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 ...

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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 ...
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[Imprinted at London :: By Richarde Iugge [and John Kingston], printer to the Queenes Maiestie,
[1567?]]
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Subject terms
Gardiner, Stephen, 1483?-1555. -- A traictise declaryng and plainly provyng, that the pretensed marriage of priestes, and professed persones, is no mariage, but altogether unlawful, and in all ages, and al countreies of Christendome, bothe forbidden, and also punyshed -- Controversial literature -- Early works to 1800.
Celibacy -- Church of England -- Early works to 1800.
Cite this Item
"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 ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A07116.0001.001. University of Michigan Library Digital Collections. Accessed May 2, 2024.

Pages

¶An expostulation with certaine of the Clergie. [ d]

Here I might ceasse of further excityng any other states of the common wealthe, to the consideration of equitie, and mode∣ration in this cause, if I feared not, that the reste of the Clergie, as yet vnspoken to, would be greeued to be passed ouer in silēce, as either neglected or contempned; by whose importunitie (as the

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[ a] common opinion goeth) or for whose gratification, as the deui∣sion of the common spoile, declareth at the eye: This sharpe seue∣ritie is exercised, and rigorous extremitie executed, in the maner of the late depriuations, although for my parte I can not, nor will not comprehende all the whole Clergie, vnder one note in this matter: beyng perswaded with my self, that thei maie bee considered in triplici differentia, that is, to bee of three sortes. Some for the brotherly pitie that is espied in theim, to bee onely spoken to, but with interpellation, with many for want of indif∣ferente affection, to bee expostulated with, but the moste parte so [ b] spitefully extreme, and cruell in their tragicall doynges, deser∣uyng neither gentle interpellation, nor frendly expostulation, but plaine accusation, and manifest condempnation. And though I maie be moued in myne owne persone, with the vnworthines of suche doynges, consideryng the case, as a cause of trueth, and a cause publike, touchyng all men in the Common wealthe, I truste to expende the matter, yet truly in it self, as well to winne the more credite of them, to whom I shall speake, as also to moue the parties in heuinesse, to quiete, and to reduce theim to a more reasonable temperaunce in them selues, not to be greeued with [ c] the whole, for the vnreasonablenes of a parte of the whole.

And as I must in this my writyng, desire them whiche be ad∣uaunced, or maie bee, by the depression of their brethren, to take indifferently that, whiche I shall speake confusedly, either here in this my appellation vnto them, or in the bodie of the booke fo∣lowyng, distributyng the waight and charge of my wordes, vp∣pon the saied three sortes of the Clergie, as of congruence thei maie bee seen worthie: so muste I also entreate hos fratres meos lugentes, that is, these my mournyng brethren, thus bereued from their spirituall children, daiely hearyng paruulos suos pe∣tentes [ d] panem, & non sit qui frangeret eis: that is, their little ones crauyng for breade, where no man is founde to breake it vnto them, I saie, I must request of them, not to be offended with me, though that I doe not entreate their cause more sharpely, and egarlie then I doe. For as I doe knowe, that to these persones, musica in luctu sit importuna narratio, mirthe in mournyng, is

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pastyme out of tyme: so the other maie chaunce to iudge more [ a] lightly of the weight of the cause, beyng so easely without galle examined, whereby peraduenture it shall leane obtusiores acu∣leos, more blunte prickes in your myndes whom it doeth con∣cerne. But lette them bothe yet remember, {quod} aliquando etiam holitor valde oportuna loquutus est: that sometyme the poore herbe seller, hath spoke well to the purpose. How soeuer it shalbe reputed, my minde was to doe good in the cause, whiche I take to be gods, and the common wealthes, without exasperating either parties, the one with to muche anger, the other with to muche heauinesse. My desire is, that thei who bee greeued in deede, and [ b] feele the smarte, maie retourne home into their hartes, and saie humbly to almightie God: Omnia quecun{que} fecisti nobis o do∣mine in vero iudicio fecisti, quia peccauimus & recessimus a te. Whatsoeuer thou hast doen vnto vs, O lorde, accordyng to thy right iudgemente haste thou doen all vnto vs, because we haue synned, and departed from thee. Not yet so muche for conscience in the facte it self, as for some euill circumstaunce, precedyng or folowyng the facte, partly knowen to God in the secrete of their hartes, partly perceiued to the eyes of the worlde, in their offen∣dyng. And yet notwithstandyng, vpon their meeke repentaunce, [ c] to accompt them selues inter (secundum deum) lugentes, quibus tandem retribuetur consolatio. Emōgest those, who (in the feare of God) doe mourne, who at the length shall receiue comforte. So againe would I wishe, that suche as for the successe that is growen to them, by this alteration, where others be cutte of, and thei graffed in, and so might be inter secundum mundum riden∣tes, qui iam gaudent & exultent, emongest them that after the worlde doe laugh: who now reioyce and triumphe, that yet, ne efferantur animo, sed timeant: potest enim deus denuo inserere illos, that thei be not pufte vp, but feare rather, for God can plāte [ d] them in againe: that thei take heede, Ne corda eorum grauentur crapula & ebrietate, & curis huius mundi: that their hartes bee not ouercome with surfettyng and dronkennes, and the cares of this worlde. And againe, euen so to confesse to God in their har∣tes, {quod} non propter mundiciem manuum suarum, propter aequi∣tatem

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[ a] cordium suorum, haec contigerunt illis, sed expendant, {quod} iudicium domini inscrutabile sit. Imo timeant potius, ne verum in illis aliquando possit videri: propter dolos posuisti eis, & de∣iecisti eos dum alleuarentur. That these thynges happened vnto them, for the clearnesse of their owne handes, or the vprightnes of their owne hartes, but rather let thē consider diligently, that the iudgement of the lorde is vnsearcheable, yea, let them rather feare, leaste that maie truely bee verified vpon them: For their craftie dealynges, hast thou made an ende of thē, and whilest thei were in the waie to prosperitie and honor, thou didst cleane ouer∣throwe [ b] them. And if thei will for their further contemplation, thei maie reade out the whole Psalme. And yet againe, not so to beholde their chaunce, as it is by aucthoritie fallen vnto them, to be proude of their possession: but rather to turne their meditation to expende their consciences by what meanes & mediations thei be crepte into their roumes, to make Christe a good answere. A∣mice, quomodò huc intrasti? Frende, how camest thou in hither? And againe, let them consider what purposes and intendemen∣tes bee in their heartes, to doe their offices, to walke, in what faieth, in what charitie: that at the laste thei make their finall an∣swere [ c] good, when God shall call them to an accompt, with redde rationem villicationis tuae, render an accompte of thy Steward∣ship: yea, let bothe the parties (as we all ought) haue this depely in remembraunce, {quod} mundus transit & concupiscentia eius, that the worlde passeth awaie, and the luste thereof. Vt qui gaudent, sint tanquā qui non gaudeant: & qui plorant, sint tanquā qui non plorant, preterit enī figura huius mūdi. That thei which reioyce, be as though thei reioyced not: and thei that lamente, as though thei lamented not, for the fashion of this worlde fleeteth awaie. And here I proteste before God, to all the realme, my mynde is [ d] not to haue any one man to misconceiue ought of the highest aucthorities in this matter. I would wishe for your owne sakes, that some other could so well bee discharged, I meane some cer∣taine, aswell of the Laie fee, as of the Clergie: Qui in hoc nego∣tio suum penitus negotium agunt: quae sua sunt querunt, nō que Iesu Christi, non que ecclesiae, non principis, non regni. That is,

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who in this matter, handle their owne businesse, seekyng their [ a] owne gaine, not Iesus Christes, not the Churches, not the prin∣ces, not the Realmes. And I appeale here to diuerse Spirituall ministers, and to all their adherentes and instigators, of whom some be bothe iudges and parties, and the thyng iudged, wonne to them selues, where thei seeme to haue it muche for their de∣fence, that there hath been no examples, that euer priestes ma∣ried, after order. What example haue thei in stories before time, that depriuations haue been thus handeled, before our daies? I will not speake of particular cases, where some men haue been depriued neuer conuicte, no, neuer called. Some called that were [ b] faste locked in prison, and yet neuerthelesse depriued immediat∣ly. Some depriued without the case of mariage after their or∣der. Some induced to resigne, vpon promise of pention, and the promise as yer neuer performed. Some so depriued, that thei were spoiled of their wages, for the whiche thei serued the halfe yere before, and not tenne daies before the receipte, sequestred from it. Some preuented from the halfe yeres receipt, after char∣ges of tenthes and subsidie paied: and yet not depriued sixe wee∣kes after. Some depriued of their receipte, somewhat afore the daie, with the whiche, their fruictes to the Queenes Maiestie [ c] should bee contented: and some yet in the like case chargeable hereafter (as I heare saie) if the Queenes mercifull grace be not informed thereof by mediation of some charitable sollicitour. But I saie without the compasse of all suche particular cases, what example haue thei in tymes paste, that their owne lawes, haue been thus executed, depriuations so spedelie, so headely, without warnyng, without election offered to be executed? Wée read, that Pope Pelagius the second, made this offer to the Sub∣deacons: that either thei should put awaie their wiues, or els if thei would retaine theim still, to forgoe their benifices. And [ d] for that thei thought neither nother reasonable, and would not agree to suche condition: the saied Pope in his anger, commaun∣ded by decree, that thei should bee diuorsed from their wiues, as Polidore writeth. Exemplo post homines natos importunissi∣mo. An example saieth he, moste insolent and damnable, that

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[ a] euer was seen since the firste man was borne. Whiche decree Gregorie the firste, nexte immediately followyng, thought to be very vnreasonable, and contrary to Christes precept, and there∣fore did eftsones release it. We reade in our Chronicles, and re∣cordes of Englishe proceadynges, how that Munkishe Archebi∣shop Dunston, thondered out yet neuer so boisterously, nor light∣ned so terriblie, to depriue the maried seculer Priestes in Win∣chester, Worcester, Elie, and suche other places, that he proceded flatlie to depriuation without conditions and respites offred, or without forme of iudgement graunted, though he had king Ed∣gar [ b] at those daies, in neuer so muche awe to doe what he lusted. And for redemption of his penaunce, for a little wantonnesse, made hym to stablishe no more but seuen and fourtie Abbeies, with further promise to make theim vp to the number of fiftie, to counteruaile cleane remission of the yere of Iubiley, howe able soeuer he was, to keepe hym seuen yeres from his Coro∣nation, as Fabian writeth, yet he restrained his abilitie in this case of the Priestes, how faine so euer he was to bryng in his Monkes in their places. For, we reade in a verie auncient writ∣ten storie, that in his firste summonynges to suche priestes, bothe [ c] awarded by particuler citacions, as also vttered in sinodall con∣ference, he vsed these verie wordes. Aut canonice (inquit) est vi∣uendum, aut de ecclesijs exeundum. Ether (saithe hee) muste ye liue accordyng to the canons, or els must ye go out of your chur∣ches. And then it followeth in the storie. Ex quo factum est, vt complurimi ecclesiarum clerici, dum contemnerent proposita conditione corrigi, authoritate pontificis sunt expulsi, & mo∣nachi introducti. Whereupon folowed, that, for that the clarkes of verie many churches refused, with that offred condition to be reformed, by aucthoritie of the Bishoppe thei were expulsed and [ d] Monkes there entered. That is to saie, as in Fabians chronicle, euill Priestes excluded and worse Mōkes receaued. When this was thus in doyng, the matter was presented to the Kyng & his Nobles, on the behalf of the Priestes, suing by supplication, that their matter might be heard. It foloweth in the storie. Dunsta∣nus ita{que}, hijs que rationabiliter postulabantur, contraire nolens

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coacto concilio, wintoniā venit. Vbi ex sententia totius concilij [ a] de aduersarijs victoriam cepit. Intererat tantae controuersiae, Bri∣thnodus sanctae Eliensis ecclesiae primus abbas, cū cetera religio∣sorum turba, auxilium de celo, non de terra, a deo, non ab homi∣nibus praestolabantur. Cum{que} inimici domini, ex iure nihil sibi superesse conspicerent, vsi auxilio regis & principum, ad preces se conuertunt, quibus ipsum flagitant quatenus intromissae per∣sonae de ecclesiis expellantur, expulsae restituantur. Dubitāte igi∣tur viro dei, nullū{que} ad rogata responsum porrigente, res mira & seculis inaudita cōtigit: Ecce corporis dūi forma ex lapide incisa vexillo crucis ifixa, at{que} ī editiore domus parte locata, humanos [ b] exprimens modos, oīm voces compescuit dicens. Absit hoc vt fiat, Absit hoc vt fiat, iudicastis benè, mutaretis non benè. Ad quam vocem rex omnes{que} maiores ferè vs{que} ad halationem spiri∣tus perterriti, clamore pariter & dei laudatione areā complēt. &c. That is to saie, Dunstan therefore, not mindyng to goe againste this petition, whiche was so reasonablie requested, gathered a Councell, and came to Winchester, where he had the victorie of the aduersaries, by the iudgement of the whole Councell. At the debatement of whiche greate controuersie, Brithnodus the firste Abbotte of Elie, was presente with all the other multitude of [ c] Monkes, and waited and looked for helpe from heauen, and not from the yearth, from God, and not of man. And when the ene∣mies of God, perceiued that there remained nothyng to them of right, hauyng the helpe of the Kyng and his Nobles, thei fell to supplication, wherein thei besought the Bishop, that the perso∣nes receiued in, might bee expelled out of their Churches, and that thei whiche were expelled, might bee restored. While this man of God was doubtyng, and musyng in hym self, and gaue no answere to the said request: a merueilous matter chaunced, that was neuer heard of before, will ye sée: The forme or Image [ d] of Christes bodie, grauen in stone, and nailed on a crosse, set vp in somewhat an higher parte of the house, expressed the voice of man, and putte them all to silence, that were present, and saied: God forbidde that this should bee doen, God forbidde that this should bee doen: ye haue iudged well, ye should doe ill to change

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[ a] it. At whiche voice, the Kyng and all the aunciente men there, were afraied almoste to death, and therevpon made the house to ryng, by their loude shoutyng, and praisyng of GOD. By this meanes (writeth Polidore) the Monkes retained the vniuste pos∣session, by the helpe of God, or rather (saieth he) by the helpe of man, and the Priestes put backe for that time. But yet thus was not the matter ended. An other Councell was holden at Win∣chester, and an other miracle there wrought, that is: the ioystes brake, and the plaunchers fell doune sodainlie, while the matter was in examination. But holie Dunstane and all his friendes [ b] escaped well enough: but verie many of the residue there slaine by that miracle. This was doen about the yere of our Lorde, ix. hundred fiftie nine. Thus the Priestes loste their Churches, but yet kepte still their wiues, till Hēry the firste his daies after the Conqueste. Wherevpon is coumpted in Fabian, that Priestes had wiues in Englande, by the space of a thousande yeres and adde, after Christes incarnatiō. But then Monkes wer in suche estimation, that Odo beyng Bishoppe of Winchester, and elec∣ted Archbishoppe of Canterburie, to take that See the more ho∣lolie, professed hym self firste a Monke, as in Polycronicon is [ c] rehearsed lib. vi. where Treuisa the translater, reproueth that fonde superstition, seyng that neither Christe, neither his Apo∣stles were Monkes or Friars, saith he. Yea, wée reade in storie, that Ihon the .xiij. Pope of Rome, graunted a decree, at the re∣quest of kyng Edgar, and by the instigation of the foresaid three Monkishe Bishoppes, vidz, Dunstan, Ethelwolde, & Oswold, that no secular Priest should be eligible to these Sees, but one∣ly professed Monkes, as by his decree appeareth. Thus we see in storie, that Dunstan, with the helpe and assistaunce of his twoo sworne brothren, Ethelwolde Bishop of Winchester, and Os∣wald [ d] Bishop of Worcester, all three verie Monkes, and there∣fore fauoured the multiplication of Monkes, did put it yet to the choise of the Priestes, whether thei would forsake their wiues, or their benefies: And also were contented to haue it reasoned, in presence of the Kyng and his nobles. And for no want of good matter, were wrought twoo notable miracles, to put it quite out

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of doubte. Beside all this, the stories make no mention of any se∣paration, [ a] that was made at that tyme: for Priestes had wiues til Anselmus daies, as is aforesaid, who was Archebishop of Can∣terburie, eight score yeres after: Of whose doynges Polidore writeth thus. Sed illud in primis non magis iustè quam piè egit, {quod} aliquos de religione malè meritos, aut contra fas ius{que} sacer∣dotia consequutos partim desecrandos, partim ipsis sacerdotijs priuandos decreuit. Verum cum bonam illorum partem postea poenituisset misericordia motus, pari studio apud pōtificem rem egit, vt ad pristinam dignitatem ritè restituti fuerint. that is. But this with the firste did the saied Anselme, bothe iustly and godly: [ b] that though he had decréed some certain, whiche had plaied euill partes in Religion, or that had gotten their benefices againste bothe lawe and right, some to be degraded, some to be depriued: yet when a greate number of them did repente them, afterwarde he was moued with mercie, and laboured diligētly to the bishop of Rome, that thei should bee restored again to their former rou∣mes and dignities. We reade furthermore by the record of Nau∣clerus storie writer, that whē that nicromancer Hildebrand, cal∣led Gregorie the vij. as heady as he was, & as extreme as he is re∣ported to be, did after long deliberation, put it euer to the election [ c] and choise of the priests, whether thei would chose. And ow im∣portune soeuer he was vpon Tharchebishop of Mogunce to exe∣cute his cōmaundement, yet perceiuyng saieth Nauclerus how lōg that custome had preuailed for priestes to liue with their wi∣ues: he vsed suche moderation to geue them half a yeres respite to aduise them selues, yea, a whole yere to waigh the matter, be∣fore he would require of thē, what thei would chose of this offer made vnto thē. But in thende, as Mattheus Parisiensis writeth. Anno dn̄i. 1074. Sacerdotes vxoratos a diuino officio amouit, nouo exēplo & vt multis visum est inconsiderato preuidicio, cō∣tra [ d] sanctorū patrū sententiam, & vt validius vxoratos sacerdotes puniat, laicis interdixit ne missas eorū audirent, decimas tiā de∣bitas, igne iussit concremari, that is: he remoued maried priestes frō ministratiō, vsyng therin a strāge exāple, & as many thought an inconsiderate preiudice, against the iudgemente of holy fa∣thers:

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[ a] and furthermore, for that he would vse more rigor against maried priestes, he forbadde that any laie man should heare their Masses: and decréed also, that their tithes due vnto them, should be set on fire, charitablie you may be sure. Of whiche holy father although D. Marten in his boke, speaketh muche goodnes by the witnesse of Platina? yet Sigibert, a storie writer, sheweth his holi∣nes full out: And one Beno, which was a Cardinall, in this said Pope his daies, and therfore, a more trustie witnesse for his eyes, then Platina for his eares, who folowed a good while after, recor∣deth how prodigiouse a man he was, in his wilfull doynges, all [ b] the tyme of his life, how spitefully he entreated Hēry themperor the .iiij. of that name. Thus master Chauncelour with your offi∣cers, and Councelers, ye see what examples the Priestes haue for the maner how they haue béen ordred before times, whē their predecessours had not half so good lawe besides gods lawe, nor so cleare light as thei haue at these daies. Vpon contemplation of your doynges so farre repugnaunt, whether I might vse in∣terpellation, expostulation, or accusatiō: I leaue it to your owne iudgement. I haue made the maior, let other men make the mi∣nor, and let your owne consciences conclude vp the argumente. [ c] But what shall I saie? Shall I saie as Barnard (saith) facitis hec quia potestis: sed vtrum etiam debeatis questio est. Shall I saie also with hym: Ad honorem quibus{que} suum, gradum{que} conser∣uandum positi estis, non inuidendum, ye do this saith he, because your power serueth to doe it, but whether you should doe it, there is the question. Ye bee placed in your offices to conserue euery man in his honour and degree, not to enuie theim thereof. But this I muste saie, for discharge of my conscience, yet I speake it to no persone by name, but to the walle, that where ye haue lear∣ned at Grammer schoole, a verse comprehendyng foure kindes [ d] of enormities, whiche crieth to God for vengeaunce. And exam∣ples we haue, how that the voice of euery one, singularly by thē selues, hath entered into the eares of the Lorde of Saboth.

Clamitat ad dominum vox sanguinis, vox Sodomorum: Vox oppressorum, merces detenta laborum. The verse is so terrible, I list not to rime it.

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The voice of bloud, the voice of Sodomites, the voice of the [ a] oppressed, and the voice of detained hier: how will it prouoke God, when all these voices bee ioyned together? Ecclesiasticus saieth, Panis egentium vita pauperum est, qui defraudat eum homo sanguinis est. The bread of the neadie, is the life of the poore, he whiche defraudeth hym of it, is a bloudie man. And fur∣ther, he that bereaueth a man of his bread deserued by his sweat, is as a man that slaieth his neighbour. And againe, the crie of the Sodomites and Gomoreans is multiplied, and their synne is ouermuche increased. The Lorde will not despise the praiers of the fatherlesse, nor yet the widowe, when her sigh onely spea∣keth [ b] vnto hym. If you would call to minde, what miserie is like to followe of these doynges, as well in respecte of the pouertie of the parties, what muste bee practised for liuyng sake, as also in their chastitie like to ensue, while suche as were broughte into the state, peraduenture for lecherie, and now goe out againe for couetousnesse, and how for extremitie of liuyng, some pretende a separation, and yet some tyme taketh either of theim the nexte at hande, till oportunitie serueth them selues. Some hauyng in déede a leude repentaunce of their owne choosyng, and haue thereby againe with good will, and lesse charge, an olde recourse [ c] to thrée or foure of other mennes. And some that for reteinyng still their newe fruited benefices, and fauourable alotted liuin∣ges, though by their olde wiues, thei maie haue newe children, yet shall not dare suffer any suche to come to lighte I saie, and name them their olde wiues. For though some of you be so bold to warraunte those women, that thei maie choose newe hus∣bandes, yet the wiser sorte doubteth to geue them that libertie, These matters I saie considered, if ye had hartes of ciuile men, or consciences of Christian men, ye would not thus ease suche in∣conueniences of mariages as thei bée, with so many vnspeake∣able [ d] mischiefes and abhominations, to winne the beste Bis∣shoprikes in Englande: for whiche thynges sake, God vndoub∣tedly must be prouoked to powre downe his wrath, come when it will, and light where it shall. Wher was your remembraūce, O fathers and brethren, to forget that godlie rule of that wor∣thie

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[ a] Bishoppe Ambrose, written to you that bee Diuines in his workes: repeated to you that be professors of law in your decrées

Iudicet ille, qui ad pronunciandū nullo odio, nulla offensione, nulla leuitate ducatur. Bonus iudex nihil ex arbitrio suo facit, & proposito domesticae voluntatis, sed iuxta leges & iura pro∣nunciat, statutis iuris obtemperat, non indulget propriae volun∣tati, nihil preparatum & meditatum de domo defert, sed sicut au∣diuit, ita iudicat, & sicut se habet natura, decernit. Obsequitur le∣gibus, non aduersatur, examinat causae merita, non mutat. Lette hym be a Iudge, that is ledde with no hatred to geue sentence, [ b] with no offence, with no lightnes. A good Iudge doeth nothyng after his owne will, nor after his owne mynde: but in geuyng sentence, foloweth the Lawes and Statutes, he submitteth his owne iudgemente, to the decrees of Lawe, he yeldeth nothyng to his owne priuate affection, he carieth neuer out of his house, any determinate iudgement, deuised and appoincted of hym self before hande, but as he heareth, so he iudgeth, and as the nature of the matter is, so he geueth sentence: he foloweth the lawe, and is not against it: he trieth what the cause deserueth, and he doth not chaunge it. But if ye had rather heare the sounde, out of [ c] Rome Churche, then out of Mediolan Churche, heare what Leo Bishoppe there, speaketh.

Licet non nunquam accidant quae in sacerdotalibus sint, repre∣hendenda personis, plus tamen erga corrigendos agat beneuo∣lentia quam seueritas, plus exhortatio quam comminatio, plus charitas quam potestas. Sed ab ijs qui quae sua sunt quaerunt, non quae Iesu Christi, facilè ab hac lege disceditur: & dum domi∣nari magis quam consulere subditis placet, honor infiat superbi∣am, & quod prouisum est ad concordiam, tendit ad noxam. Al∣though there chaunce many times, thinges worthie of blame in [ d] the persones of the priestes, yet let humanitie rather be ministe∣red in their correction, then seueritie: exhortation, rather then cō∣mination: charitie, rather then aucthoritie: but of suche as seeke their owne, and not Iesus Christ, this lawe and Canon is light∣ly transgressed. For while it better deliteth theim, to bee sterne lordes ouer their subiectes, then frendlie counsailours, their ho∣nour

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puffeth them vp into pride, so that, that thyng whiche was [ a] prouided for a quiete, is tourned to a mischief. And Eleutherius Pope, cuius ope Lucius rex Britanniae factus est Cristianus, de∣creuit īter caetera, neminem de suo gradu deici debere, nisi accu∣satus reus criminis conuinceretur: exemplo seruatoris, qui erro∣rē Iudae licet rei, nondum tamen conuicti, ita aequo animo tulit, vt quicquid interim egisset pro dignitate apostolatus, ratum fir∣mum{que} manserit: Prohibuit etiam ne absente eo quem accusator raeum facit, vlla in causa decerneretur. Hanc sententiam Damasus Papa cōfirmauit. Platna. Martinus in Chronicis. That is. Eleu∣therius Pope, by whose meanes Lucius kyng of Britain became [ b] Christened, he decreed emong other thinges, that no man should be put from his degree, vnlesse vpon his accusation, he were cō∣uinced to be giltie: folowing therein the example of our sauiour, who with so milde a mynde, bare with the wickednes of Iudas, who was giltie, so long as he was not conuicte, that whatsoeuer he did in the meane season, agreable with the dignitie of his Apo∣stleshippe, it stoode firme and sure. Yea, that Pope also forbadde, that in the absence of hym, whom the accusar would impeche to be giltie, there should o sentence of iudgement be geuen in any matter. The same saiyng hath Damasus the Pope confirmed. [ c] Platina. Martinus ī Chronicis. Whervpon chargeth Gregorie, that all Ecclesiasticall matters bée the more diligently and care∣fully considered, after long proofes and examinations, that ther∣by through the spirite of charitie and peace, all matter of slaun∣der, all presumption of enuious men, and all oppression of our poore brethren, be expelled out of the Churche. And as no man of the brotherhod would e glad, to be preiudiced by the iudgemēt of other: euen so let not hymself rashely doe to an other, that he would not haue doen to hym self. That sentence (saieth Calixt) whiche excludeth mercie. I require you brethren, neither to stand [ d] to it, nor yet once vouchsaffe to heare it, but flee from it: for mer∣cie is to be preferred, before all sacrifices and oblations. Oh (saith Cicero) satis est homines imprudentia lapso non erigere, vrgere vero iacentes aut precipitantes impellere, certè est inhumanum. Sed illudere etiam quos afflixeris, extrema improbitatis linea est

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[ a] It is enough not to lifte vp thē, whiche for lacke of takyng hede, haue caught a faule, but to thruste forwarde theim that runne headlong, and to treade vnder foote theim that are downe, that is surely muche vncurtesie: but to skorne them also, whom thou haste greuouslie harmed, that without all peraduenture, is the greatest villanie that can bee. And yet, let all this be spoken and meante, not as chargyng all that haue been executours of this sentence by office, that thei all without exception, should procede in extremitie of will and indignation: For euen emong thē hath there béen compassion perceiued, as farre as the pretence of their [ b] commission would beare them. Who remembryng them selues to beare about a bodie of like mettall, and subiecte to lawe, haue aduertised them selues, to expend the cause of other pressed with lawe, without extremitie sought of their owne hande: of whom no lesse hope is conceiued, but that as tyme and place will serue theim, thei will in spiritu charitatis, in a charitable spirite, bee myndfull to represse the rage of others, and to be sollicitours to saue, and not to destroie. Euen in like maner must charitie com∣pell men, not to iudge euill of many others of the Clergie beside: aswell for their indiffrencie, as also for their continencie, who by [ c] the secrete gift of Gods grace, whiche, in occulta interrogatione tentationis, i. in secrete discusmente of their temptation, (as S. Augustine writeth) is perceiued in theim selues, and by further assistaunce of the saied grace, neede not that remedie, that other were of conscience compelled to resort to: to which kinde of men no worse shalbee saied of me at this tyme, but that thei glorifie God, in the thankefull vse of their gifte, that thei dispise not the poore Publicans, confessyng their infirmities. Nam vnusquis{que} propriū donū habet a deo, alius quidam sic, alius autem sic. For euery man hath a peculiar gift geuen vnto him of God, some af∣ter [ d] one sorte, some after an other. And as the said S. Augustine saith. Qua equitate ille faciat alios sic, alios autē sic, homini nosse aut impossibile, aut omnino difficile est: & fortasse ideo latet, vt plus timeatur, & minus superbiatur. With what vpright indiffe∣rencie God hath endued some men, to be of this sorte, and some of an other, that is, either altogether impossible to bée knowen

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of man, or els verie harde: and perhaps it is therefore hidde, that [ a] men the more stande in awe, and lesse bee puffed vp with pride: And that thei heare againe what he admonisheth. Sectatores & sectatrices perpetuae continenciae & sacrae virginitatis admoneo, vt bonum suum ita preferant nuptijs, ne malum iudicent nupti∣as: ne{que} fallaciter sed planè veraciter ab apostolo dictū nouerint, qui dat nuptum benè facit, qui non dat, melius facit: & si accepe∣ris vxorem non peccasti, & si nupserit virgo, non peccauit. I ad∣monishe them that bee continuall folowers of continencie, and holie virginitie, bothe men and womē, that thei so preferre their good state vnto mariage, that thei iudge not mariage to be euil: [ b] and that thei knowe for a trueth, that the Apostle spake vnfai∣nedlie, and not deceiptfullie, when he said: He that bestoweth his virgine in mariage doeth well, but he that doeth not bestowe it, doeth better: And if thou take a wife, thou offendest not: and if a virgine marie, she synneth not. And with saincte Gregorie, Ita preeminere virginitatem coniungio sciant, vt tamen se su∣per coniuges non extollant, quatenus dum & virginitatem prae∣ferunt, & se postponunt, & illud non deserant, quod melius esse estimant & se custodiant, quo se inaniter non extollant, & ne su∣perioris ordinis celsitudine, se caeteris praeferant, cum ab inferio∣ribus [ c] quanta se melius agantur, non ignorant. That thei maie knowe, how virginitie doeth so excell mariage, that yet thei doe not extoll theim selues aboue the maried: so that while thei pre∣ferre virginitie, and bace them selues, thei neither forsake that whiche thei esteme to be better, and for all that kepe them selues so, as thei doe not vainlie exalte them selues, neither preferre thē selues to others, by reason of the excellencie of their higher state, knowing how greate thinges, are better doen of their inferiors. By whiche humilitie and charitie, thei should moue God, not onely to stablishe in them that, whiche he hath begunne, and to [ d] bryng it to good ende: But also further to graunte vnto theim, Ceteras virtutes verae virginitatis pedissequas, quae verè ornant ipsam virginitatem, & sine quibus ipsa virginitas vel in se mor∣tua est, vel etiam turpis Nam in hoc definita est virginitas, vt sit sancta & corpore & spiritu, vt adhereat deo abs{que} vlla distractio∣ne.

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[ a] i. other vertues, whiche as waityng maides folow virginitie, whiche in deede doe beautifie virginitie, and without the which virginitie her self either is as deade, either is scarce cleanlie. For herein is virginitie certainly described, that it bee holie bothe in bodie and spirite, that it cleane vnto God without any separati∣on. Suche as these bee, qui ita humiliter de se sentiant, vt supra caeteros se non extollant, that thinke so lowlie of theim selues, that thei extolle not them selues aboue others: for that thei bee, docti diuinitùs vt diligant inuicem, taught of God to loue one an other: Et quia charitas dei diffusa est in cordibus eorum per [ b] spiritum sanctum, qui datus est illis, and because the loue of God is powred into their hartes through the holy Ghoste, whiche is geuen to theim, thei néede no other impulsor to moue theim, no other sollicitour to insist vpon theim, to doe good in the tourne of their tyme. Illud scientes, {quod} vnusquis{que} quod fecerit boni, hoc reportabit a dn̄o. Knowyng this, that what good thyng soeuer any man doeth, the same shalbe rewarded at the Lordes hande.

But as for suche other, what name soeuer thei haue, that nei∣ther haue the true chastitie in deede, nor yet haue any zeale or de∣sire therto, & yet make moste boste therof, whiche of méere malice [ c] and peruerse will, rage as thei doe: either to satisfie their owne corrupte heartes, for lucre sake, or to flatter other, to wynne a thanke: I can pronounce them to bee no other, but those of whō S. Paule propheceth, should come in the latter daies, of whose conditions I shall reporte you a parte. Homines amantes sui, auari, fastuosi, superbi, maledici, ingrati, carentes affectu, calum∣niatores, intemperantes, immites, proditores, praecipites, inflati, habentes formam pietatis, sed qui vim eius abnegarint. &c. Men that shall stande highly in their owne conceipt, couetous, greate bosters, proude in them selues, with the hurte and contempte of [ d] other, cursed speakers and reporters, vnkinde and vnthankfull to them that haue doen them good, without affection of humani∣tie, quarellers and promoters, ritous in all intemperauncie, vnpitifull, more like furious beastes then men, betraiers of their frendes, rashe, doyng all thynges on head, blowen vp with per∣swasion of vanitie, pretendyng holinesse and good liuyng, but

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yet deniyng the vertue and truth thereof in effect. Suche be thei [ a] as can not abide the wholsome doctrine, seing their eares itcheth and glowe at the truthe, and therefore tourne them awaie from it, and betake them to lyes and fables. For the gorgious settyng for the whereof, thei call to them suche doctours and writers by heapes, as bee aunswerable to their lustes and filthie desires, to blinde the eyes of the vnlearned, coumptyng them selues greate clarkes and doctours of the lawe: But yet sainct Paule writeth, neither vnderstandyng what thei speake, nor what thei affirme: of whom in conclusion, the last parte of sainct Paules prophesie, shalbee fulfilled, howe finely so euer thei counterfete it out: Scz. [ b] quia resistunt veritati, homines mente corrupti, reprobi circa fi∣dem, non proficient amplius: siquidem amentia illorum manife∣sta erit omnibus. Because thei resiste the truthe, as thei bee men corrupte in harte and minde, and for that thei erre in the faithe, thei shall not preuaile at length, for their madnesse shalbee vtte∣red to all menne.

But as the number of good and sincere men hath béen alwaies the fewer: So at these daies maie we see, what swarmes there be of ignoraunt and wilfull men, of whom S. Paule maketh men∣tion, whiche haue their consciences marked as with an hote frō, [ c] dispisyng the institution of God. Duri praeceptores, as Origen saith: Qui non solum quae docent non faciant, sed etiam crudeli∣ter & sine misericordia, & non secundum existimationem viriū vniuscuius{que} audiētis: Sed maiora ipsa virtute ipsorum iniungūt vt putà qui prohibent nubere, & ab eo quod expedit, ad immo∣deratā immunditiā compellunt. Harde masters, as Origen saith, who not onelie leaue those thinges vndoen, which thei teach, but also inioigne cruelly, and without any mercie, greater thynges then theim selues bee able to beare: not accordyng to the expen∣ding of the strength of euery one of their auditours: namelie thei [ d] that doe forbid to marie, and compell them frō that, whiche is ex∣pedient for them, to vncleanes immoderate. Thei pretende to be louers of puritie, but yet be bonde slaues to all corruption. Quia polluta est & mens, & illorū conscientia, for both their minde and ōscience are poluted: of conscience thei doe not that whiche thei

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[ a] doe, faith S. Augustine. Sed hoc in hypocrisi, inimicitiarum cau∣sa facere denotantur corrupta mente, aliud scienes, aliud profi∣tentes. &c. Et quia sanctitatis & castimoniae amatores esse se si∣mulant, nuptias esse dicunt damnandas, vt per hoc commendē∣tur, & populum a veritate auertant. That thei doe, thei doe it in hypocrisie onely for enemities sake, of a corrupte mynde, know∣yng one thyng, and professyng an other. &c. And because thei would appeare to bee louers of holinesse, and chastitie, thei saie mariages be naught, so to winne a praise, and to tourne the peo∣ple from a truth. For that, thei be proude of their false righteous∣nes [ b] saieth sainct Gregorie, thei despise all others, thei wyll con∣descende to no mercie, in the infirmitie of their brother, but shew onely disdaine, and indignation. Against whom Chrisostome inueigheth sharplie, furibundi, nugaces, contentiosi qui ne{que} fa∣eiunt quae dicunt, ne{que} de quibus affirmant: in hoc vno tantum audaces quod Dogmata statuant, & Anathemata declarant ea quae maxime ignorant. Furious, vaine ianglers, contentiouse, whiche knoweth neither what thei saie, nor forseeth what thei do affirme. In this poynt onely wonderous bold, that thei make articles of the faith, and that thei award cursses and excommu∣nication, [ c] for suche thinges whereof thei bee ignoraunte. Hereof riseth it, saieth he, that we be but a iesting stocke to externe na∣tions, and to the enemies of our faith, and be reputed as though we had no maner regarde at all of honestie of lief. Multi sacerdo∣tes, saieth he, pauci sacerdotes. Multi nomine, pauci opere. Many priestes, but yet few priestes. Many in name, but fewe in worke. And yet these be thei, whiche must and will haue the highest roo∣mes in Synodes and Conuocations, whiche will not be iudged by their faith, but by their persones, contrary to Tertulians rule; ex personis probamus fidem, an ex fide personas? Doe wee al∣lowe [ d] the faieth by the persones, or the persones by the faieth? Thei professe to knowe God in worde, passyng all other: but by their doynges thei plainly deny hym. Yea, thei persecute hym in his members: thei persecute the faithe and doctrine that he hath lefte behinde hym. What though thei pretende to honour God, to honour his Prophetes, to reuerence his Apostles: Yet they hée

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no others then successours of the Pharisies, saieth Chrisostome: [ a] Prophetas quidem & Martyres colunt, filios autem Propheta∣rum & Martyrū, persequūtur. Mortuorum sanctorum cultores, & viuorū persequutores. Si autem martyres colunt, quasi qui ve∣ram confessi sunt fidem: quarè persequūtur eos qui fidem eorun∣dem Prophetarum & Martyrum confitētur. &c. Thei honor the Prophetes and Martires, but thei persecute the children of both Prophetes & Martires. Thei reuerence the sainctes that be dead, and persecute such sainctes as be a liue. If thei estéeme the Marti∣res, as who confessed the true faithe: why persecute thei theim, that professe the self same faithe, of those Prophetes and Marti∣res? [ b] And as Chrisostome perceiued it true in his tyme: so doeth holie Barnard cōplaine of it in his daies: Heu, heu, domine deus, quia ipsi sunt in persequutione tua primi, qui videntur in ecclesia tua primatum diligere, gerere principatum. Misera eorum con∣uersatio, plebis tuae miserabilis subuersio est. Copiosissimae siqui∣dem pietatis inueniuntur in accipiēda animarum cura, & de ani∣marum salute nouissima cogitatio est. And again, Paucos habe∣mus heu pastores, multos autem excommunicatores, & vtinam sufficeret vobis lana & lac, sititis enim sanguinem. Quapropter vae generationi huic, a fermēto Phariseorum quod est hypochri∣sis, [ c] si tamen hypochrisis dici debet, quae iam latere prae abundan∣tia non valet, & prae impudētia non quaerit: parum est nostris pa∣storibus quod non seruant nos, nisi & perdant. &c. ad Eugenium

Alas, alas, O Lorde God, saieth Barnard, thei be the firste in persecutyng thee, whiche be seen to loue the firste roomes in the Churche, and to chalenge the primacie. Their miserable con∣uersation, is the miserable ruine of thy people. Thei be of a very large deuotion to take cure of soules, but as for the healthe of soules, is furthest from their thought. Alacke fewe Pastours we haue, but many excommunicators, and would to God that the [ d] Wolle and the Milke would satisfie you, for you thirste bloude. Wherefore, wo to this generation, for their Pharisaicall leuen, which is hypocrisy, if at the least waie, it maie be called hypocri∣sie, whiche for the abundaunce thereof, cannot be hidden, and for impudēcie, seeketh not to be hidden. It is a small matter for our

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[ a] Pastours that thei doe not saue vs, except thei destroye vs. Thei bee ministers of Christe, saieth he, but thei serue Antichrist. Ho∣nourably thei go in the giftes of the lorde, but to geue the lorde his due honor, that thei will not. To haue glorious tables, saieth he, to eate and to drinke, to haue their purses full. &c. For these thynges desire thei to be, and so thei be, saieth he, in deede. Pro∣uostes of Colleges, Deanes, Archedeacons, Bishops and Arche∣bishops. To suche surely maie we impute it, we be in perpetual contention of doctrine, and neuer at a staie, to liue that wee be∣leue: and wee doe, saieth saincte Hierome, not for the loue of the [ b] truthe, but onely for the boste of glorie, to bee coumpted learned of theim that heare vs, or els by suche brutes wee followe, and hauke after our filthie gaine and lucre: These will be onely cal∣led the catholike members, and pillers of the Churche, and whō thei pronounce heretikes, so muste thei bee taken. But in the meane ceason, as Theophilact writeth, thei are but praecursores antichristi, & quia multiplicabitur iniquitas per imposturas an∣tichristi, exasperabuntur & efferi erunt homines, ita vt ne{que} cū familiarissimis seruent charitatis vinculum, sed mutuò se tra∣dent. Thei be forerunners of Antichrist, and because wickednes [ c] shalbee multiplied, by the subtell deceiptes of Antichriste, men shalbee made vengeable, and tourned out of kinde, to bee made brute, in suche wise, that thei shall not keepe the bonde of chari∣tie, no, not with their moste familiars, saieth he, but shal betraie one an other. What a Churche, saieth Hillarius, is this: that is terrible by imprisonyng of others, where the true Churche was imprisoned them selues: that will chase awaie the Priestes and Ministers, which would gladly haue liued in their naturall coū∣tries, without offendyng of Lawes, but yet for the quarrellyng captious extremitie, and ragyng of diuers, are compelled to cast [ d] theim selues to extreme perilles, as out lawes. I can not, saieth S. Hierome, by the searche of all stories that I haue reade, finde any other to haue deuided the Churche, or that haue seduced the people out of Goddes house, beside them whiche were set of God, as Priestes and Prophetes. These be thei, whiche be turned in∣to captious snares, and stumbling blockes in all places. Liuyng

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as Daniell Prophesied of theim in lustes, burnyng in concupi∣scentes [ a] of women, ragyng waues of the sea, and by manifeste fruites of their liues, fomyng out their owne shame: whiche ma∣ner of counterfettes, because thei of all men, can not abide to heare what thei deserue, especially of suche as thei will esteme me: I desire them to geue eare yet to saincte Paule, where he de∣sireth them: Omnis amarulentia, & tumor, & ira, & vociferatio, & maledicentia, tollatur a vobis cum omni malitia. Let all bit∣ternesse, and fearsnesse, and wrathe, and roryng, and cursed spea∣kyng be put awaie from you, with all maliciousnes. And yet for their further instruction, I will sende them to a sermon of sainct [ b] Augustines makyng, sent to the holie brethren, that liued in holy chaiste life in wildernesse: and chalenged de condigno, of iuste worthinesse, to haue the name emong the people. And leste thei might bee deceiued, to take one for an other, lette them beare in mynde, that the Sermon is the .xlvij. and not the .xxxvij. for this maketh not for them. For in this thei maie reade, that fornicatiō is farre more forbidden to a Prieste, then is mariage, and there should thei reade, that Priestes had somewhere wiues, and yet in suche an abstinence, as saincte Augustine writeth, that if these aforesaid chaste Prelates, went no ofter to their harlottes, then [ c] thei did to their wiues, their faire ladies would not bee halfe so glad, of the ouerthrowe of Priestes mariages as thei be. Well, that thei maie bee sure of that Sermon, I will tell theim how it beginneth by S. Augustine. Audite nonfratres charissimi, sed principes Sodomitarum, percipite auribus legem dei vestri po∣pulus Gomorrae. Audite, & auditum facite filijs vestris, O gens plena peccato, grauis īiquitate, semen nequàm, filij scelerati. Ec∣cè dereliquistis deū, blasphemastis sanctum Israel, & alienati estis retrorsum. A planta pedis, vs{que} ad verticem, non est in vobis sa∣nitas. Ideo terra vestra deserta, ciuitates vestrae succēduntur igni. [ d] Regionem vestram coram vobis alieni deuorant, & desolabitur ciuitas, sicut in vastitate hostili. Harken, O ye, not sweete bre∣thren, but Sodomiticall Princes, heare the lawe of your God, ye people of Gomorra, heare ye, and make knowen also vnto your children, O ye people loden with iniquitie, and full of synne, ye

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[ a] vngratious seede and abhominable children. Loe, ye haue forsa∣ken God, and blasphemed the holie one of Israell, and haue tur∣ned backe. From the sole of the foote, vnto the toppe of the head, there is no soundnes in you. Therefore is your lande become a wildernesse, your cities burned vp with fire: Your countrey doe straungers deuoure before your face, and your lande is laied waste, as with the enemies inuasion. And thus to make a shorte lesson, with you Latine men I will conclude, with a Latine Tu autem, and to all men in generall, thus will I saie: Qui nocet, noceat adhuc, & qui in sordibus est, sordescat adhuc, & qui iustus [ b] est, iustificetur adhuc, & sāctus sanctisicetur adhuc, vs{que} dum do∣minus venerit cito, & merces illius cum eo, vt reddat vnicui{que} vt opus illorum erit. He that doeth euill, let hym doe euill still: and he whiche is filthie, let hym be filthie still: and he that is rightu∣ous, let hym be more rightuous: and he that is holie, let hym bee more holie, vntill the Lorde come shortlie, and his rewarde is with hym, to render vnto euery man, accordyng as their deedes shalbe. Concludyng with the laste wordes in all scripture, Amen, etiam veni domine Iesu, So be it, euen so, come Lorde Iesu. Gratia domini nostri Iesu Christi, cum omnibus vobis. Amen. The grace of our Lorde Iesu Christ bée with you all. AMEN.

Notes

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