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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

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inconuenience And let not the scrupulous consciences of men be blynded in them selues as to iudge any impuritie in the bodyes of them which honestly vse gods institution of matrimonie De virg cap. 33. No Saint Austen doubteth not to say Quia fancta sunt etiam corpora coniugatorū fidem sibi domino seruientium that the bodyes euen of the maried folke be holye of such as preserue their fayth to them selues one to the other and their fayth to god And there in that discourse saint Austen proueth that the graces of continencie was not vnlyke in Iohn Cap. 21. who neuer had a do with maryage and in Abraham who had chyldren so that the chastitie of the one the matrimonie of the other came to one ende to serue the Lorde Agayne it may not be thought that for the worldly cares which may be in matrimonie priestes be more charged than for other cares and turmoyle of the worlde For suche carefulnes may assone defyle the puritie of the mynde as the cares which be in matrimonie Aswell be these carefull trauayles of the worlde forbydden to the priestes as cares which be in wedlocke De bono viduitatis cap. 23. God forbyd saith S. Austen to the wydows that ye shoulde be entangled with the desire of riches in steede of the cares of matrimonie that in your heartes money should beare the chiefe rule and so loue of money should be your husbandes Wherevppon Chrisostome wryteth Audiant hoc virgines Hom 19. 1. Cor 7. quòd non in hoc definita est virginitas corpore solum virgines esse c. Let virgins heare that virginitie is not in this poynt so concluded for the bodyes only to be in virginitie For she which hath the cares of seculer matters she is neither virgin nor honest And Theophilact saith 1. Cor. 7. When thou shalt beholde any virgin which hath vowed carefully inclined to worldly matters knowe thou certainly that she differs nothyng from a maryed woman And saint Hierome saith It wyll profite nothyng to haue the body of a virgin yf the mynde haue inwardlye maryed This affirme I saith Athanasius that euery virgin wydowe or woman continent yf she haue the cares of this worlde De virg those very cares be her husbande Whervppon I must conclude with saint Austen to these Desinant isti contra scripturas loqui Epist. 89. quest 4. Let these ceasse to speake against the scriptures And let them in their exhortations excite mens myndes to the more perfect state that yet they do not condempne the inferiour gyftes For some saith he in their exhortations can not otherwyse perswade virginitie but that therwith they condempne the matrimonial estate forasmuch as S. Paule saith plainely euery man hath his gyft of God one after this maner and another after that Thus farre S. Austen Better saith he is meke matrimonie then vauntyng virginitie In Psal. 99. And therfore the sayde saint Austen exhorteth virgins that they conioyne other agreable vertues as handmaydes which in deede do moste beautifie the true virginitie In Psal. 75. without which saith he the virginall lyfe either is dead in it selfe or els defourmed in it selfe and let the state be holy both in body and spirite seruyng God without seperation at all Of such myndes were the fathers in olde tyme so exhortyng to the single state of lyfe as mens frayleties myght beare the perfection and vsed no condempnation or compulsion but left it indifferent to the conscience of euery man So dyd that learned abbot Aelfricus afterwarde as some affirme archbishop of Canterburie prescrybyng a synodal sermon to be spoken by the bishoppes to the priestes after his reasons and swasions to the sole lyfe vsed these wordes Non cogimus violenter vos dimittere vxores vestras sed dicimus vobis quales esse debetis si non vultis nos ●rimus securi liberi a vestris peccatis quia dicimus vobis canones sanctorum patrum We do not compell you by violence to forsake your wyues but we declare to you what ye shoulde be and yf ye wyll not we shal be cleare and free from your offences for we haue shewed vnto you the canons of holy fathers This writer in all his whole sermon neuer chargeth the Englishe priestes with any vowe but only standeth vpon the constraynt of canons ecclesiasticall For before the conquest was neuer matrimonie once forbydden nor vowes of seculer priestes once receaued Nor Gildas that auncient Britaine in his sharpe inuection against all estates of his tyme after he had reproued the greatest personages and the regulers of their abuses he proceedyng to speake agaynst the seculer priestes yet in his processe he neuer chargeth them for breakyng any vowe but chiefely for that they were not contented with saint Paules graunt to be the husbandes of one only wyfe but contemned that his precepte and were the husbands of more wyues at once in such lewd libertie as he charged before the laitie to haue vsed them selues in renouncyng their former wyues to take newe and to haue many wyues at once without all regarde of Gods lawes and cōmaundement after such lyke sort as the Irishe men vsed tyll Henrie the seconde his dayes what tyme the kyng dyd write to pope Adrian of his purpose to reduce the Irishe nation to better religion Girardus Cambrensis The pope in his rescripte dyd well commende his good zeale and councelled hym to go forwarde but with this prouiso that because saith he all Ilandes that be turned to the fayth belong to the ryght of S. Peter and the moste holy churche of Rome the lande shoulde pay yerely to S. Peter for euery house a penye as pope Alexander folowyng ratified the same with the reseruation of the sayde payment for Irelande and bryngyng to memorie also his pencion for euery house of Englande So that whosoeuer toke payne and coste to set any nation in order or to bryng them to better beliefe the pope would lose nothyng thereby where yet tyll that tyme his fatherhood dyd most strangely suffer that people so outragiously to liue tyll the kyng toke the reformation Upon which letters sent by the kyng ▪ the sayde Adrian dyd confirme to hym and to his heyres of that kyngdome VValter Couent and did constitute them kinges therof for euer And further in the letters of the said king Henrie sent to the pope he professed to refourme their abuses to put Christes religion better amongst thē Shortly after the kyng sent his learned men to the archbishops bishops there who kepte a great councell at the citie of Cassalense wherein they dyd constitute that where before the Iryshe vsed to baptise the children of the greater men in mylke and of the poorer sort in water and that where the Irishe laitie had as many wyues as they woulde nowe they decreed that water only should be the element indifferently for all their chyldren and that they shoulde mary
and saied that to make suche a Lawe was nothing els but to diuide Christes churche to destroie Christian religion and that it was againste all Gods forbode and though Pope Martyn the v. of that name wrote sharper letters to Henry the .vi. to haue it reuoked yet the kinges and the nobles aforsaied would none of it thei would stande to their Lawes whiche thei made in their policy how cōtrary soeuer Rome lawes were against them or how faine soeuer the Bushops of Rome would haue had their eyes still bent vpon vs as my Lorde of Winchester writeth in that their vniuersall carefulnesse of Prouiso Well looke vpon kyng Henry the eightes Acte in his .xxv. yere and fourtene Chapiter for the preamble and then smell if ye can what this Ciuilian meaneth by this gaie inuention of his to saie that vpon a Statute of Repeale the Canons succeadeth by and by in full force and strength And here I muche maruell that one thyng skapeth not onely this farcastyng Ciuilian but all his chief doctors of the Ciuill Lawe to For if this deuice be so greate a warraunte as he maketh it to the Commissaries in the maried Priestes case how chaunceth it that because kyng Edwardes statute before rehearsed of his firste yere repealed al his progenitours Actes for punishemente of heresies thei doe not tell the Spirituall Lordes others of the Conuocation whiche would so faine haue newe mens heades vnder their old girdels by the Act whiche was so muche labored for for heretikes at this laste Parliamente that seyng now all the old statutes bee put awaie for this matter of heresie and the realme hath no Lawe in strengthe and necessary it were as true it is that heresie should be brideled that therevpon tombleth me in all the whole rablement of the Churche Canons and Lawes by heapes with all their force and paines And therefore this Ciuilian might bidde the Ordinaries and all their Commissaries how sore and extreme soeuer thei listed to bee bee of good chere and dispaire not to want their willes for if thei looke well about them thei haue now by the benefite of kyng Edwardes statute and in this respect he might be called good king Edward or king Edward the sainct more in their handes then euer thei had these CC. yeres Now how this wittie deuice would be receiued and where it would be most thankefully taken or whether it would turne to the wealth of the realme Let other men expende and make answere to this Ciuilian and to other of his cheif doctors whether there were any misterie of mischief in it or no. I thinke that as in all Kynges dayes sence the conquest the wise and learned menne of the realme from tyme to tyme hath alwaie moderated the Canons lawes of the vniuersall church as small a mēber of the same as the Romanistes of these daies in contemptuous comparison would make their owne naturall countrée to the aduauncement of a counterfette and vnnaturall congregation at Rome whiche Churche thei full aptly call the temple of God and toke Canons but as rules of consente and refused them againe as fréely by consent and extinguished them and their paynes with them And yet were no princes of infidelitie as ye make a faier insinuation therof in your v. Chapiter I. iiij and euer preferred the Imperiall Lawes of the state of the realme for their surest inheritances as the Quéenes highnes at this daie doeth euen the same with good deliberation And yet the Queenes grace and her Nobles nor her graces progenitours nor their olde auncitours neither not counted the lesse catholike to God and to the true churche of Christ for suche bridelyng in of these sléepyng and dreamyng Canons of whiche progenitours saieth my Lorde of Winchester some of them bee saintes in heauen and be so honoured and reputed at these daies So I thinke the wise and learned menne at the makyng of the saied act of Kyng Edwarde in his first yere ment not that wher thei deuised it specially to resist extremities of lawes thei should imprudently or wittyngly bryng in tenne tymes more extremities then euer thei were vnder before that act was made When wise menne by the occasion of suche cases haue pondered by them selues what signes and profers bee made by this Ciuilian by the case of Priestes mariages whiche though the Deuill and all his members laboreth by all meanes to foile yet standyng as thei do vpon the rocke of Gods lawes specially for seperation and that separation beyng against the iudgement of the beste and eldest writers in Christes Churche standyng the aucthoritée of the kynges Imperiall croune and so many lawes knitte and combined in suche validitée as thei be made I doubt not but some man at length will saie Quòd non est talis casus in tota lege quod est valdè difficilis That there is not suche a case in all the lawe and that it is very harde as easelye as this lawier passeth it ouer And then againe rauyng in this one case of poore Priestes mariages whom to ouercome in their priuate case is no great maistery nor no great care taken although yet priestes to suffer violence of priestes will in th end litle aduaunce the whole Clergie I saie what myre maie be raked vp to make a shrewed perfume to their owne nooses in their owne cases and states I lette other menne consider It was wonte to be saied Qui vni iniuriam facit omnibus facit He that dothe wrong to one in effect doth wrong to all But what forceth this Ciuilian what lawes soeuer be against hym so thei bée no better then statute lawes of this poore outcaste Isle and perticuler Churche of England And whatsoeuer be iudged of hym so he may haue the victorie in this cause what care taketh he either what miserie and mischeife cometh to the priestes whō he hateth so spitefully or what inconueniencies maye ensue to the whoole realme by suche barbarousnes as is induced for want of ministers or what inconueniencies of vnspeakeable whoredomes and filthines pretily in some places alreadie begunne and practised by reason of suche forced separations wil folowe so he maie haue his purpose of this noble conquest For if the glorie of victorie were not so vnreasonably sought for in his glorious booke and if he were not beyond al measure incensed with malice against them as he appeareth or if he were not the man that belike hath so highlye aduaunced hymself in his own conceite that he thinketh no man dare or will dissent from hym or els haue set his forehead impudently so headstrong against all menne that he careth not who loketh in his face He could neuer be so farre past shame as he is so openly in so many places of his booke to lye in aduouchyng such aucthorities as he doth in the perticulers of his probations I maruell before God that he is not a shamed so boldly and irreuerently to vtter his lyes to the Queenes highnes
munckes coate for they sayde they dyd not lyke nor loue the gouernement of the munckyshe archbyshoppes Which thyng the kyng graunted and they therevppon presented one Wyllyam Curboyl Chro. saxo Petriburgē in anno 1123 Canon of the minster of Chichester And though the Prior of Canterbury and other munckes there with the helpe of Henry an Abbot of Amely legate of Rome tolde the kyng that it was agaynst ryght to set a clarke ouer the munckes yet these munckes at this tyme preuayled not though before they dyd immediatly after Anselmes death yea after by their trauayle to Rome the munckes laboured to the pope to denie the sayde Wyllyam his pall the aduersaries hoped well to haue their purpose Yet saith the storie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That which ouercame Rome that ouercame the whole worlde that is golde and syluer and so the pope alowed hym and sent hym home with his pall and with his blessyng It is a wonder to see howe the order of munckes in those dayes were sterne and stoute yea checkmate with the kyng and nobles of the Realme and howe they laboured to deface all others to the settyng vp of their owne estimation howe holy they aduaunced their owne order their religion and the estimation of their holy vowes which to blase out to the simple credite of the people they cared not what lyes they made of the greatest personages no what lyes they made openlye in stories wherof they were for the moste part the greatest wryters their wealth so abled them If ye aske an example ye shal reade in the storie of the muncke of saint Albons and out of Thomas Rudborne muncke of Winchester of no lesse personage then of king Henry the first his wyfe Mawd daughter to Malcolyne kyng of Scottes and to that moste holy woman margaret sister to Edgare Adelyng and maried to the same Henrie by the sayde Anselme Archbyshop who after due processe for that she was once for her safegard kepte in an Abbey at Winchester to put by vnworthy woers hauing on the vayle only without professing or vowyng and so proued to be free to consent to kyng Henries request in spousage as she her selfe dyd much stande in allegation to proue her selfe free and desirous to accept the kynges beneuolence Whiche storie and processe is tolde fullye by Edmere Anno. 1101. sometyme muncke of Canterburie who was a continuall associate to Anselme in all his doynges and iourneyes and auoucheth vpon his credence this to be true Yet commeth in the sayde muncke in magnifiyng the vertue of their monasticall vowes and wryteth that she vtterlye abhorred to be maryed to a mortall kyng seyng she had alredy Christe for her husbande insomuch that she was fayne to be long laboured of her father and all her frendes she hadde to geue her assent and with pure force and compulsion was compelled to geue her assent agaynst her wyll to marry with kyng Henry But with these wordes as is falsely fayned of her spoken in great bytternesse of heart Forasmuch as thus it must be after a fashion as I may I geue my consent but as for the fruite of my wombe that shall folowe this matrimonie I commende it to the deuyll for I haue vowed my selfe to God as to my spouse whose spouses ye haue attempted thus wickedly to defyle Thus farre that storie with more sclaunderous matter both to the kyng and his lawfull wyfe in respect of settyng out the vertue of their monastical vowes And leste ye shoulde thynke that he wryteth thus alone nowe foloweth the sayd Thomas Rudborne muncke of Winchester and telleth the same sclaunder of her and wryteth that she dyd curse the fruite that shoulde spryng of her body Wherevpon he saith further that Christe her spouse toke such vengeaunce in his ielousie for his spouses thus temporally maryed to a mortall kyng that so it folowed that the chylder of them both Wylliam his eldest sonne duke of Normandie and heyre apparaunt to whom the Realme was sworne and dyd their homage and Richarde his other sonne and his daughter with his neece and many other noble personages of the cleargie and laitie were drowned in the sea to the number of an hundred and fourtie persons and this miserable fortune dyd they ascribe to the mothers cursyng anno 1201. where Henry Huntyngton and others do ascribe it to the iust wrath of God for the sinne of Sodomie wherwith all or almost all were infected Whiche extreme plague of God so was sent for that vice of whiche Anselme gaue the occasion by his Sodomitical decree But thus was their estimation in munckery laboured for by them As it is also wonder to consider howe Munckes were conspired togethers to aduaunce them selues their houses and landes their vowes dignities insomuch that they had obteyned of Iohn 13. pope of Rome his letters to Edgare then kyng so councelled by Duustane archbyshop and other his sworne companions Ethelwolde byshop of Winchester and Oswolde byshop of Worcester to wryte to him requiryng him to see in his cathedrall Churches none to be chosen byshops but suche as shoulde be of the monasticall religion and wylled hym to exclude the seculer prebendaries at Winchester and in their place to put in munckes In whiche his letters the same pope Iohn wylled that neuer any of the seculer clarkes shoulde be promoted to the dignitie of the byshoppe there but first to be chosen out of the very same Churche or els of any other abbay whatsoeuer so he be a muncke or els he doth accurse both the geuer and the receauer iudgeeth him to be perpetually dampned at the day of iudgement Yea so superstitious they were in their phansies concernyng this monasticall vowe that archbyshop Oddo whose surname was Seuerus called to the Archbyshop sea anno 934. woulde not take vpon hym after his election to be consecrated before he had taken vpon hym for the more holynes of his dignitie the habite of a muncke at the abbay of Florence in Fraunce because saith he whiche yet he saith vntruely all the Archbyshoppes of Canterburie before hym were munckes And Baldwine Archbyshop anno 1184. after he had taken his pall and intronizated by and by he toke vppon hym the habite of profession at Mereton and declared saith Nubergensis the purpose of his religious mynde in outwarde habite Lib. 4. ca. 33. and so dyd his next successour Reginalde before his consecration dying by the way to Canterburie yet first takyng vpon hym the habite of a priuate muncke Wherevpon saith Treuisa of Oddo that he was lewdelye moued therefore to make him a muncke for Christe ne none of his apostles was neuer muncke ne fryer Loe after this sort dyd diuers of them magnifie the vertue of their vowes and habites to blynde the worlde with pretendyng holynesse outwardly but inwardly I feare were euen such as Wylliam Malmesburie before doth testifie of them Pag. 215. and recited agayne by Wylliam Thorne a muncke hym selfe
and let hym reforme his iudgemēt And furthermore seyng he is an Englishe Doctor tell hym that he is to scrupulose and to sore an exacter in that his owne countrey Lette hym reade what I saied in my Epistle to Augustine their Apostle that it was a nation where rather temperate moderation should be better to be vsed Inter decreta euisdem then sharpnesse of Ecclesiasticall Censures And let hym further read in that same Epistle how I tempered the matter in causes of matrimony and degrées of consanguinitée how muche I thought it by Apostolicall prudence to graunte vnto them to contracte mariage at the fourthe degrée if thei listed euen so remittyng the rigour of the Churche Lawes then in strengthe And moreouer shewe hym what was my resolution vpon that question Inter decret Gregorij primi Gregorij Iumoris whiche Augustine propounded vnto me sc when the wife is striken with some infirmitee and can not render due beneuolence to her husbande He asked me what shall her mate doe in this case Let hym heare my answere which I made for the consideration of that tyme. But first tell hym by the waie a poinct of his hypocrisie For where in his iiij Chapiter he would seme to aduaunce my estimation emong the Englishe nation for that I sent them certaine learned men to retourne them to the faithe and pretendeth in his sixt Chapiter to be displeased with the proceadyng Preachers as thoughe thei condemned me for a Papiste and all my writynges to be superstitiō and Idolatrie yet belike for all his enuious flatterie he sheweth but bread in the one hand and hath in the other a stone ready to caste at me to beate doune my estimation For he in his seuenth Chapiter impertinently bryngyng in this fact without any witte taketh vpon him to condempne this myne indulgencie for sinfull humanitee as contrary to the Canons and repugnaunt to the Euangelistes and Apostles But shewe hym he is to malaparte so to iudge and is to muche without humanitée towarde his owne people to repine at my fauour towardes them And tel hym that he shall finde this my moderation in the bookes of the Counsailes emong my Decrees written to Augustine the Englishe Apostle althoughe he referreth it to an other Gregorie writyng to Busshoppe Boniface a countrey man of ours who was sent by Gregorie the seconde Anno domini .720 into Germanie to winne them to the faithe and was their Apostle Who followyng my example of dispensation to the nation of Englande graunted the like to the nation of Germanie so that in deprauyng this moderatiō he condemneth vs bothe and therefore he taketh to muche vpon hym though Gratian bee on his side so to saie although he mighte haue learned that Leo the 4 Disti xx Cap. i. alloweth the decrees of the said Gregorie without exception where the gloser yet vsyng more reuerence to the See Apostolike maketh it good by his interpretation and not to be against either Canon or scripture But maketh it a meer case Papall belongyng onely to his holinesse as ye maie reade in Summa Antonim parte .iii. titulo primo Cap. xii parag prima and there good reader if thy chaste eares can beare that catholike doctrine expende what it is But what subteltée was in his head so to condempne this dispensation where he had condempned Luther before for the like doctrine ascribing to him to saie Si vxor nolit aut nō possit ancilla venito Which pretée storie he learned of his master Pighius let his owne head iudge But this was his resolution Bonum esset si sic permaneret vt abstinentiae vacaret Sed quia hoc magnorum est ille qui se non poterit continere nubat magis non tamen subsidij opem subtrahat ab illa cui infirmitas prepedit nō detestabilis culpa excludit That is Good it were if he would remaine so to geue hym self to abstainyng But because this is for theim that bee greate and strong in deede he that can not kepe hymself in continencie lette hym rather marrie yet let hym not withdrawe his helpe of relief from her beyng rather excluded from hym for her impedimente of infirmitée then for any detestable crime And if this Ciuilian will more diligently searche he shall finde that the saied Gregorie the thirde named the younger gaue dispensation to a manne to marrie his vncles widowe so farre within the degrees of consanguinitée whiche woman was once also professed in religion and had made bothe vowe and also receiued the vaile of her profession And that also he gaue license to certaine Busshops and Priestes to minister notwithstandyng the retainyng still of their wiues or womē in their company and though Pope Zacharias who next succeded him did not muche allowe the said former dispēsation as it is cōmonly vsed in the Papacie for one to annull and repell the decrees and pardons of the other yet he did not dissolue the saied mariage but wrote to Bonifacius to perswade the partie to relinquishe his mariage as he did hym self write a commonitorie onely to the said partie dispensed with by Gregorie aforsaid But what O father Gregorie if this Englishe Doctor alledgeth in the same place where you counsaile suche as be molested with the stormes of temptation to resort to the port of mariage that you declare your minde further there saie Sine culpa quippe ad coniugium venitur si tamen nec dum meliora vouerūt ▪ that without blame doe suche come to mariage at the least wise if thei haue not afore made a vowe of some better thyng If he straineth these my woordes saieth Gregorie whiche were for the tyme spoken or if he will bee still displeased with my former indulgentie tell hym againe that I saie Quòd regulae sanctorum patrum pro tempore loco persona negotio instante necessitate traditae sunt That the rules of the holy fathers bee made for the consideration of the tyme place persone and matter and for the necessitee present Yea let hym well expende Pope Innocent the third his saiyng Non debet reprehensibile iudicari si secundum veritatem temporum statuta quādoque varientur humana c. in concilio Lateranensi Capi. 50. It ought not to bee iudged blame worthie if accordyng to the diuersitee of the tymes mannes decrees be diuerse specially whē vrgent necessitée or euident vtilitée require the same for GOD hym self hath chaunged many thynges in the newe Testament whiche he decreed in the olde c. And what equitée is it to force these tymes when votaries be so young made to beare the rigor of the Canons whiche were made for theim whiche were not professed before thirtée yere of age and not without greate deliberation and examination And tell hym againe that my meanyng is as he might haue gathered of the maner of my speaking in my saied pastoralles that if the votarie hath vowed that thing that is better to
dedecorosam a populo contemnitur illorū doctrina Quod si hijs qui non continent concederetur matrimonium ipsi viuerent quietius populo cum authoritate praedicarent verbum dei liberos suos liberaliter educandos curarent nec alter alteris vicissim essent probro c. As for the state of single life neither Christe neither yet his Apostles haue prescribed any Lawe in holy Scripture And where as the Churche hath altered Uigills vsed to bee kepte in the night the maner of fastyng vsed to bee continued till the Euenyng and suche other thynges many as occasion hath risen from tyme to tyme why force we mennes constitution so stifly here in this poincte seyng so many special causes might aduise vs to make alteration For firste of all a greate number of the Priestes liueth in infamie and with an vnquiet conscience ministereth those moste holy misteries Furthermore the profit that might arise by them is lost for as muche as their teachyng is not regarded of the people by reason of their open filthie life Where if mariage were graunted to suche as dode not containe bothe them selues should liue the more quietly and their preachyng of Goddes woorde should bee had of more aucthoritée emong the people Beside that thei should se their childrē honestly brought vp so that the one should not be a shame or rebuke to the other Thus ye see how that Erasmus wondereth what men meane to be stiffe in this constitution of the Churche seyng there bée so many reasons that might moue them to graunte to Priestes to marrie This Ciuilian saieth that it would tourne to the decaie of the estimation of the Clergie and so to the contempt of the religion of Christe Erasmus saieth that if thei liued in Matrimonie suche as could not containe thei should haue a better name then thei haue and therefore a better estimation Thei should with more aucthoritée preache Gods worde and the people would beleue them the better where now for their standerous liuing thei be despised saieth he Moreouer the Priestes them selues should haue a more quiette conscience to sende vp the better and ofter praiers to almightie God the soner to be harde Where now by their filthie handelyng of so holy misteries in so vncleane a life their benedictions bée tourned into maledictions saieth Gregorie and the mummyng of their Masses saieth I. Pecham in his constitutions bee rather worthie to bee called execrations then celebrations Lette not this Ciuilian thinke that suspected and euident euill life in corruptiō defilyng mennes wiues and their daughters will winne a credence to the Clergie as muche as honest and chaste matrimonie should if it were by lawe permitted And if it were lefte at libertée there would bee in the Clergie that willyngly would liue chaste to winne this estimation that this man speaketh of And better to haue a fewe suche that might liue without suspition then vpon the common experiēce of many faultée the people should suspecte all For that whiche is true in deede will so abide when that whiche is counterfet can neuer but shame it self at lengthe In comparison of whiche counterfette chastitée Lib. 5. Cap. ● and wedlocke chastitée speaketh Polidore in his boke de inuentoribus rerum Illud dixerim tantum abfuisse vt ista coacta castitas illum coniugalem vicerit vt etiam nullius delecti crimen maius ordini dedecus plus mali religioni plus doloris omnibus bonis impresserit īusserit attulerit quā sacerdotum libidinis labes Proinde fortassis tam è repub Christiana quam ex ordinis vsu esset vt tandē aliquando ius publici matrimonij sacerdotibus concederetur quod illi sine infamia sanctè potius colerent quam se spurcissimè eiusmodi naturali vitio turpificarent But this I will saie that it is so farre of that this cōpelled chastitée hath excelled that Wedlocke chastitée that no crime or enormitée hath imprinted either more hatered to the state of Priesthode or hath more defaced Christes holy religion or yet hath stirred vp more griefe in all good mennes hartes then the slaunder of the vnchaste life of priestes wherevpon perhappes it should be as honourable to Christendome as commendable to the Clergie that once at the last the libertée of mariage were graunted to the Priestes by publike aucthoritée wherein thei might vertuously liue without rebuke of their estimation rather then thei should distaine them selues so filthily by suche vice of nature Here ye sée that this Clerke is of the same iudgement with Erasmus to thinke that it should be as well for the profette of the comon wealth as for the honour and estimation of the Clergie for priestes to haue libertie to mary And that it should be no slaūder nor infamie to them to be maried if it were doen by open authoritée So that the priestes of these daies maried by open aucthoritee néede no more to bee a shamed of their mariage then M. Martin nedeth to bee a shamed to bee borne of that matrimonie wherin he was borne And shall bee as good in euery condition how soeuer he would shame it To liue in manifeste or secrette whordom is a shame before God and also to the world And this it is saieth Polidore that shameth the order destroieth the estimation of your religion This it is that good menne lament so beauilye in all ages from tyme to tyme and yet could neuer haue it remedied by all the Lawes thei could make Howsoeuer thei coloured it how easily or how extremely soeuer thei proceaded againste it yet was it worse and worse Lette the Townes speake where Monkes dwelt Let the Cities be examined wher cathedrall Churches are let open Nonnes and close Nonnes be asked of their consciences what rule there was kept let the cuntrie tell the truthe of Limitours sent among them or els Friers in cities and boroughes drawyng the latche of the doore without warnyng to saie there sainct Ihons Gospell And lette this Ciuilian consider what matter he goeth about I wis he doeth no great pleasure to the Clergie as he would haue them thinke yea and if thei were wise thei would thinke the same For let not them hope that thei can escape as thei haue doen. The laye men will not beare it at their handes Before tymes when the laye man saw his wife abused before his face or his daughter rauished or mayde defloured he was faine to make the best of it for feare of accusation in some other respecte that should aswell pynche hym as the parishe prieste I doubt not but seeyng that the Priestes themselues be so earnest to beate doune this late graunted libertée thei make but a rodde for their owne tayles Lette experience trye the matter Well I haue not red of any one learned man in these daies speakyng in this cause of conscience and of learning but euer thei haue made moderation in the expendyng of it And haue shewed their desiers for
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