A detection of sundrie foule errours, lies, sclaunders, corruptions, and other false dealinges, touching doctrine, and other matters vttered and practized by M.Iewel, in a booke lately by him set foorth entituled, a defence of the apologie. &c. By Thomas Harding doctor of diuinitie.

Fornication pounished in the Clergie.

But sir vnderstand you, what in the Canon Lawe is meant by depositiō?* 1.1 If ye think, it is nothing els, but a Priest to be remoued from his cure, for, so you take it: you are de∣ceiued. For it is a farre more greuous pounishment. Depo∣sition by the definition of the Canonistes, is a remouing of a Clerke from the ministerie of the Aulter for euer. Pa∣normitane by you alleged saith, that now a daies a Clerke is not deposed for simple fornication, as in olde time indistinctly he was deposed. As you finde in cap. A multis. Extra de aeta∣te & qualita ordinand. Yea (saith he) in olde time euery mortal sinne was thought worthy of Depositiō.* 1.2 By Panor∣mitane, a Priest cōmitting simple fornication, is pounished otherwise, then by Deposition, diuersly in diuers respectes. For the whiche you are referred to the chapter, At si Cle∣rici. Extra. De iudic. Where he treateth more fully of this mater, and as it were of purpose. There shal ye finde, how he is to be pounished.

* 1.3And here to saie somewhat therof for the better instru∣ction of the Reader, In the Canons of the Apostles it is plaine, and also in diuers other olde Canons, that, as for theafte, periurie, and other crimes, so for fornication, a Clerk, of what order so euer he were, should be deposed.

Deposition is of two sortes: the one, which is solemne, and with terrour, when not only by sentence, a Clerke is depriued of his holy Orders (though the character yet re∣maine, but vnprofitable to the executiō of holy Orders) but also in deede and actually his head is shauen, his sacred

ornamentes takē away, and then him selfe turned into laie apparel, as Cranmar, and Ridley were in Oxford. This kind of Deposition, is properly called Degradatio,* 1.4 which is not vsed, but when the offenders faulte is so great, that he is to be deliuered to the secular power, to be pounished,* 1.5 exe∣cuted, or to be walled vp for euer. The other kinde of Deposition is, which is done only by sentence without actual Degradation: and that is called properly Depositio, the whiche is here meant.

They that were thus by only sentēce, though not actual¦ly, deposed frō the Clergie for their notorious and outra∣gious offences, were greuously pounished. First, it was a great losse to lose their Orders, and dignitie of the Clergie. Then also they lost al their spiritual liuinges, and offices, and al priuileges of Clerkes. Besides this, they were with∣out al hope to be restored againe to the ministerie.* 1.6 And withal, they were condemned to some streight Cloister, there al their liues long to lamente, and bewaile their of∣fence, and so to doo penance:* 1.7 But they might receiue the blessed Sacramēt of the body of Christe, except they were stubborne, and would not obey the sentence.

But sometimes in the Canons, to be deposed, signifieth,* 1.8 to be depriued of Ecclesiastical liuinges, or to be suspen∣ded from execution of holy orders for a time. Howbeit, it is not oft so takē, but in the two significations aforesaid, for depositiō frō holy Orders by sentēce, or, for Degradatiō.

And no marueile though the old Canōs of the Apostles and decrees of auncient Fathers did so greuously pounish the Clergie for fornicatiō, theaft, periurie, and other mor∣tal sins. For in the primitiue Church, whē the Sūne of Iu∣stice was vp at mid day, and deuotiō hote, sin was so much

abhorred, and pounished, that to the very laie people that were Christians, seuen yeres penance was wonte to be enioined and decreed by the lawe for euery mortal sinne.* 1.9 But in processe of time, as the Deuotion and heate of Christian zeale decreased, and the multitude of sinnes, and sinners increased: so these streight pounishementes, and penances were mitigated. For as Pope Pelagius saith, Quamuis multa sint quae obseruari Canonicae iubet sublimita∣tis authoritas, tamen defectus nostri temporis, quo non solùm merita, sed corpora ipsa hominum defecerunt, districtionis il∣lius non patitur manere censuram. Although there be many thinges, whiche the high authoritie of the Canons com∣maundeth to be obserued, yet the defecte of our time is suche, in whiche not onely the merites, but also the very bodies of men be decaied, that it wil not beare the cen∣sure of that olde streightnes to continue in force. There∣fore al penance in secrete Confession was at length refer∣red to the arbitriment, and iudgement of the glostly Fa∣ther, who should consider the contrite harte of the sinner, and his weaknes, and other circunstances, and so enioine him suche penance, as he thought sufficient.

And also withal, this open pounishement of deposition for the open sinne of fornication in a Clerke, was in Con∣cilio Grangrensi changed into ten yeres penance to be per∣formed after a very streight, and austere māner and forme, as that Councel prescribeth. Which is so streight, that if it were obserued now adaies M. Iewel should haue no cause to cōplaine, that the Canons did fauourably, or to gently pounish fornication in the Clergie. But though euery man ought to doo the best he can to doo satisfaction, and to re∣pente of his sinnes before God: yet in the open gouerne∣ment,

and publike rule and policie of the world, the lawe must be such, and appoint such thinges, as may be obtei∣ned, and obserued of men, and as the people, and time bea∣reth: els it wil be quite contēned, and trodden doune, and be neuer a whit obserued.

The Ciuil lawe doth pounish adulterie with death,* 1.10 but we see the cōtrarie now euery where. Yea it can not be established now in many Countries, such is the state of the time, and people.* 1.11 Therfore if the later Canons doo not so seuerely pounish fornication in the Clergie, as the old Ca∣nons did: we must rather beare it, and lament it, then be offended with it, and reprehend it. For such is the state of the time and the worlde, that you maie rather wishe, then establish to any good effect, the rigour of the olde lawes, and statutes both in ciuil, and ecclesiastical rule. But you shal neuer proue, that the Churche winked at fornication in the clergie, or that it did not the best it could at al times, and now doth, to extirpate this vice in euery sorte and degree of menne, and especially in the Clergie, as farre, as possiblie it maie be, and no farther. For suche gouerne∣ment, as can not take place in common weales, we wil leaue to M. Iewel, and his companions, who go about with double brasen Canons, and not by ecclesiastical Ca∣nōs to reforme the world, as now in Fraunce it appeareth.

Looke and consider,* 1.12 what the Councel of Trent lately decreed against vicious and lewde Priestes, that defile them selues with wemen, and keepe concubines: and you shal wel perceiue, the Church doth al that maie be, as the time now serueth, to pounish and extirpate that foule faulte out of the Clergie, which your Bishoppes, and mi∣nisters in England maintaine openly, keping in the face

of the worlde their strompettes vnder the name of wiues, contrarie to their othes, vowes, and solemne professions made to God, and to the world: and yet are they not asha∣med, to laie the mainteinance of this vice to the Catho∣liques charge. Yea some of them be openly knowen, that wil not sticke to come from vnlawful beddes, yea from other mennes wiues, and like sad prophetes steppe into the pulpites, and there raile at the vnchaste life of Priestes, and Votaries, as they cal them.

Notes

• * 1.1

  Deposi∣tion what it is.
• * 1.2

  Distinct. 4 ca. erit aūt lex.
• * 1.3

  Canone Apost. 25. C. Maxi∣minianus. 81. dist. & alijs capi∣tibus eo tit. Deposi∣tion of tvvo sor∣tes.
• * 1.4

  Degrada∣tio.
• * 1.5

  C. Noui∣mus ext. de verb. signif. &c. 1. de hae∣reticis. li∣bro. 6. Deposi∣tio pro∣perly.
• * 1.6

  C. 1. cum 11. capit. seq. dist. 5••.
• * 1.7

  C. Sacer∣dos cum. c. seq. 81. dis.
• * 1.8

  Dicto Can. Apost. 25.
• * 1.9

  C. hoc ipsū 33. q. 2. &c. praedicā∣dum in Glosa. 22. q. 1. Distin. 34. C. frater∣nitatis. Ita decre∣tum est in Concilio Laodicēsi. Item in Carthagi∣nensi. 3. & in 8. syno∣do, vt in Gratiano .c. his qui cum 4. ca. ibi sequēt. 26. q. 7. &c. mensurā de poenitē. dist. 1. C. prasby∣ter. 82. dis.
• * 1.10

  L. Grac∣chus C. de adult.
• * 1.11

  Toto tit. de cohab. cler. et mu¦lier. extra.
• * 1.12

  Concil. Tri¦dēt. Sessio 25. c. 14. in decret. reformat.