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1116 [1115]

K. Hen. 8. The aunsweres of Iohn Lambert to the Byshops Articles.

may clearely see, that MarginaliaCouncels may and doe erre.Councels do not alway dicerne with Christ but sometyme they may doe agaynst hym. And therefore sayd Dauid: Non sedi cum consilio vanitatis, & cum inique agentibus non introibo. Odiui Ecclesiam [illegible text], & cum impijs non sedebo: sed lauabo inter innocentes manus meas. &c. MarginaliaPsal. 26. I did not (quoth Dauid) sit with the assembly or Councell of vayne doers, or lyers, and I wil not go in amongest them that worke iniquitie: for I hate the conuocation of them, that are malicious or maligners, and amongst the wicked will not I sit: But I will wash my handes among innocentes. &c.

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Also, in an other Psalme he writeth thus: Dominus dissipat concilia gentium, reprobat concilia populorum, & concilia Principum: Concilium autem Domini, inæternū manet. &c. MarginaliaPsal. 33. The Lord (quoth he) doth destroy or annihilate the councell of the Gentiles, he reproueth the councels of the people, and of the rulers. But the councell or deuise of the Lord endureth euer, and the purpose of his mynde abydeth into the world of worlds. For that purpose doth S. Peter in the actes of the Apostles alledge this verse out of the Psalme: Quare fremuerunt gentes. &c. MarginaliaPsal. 2. Why did the Gētiles rage, and the people imagine vayne thynges. &c. Like vnto this is written Esay. 1. MarginaliaEsay. 1. Also you may see in the Coūcels of the Phariseis aboue shewed, þt one singulare person may sometyme MarginaliaSome one man sometyme may see more then a whole Councell. perceiue a thyng more then a generaltye or a multitude: for onely Gamaliel did see better what was behouable, then could all the other there congregate.

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Agreable vnto this we finde in the Decrees Dist. 31. where it is written Marginalia[illegible text] that the Councell of Nice, willyng to correct or amende the life of men of the Church, ordeined lawes called Canons or rules. And as they treated vppon such ordinaunces, some thought it expedient to bryng in a law that Byshops, Priestes, Deacons, and Subdeacons should not lye with their wiues, whom they had maryed afore they were consecrate into the order. MarginaliaThe story of Paphnutius in Nicene Councell. With that arose Paphnutius a Confessor of Christ, and gaynsayd it, testifying that Mariage was an honorable thyng: sayinge also, MarginaliaChastitie standeth not by singlenes of lyfe, but purenes of matrimonye. that it is chastitie for a man to lye with his owne proper wife. And so he perswaded the Councell that they should cōstitute no such law, affirmyng, that it was a sore matter, that they were mynded to do, which should be, either to the Priestes, or els to their wiues, an occasion of fornicatiō: and this was Paphnutius reason. The wordes of the Canon proceede thus.

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This declared Paphnutius, he neuer beyng maryed, nor hauyng experience of Mariage, & þe Councell commended his sentence, making no statute in this matter, but put it to euery mans free will and libertie, without any enforcement or necessitie. These wordes stand (as I haue recited them vnto you) written in the Decrees, albeit they are somwhat otherwise rehearsed In historia tripartita, as I haue shewed before in the fourth Article. Vpō this, that Paphnutius did thus resiste and preuaile agaynst all the other Councell, doth the Glose note in the same law: MarginaliaOne man hauing scripture wyth hym, is more to be beleued then a whole Councel without scripture that one singulare person may gaynesay, or speake agaynst an vniuersall generalitie hauyng a reasonable cause on his side. Suffrage also of the same haue we in Abbot Panormitane, where he sayth thus: I would (quoth he) rather beleue one lay person, bringyng for him authoritie of Scripture, thē an vniuersall Coūcell that ordeineth or defineth a thyng, without Scripture.

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Finally I say, that I neuer recounted them neither Saintes, ne deuils, but resigned the iudgement therof to God, neither haue I in earnest reported them the one, or the other. Neither haue done vnto them particular worshyp so farre forth, as I can remember.

MarginaliaTo the. 36. Article.
Whether euery generall councell representeth the vniuersall Church.
¶ In the xxxvj. where you do aske, whether I beleue hold, and affirme that euery generall Councell, & the Councell of Constaunce also do represent the vniuersall congregation or Church? I say that what such Councels do represent, I can not certainly tell, and therfore beleue neither yea, nor nay, neither can I therfore make any affirmation pro. & contra, with this demaund, or agaynst it: and no maruell. For I know of no Scripture to certifie me of the same, ne yet any sufficient reason. And me thinketh this (vnder correction I speake) that Councels might represent (albeit I know not whether they do or no) the vniuersall church, not being yet the same, as I wot well they neither are ne were: MarginaliaWhat is the Church. For the Church I do take for to be all those, that God hath chosen or predestinate to be inheritours of eternall blisse and saluation, whether they be temporall, or spirituall, kyng, or subiect, Bishop, or Deacon, father, or child, Grecian or Romaine. MarginaliaHe meaneth here the Church inuisible. And this Church spreadeth through the vniuersal world, where as any do call for helpe truly vpon the name of Christ: and there do they euer most grow and assemble commonly, where as his blessed word is purely and openly preached, and declared for that is the relief of mans soule, wherunto all men louing their soules health, lust to resort & seeke (as all thynges do naturally seeke after that, which should nourish and prolong their life) for in it is shewed, that righteousnes, which whosoeuer doth thirst after, and is an hungred for, shall come into the kyngdome of heauen. Of this may well the Prouerbe into þe Gospell (although it be applyed to the iudgement of God, when he shall appeare in the generall dōe 

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I.e., Judgement Day.

) be verified where soeuer is a dead carion, thether will soone be assembled Egels. MarginaliaLuke. 7. That is to wit, where soeuer is declared by the course of Scripture, the benefites and commodities graunted to vs by Christes death, thether will mē seeke and flye, to know how they may enioy & attaine them, which I beseech him to graunt vs. Amen.

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MarginaliaTo the 37. article.
Touching the authoritie of the Councell of Constance.
¶ In the xxxvij. where you do aske, whether I beleue that the same thyng, which the Councell of Constance representyng the vniuersall Church hath approued and doth approue for the maintenaunce of fayth and soules health, is to be approued, and holden of all Christen people: and that which the same Councell hath condemned and doth condemne to be contrary to faith and good maners, ought of the same Christen people to be beleued and affirmed for a thyng condemned? I say, that whatsoeuer the same Councell, or any other haue approued, beyng approbation or allowance worthy, is of all Christen people to be likewise approued, holden and allowed. And agayne, what soeuer the same or any other hath condemned, beyng reprofe and condēnation worthy, for bycause it is hurtfull to fayth, or good liuyng, I say, the same ought of all Christen people to be condemned & reproued. But this surmounteth my knowledge, to discerne, in what wise their iudgement passed: whether with right, or vnright, for because I neuer looked vpon their Actes, neither do I greatly couet for to do: wherfore I referre the determination to thē, that haue better aduised their doyngs, and therby haue some more skill in them, then I.

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MarginaliaTo the. 38. article. In the xxxviij. you demaunde, whether the condemnations of Iohn Wickleffe, Iohn Hus, and of Hierome of Prage, done vpon their persons, bookes, and documentes, by the holy generall Councell of Constance, were duely and rightfully done, and so for such, of euery Catholicke person, whether they are to be holden and surely to be affirmed? I aunswere, that it passeth my knowledge, and I can not tell: thinkyng surely, þt though I am ignoraunt of the same, so that I cā not discusse the thing determinatly, yet my Christendome shalbe therfore neuer the lesse, and that I and all Christen men may well suspend our sentence beyng thereof ignoraunt, affirming neither the one, ne the other, neither yea, nor nay.

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MarginaliaTo the. 39. article. In the xxxix. you aske whether I beleue hold, & affirme that Iohn Wickleffe of England, Iohn Hus of Boheme, and Hierome of Prage, were heretickes, and for heretickes to be named, and their bookes and doctrines to haue ben and now be peruerse, for the which bookes & pertinacitie of their persons, they are condemned by the holy Councell of Constance for heretickes? I say, that I know not determinately whether they be heretickes or no, ne whether their bokes be erroneous or no, ne whether they ought to be called heretickes or no.

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MarginaliaTo the 40. article.¶ In the. xl. where you aske, whether I beleue and affirme, that it is not lawful in any case, to sweare? I say, that I neither so do beleue, ne affirme, ne neuer did.

MarginaliaTo the 41. article.¶ In the. xlj. where you aske, whether I beleue, that it is lawfull at the commaundemēt of a iudge, to make an othe to say the truth, or any other othe in a case conuenient, and that also for Purgation of infamy? MarginaliaAn oth before a iudge in a cause conuenient is lawful. I aunswere, that I neuer sayd the contrary: but that I thinke and haue thought it lawful to giue an othe afore a iudge, to say the truth, if the iudge so require, and that by request lawfull and conueniēt. As when a thyng is in controuersie betwixt two persons, and thereupon they sue MarginaliaHow an oth ought to be required of a iudge, and how it may be geuen before a iudge. vnto a iudge for sentence, when the iudge can none otherwise boult out the truth, he may require an othe. As when the two women, which contended before Salomon, to auoyde the crime of murther, whiche the one had committed in oppressyng her child to death, and would haue put the same vpon the other, if Salomon could not by his wisedome otherwise haue inuestigated the truth, he might (I suppose) for to come by the more certaine information of the thyng, haue caused one of them or both, seyng it expedient for him, to sweare, wherein the women had bene bounde to obey him. MarginaliaOuer much vse of othes in Courtes reprehended.
Iudges must be spare and warye in requiring othes.
But Iudges had neede to be spare in requiryng of othes: For in customable or oft Iuries, creepeth in alway betwixt tymes some periury, as sheweth Chrisostome in wordes semblable to these, and thynges precious, thorough oft haunt or occupying, loseth their estimation. MarginaliaWhere many othes be there is some periury And so reuerent othes vnaduisedly required for euery trifle vsually, do cause men to regarde litle for makyng of them, yea, and I feare, to breake them.

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Therfore in Almaine, they haue made of late (as I haue heared say by credible persōs which haue come from thence) many notable ordinances for þe common wealth wtin a while, and amongest other this is one: If a man be set for to enter

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