A glass of the truth. TO THE readers. ❧ To the gentle readers and sincere lovers of truth. YOu shall have here, gentle readers, a small dialogue between the Lawyere & Divine: wherein if there lack such eloquence, such drift of arguments and conveyance of reasons, as peraventure ware requisite, and as ye shall desire: yet we shall most entirely pray you, that where we be not sufficient to supply the same, to content yourself with this our rudeness, declaring the pure truth alone: which you shall be right sure to find in this poor treatise. For here have you no new allegation of man's invention or imagination: but only taken of the scripture of god, of the counsels and ordinances of the church universal, of most ancient pope's and other holy doctors writings, with the facts and authorities of blessed men beside, without wrythinge or wresting of any of them: being taken of whom and of none other I am sure you will say it is to be esteemed for a most assured truth. praying you most benign readers that tho some would say that they be not truly alleged, rather to give credence to so many approved universities which affirm our allegations to be true: than to the asseveration of any other, specially of some few affectionate persons, which do or may endeavour to deny the same. And now therefore to tell you the very truth, this same is the grounded cause why this little work beareth his name, which is the Glass of truth. For it is plainly the same clear glass, within the which ye shall see and behold (if ye look well and leisurely in it) the plain truth of our most noble and loving princes cause: which by unmeet and unkind handling hath hitherto had so overlong a stay. The which doubtless if we well consider, is moche more our hindrance than his. For his lack of heirs male is a displeasure to him but for his life time: as lacking that which naturally is desired of all men to have children. But our lack shall be permanent so long as the world lasteth: except that god provide. For though we have a female heir, which is both endued with moche virtue & grace in many dootes and gifts, yet if a male might be attained it ware much more sure, if we well perpend and ponder many urgent & weighty causes. Amongst which this one, is deeply to be foreseen, that if the female heir, shall, chance to rule, she can not continued long without an husband. which by god's law, must then be her governor and heed, and so finally shall direct this realm. But who that should be, with the contentment of the subjects, me thinketh, it were hard to excogitate. For proximity of blood, is to great a let to some, otherwise meet for that purpose, except we would be so beastly to put our neck eftsoons in the snare of this erroneous prohibited error, which is, and hath been always detested by the most part of all the famous clerks of christendom. The punishment whereof, were to terrible to be suffered, and also to abominable to be hard of, amongs christian folk. On tother side, to other some, it were dangerous, lest we should make them superiors to us, over whom, we claim superiority, saying the man must rule the woman. Others outward meet personages our slender wits can not comprehend. And as touching any marriage within this realm, we think, it were hard to devise any condign and able person, for so high an enterprise, much harder, to find one, with whom the whole realm would & could be contented to have him ruler and governor. Wherefore we think the establysshement of titles is not so surely rooted nor yet so entirely maintained by the female as by male. Which well considered sins the union of all titles do remain and be collocate in him only, we ought of duty (if our wits may thereto extend) to excogitate all ways to us possible, how we might attain the succession of heirs male. And that way once found, erenestly with celerite to put in ure: in no wise suffering this weighty & urgent cause to be longer differred or delayed, by those which do but usurp to themselves an honour and vain glory contrary to many general counsels and their own laws also: as more plainly shall appear in this little treatise of truth. For else according to an ancient proverb, Mora trahit periculum. To long abode is causer of much danger, we might be much indemnified and hindered. furthermore you shall in this Glass see, how that now it ought to be ordered after our simple judgements: so to have a good and perfect end, most for his honour and quieting of conscience, for our great wealth, & for the prosperity of this his noble realm. And now this same is the truth, of which scripture saith. Magna veritas, et fortior prae omnibus, non est cum en quicque iniquum. 3. Esdrae. 4. That great is the truth, of strength and power of 'bove all: with it there is none iniquity, none ill dealing, none obstinate and froward babbling, no malicious backbiting, no slanderous and factious enforcing. This is the sole truth left until herself. Without all vain ostentation, without inventing or borrowing of idle titles and inscriptions, without colouring dissembling, pretence and all outward painting. Ye shall find here the mere truth (as we trust) without all maligning, railing jesting and detracting of them, that of truth no such have deserved: the which it may be your lot to see and here some where else. Moche more we might induce to set forth and adorn this Glass of truth before you, save that the process following shall sufficiently and much better perform the same, to the which I holy remit you: evermore most heartily praying you godly myldly & without all ill affection to emprynte well in your hearts this mere and sincere truth, and so to follow it that you may do a thing acceptable to the pleasure of almighty god, and contentation of our sovereign and prince. And thus far ye well in god loving brethren. A DIALOGUE. THE LAVYER. We seemeth, it is wisely and truly said, that the right way is ever the nearest way: & likewise the plain way most sure, to try all manner of truth by. THE DIVINE. I think that it be true, which you speak: but you speak so obscurely, that I wot near what you mean thereby. If you mean it by the imitation of Christ, That our saviour Christ is the right and plain way. which beareth witness of himself, saying I am the right way, I am the true way, and I am the perfit life: then are you in the right. And if you mean the plain way to be most sure, because that Christ saith he is the door by which we must enter in, this your saying can not be amended. whereunto god himself exhorteth us also by his prophet, saying ye christian men look ye judge a right. THE LAVYER. The better for my purpose. For the cause why I speak it, is for the great weighty cause of christendom: concerning the kings separation fro the queen. It is tossed and turned over the high mountains, laboured and vexed at Rome, from judge to judge, The dangerous and unmeet handling of our soveraygnie rightful cause. without certain end or effect: being very perilous for his highness, and much more dangerous (if god help not) for us his poor and loving subjects. Which if it had been ordained in the right and due course, that is to say within the realm, and so by the metropolitan examined and discussed, That the cause ought to be ordered within this realm. as law & reason would it should have been, there had ensued in this right way or this time an honourable end and purpose: to the great wealth of this realm and quietness of christendom. The lettars whereof what so ever they be, me thinketh aught to be detested of all good english people and subjects. THE DIVINE. One of the chief lettars is and hath be the lawyer's opinion: which would attribute to the pope the heed of their law all manner of power. How some lawyers to much attribute unto the pope. whereby being well descant (as they can well enough) at length shall be no law, but only his will. For and if he might dispense with god's law, and all other, and ordrens them as he will (as lawyers say that he may) than what folly were it to observe God's law or any other, but only investigate and search to know the pope's will in every thing, and that to follow accordingly? which ones attained were the lawyer's hole glory. For who should be set by then but only lawyers/ because they extol his authority so high? THE LAVYERE. you enserch and follow the french proverb to moche. THE DIVINE. Which is that? THE LAVYER. Who searcheth findeth. Qui search trove. For surely if without affection we should speak, we lawyeres attribute to much authority both to our master & to ourselves also. THE DIVINE. I have hard verily few of your sect so plainly confess the truth. Nevertheless it is to my great comfort to remember that it is my fortune to meet with so sincere a man being (as I trust) so entirely my friend: which is dedicated to truth and not to profession. THE LAVYER. I wot what I should do, but I wot near what frailty will let me do. THE DIVINE. If will be purely good/ the old proverb shall follow. Nihil difficile volenti, God will aid the well willer always. THE LAVYER. That being true, and because you have some thing touched us lawyers: you give me boldness furthermore to commune with you, and ask of you, if divines be not partly to blame as well as we: that this great cause goeth no better forward. THE DIVINE. All I can not excuse. For some of us be as heedy as you: The truth of god with out worldly respects to be regarded and yet our learning leadeth us not to it: as yours doth you. For we should only regard the maker of all laws and the mere truth: and not vanities of this world, nor eke affections. THE LAVYER. Ye say well friend. That would to our lord the learned men of the world most specially of this realm would follow this lesson, and use it in deed. For as I perceive & here, some of them follow more affections and respects: than god's word only and truth. THE DIVINE. Who taught you I pray you to hit so truly the nail on the heed? I think in deed that if worldliness were not looked for, there would more agree to the truth than hitherto hath: though there be a marvelous great number that hath agreed there to all ready in deed. THE LAVYERE. That worldly respects may hap to fail them, that trusteth thereto: & where be they than? Me thinketh furthermore a great folly in them to adventure upon so slander a ground both soul and body. THE DIVINE. Truth ye say, where of is great pity, that learned men specially, regard not more the world to come than the world present: and that they unite not themself in opinion. Great pity that all learned men be not of one opinion in this one truth. Which thing showeth a great lack of grace, and an overmuch addiction to private appetites, mixed with to much heedynesse and obstinacy. And yet there is but one truth in this matter. THE LAVYER. I marvel than, why many thus call this matter disputable, seeing that there is but one truth therein: and why that truth is not embraced and openly showed by all learned men. THE DIVINE. As to the first, though some call it so, I see no reason why they should say so: That this cause is not disputable, as a thing of doubt. except they would say, that nothing is taken for truth in this world. For I do esteem, that there be few articles of our faith, the which be approved by more authentic authorities, more provable ye invincible reasons/ by more laudable customs and usages: than this cause is on the kings side. And sins it is so, me thinketh it is not disputable as a doubt in law. As to the second I fear me that lack of executing in deed of that which we profess by mouth, is a great lack there unto. For our lives and religion be many times far a sondre, I pray our lord amend it, when it shall be his pleasure. But as to the first, because I think it not disputable, I shall declare you some reasons which do persuade me to think so. THE LAVYER. Marry I pray you let us here more. For one I have heard all ready, which me thinketh very vehement. If the remanant follow, I shall for my part be marvelously satisfied. THE DIVINE. first it is to understand, that according to the saying of the prophet david. Verbum dni manet in aeternum. Spal. The word of our lord god is most sure and ever abideth. sins that so is infallible, it must needs follow, that it, which he utterly forbiddeth in the negative, may no wise be attempted. Nullus accipiat uxorem fratris sui, et non licet tibi habere uxo rem fratris. then in this case, that is to say. A man ought not to marry his brother's wife: It is in the negative forbidden, in the Levityke both xviij and twenty chapters. And therefore in no wise it is to be attempted/ specially with us that be christian people. A man to marry his brother's wife is forbidden by the laws of god. THE LAVYERE. I think this hardde to be assoiled: neverthe less the law Deuteronomyke seemeth to assoil the same. THE DIVINE. Nay surely, if it be well understand. For in the beginning that law seemeth to propone and lymytte certain points and circumstances, without the which that law were no law: as plainly by the text hit self it doth manifestly appear. Plain circumstances & profess/ that the literal sense of the Deuteronomy law was to the jews only. That is to say, first as when they dwelled together: the second when he died without issue: the third, to suscytate the brother's seed: the four that his first son should be called by his brother's name: the fift cause and ground of that law was that the name within the Tryebe should not be forgotten nor abrogate in Israel: most specially the tribe of judas, whereof it was prophesied that our lord should come of. Nevertheless to the intent that ye might well perceive that this law was trulier to be observed in the mystical sense/ than in the literal, and that most specially now by us christian men: the smallness of the pain which followeth it, declareth it full well, as by the text following you may well perceive. And yet it is left also to the arbitrement of him that succeedeth to take or refuse her at his pleasure and will: suffering a right small and easy punishment, as tofore: which is lymytte in the aforesaid chapiter. And to show that it should not be but in the mystical sense observed by us christian men: Only the mystical sense of the Deuteronomye law is for christian men & not literally, saint Austen sayeth thus, Every preacher of the word of god is bound so to labour in the gospel, that he stir up seed to his brother departed, that is to Christ, which died for us: and the seed so suscytate must have the name of him departed, that is of Christ: Whereupon we be called Christians. So therefore we plainly be not bound to keep and fulfil this law carnally as by bodily generation after the aforesaid signification and taking of it: but spiritually in a truth fulfilled. Holy Isidoure in the self same manner saith as doth saint Austen. saint Ambrose also sayeth, that the sentence hereof is taken mystically. And as for any example, in whom this were fulfilled literally, there hath been none showed/ as he affirmeth. Now me thinketh therefore (though we make the most we can of it) this law of Deuteronomi was but a special law, given only to the jews: as ye may well perceive by the aforesaid circumstances in the text itself, serving only for those expressed intentes: which among us christian men neither hath nor may be in any wise observed, as taken of that law: but be clearly abrogate, annulled, and in no wise to be used. For who now a days thinketh himself bound, to suscitate his brother's seed: or to have his son called by his brother's name? Or who thinketh himself bounden now to the groundsel and very foundation of this law of Deuteronomy, Ipsa basis et fundamentum Deut. legis. which is here in this chapiter? As to continue the inherytaunces, and to support the names of the tribes in Israel only? And that this is the full intent and ground of this law: it may be gathered very well by the very text of the same law: Quando fratres habitaverint simul, et unus ex eis absque liberis morruus fuerit duty. 25. where it sayeth. When brethren dwell together, and one of them dieth without issue or children. Which maketh a plain argument and sure proof, that except he died without issue, his wife should in no wise mary the other. then to have issue for suscitation of seed and continuance of the brother's name in Israel (as it well appeareth) is the cause of this law. Which also maketh it appear evidently, that this law is merely ceremonial, as that is institute for certain people only/ for certain place and certain tyme. This Deuterono. law ceremonial which is now clean abrogate. For I am sure no man will say, that we ought to mary for that intent now a days. These things be so evident and manifest, that me thinketh with out a man will not see, he must needs perceive, that this law of deuteronomy/ whereof we speak now, was only made for the jews: and that we christian men be clearly 〈…〉 servitude and bondage of the 〈…〉 of the ceremonies of that 〈◊〉 except that he will have Christ 〈…〉 fore to come again, and 〈…〉 us christian men to play the 〈◊〉 jews. Beside these profess upon the very text, the most part of the ancient authors also do declare this law of the deuteronomy to be abolytte. And that except both circumstances in every part and also the ground were observed: it could never have served. For they be so mixed together in precept, that the one can not well stand without the other, and duly be kept, as it ought to be. Wherefore this Deuteronomyke law taketh nothing away my formare argument, nor yet assoileth any part thereof. THE LAVYERE. By the faith I own to god, you speak felly. THE DIVINE. Nay, I could speak moche more yet in declaring of that law, were it not that I promised you to show you the reasonnes, why that this matter is not disputable. THE LAVIERE. I pray you, sins we be entered in to this matter, let us have more of it: to the intent we may try our own conscience the better in it. THE DIVINE. sins you needs will have me cough out all, I will tell you more of my mind. The Deuteronomie law in this case could ill quadrate or agree with the levitical, except the intent and circumstances thereof be well considered as tofore. And also that this term brother in that place be well understand and considered. Note the taking of this word brother. THE LAVIERE. Why, I pray you, is there more mystery of that word in the Deuteronomy, than in the Levitike? THE DIVINE. Ye forsooth, for in the Levitike it can nor may be taken for other than for the very brother, the text being judge itself. But by the Deuteronomike, as many taketh it: is meant the next of the blood after the degrees ꝓhibite/ though he be but kinsman. And so it might well stand with the levitical amongst the jews. The which interpretation is well approved also by the plain history of Ruth. But these things be so hylye entreated in many other works and treties, that it were but a loss of 〈…〉 any more of it. wherefore 〈◊〉 now to return to my formar● purpose, & to declare you the rest of my reasons. THE LAVYERE. These in deed have been more entreated on, than the matter which you have proponed. Wherefore sins it is your pleasure, I pray you go forth withal. Yet I ensure you I have not hard so profoundly that other matter declared in my life, for so short & a brief declaration. THE DIVI. I am glad though without my desert, that this my declaration pleaseth you so well. And now I will go forth with the rest of my mind. first I esteem the word of our lord god above all things, Verbum dei nec fallit, nec fallitur. The prohibition Levitical general for all people. Non facietis ex omnibus abhominationibus istis. tam indigena q colonus, qui peregrinat apud vos. Levit. 18. that neither deceiveth nor yet is deceived: which saith that no man shall take in marriage the wife of his brother. And secondly I noote, that he in the same chapiter commandeth this not only to the jews, but as well to all manner of people: saying these words. You shall do none of these abominations: nother you that be here borne dwellers of this country neither any straungere, what so ever he be, that cometh among you. Every man that doth any one of these abominations, shall perish fro the mids of his people. Omnis anima quae fecerit de abominationibus his quippian: peribit de maedio populi sui. ibidem. By these words it may well appear that god doth not prohibit these offences only to the jews, but also to all manner of people. For he sayeth, every man who so ever he be that doth any of these abominations, shall perish. If god himself had not determined this law to be moral, he would never have commanded it to all manner of people. For few places there be (as I think) in scripture (I may well say) none, which be generally prohibit: that be not also moral. And it is moreover to be thought that god would not so generally have for bidden it, so extremely prohibit it, so horribly to have detested it by his own words: calling it in some place offence of his precept, The sore word that god himself useth in giving the prohibitions Levitical. in some contamination, in some place a grievous fault, an ungodly and unlawful thing, in some place abomination, in some execration: except these were moral, and except it were also his very will that folk should generally forbear and detest them. These words (as seemeth me) be so fearful, so terrible, and of christian people so to be pondered, that the weight and grievousness of them, can scant, without great grace, be condignly imprinted or impressed in our hearts. wherefore me thinketh we ought all with meek spirits to call for grace, and to endeavour ourselves by all ways to attain the same: to th'intent it might the more abundantly flow in us, & not obstinately or carnally to withstand it, when many times it is offered us. For it is a great fault, and a great lack of grace, when men hath truth offered to them: and they wylfully to withstand the same. THE LAVYERE. In good faith I never marked this, nor yet understood so perfectly in my life. For surely it is marvelously to be noted, and yet with more reverence to be observed: in so much that now me thinketh I perceive a very shamefastness to enter into any such act/ which except the act were unlawful, Verecundia needed nothing. THE DIVINE. Now ye begin to feel somewhat and to find the truth. For scripture in the same chapter confirmeth your saying, alleging these words. Non revelabis turpitudinem uxoris fratris tui, quia turpitu do fratris tui est. Le. 18. There is shame in discovering the uncleanness of thy brother's wife. Thou shalt not discover it. For it is the uncleanness of thy very brother. Hereby we may well perceive, that there is a vileness, a contrariety to virtue herein. For else we needed not to be ashamed of it. And I do think verily, that who so ever would maintain the other part, can not deny, Contrarium honesto. Turpitudo ex se. but that it is against honesty, which is very virtue: but that it is of itself very uncleanness: It is (as I have rehearsed here by gods own words) a sore fault. It is contamination, abomination, execration. Wherefore I marvel, that christian men do not tremble to here it, and much more fear not wittingly to do it, or avisedly to continue in it. For surely there can be nothing of the spirit of god: Non ex spiritu. that can induce man to it. If for carnal affections & worldly policies men should persuade it, how moche that were to be detested by a man of pure and sincere conscience: I report me to any man, that is endued with a perfect and plain garment of truth. That for any wealth of this world would break or seek colours to break so high a precept of the maker of all worlds. Wherefore these which we have afore rehearsed, being so evidently declared by his own mouth, as the text hit self doth affirm it, when it sayeth, I am your very lord, the which commandeth you this: Ego dominus deus vester Levi. 18. me thinketh that we christian folk ought to judge this cause not disputable, but all ready judged by the judge of all judges. Thiscause not now disputable/ but all ready judged of god. And so manfully to withstand in goddess quarrel the maintainers and supporters of the contrary: saying that our master so extremely prohibiteth and with such abomination detesteth hit. Other things therebe also, which moveth me marvelously, to think that this is not disputable. And those be these. first the ancient authors, Ancient authors. the which writeth of it. Wherein they in detesting it do show manifestly their opinion and plainly give their judgement in it. For if it were good or hereafter might be good: they being so highly learned & so holy, would never so greatly abhorred it. Counsels. Secondly the counsels for the most part (which speaketh of it) doth utterly damn it. Specially (as seemeth me now) Constance counsel, Constance counsel. in disapproving the opinions of Wycliffe. For that counsel saith, that who so ever be of that opinion that this prohibition levitical, Let no man marry or otherwise take and use his brother's wife, Nullus accipiat uxorem f●●s sui Leuit. 18. with other there: be only prohibitions made by man and not by god, & holdeth the same: they incontinently to be esteemed and taken as very Paynemes and mere heretics by the church. Heresy to maintain the contrary to this came. furthermore that none, what so ever he be, shall dare other to preach, to teach, to hold, or in any wise allege any of Wycliffes articles: other of the xlv first condemned, or of the other. Cc.lx articles: of the which this same afore rehearsed was one. Wherefore it may evidently appear now, that this matter is not disputable, but all ready judged and concluded: sin it is determined, that he shall be taken for a very heretic that holdeth or upholding disputeth the contrary. The third is, that the hole consent of all the indifferent universities of christendom doth plainly determine and consent, The consent of all indifferent universities. that this prohibition levitical is not only a thing prohibit by the laws of god & nature: but also that it is a square and very rule, by the which christian men ought to be ordered & live by. Synon they take it thus, that is to say: that this is a precept and a direction, by which we christian men ought to live by, and the law Deuteronomyke a thing ceremonial, which is abolytte: I marvel that folk be not a shamed to call this matter disputable or to hold against it. Moche more I wonder what ground they have, or would forge the contrary of this matter upon: seeing that first it is (as me thinketh) all ready judged by gods own words, by general counsels, by the hole consent of all indifferent universities of christendom, ye and by a great number of other learned men: whose scales and hands be ready to be showed. It is also among us christian men imprinted in our hearts in manner (as who would say) from one to another, fro the father to son, Per manus traditionem to detest it. And doubtless among good folk it hath been and is in manner so abhorred, that scarcely they can find in their hearts to here speak of it. So than that I take it an hole acceptation of the church of christendom, sin the beginning of the faith. This truth accepted fro the beginning of the church hitherto. Wherefore any more to doubt of it, or to call it disputable, and not to repute it as already judged. I see no ground why, and think it damnable. Alas, me thinketh that learned men holding against this opinion, though they seem to be of the church: they be not in deed. For they hold an opinion contrary to the opinion accepted by the hole church. Wherefore these words of scripture may well be laid against them, where Christ sayeth. Who so that is not on my side, Qui non est 〈…〉 me est. Math. 12. is on the side against me. So that by these words verified in them, it well appeareth that they be not of Christ's church. furthermore I am sure that some of them will say there be divers cases heresies: which I dare boldly say have not such ground and foundation in truth: neither of scripture, nor of good authors, ne yet of general counsels, neither have been accepted by the due order, which cometh from one to an other as this hath: willing the lay fee to believe them in these matters, and yet will not they give place themself to this matter: so highly proved and by so many ways determined. Who can believe them in their persuasions: when they believe not nor give place to the truth? Nat calling truth that, which fantasy judgeth truth: but that, which is approved truth. Therefore me thinketh they slander sore the church, or else much themselves. As who would say there were no truth therein: when they so showeth themself of contrary opinions. For if there be a truth (as good men think that there is) it ought universally to be taken, to be preached and taught for a truth. Omnis doctrina divinitus inspirara utilis est ad docendum. 2. ad Tim 3. For all doctrine inspired by god, is good and wholesome to be taught, as sayeth saint Poule) and not by sinister affections to be hid hindered and detracted, like as therein some do. Wherefore to the intent to reduce them to one flock, to a concord and to one assent: Vt fiat unum ovile. Io. 10. I think it were necessary that the prince and his people should not give credence to them in those things, which they on so much less ground so desire and require to have kept and observed: until they give place to this, and such other: as scripture doth plainly declare and determine, with like assent of general counsels, and of ancient saints and doctors. And I think, so that if they might have the one which they be affectionate to, unum ouile et ●●us pas●●r. granted them: they would soon give place to the other. And so might there be made one flock and one shepherd of it, one heed and guide and a sort under him of one mind and concord. The which as for my part, I pray god send us shortly. THE LAVYERE. These be wonderful things to here, and ought much to move the hearts of all true subjects: and that specially sin they concern their kings soul health, his wealth and there realm also. Our bounden duty to our prince. Alas, is it not great pity, the prince having so manifest and plain grounds for him, he being also so loving to us as he is, so glad & so hearty to take pains for this his common wealth: that we, which that be his subjects, should be to him so unnatural, that other for other considerations worldly, or for reports of sinister persons, should let to do our very duty to him? ye and leaving the plain truth, rather to believe maligners against his cause, which soweth more division than obedience: & not according to our very duties to stick fastly and surely unto him, which is in the very right. though peraventure he say little, yet may it fortune that he marketh all. Wherefore both duty and reverence with fear, is to be had to him, which is so loving and hearty to us: to the intent that these being joined both on his part and ours: Malignitye & ill report to be withstand. we may withstand the malignity of all backbiters and slanderers: and utterly in our hearts conceive, that it is far from our duty of allegiance to believe untrue reports and false malignations against our sovereign. And herein we ought to emend our faults, and from henceforth not to suffer any such reports: but man fully to withstand, who so ever would use themself to the contrary, other in word or deed. And in this doing, I think there should be rooted the greatest union between the heed and body that ever was seen or hard of. Which should fulfil and perfyght that wise saying of Sallust. Concordia pnaeres crescunt, discordia maximae dilabuntur. De bello In. Where is peace and concord, small things encreasyth and cometh to much: by debate and discord where is most, it soon faileth and slideth away. Wherefore I pray god send us his light of grace, specially to keep this between our heed and us. THE DIVINE. By my truth, I think there can not be a better exhortation, than you have here given us all. For so long as no member halteth or is in pain▪ the hole body must needs be the healer. But now that hitherto we agree so well, I must be as homely with you, as you have been with me: praying you to assoil me certain questions of law: like as I have assoiled you in divinity. THE LAVYERE. I ware to blame else. But I must pray you first to assoil me one question more, which I would fain know. THE DIVINE. What is that I pray you? THE LAVYER. Of the power of the pope, in dispensation with the law divine. THE DIVINE. Of that to entreat at length were now to short a tyme. And it hath also been written of by so many authors, that it ware hard for me to say any thing therein, the which hath not been said. But yet for your pleasure I will assay some thing, as it shall occur to my mind. Yet one thing I must know your will in, ere that I proceed any farther. THE LAVYERE. What is that I beseech you? THE DIVINE. Marry sire, this is it, whether you will that I should show you what the old ancient doctors do say, or what the moderns, which somewhat flattereth the pope's authority, sayeth: other else declare you mine opinion, taken out of both, which I trust shall not be far from truth? THE LAVYERE. The ancient doctors and many also of the moderns opinion hath been declared herein in many other books and work: of which I have seen some both of latin and english. But is there, say you, difference amongst other of their opinions? THE DIVINE. Ye forsooth, for some of the moderns smake to much of your law, in wresting of scripture for advancement of dignity: which the old fathers do clean forbid and contemn: and likewise also divers other moderns. Whereby you may well perceive that there is some alteration among them. THE LAVYERE. That is true. But which think you do best? THE DIVINE. They that do lest attribute, arrogancy rule and dominion to the spirituality. The pope can not dispense with the law of god & nature Quare nos transgredimi ni praeceptum dei propter traditiones vinas. Ma. 15. Scriptura ꝓphetica non est humanae intpretationis. 2. Petri. 1. For sure it will be at length else their utter confusion: it is so abominably at this day abused and presumed on. But now to my matter. The scripture sayeth these words, why do you break or transgress the commandment of god for your own traditions? And also these words. The prophetical and holy Scripture is not of man's interpretation. With this moreover, scripture must needs stand unloosed. All these ancient authors also, which here followeth, do say, Non potest solui scriptura. joan. 10. Augusti. accordingly to holy scripture, that the pope can not dispense with other the law of god or nature. Saint Augusten, besides other places, in the epistle, which he writeth Ad Glorium Eleusinum, showeth that he is under the general counsel. Wherefore much the more he must needs be under the law of god. Saint Ambrose in his book de Paradiso affirmeth the same. Ambro. Bernardus. Likewise saint bernard both in his epistle Ad Adam mona chum, and in his book de dispensatione et prae ceptis. Holy pope's also that were in the old time, do confess the same: Fabianus papa. Marcellinus papa. Vrbanus papa. Zozimus. As Fabianus papa in his epistle Ad orientales. Mercellinus papa in his epistle Ad orientales. Also Vrbanus papa in. 25. q. 1. Sunt quidam. Zozimus papa in de statutis gentium. Where he saith that against the statutes and decrees of fathers, the see of Rome can neither make ne change nothing. Moche less against the scriptures and statutes of god. Damasus. Innocentius Damasus papa ad Aurelium Archiepiscopum▪ Innocentius papa in ca litteras. Beside these, other ancient authors confirm the same: as Basilius magnus in regula monachorum. Basilius. Beda. Isidorus. Beda in expositione epistolae Petri. Isidorus ca Simo is qui priest. With these agreeth as in one also these latter divines, Posteriores Theologi. Alexandre de Halys, Scotus, Occam, Richardus de media Villa, Albertus, jacobus de Lauzanna, Altissiodorensis, Franciscus de Maronis, Gerson, Durandus, Gabriel Biel, Herueus, Bernardus de Trilla, Antoninus Florentinus, joan. Lupus, and many more: which do plainly affirm, that no man can prove that the poop may dispense with other the law of nature, or the law of god. Wherefore it followeth well, that this being the law of god (as it hath been both well and plainly afore declared and proved) as me thinketh it is evident, it is easy both to perceive and believe: that sin it is thus grounded on the very law of god, it is also indispensible. Now than more over saying that this case is also determined as well by ancient authors as by general counsels, ye and holy pope's own confessions: and seeing also that all these doth agree both moderns and other, with the full consent of the most part of all the Universities & learned men at this hour within christendom, that this case is indispensible: me thinketh greatly that we ought (this matter being so evidently opened & declared) clearly & holy to believe this: and as true subjects to stick with our sovereign & prince, in this his just doing & laudable act. For (as me seemeth) it is a sinful & an unnatural all demeinour of subjects, what sinister labour so ever be made to the contrary, to misdeem their prince: that in so weighty a cause he would be seducid, and use affections. Which hitherto raining the xxiij year over us and more hath showed himself in all his doings but just indifferent & most upright. And I, for my part, The cause of the people's blindness. do rather arrecte this blindness of the people, more to ignoranci with a little to much lightness in credence to light folk, the which goeth about to seduce them: than to any other act of unnatural duty. For I think verily that there was never prince among us, that ever was better beloved, nor that hath deserved more to be. Wherefore now using the saying of saint Poule, Hortamuruos. 2. Corinth. 6. I do exhort you in our lord god, that you his subiectis do exonerat yourselves of all manner of grounds or occasions that might breed any unkindness in his heart toward you. And also his majesty (you with all due reverence so doing) to continue his well approved zeal and fervent love, always hitherto showed among you, to the intent aforesaid: which is that we may have, according to Christ's own words, one flock and one heed. THE LAVYERE. On my faith you have satisfied me both with great and many authorities, and (as me thinketh) also with invincible reasons. I pray god mine answers to your questions, may satisfy you as well and with as much truth: as yours hath done me. THE DIVINE. I doubt not but they shall, For your intent, as a man may judge, and your learning also, is of that integrity: that otherwise than truth can not succeed, so far as the law can say. Wherefore I pray you answer me first, to this question. Might this cause be hard and ware it a due course that it should be hard within this realm, as in the beginning of this matter me thought you said? THE LAVYERE. Sire, I not only affirm that it might be: but also I utterly protest, That this cause ought to be herd herewith in the realm/ & determined. that hit aught to be so. For as it was ordained in the counsel of nice, and likewise in other general counsels of the world, that every cause should be decided where it first began: even so this cause being first begun here in England, should likewise have been here in England determined. THE DIVINE. In my judgement ye speak reason: but how shall I know, that you speak law? For I here sometime in other cases, that law & reason differ: & good reason is not alway called law. THE LAVYERE. You say in some part well. For in deed all reason is not law: but this you may be sure of, that contrary to all reason is no law: though men sometime be otherwise borne in hand. And in this case conformably to reason, as I have begun to show you: it was provided and ordained in divers counsels, that none should be called out of the province. authority of counsels. Which counsels are & aught to be taken for laws established by the assent of all christian men: which must stand and take effect. THE DIVINE. Ye name the counsel of nice, and other also. Now I pray you, let us here how they speak herein: that we may be the more sure. THE LAVYER. First the Nycene counsel sayeth thus. The Nycene counsel. ca vi. The old and antycke custom let it be kept throughout Egypt, Lyby, & Penthapoly, so that the bishop of Alexandre have the power of them: for there is a like custom of the city of Rome. Likewise at Anteoche also, & other provincyes let their customs and privileges be kept within their churches. Look this be kept, Cap. v. that they which be excommunicate of their bishops: of none other be received to communion. Forsooth the power or confirmation thorough every Province shall pertain to the Metropolitan. Cap. iiii. By this it may well appear. that there is or aught to be a special jurisdiction or power within every province: in ecclesiastical observations & deciding of causes. But that this may be so much the more plain, you shall here what ysidoure sayeth to this purpose in the preface of the book of counsels. Isidorus in praefa. Hit is manifest (saith he there) that such things which chanceth throughout every province? that the Seen or counsel of the same province must order and dispense them: as it is plain to have been decreed and ordained by the Nicene counsel. It is red also (saith he) in an epistle of pope Innocence in this wise: Epistola Innocentij. If any trial of cause business or contention arise among clerks and lay men, or betwixt clerks of higher or lower degree: what so ever they be: it pleased and hath been ordained, that according to the Nycene counsel all the bishops of the same province be gathered together: and so the judgement of the cause to be finished & have his full end. Thus you see plain what is the mind of Nicene counsel herein: even so as we have brought it in for. THE DIVINE. But sire, sin that Isidoure sayeth that there be more chapters of the Nycene counsel than these which we have and be expressed commonly in the book, of the which he saith also that this is one: how is it that you have brounght us in here which is plainly contained there, to confirm this purpose? THE LAVYER. That have I done truly, because it maketh moche as seemeth me, and I have affirmed no more than may well be take of it. Now if it seem not so plain to you and other for this purpose: by that yet which is added of Innocence and Isidoure, it may well and fully appear, that this our purpose and position is plainly contained among the chapters of the Nycene counsel, if it were holy had: whether that be it or part of it, or no. The counsel Affricane to pope Boniface, moche maketh for the same. Yet to satisfy you and all other the more herein, you shall here how this is also proved and confirmed by the great counsel of Constantinople, wherein it is written thus: Conci. constantinopolianum. It is manifest and plain that throughout all and every province the provincial Seine or counsel ought to administer and govern all things there according to that is defined by Nycene counsel. Can you or any other think, but that this is a sufficient proof, that this is the very decree of Nycene counsel: except you will needs pretend ignorance, other else perversely deny both these authors and counsels general? More over the counsel Constantinopolitane agreeth here unto, where it sayeth thus. According to the canons, the bishop of Alexandre let him guide only those things the which be within Egypte. The bishops of the orient let them govern only the orient. etc. But if it chance them to be called out of their administration, let them not go: for other ordinances to be made, or for other dispensations ecclesiastical: but (as is tofore rehearsed) in every province the provincial Seine must order and govern all things, which be (as it is there understand) mere spiritual. Whereunto sayeth the history Tripertyte, Historia tripartita. li. 3. ca 7. that the fathers in the counsel of Constantinople defined, that if any cause arose within any province: it should be finished by the counsel of the same province. Conci. Calcedonense. The Calcedonense counsel draweth near after the same, where it determineth, that a cause should begin afore the own bishop: and from him to the counsel of the province. The same counsel decreed, that according to the father's rules twice in the year through out every province the bishops should come together: where every thing that came among them, should have his due correction and order. furthermore the epistle, which the African counsel sent to pope Celestine, Epistola conci. Affricani ad Celestinus papam. showeth well this purpose, and witnesseth also the Nicene decree: where thus it is written. The Nycene decrees most plainly hath committed both clerks of lower degree and also bishops to their own primates. For they most wisely ye and justly perceived, that all matters what so ever they were, ought to be finished & ended, where they were begun. They understood full well, that the grace of god will fail no province: by the which the right and equity may well and wisely be seen of the priests of Christ, and most fastly and constantly holden and fulfilled of them. Specially because it is given and granted to every man: tha● if he be grieved with the sentence of 〈◊〉 judges, to appeal to the counsel of hi●●●ouince, other else to the universal co●●●ell. Which lawfully can not be denied, but is approved by these words following in the said counsel. Except that there be any man, which believeth, that our lord god will rather inspire righteous judgement into a particular person/ than to a great number of virtuous and well disposed persons, gathered to gathers in counsel by his spirit and ordinance. For how can the judgements of be yond the see, be firm & stable, unto the which those persons, that be necessari, can not be brought/ either because of age, or for many other impediments? And as for that any Legates should be sent as from thy holiness side, we find it not ordained or decreed in any counsel of fathers. For in all the counsels, that we could find of Nycene, we could find no such thing. The vij counsel Carthaginense, and Melitane also saith well to the same in this manner. Conci. Carthaginense. 7. et Mileta. It hath pleased and is decreed, that priests, deacons, and other clerks of lower degree, if in their causes they complain of their bishops judgements: that the bishops which dwell by, here the cause: and such as shall be taken to the cause, by the consent of their bishops, let them finish all that is between them. But if they think meet to appeal, let them not appeal farther, than to the counsels within Affrycke, or to the primates of their own province. Who that would think that they ought to appeal beyond the sees, let them be take of none within Africa for christian men, or as any of their communion. Over and above all these, the counsel of Antioch decreeth in this manner. Conci. Anti ochenum. For ecclesiastical causes, controversies, business or matters, which ariseth, to be dissolved and eased: we have thought and decreed to suffice that thorough every province, a counsel of the bishops be had every year twice. The first to begin the third week after Easter, the second the first day of Octobre. And in these counsels must be present with them both priests and diacons, and all other, which feeleth themself aggrieved: so to tarry and abide the sentence of the counsel. Nother it may be lawful for any, to make these counsels within themself without the knowledge of their metropolitans: to whom it is certain that it is given and granted to give judgement of all causes. Beside these counsels Eginius the poop decreeth also, Eginius' papa. that if for overmuch farrenes, unmetenes of time or soreness of the way, it be grievous and painful to bring a cause to the see of Rome: that it be had to the primate. THE DIVINE. If these be so as ye allege them, and as I doubt nothing but that they be, it must needs be as ye have said: that this cause ought to be determined within this realm. For it is not possible that the pope may well dispense, immute or break these counsels. THE LAVYERE. You take it very well. For how may the bishop of Rome or any other primate, be so bold as to break the canons: the which every one of them voweth to keep? and solemnly professeth the same? If he should so do: The poop voweth and professeth to keep the Canons, & may not break the same. ware he not to be deposed, according to that the counsel Carthaginense decreeth? Who could think that one bishop might destrue the acts of so many holy fathers, made with their one assent, according to the profession of blessed Gregory? THE DIVINE. You speak cuyn as the thing itself would have you. Ne dimittas legem manis tuae. proverb. 1. For sin it is said by Solomon, Leave not or break not thy mother's law: who could think, that the church of Rome, which in deed is but a daughter of the church universal, might destroy the law of her mother? Doth not holy Poop Leo say with an open voice: That though there were now made a greater counsel, than was the Nicene: it might not derogate our four counsels. The poop ought to rule by the law of god and counsels: and can not dispense against the canons. Therefore the pope of Rome ought to rule the Church of Rome by the universal counsels and the law of god: and no wise the contrary. THE LAVYERE. soothly as ye say. Therefore he can not dispense against the canons. For who can dispense with himself? Or who can without fault break that he hath openly professed? Forsooth if he do against this his profession, he doth thereby depose himself/ as sayeth the counsel Carthaginense. THE DIVINE. And well worthy. For because (as sayeth our saviour Christ) the servant is not bigger than the master, nor the apostle or he that is sent bigger than he that sent him, sin that Christ came not to break the law but to fulfil the same: the pope of Rome can nothing do against the law of his mother the church universal: whose Canons he hath professed to keep with solemn vow, in the which vow he can not dispense with himself, neither any other can, sin he hath none superior in spirituality. THE LAVYERE. That such is the poops vow and open profession, besides other places, appeareth well by the counsels of Constance and basil, and by the book of bishops which is called diurnus: Iuo Epistola lx as showeth the great clerk Iuo in his epistle. Where he is erenest that the old traditions and customs ought not to be removed or broken by any private laws or new traditions. For against the statutes of the fathers the authority of the see of Rome can nothing do, ne change. with us (saith he there, which is pope Zozimus saying also) liveth and remaineth antiquity so rooted and fast grounded, that it will not away: Zozimus. to the which the decrees of fathers hath given and established such reverence. Wherefore the poops of Rome be or ought to be the keepers or maintainers and not the breakers of the holy canons. Thus sayeth Leo, thus sayeth Bonifacius, and thus sayeth poop Gelasius. Pope Celestine affirmeth, Celestinus papa. that he thinketh ill of the pope, ye the worst that can be: which thinketh that he may ordain any thing against the canons. THE DIVINE. The holy doctors and divines also agreeth well with this. Especial saint August. in the epistle Ad Glorium tofore rehearsed, is plain in this. Pope Zozimus (as ye know) is clear in it. Damasus papa. Hilarius. Pope Damasus, Hilarius with other will no breach or transgression of the canons without an inevitable necessity: the which (as they say) god forbid. Therefore (as sayeth Gerson) it is an exceeding and an unruly error of them: Gerson. the which sayeth that the deliberation or counsel of the pope weigheth above the deliberation of the church or counsel general. Or that affirmeth that the pope is not bound to follow the counsel and obey the same: except that he will. THE LAVYERE. certainly you come well to the purpose. For the holy counsel of Constance decreeth also the same, in these words. Conci. constantien. Every man of what so ever state or dignity that he be, ye though he be the pope: is bound to obey the general counsel: in these things which pertain to our christian faith, to the help and extirpation of a Schism, and generally to the reformation of the church of god: in the heed and in the membres. It decreeth moreover thus, who so ever, of what so ever state or dignity that he be, ye though he be pope himself: will disdain or refuse to obey the commandements statutes or ordinances of this counsel, or of any other general counsel, now made or hereafter to be made upon the premises, or such as pertain unto them: except he amend this fault, aught to be put to due penance and condingly punished: with recourse (if need shall be) to other helps of the laws. THE DIVINE. truly if this be thus as here you have well induced, as seemeth me, it can not be avoided, but that the Pope ought to conform himself to the canons and decrees of counsels, and not to dispense against them, and so much the less he may dispense with the law of god. THE LAVYER. That can no wise be denied. For between god's law & man's (saith Innocence, of whom we spoke before among other lawyers) there is so great a difference, No dispensation against the law of god. that against the law of god may never be dispensed: about man's laws may be had dispensation sometime: as necessity and utility shall require. THE DIVINE. Well said. But ye lawyers many times speak so erenestly for both parts/ and allege your glosees so thick: that men unlearned in that faculty/ can not tell whom to trust. And well I wot, that in this point some lawyers say nay. For if they agreed, all the matter should have been or this time done. THE LAVYERE. Truly this, as ye say, chanceth oft times among us lawyers, in deed. But not in that we be lawyers/ but in that we be men fascioninge our knowledge and opinion in law, as it may serve best for our purpose. And he is called but a slender advocate or proctor in law, that of one law & text or other, can not shape arguments fit for his clients' part. Herein is no default in the law, but in the abusers of the law. THE DIVINE. Marry of them that use themself thus, scripture sayeth in deed. Lacerata est lex, et non pervenit ad finem judicium Habacuc. 1. a. The law is lacerate and final judgement can not be had lawfully. So that this saying which followeth also, be it never so general of itself, may well most specially be applied to them to. Ois homo mendax. spal. C.xv. Every man is full of dying. But how shall I trust you than that you speak law to me in this great cause: rather than them that speak on the other side? THE LAVYERE. The authority of general counsels, and the very pope's own confessions sufficeth to that. Very natural reason also shall confirm that my saying to be true. For it is true that like as every private person in his case hath daily his doubt decided by the judges of his country, Apt comparison. and in the common law of the realm the matter is tried by the jury of that country, and in the pope's law no man shall be called two days journey out of his country: even so have princes in times passed according thereunto obtained sentences in like case. And if you will take the pain to look over and fully to consider, the general counsels, which I tofore rehearsed unto you: ye shall then find that not only it might, but also that it ought so to be. And reason (as I have showed) is hereunto conformable, that the cause should rather be hard and discussed, where it may be known plainly/ & every point duly ensearched & examined: than where all parties be ignorant in the matter, as at Rome. THE DIVINE. Why than doth the poop wrenge to enterprise to know of the matter at Rome? THE LAVYERE. So say the general counsels, so doth divers holy pope's confess, so saith the university of Parise, so saith the university of Orleans, so saith a great number of clerks in Italy, so saith all that be not led by affection to say on the other side. THE DIVI. You show so many counsels, pope's assents, great authorities, & also so plain definitions of so noble universities, which affirm your saying: that no man can but think it true that ye say. Wherein certes (as me thinketh) the authority of the general counsels and pope's own sayings giveth such faith to the cause: that it is unreasonable to be denied: specially considering and weyenge that also the universities say and express the same. Which of likelihood would not distain their honour and reputation in the world, with their great blame rebuke & just damnation of god and the world: in swerving fro the truth. I think therefore surely that you say true: and I marvel moche, that the pope agreeth not to that truth. THE LAVY. As to that I can not say. For it were an ill bird, that would defile his own nest. But nevertheless we see here a truth affirmed by many general counsels/ by many pope's, by many other authors, and also by noble universities, by so many great learned men: & the same is never the more followed, but the contrary thereof executed, (right not withstanding) against our prince & sovereign lord. Which pitieth mine heart, & all true subjects I think, within his realm. Nat doubting with god's grace but that neither he nor we will suffer so prejudicial an injury to be inferred to this realm, and so pernicious an example for all christendom. THE DIVI. That is surely so. Wherefore I doubt not (god assisting us) but that this his realm, will rather stick with him in this his manifest right/ according to their duty: Our duty and obedience we own to our prince. than put their necks under the yoke of the pope, or his, at pleasure laws. For god commandeth obedience to the prince, & so doth he not to the injuries of the pope: In what the poop is not to be obeyed. but willeth us rather to withstand them, as by divers texts and holy men's examples, it shall here after appear. God (saith saint bernard) commandeth us to do that is good, Bernardus. & to leave that is ill. Now if that man, whom he hath given peminence to & set him above us, would think to the contrary, & cause us other to leave that is good, or to cleave to that is ill & forbidden of god: there his commandment is boldly to be refused. For it is far out of order to break thine obedience thou owest to god, for thine obedience toward man. Wherefore saith saint Augustine. August. If he that is in power above thee, as to whom thou owest thine obedience, command the to do any thing, that thou oughtest not to do: there contemn and refuse his power. If he bid the do one thing, and god an other: obey god contemning him. If that man biddeth, god forbid: shall I (sayeth saint bernard) here man, and not here and obey god? Bernardus. Therefore (as sayeth holy Basile) if we be bid of any man to do that is contrary to the commandments of Christ: Basilius ma. there is high time for us to say, we be bound more to obey god than men. I boldly do affirm (sayeth blessed Simon de Cassia) that the vicar of Christ is not exempt from the precepts of the law of god, Simon de Cassia. neither can exempt any other fro the same: nor can give licence to sin or to do amiss. THE LAVYER. All this you speak here, is very well agreeing also, with the pope's own laws. For if his commandment (saith Innocence) contain heresy, Innocentius or bethought likely to trouble greatly the hole church, or that other ill should happen thereby: a man ought not to obey, though it be commanded under the pain of excommunication: in the which he falleth when that he obeyeth not. And if a man be excommunicate (saith Abbot) because he doth that is good, Abbas. or will not do that is ill: the sentence of excommunication is none. where excommunication is as none. And if the sentence of excommunication be manifestly unjust: it is as none. THE DIVINE. Thus the good archbishop of Canturbery Laurence successor of saint Austen, Laurentius Archiepiscopus Cantua. would for none entretee of the poop nor yet commination of cursing, assoil him whom he had rightfully accursed for the marrying of his mother in law. Sanctus Dunstanus. Likewise saint Dunstane would in no wise obey the pope, though he prayed him, monished him, and straightly commanded him to assoil the Earl, whom he had afore excommunicate for the marrying and retaining of his nigh kinswoman: until he had put her from him. For this same was evermore in his mouth, god forbid that for the cause of any mortal man. I should contemn the law of my lord god. Even so the good bishop Samson had rather abyed and suffer all perils of excommunication, Samson episcopus. than to do that he saw he might not do by the law of god. The noble clerk and good bishop of Lyncolne Roberte Grosthede also wroote unto the pope, Robertus Lincoln. which had made (as he knew well) an unlawful request unto him: that such enforcements he must needs say nay to, and rebel. Wherefore now if it fortune hereafter, that the poop or any other spiritual person would for sinister affection or increase of authority interdict, excommunicate, or send any inhibition to interrupt the iustenes of this cause, other else the dew proceeding in the same, according to the definitions afore: in that case (as me thinketh) both the king, his spiritual and lay subjects also, should manfully in god withstand them, and stick in their minds and deeds to the manful virtuous and holy saying of all the blessed apostles: which is, that we ought rather to obey god than men. And no doubt but that in our so doing we shall have like reward of the same our maker: as these holy men and blessed bishops had: with more, the which did follow the same steps. THE LAVYER. By my faith you speak to very good reason, but I can not say, that our law agreeth to this reason. THE DIVIN. No, I think that well. But the foundation and very stone, which you should ground your law upon, doth establish us, to condescend to the said reason. For the Church of god hath his foundation set upon a firm and steadfast stone of truth and faith: and not upon the mutable and wilful pleasure of Peter's successors. But your law doth so moche attribute to man (as modern glossers doth expone) that it would make man, which is but frail and caduke/ director, governor/ and as superior to the very word of god: which is (as the prophet sayeth) always permanent, what simple wit or slender faith would think or believe, that god in setting forth his laws and precepts, had (as a man would say) so unavisebly considered and commanded them, that any wise they should need of man's reformation, or that he did create man, to be superior to his word and will? Me thinketh verily that it is to great an arrogancy for man so to usurp upon his maker. Wherefore now let this pass: and answer me (I pray you) to an other question in law. THE LAVYER. What is that now? THE DIVINE. This same. If a man should common with you of the law, and ask you whether the decrees and decretals (which you among you do call laws) with the opinions of doctors, which writeth of them, be directed in their just execution merely and in all cases by truth or no: what would ye answer? THE LAVYERE. What would I answer? Marry this do I answer: that the law in his due course exercised, aught to be directed by truth only. THE DIVI. And what call ye truth? That? which appeareth in deed only: or that by report? And if by report, whether that which some men say & depose, is true: or only that all men say and holy agree unto, is true? THE LAVYER. If the deed do appear evidently, what is to be ta'en for truth. than it is greatly to be considered & weighed: and if not than it is to be referred to that which the ancient father's approved in law, or the assent of counsels general do say, and affirm to be true and law. And if (as in a rare case) it fortune some time that the truth can not be fully gathered or made plainly to appear, than judgements and opinions of doctors, sounding to reason so far as man's wit can comprehend, and not discrepant from god's law: be to be ensued & followed. THE DIVI. Herein may sometime fortune an error. THE LAVYER. That is truth. For in the justice of this world that is truth, which the laws receiveth for truth, and when the laws receiveth it, than it is as truth in the sight and judgement of men: though in the sight of god it be not so. God seeth all with his own eyes: & therefore his justice is most perfect/ & is directed always according to a most perfect truth. Man trusteth other men's eyes and tongues/ and sometime his own sensis, which may err: and therefore followeth and admitteth in stead of truth the likelihood of truth and the likelihood approved by the law. Whereupon it followeth that what the law calleth truth, is to be taken for a truth: until the contrary may evidently appear. For if man should never take for the truth: but only that the deeds showed of truth, there 〈◊〉 seldom appear truth to men 〈…〉 matters. The deed vanisheth 〈◊〉 passeth over, ne can be permanente 〈◊〉 testimony of the truth is preserved by the law: which willeth faith to be given to sufficient writings and sayings in that behalf. And if you require farther declaration hereof: me thinketh that it appeareth well in this example. Who can show the truth of his own lynadge or parentage, but by authority of the law, by which law witness proveth the marriage of the personages, and birth of the child upon the woman married? Whereupon the law concludeth the generation of the husband as father: whether it be so in deed or no. The lawful proof of holy knowledge And so it is in proof of the truth of carnal copulation and bodily knowledge. Wherein there is no witness commonly that depose of the very act, but only of the near circumstances preceding or following the act: as age of the two parties convenient and likely there unto/ with conversation in bed and other place at liberty for that act. Whereupon the law concludeth for a truth, the act of copulation to have ensued, & so in other cases of like fashion. THE DIVI. Why sir, if this be thus, as ye say: than shall it little avail the queen to allege, That the queens alleging to the contrary nothing availeth. that she was not known by prince Arthur. For sure I am, there be witness, & (as I have hard say) of the noblest men of this realm, that knew prince Arthure & the queen at the time of their marriage, and knew them both to be of competent age, feet apt & prone to that natural act: bedded together at sundry times, living at liberty, in one house being: no let or impediment in law why they should not, but many provocations of nature why they should accomplish their natural desire in that be half. THE LAVYER. I think the queen will never erenestly allege that matter: which hath not only no probabilite of truth/ but also that being proved, which you speak of: that is to say, the marriage, living, bedding, and conversation together of her and prince Arthure, a plain conclusion to the contrary. THE DIVINE. There be many more specialtes than these: that go near the matter. For some men of great house say/ and (as I am informed) depose upon their oath: that prince Arthur did report himself unto them, Prince Arthur's own reports. that he had carnally known her. And that at divers times, to some at one time/ to some at another: so that his sayings were many times reiterate. Which me thinketh giveth moche greater faith, in so much that it is not to be thought, that all these times he should speak for ostentation and boasting of himself only. For at some time of these it doth appear by attestation of credible folks, whereof some were his servants near about him at that time: that he spoke it for mere necessity, demanding and desiring drink incontinently upon his great labours, in the morning very early to quench his thirst: answering when the question was asked him, why sir and be ye now so dry? Marry if thou hadst been as osten in Spain this night as I have been: I think verily thou wouldest have been moche dryar. Another thing there is more, which hath a marvelous appearance in it to declare that she should be known by prince Arthure: and that is this. Incontinent after his death the name of a prince belonged to him that is now our sovereign lord and king, except his brother had children: & so without creation or any other solemnite straight way so to be called thereby. Which if it should not so have followed, should have been a mere injury illated by his father to him: without some other marvelous great consideration. So it was his brother being deed, upon suspicion that she had been with child, and being also certified by the prince's counsel, that they and she both thought the same: 〈…〉 for what cause the name of prince was differred our 〈◊〉. the name of prince was differred from our sovereign lord that now is by the space of a month & more, in which time it was likely the truth to be known. And so me thinketh there can be no more vehement nor almost a plainer trial of her to be known, than this: being with all well considered how well avisedly the noble king his father did always proceed in all his acts & deeds. Ye & a third there is also, whereby it can not be denied but that this her ostentation & affirmation is nothing true. And that now is evidently proved by an instrument called a brief, which she by herself or her proctor produced in public judgement before the Legates in her defence: because our sovereigns counsel found faults in the bull, which were sufficient in law (as lawyers do affirm) though the pope might dispense (as he may not indeed) to annihilate & fordo the marriage between the king and her. For where one of the faults, which the kings counsel found, was that after the death of prince Arthur, in suing for dispensation, the attained a bull/ whereof the suggestion was not true: Being in one place (as it was said) in the bull Forsan cognitam, as who sayeth, may fortune known. Which maketh a doubt of that thing, which she knew well enough before. And thereby it may well be conjectured, that she feared to tell the truth, lest that the pope, perceiving that she had been known by prince Arthoure, would never have dispensed with this latter marriage. Or else in deed if she had not be known, she needed not to have put in, these terms at all. And thereby amongs other things the kings counsel thought, that this bull was subrepticious and nought: because the true meaning of the supplication was not purely and truly declared in the same. She than fearing that by this fault and other, which were found in the said bull, she should fail of her purpose: did according as tofore is said, in her defence prohibit this brief: thinking thereby to take away all these doubtis, which were found in the bull, and specially that of Forsan cognitam. But in this (as scripture saith, obscurati sunt oculi eorum, Both her eyes & her counsels were blinded. For where they went about to hele some small soores, they opened a great wound: & in the brief confess cognitam, without Forsan: which is to say, that she was known without peraventure. How the brief which was purchased for faults in the bull manifestly showeth that she was known by prince Arthur. Which maketh (as me thinketh) to evident a proof, that she should be known by prince Arthure/ & so plainly showeth it that it can not be denied. For now if ye mark it well, it is confessed both by him & her: though she list to say now the contrary, & that in judgement. THE LAVYER. I marvel than, that men will yet doubt whether it be true or no: that the law approveth so for truth, where these probations appeareth so plain. THE DIVINE. I will tell you why. Because her grace saith herself, that she was not carnally known, and she saith that she knoweth it better than all the world beside. THE LAVYERE. It can not be denied, but that she knoweth it best of folk now living. But prince Arthur when he lived knew utterly as well as her grace. Who having no cause why at that time to say otherwise than the truth, she not denying at that time that same, said than the contrary of that the queen now allegeth, when it maketh most for her purpose so to say, being witness in her own cause and party for her own defence/ without any matter to justify her so saying: saving only her sole such allegation. One man's or woman's saying singular, be he or she of never such dignity authority prerogative or pre-eminence, How the queens saying can not prove. by the law shall not make faith in an other man's cause, which nothing appertaineth to him. Wherefore there can be no reason ne law to maintain that the queen in her own cause should have credit and be believed, or yet her saying regarded in that behalf. And assuredly to speak, it is impossible by due and lawful proof to prove true this her saying by herself in deed, at this hour: saying that she hath been known sins. And as for words, it is to open in law, that the husbands attestation making for the marriage is to be preferred to the woman's denial in that case. So that if there were no more but prince Arthur's own saying, the law willeth that credytte should be given to him & not to her. And if she would go about to prove it by records, it is to be considered, How unlikely should be her recordis testimony. that they which she would now bring to testify this, her not to be known: must be of those which were here present with her. Which were sent than purposely, rather to testify the contrary. For it was at that time the thing which her father & mother both most desired, to here of succession of their two bodies: and to understand that between them was carnal copulation. Whereby it may evidently appear (what so ever they now say) that they came than rather to approve the contrary, than that which she would bring them to testify now. For who can think that they which brought the daughter of their king to be married unto the son and heir of a king, would then seek for ways, whereby they might after prove, that she were not carnally known by him: that they brought her for? And I reckon that neither she nor eke her witness can make in this matter any due prove, admithable in law: seeing also that one of the parties is deed, who to make answer had as much interest, as she to deny it. THE DIVI. I know not your law, but me thinketh you speak reason: that we should take for the truth which is lawfully approved for truth, what so ever the party say to the contrary. Considering that truth (as ye have declared) dependeth upon the true approbation in the law, and not upon the bare demonstration of the act. THE LAVIER. You take it right. And therefore if my father & mother both would deny me to be their son: I shall (if I have laudable testimony) prove the contrary, all though they will never so earnestly both defend & maintain their denial: alleging that they know the truth better than all the world after, as they do in deed. But their knowledge helpeth not where no faith is to be given to them. And the question is not what they know: but what is to be believed. None to be believed in his own cause. A iuuene cupido credatur reddita virgo? And truly no man is to be believed in his own matter. And (as one said) may a man believe that a maiden accompanying with a young man of lust (being no let thereunto) shall return as she was a maiden? Meaning believe it who that would, for he would not. Prince Arthur's and the queens conversation together in bed and house, being both of lawful age, with these other probations tofore rehearsed, so clearly setteth forth the truth of carnal knowledge: that the queens asseveration to the contrary, nor yet her dissembling profess (if she have any) can blemish the same in any upright true or indifferent man's opinion. Wherefore I marvel that other she or any, that maketh pretence of love toward her, will allege or cause to be alleged so mere an unprovable excuse, in so high a cause. The doing whereof to my judgement hath greatly derogate both her & their credit: not only in this case, but in all other also. THE DIVIN. These things be so pythily spoken & set forth, that they can not be avoided. Wherefore sins the truth favoureth our princes cause so moche: let us his subjects than not omit neither our zeal ne yet our obedience to him according to our allegiance: nor our duty to god in assisting the truth, Our office and duty to god and our king. as is the part and office of a true christian man. For surely we ought by our allegiance to defend him and his doings against all maligners, both in words & deeds. For against maligners god himself exhorteth us by his prophet, when he sayeth. Be not desirous to follow the malignere. Beware maligners. Than sin we be forbidden to follow them in general terms and generally commanded to avoid them: much more he forbiddeth us in that is against our prince and sovereign. Principi populi tui non maledices. exo. 22. \ In cogitation tua regi ne detrahas. Ec. 10. Alas, what ingratitude, ye and that unnatural were in us, if we should other wise do? Or how could we will or desire of our prince that point of kindness, as toward us & our causes: which we refuse unto him ward? How might we desire of him not to be light in credit/ when he heareth complaint of us: when we be so light to believe all tales invented against him & his most righteous intent? Or how can we be so bold to desire his grace of his most high goodness & favour, and to assist us in our righteous causes: when we do not frankly assist him, ye & offer us to live and die in this his just cause & matter? THE LAVYER. Me thinketh, this matter toucheth us as much almost as him. Saving only his conscience. But as for the world, much more. For in his time no man can interrupt him: Our most loving princes true endeavour is much more for us than him. nor there is no business in title. But afterward if the order be not set by him or that he die: it is hard to say, how many shall repent it. Wherefore I think of both, it is more requisite for us than for him: to have this mattre at an honourable end. THE DIVINE. But how might that be? THE LAVYER. Marry I think that the way might be found well enough, if the hole heed & body of the parliament would set their wits and good wills unto it. For no doubt, but that it ought to be determined within this realm: as plainly enough it appeareth before. THE DIVINE. Surely you say well. For me thinketh, the succession of this realm, ought not to be ordered by forreins. For if it should, and we to accept the same: they were rulers and orderers of this realm, An abusion intolerable and not the king & his parliament. And than doubtless this realm were as evil in condition as slaves of Turks: which I pray god defend it fro. For saying that there is nothing to be determined but the fault of being known or not known, which I think is evidently enough proved already: there is no place so convenient to try the truth of that matter as this ●●alme. How the cause may have his end. Wherefore me thinketh the kings highness and his parliament should earnestly press the Metropolitans of this realm (there unjust oath made to the pope not withstanding) to set an end shortly in this. And to take a greater regard to the quieting of his grace's conscience and this realm: than to the ceremonies of the pope's law. For by god's law they be bound to the obedience of their prince, and to seek also the quietation and peacesablenes of this realm: which ought to be regarded more than any man's law. Which I trust they being of such sincerity as I take them of/ will not let to do when it shall be put to them, who so ever say nay: answering when need shall be according to their ancient and virtuous predecessors. Rather we ought to obey god than men. Magis oportet obedire deo q̄ hominibus. Act. v. Per oratio. And thus this little treatise shall make his end. praying the readers that if any thing be amiss in it, to arrecte it rather to lack of discretion than of good will. And though peradventure in opening of the cause some be indirectly touched, farther may hap than pleaseth them: we humbly desire them to reckon, that if we could have by our simple wits devised any other way so plainly and truly to have opened this cause: we would much rather have done it than thus. But in declaring the truth we mind to halt for no respect. Wherefore we pray them to hold us excused. And though peraventure that the wise man's proverb, The telling of truth breedeth oft displeasure, Veritas odi um parit. shall take effect in us: me mind not (and god before) to spare either to tell it, or with our lives to maintain it: seeing that Christ himself sayeth: I am the very truth, and eterne life. Which abideth them, Ego sum veritas & vita joan. 14. that follow the truth. And where as we think, that it is hardly possible for any man to indite or convey any work of such sort, that no man shall find a fault therein specially captious folk and maligners: against maligners and railing babblers. Which rather when they have found a right small fault, will go about to jest and rail on it/ ye though no fault at all, yet rather will so do of all that pleaseth them not, than to come to the remnant in the justification of the matter: we most entirely pray you loving readers, that if any such ye now or here after shall here of, which would contradict or again say this poor treatise of truth, not to give credence unto them, till they can prove the contrary hereof. And that soothly, not by their gests, their faces & cracks, which is all out of frame: but (as it ought truly) only by good scripture, good ancient authors, general counsels, virtuous and holy pope's own sayings, famous universities, and infinite clerks and learned men's opinions, concurring with old ancient customs and usages: and that sin our saviour Christ's own time, as we have declared in this our poor treatise all ready for our part. And an other thing there is also/ which we trust shall cause you to give the less credytte to who so ever would malign at this work, The sure pillars this work leaneth to. which is this. That this work standeth with virtue and cleanness. The which truth all the contrary part can not deny. And therefore it ought rather to be embraced. And doubtless the contrary thereof is vice and uncleanness, which ought utterly therefore to be despised. And this sure we are, that divers of the most reputed personages in learning, which taketh the the contrary part of that we do, have said to men of great credit: that if this matrimony were to be made, they would never condescend unto it, nor ever advise any man to attempt any such. Whereof we now gather, that they judged it nought: though for some respect now in this time they do cloak the contrary. For if it were good or lawful (as now they would make pretence it were) why should they have said, as tofore is rehearsed? And sins they have confessed so far: this urgent reason must keep them within the list which is this. That thing, which is once nought in god's law moral: can never be good, but by his only allowance: as most part of counsels general and good outhors do determine. Wherefore in this their so saying, we may well think, that they verily confessed the effect of this our treatise. Which if they now contrary in word or bede, or hereafter shall: can not be well taken in indifferent ears, but esteemed to proceed of to much lightness, or of suborning, or else of to great affection and cleaving to their own opinion. Wherefore, if they so do, we think, that little credit should be given unto them. And we doubt not, but that your minds and affections are such to your most loving prince: that now sin ye know them, such their sayings shall nothing hinder his well deserved estimation among you. And therefore eft soon we most heartily pray you gentle readers, that neither sinister affection, nor yet malicious report, do hinder the accepting of this our treatise in your hearts and judgements: otherwise than that if you had matters to do before our prince and his counsel, ye would they should do in your just petitions and causes. For you must remember that Christ commandeth us, to do as we would be done to. Where he willeth it of each to other among us all: will he not that most of all we observe 〈◊〉, ●●empst our most loving prince and sovereign No doubt but so willeth and commandeth our saviour Christ. In whom far ye well most gentle readers, ever to incline and favour most the truth. ¶ 〈…〉 CUM PRIVILEGIO.