Leuit. 18. that nother deceyueth nor yet is deceyued which saith that no man shall take in maryage the wyfe of his brother And secondely I noote that he in the same chapitre commaundeth this nat onely to the Iewes but as well to all maner of people saieng these wordes You shal do none of these abhominations nother you that be here borne dwellers of this countrey nother any straungere what so euer he be that commeth emonge you Euery man that doeth any one of these abhominations shall perysshe fro the myddes of his people Omnis aiÌ„a quae fecerit de abominationibus his quippiaÌ„ peribit de maedio populi sui ibidem By these wordes it may well appere that god dothe nat prohibite these offences only to the Iewes but also to al maner of people For he sayeth euery man who so euer he be that dothe any of these abhominations shall perysshe If god hym selfe had not determyned this lawe to be morall he wolde neuer haue commaunded it to all maner of people For fewe places there be as I thynke in scripture I may well say none whiche be generally prohibite that be nat also moral And it is moreouer to be thought that god wolde nat so generally haue for bydden it so extremely prohibite hit so horribly to haue detested it by his owne wordes callynge it in some place offence of his precept The soore worde that god him self vseth in gyuynge the prohibitions Leuitical in some contamination in some place a greuous faute an vngoodly and vnlauful thyng in some place abhomination in some execration excepte these were morall and excepte hit were also his very wyll that folke shulde generally forbere and detest them These wordes as semeth me be so fereful so terrible and of christen people so to be pondered that the weyght and greuousnes of them can scant without great grace be condignely imprinted or impressed in our hartes wherfore me thinketh we ought all with meke spirites to calle for grace and to endeuour our selfes by all wayes to atteyne the same to thintent it might the more habundantly flowe in vs not obstinately or carnally to withstande it whan many tymes it is offered vs. For it is a great faute and a great lacke of grace whan men hath truthe offered to them and they wyllfully to withstande the same THE LAVYERE In good faythe I neuer marked this nor yet vnderstode so parfitely in my lyfe For surely it is meruaylously to be noted and yet with more reuerence to be obserued in so moche that nowe me thynketh I perceyue a very shamefastnes to entre into any suche acte whiche excepte the acte were vnlauful Verecundia neded nothyng THE DIVINE Nowe ye begynne to fele somewhat and to fynde the truth For scripture in the same chaptre confirmeth your sayenge alleginge these wordes NoÌ„ reuelabis turpitudineÌ„ uxoris fratris tui quia turpitu do fratris tui est Le. 18. There is shame in discouering the vnclennesse of thy brothers wyfe Thou shalt not discouer it For it is the vnclennesse of thy very brother Hereby we may well perceyue that there is a vilenesse a contrarietie to vertue herein For els we neded not to be ashamed of it And I do thynke verely that who so euer wolde maynteyne the other parte can not denye Contrarium honesto Turpitudo ex se. but that it is agaynst honestie whiche is very vertue but that it is of it selfe very vnclennesse It is as I haue rehersed here by goddes owne wordes a sore faute It is contaminacion abhominacion execracion Wherfore I meruaile that christen men do not tremble to here it and moche more feare not wittingly to do it or auisedly to continue in it For surely there can be nothinge of the spirite of god Non ex spiritu that can induce man to it If for carnall affections worldly policies men shulde perswade it howe moche that were to be detested by a man of pure and syncere conscience I reporte me to any man that is indued with a perfight and playne garment of truthe That for any welthe of this worlde wolde breake or seeke colours to breake so hye a precepte of the maker of all worldes Wherfore these whiche we haue afore rehersed beynge so euidently declared by his owne mouthe as the texte hit selfe dothe affirme it whan hit sayeth I am your verye lorde the whiche commandeth you this Ego dominus deê° uester Leui. 18. me thinketh that we christen folke ought to iuge this cause nat disputable but all redye iudged by the Iudge of all iudges Thiscause nat nowe disputable but all redy iudged of god And so manfullye to withstande in goddes quarelle the maynteyners and supporters of the contrary Seynge that oure mayster so extremely prohybyteth and with suche abhomination detesteth hit Other thynges there-be also whiche moueth me meruaylously to thynke that this is nat disputable And those be these Fyrste the auncient authors Auncient authors the whiche wryteth of hit Wherin they in detestynge hit do shewe manifestly theyr opinion and playnely gyue theyr iudgement in it For if it were good or hereafter might be good they beyng so hyghly lerned so hooly wolde neuer so greatly abhorred hit Counsels Secondly the counsels for the most parte whiche speaketh of hit dothe vtterly dampne hit Specially as semeth me nowe Constance counsell ConstaÌ„ce counsell in disapprouyng the opinions of Wycliffe For that couÌ„sell saieth that who so euer be of that opinion that this prohibition leuiticall Let no man mary or otherwise take and vse his brothers wyfe Nullus accipiat uxorem fâ—â—s sui Leuit 18. with other there be only prohibitions made by man and nat by god holdeth the same they incontinently to be estemed and taken as very Paynemes and mere heretikes by the churche Heresy to mainteyne the coÌ„trarye to this came Farthermore that none what so euer he be shall dare other to preche to teche to hold or in any wise alledge any of Wycliffes articles other of the .xlv. fyrste condempned or of the other CC.lx. articles of the whiche this same afore rehersed was one Wherfore it may euidently appere nowe that this matter is nat disputable but all redye iudged and concluded syn hit is determyned that he shall be taken for a very heretyke that holdeth or vpholdyng disputeth the contrary The thirde is that the hoole consent of all the indifferente vniuersities of christendome doth plainly determyne and consent The coÌ„sent of all indifferent vniuersities that this prohibition Leuiticall is nat onely a thynge prohibite by the lawes of god nature but also that it is a square and very rule by the whiche christen men oughte to be ordred lyue by Syn they take it thus that is to say that this is a precepte and a direction by whiche we christen menne ought to lyue by and the lawe Deuteronomyke a thinge ceremoniall whiche
other fro the same nor can gyue lycence to syn or to do amysse THE LAVYER. All this you speke here is very well agreing also with the popes owne lawes For if his commaundement saieth Innocence conteyne heresy Innocentius or bethought lykely to trouble greatly the hole churche or that other yll shulde happen thereby a man ought nat to obey though it be cōmāded vnder the payne of excommunication in the whiche he falleth whan that he obeyeth nat And if a man be excommunicate saieth Abbot bycause he dothe that is good Abbas or wyll nat do that is yll the sentence of excommunication is none where excōmunication is as none And if the sentence of excōmunication be manifestly vniust it is as none THE DIVINE Thus the good archebysshop of Canturbery Laurence successoure of saynt Austen Laurentius Archiepiscopus Cantua wolde for none entretee of the poope nor yet commination of cursinge assoyle hym whom he had ryghtfully accursed for the maryenge of his mother in lawe Sāctus Dunstanus Lykwise saint Dunstane wold in no wise obey the pope though he prayed hym monisshed hym and straitly commaunded hym to assoyle the Erle whom he had afore excōmunicate for the marienge and reteining of his nye kyns woman vntyl he had put her from him For this same was euermore in his mouthe god forbydde that for the cause of any mortall man I shuld contempne the lawe of my lorde god Euen so the good bysshoppe Sampson had rather abyed and suffre al parels of excommunication Sampson episcopus than to do that he sawe he myght nat do by the lawe of god The noble clerke and good bysshoppe of Lyncolne Roberte Grosthede also wroote vnto the pope Robertus Lincoln whiche hadde made as he knewe well an vnlaufull requeste vnto hym that suche enforcementes he muste nedes say naye to and rebell Wherfore nowe if it fortune hereafter that the poope or any other spirytuall persone wolde for sinistre affection or encrease of authoritie interdicte excommunicate or sende any inhibition to interrupte the iustenes of this cause other elles the dewe procedynge in the same accordynge to the diffinitions afore in that case as me thynketh bothe the kynge his spirituall and laye subiectes also shulde manfully in god withstande them and stycke in theyr myndes and dedes to the manfull vertuous and hooly sayenge of all the blessed apostles whiche is that we oughte rather to obeye god thanne men And no doubte but that in our so doynge we shall haue lyke rewarde of the same our maker as these holy men and blessed Bysshoppes hadde with moo the whiche dydde folowe the same steppes THE LAVYER. By my faythe you speake to verye good reason but I can not say that our lawe agreeth to this reason THE DIVIN No I thynke that well But the foundation and very stone which you shulde groūde your lawe vpon doth establisshe vs to condescende to the sayde reason For the Churche of god hath his foundation sette vppon a firme and stedfaste stone of truth and faythe and not vpon the mutable and wylfull pleasure of Peters successours But your lawe doth so moche attribute to man as moderne glosers dothe expoune that it wolde make man whiche is but frayle and caduke directour gouernour and as superiour to the very worde of god whiche is as the prophete sayeth alway permanent what simple witte or slendre fayth wolde thinke or beleue that god in setting forth his lawes and preceptes had as a man wolde say so vnauisebly considered and commaunded them that any wyse they shuld nede of mans reformacion or that he dyd create man to be superiour to his worde and wyl Me thinketh verily that it is to great an arrogancy for man so to vsurpe apon his maker Wherfore nowe let this passe and answere me I praye you to an other question in lawe THE LAVYER. What is that nowe THE DIVINE This same If a man shuld cōmune with you of the lawe and aske you whether the decrees and decretalles whiche you emonge you do call lawes with the opinions of doctours whyche wryteth of them be directed in their iust execution merely and in all cases by truth or no what wolde ye answere THE LAVYERE What wolde I answere Mary this do I answere that the lawe in his due course exercised ought to be directed by truthe onely THE DIVI And what call ye truth That whiche appereth in dede only or that by report And if by reporte whether that whiche some men say depose is true or onely that all men say and holy agree vnto is true THE LAVYER. If the dede do appere euidently what is to be tane for truthe than it is greatly to be consydered weyed and if nat than it is to be referred to that whiche the ancient fathers approued in law or the assent of counsels generall do saye and affirme to be true and lawe And if as in a rare case it fortune some tyme that the truthe can nat be fully gathered or made plainly to appere than iudgementes and opinions of doctours soundyng to reson so farre as mans witte can comprehende and nat discrepant from goddes lawe be to be ensued folowed THE DIVI Herein may somtyme fortune an errour THE LAVYER. That is truth For in the iustice of this worlde that is truth which the lawes receyueth for truth and whan the lawes receyueth it than it is as truth in the syght and iugement of men though in the syght of god it be nat so God seeth al with his owne eies therfore his iustice is most perfit is directed alwayes occordynge to a moste perfitte truthe Man trusteth other mens eies and tounges and sometyme his owne sensis whiche maye erre and therfore foloweth and admitteth in stede of truth the lykelyhode of truthe and the lykelyhode approued by the lawe Whervpon it foloweth that what the lawe callethe truthe is to be taken for a truthe vntylle the contrary may euidently appere For if manne shulde neuer take for the truthe but onely that the dedes shewed of truthe there 〈◊〉 seldome appere truthe to men 〈…〉 matters The dede vanyssheth 〈◊〉 passeth ouer ne can be permanente 〈◊〉 testimonie of the truthe is preserued by the lawe whiche wylleth faythe to be gyuen to sufficient wrytinges and sayenges in that behalfe And if you require farther declaration hereof me thynketh that it apperethe welle in this example Who can shewe the truthe of his owne lynadge or parentage but by auctoritie of the lawe by whiche lawe wytnesse proueth the mariage of the personages and byrthe of the chylde vpon the woman maried Whervpon the lawe concludeth the generation of the husbande as father whether it be so in dede or no. The laufull profe of boly knowlege And so it is in profe of the truthe of carnall copulation and bodily knowledge Wherin there is no wytnesse communely that depose of the very acte but onely of the nere circumstaunces
A glasse of the truthe TO THE REDERS ⧠To the gentill reders and syncere louers of truthe YOu shall haue here gentill reders a small dialoge betwene the Lawyere Diuine wherin if there lacke suche eloquence suche dryfte of argumentes and conueyance of reasons as parauenture ware requisite and as ye shall desyre yet we shall moste entierly pray you that where we be nat sufficient to supplye the same to content your selfe with this our rudenesse declarynge the pure truthe alone whiche you shall be right sure to fynde in this poore treatyse For here haue you no newe allegatyon of mans inuention or imaginatioÌ„ but onely taken of the scripture of god of the counsels and ordinances of the churche vniuersall of mooste auncient popes and other holy doctours wryttinges with the factes and authoryties of blessed men besyde withoute wrythinge or wrestynge of any of them beyng taken of whome and of none other I am sure you will say it is to be estemed for a most assured truthe Prayenge you most benigne reders that tho some wolde saye that they be nat truely alleged rather to gyue credence to so many approued vniuersities whiche affirme our allegations to be true than to the asseueration of any other specially of some fewe affectionate persones whiche do or may endeuour to denye the same And nowe therfore to tell you the very truthe this same is the grounded cause why this lytell worke beareth his name whiche is the Glasse of truthe For it is plainly the same clere glasse within the whiche ye shall see and beholde if ye loke well and leysurely in it the playne truthe of our mooste noble and louinge princis cause whiche by vnmete and vnkynde handelinge hathe hytherto had so ouerlonge a staye The whiche doutlesse if we well considre is moche more our hynderance than his For his lacke of heyres male is a displeasure to him but for his life tyme as lackinge that whiche naturally is desyred of all men to haue childerne But our lacke shall be permanent so longe as the worlde lasteth excepte that god prouide For tho we haue a female heyre whiche is bothe indued with moche vertue grace in many dootes and gyftes yet if a male might be atteyned it ware moch more sure if we well perpende and pondre many vrgent wayghtie causes Amongest whiche this one is depely to be forsene that if the female heyre shall chaunce to rule she can nat coÌ„tinue longe without an husbande whiche by goddes lawe muste than be her gouernour and heed and so finally shall directe this realme But who that shulde be with the contentement of the subiectes me thinketh it were harde to excogitate For proximitie of blode is to great a lette to some otherwise mete for that purpose except we wolde be so beestly to put our necke eftsones in the snare of this erronious prohibited errour whiche is and hathe ben alwayes detested by the moste parte of all the famous clerkes of christendome The punisshement whereof were to terrible to be suffered and also to abhominable to be harde of emonges christen folke On thother side to other some it were daungerous leste we shulde make theÌ„ superiours to vs ouer whome we clayme superioritie seynge the manne must rule the woman Others outwarde mete personages our sklender wittes can nat comprehende And as touchinge any mariage within this realme we thinke it were harde to deuise any condigne and able person for so highe an enterprise moche harder to finde one with whome the holle realme wolde coulde be contented to haue him ruler and gouernour Wherfore we thinke the establysshement of titles is nat so surely rooted nor yet so entierlye mainteyned by the female as by male Whiche well consydered syns the vnion of all titles do remayne and be collocate in him onely we oughte of duetie if oure wittes may thereto extende to excogitate all wayes to vs possible howe we might atteyne the succession of heyres male And that way ones founde erenestly with celerite to putte in vre in no wise sufferinge this wayghtie vrgent cause to be lenger differred or delayed by those whiche do but vsurpe to them selfes an honoure and vayne glory contrary to many generall counsels and their owne lawes also as more playnly shall appere in this litell treatise of truth For els accordynge to an auncyent prouerbe Mora trahit periculum To longe abode is causer of moch daungere we might be moche indemnyfyed and hyndered Farthermore you shall in this Glasse see howe that nowe it ought to be ordred after our simple iugementes so to haue a good and perfitte ende moste for his honour and quietyng of conscience for oure great welthe for the prosperite of this his noble realme And nowe this same is the truth of whiche scripture saieth Magna ueritas et fortior prae oiÌ„bê° non est cum en quicque iniquum 3. Esdrae 4. That great is the truth of strength and power of boue all with it there is none iniquite none ylle dealynge none obstinate and frowarde bablynge no malicious backebytynge no sclaunderous and factious enforsinge This is the sole truth lefte vntill her selfe Without all vayne ostentation without inuentinge or borowynge of ydell titles and inscriptions withoute colourynge dissemblynge pretense and all outwarde paintynge Ye shall fynde here the mere truthe as we truste withoute all malignyng rayling gestyng and detractynge of them that of truthe no suche haue deserued the whiche it may be your lotte to see and here some where els Moche more we might induce to sette forthe and adourne this Glasse of truth before you saue that the processe folowyng shall sufficiently and moche better perfourme the same to the which I hooly remitte you euermore mooste hartely prayenge you godly myldly without all yll affection to emprynte well in youre hartes this mere and syncere truthe and so to folowe it that you may do a thinge acceptable to the pleasure of almyghtie god and contentation of our souerayne and prince And thus fare ye well in god louing brotherne A DIALOGE THE LAVYER. We semeth it is wisely and truely saide that the right way is euer the nerest waye likewyse the playne way moste sure to trye all maner of truth by THE DIVINE I thinke that it be true whiche you speke but you speke so obscurely that I wotte nere what you meane therby If you meane it by the ymitation of Christ That our sauiour Christ is the ryght and playne waye whiche beareth wytnesse of him selfe sayeng I am the ryght way I am the true way and I am the perfyt lyfe thanne are you in the right And if you meane the playne waye to be moste sure bycause that Christe saieth he is the dore by whiche we muste entre in this youre sayenge canne nat be amended whervnto god him selfe exhorteth vs also by his prophete sayeng ye christen meÌ„ loke ye iudge a right THE LAVYER. The better for my purpose
For the cause why I speke it is for the great weightye cause of christendome concernynge the kynges seperation fro the quene It is tossed and tourned ouer the hye mountaynes laboured and vexed at Rome from iudge to iudge The dangerous and vnmete handelynge of our soueraygnie rightful cause without certayne ende or effecte beinge very perillous for his hyghnesse and moche more daungerous if god helpe not for vs his poore and louinge subiectes Whiche if it had ben ordeined in the right and due cours that is to saye within the realme and so by the metropolitane examined and discussed That the cause ought to be ordred within this realme as lawe reason wolde it shulde haue ben there had ensued in this ryght way or this tyme an honorable ende and purpose to the great welthe of this realme and quietnes of christendome The lettars wherof what so euer they be me thinketh ought to be detested of al good englysshe people and subiectes THE DIVINE One of the chiefe lettars is and hathe be the lawyers opinion whiche wolde attribute to the pope the heed of theyr lawe al maner of power Howe some lawyers to moche attrybute vnto the pope wherby beinge well descante as they can well ynoughe at lengthe shall be no lawe but onely his wyll For and if he myght dispence with goddes lawe and all other and ordren them as he wyll as lawyers say that he may than what foly were it to obserue goddis lawe or any other but only inuestigate and serche to knowe the popes wyll in euery thynge and that to folowe accordyngly whiche ones atteyned were the lawyers hoole glory For who shulde be sette by thanne but onely lawyers bycause they extolle his authorytie so hye THE LAVYERE you enserch and folowe the frenche prouerbe to moche THE DIVINE Whiche is that THE LAVYER. Who sercheth fyndeth Qui serche troue For surely if without affection we shulde speke we lawyeres attribute to moche authoritie both to our maister to our selfes also THE DIVINE I haue harde verely fewe of your secte so plainely confesse the truthe Neuerthelesse it is to my great comforte to remēbre that it is my fortune to mete with so syncere a man beinge as I trust so entierly my frende whiche is dedicate to truthe and not to professyon THE LAVYER. I wotte what I shulde do but I wotte nere what frailtie wyll lette me do THE DIVINE If wyll be purely good the olde prouerbe shall folowe Nihil difficile uolenti God wyll ayde the wel willer alway THE LAVYER. That beinge true and bycause you haue some thynge touched vs lawyers you gyue me boldnesse farthermore to commune with you and aske of you if dyuines be nat partly to blame as well as we that this great cause goeth no better forwarde THE DIVINE All I can nat excuse For some of vs be as heedy as you The truthe of god with out worldly respectes to be regarded and yet our lernynge leadeth vs nat to it as youres dothe you For we shulde onely regarde the maker of all lawes and the mere truthe and nat vanities of this worlde nor eke affections THE LAVYER. Ye saye wel frende That wolde to our lorde the lerned men of the worlde moste specially of this realme wolde folowe this lesson and vse it in dede For as I perceyue here some of them folowe more affections and respectes than goddes worde onely and truthe THE DIVINE Who taught you I praye you to hytte so truely the nayle on the heed I thynke in dede that if worldlynesse were nat loked for there wolde mo agree to the truthe than hytherto hath though there be a meruaylous great nombre that hath agreed ther to al redy in dede THE LAVYERE That worldly respectes maye happe to fayle them that trusteth therto where be they than Me thinketh farthermore a great foly in them to auenture vpon so sklendre a groūde both soule and body THE DIVINE Truthe ye say wher of is great pitie that lerned men specially regarde not more the worlde to come than the worlde present and that they vnite not them selfe in opinion Great pitie that all lerned men be nat of one opiniō in this one truthe Whiche thing sheweth a great lacke of grace and an ouermoche addiction to pryuate appetites mixed with to moche heedynesse and obstinacy And yet there is but one truth in this matter THE LAVYER. I meruayle than why many thus call this matter disputable seinge that there is but one truthe therein and why that truthe is not imbraced and opēly shewed by all lerned men THE DIVINE As to the fyrst though some call it so I se no reason why they shulde saye so That this cause is nat disputable as a thing of doubte excepte they wolde say that nothing is taken for truthe in this worlde For I do esteme that there be fewe articles of our faythe the whiche be approued by mo autenticke authorities mo prouable ye inuincible reasons by moo laudable customes and vsages than this cause is on the kinges syde And syns it is so me thynketh hit is nat disputable as a doubte in lawe As to the seconde I feare me that lacke of executynge in dede of that whiche we professe by mouthe is a great lacke there vnto For our lyues and religyon be many tymes farre a sondre I praye our lorde amende hit whanne hit shall be his pleasure But as to the fyrste bycause I thynke hit nat disputable I shall declare you somme reasons whiche do perswade me to thynke so THE LAVYER. Mary I pray you lette vs here mo For one I haue herde al redy whiche me thynketh very vehement If the remenant folowe I shall for my parte be meruailously satisfyed THE DIVINE Fyrste it is to vnderstande that accordynge to the sayenge of the prophet Dauyd Verbum dn̄i manet in aeternū Spal The worde of our lorde god is mooste sure and euer abydeth Syns that so is infallible it must nedes folowe that it whiche he vtterly forbyddeth in the negatiue may no wyse be attempted Nullus acci piat uxorem fratris sui et nō licet tibi habere uxo rem fratris Thanne in this case that is to saye A man ought nat to mary his brothers wyfe It is in the Negatyue forbodden in the Leuityke bothe .xviij. and .xx. chapitres And therfore in no wyse hit is to be attempted specially with vs that be chrysten people A mā to mary his brothers wyfe is forbidden bi the lawes of god THE LAVYERE I thynke this hardde to be assoyled neuerthe lesse the lawe Deuteronomyke semeth to assoyle the same THE DIVINE Nay surely if hit be well vnderstande For in the begynnynge that lawe semeth to propoune and lymytte certayne poyntes and circumstaunces without the whiche that lawe ware no lawe as playnely by the texte hit selfe it dothe manifestly appere Playne circumstāces profes that the litteral sence
is abolytte I meruaile that folke be nat a shamed to calle this matter disputable or to holde agaynst hit Moche more I wondre what grouÌ„de they haue or wold fordge the contrary of this matter vpon seing that first it is as me thinketh all redy iudged by goddes owne wordê by generall counsels by the hole consente of al indifferent vniuersities of christendome ye and by a great noumbre of other lerned men whose scales and handes be redy to be shewed It is also emonge vs christen men imprinted in our hartes in maner as who wolde say from one to another fro the father to sonne Per manus traditionem to deteste hit And doutlesse emonge good folke it hath bene and is in manere so abhorred that scarsely they can finde in theyr hartes to here speake of hit So than that I take it an hoole acceptation of the churche of christendome syn the beginning of the fayth This truth accepted fro the beginninge of the church hytherto Wherfore any more to doubte of hit or to calle hit disputable and nat to repute hit as alredy iudged I see no grounde why and thinke it dampnable Alas me thynketh that lerned men holdinge agaynste this opinion tho they seme to be of the churche they be not in dede For they holde an opinion contrarye to the opinion accepted by the hole churche Wherfore these wordê of scripture maye well be layed ageynste them where Christe sayeth Who so that is nat on my syde Qui non est 〈…〉 me est Math. 12. is on the syde agaynste me So that by these wordes verifyed in them hit well appereth that they be nat of Christes churche Farthermore I am sure that some of them wyll saye there be dyuers cases heresies whiche I dare boldly say haue nat suche grounde and fundation in truthe nother of scripture nor of good authours ne yet of generall counsels nother haue benne accepted by the due ordre whiche commeth frome one to an other as this hathe wyllynge the lay fee to beleue them in these matters and yet wyll nat they gyue place them selfe to this matter so hyghlye proued and by so many wayes determyned Who can beleue them in theyr perswasions whanne they beleue nat nor gyue place to the truthe Nat callynge truthe that whiche fantasye iudgeth truthe but that whyche is approued truthe Therfore me thynketh they sclaundre sore the churche or els moche them selfes As who wolde saye there were no truthe therein whanne they so sheweth them selfe of contrarye opinions For if there be a truthe as good men thynke that there is it oughte vniuersally to be taken to be preched and taught for a truthe Omnis doctrina diuinitus inspirara utilis est ad docendum 2. ad Tim 3. For all doctrine inspired by god is good and holsome to be taughte as sayeth saynt Poule and nat by sinistre affectyons to be hydde hyndred and detracted lyke as therein some do Wherfore to the entent to reduce them to one flocke to a concorde and to one assent Vt fiat unum ouile Io. 10. I thinke it were necessarye that the prince and his people shulde nat gyue credence to them in those thynges whiche they on so moche lesse grounde so desire and require to haue kepte and obserued vntylle they gyue place to this and suche other as scripture dothe plainly declare and determyne with lyke assent of generall councels and of auncient sayntes and doctours And I thynke so that if they myght haue the one which they be affectionate to VnuÌ„ ouile et â—â—us pasâ—â—r graunted them they wolde soone gyue place to the other And so myght there be made one flocke and one sheparde of hit one heed and gyde and a sorte vnder him of one mynde and concorde The whiche as for my parte I praye god sende vs shortely THE LAVYERE These be wonderfulle thynges to here and oughte moche to moue the hartes of all trewe subiectes and that specially sin they concerne theyr kynges soule helth his welthe and there realme also Our bounden duetie to oure prince Alas is hit nat great pitie the prince hauing so manifest and playne groundes for hym he beynge also so louing to vs as he is so glad so harty to take paynes for this his coÌ„mune welthe that we whiche that be his subiectes shuld be to him so vnnaturall that other for other considerations worldly or for reportes of sinistre persons shulde lette to do our very duetie to him ye and leauynge the playne truthe rather to beleue maligners agaynst his cause whiche soweth more diuision than obedience nat accordinge to our very dueties to stycke fastly and surely vnto hym whiche is in the very ryght Tho parauenture he say lytell yet may hit fortune that he marketh all Wherfore bothe duetie and reuerence with feare is to be had to hym whiche is so louynge and harty to vs to the intent that these beyng ioyned bothe on his parte and oures Malignitye yll report to be withstande we may withstande the malignitie of all backebyters and sclanderers and vtterly in our hartes conceyue that it is farre from our duetie of allegiaunce to beleue vntrue reportes and false malignations agaynste our souerayne And herein we ought to emende our fautes and from hensforthe nat to suffre any suche reportes but man fully to withstaÌ„de who so euer wolde vse them selfe to the coÌ„trary other in worde or dede And in this doynge I thynke there shulde be roted the greattest vnion betwene the heed and bodye that euer was sene or harde of Which shulde fulfyll and perfyght that wyse sayenge of Salust Concordia pnaeres crescunt discordia maximae dilabuntur De bello Iu guithi Where is peace and concorde smalle thynges encreasyth and commeth to moche by debate and discorde where is moste hit soone fayleth and slydeth awaye Wherfore I praye god sende vs his lyght of grace specially to kepe this betwene our heed and vs. THE DIVINE By my truthe I thinke there can nat be a better exhortation thanne you haue here giuen vs all For so longe as no membre halteth or is in payne â–ª the hole body must nedes be the healer But nowe that hytherto we agree so well I muste be as homely with you as you haue bene with me prayenge you to assoyle me certeyne questions of lawe lyke as I haue assoyled you in diuinitie THE LAVYERE I ware to blame els But I muste praye you fyrste to assoyle me one question more whiche I wolde fayne knowe THE DIVINE What is that I praye you THE LAVYER. Of the power of the pope in dispensation with the lawe diuine THE DIVINE Of that to entrete at length were nowe to shorte a tyme. And hit hath also bene wrytten of by so many authors that hit ware harde for me to say any thynge therin the whiche hathe nat ben sayd But yet for your pleasure I wyll assaye somme thynge as hit
shall occurre to my mynde Yet one thinge I muste knowe youre wyll in ere that I procede any farther THE LAVYERE What is that I beseche you THE DIVINE Mary syre this is hit whether you wyll that I shulde shewe you whatte the olde auncient doctours do saye or what the modernes whiche somewhat flattereth the popes authoritie sayeth other elles declare you myne opinion taken out of bothe whiche I truste shall nat be farre frome truthe THE LAVYERE The auncient doctours and many also of the modernes opinion hathe benne declared herin in many other bokes and warkes of whiche I haue sene some bothe of laten and englysshe But is there say you difference emongest other of their opinions THE DIVINE Ye forsothe for some of the modernes smake to moche of your lawe in wrestyng of scripture for auauncement of dignite whiche the olde fathers do clene forbydde and contempne and lykewise also dyuers other modernes Wherby you may well perceiue that there is some alteration emoÌ„ge them THE LAVYERE That is true But whiche thynke you do beste THE DIVINE They that do leste attribute arrogancy rule and dominion to the spiritualtie The pope can nat dispence with the lawe of god nature Quare nos traÌ„sgredimi ni praeceptuÌ„ dei propter traditiones uiÌ„as Ma. 15. Scriptura ê“phetica non est humanae intpretationis 2. Petri. 1. For sure hit wyll be at length els their vtter confusion hit is so abhominably at this day abused and presumed on But nowe to my matter The scripture sayeth these wordes why do you breke or transgresse the commandement of god for your owne traditions And also these wordes The prophetical and holy Scripture is not of mans interpretacion With this moreouer scripture must nedes stande vnlosed All these auncient authors also whiche here foloweth do say Non potest solui scriptura Ioan. 10. Augusti accordingly to holy scripture that the pope can nat dispence with other the lawe of god or nature Saynt Augusten besydes other places in the epistole whiche he wryteth Ad Glorium Eleusinum sheweth that he is vnder the general counsell Wherfore moch the more he must nedes be vnder the lawe of god Saynt Ambrose in his boke de Paradiso affirmeth the same Ambro. Bernardus Lykewise saint Bernarde bothe in his epistle Ad Adam mona chum and in his boke de dispensatione et prae ceptis Holy popes also that were in the olde tyme do confesse the same Fabianus papa Marcellinus papa Vrbanus papa Zozimus As Fabianus papa in his epistle Ad orientales Mercellinus papa in his epistole Ad orientales Also Vrbanus papa in 25. q. 1. Sunt quidam Zozimus papa in de statutis gentiuÌ„ Where he sayth that agaynst the statutes and decrees of fathers the see of Rome can nother make ne chaunge nothyng Moche lesse ayenst the scriptures and statutes of god Damasus Innocentius Damasus papa ad Aurelium ArchiepiscopuÌ„ â–ª Innocentius papa in ca. litteras Besyde these other auncient authors confirme the same as Basilius magnus in regula monachorum Basilius Beda Isidorus Beda in expositione epistolae Petri. Isidorus ca. Si is qui preest With these agreeth as in one also these lattre diuines Posteriores Theologi Alexandre de Halys Scotus Occham Richardus de media Villa Albertus Iacobus de Lauzanna Altissiodorensis Franciscus de Maronis Gerson Durandus Gabriel Biel Herueus Bernardus de Trilla Antoninus Florentinus Ioan. Lupus and many mo whiche do playnely affirme that no man canne proue that the poope maye dispense with other the lawe of nature or the lawe of god Wherfore hit foloweth well that this beynge the lawe of god as hit hath bene bothe well and playnely afore declared and proued as me thynketh hit is euidente hit is easye bothe to perceyue and beleue that syn it is thus grounded on the very lawe of god hit is also indispensable Nowe than more ouer seynge that this case is also determyned as well by auncient authours as by generall counsels ye and holy popes owne confessions and seyng also that all these doth agre both modernes and other with the full consent of the moste parte of all the Vniuersities lerned men at this houre within christendome that this case is indispensable me thinketh gretly that we ought this matter being so euidently opened declared clerely holy to beleue this and as true subiectes to stycke with our souerayne prince in this his iust doynge laudable act For as me semeth it is a sinful an vnnatural al demeinour of subiectes what synistre laboure so euer be made to the coÌ„trary to mysdeme their prince that in so waightie a cause he wolde be seducid and vse affections Whiche hytherto rayning the .xxiij. yere ouer vs and more hath shewed hym selfe in all his doinges but iust indifferent most vpryght And I for my parte The cause of the peoples blyndenesse do rather arrecte this blindnes of the people more to ignoranci with a litle to moche lightnes in credence to light folke the whiche goeth about to seduce them than to any other acte of vnnaturall duetie For I thynke verely that there was neuer prince amonge vs that euer was better beloued nor that hathe deserued more to be Wherfore nowe vsynge the sayinge of seynt Poule Hortamuruos 2. Corynth 6. I do exhort you in our lord god that you his subiectis do exonerat your selfes of al maner of grouÌ„des or occasioÌ„s that might brede any vnkyndnes in his hart toward you And also his maiestie you with al due reuerence so doynge to continue his well approued zeale and feruent loue alwayes hytherto shewed emonge you to the intent aforesayd whiche is that we may haue accordinge to Christes owne wordes one flocke and one heed THE LAVYERE On my faythe you haue satisfyed me both with great and many authorities and as me thinketh also with inuincible reasons I pray god myn answeres to your questions may satisfie you as well and with as moche truthe as youres hathe done me THE DIVINE I doubte nat but they shall For your intente as a man maye iudge and your lernyng also is of that integrite that otherwise than truth can nat succede so farre as the lawe can say Wherfore I pray you answere me firste to this question Might this cause be harde and ware hit a due course that hit shulde be harde within this realme as in the beginninge of this mattere me thoughte you sayde THE LAVYERE Syre I nat onely affirme that hit myghte be but also I vtterly protest That this cause oughte to be herd herewith in the realme determined that hit ought to be so For as it was ordeyned in the counsell of Nyce and lykewyse in other generall counsels of the world that euery cause shulde be decyded where it first beganne euen so this cause beinge fyrst begonne here in Englande shulde likewyse haue ben here in Englande determyned THE DIVINE In
prerogatiue or preeminence Howe the quenes sayeng can not proue by the law shal nat make faith in an other mans cause whiche nothynge apperteyneth to him Wherfore there can be no reason ne lawe to maynteyne that the quene in her owne cause shuld haue credite and be beleued or yet her sayeng regarded in that behalfe And assuredly to speke it is impossible by due and laufull profe to proue true this her sayenge by her selfe in dede at this houre seynge that she hath bene knowen syns And as for wordes it is to open in lawe that the husbandes attestatyon makynge for the mariage is to be preferred to the womans deniall in that case So that if there were no more but prince Arthurs owne sayenge the lawe willeth that credytte shulde be gyuen to him nat to her And if she wold go about to proue it by recordes it is to be cōsidered How vnlikely shulde be her recordis testimonye that they which she wolde nowe bring to testifi this her nat to be knowen must be of those which were here present with her Which were sent than purposely rather to testifi the cōtrary For it was at that tyme the thinge which her father mother bothe moost desired to here of succession of theyr two bodyes and to vnderstande that bitwene them was carnall copulatyon Whereby it may euidently appere what so euer they nowe saye that they came than rather to approue the contrary than that which she wolde bringe them to testifie nowe For who can thinke that they which brought the doughter of their kinge to be maried vnto the sonne and heyre of a king wolde than seke for wayes wherby they might after proue that she ware nat carnally knowen by him that they brought her for And I reken that nother she nor eke her witnesse can make in this matter any due proue admithable in lawe seyng also that one of the parties is deed who to make answere had as moche interest as she to denye it THE DIVI I knowe nat your lawe but me thinketh you speke reason that we shulde take for the truthe whiche is laufully approued for truethe what so euer the partie say to the contrary Consideryng that truthe as ye haue declared dependeth vpon the trewe approbacyon in the lawe and nat vpon the bare demonstration of the acte THE LAVIER You take it right And therfore if my father mother bothe wolde denye me to be their sonne I shall if I haue laudable testimonye proue the contrary al though they wil neuer so ernestly both defend mainteyne their denial alleagynge that they knowe the truthe better than all the worlde after as they do in dede But their knowlege helpeth nat where no fayth is to be gyuen to thē And the question is nat what they know but what is to be bileued None to be beleued in his owne cause A iuuene cupido credatur reddita uirgo And truly no man is to be beleuid in his owne matter And as one sayd may a man bileue that a mayden accōpanieng with a yonge mā of lust being no let thervnto shal returne as she was a mayden Meanyng beleue it who that wolde for he wolde nat Prince Arthurs and the quenes conuersation togyther in bed and house beinge both of lauful age with these other probations tofore rehersed so clerely setteth forthe the truthe of carnall knowledge that the quenes asseueration to the contrary nor yet her dissemblynge profes if she haue any can blemysshe the same in any vpright true or indifferent mans opinion Wherfore I meruel that other she or any that maketh pretense of loue towarde her wyll allege or cause to be alleged so mere an vnprouable excuse in so hie a cause The doinge wherof to my iugement hath greatly derogate bothe her their credite not onely in this case but in all other also THE DIVIN These thinges be so pythily spoken set forthe that they can not be auoyded Wherfore sins the truthe fauoreth our princis cause so moche lette vs his subiectes than not omyt nother our zele ne yet our obediēce to hym accordinge to our allegiance nor our duetie to god in assistinge the truthe Our office and duetie to god and our kynge as is the part and office of a true christen man For surely we oughte by our alleagiance to defende him and his doinges agaynste all maligners bothe in wordes dedes For againste maligners god hym selfe exhorteth vs by his prophete whan he sayeth Be not desirous to folowe the malignere Beware maligners Than syn we be forbydden to folowe them in general termes and generally cōmanded to auoyde them moche more he forbyddeth vs in that is agaynst our prince and soueraine Principi populi tui non maledices exo 22. \ In cogitatione tua regi ne detrahas Ec. 10. Alas what ingratitude ye and that vnnatural were in vs if we shulde other wise do Or howe coulde we wyl or desire of our prince that poynte of kyndnes as towarde vs our causes which we refuse vnto him warde Howe myght we desire of hym not to be lyght in creditte whan he hereth complaynte of vs whan we be so light to beleue all tales inuented ageynst hym his most rightuous intent Or howe can we be so bolde to desire his grace of his most hye goodnes fauour and to assist vs in our ryghtuous causes whan we do not frankely assiste hym ye offre vs to lyue and dye in this his iuste cause matter THE LAVYER. Me thynketh this matter toucheth vs as moche almoste as him Sauynge onely his conscience But as for the worlde moch more For in his time no man can interrupt him Our moste louing princis true endeuoure is moche more for vs than hym nor there is no besines in title But afterwarde if the ordre be not set bi him or that he dye it is harde to say howe many shal repent it Wherfore I thinke of both it is more requisite for vs than for him to haue this mattre at an honorable ende THE DIVINE But howe might that be THE LAVYER. Mary I thynke that the way might be founde well ynough if the hole heed body of the parliament wold set their wyttes and good wylles vnto it For no doubt but that it ought to be determyned within this realme as plainly ynough it appereth bifore THE DIVINE Surely you say well For me thynketh the succession of this realme ought nat to be ordered by forreins For if it shulde and we to accepte the same they were rulers and orderers of this realme An abusion intollerable and nat the king his parliament And than doutlesse this realme were as euyll in condition as sclaues of Turkes whiche I pray god defende it fro For seynge that there is nothyng to be determined but the faute of beynge knowen or nat knowen which I thynke is euidently ynough proued alredy there is no place so