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

.27 b. compareth the scripture to a nose of waxe .100 c. Pius pope his opinion of priestes mariages .198 c. Plagues notable .130 Popes decrees not aboue princes lawes Fol. 5. pag. 1. a. the causer of dissention betweene the Greke Churche and Latine .55 c. he is Luminare maius .67 d bounde to acknowledge his wyfe .200 a. one disanulles the other doth graunt .204 c. called Antichrist by the byshop of Duresine .214 diuers of them byshoppes and priestes sonnes .313 Pope Sergius purged by Aldelme of his fornication .200 b. Popes matters .33 pag. 158. Pontificall of Rome falsely brought in for the Pontificall of England .183 a. 185. a Polidorus iudgement of forced chastitie .262 b. Pontificall bookes .282 Pretence of Martins booke Fol. 2. pag. 1. b. Prelates discretion in tyme of the pope Fol. 4. pag. 1. b. Priestes maryed vniustly entreated .2 a. leafe 4. pag. 1. a. Fol. 13. pag. 2. a. their mariages to be defended as a cause publique Fol. 7. pag. 2. b. continued maryed .1000 yeres Fol. 15. pag. 1. b. massyng priestes pag. 25. b. haue ordered .26 d. maryed priestes in estimation .30 a. 60. a. maryed in the Primatiue Churche .42 b. vncontinent priestes a shame to the Cleargie .31 a. Priestes had wyues and sayde Masse .41 c. maryed not to be seperated .59 c. their contractes iustifiable by lawe .67 a. and some maryed after order .76 c. their incontinencie excused .84 b. 85. b. 86. a. not reformable by lawes .87 c. whose maryages yet more punished then fornication .88 a. and clarkes incontinent may not be put to open penance .89 b. nor their immunities to be iudged of .91 c. priestes laye heauie burdens on other mens neckes .68 c. Priestes offendyng seldome repentyng .82 d. who by vowe renounce mariage not fornication .93 d. and beyng incontinent maye not by othe abiure incontinencie .93 d. forbidden certayne women in their houses .94 a. their crownes .108 a 110. priestes chyldren slaundered to bryng famine into the Realme .125 c. 133. a. their mariages honourable by Iustinian .197 the forbiddyng whereof was not before Siritius tyme .230 d. 258. yet after resumed their wyues agayne .194 for in orderyng they make no promise to renounce maryage .182 b. the prohibition of it was not the Apostles doctrine .153 c. Prayer fastyng holyday and chastitie not forbidden but the hypocrisie of them .166 a. Primatius denieth that all may take the gyft generally .141 c. Profession of priestes denied by them to be made .282 Profession of religious in young age .310 Prosper a byshop maryed .271 Phileas byshop maryed .349 Priestes marying without consent of their byshops depriuable .357 Pascall pope complayneth of kyng Henrie .300 Pascall offereth to dispense with the kynges promises 301. Pope meetyng with the kyng at Gisors .301 Popes craft towardes the kyng for commyng into Englande .301 Papall court burdenous to the Realme and infamous .302 Q Queene Marie in her Commission charged the ordinarie to execute no canons agaynst the lawes of the Realme .175 a. R Rabanus fled out of his order .292 Richarde Archb. of Cant. decrees agaynst concubines .317 Richarde the kyng taken prisoner .321 Rome what store of harlottes it hath .202 b. Rigour of discipline to be moderated .273 Remigius Archbyshop at .xxij. yeres .347 Restitutus byshop of London maryed .348 Redmayn Iohn Doctour● opinion .352 Rodulph Archbyshop of Cantorburie .304 Robert byshop of Lincolne maryed .307 S Sampsom byshop of worceter his testimonie agaynst his sonne .298 Separations of maryages hurtfull to the common wealth .181 a. Scriptures and Doctours compared .73 b. Scripture ought to haue preeminence .74 a. Scripture most certayne iudge by Athanasius .100 c. Scriptures and Christe must be iudge .246 a. Simon Magus disciples .80 c. Semel malus semper presumiter malus .106 c. Seritius pope first decreed continencie .152 a. Seritius first forbad maryage .230 d. 258. c. Sinesius byshop elect woulde not consent to leaue his wyfe .274 b. Simonie .283 Si non caste tamen caute .329 b. Sole lyfe a rare gyft which all can not take .65 b. 136. d. Sodomiticall sinne publique .285 Spanishe heretiques .115 a. Statutes of the Realme corrupted by Martin .169 a. Statute of Queene Marie or repeale but for afterwarde .171 d. Statutes made by kynges not to be reuoked by popes .178 a. Statutes chaungeable for tyme and place .205 a. Single lyfe why so much forced .276 Saxon rules of priestes .346 Scottishe lawes .350 T Tertullian of seconde maryages .163 d. Thinges neuer done are not therfore vnlawfull to be done .253 a. Thomas de Aquino his counsayle to a clarke y● cannot cōtayne .206 a. Thurstone Archbyshop of yorke repelled of the munckes .312 Theophilact counsayleth to mary for auoydyng fornication .138 b. Thurstone Archbyshop brake his fayth with the kyng .303 V Virginitie not so necessarie as the ministerie Fol. 7. pag. 1. a. 276. Uirginitie compared with Matrimonie Fol. 18. pag. 1. c. Fol. 18. pa. 2. c. d. Uirginitie aboue our reache .146 c. Uirginitie vrged by the fathers .276 Votum simplex et solemne .104 c. 231. c. 242. Votaries not to mary howe it is lawfull or vnlawfull or expedient .142 v. Vnius vxoris vir expounded pag. 32. a. pag. 61. a. Uotaries mariages alowed by Austen .207.209 d. by Cyprian ibidem by Hierome .208 c. by Gelasius .209 a. by the counsayle at Orleans .210 b. Uowes perfourmable must come from the gyft of God .147 d. 148. a. what circumstaunce they shoulde haue .149 howe they shoulde be made .236 Uowes solemne be of the Churches constitution .229 d. Uirginitie howe it is defined .342 Uirginitie ought to be otherwise qualified .343 W William Archbyshop of Canterburie .289.307 Williams decree agaynst maryed priestes helde not .308 Wattune Abbey .310 Waltham Abbey turned to reguler chanons .319 Writers of Louane to Malapart .335 Wyues many to one man .350 FINIS ¶ Imprinted at London by Richarde Iugge printer to the Queenes Maiestie Cum priuilegio Regiae Maiestatis

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

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

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 Hēry 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 incarnatiō 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 benefi●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 ꝙ 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 pōtificem 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 diligētly 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 whē 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 ●ow importune soeuer he was vpon Tharchebishop of Mogunce to execute his cōmaundement yet perceiuyng saieth Nauclerus how lōg 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 thē what thei would chose of this offer made vnto thē But in th ende as Mattheus Parisiensis writeth Anno dn̄i 1074. Sacerdotes vxoratos a diuino officio amouit nouo exēplo vt multis visum est inconsiderato preuidicio cōtra sanctorū patrū sententiam vt validius vxoratos sacerdotes puniat laicis interdixit ne missas eorū audirent decimas ●tiā debitas igne iussit concremari that is he remoued maried priestes frō ministratiō vsyng therin a strāge exāple 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 Hēry 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 whē 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 accusatiō 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

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