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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

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 ●4 q. 3. Trāsferunt 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 pr●ceade nigher the rules of the Apostles then that Chur●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. ● lrā f. 1. Panorm ●ignifi de elect Dist. 31. ●●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 vpō 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 entāgle 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 credēce with treason also and malice to her grace and that without exceptiō 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 charge●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

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 frō 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 frō 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 cōstitute 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 preeminēce 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 the●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

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

either dried by the smoke or sodain by fier And if he leste to eate it rawe it must be doen after Easter Now whether S. Augustine maie meane of suche constitutions let M. Martine expende But to returne it maie chaunce that this Ciuilian to aduouche his other saiyng will outface the matter with the Spanishe stories or counsailes in Spaine to proue the maried Priestes in England to bee like the Apostatas and Heretikes in Spaine And then ye knowe he hath soore charged theim with an hainous name beside the note of dissolute contempt of good and auncient orders in the church and saie that of verie like crafte and subtiltie belike thei put awaie their crownes as other Heretikes and Scismatiques put forthe laye mennes bokes out of churches by whiche thei might haue read many a good Catholike lesson if thei had remained still And euen so might the Laye people by beholdyng the priestes shauen crownes haue had a faire letter thereof to haue red there that thei had vowed chastitee For what els might thei say doeth that faire wéekely shorne marke and circle declare so well looked vpon that at euery sacryng of the Masse it is as sone and as well espied as the Sacramente the whiche some poore simple purblynde people doe some tyme mistake the one for the other and in stede of their wheatē God worship a baulde crowne And if it were not a signe of the holy vowe of their chastitée ye maie bee sure that that holy Pope Anicetus .xiij. yea full .xiiij. hundreth yere agoe so nye Christes tyme that he was the tenth as sainct Hierome recordeth or the eleuenth Bushoppe of Rome at the furthest in succession to Peter He I saie would neuer haue ordained that a clarke should in no case suffer his héere to grow contrary to the precept of the Apostle as Platina writeth and so to haue a crowne fashioned like a little circle as Petrus de Natalibus writeth and Cronica Martini aduoucheth the same If there had been no misterie in the matter The priestes of the Catholike Churche would not so ofte in their Masses haue crossed it and blessed it with the self same parte of the paten of the Chalesse where with a little before thei had touched the Masse cake whiche thei call the bodie of Christe If it were not an holier token then master Polidore maketh of it to bee but a signe of the paryng awaie of the affection of worldely possessions and that their affectiōs should be set on high vp to heauenward And thus ye see maie this Catholike Ciuilian saie how craftely the heretikes meant to blotte out suche letters of credence whiche were signes of their vowe of Chaslitée and so remoued the olde markes and dooles whiche the fathers before them did laye whiche full many an holy man hath vsed tyme out of minde in al ages and in all countries euen from Anicetus daies who died a glorious martyre and not like to dye for trifles Good reader if I should make no answere to this weightie conference but stande mute or if I should stily slide and steale awaie with a by matter with a craftie figure called lieger du Mayne this aucthoure beyng so well skilled in this trope and figure I should bee espied For it is hard haltyng before a crepell thei saie for then straight waie should the victorie bee proclaimed againste the cause And therefore I must saie somewhat First I answere that this Ciuilian shamefully slaundereth the maried priestes to resemble them like to the hereticall priestes of Spaine that will weare no crownes nor put on gownes And againe it is as vntrue that the Englishe crowned priestes be like the Catholike priestes that of olde tyme were in Spain For what storie or Chronicle he followeth I call not tell nor it forceth not muche though I neuer knewe But I reade in a Counsaile of Spaine euen at Tolet the fourth Counsaile and fourtie Canon thus Omnes clerici vel lectores sicut Leuitae sacerdotes detonso superius capite toto inferius solam circuli coronam relinquant Catholike priestes in England bee like Heretike priestes in Spaine Non sicut hucusque in Gallitiae partibus facere lectores videntur qui prolixis vt laici comis solo capitis apice modicum circulū tondent Ritus enim iste in Hispanijs hucusque hereticorum fuit Vndè oportet vt pro amputando ab ecclesiis scandalo hoc signum dedecoris auferatur Et sit vna tonsura vel habitus sicut totius Hispaniae est vsus Qui autem hoc non custodierit fidei catholicae reus erit Let all Clarkes or readers aswell the Leuites as Priestes shaue of the vpper parte of their whole heade and leaue but onely a crowne of a little circle beneathe not as the readers bee seen to doe to this daie in the partes of Gallitia whiche doe but shaue a little circle in the onely tippe of their heades and haue beside longe heere as Laye menne haue For this rite and custome in Spaine to this daie is the heretikes guise and token Wherefore it is necessary for the abholishyng of this slaunder from the churche that this signe or shame be taken awaie and that there bee one rasure and apparell as is the guise of all Spaine And whatsoeuer he bée that will not obserue this he shall bee guiltée against the catholike faith Thus farre the Spanishe Counsaile Now reade the woordes of this Ciuilian and compare his truthe and remember againe his owne Lawe Qui semel malus semper praesumitur malus in eodem genere mali He that once is euill is supposed euer to be naught in that kinde of naughtines And then lette hym recken on the winnyng to see what he hath wōne to him self and what the maried priestes haue lost therby Ye maie also spie good catholike shorne priestes in England in the high tippe of your heades what ye haue wonne also how ye be honested by your marke For this Spanishe Counsaile affirmeth by the instincte of the holy Ghost whiche was president in the Counsaile and therfore could not erre that it is the marke of shame and dishonour it is the token of Spanishe heretikes it is a slaunderous signe to bee abolished out of the Churche it is the rite of suche Priestes as bee guiltie of the Catholike faithe Hath not this youre Proctour and prolocutour thincke ye dooen you muche pleasure so sodenly to come out of Fraunce to sette his penne post hast to the booke to make you Spanishe Heretiques Scismatikes and vncatholikes Heere I would wishe the Commenter of the decrées and decretals with al his distinctiōs to take this matter to glose to make it whole and sound But maruell not good reader though if he appere not much to care though he bee taken Taken Nay taken onely will not suffice Or els that he thinketh that he can not bee reproued in that thing whiche to searche for in the triall of it must cost you

by their solempne profession betwixt an inclusiue and an open vowe betwixte Priestes and Monkes Thus farre doctor Martin I report this note good reader but to thyne owne iudgemente whether thou maiest not marke a notable poincte of folie ignoraunce or wilfulnesse in this fonde Ciuilian thus to wrest and drawe the woordes of his aucthoritees ●xtra de voto quod voti re●emptione so farre against the heere as though bothe al mennes reasons were not against his note and as though the Lawe it self saied not ꝙ alia est causa monachi alia clerici ▪ And further there is written ꝙ plura profitendo promittit Monachus quā recipiendo sacrum ordinem clericus And for diffrence it is written in the Extrau of Ihon the .xxij. Chapiter Antiquae Coniugatus ante copulam sacrum ordinē suscipiens cogitur ne ad cōiugem sed habitum monachi suscipiens Ex●t de cōuers comugas Cap. verum ●●vobas qui transgredimi mandatum Dei propter traditione● vestram Math. potest inuita vxore ire ad religionem cogendus ibi manere vinculum coniugii inefficax redditur The maried manne that vndertaketh holy orders before carnal knowledge of his wife is inforced to go to his wife but he that becometh a Monke maie against his wiues wil goe forwarde to his Religious profession and ought to bee compelled therein to remain and so the band of mariage to be without force or strength Cardinall Caietane writeth whiche Thomas also .2.2 affirmeth Quòd votum per se solemne est indespensabile per illud decretale cum ad Monaste Quod est regularium sed votum per accidens quod est annexum ordini sacro quod est secularium est dispensabile .4o. sententiarum Ergo alia est causa Monachi alia Presbyteri That a vowe whiche of it self is solempne is not to bee dispensed with if it bee of Regulers But a vowe of a secular not annexed to his holy order called a vowe per accidens maie bee dispensed with well inough and therefore the condition of the Monke and of the Prieste bee diuerse Whervnto bothe Antonine in Summa part .iii. and Bonau●nture .iiii. sententiarum Distin .xxxvii. doe agrée Whervpō your thrée notable poinctes beyng well waied are not worthe three agglettes It is a true lawe to bee verified of hym self that he reporteth in his fifth Chapiter L●ā G .iiij. Semel malus semper presumitur malus in eodem genere mali If it be true that your self pronounce in your tenth Chapiter that it is the nature of heretikes euer to take a peece of the aucthours woordes and not the whole sentence I would desire the indifferent reader by expendyng your reporting of your Doctors and Counsailes after this maner to iudge of what complexion ye be of Seing therefore to borowe some of his owne woordes this Doctor Martin coyneth suche notes and argumentes whereof some of them be false in forme and some false in matter saiyng in his obiections he depraueth scripture misconstrueth his aucthours misreporteth stories misnameth his doctors seinyng Ambrose to be Augustine and Cirill Origen and yet corrupteth them all all to this ende that he mighte frame a probable argumente in an vnprobable matter I truste good reader thou wilte credite no further his stoute bolde assertions and glorious processes then the truthe of the matter will beare his cause But because I will not be ouer tedious I lette diuerse other suche foule shamelesse lyes and deprauynges vntouched But as for the aucthoritée of sainct Augustine de bono viduitatis where he proueth the mariages good euen of votaries though their promise breaking be condempned he toke the next waie to corrupt the text For he saw plainly it could not be otherwise shifted of with all the gloses he can deuise it is so manifest And though it hath béen wonderfully drawen racked of diuerse suche wittes 17. q. 1. Nuptiarum bonum In glosa as doctor Martin hath yet to the indifferent reader that will expend the very text in S ▪ Augustine and the processe he goeth about it must nedes purge it self of al the drosse thei can cast vpon it though Pighius falsifieth the text and Petrus Lombardus leaueth out the woordes of the moste pithe to blinde the reader And some there be that to plaie it a waie expound all the whole treatise of sainct Augustine in that poynct to be ment of a simple vowe and not of a solempne vowe Some glosers affirme the first part of the processe to be ment of simple vowers and the latter parte sc plane non dubitauerim dicere c. to bee ment of solempne vowers And these two shiftes hath this doctor Martin of those glosers beside his owne peculiar deuise of mangling and manifest corruptyng the texte Some glosers affirme it to bee wholly ment of solempne vowers and some glosers are so bolde to deny sainct Augustine and affirme that here he slept and that he did not well reason in this matter As the common gloser of the decrées Gardine●us contra Bucerū Lib 3. And some shifteth of the matter after a newe sort and saie that sainct Augustine did write this his opinion before the churche had otherwise defined this cause vz. that mariages after the vowe should be no mariages wherby he meaneth that sainct Augustine speaketh of solempne vowes For the church at these daies doeth not yet decree that mariages after simple vowes be no mariages or that thei ought to bee dissolued Whiche saiyng if it bee true then I put it to the indifferent reader to expends whether the mariages of votaries after their vowes beyng thought good and not to be dissolued from the Apostles daies ●●l sainct Augustines age and so in his tyme thought good how nought soeuer thei were to breake their aduised vowes whether we may not better sticke to sainct Augustines aucthoritée and to the common faith that was before his tyme rather then to that definition whiche hath been made since contrarie to the faithe of those writers Specially seyng the Busshops of England many of them yet liuyng at this daie in their booke of institution of a christian man teache plainly that it apperteineth to christen kinges and Princes in the discharge of their duetie to God to reforme and to reduce againe the lawes to their old Limittes and pristine state of their power and iurisdiction whiche was giuen theim by Christe and vsed in the primatiue Churche For it is saie thei out of all doubt that Christes faithe was then moste firme and pure and the scriptures of God were then best vnderstand and vertue did then most abound and excell And therfore the customes and ordinaunces then vsed and made must nedes be more conforme and agreable vnto the true doctrine of Christ and more conducyng to the edifiyng and benefite of the Churche of Christ then any Custome or Lawes vsed or made since that tyme. And so forth in their exposition of

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

of the cleargie in their booke wherein they instructe a christian man to lyue godlye that it was lawfull for hym by gods worde to abrogate canon lawes repugnaunt to the lawes of the Realme and affirmyng further by testimonie of olde wryters that whatsoeuer was so enacted in this Englyshe churche had sufficient strength aucthoritie and power beyng a catholike and an apostolyke churche in it selfe the rather for doing their endeuour to returne all the order of the primatiue church agayne and therfore beyng more agreeable to Christes doctrine makyng more to edifiyng and benefite of Christes church What learned men standyng only to learnyng and reason can iustly eyther impugne the late state and order in this behalfe taken in the raigne of the noble prince king Edwarde the sixt or yet can reasonably suggill the doctrine and assertions published and set out in the dayes of that famous prince kyng Henrie the eyght by al his best learned cleargie as makyng way and preparation by their wrytynges and preachynges to put in execution that which was of late so vsed and practised If the fathers of Rome Churche diuers of the best learned by their prudence thought it meet to release the rigour of canons and rules of the churche whervpon they sometyme did dispence in diuers cases of great importaunce geuyng theyr assent before they were done sometyme bearyng and tolleratyng many thynges passed without auctoritie after they were done If their scribes and registers expositors of their lawe leaned alwayes to the equitie of the lawes fauourablie expoundyng them to the moste benefite and sauegarde of suche as were offenders agaynst Goddes morall lawes If the head fathers and pastors of other churches in their pastorall prudence vsed their tollerations in such cases as Origen doth testifie that the bishoppe in Alexandria permitted without agaynst the scripture a maryage to be made with a certaine woman in respect of her infirmitie as Millane churche and Constantinople churche vsed in the election of their bishoppes Ambrose Nectarius contrarie to the rule of the apostle as not yet christened as is before rehearsed And if that sayde holy bishop Ambrose dyd in his churche permit priestes to be maryed as Barnardinus Corius in his chronicle maketh report saith further that one Henribaldus Cotta a lawyer by profession beyng one of the first that woulde forbyd priestes to marry wyues was slayne of them for his importune extremitie Whiche thyng is reported of Ioannes Neuisanus doctor of lawe in his booke entituled Silua nuptialis where he aleageth howe the canonistes and schole men racke violently the lawes scriptures and gospels in this cause agaynst the true sense of the wordes and aduoucheth further that these canonistes make large thonges of other mens leather euen lyke saith he as the strumpet dyd of an other bodies chylde and that because they haue no wyues them selues Who when they haue any be aboue al other men burnyng in the fire of gelosie as he bryngeth his auctoritie therfore But nowe thus they speake saith he because them selues hauyng not only one paramour but haue many wyues and paramours and otherwhyles concubines also at one tyme together Whervpon he wysheth the lawe of continencie to be remitted and bryngeth in to ioyne with hym in this his iudgement not only the famous lawyer Panormitan but that notable man Felinus also with others And furthermore he affirmeth that the reasons of the canonistes of these dayes do proue that priestes after they be ordered may not marry be to no purpose because saith he they be grounded in couetousnes whiche is not conuenient to the true folowers of Christe And there in that his disputation he citeth diuers doctors who do disclose the corrupte intention of the canonistes in deprauyng and falsyfying the letter textes of Ambrose other doctors in the same cause If the churche of Ptolomais attempted so muche agaynste Christes religion and his apostles consentyng to elect● a platonicall philosopher miscredityng the principall articles of our fayth and that after his open protestation that he woulde not as then either relinquishe his opinion or yet his wyfe and was accepted with them both What wyse man indued with any consideration of christian pollicie can iustly quarrel with the head pastor of our churche of Englande to tollerate thynges standing against no scripture at all so passed as they be Yea though they should vse more mercie and clemencie towarde the miserie of those ministers then some euyll and vncharitable instigatours woulde wishe they dyd If the vniforme assent and consent of wryters haue attributed so large auctoritie to counselles and bishoppes decrees to dispence so vniuersally that they say a bishop a mere diocesan may dispence with heretickes that other may the sooner returne agayne with scismatickes with simoniackes with suspended and excommunicates with adulterers with murtherers in theft in sacrilege in deacons matrimonie for afterwardes to be contracted with their protestation in priestes matrimonies alredy contracted so it be with a virgin and that he may dispence in orders and dignities vnder the state of a bishop If he ought saith the lawe as bounde by necessarie constraint of spiritual gouernaunce to dispence either in such cases where either some greater commoditie to folowe may be hoped or where the peryll of some greater inconuenience may be feared and sometyme in respecte of the multitude and to auoyde sclaunder of offence that els might be taken What may be gathered hereof by the wise reader and what auctoritie is and may be iustly thought to be resiaunt in the whole order and seignorie knit and conioyned al wholly togethers in one yf so muche be graunted to euery one of them seuerally alone If the Canons of one councell be drawen commonly to expounde an other as one lawe to declare an other then where it is decreed in the fourth councell at Tollet Quod Clerici qui sine consultu Episcopi sui vxores duxerint c. seperari eos a proprio Episcopo oportebit That clarkes that without councell or consent of their byshops haue maryed wyues c. must be seperated by their owne byshop agayne Howe reasonably then do these men crie for seperation of such of the Cleargie who dyd not vpon their owne heades attempt the state they be in and diuers of them neyther without the counsell nor yet instigation of their onely proper Diosesant but with the consent and aucthoritie of the whole order of all the Metropolitanes and Diocesantes in Englande in their deliberat consultation first among them selues and after so exhibited to the state of the Parliament afterwarde in their priuate diocesses commendyng the statutes passed and sendyng their Chaplaynes abrode in their diocesses to declare the commendations and necessitie of the same as be yet at this day auncient Bishoppes styll alyue remaynyng that can beare witnesse of this whiche is here affirmed yf they were therto required Last of all where that noble prince of famous memori● kyng Henrie the