in stone and nailed on a crosse set vp in somewhat an higher parte of the house expressed the voice of man and putte them all to silence that were present and saied God forbidde that this should bee doen God forbidde that this should bee doen ye haue iudged well ye should doe ill to change it At whiche voice the Kyng and all the aunciente men there were afraied almoste to death and therevpon made the house to ryng by their loude shoutyng and praisyng of GOD. By this meanes writeth Polidore the Monkes retained the vniuste possession Lib. vi by the helpe of God or rather saieth he by the helpe of man and the Priestes put backe for that time But yet thus was not the matter ended An other Councell was holden at Winchester and an other miracle there wrought that is the ioystes brake and the plaunchers fell doune sodainlie while the matter was in examination But holie Dunstane and all his friendes escaped well enough but verie many of the residue there slaine by that miracle This was doen about the yere of our Lorde ix hundred fiftie nine Thus the Priestes loste their Churches but yet kepte still their wiues till HeÌ„ry the firste his daies after the Conqueste Wherevpon is coumpted in Fabian that Priestes had wiues in Englande by the space of a thousande yeres and adde after Christes incarnatioÌ„ But then Monkes wer in suche estimation that Odo beyng Bishoppe of Winchester and elected Archbishoppe of Canterburie to take that See the more hololie professed hym self firste a Monke as in Polycronicon is rehearsed lib. vi where Treuisa the translater reproueth that fonde superstition seyng that neither Christe neither his Apostles were Monkes or Friars saith he Yea wée reade in storie that Ihon the .xiij. Pope of Rome graunted a decree at the request of kyng Edgar and by the instigation of the foresaid three Monkishe Bishoppes vidz Dunstan Ethelwolde Oswold that no secular Priest should be eligible to these Sees but onely professed Monkes as by his decree appeareth Thus we see in storie that Dunstan with the helpe and assistaunce of his twoo sworne brothren Ethelwolde Bishop of Winchester and Oswald Bishop of Worcester all three verie Monkes and therefore fauoured the multiplication of Monkes did put it yet to the choise of the Priestes whether thei would forsake their wiues or their benefiâ—es And also were contented to haue it reasoned in presence of the Kyng and his nobles And for no want of good matter were wrought twoo notable miracles to put it quite out of doubte Beside all this the stories make no mention of any separation that was made at that tyme for Priestes had wiues til Anselmus daies as is aforesaid who was Archebishop of Canterburie eight score yeres after Of whose doynges Polidore writeth thus Sed illud in primis non magis iustè quam piè egit ê™ aliquos de religione malè meritos aut contra fas iusque sacerdotia consequutos partim desecrandos partim ipsis sacerdotijs priuandos decreuit Verum cum bonam illorum partem postea poenituisset misericordia motus pari studio apud poÌ„tificem rem egit vt ad pristinam dignitatem ritè restituti fuerint that is But this with the firste did the saied Anselme bothe iustly and godly that though he had decréed some certain whiche had plaied euill partes in Religion or that had gotten their benefices againste bothe lawe and right some to be degraded some to be depriued yet when a greate number of them did repente them afterwarde he was moued with mercie and laboured diligeÌ„tly to the bishop of Rome that thei should bee restored again to their former roumes and dignities We reade furthermore by the record of Nauclerus storie writer Nauclerus that wheÌ„ that nicromancer Hildebrand called Gregorie the vij as heady as he was as extreme as he is reported to be did after long deliberation put it euer to the election and choise of the priests whether thei would chose And â—ow importune soeuer he was vpon Tharchebishop of Mogunce to execute his coÌ„maundement yet perceiuyng saieth Nauclerus how loÌ„g that custome had preuailed for priestes to liue with their wiues he vsed suche moderation to geue them half a yeres respite to aduise them selues yea a whole yere to waigh the matter before he would require of theÌ„ what thei would chose of this offer made vnto theÌ„ But in th ende as Mattheus Parisiensis writeth Anno dnÌ„i 1074. Sacerdotes vxoratos a diuino officio amouit nouo exeÌ„plo vt multis visum est inconsiderato preuidicio coÌ„tra sanctoruÌ„ patruÌ„ sententiam vt validius vxoratos sacerdotes puniat laicis interdixit ne missas eoruÌ„ audirent decimas â—tiaÌ„ debitas igne iussit concremari that is he remoued maried priestes froÌ„ ministratioÌ„ vsyng therin a straÌ„ge exaÌ„ple as many thought an inconsiderate preiudice against the iudgemente of holy fathers and furthermore for that he would vse more rigor against maried priestes he forbadde that any laie man should heare their Masses and decréed also that their tithes due vnto them should be set on fire charitablie you may be sure Of whiche holy father although D. Marten in his boke speaketh muche goodnes by the witnesse of Platina Sigibert Beno yet Sigibert a storie writer sheweth his holines full out And one Beno which was a Cardinall in this said Pope his daies and therfore a more trustie witnesse for his eyes then Platina for his eares who folowed a good while after recordeth how prodigiouse a man he was in his wilfull doynges all the tyme of his life how spitefully he entreated HeÌ„ry themperor the .iiij. of that name Thus master Chauncelour with your officers and Councelers ye see what examples the Priestes haue for the maner how they haue béen ordred before times wheÌ„ their predecessours had not half so good lawe besides gods lawe nor so cleare light as thei haue at these daies Vpon contemplation of your doynges so farre repugnaunt whether I might vse interpellation expostulation or accusatioÌ„ I leaue it to your owne iudgement I haue made the maior let other men make the minor and let your owne consciences conclude vp the argumente But what shall I saie Shall I saie as Barnard saith facitis hec quia potestis Ad Eugenium sed vtrum etiam debeatis questio est Shall I saie also with hym Ad honorem quibusque suum gradumque conseruandum positi estis non
liue chaste to whom God by his secrete iudgemente geueth his gifte and that to some he geueth it not But these lyes with suche other many bee the flowers of your virginall preface in letter wise presented to Queene Marie a virgine as ye can flatter her as your maner is to flatter Princes to maintaine your owne partiall causes Ye professe to dedicate your boke to her highnes because ye haue taken vpō you the defence of virginitée but your boke is rather a bolsterer out of al vncleannes a defacer of Gods holy institutiō of Matrimonie a defence of vnpure liuyng vnder the cloke of virginitée Ye make her beleue that God hath sente her to trauaile for the reformation of the Churche of Englande and for restitution of the Catholike faithe againe to the same I will to this saie no more but God graunte that whiche is pretended to bee performed in opere veritate in deede and truthe Yet one thyng had I almost passed awaie whiche were worthy to be expended This Ciuilian affirmeth manifestly that the doctrine of Priestes mariage was firste inuented by Archeheretiques and practised also of their disciples In whiche saiyng I would knowe how he can discharge saincte Paule who in doctrine prescribed to Timothe Titus reckoned mariage emong the ornamentes of a Bushop Ad Oceanum as Hierome nameth it And Leo the first faieth that emong the rules and Canons of the election of a Bushop suche one is to be ordered who is certainly knowē fuisse Ad episcopos Aphricanos Epistola xlix ii ad cor 11. aut esse vnius vxoris virum to haue been or that now is th◠husbande of one wife And where this doctor saieth that the practise thereof should bée in the Archeheretiques disciples lette hym aunswere whether he meaneth Peter and almoste all the Apostles or no For all the Apostles saieth sainct Ambrose except Ihō and Paule had wiues Thus he writeth Virgines vult eos esse in fide hūc est hij sunt qui cum mulieribus non sunt coinquinati In mulieribus errorem significans nā si mulieres mulieres intelligas vt ideò putes dictas virgines quia corpora sua incontaminata seruauerunt excludes ab hac gloria sanctos quia oēs Apostoli exceptis Ioanne Paulo vxores habuerunt vide an conueniat accusare Petrum Apostolum qui primus inter Apostolos est c. That is he willeth theim to bee virgines in faithe therefore it is saied these are thei whiche are not defiled with women by women is signified errour for if thou shouldest vnderstande by women women in deede to thinke that the Apostles therefore were called virgines because thei kepte their bodies vndefiled thou shalt then exclude holy men from this glorie for all the Apostles excepte Ihon and Paule had wiues and see whether it be conuenient to accuse Peter the chief emongest the Apostles Thus farre sainct Ambrose Saincte Augustine also writeth In questionibus noui veteris testamenti ex vtroque mixtis q. Natus ex Anna sanctissimus Samuel filios genuit non tamen iusticiae suae merita minuit Zacharias sacerdos vir iustus in senectute sua dei nutu genuit filium quo nondum nato meruit Prophetare Qua ergo ratione accusatur quod minimè obesse probat Et quis neget bonum debere dici ▪ quod neminem ledit Et vt hoc loco aliquid de Apostolis dicatur quod ad robur pertinet causae Certè S. Ioannes castimonae suae erat custos condiscipulus autem eius S. Petrus vxorem habuisse cognoscitur primatum vt acciperet inter Apostolos non ei obstitit generatio filiorum Quomodo ergo condemnandum putatur quod non est impedimentum Hinc Apostolus eum qui vxorem habeat si in caeteris seruet mandata sacerdotem fieri posse debere ostendit Quod si illicitum erat non poterat vtique peccatorem dicere debere fieri sacerdotem The moste holy Samuell borne of Anne did begette children and for all that did not lose thereby the worthy praise of his righteousnesse And Zacharie the Prieste a righteous man by Goddes biddyng in his olde age did begette a sonne who before he was borne deserued to haue the gifte of Prophesie by what reason then is that thyng blamed whiche is thus proued to bee no hinderaunce And who can deny that ought to be called good which hurteth no man Furthermore to speake now in this place of the Apostles somewhat whiche maie make to the confirmation of this cause though sainct Ihon kept his chastitie yet it is knowen that his fellowe disciple that is to saie S. Peter had a wife and that it was no impediment to hym though he begatte children to obtaine the chief place emongest the Apostles How then can that thyng bee thoughte worthie condemnation whiche is no hinderaunce at all And therevpon the Apostle proueth that he whiche hath a wife if besides forthe he kepeth Goddes commaundementes maie be and ought to bee a Prieste whiche if it were vnlawfull he could not saie that a synner oughte to bee made a Priest Hetherto sainct Augustine So likewise Ignatius doeth testifie that Peter and Paule and other of the Apostles were maried men Qui non libidinis causa sed posteritatis subrogandae causa coniuges habuerunt whiche had wiues not for pleasures sake but for encrease of the posteritie Yea sainct Clement to reproue suche as Eusebius affirmeth that defamed mariage Lib. 3. ca. 30 saieth An Apostolos improbant Petrus enim Philippus vxores habuerunt filias etiam viris nuptum dederunt Sed Paulum non tedit Apostolum in quadam Epistola sua mētionem vel salutationem facere comparis suae quam ideo se negat circumducere vt ad predicationem Euangelij expeditior fiat Doe thei disallowe the Apostles Peter and Philip truely had wiues and maried their daughters to husbandes Yea the Apostle Paule was not ashamed to make a certain mention or salutation of his mate and yokefellowe in a certaine Epistle of his and saieth that he would not for this cause leade her about that he might be the lighter to the preachyng of the Gospel And this same Clement beyng with Peter Lib. vii a perpetuall companiō in his preachyng progresse saieth that Peters wife was with him And some stories saieth that he caried his wife and his daughter Petronell with hym to Rome And the saied Clement saieth Beatum Petrum cum vidisset vxorem suam duci ad passionem gauisum esse electionis gratia ac regressionis ad propriam domū exclamasse ad eam cum duceretur ac proprio nomine compellantem dixisse O coniunx memento domini c. When S. Peter saw his wife ledde to martyrdome he reioised for her elections sake and for her retourne againe to her owne home and with a loude voice callyng her by her proper name as she was
allowe his counsailes and doynges and make as it were of an olde Iudas a newe Christe Here had I a greate fielde to walke in describyng these dissemblers with princes and with suche realmes where thei beare rule but wee will ceasse to vtter their deseruynges and returne again to that matter whiche doeth more properly appertaine to the argumeÌ„t of our writyng and therefore will resume that was begonne in the .32 leafe B. continued vnto .35 B. before sm that the Apostles had their wiues as all writers aunciente confesse the same and all reasonable men will agree thereto Now if it can be borne of mennes eares to heare that the Apostles had wiues why should this aucthor by his tragical exaggerations make it so odious for Bushoppes and Priestes the apostles successors to haue their lawfull wiues I thincke he will not saie that the beste of his chaste Priestes be better then the Apostles Againe to consider what Paphnutius saied and counsailed for the priestes of his tyme not to be seperated and that it is chastitie to company with their wiues and that to seperate them might be an occasion of great inconueniencie in them bothe If in that holy tyme whan God was truely honored his worde and Sacramentes moste holyly ministred Priesthode was then in greate high estimation and that in maried priestes and bushops as by name shall be hereafter expressed why doeth this aucthour so stifly crie for seperation in Priestes married nowe sequestred by power and not by right from ministration wher thei of Nicene were suffered with them in ministratioÌ„ If like perill may bee feared in the parties now coupled together why should thei be seperated more then the other If their Sacramentes were none other nor holier then oures their worde none other then that we haue why maie not oure order stand with mariage as well as thers If lyke necessitie of Ministers in this realme be as great as hath been in other places where maried Priestes did minister and yet doeth in some places of the Occidentall Churche Why shoulde this wryter exclame so vnlearnedly againste Englishe Priestes mariage as though it were not decent nor tollerable but against Goddes lawe and mannes law liyng against them bothe and saiyng that order and Matrimonie that a wife and a benefice can not stand together And in the bolsteryng out of this matter is almoste all his booke emploied againste antiquitie against the practise of the primatiue Churche against the worde of God wrytten againste the practise of tolerations in the lyke case of diuerse counsailes and deâ—rees of the Busshops of Rome as shall be proued when it cometh to place I truste this Ciuilian is not yet so addicte to the Canonicall procedynges that the matter lieth onely in this poincte that if the Bushop of Rome allowed the matter all were well for me thinke so he can not meane For if his assertions be true he must proue the Bushoppes of Rome diuerse of them to be very Antechristes if thei haue dispensed against Goddes expresse woordes yea he must condempne a great many of Canonistes and of scholemen and a greate many of Catholike writers traueilyng in controuersies of this tyme whiche peraduenture hath read as muche in Diuinitie and Canon lawe as I thinke this Ciuilian hath doen in his Ciuill whiche bee of cleane contrary assertion to this singular man But yet I heare this writer obiecte againe suche an obiection as was once made by a Canonist in the expending of this verie poincte Distingue tempora saieth he personas concordabis leges Canones Weye the difference of tyme and of persones and so shall ye make the lawes and Canons agrée Then was then and now is now For the case saieth he is farre vnlike betwixte the priestes of the Greke Churche whiche were maried before thei were priestes and the priestes of our Churche time whiche he maried after their order And this he thinketh to be an high wittie inuention and insoluble and by this shifte he pronounceth the victorie of the cause before any stroke bee striken standyng stoutely in the difference of the tyme mariage to goe before order or to come after To answere if it be true as he can not deny but that it was not lawfull by their saiynges of the Counsaile of Nice to bee separated by Lawes and constrainte and that it was chastitie for the busshoppes and priestes to kepe company still with their wiues yea when thei were ministeryng busshoppes and priestes in an other maner attendaunce and holinesse then the best chast busshoppes and priestes of our tyme practise in their doynges so that by their iudgement the one state dishonored not thother nor was impediment to the other as hereafter shal be proued by the testimonie of their owne Canonistes and Doctors what difference is there in the substaunce of the order in them of the primitiue or Greke churche and in the priestes of this Latine churche and Occidentall churche but that order and matrimonie maie stand together in one figure in them bothe As for vowe or promise shall bee hereafter considered open protestation or no protestation chastitie of congruitie dependyng or included by the nature of order or for the Churche constitution shall be hereafter answered and expended Now I saie if the priestes of the Greke Churche liued godly in ministration with their wiues why maie not the priestes of the Occidentall churche be iudged to liue as godly in Matrimonie and as lawfully to in Englande hauyng the highest Lawe in the realme on their side But here this doctor will be offended to haue any thing brought in for declaration of this cause out of Grece and maketh a greate matter that men should so doe and repelleth al their doing thus what is that saith he to the matter are not we of an other territorie and iurisdiction If I should answere you so master doctor with your owne obiectioÌ„ then might it bee a full sufficient answere by it self a lone to all your whole booke to saie when ye bryng Romishe Canons out of Spaine out of Fraunce out of Grece I might so answere you what bee all these to the matter are not we of an other territorie and iurisdiction When ye alledge from Prouinciall coÌ„stitutions Sinodes nationall lawes of Emperours Ciuile and Panim lawes what are all these to the matter of our Imperiall lawes are not we of an other territorie and iurisdiction And thus your booke is fully answered and ye may now put vp your pipes with al your choristers of forren Lawes and Canons Moreouer in the seuen Chapiter ye also saie that it bewraieth the weakenesse of the cause for priestes to wander into Grece to bryng in their maner of liuyng of mariyng orderyng If that declareth the weakenesse of the cause I praie you then what is the strength of the cause ye haue taken in hande For ye be not content to raile and wander ouer all the Realmes and Churches of Europe but ye runne
quarelled with and drawen into suche accusation that his louyng subiectes takyng the benefite thereof should bee reputed as persones giltie or that thei whiche bee faultie theim selues and nedeth the like pardon that thei would bee greeueâ— and grudged therewith I would neuer haue beleued that master Martine commyng so late out of the stinckyng dungion of SorboÌ„ after his miserable captiuitie and Egyptiacal seruitude of the rustie and heauy chaines of Popishe diuinitie and Romish lawes would haue been angrie at his retourne againe into Englande that other were releassed and enfraunchised the rather for that he whiche is enuious of the wealthe and healthe of an other maÌ„ maie to his shame and rebuke heare out of the Gospel by the mouthe of this good and Christian Father and Prince of the housholde of Englande frende if almightie God and I bee good why is your eye and entente naught Doe you not knowe how God hath so reuealed the old pretensed Clergies chastitee that almoste it maie be saied all hath synned God hath searched them out and hath charged theim and hath founde them within the compasse of this synne to the entente to shewe them mercie that repenteth theim of their filthinesse that where synne so fréely raigned notwithstandyng Lawe after Lawe Canon after Canon Constitution after Constitution in this olde pretensed and forced chastitie now should Goddes grace the more appeare for the deliuerauÌ„ce out of that intollerable burthen suche a burthen as neither the Clergie of our time nor our old fathers before tyme could so clearly beare but all men sawe how thei spilt in the cariage And that now at the laste the grace and gift of honest wedlocke should appeare in the Clergie as once it was coÌ„mendable in the fathers and priestes of the primatiue churche Surely and without doubt the virginall chastitee is to high a tower for the most parte of them and is not fitte but onely to suche as specially bee called thervnto by the rare and singular gift of God The priestes déere babes and the bushops neuewes that in the old Babilonicall Captiuitie were most made of and promoted be now by Gods worde vttered to be but adulterous ympes Sap. iiij and bastardly broodes whiche doe but testifie of the wickednes of their progenitours and fathers in the interrogation of their consciences where the issue of chaste matrimony coupled with godly temperaunce of them that feare God shall bee spite of the Deuill i. Timo. iiii and all his Tatians allowed of God and so approued of menne that knowe the truthe Where I saie in the worde of the Lorde it is testified that God will so iudge fornicatours and adulterers that the plenteous multiplication of bastardes the frierly frie of Nunnes and Munckes vnlawfull generation shal be neuer voucheable What though the blynde of the worlde preferre these copulations before the fruicte of honourable wedlocke in the Bushops and Priestes Yet wyll God iudge fornicatours and adulterers Though nowe Priestes maried be preast downe yet thei shall stand vpright in a good conscience before God and trust no lesse euen then so to appeare when he shall come to iudge the secret of mens hartes Where the aduiterous plantes shall take no rotyng and there Parentes haue no permanent ioye but with the winde of Gods mouthe in this worlde shall be tossed lyke the dust of the yearth in the vaine doctrines of men and at the last shall be blowen with there ympes into the burnyng fiery lake of brymstone the place appointed for Sodomites and Gomorreans I saie these first begotten heyres of these Egiptiacall Locustes be reuinced and slayne by Gods woord And that ther be come forthe out of this Egypt I trust in conscience infinite nombers so that there is not one left to beare this beastly and intollerable yoke if thei haue not the gifte and will yet come forthe if any yet remaine still to saue their soules in wedlocke as is better for them as holy Barnarde telleth them no lesse De contemptu mundâ— saiyng Esse sine dubio melius nubere quaÌ„ vri saluari in humili gradu quà m in cleri sublimitate deterius viuere distractius iudicari SuÌ„ptuosa quidèm loquitur de caelibatu turris est verbum grande quod non omnes capere possunt It is saieth he without all doubt better to marry then not onely not to liue in fornication but to burne And better it is to be saued in a lower degree and sâ—ate then to bee in the hieromes of the Clergie to liue there worse and so to be the more sharpely condempned Uirginitie and soole life saieth he is a verie high tower to clyme to and the worde is verie great whiche all men can not take De cura pastoralâ— Audiant inquit Gregorius peccatorum carnis ignari quam per semetipsum de hac integritate veritas dicit Non omnes capiunt verbum hoc Quod eo innotuit summuÌ„ esse quo denegauit omnium Let them heare saieth he suche as be vneâ—perte of the sinne of the fleshe that the trueth it self pronounceth with his owne mouth of this puritie not all take this worde Whiche he notified to be a verie high thing euen herein in that he plainly affirmed it not to be euery mans gift And yet these aduertisementes notwithstandyng riseth me vp againe a barkyng Heretike a verie Cayn in dede an enuious murtherer of his brother and holdeth that all maie haue the gift for asking who that will and that chastitie as Pelagius affirmeth whom sainct Augustine confuteth is of our election Sée howe this dead viper vnder the grene herbes and faire flowers of Catholike names hath long lurked and nowe begynneth to hysse out againe and woulde lift vp his head so â—attred and broken as sainct Austen hath vanquished hym where before tyme yet this Papisticall Heresie denied matrimony but in part to them that were votaries and made no secular Priestes votaries Nowe this hissyng Hydre cometh forthe with his monstruous heades and doeth deny the whoole institution to Priestes and other Ministers neither lawfull before orders nor after orders Where yet the fathers of the primatiue Churche would not disseuer the mariages no of votaries but firmely did decree in doctrine to bee verie mariages and pronounced that thei do greuously offende that separate suche Nowe this Goldsmith of S. Martins setteth out his fine polished ware with suche facing and staryng that he destroieth the whole ordinaunce as well in votaries as no votaries and defaceth these their mariages taken and entered by the strength and aucthoritie of a iust lawe of the supreame heade of the Churche of Englande to whom belongeth of duetie of his office to constitute lawes for redresse of sinne and for good ordre of the Clergie euen in spiritual matters writeth my Lorde of Winchester in his learned booke de obedientia so spirituall matters saieth he that though thei be the whoredome of spirituall men yet his power and
Doue vseth not this she lyueth of the frute of the earth her feedyng is without hurte And that Churche saieth sainct Hierome is to be counted the catholyke Churche whiche by the helpe of Gods grace wandereth not from the path and trade of the Apostles traditions Againe he saieth â—4 q. 3. TraÌ„sferunt principes inde terminos quos posuerunt patres eorum quando immutant mendatio veritatem aliud predicant quam ab Apostolis acceperunt c. The heade men and rulers doe remoue the markes and dooles whiche their auncetours haue laied when thei chaunge the truthe into lyes and preache other thinges then suche as thei haue receiued of the Apostles Therefore if the Churche of Englande can declare her self to prâ—ceade nigher the rules of the Apostles then that Churâ—he whiche of duetie chalengeth the onely name it must bee preferred before that priuate Catholike congregation as this aucthour bringeth in twoo aucthorities Cap. â— lraÌ„ f. 1. Panorm â—ignifi de elect Dist. 31. â—â—ena of Ireneus and Origen for his purpose whiche subuerteth all his pretence Yea thei confesse the Lawes them selues that one laye man hauyng scripture or a reasonable cause is more to bee receiued then a whole Uniuersitée together without the same For the Churche is not so builded vpoÌ„ Peters person or yet vpon his See but vpon that sure confession whiche came from hym that article of the faithe whiche he confessed thou art Christe the soonne of the liuyng God so that Christe builded his Churche Distinc. 19. Ita dominus vpon hym self saieth the Canonistes them selues This aucthour cometh all to late therefore what poste haste so euer he make or how so euer he vse to blinde this age with Romishe articles of their faithe saiyng The Churche of Rome can not erre though thei remoue the markes of the Apostles preceptes And that it muste bee euer presumed that the Pope is all holie and maie not bee iudged and can not erre that his saiynges are of equall aucthoritie with Christes doctrine and his deedes must be interpreted Distinc. 40. N◠〈◊〉 as the murther of Samson and the felonie of the Iewes and as the adulterie of Iacob For it were a kinde of Sacrilege to call his facte into disputation with infinite more suche articles as be euery where in his decrees and Canonistes writynges But yet I thinke this aucthour vrge still vpon me for the diuersitie of Priestes mariyng before order and after order and will require what Counsaile what Canon what example I can alledge that a priest euer maried To make shorte answere till we come to particular debatement of these causes as thei bée sundrie in nature so ought thei to bee sonderlie entreated and not craftely mixte and chopte in together to blinde the vnlearned reader Firste I aunswere with the woordes of a Catholike writer in a like cause Quid si destituamur exemplo hominum si habeamus praeceptum dei What maketh matter though wee had no example of man if we haue a precepte of God and a confession of his Apostle lefte yet saffe vnto vs as Alfonsus Episcopus Canariensis saieth yea after our orders and promise whatsoeuer it bee Secondly I saie that by dispensations of the Busshoppes of Roome diuerse and many haue as well maried after orders as after priuate vowes and solempne vowes to as shall be aduouched good store of suche examples out of authentike stories some examples of others that maried after their order without dispensation and not thought to bee the lesse Catholike for it Thirdlie I can alledge to this Englishe writer twoo Englishe actes of Parliament so assented vnto by the subscription of the whole Clergie by the whole body of the Imperiall state of the realme whiche I will here after proue to bee of as good value and aucthoritie for the defence of their mariages whiche were made by theim as a greate sorte of his Synodes and generall Counsailes to that he reporteth in his Booke so thicke in euery leaffe as though scripture were vtterly to bee layed a side to geue them roume And I maruell muche what this writer meaneth beyng an Englishe man and offereth his seruice so ready to the Queenes maiestis that can enuie the crowne of Englande of that prerogatiue that is by Goddes woorde incident therevnto beyng so ofte proued and confessed yea and sworne vnto by the whole Realme and so muche stablished by the learned assertions sermons orations and other writynges of the aunciente Fathers and moste catholike men that be at this daie knowen and had in reuerence and aucthoritie for their greate wittes learnyng and grauitie of life by the space of twentie yeres perpetually inculked whiche now to call againe into question maie entaÌ„gle many a good mannes conscience in the Realme who were moste chiefly induced by them bothe to swere yea and to ieoperd their soules therein and many be departed in the same belief already Moreouer I would wishe this professour of Ciuill to consider or at the least the gentle reader to note with what charitée he could so slaunder his owne countrie men the Queenes subiectes to her grace in his Preface with so odious accusations of inceste heresie coueteousnesse and because he would leaue nothyng behinde to promote them to the Queenes graces credeÌ„ce with treason also and malice to her grace and that without exceptioÌ„ of any one man entred into the said state of mariage who as thei bee many so had thei diuerse respectes in their doynges and haue at this daie diuerse cogitations in their hartes And though he could charge some or many with the saied crimes as God be thanken I thinke his owne conscience telleth hym that his penne lied and as I truste is not the suspition of a great many of as good hartes to the Queenes highnesse as he Thrasonically bloweth out in his Booke to beare her yet he eccepteth none but vniuersally and singularly chargeâ—h all in assertion solempnely pronounced with no further proofe but ipse dixit And where was his remembraunce to ieoparde the fame of many other of the same coote whom I am suer he fauoureth well enough notyng Heresie and Lecherie so ioyntly to bée knit together that wher the one is their is the other as sisters inseparable So that by this mans assertion beyng one of the principall and first articles wherevpon he growndeth all the buyldyng of his booke wee muste nedes beleue that where vnchaste lyfe is there is Heresie couertly couered Lette hym consider if this principle bée resolued whyther and howe farre the worlde can soone iudge it goeth In verie deede his assertion hath some grounde of aucthoritie beside that he bryngeth in of Simon magus out of Epiphanius For Chrysostome writing vpon the first to Tymothe the .4 of suche as shall depart not from the Bushop I saie but from the faieth geuyng hede to the spirites of erroure c. Hic loquitur saieth he de Manichaeis Encratitis Marcionitis
as thei call vs and laie to our charge wee can not refuse to bee reproued and beaten backe with suche woordes of the holie scriptures So that the proofe and triall of all the matter resteth not in the abused name and appellation but in exteriour actes and doynges the fruites whereby do iudge the trees Moreouer it can not helpe them to alledge sainct Augustine and other suche olde aucthours in the exposition of these wordes prohibentes nubere where sainct Augustine saieth Manichei abhorrebant nuptias tanquam malas etiam propagationis causa damnant creaturas ciborum ê™ natura malae immundae sint Coâ—â—ra faustuÌ„ Mâ—niche li. 3. Ideo ij dicuntur prohibere non qui huic bono aliud melius anteponit The Manichees did abhorre Matrimonie as euil euen in respecte of procreation and that thei condempne the creatures of meates as euill and vncleane of their owne nature and therefore suche are to bee saied to forbidde mariages not those whiche preferre to this good thyng an other better Now I appeale to all the counterfete Catholikes wheresoeuer thei dwell Doe thei so preferre single life and virginitée in priestes that thei call not yet their mariages no mariages that be so already paste and maried or rather doe not thei pronounce suche mariages to bee adulteries and inceste cleane contrary to sainct Augustines doctrine Li. 1. Ca. iii. Iraeneus aduersus hereses A Saturnino Marcione qui vocantur continentes abstinentiam a nuptijs annunciauerunt frustrantes antiquam plasmationem dei obliquè accusantes eum qui masculum foeminam ad generationem hominum fecit The continentes so called of Saturnine and Marcion hath Preached the absteinyng from mariage so makyng voide the creation of God and by a subtile fetche thei accuse hym whiche made man and woman for the generation of menne Where Ireneus hath obliquê Eusebius hath subtiliter accusantes illum â–ª craftely not with open condempnation but by a craftie deuise not apperyng to euery maÌ„nes eyes Is it not all one to condempne Matrimonie as the Maniches do by lawes to forbidde it as Papistes doe Sainct Paule speaketh of forbidders to Mary and of suche as shall be in the latter daies But iâ— this doctor will saie that he followeth neither Martian nor Tartian but good S. Hierome whose saiynges he bryngeth in verie ofte without choise and discretion in good faithe I beleue hym well that he doeth so in deede as the moste parte of all that sect And how farre he and thei differ in praisyng of virginitie condempnyng or forbiddyng Matrimonie ye shall haue a little tast of his opinion writyng against Iouinian where in some places he writeth thus Iubet Apostolus vt semper oremus si semper orandum est nunquam ergo coniugio seruiendum QuomaÌ„ quotiescunque vxori debitum reddo orare non possum Againe puto ê™ nuptiaruÌ„ finis mors sit fructus coÌ„tinentiae vita aeterna Again Nuptiae per se non sunt bonae comparantur incendio Qui in carne sunt deo placere non possunt Againe Nullum periculum ne pereant nuptiae etiam si multos cohortemur ad virginitatem stultorum enim semper infinitus erit numerus Againe Ex quo ostenditur virginitatem non mori nec â—ordes nuptiarum ablui cruore martyrij And contra Heluidium Non negamus maritatas sanctas mulieres inueniri sed quae vxores esse desierunt c. The Apostle geueth a precepte that we should alwaie praie if praier must alwaie bee had ergo wedlocke is not to bee vsed for so ofte as I render due beneuolence to my wife I can not praie Also I iudge that th ende of mariage is death but the fruit of continencie is eternall life Also Wedlocke for it self is not good and is compared to a fire Againe thei that be in the fleshe can not please GOD. Also there is no daunger that Marriage should bee lefte though wee exhorte many to continencie For of fooles the number shall be euer infinite Also comparyng Ihon a virgine and Peter a maried manne he saieth whereby is declared that virginitée shall neuer dye but as for the filthinesse of mariage can not bee wasshed awaie with the blood of martyrdome Also writyng against Heluidius thus he pronounceth we doe not deny saieth he but that it is possible to finde maried wiues holy women but suche saieth he whiche ceasse to be wiues Of whiche place Erasmus could gather no other but that he should meane that mariage is not to be alowed no not for fruites sake And suche other saiynges innumerable hath S. Hierom whom this manne reporteth with suche aucthoritie But in the next parte of this treatise all suche causes shall bée more fully expended to see whether the fained Catholiques of these dayes bee not farre fallen from the true Catholiques of fiue hundreth yeres next after Christ and be not relapsed into the plaine heresies of the Tatianes Manichees and suche other how soeuer thei couer theim selues close as thei imagine Sed omnia dum produntur in lucem manifesta fient But all thynges when thei are shewed at the light be made manifest Furthermore I woulde wishe to haue some considerations more to be waied of this gentle and courteous Ciuilian how he coulde be so rigorous and extreme without any moderation or indifferent equitie so sore to charge Bushops and Priestes for mariyng in this realme with suche ineuitable necessitie and with so vndispensable a boÌ„de to conteine vnder paine of eternall dampnation And further so highly to magnifie this late doyng against them that thei bee gently depriued of all their whole liuynges and that not for fiue or tenne yeres as the equitie of some Canons prescribeth but for euer And to saie that thei bee driuen fauourably out of their ministrations Specially where he maie reade what indifferencie and tolleration is graunted in some counsailes and decrées yea in other christian realmes and dominions and standyng the assertion of so many learned Diuines and Canonistes of the old auncient writers in the church I saie that he could so passe awaie in his readyng and collectyng all their moderations and onely waie the most extreme rigoure he coulde finde in any of them all against the saied mariage of Priestes here in Englande so maried by lawe as thei be Where he readeth I am sure how tenderly and fauorably his Canonistes expounde and glose the hard lawes and canons that be written against Priestes liuyng in open aduoutrie and manifest fornication And yet could not sprinkle some droppes of suche holy water to ease the heate of the hoote zeales and stomakes of some certen of the Clergie whiche for pure honesties sake in respect of their faint liues dare not once touche any of the poluted benefices and promotions that the vncleane maried Priestes haue so longe defiled with their wiues vnworthie as thei be once to be saied aue vnto in salutation And furthermore moste vnworthie
will not for length cumber your eares with conuenient contemplatioÌ„s Well I leaue them to this Ciuilian to muse on for I knowe he hath suche a wit that no lawe or statute can be laied before hym but he can set his comment vpon it if ye will accepte his gloses If a manne obiecte that the states of the Realme hath made Lawe and taken order in this cause or any other suche like and therefore muste stande againste all the Lawes and Canons of the Churche then straightwaie he will beate you backe with the aucthoritée of the Churche and saie as the moste parte of all his disciples and adherentes allege that a particular Churche a little member of the whole can not derogate the vniuersall law of the churche Whiche saiyng how sounde it is let that old lawe testifie whiche was made in a Parliament holden at Northampton in the daies of kyng Henry the seconde almoste CCCC yeres ago whereat was presente a Legate called Hue sent from Rome by Alexander Pope then and notwithstandyng his presence and though Thomas Becket sporned at it before yet was it enacted cleane derogatory to the Lawes and Canons of the Churche that Priestes if the hunted in the Kynges Parkes or committed felonie murther or treason thei should be iudged before temporall Iudges accordyng to the Lawes of the Realme whiche Lawe and others is practised to this daie And furthermore let this foresaied article of the Queenes maiestie testifie whiche doeth plainly determine this question wherin her grace commaundeth that her Lawes the Lawes of her Croune shall stande in strengthe against all the vniuersall Lawes of our mother holy churche And I thinke all her graces progenitours froÌ„ tyme to tyme hath foreseen that Romishe Canons shall be but rules and Canons taken and refused vpon consent and as shall bee meete for the policie of the Realme Whiche poincte of learnyng is in suche absolute wise debated learnedly in a Booke written here in Englande intituled De potestate Regia Ecclesiastica that neither this Ciuilian nor all the Canonistes in Englande shall euer be able to answere it For it hath hetherto laine vnanswered these twentie yeres of all the Romanistes in Christendome And if this Ciuilian will reade it and expende it ouer and doubteth further of any poincte conteined therein let hym consulte with certaine of the Bushoppes that bee in moste aucthoritee at this daie by whose learnyng and collection the booke was written and thei can further resolue him And if that booke will not satisfie hym let hym resorte to an other intituled the Institution of a Christian man presented to kyng Henry the eight by all the Bushoppes of the Realme for stable doctrine to be vniuersally preached and so assured by the subscriptions of all their names as ye maie there reade their names Looke ouer the exposition of the .ix. and .x. article of the Crede and their doctrine written in the Sacramente of Order and consider their iudgementes If it be further obiected that the king could doe no more in dispensation then the Pope was able whiche as some saie caÌ„ dispense with the singular case of one or twoo in a Realme but not with a whole Realme or with the whole state thereof as kyng Edwarde hath doen with the whole Clergie if their opinion bee true how could the Busshoppe of Rome Innocent the viij as Volateran writeth dispense with the whole countree of Noruegia to coÌ„secrate the Cuppe without wine in Ale or Bere contrary to the vsage of Christe and his Churche How could he dispense with whole Bohemie for receiuyng the Communion in bothe kindes And how could Paule the thirde offer the same dispensation to all Germanie as appeareth in his Bulle for the reduction of the same nation to Rome Churche againe Howe could Gregorie the firste dispense with all the Realme of Englande for their mariage within the degrees prohibited Or yet how could he dispense and geue licence to Augustine our apostle not to folowe Rome Churche so precisely in forme of Spirituall gouernaunce but hadde hym deuise a forme hym self of the vsages of other countrées and to take the best and so instill it and other suche thinges as he could other where learne into the tender myndes of the Englishe nation as many of suche nature might be alledged If it bee obiected that the Pope can not dispense with the generall Counsaile that will not serue For it is commonly holden of the Canonistes that the Pope is aboue the Counsaile and maie dispense with the Counsaile as thei alledge Extra de consang affi non debet of Innocent the third which released the prohibitions of consanguinitée affinitee in Counsailes before restrained yea in suche degrees as Gregorie saith who that dissolue them beleueth not that Goddes woorde will endure for euer Can. 35. q. 10. Fraternitatis Now if this Ciuilian would haue this poinct yet further debated by the learnyng of the Iudges of the realme scilicet how farre Ecclesiasticall Lawes are to be admitted let hym go to the statute of the .xxvij. yere of kyng Henry the eighte and see what thei reserue from the makers of Ecclesiasticall Lawes Prouided alwaie saie thei that no Canons constitutions or ordinaunces shall bee made and putte in execution within this realme by aucthoritée of the Conuocation of the Clergie which shal be contrary or repugnaunt to the kynges prerogatiue royall or the customes lawes or statutes of this realme And in the xxv yere in the like statute fearyng belike the dint of these double strong CanoÌ„s that might be made thei speake more precisely in the like prouiso and saie not onely contrary or repugnant but derogatorie to the Lawes of the realme And if the Iudges and Sergeauntes of the realme will now for to doe this man pleasure geue vp their holde in these and suche poinctes whiche their forefathers hath with tothe and naile alwaies maintained before tymes I wene it would come to passe before twentie yeres should come to an ende that men would rather retaine one poore Canonist for counsaile in their causes then fixe of the best Iudges and Sergeauntes of theim all whereby Westminster hal might chaunce to be colder bothe in Winter and Sommer to for their gaine I warraÌ„t you these whom he calleth the chief doctours of the Ciuil Lawe whom he aduoucheth to bee of this â—aithe and belief would loose nothyng by that bargaine If his chief doctors could but obtaine that thold acte of prouiso made in king Edward the third his daies in the .xlviij. yere of his raigne wonderful derogatorie to the lawes of our mother holy churche might in suche a good season as this is be throwen vnder foote although yet it were better it were at a more certaintie ye shall sone espie that these CiuiliaÌ„s would not long tracte the tyme to be then the chief doctors of bothe the common Canon lawe to Whiche lawe of Prouiso although Pope Gregorie the leuenth did muche repine at
Christi conficiendum surgere cum eodem die corpus Christi confecisset cū meretrice post vesperam interceptus est Res apertissima negari non potuit celari non debuit Summus honor vbique habitus in summum dedecus versus est Repedauit igitur in sua dei iudicio confusus inglorius At Easter Ihon Cremensis Cardinall of Rome came doune into Englande and makyng his progresses through Busshoprickes and Abbatées not without greate rewardes aboute the Natiuitée of our Ladie helde a solemne Counsaile at London But because Moises Goddes secretarie in the holie storie as he wrote the vertues so did he also the vices yea of his owne parentes that is to saie the outrage of Lothe the abhomination of Ruben the treason of Symeon and Leuy the vnnaturalnesse of the brethren of Ioseph euen so it becometh vs to followe the true Lawe of storie bothe of good and euill But if it shall displease any Romaniste or Prelate saieth he I reade hym to holde his peace and be still leste it will be demed that he desired to folowe Ihon Cremensis in woordes and deedes He therefore when he had made greuous processe in that Counsaile against Priestes wiues saiyng that it was a foule synne and a greate to rise frō a strumpettes side to make Christes body when he hym self the same very daie had saied Masse was taken with a strumpet after Euensong the facte beyng moste open could not bee denied nor ought to bee hidden That high honour had euery where to hym before was tourned to high shame and rebuke Whereuppon he trudged home againe by Goddes iuste iudgemente confounded to his greate dishonestee Thus farre Henry Huntyngton a manne liuyng at that age Here you se master Martin an auncient writer no heretike Archdeacon of Huntyngton foure hundred yeres paste and an halfe to haue tolde this storie of this good holy ympe of Rome Church beyng warned yet afore by Pope Honorius whose letters to hym and others Symon of Duresme doeth recite in his booke wherin he nameth hym Praesbiterum Cardinalem prieste Cardinall and praieth hym as beyng sent before into England by his next predecessor Calixtus that he would behaue hymself in his Legation as a wise a discrete childe of the Rome church and as may appartaine to the honour of God and the honestie of the Apostolike See The same Honorius writyng to the Archebusshops Busshops Abbattes and nobles suppressyng yet the kynges name charged thus we praie you admonishe you and commaūde you that you would reuerently receaue hym as the vicar of holy S. Peter humblie to heare hym and at his call to hold solemnely with hym conuocations so that by his and your diligence all thinges may bee reformed in your realme whiche are to be amended and those thinges whiche are to be stablished may by the inspiration of the holy ghost be confirmed emongest the Canons of which holy Counsaill priestes be plaine separated from their wiues vnder paine of losse of their Order and Mariages either of consanguinitée or affinitée contracted within the seuenth generation be commaunded to bee seperated Now if neitheir Secular Prieste nor religious Monkes testimonie will serue Maister Martin Roger Houeden a secular man in courte with the kyng Henry seconde in greate estimation and credit writyng in his storie saieth that there fell a marueilous misfortune to this Cardinall beyng so hotte in his Coūsell against priestes mariage and agreeth fully with the forsaied testimonie of the saied Henry in the same If yet you will haue more testimonies Polydore in his stories the tenthe booke how craftely soeuer for the honour of Rome Churche he suppresseth his name as belike you would haue the laye people to take it for a lye to saue the honor of your wiueles church how leude soeuer it be notoriously knowen reporteth of the same cardinall that after his solempne sermon inueighyng against lawfull mariages he was so priuely waited that within a while after he was taken with an harlotte in companie vnlawfull Furthermore Sir this matter semeth so little counterfeited that other writers affirme the same as Fabian somtime Citezen and Sheriffe of Lōdon in his Chronicle saieth that this dissimuled doctor tooke so great feruencie in the correction of the priestes of England that in the euenyng folowing after that he had so lewdly blowne his borne saiyng that it was a detestable sinne to ryse from the side of a strumpet to sacre the bodie of Christe he was taken with a strumpette Lib. 7. Cap. 16 Anno. 1125. to his open shame and rebuke From whose testimony differeth not Ranulph of Chichester in his Polichronicō Further Matheus westmonasteriensis otherwise named Florilegus writyng of the saied Ihon Cardinall thus saieth Dictus Ioannes qui in concilio omnes concubinarios Sacerdotes maximè damnauerat in eodem vitio deprehensus est The saied Ihon whiche in his counsell had verie greatly blamed Priestes that vsed concubines was taken hymself in the same crime Also Mathew Parise in his Chronicle in that verie yere recordeth the same storie of this holy and chaste Cardinal of Rome who came into England with great honour but packe home againe with worthie shame Loe suche commonlye are the slaunderers of true matrimonie in others most shamefully abusing themselues with harlottes pretendyng and exaltyng their Churche chastitie in hypocrisie but hate it in their whole practise of their life as stories fullie make mention of suche beyng the very successors of Hierax an heretike of whom Epiphanius writeth in his story of whom some mention is made before And if yet none of all these will serue to discharge Ihon Bale to make hym the firste aucthor therof or to disproue it to be a forged or counterfet story ye maie looke further in other histories bothe in Frenche and Latine and finde almoste all that write of those daies to speake of the same Cardinall to like effecte And therfore M. Martine is it reason that ye write that it was some heretike that forged this tale as ye would make the world beleue Is it not a shame for you to boste of so muche vniuersal and absolute knowledge in al stories both Ecclesiasticall and prophane of al countries in Christendome and out of Christēdome and to be blind and bare at home in the stories of your owne countrey beyng so many written by mē bothe of great credite and of notable learnyng life And dare you pronounce all these in your bolde arrogante spirite to bee heretikes none of them all woorthie credite with you of so diuers vocations as thei are Some Seculer Priestes of worship some reguler Monkes in profession some seculer lay menne in place of credit and estimation some liuyng at that very tyme and members of that holy Synode I do but meruaile what confidence you had in other mens credites to write so impudently not castyng with your self to what commendable ende your gaye bolstered booke would come vnto when it were once examined by
would marrie but because she had gone backe before and is made like to Lothes wife by her lookyng behinde her But if ye yet desire to knowe a reason of this strong assertion of sainct Augustine so reported in the Decrees the Lawe sheweth it plainly Voti solemnitas ex sola constitutione ecclesiae est inuenta matrimonij vero vinculum ab ipso ecclesiae capite rerum omni conditore ipsum in paradiso statu innocentiae institueÌ„te vnionem indissolubilitatem accepeâ—it The solempnitée of the vowe was deuised onely by the Churches constitution but the bonde of Matrimonie toke his inseparable vnitée and knotte of hym that is creatour of all thynges who did institute it in Paradise and in the state of innocencie And here I would aske this Lawier a question by occasion of the woordes that there further followeth of that extrauagant whether Englishe secular priestes haue made a simple vowe or a solempne vowe in the takyng of their orders If it be a simple vowe then though it be neuer so seriously made before neuer so many witnesses neuer so aduisedly made earnestly promised yea sworne in the face of the Churche yet it dissolueth not matrimonie once made saith the lawe Ergo in this vowe if it were that Priestes were ordered yet their mariages be not to be broken But let it be graunted that the priest hath made a solempne vowe then teacheth this Lawe that the solemnitée is deuised but onely of the positiue Lawe of the Churche Ergo it standeth but vpon mannes constitution Ergo dispensable by manne and manne hath dispensed with them by open constitution of Lawe here in England What bindeth them then in their order Yea why be thei not free of all handes And their mariages good and indissoluble from all lawes of man For this bonde whiche this Lawier vrgeth so importunatly muste stande either of the nature and substance of order either of the nature and bonde of the vowe either of the promise and profession of the Prieste at receiuyng of his orders or els of the constitution and positiue Lawe of the Churche Of the nature and substaunce of order it standeth not for then should the Gretians offende saieth Panormitane in whose Priestes standeth Order and Matrimonie iointly together betwixte whiche Priestes and their owne wiues is Chastitée of Mariage saieth the saied Panormitan And further he saieth Exâ—ra 〈…〉 that it is not long of their custome that thei bee excused for that is nought worthe againste the Lawe God And further it can not stande of the nature of order seyng that in the Apostolique Churche and a greate while after till Pope Siricius daies thei might contracte as the gloser of the decrees auoucheth plainely the opinion of certaine aucthoures in the Lawe whose opinion he doeth not disproue saiyng ê™ olim sacerdotes poterant contrahere ante Siricium Dist. 84. cum in pretenio vnde Moyses contraxit In tymes paste Priestes might marrie before Siricius wherevpon Moyses did contracte And there he reporteth that the Apostles made no constitution for not vsyng Matrimonie once contracted Moyses presbyter apud Ciprianum Li. 2. Epistola 4. Iâ—st 82. proposâ—â—â—â—â— For if the Apostles had made any suche Canons The Orientall churche would haue admitted it And further he writeth that by Gratians opinion the Churche hath constituted certaine thynges whiche were not so decreed of the Apostles And there nameth in his examples the continencie of the ministers and aduoucheth S. Augustine for hym Can. 35. q. 2. Cum igitur De ciuitate dei li. xv Cap. xvi whiche saied Gratian also writeth that before the Counsaile of Ancirane whiche was about the yere of our Lorde 308. continencie was not yet coÌ„stituted vpon the ministers of the aultar And further it is writteÌ„ 2.6 q. 2. Ca. Sors Copula sacerdotalis nec legali nec EuaÌ„gelica vel Apostolica authoritate prohibetur tamen lege penitus interdicitur The mariage of Priestes is neither forbidden by the aucthoritée of the olde Lawe neither of the Euangelistes nor of the Apostles but by the Lawe it is vtterly forbidden SecoÌ„dly it standeth not of the nature and bonde of the vowe for the said expositour of the Lawe saieth 27. q. 1. Sâ— quis ê™ votum de sui natura non obligat sed coÌ„stitutio circa votuÌ„emissa A vowe of his owne nature bindeth not but the constitution whiche is made and diuulged about the vow And further he writeth in the same cause and question that a simple vowe doeth not dissolue Matrimonie of his owne nature and so no more doeth a solempne vowe for thei be all one he saieth in that respecte For if it were of the nature of the vowe saieth he why should not one vowe as well as an other dissolue Matrimonie for so muche as the solempnitées bee not of the substaunce but deuised by the churche And therefore by his opinion it is but the méere ordinaunce of the churche that dissolueth and not the vowe For if a manne should openly saie in the Churche Voueo continentian I vowe chastitée Yet by this is no solempne vow made And Pope Celestine the third affirmeth ê™ simplex votum apud deum non minus obliget quaÌ„ solennis That is A simple vowe byndeth no lesse before God then a soleÌ„ne vowe And in these poinctes doeth the schole Diuines agrée with the Canonistes Antoninus Saiyng ê™ vinculuÌ„ vito solennis solutio eius est ex statuto ecclesiae The bonde of a solempne vow the breach therof is by the churches coÌ„stitutioÌ„ WhervpoÌ„ he writeth that the obligation whiche dependeth vpon order noÌ„ esseÌ„tialiter sed accideÌ„taliter is annexed therto but by the churche coÌ„stitutioÌ„ Thirdly as for the promise or vowe made by the priest at his orders it is manifest that the priestes ordered in England make none as is before saied and though thei did yet write the saied Diuines and Canonistes that howsoeuer a man byndeth hym self either by othe or by vowe yet alwaie is vnderstanded the exception of the aucthoritée of the superiour And the bande of the vowe dothe ceasse either by dispensation commutation or irritation and the obseruing of a vowe is then of the Lawe of nature or of Godes Lawe so longe as the Obligation continueth And in this case writeth Antoninus he that is so dispensed with is not to bee charged as a lyer to God Parte 2. Titulo xi Ca. 2. for not performyng his vowe For a man must haue of thinges to come Godly conditions whiche bee alwaie annexed either implied or expressed S. Thomas defineth that to the essentialnesse of a vowe 2.2 q. 88. Extrauag de regularib Ca. ad nostraÌ„glosa Pag. 11â— muste thre thynges concurre An aduised deliberation of mynde a fast purpose of the will and a promise made to God And if there bee not saieth he a full intention of the professour to bynde hymself he is not bouÌ„d for all the
accursyng all suche as would abstaine from the Priestes praiers and oblation for their mariages sake And some of them pronounsyng it Chastitée for the Prieste while that he is Prieste how so euer doctor Martin cauilleth vainly in that aucthoritée to keepe companie with his owne wife But it maie be yet replied that Chrysostome writyng in his Epistle to Theodore a relapsed Monke doeth greuously reprehende theim whiche after their vowe resorted to mariage Basilius de vera virginitate doeth the same Sainct Augustine de gratia libero arbitrio agreeth with them Shortly to make answere There is a greate difference betwixte the vowes and the maner and the causes of vowyng that was vsed in those good daies and the maner of vowyng at these corrupte daies vsed So that neither Chrysostomus vehement declamyng in that kynde of speakyng ought to bee brought against all maner of breakyng vowes nor Basilius austeritée is not to bee applied but to suche vowes as he vsed to make and for his tymes For as there is greate difference of tymes so there is greate difference of persones ages and purposes If vowes were made Distinguâ— temp causas CoÌ„cordabis Leges Canones questi 15. with suche deliberation and examination as Basill requireth in his questions where he writeth that if any man be entered into a profession of coÌ„tinencie and feeleth that he can not beâ—re it to attende whollie vpon God and heaueÌ„ly thynges he would haue suche released again before those witnâ—sses with which he came in further saith these wordes CaeteruÌ„ qui professioneÌ„ facturus est â–ª post multam deliberationem considerationem q per plures dies ipsi ad seipsum permittere coÌ„uenit vt ne videatur aliquid secundum rapinam a nobis fieri sic tandem suscipere oportet c. He that will make his profession after muche deliberation and consideration whiche muste needes be graunted to hym many daies leste it might appeare that we did it by stealthe that we do and so therevpon lette hym take on his purpose c. So likewise sainct Augustine De fide ad petrum Ca. q vseth these circumstances Qui statuit in corde suo firmus non habens necessitatem potestatem habens suae voluntatis vouerit continentiam deo debet eam vsque ad finem tota mentis solicitudine custodire ne daÌ„nationem habeat si primam fidem irritam fecerit He that hath vowed continencie to GOD and hath decreed it firmely in his harte not hauyng any neede but hauyng power ouer his owne will the same ought with all carefulnesse of mynde keepe that purpose vnto the ende leaste he incurre â—ampnation because he brake his first faithe If that diligent examination moderation were vsed that is prescribed by some of the Counsailes as in the seconde Counsaile at Tolet cap. primo the case were farre other then D. Martin handeleth it and otherwise to bee expended and answered And yet al be it suche votaries wer so aduisedly made by the circumstaunces aforesaied though thei deserued muche shame penaunce of their owne head to starte backe or of lighte causes to recede Yet sainct Augustines iudgement is plainly vpon those that their mariages be not to bee dissolued Let theim that feare God and bee addicte to a truthe iudge this matter Beside all this there is a greate difference betwixte a consultation what is lawfull and expedient to be doen before it bee doen and what is to be tollerated after it is so doen. Multa prohibentur fieri quae tamen facta tenent saieth the Lawe If it bee further obiected though it were graunted to bee lawfull that the Clergie might haue that libertée yet it maie bee thought of some menne that it were not expediente To answere this obiection there haue been afore tymes right wise and prudent menne As be at these daies Whiche vpon their experience thought it not onely to bee lawfull but also expedient and profitable in diuerse respectes Of whiche iudgemente beside Pius the seconde and Panormitane the greate Lawier whose opinions and testimonies I haue shewed before Erasmus also a manne of some witte and experience in diuerse places of his woorkes maie very manifestly seme to bee Who in his Epistle ad Episcopum Basiliensem wondereth what it meaneth where that as neither Christ nor his Apostles haue prescribed any suche Lawe And where that the Churche dispenseth with diuerse causes as occasion riseth why menne should vrge this humaine constitution so obstinately seyng there bee so many causes that might perswade the alteration But after all this when cauillyng wittes are by good and sufficient proofes ouerthrowen and vanquished then because thei will euer seeme to haue somewhat for them selues thei will flie to their phantasticall obiections saiyng If mariage bee a remedy for incontinencie how should men doe when thei iourney farre from their countrees How if their wiues be sicke or runne awaie â–ª and suche like carnall reasons and triflyng helpes will thei seeke As though God is not an helper to all men that call vpon him in necessitées and walke vprightly and faithfully in their vocations As though GOD hath not promised to relieue them with his aide to be nighe them and to be founde of them that doe not tempt hym Sapien. 1. Inâ—â—th 13. And to appeare to them that haue their faith staied in him As though we be not taught thus much euen of a poore woman Iudith by name who saieth ê™ non desâ—rit sperantes in se non permisit me dominus ancillam suam coinquinari That God forsaketh not them whiche trust in him as he hath not suffered me his handmaiden to be defiled So it is before in the sixt Chapiter confessed in praier saiyng Non derelinquis presumentes de te ô domine presumentes de se de sua virtute gloriantes humilias Thou doest not O Lorde saieth Iudith forsake them that presume of thee where suche as presume of them selues gloriyng of their owne power thou bryngest them lowe And further as though there were no difference betwixte hym that in the feare of God vseth his remedie and if that by Goddes will and pleasure be taken from hym then maketh his refuge to God And suche a one as refuseth Goddes remedie that is needefull for hym and will woorke maisteries in suche temptation Psal. 9. For God will helpe in necessitees saieth a certaine writer when wee worthely craue his grace then doe wee worthely praie for his helpe when with praiyng we despise not the necessarie remedies for our chastitee For if we caste them froÌ„ vs in vaine doo we looke for his helpe and maie be also coumpted worthely the tempters of God But now to staie this Doctor from any further wonderyng why priestes mariages especially Seculars and of the Churche of England yea or yet the mariages of votaries in Englande ought not to be dissolued as of coÌ„pulsion The answere is first and formost because thei
feceris quod postulo ab hac te fidei sponsione absoluam I am in the apostles sea and yf thou wylt do that which I request I wyl absolue thee from this promise of thy fidelitie Well sayth the kyng I wyll entreate of this hereafter and shortly sent vnto hym his messengers to signifie that it is not for the kynges honour to consent to such absolutions agaynst a mans fayth And farther sayde that except Thurstone woulde make his profession to the sea of Canterburie he shoulde neuer sit in the Churche at Yorke whyles he was kyng of Englande by compulsion of any edict from the pope whatsoeuer this haue I promised and this sayth he wyll I obserue But it may be thought peraduenture vnlike to be true that the pope would come so farre as to Gisors aforesaid his owne person to speake with the kyng it may so be obiected by some Romanistes who labour so hye to aduaunce his deitie but to such as be indifferently read in storie it is not incredible For Matthewe Paris reporteth howe that pope Innocent vsed his craftie deuice by his Cardinals towardes kyng Henrie the third in the .xxix. yere of his raigne Which Cardinals only louers of money craftyly sent to the kyng vnder the colour of great frendshyp their counsell which they auouched to be both holsome honorable glorious to the Realme and very profitable that was that he shoulde sue by his messengers to the popes holynes to come personally into his Realme which say they shoulde be honor most excellent to Englande and immortall glorie that in your dayes the lorde pope whiche is knowen to be the father of all fathers shoulde appeare personallye within the coast of the Englyshe nation For say they we remember well that hym selfe hath sayde whereof we reioyce that he would very gladly see the daintie sightes of Westmonasterie and the riches of London When this was knowen to the kyng he was very glad and woulde easelye haue bowed to this subtyll councell except he hadde ben holden vp by the contrary counsayles of his subiectes learned to gaynesay it or dissent to satisfie this his desire Qui dicebant quòd satis imo nimiū iam suorum caursinorum vsuris Romanorum ac Italicorum rapinis simoniis Angliae puritas maculatur quamuis non presentialiter bona ecclesiae regni dissipet predetur Which sayde that the puritie of the Realme of Englande was alredy enough yea to much defyled by the vsuries of his cormorantes and by the extortions and simonies of the Romanistes and Italians though that he do not by his presence waste and robbe the goodes of the Churche and of the Realme And farther they sayde for that the sayde pope was denyed any entrie into the Realme of Fraunce though that he required the same by his solempne ambassadours so his entrie was denyed to enter into the realme of Aragon For saith the writer Infamia enim curiae papalis id promeruerat cuius fetor vsque ad nubes fumā teterrimā exhalabat The infamie of the papall court had deserued this repulse the stinche whereof dyd breathe out euen vp to the cloudes a most detestable fume Edm. lib. 6. And as concernyng any commyng of any legate into the Realme he woulde neuer admit one as long as he lyued And though that pope Calixt sent into the Realme afterwarde his moste solempne legate Petrus Romanus monachus Cluniacensis commyng in a more portly glorie then euer any dyd before the kyng so disposed the matter that after he was come into Englande wylled that he shoulde neither visite churche nor monasterie commaunded that he shoulde be brought to be at hoast with him for he sayde his Realme of Englande was free from the iurisdiction of any legate and so shoulde be duryng his lyfe for so had Calixtus promised hym Wherevpon after some liberalitie bestowed vpō him on the kynges behalfe the king sēt him ouer againe the way he came out of England though his cōmyng was to haue exercised his office of legatship thorough the hole Realme If the reader wyl know the cause why that Thurstone fell into the kinges displeasure was for that he askyng licence of the kyng to go to this councell of the bishop of Rome and coulde not possiblie obteyne the same before he made his promise vpon his allegiance that hè would do nothyng with the pope in preiudice of Canterb. churche nor woulde by any mans perswasion receaue his episcopall consecration at his handes which so faythfull a promise to the kyng he contemptuously brake notwithstandyng wherat both the kyng and the nobilitie dyd much maruell for such infidelitie But suche was the obedience in those dayes to their princes for the more fauour they bare to this forrayne vsurper that is in playner tearmes falsely forsworne to the kyng their liege lorde and enemie to the Realme so farre as it myght stande to the aduauncement of the popes iurisdiction whose creatures they were and so reioyced in common speache to call them selues and as it myght with the satisfiyng of their owne gaynes dignities and pleasures Thus farre out of the common written stories haue ben alleaged the rather by the occasion of entreatyng of byshop Anselmes tumultuous doynges who was the firste that euer in England toke vpon hym to diuorce lawfull matrimonies in all priestes so many hundred yeres vsed in quiet possession in the Realme and many of them stablyshed by Lanfranckes constitution and as he the first so the most extreme agaynst all ryght and conscience vntyll the raigne of Quene Marie in whose dayes Hildibrandes spirite was raysed vp agayne and Anselmes whot Munckyshe zeale in lyke sorte prosecuted as it was in his tyme. If any man be offended with so much in particularitie vttered let hym vnderstande these matters to be fetcht out of the bokes of such stories most written by munckes who both in wordes deede and wrytyng professed the state of perfection expressyng all charitie therfore can not be thought to rayle in the writing of their stories which saith both Matth. Paris and Henrie huntyngton muste be perfourmed in all trueth without any parcialitie eyther of personages for honour and holynes nor maye not be transgressed for loue of kyn or frendes whatsoeuer After Anselme archbyshop folowed Rodulph a seuere muncke in profession also Rodulph first an Abbot in Normandie after that byshop of Rochester and in conclusion archbyshop of Canterburie of whose dayes no great recorde is extant of makyng or forcyng any decrees or constitutions agaynst maryed priestes although it is reported of Edmer that he was very seuere agaynst the said Henrie the first Ioannes Hagustaldensis beyng a prince of such godlynes that one Cronicle writeth so much to his cōmendation that he saith Post quem princeps non surrexit alius qui sic iniustas regni exactiones interdiceret subditos in pacae modestia sapientius disponeret c. After whose death there folowed no
inconuenience And let not the scrupulous consciences of men be blynded in them selues as to iudge any impuritie in the bodyes of them which honestly vse gods institution of matrimonie De virg cap. 33. No Saint Austen doubteth not to say Quia fancta sunt etiam corpora coniugatoruÌ„ fidem sibi domino seruientium that the bodyes euen of the maried folke be holye of such as preserue their fayth to them selues one to the other and their fayth to god And there in that discourse saint Austen proueth that the graces of continencie was not vnlyke in Iohn Cap. 21. who neuer had a do with maryage and in Abraham who had chyldren so that the chastitie of the one the matrimonie of the other came to one ende to serue the Lorde Agayne it may not be thought that for the worldly cares which may be in matrimonie priestes be more charged than for other cares and turmoyle of the worlde For suche carefulnes may assone defyle the puritie of the mynde as the cares which be in matrimonie Aswell be these carefull trauayles of the worlde forbydden to the priestes as cares which be in wedlocke De bono viduitatis cap. 23. God forbyd saith S. Austen to the wydows that ye shoulde be entangled with the desire of riches in steede of the cares of matrimonie that in your heartes money should beare the chiefe rule and so loue of money should be your husbandes Wherevppon Chrisostome wryteth Audiant hoc virgines Hom 19. 1. Cor 7. quòd non in hoc definita est virginitas corpore solum virgines esse c. Let virgins heare that virginitie is not in this poynt so concluded for the bodyes only to be in virginitie For she which hath the cares of seculer matters she is neither virgin nor honest And Theophilact saith 1. Cor. 7. When thou shalt beholde any virgin which hath vowed carefully inclined to worldly matters knowe thou certainly that she differs nothyng from a maryed woman And saint Hierome saith It wyll profite nothyng to haue the body of a virgin yf the mynde haue inwardlye maryed This affirme I saith Athanasius that euery virgin wydowe or woman continent yf she haue the cares of this worlde De virg those very cares be her husbande Whervppon I must conclude with saint Austen to these Desinant isti contra scripturas loqui Epist. 89. quest 4. Let these ceasse to speake against the scriptures And let them in their exhortations excite mens myndes to the more perfect state that yet they do not condempne the inferiour gyftes For some saith he in their exhortations can not otherwyse perswade virginitie but that therwith they condempne the matrimonial estate forasmuch as S. Paule saith plainely euery man hath his gyft of God one after this maner and another after that Thus farre S. Austen Better saith he is meke matrimonie then vauntyng virginitie In Psal. 99. And therfore the sayde saint Austen exhorteth virgins that they conioyne other agreable vertues as handmaydes which in deede do moste beautifie the true virginitie In Psal. 75. without which saith he the virginall lyfe either is dead in it selfe or els defourmed in it selfe and let the state be holy both in body and spirite seruyng God without seperation at all Of such myndes were the fathers in olde tyme so exhortyng to the single state of lyfe as mens frayleties myght beare the perfection and vsed no condempnation or compulsion but left it indifferent to the conscience of euery man So dyd that learned abbot Aelfricus afterwarde as some affirme archbishop of Canterburie prescrybyng a synodal sermon to be spoken by the bishoppes to the priestes after his reasons and swasions to the sole lyfe vsed these wordes Non cogimus violenter vos dimittere vxores vestras sed dicimus vobis quales esse debetis si non vultis nos â—rimus securi liberi a vestris peccatis quia dicimus vobis canones sanctorum patrum We do not compell you by violence to forsake your wyues but we declare to you what ye shoulde be and yf ye wyll not we shal be cleare and free from your offences for we haue shewed vnto you the canons of holy fathers This writer in all his whole sermon neuer chargeth the Englishe priestes with any vowe but only standeth vpon the constraynt of canons ecclesiasticall For before the conquest was neuer matrimonie once forbydden nor vowes of seculer priestes once receaued Nor Gildas that auncient Britaine in his sharpe inuection against all estates of his tyme after he had reproued the greatest personages and the regulers of their abuses he proceedyng to speake agaynst the seculer priestes yet in his processe he neuer chargeth them for breakyng any vowe but chiefely for that they were not contented with saint Paules graunt to be the husbandes of one only wyfe but contemned that his precepte and were the husbands of more wyues at once in such lewd libertie as he charged before the laitie to haue vsed them selues in renouncyng their former wyues to take newe and to haue many wyues at once without all regarde of Gods lawes and coÌ„maundement after such lyke sort as the Irishe men vsed tyll Henrie the seconde his dayes what tyme the kyng dyd write to pope Adrian of his purpose to reduce the Irishe nation to better religion Girardus Cambrensis The pope in his rescripte dyd well commende his good zeale and councelled hym to go forwarde but with this prouiso that because saith he all Ilandes that be turned to the fayth belong to the ryght of S. Peter and the moste holy churche of Rome the lande shoulde pay yerely to S. Peter for euery house a penye as pope Alexander folowyng ratified the same with the reseruation of the sayde payment for Irelande and bryngyng to memorie also his pencion for euery house of Englande So that whosoeuer toke payne and coste to set any nation in order or to bryng them to better beliefe the pope would lose nothyng thereby where yet tyll that tyme his fatherhood dyd most strangely suffer that people so outragiously to liue tyll the kyng toke the reformation Upon which letters sent by the kyng â–ª the sayde Adrian dyd confirme to hym and to his heyres of that kyngdome VValter Couent and did constitute them kinges therof for euer And further in the letters of the said king Henrie sent to the pope he professed to refourme their abuses to put Christes religion better amongst theÌ„ Shortly after the kyng sent his learned men to the archbishops bishops there who kepte a great councell at the citie of Cassalense wherein they dyd constitute that where before the Iryshe vsed to baptise the children of the greater men in mylke and of the poorer sort in water and that where the Irishe laitie had as many wyues as they woulde nowe they decreed that water only should be the element indifferently for all their chyldren and that they shoulde mary
of the cleargie in their booke wherein they instructe a christian man to lyue godlye that it was lawfull for hym by gods worde to abrogate canon lawes repugnaunt to the lawes of the Realme and affirmyng further by testimonie of olde wryters that whatsoeuer was so enacted in this Englyshe churche had sufficient strength aucthoritie and power beyng a catholike and an apostolyke churche in it selfe the rather for doing their endeuour to returne all the order of the primatiue church agayne and therfore beyng more agreeable to Christes doctrine makyng more to edifiyng and benefite of Christes church What learned men standyng only to learnyng and reason can iustly eyther impugne the late state and order in this behalfe taken in the raigne of the noble prince king Edwarde the sixt or yet can reasonably suggill the doctrine and assertions published and set out in the dayes of that famous prince kyng Henrie the eyght by al his best learned cleargie as makyng way and preparation by their wrytynges and preachynges to put in execution that which was of late so vsed and practised If the fathers of Rome Churche diuers of the best learned by their prudence thought it meet to release the rigour of canons and rules of the churche whervpon they sometyme did dispence in diuers cases of great importaunce geuyng theyr assent before they were done sometyme bearyng and tolleratyng many thynges passed without auctoritie after they were done If their scribes and registers expositors of their lawe leaned alwayes to the equitie of the lawes fauourablie expoundyng them to the moste benefite and sauegarde of suche as were offenders agaynst Goddes morall lawes If the head fathers and pastors of other churches in their pastorall prudence vsed their tollerations in such cases as Origen doth testifie that the bishoppe in Alexandria permitted without agaynst the scripture a maryage to be made with a certaine woman in respect of her infirmitie as Millane churche and Constantinople churche vsed in the election of their bishoppes Ambrose Nectarius contrarie to the rule of the apostle as not yet christened as is before rehearsed And if that sayde holy bishop Ambrose dyd in his churche permit priestes to be maryed as Barnardinus Corius in his chronicle maketh report saith further that one Henribaldus Cotta a lawyer by profession beyng one of the first that woulde forbyd priestes to marry wyues was slayne of them for his importune extremitie Whiche thyng is reported of Ioannes Neuisanus doctor of lawe in his booke entituled Silua nuptialis where he aleageth howe the canonistes and schole men racke violently the lawes scriptures and gospels in this cause agaynst the true sense of the wordes and aduoucheth further that these canonistes make large thonges of other mens leather euen lyke saith he as the strumpet dyd of an other bodies chylde and that because they haue no wyues them selues Who when they haue any be aboue al other men burnyng in the fire of gelosie as he bryngeth his auctoritie therfore But nowe thus they speake saith he because them selues hauyng not only one paramour but haue many wyues and paramours and otherwhyles concubines also at one tyme together Whervpon he wysheth the lawe of continencie to be remitted and bryngeth in to ioyne with hym in this his iudgement not only the famous lawyer Panormitan but that notable man Felinus also with others And furthermore he affirmeth that the reasons of the canonistes of these dayes do proue that priestes after they be ordered may not marry be to no purpose because saith he they be grounded in couetousnes whiche is not conuenient to the true folowers of Christe And there in that his disputation he citeth diuers doctors who do disclose the corrupte intention of the canonistes in deprauyng and falsyfying the letter textes of Ambrose other doctors in the same cause If the churche of Ptolomais attempted so muche agaynste Christes religion and his apostles consentyng to electâ— a platonicall philosopher miscredityng the principall articles of our fayth and that after his open protestation that he woulde not as then either relinquishe his opinion or yet his wyfe and was accepted with them both What wyse man indued with any consideration of christian pollicie can iustly quarrel with the head pastor of our churche of Englande to tollerate thynges standing against no scripture at all so passed as they be Yea though they should vse more mercie and clemencie towarde the miserie of those ministers then some euyll and vncharitable instigatours woulde wishe they dyd If the vniforme assent and consent of wryters haue attributed so large auctoritie to counselles and bishoppes decrees to dispence so vniuersally that they say a bishop a mere diocesan may dispence with heretickes that other may the sooner returne agayne with scismatickes with simoniackes with suspended and excommunicates with adulterers with murtherers in theft in sacrilege in deacons matrimonie for afterwardes to be contracted with their protestation in priestes matrimonies alredy contracted so it be with a virgin and that he may dispence in orders and dignities vnder the state of a bishop If he ought saith the lawe as bounde by necessarie constraint of spiritual gouernaunce to dispence either in such cases where either some greater commoditie to folowe may be hoped or where the peryll of some greater inconuenience may be feared and sometyme in respecte of the multitude and to auoyde sclaunder of offence that els might be taken What may be gathered hereof by the wise reader and what auctoritie is and may be iustly thought to be resiaunt in the whole order and seignorie knit and conioyned al wholly togethers in one yf so muche be graunted to euery one of them seuerally alone If the Canons of one councell be drawen commonly to expounde an other as one lawe to declare an other then where it is decreed in the fourth councell at Tollet Quod Clerici qui sine consultu Episcopi sui vxores duxerint c. seperari eos a proprio Episcopo oportebit That clarkes that without councell or consent of their byshops haue maryed wyues c. must be seperated by their owne byshop agayne Howe reasonably then do these men crie for seperation of such of the Cleargie who dyd not vpon their owne heades attempt the state they be in and diuers of them neyther without the counsell nor yet instigation of their onely proper Diosesant but with the consent and aucthoritie of the whole order of all the Metropolitanes and Diocesantes in Englande in their deliberat consultation first among them selues and after so exhibited to the state of the Parliament afterwarde in their priuate diocesses commendyng the statutes passed and sendyng their Chaplaynes abrode in their diocesses to declare the commendations and necessitie of the same as be yet at this day auncient Bishoppes styll alyue remaynyng that can beare witnesse of this whiche is here affirmed yf they were therto required Last of all where that noble prince of famous memoriâ— kyng Henrie the
eyght vsed so much prudencie in reducyng and reposyng his Realme in such godlye knowledge and christian peace as the measure of Gods giftes graunted vnto hym dyd moue hym to the same where in this case what clemencie he vsed it is not vnknowen and yet vnder sharp lawes so tempred the rigor of them that of his owne disposition a verie few felt the extremite of the execution though many were drawen into feare by them His onely example myght reasonably stande agaynst all detractours for the defence of all such his naturall subiectes left behynde hym of whom he promoted many so much that they can not forget hym so soone after his departure which deserued so much at their handes when he was here lyuyng Wherby all estates as be aliue may by prudent comparison gladly assure them selues to see the lyke after their departure of those whom they fauour and preferre in the tyme of their lyues These thynges I say considered may I trust be thought of indifferent and learned christian men not out of tyme spoken nor out of due order of obedieÌ„ce or charitie vttered at the lest way no otherwyse then charitably meant and intended by the writer of the same Who as charitably desireth the christiaÌ„ quiet reader to peruse as benyngly to interprete that which is written which yet be it alway subiect to reformation of all such as of conscience and godly zeale wisheth the aduauncement of Gods glorie the trueth of his worde the honour of the Churche and quiet of this our naturall countrey Amen Aug â–ª de nup et concupis Ista controuersia iudicem querit iudicet ergo Christus Iudicet cuÌ„ eo et apostolus quia et in apostolo ipse loquitur Christus This controuersie requireth a iudge let Christ therfore be iudge And let thapostle iudge with hym for in thapostle also Christe speaketh Non afferamus stateras dolosas vbi appendamus quod volumus et quomodo volumus pro arbitrio nostro dicentes Aug. contra donatist li 2 ca 6. Hieronim 24. q. 1. cap. non afferamus hoc graue est hoc leue est sed afferamus diuinam stateram de scripturis sacris tanquam de thesauris dominicis et in illa quid sit grauius appendamus immo non appendamus sed a domino appensa recognoscamus Let vs not bryng foorth deceytfull balaunces wherein we may waygh what we wyll and howe we wyll saying after our owne opinion this is heauy this is lyght But let vs bryng foorth Gods balaunces out of the holy scriptures as out of the treasures of the Lorde and in that let vs waygh what is more wayghtie nay I say not let vs not waygh but let vs acknowledge the thynges alredy wayghed of the Lorde FINIS A Table of the principall matters conteyned in this booke A ABbesse of Ramsey maryed .316 Abbesse of Amesburie depriued for incontiuencie .316 Abbottes depriued by Anselme .285 Alphonsus vpon the place propter fornicationem vitandam 140 228. a. 264. a. 235.103.206 Aldelme purged pope Sergius .200 b. Ambrose chosen bishop before he was baptised .267.274 writeth vpon melius est nubere c. 145. a. Amalarius testimonie for church seruice .337 Anselme entreated the pope for priestes .15 b. first separated priestes mariages in Englande .214 b. his superstition .214.281 his boke contra offendiculum sacerdotum .280 entreateth for simoniackes .284 resorteth to the pope .294 whose auctoritie he defended .294 his intreatable seueritie .293.295.296 against Thomas of york .298 his decre how it succeeded .298.299 Antonine witnes of priestes dispensations .267 b. Apostles all had wyues pag. 32. b. 33. d. 156. b. 157. a. they dyd not constitute sole lyfe .258 c. 260. c. Appollinaris a priest maryed after order .157 b. Ariminensis sinodus .212 Augustine preferryng scriptures before councels and doctors .98 d. proueth votaries mariages to be good .101 b. 102. a. 225. a. not callyng their mariages adulteries .150 b. 229. b. Augustine corrupted by Gratian .153 a. he reproueth the Nouatians for seconde maryages .163 b. in whose tyme the churche had not defined vowes to be indispensable .233 a. Aethelwolfus subdeacon maryed .272 Alfricus â—â—dgement of priestes maryages .243 Auentâ—â—â— Iohn of priestes maryages .345 Apostles canon against priestes leauyng their wyues .354 B Barnardus against restraynt of maryages .287 Brennyng of diuers abbeys and churches .308.309 Boniface archbishop resisted in his visitation .323 charged to haue a wyfe .323 his habilitie and qualities .324 Boniface pope the eyght terrible to princes .173 a. Bishops charge Fo. 3. pag. 2. a. their ryght stablyshed by parliament Fol. 5. pag. 2. d. they are charged Fol. 6. pag. 1. b. not enioyned to conteyne of necessitie .251 their slacknes to refourme priestes .333 Bishop of Ely Galfride maryed .317 Bishoppes maryed before bishop Cranmer .355 Bookes de potestate Regia and institution of a christian man neuer aunswered .176 b. Barnardinus Corius .346.356 C Calixtus decree not obserued .151 c. Canon of Gangrense councell .259 a. Canon of Matiscone councell for honoryng of priestes .96 c. Canons of the churche howe allowed Fol. 4. pag. 2. b. Canons of the church be not reuiued vpon the repeale of a statute to empeache that was done by force of the statute .172 b. and they do not disable the lawes of the Realme .174 b. 180. and be receaued as they make to the policie of the realme .176 a. Conuocation abolished lawes of continencie .351 Canons of another iurisdiction not allegeable .60 b. Canons rehearsed which do but depriue and not seperate maryed persons .168 a. Canonistes reasons against maryage of priestes vaine .356 Canterburie munckes described by William Malmesbury .215.291 Cardinall legates returned home againe .303 Cardinalles delecte bewray errors of the Churche .187 b. Cardinall Caietane of orderyng .227 a. Carnall reasons against maryage .237.239 Carterius Hispanus named by S. Hierom .212 a. Catholique name abused .79 c. Cayns boy of Cambridge .99 d. Chastitie a rare gyft .148.251 a. Chastitie lesse fauoured then lecherie .272 Chastitie is not to be charged by necessitie .248.347 Churche buylded on Peters confession not on his person .76 a. Churche of Englande hath defined votaries maryage to be good .233 c. Churche of Englande a catholique churche .355 Church of the pope cruel .269 a. Churche tollerateth the cryme of open harlottes .328 Chrisostome of votaries mariage .102 b. Chrisostome councelleth to auoyde the daunger of fornication by goyng to maryage .138 d. Chrisostome exacteth not of a bishop to be vnmaryed .276 d. Cleargie some of them expostulated with Fol. 11. pag. 2. d. Clarkes maryed do open penaunce .89 b. Concilium Agathenâ—e .222 b. Concilium Epaunense .221 c. Councelles hath Christe really present saith Martin .210 a. Concuâ—mate must needes folowe after prohibition of mariage .286 Constitutions ecclesiasticall howe to be obeyed .329 Constantines fauour in hydyng priestes incontinencie .94 c. Constantine sharpely threatneth the cleargie .96 a. Cremensis Cardinall .217.307 D Deacons at their
by their solempne profession betwixt an inclusiue and an open vowe betwixte Priestes and Monkes Thus farre doctor Martin I report this note good reader but to thyne owne iudgemente whether thou maiest not marke a notable poincte of folie ignoraunce or wilfulnesse in this fonde Ciuilian thus to wrest and drawe the woordes of his aucthoritees â—xtra de voto quod voti reâ—emptione so farre against the heere as though bothe al mennes reasons were not against his note and as though the Lawe it self saied not ê™ alia est causa monachi alia clerici â–ª And further there is written ê™ plura profitendo promittit Monachus quaÌ„ recipiendo sacrum ordinem clericus And for diffrence it is written in the Extrau of Ihon the .xxij. Chapiter Antiquae Coniugatus ante copulam sacrum ordineÌ„ suscipiens cogitur ne ad coÌ„iugem sed habitum monachi suscipiens Exâ—t de coÌ„uers comugas Cap. verum â—â—vobas qui transgredimi mandatum Dei propter traditioneâ— vestram Math. potest inuita vxore ire ad religionem cogendus ibi manere vinculum coniugii inefficax redditur The maried manne that vndertaketh holy orders before carnal knowledge of his wife is inforced to go to his wife but he that becometh a Monke maie against his wiues wil goe forwarde to his Religious profession and ought to bee compelled therein to remain and so the band of mariage to be without force or strength Cardinall Caietane writeth whiche Thomas also .2.2 affirmeth Quòd votum per se solemne est indespensabile per illud decretale cum ad Monaste Quod est regularium sed votum per accidens quod est annexum ordini sacro quod est secularium est dispensabile .4o. sententiarum Ergo alia est causa Monachi alia Presbyteri That a vowe whiche of it self is solempne is not to bee dispensed with if it bee of Regulers But a vowe of a secular not annexed to his holy order called a vowe per accidens maie bee dispensed with well inough and therefore the condition of the Monke and of the Prieste bee diuerse Whervnto bothe Antonine in Summa part .iii. and Bonauâ—nture .iiii. sententiarum Distin .xxxvii. doe agrée WhervpoÌ„ your thrée notable poinctes beyng well waied are not worthe three agglettes It is a true lawe to bee verified of hym self that he reporteth in his fifth Chapiter Lâ—aÌ„ G .iiij. Semel malus semper presumitur malus in eodem genere mali If it be true that your self pronounce in your tenth Chapiter that it is the nature of heretikes euer to take a peece of the aucthours woordes and not the whole sentence I would desire the indifferent reader by expendyng your reporting of your Doctors and Counsailes after this maner to iudge of what complexion ye be of Seing therefore to borowe some of his owne woordes this Doctor Martin coyneth suche notes and argumentes whereof some of them be false in forme and some false in matter saiyng in his obiections he depraueth scripture misconstrueth his aucthours misreporteth stories misnameth his doctors seinyng Ambrose to be Augustine and Cirill Origen and yet corrupteth them all all to this ende that he mighte frame a probable argumente in an vnprobable matter I truste good reader thou wilte credite no further his stoute bolde assertions and glorious processes then the truthe of the matter will beare his cause But because I will not be ouer tedious I lette diuerse other suche foule shamelesse lyes and deprauynges vntouched But as for the aucthoritée of sainct Augustine de bono viduitatis where he proueth the mariages good euen of votaries though their promise breaking be condempned he toke the next waie to corrupt the text For he saw plainly it could not be otherwise shifted of with all the gloses he can deuise it is so manifest And though it hath béen wonderfully drawen racked of diuerse suche wittes 17. q. 1. Nuptiarum bonum In glosa as doctor Martin hath yet to the indifferent reader that will expend the very text in S â–ª Augustine and the processe he goeth about it must nedes purge it self of al the drosse thei can cast vpon it though Pighius falsifieth the text and Petrus Lombardus leaueth out the woordes of the moste pithe to blinde the reader And some there be that to plaie it a waie expound all the whole treatise of sainct Augustine in that poynct to be ment of a simple vowe and not of a solempne vowe Some glosers affirme the first part of the processe to be ment of simple vowers and the latter parte sc plane non dubitauerim dicere c. to bee ment of solempne vowers And these two shiftes hath this doctor Martin of those glosers beside his owne peculiar deuise of mangling and manifest corruptyng the texte Some glosers affirme it to bee wholly ment of solempne vowers and some glosers are so bolde to deny sainct Augustine and affirme that here he slept and that he did not well reason in this matter As the common gloser of the decrées Gardineâ—us contra BuceruÌ„ Lib 3. And some shifteth of the matter after a newe sort and saie that sainct Augustine did write this his opinion before the churche had otherwise defined this cause vz. that mariages after the vowe should be no mariages wherby he meaneth that sainct Augustine speaketh of solempne vowes For the church at these daies doeth not yet decree that mariages after simple vowes be no mariages or that thei ought to bee dissolued Whiche saiyng if it bee true then I put it to the indifferent reader to expends whether the mariages of votaries after their vowes beyng thought good and not to be dissolued from the Apostles daies â—â—l sainct Augustines age and so in his tyme thought good how nought soeuer thei were to breake their aduised vowes whether we may not better sticke to sainct Augustines aucthoritée and to the common faith that was before his tyme rather then to that definition whiche hath been made since contrarie to the faithe of those writers Specially seyng the Busshops of England many of them yet liuyng at this daie in their booke of institution of a christian man teache plainly that it apperteineth to christen kinges and Princes in the discharge of their duetie to God to reforme and to reduce againe the lawes to their old Limittes and pristine state of their power and iurisdiction whiche was giuen theim by Christe and vsed in the primatiue Churche For it is saie thei out of all doubt that Christes faithe was then moste firme and pure and the scriptures of God were then best vnderstand and vertue did then most abound and excell And therfore the customes and ordinaunces then vsed and made must nedes be more conforme and agreable vnto the true doctrine of Christ and more conducyng to the edifiyng and benefite of the Churche of Christ then any Custome or Lawes vsed or made since that tyme. And so forth in their exposition of
the Sacrament of order So that Master Doctor Martin may plainly perceiue that he hath the most parte of the Busshops in England and of greatest learnyng and aucthoritee against hym And that their assertions and confessions ouerthrowe all his strong buyldynges of Lawes and Canons though there were no more learnyng to alledge in the cause Where it is alledged that the Churche hath constituted that order should haue chastitée annexed it may bée answered that is but only of mannes constitution of the churche tradition as al writers bothe Deuines and Canonistes do coÌ„fesse the same And where I might alledge bothe Thomas Albertus Stotus Orbellensis Bonauenture Durande Abbas Panormitanus Petrus dâ— Palude Astexanus Prepositus Gratian and the comon gloser yet for them all I shall report one whiche was bothe learned in diuinitée and law Cardinalis Caietanus whose wordes be these Nec ratione nec authoritate probatur ê™ absolute loquendo Sacerdos peccet contrahendo matrimonium Nec ordo in quantuÌ„ ordo nec ordo in quaÌ„tum sacer est impeditiuus matrimonij ê™ Sacerdotium non dirimit matrimonium coÌ„tractum siue ante siue post seclusis omnibus legibus Ecclesiasticis stando tantum in hijs quae a Christo ab Apostolis habemus It can not bee proued neither by reason or auctoritée that to speake precisely a prieste should offende in contractyng matrimonye For neither order in that it is order nor order in that it is holy is any lette to Matrimonie and that priesthode doeth not dissolue Matrimonye contracted either before or after settyng a parte all Ecclesiasticall Lawes standing onely to that whiche we haue of Christ and his Apostles If then by the doctrine of the Clergie of England the kynkes aucthoritée maie do as muche in positiue Lawes as euer the Busshoppe of Rome was able to doe And it is the consent of all diuines and Canonistes vniuersally holden that the Busshop of Rome hath full aucthoritée to make and to vnmake to dispense in all Churche Lawes of what name and nature soeuer thei be yea vniuersally with al maner lawes except the Articles of our faieth which yet he may interprete why shall not then the kyng with consent of his Parliament be thought to haue done rightfully in the late dispensing with that positiue lawe whiche was onely thought to bee againste priestes If as sainct Paule saieth Christe by abrogatyng the commaundement Ephe. 2. Coll. 2. whiche was conteined in the lawes of the decrees written hath put out the hand writyng that was against vs and so discharged vs of all maner condempnation vnder whiche we were holden thereby why in lyke maner maie it not be saied that priestes be discharged of all maner condempnation bothe of depriuation and diuorsyng seiyng that all Lawes were by the kynges iust aucthoritée abrogated whiche conteined any maner condempnation For what other thyng do restreine priestes from that libertée that God hath graunted frelye to all menne but either Lawe or els vowe and promise made by them selues If it be lawe then seyng it is but mannes Lawe mannes Lawe againe hath taken it a waie and therefore on that side there is no daunger And as for vowe and promise there was none passed by Secular Englishe Priestes nor none required at their orderyng And though there were yet writeth Alfonsus plainely Philippica .xix. that yet after their promise this libertée of the Apostle is still wholy remainyng to them sc propter fornicationem vitandam vnusquisque vxorem suam habeat c. For auoydyng of fornication lette euery manne haue his wife c. And moreouer saieth that he can not see how any manne can depriue hymself of this libertée vnlesse therewith he depriue hymself also of eternall saluation And affirmeth further that when the libertée of any lawe of restraint is graunted by aucthoritée his conscience maie bee in suertée to whom suche concession is graunted And as concerning the case of votaries how strong so euer the bonde of a vowe is yet it followeth the nature of an oth For thei bothe walke after one sort votum iuramentum pari passu ambulant saieth the Lawiers and an othe maie not bee a bonde of wickednesse Furthermore how muche offence so euer the votaries doe runne in before God or the worlde to breake their well aduised vowes constituted by man yet after mariage bée so attempted by them it maie not bee dissolued Seyng mariage is of Gods ordinaunce the vowe but of mannes constitution Dist. 27. Diaconus For it is written in the Decrées by GratiaÌ„ Si diaconus a ministerio cessare voluerit contracto matrimonio licitè potest vti Nam si in ordinatione sua castitatis votum obtulerit tamen tanta est vis in sacramento coniugij ê™ nec ex violatione voti potest dissolui ipsum coÌ„iugium If the deacon will cease from his ministerie he maie lawfully vse matrimonie contracted For although wheÌ„ he was ordered he offered vp the vowe of chastitée yet there is so greate strength in the Sacramente of Wedlocke that the self same mariage maie not bee dissolued no not after the breache oâ— the vowe Whiche was also further affirmed by Gratian grounded vpon sainct Augustines aucthoritée Cum quispiam post votum castitatis ducit vxorem iuramento firmans nunquam ab ea discessurum quod quamuis illicitum sit quià iustitia sibi probatur deesse tamen authoritate Augustini seruari precipitur 22. q. 4. â—unocens When any manne after the vowe of Chastitee marieth a wife bindyng it faste with his othe that he will neuer departe from her whiche although it bée vnlawfull for as muche as it is euident that righteousnes and iustice wanted in the acte yet neuerthelesse by the aucthoritée of sainct Augustine it is coÌ„maunded to be conserued still And there Gratian proueth that this thyng standeth vpon the strength of the othe where he saieth other mennes opinions bee that it is by the prerogatiue of Matrimonie And whether Gratian mente that aucthoritée of sainct Augustine De bono viduitatis or whether that whiche he reporteth in the Lawe in these wordes to be sainct Augustine Dist. 17. quidam Let the reader iudge Quidam nubentes post votum asserunt adulteros esse Ego autem dico quòd grauiter peccant qui tales diuidunt Some affirme saith he that suche as doe marriâ— after their vowe bee adulterers but I saie that theé offende greuously whiche doe separate suche Whiche forme of wordes in suche asâ—eueration maie sone make vs vnderstande how earnestly sainct Augustine was in this opinion And lest it should be taken that sainct Augustine did write this his senteÌ„ce vpon sodaine consideration he expresseth the same againe vpon the .lxxv. Psalme Quae autem respexit ad nuptias non quia voluit nubere daÌ„natur sed quia iam ante recesserat fit vxor Loth respiciendo retrorsum She that hath looked backe to mariage is not dampned because she