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1369 [1369]

K. Henry. 8. Allegations agaynst the vj. Articles. Priestes Mariage.

Nicolas also is author of the next decree that foloweth &c.

MarginaliaObiection aunswered.Wherfore if any shall obiect hereafter, that because Gracian in the Distinction aforesayd, nameth Pope Nicolas absolutely without any addition, it is therefore to bee taken for Nicolas the first: vnto this obiection I set here these two lawyers to aūswere. Vnto whose aūswere this I adde also, that the common maner of Gracian lightly in all hys Distinctions is, that when he speaketh of Popes, as of Innocentius, Gregorius, Leo, Lucius, and such other, very seldome hee expresseth the differēce of their names. So in the Dist. 28. Presbyteris, where hee bryngeth in the Decree of Pope Calixtus in lyke maner agaynst the Matrimony of Priestes, Deacons, and Subdeacōs, he addeth therto no discrepance of hys name: and yet all the worlde knoweth that this was Calixtus the 2. & not þe first. &c. But whether hee were or no, the matter forceth not much. The letters (no doubt) by their title, appeare to be writtē by Volusianus. Most certeine this is, by whō so euer they were written, fruitfull Epistles they are, and effectuall to the purpose.

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But lest we shall seeme to much to digresse frō our purpose, let vs returne to the story & tyme of Nicolas the second agayne, whiche was about the yeare, as is sayd, 1060. a litle before Hildebrand was Pope. Which Hildebrād, albeit he was thē but a Cardinall, yet was he the whole doer of all thynges, & concluded what hym lysted in the Churche of Rome, & also made Popes, whom he would, as appeared both by this Nicolas, and also Pope Alexander whiche folowed hym. MarginaliaRead afore pag. 219.pag. 219. So that this dissolution of Priestes Mariage began somewhat to kyndle vnder this Pope Nicolas, through þe pestilent meanes of Hildebrand, MarginaliaThe tyme examined of this Volusianus Epistle to Pope Nicolas.and after him increased more vnder Pope Alexander, as appeareth by þe Synode holdē at Millane an. 1067. but most of all, it burst out vnder the sayd Hildebrand him selfe beyng Pope, the yeare (as is sayd) 1076 

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The synod of Milan was actually held in 1059, not 1067.

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Although, as touchyng this prohibition of Priestes to be maryed, I am not ignoraunt, that certeyne of the contrary faction, in searchyng out the reache and antiquitie of this tradition for Priestes to absteyne from wyues, do referre the same to the tyme of the seconde Councell of Carthage, whiche was about the tyme of Pope Syritius, a great enemy to ministers wyues, as appeareth Dist. 84. Cum præterito. MarginaliaDist. 84. cap. Cū præterito.Yet notwithstandyng, to the same may be aunswered that this was no vniuersall or generall Councell, but some particular Synode, and therefore of no such great forceable authoritye.

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MarginaliaConciliū Cartbag. 2. Can. 2.2. Secondly, the same Synode beyng about the tyme of Pope Syritius, who was a capitall enemy agaynst priestes mariage, may seme to drawe some corruption of the tyme then present.

3. Thirdly, neither is it vnpossible, but as dyuers bastard Epistles haue bene falsely fathered vpon certein auncient Byshops of the primitiue Churche, and diuers Canons also (as of the Councell of Nyce) haue ben corrupted by Byshops of Rome so some falsehode lykewise or forgery might be vsed in this second Councell of Carthage.

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4. Fourthlye, although no false conueyance had ben vsed therein, yet forsomuch as the sayd Canon of this second Coūcell of Carthage doth misreporte and falsifie the Canons of the Apostles, in so doyng it doth iustly diminishe hys owne credite.

5. Fiftlye, seyng the foresayd Canon of this second Councell of Carthage tendeth cleane contrary to the Canons of the Apostles, to the Councell of Gangra, and other Councels mo, and commaūdeth that, whiche they do accurse, the authoritie therof ought to haue no great force, but rather may be reiected.

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MarginaliaPriestes & byshops maried longe after the 2. Councell of Carthage.6. Finally, though this constitution of the Councell of Carthage were perfectly sounde without all corruption, yet playne & euident it is by this Volusianus, Bishop also of Carthage, that the same constitution toke no great hold in the Churche, for somuch as we see, that both this Volusianus was maryed after that in Carthage hym self, and also besides hym many hūdreth yeares after, mariage was a common matter through most Churches of Christendome, amongest Byshops and Priestes, as partly before hath bene declared. And more may be sene in hystories, what great tumultes & busines was long after that in Hildebrādes time, and after hym also, among the Clergymen, both in Italy, Spayne, Fraunce, and in all quarters of Christēdome, for separating Priestes from their liberty of marying.

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And agayne, if this tradition concernyng the vnmaryed lyfe of Priestes had stand vppon such an old foundation from the 2. Councell of Carthage (as they pretend) what neded then in the time of Pope Nicolas 2. Pope Alexander 2. Pope Gregorye. 7. and of other Popes after them, so much labour to be taken, so many lawes and decrees to bee deuised and enacted for the abolyshyng of Priestes mariage, if the same had bene of such a long antiquitie as they would make mē beleue?

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MarginaliaThe general law forbidding priestes to marie, whē it first beganne.By these 

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Foxe is drawing this material on Leo IX, including the source citations from John Bale, Scriptorum Illustrium maioris Brytanniae Catalogus (Basel, 1557), p. 148.

thynges considered it may appeare, that this distraction of Priestes mariage by publicke law compellyng them to single lyfe, was neuer receiued for a full law generally to be obserued in the Churche of Rome, but onely since the begynnyng of Hildebrand, that is, since these v. hundreth yeares.

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About whiche tyme first is to bee noted, that vnder Pope Leo and this Pope Nicolas, Cranzius and certeyne Germaine Chronicles do say, that Symony and Priestes Mariage were prohibited. This Pope Leo was. an. 1051.

After hym Pope 

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Foxe is drawing this material on Nicholas II from John Bale, Scriptorum Illustrium maioris Brytanniae Catalogus (Basel, 1557), pp. 155-56.

Nicolas (to whom the foresayd letter of Volusianus semeth to be written) made this ordinance: Vt null9 Missam audiat præsbyteri, quē scit cōcubinā indubitāter habere, aut subintroductam mulierē. Et mox: Quicunq; sacerdotū, Diaconorū, Subdiaconorū, post cōstitutū beatæ memoriæ prædecessoris nostri sanctiss, Papæ Leonis, de castitate clericorū, concubinā palam duxerit, vel ductā non reliquerit, ex parte omnipotentis dei & autoritate beati Petri & Pauli præcipini9, & omninò cōtradicimus vt Missam non cantet. &c. That is, MarginaliaEx Romana Synodo. 4.What soeuer Priest, Deacon, or Subdeacon, accordyng to the constitutiō of Pope Leo our predeceßor, concernyng the chastitie of Clerkes, shall openly mary a concubine, or shall not put her away beyng maryed: in the behalfe of almyghty God. &c. We vtterly charge and forbyd the same, that hee sing no Masse, nor read the Gospell or Epistle at Masse, nor execute any diuine seruice. &c. And this was about the yeare of our Lord. 1058.

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Although in this constitution of Pope Nicolas, MarginaliaCōcubine.this word concubine may be vnderstanded for no wife, but so as Gracian vnderstādeth it in þe 16. Canon of the Apostles, in these woordes: MarginaliaDist. 33. Si quis.Concubina verò intelligenda est præter vxorem: that is, for one besides a mans wyfe. Then after this Pope Nicolas, comming 

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Foxe is drawing this material on Alexander II from John Bale, Scriptorum Illustrium maioris Brytanniae Catalogus (Basel, 1557), pp. 156-57.

Pope Alexander, and specially Pope Hildebrand, do expounde this concubine forbydden, for a wyfe, & such Priestes as be maryed, they expounde them for Nicolaitans: for so we read in þe Synode of Millane, vnder Pope Alexander 2. MarginaliaEx Synod. Mediolanens.Nocolaitæ autem dicuntur clerici, qui contra castitatis Ecclesiasticæ regulam fœminis admiscēter. &c. And further it foloweth in the same Synode: MarginaliaMaryed Priestes called Nicolaitans.Nicolaitarum quoq; hæresin nihilominus condemnamus, & non modo Præsbyteros, sed & Diaconos & Subdiaconos ab vxorum, vel cōcubinarum fædo consortio, nostris studijs, in quantum nobis possibilitas fuerit, arcēdos esse promittimus. &c.

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And after it foloweth in this wise: Si hæc de Simoniaca & Nicolaitarum hæresi delenda & funditus destruenda fideliter nō obseruauero, ab omnipotenti Deo, & omnibus Sanctis sim excommunicatus & anathematizatus, & ab omni Christianorū consortio inueniar alienus.

And
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