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.

Iewel. Pag. 360.

Likevvise it is noted in the Glose vpon the constitutions of Otho Bonus: Videtur quòd crimē meretricij Ecclesia sub dissimulatione tra∣sire debeat. It semeth, that the Church ought to passe ouer the crime of vvhooredom vnder dissimulatiō (and not to see it). In vvhich Glose ye shal finde these vvordes, Si non castè, tamen cautè: If ye doo it not chastely, yet doo it charily.

Harding.

You mistake your marke M. Iewel naming Otho Bo∣nus, for Otho. They were diuers menne, as you might

haue sene in the Constitutions, that you allege: where∣in your skil in the Canon lawe appeareth. If you had laid forth the place wholly, as true and vpright dealing re∣quireth, it should soone haue appeared, vpon how smal a matter you pike so great a quarrel. Thus it is. Iohan∣nes de Athon, who wrote the Glose vpon the Constitu∣tions Legatine of Otho, hauing declared how a Clerke (by which worde is not meant onely a Priest, as you al∣waies interprete, but any that is within Orders, be they the lesser, or the greater) is to be pounished for hauing a Concubine, at length after his manner demaundeth this question. Sed quid dices de punitione ipsarum Concubina∣rum, si ad suam excusationem coram Iudice ecclesiastico se as∣serant publicas Meretrices quaestu corporis viuentes? But what wilt thou saie of the pounishment of the Concu∣bines them selues, if for their excuse they saie before the ecclesiastical Iudge, that they are common whoores ly∣uing by the gaine of that filthy seruice of their body?

Now immediatly there foloweth the answer, which M. Iewel bringeth against the Canonistes, not with∣out a litle point of falsifying by nipping awaie this word, Hoc, an ordinarie marke of his workemanship.* 1.1 Videtur quòd Hoc crimen Meretricij sub dissimulatione transire de∣beat Ecclesia. It seemeth, that the Churche ought to passe ouer this Crime of whooredome vnder dissimu∣lation, that is to saie, to dissemble it. The cause why the Churche ought to dissemble this crime in suche wemen as professe publique whooredom, whiche the author of that Glose saith not precisely, but speaketh it as an opinion, and as a thing that seemed to some menne reasonable, I had rather M. Iewel heard it of an other

man, then of me. Certainely he maie iudge, it is not altogether without cause, that al Christendome ouer, whereas al other wemen be pounished for the sinne of the flesh, onely the common and publique whoores be let alone vnder dissimulation. Yet it argueth not, that simple fornication is made no sinne. If M. Iewel would haue read further in that Glose, he should haue founde these expresse wordes, by whiche the Canonistes are cleered, and he further charged with a false sclaunder. Dic tamen quòd hoc peccatum prosequi debet Ecclesia vt mortale.* 1.2 Yet saie thou (by whiche wordes he signifieth his owne opinion) that the Church ought to pursue this sinne,* 1.3 as deadly sinne. Whereof it foloweth, that con∣tinuing in suche life, they might not be admitted to the Sacramentes of holy Church.

As for those other wordes, whiche we finde in the Glose, Si non castè, tamen cautè, they are there rehersed, as a common saying, not as a rule, or a precepte of the Canon Lawe, neither perteine they to clerkes, more then to the laie sorte. The circumstance of the place considered and weighed, al thinges maie seme there to be wel, and discretely said. Of two that committe For∣nication, he doth lesse euil, that dooth it secretely, then the other, that doth it openly. For the open fornicatour increaseth the offence by his il example, by the offence the people take of it, and by the contempte of his owne fame and good name. Of suche a one it is said there out of the Lawe, quòd famae suae prodigus, etiam quoad homines suspensus est, licet occulta fornicatio quoad Deum, turbet bo∣nam conscientiam, that being a recheles loser of his owne fame, he is suspended also as concerning the estimation

of menne, although the pryuie Fornication doo trouble a good conscience, as touching God.

So then if it be an il thing a man to be suspended a∣mong menne, and to lose the fame of his honestie,* 1.4 if he be accompted cruel, and desperate, that careth not for his good name, if it be dangerous to the soule also, to pro∣uoke others to offend by il example, al these euilles fo∣lowing the publique, and open fornicatour, though se∣crete fornication ought also hartily to greeue and vexe the conscience before God: how shal not that vulgare saying seeme to geue good counsel, Si non castè, tamen cautè, whereby a man is not animated at al to doo il, but (if he hap to do his vncleane lust,* 1.5 or wil not be staid from it) is admonished to doo it charily, though not chastly. And if there were any il meaning in this vulgare saying, as there is not, though it maie be abused to cast some sha∣dow vpon euil lyuers, the iudgement of the Canonistes were not to be reproued thereof, but the custome of the worlde, from whence it proceeded.

Notes

• * 1.1

  Hoc nip••e avvaie by M. Ievv. a vvorde of impor∣tant si••ui∣fication.
• * 1.2

  Ibidem.
• * 1.3

  Vnde illud vulgare, Si non ca∣stè, tamen cautè.
• * 1.4

  Crudelis est, qui fa∣mam con∣temnit.
• * 1.5

  If not chastely, yet chari∣ly.