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1172 [1171]

K . Henry. 8. Allegations against the Vi. Articles.

adiudged that he shall not be bastard. &c. ¶ Frowicke chief Iustice sayd to me in the xix. yeare of Henry the vij. in the common place 

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Almost certainly this is a typographical error for 'Common Pleas'.

, that he was of counsayle in this matter, and that it was adiudged as before, which Vaulsour dyd graunt. MarginaliaFrowickes opinion that the issue of a Priest shall inherite. ¶ And Frowicke sayd that if a Priest mary a wife and hath issue and dyeth, his issue shall enherite for that the espousalls be not voyde but voydable. ¶ Vaulsour: if a man take a Nunne to wife this espousall is voyde.

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☞ Note that in the latter Impression of Henry the viij. yeares of the law, this word Priest in this case aforesayd, in some bookes is left out: Whether of purpose or by negligence, I leaue it to the Reader in iudge.

¶ An other Note for legitimation of Priestes children.

AD Curiam generalem D. Philippi & D. Mariæ Dei gratia. &c. xvj. die Iulij, Anno Reg. dict. Regis & Reginæ primo & tertio irrotulatur sic. Præsentatum est per totum homagium quod Symon Heynes Marginalia* Note that thys Symon Heynes a Doctour and Priest is not called otherwise here in forme of law then [illegible text] as in the Euidences before other Priestes are called. * Clericus diu antè istam Curiam, vid. per duos annos iam elapsos, fuit sesitus secundum consuetudinem huius Manerij in dominico suo vt de feodo, de & in duabus acris terræ, percellis de xxxv. acris & dimidij terræ, nuper in tenura Ioannis Heynes. Ac de & in vno tenemento vocat. Bernardes nuper in tenura Ioannis Cotton. Ac de & in lvij. Acris & iij. rodis terræ & pasturæ, siue plus siue minus, prout iacent in campis de Myldenhall prædicta in diuersis pecijs, vt patet in Curia hic tenta die Iouis proximo post festum Sancti Lucæ Euangelistæ, An. regni Regis Henrici viij. xxxviij. Necnon de & in xij. acris terræ natiuæ iacentibus in Townefield & Twamelfield in diuersis pecijs. Ac de & in quatuor Acris & dimidio terræ iacentibus in Myldenhall prædicta. Ac de & in quinq; rodis terræ iacentibus in Halywelfield. Quua propter præmissa, idem Symon nuper habuit ex sursum reditione Willielmi Heynes prout patet in Curia hic tenta die Martis proximo post Dominicam in Albis Anno regni Regis Edwardi vj. primo. Et sic sesitus idem Symon de omnibus supradictis præmissis inde obijt solus sesitus. Et quòd Ioseph Heynes est filius & hæres eius propinquior, & modo ætatis quinq; annorum & amplius. Qui quidem Ioseph præsens hic in Curia in propria persona sua, petit se admitti ad omnia supradicta, præmissa tanquam ad ius et hæreditatem suam. MarginaliaNote that the opinion of Frowicke hath alway bene taken to be law, as may appeare by this president that passed before Syr Clement Heigham being learned in the lawe, and late chiefe Baron of the Exchequer in the tyme of the late Queene Marye. Et D. Rex & D. Regina ex gratia sua speciali, per Clementem Heighā militem Senescallum suū, concesserunt ei inde sesinam tenedam sibi, hæredibus, & assignatis eius, per virgā ad volūtatem dict. D. Regis & D. Reginæ secundum consuetudinem huius Manerij, per seruitia & redditus inde debita. &c. Saluo iure. &c. Et dat Domino Regi & D. Reginæ v. lib. de fine pro ingressu suo habendo, & fidelitas inde respectuatur quousq;. &c. Et vlterius consideratū est per Curiam quòd dict. Ioseph est infra ætatem vt præfertur. Ideo determinatum est & concessum est per consensum Curia quòd Ioāna Heynes nuper vxor prædicti Simonis, ac mater prædicti Ioseph habebit custodiā eiusdē Ioseph quousq; idem Ioseph peruenerit ad suam legitimam ætatem.

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MarginaliaThe penaltie of the [illegible text] Articles declared. Concernyng these vj. Articles passed in this Acte aforesayd in the 21. yeare of king Henry, sufficiently hetherto hath bene declared, first what these Articles were: secondly by whom and from whom chiefly they proceded: thirdly, how erroneous, pernicious, repugnant and contrarious to true doctrine, christian religion, and the word of God, to nature also it selfe, all reason and honesty, and finally to the auncient lawes, customes, and examples of our foreelders duryng the dayes of a thousand yeares after Christ they were. Fourthly, ye haue heard also what vnreasonable and extreme penalty was set vpon the same, that a man may deeme these lawes to be written not with the inke of Steuen Gardiner, MarginaliaDraconis leges sanquine Scripta. but with the bloud of a Dragon, or rather the clause of the deuill. The breach wherof was made no lesse then treason and felony, and no lesse punishment assigned therto then death.

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Besides all this, the wordes of the Acte were so curious and subtile, that no man could speake, write or cyphar agaynst them, without present daunger, yea scarcely a man might speake any word of Christ and his Religion, but he was in perill of these vj. Articles. Ouer & besides the Papistes began so finely to interprete the Act, that they spared not to indite men for abusing their countenaunce & behauiour in the Church. MarginaliaPotestas tenebrarum. So great was the power of darkenesse in those dayes. And thus much concernyng this Acte.

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Besides these vj. Articles in this foresayd Acte concluded, there was also an other constitution annexed withall, not without the aduise (as may seeme) of the Lord Cromwell, which was this: MarginaliaAn Acte agaynst fornication of vnmaried priestes 

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The act, Stat. an. 32. Reg. Hen. cap. 10, was actually passed in 1541 and not as part of the Six Articles.

: that Priestes and Ministers of the Church, seyng now they would needes thēselues be bounde from all Matrimony, should therefore by law likewise be bounde to such honesty and continencie of lyfe, that carnally they should vse and accustome no maner of woman maryed or single, by way of aduoutrie or fornication: the breache whereof, for the first tyme, was to forfaite goods, 
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This is, to put it mildly, a tortured version of events. Cromwell was not a supporter of this law, but Gardiner was.

& to suffer imprisonment at the kynges pleasure: and for the second tyme, beyng dulye conuicted, it was made felonie as the other were. MarginaliaStatut. an. 22. Reg. Henr. 8. cap. 14.

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In thys constitution, if the Lord Cromwell and other good men of the Parliament myght haue had their wyll, there is no doubt, but the first crime of these concubinarye Priestes, as well as the second, had had the same penaltie, as the other vj. Articles had and should haue bene punished wyth death. But Steuen Gardiner with hys felow Byshops, who then ruled all the roste, so basted thys extraordinarie Article with their accustomed shiftes, that if they were taken and duely conuicte for their not castè nor caute, at first tyme it was but forfaite of goods. Also for the second conuiction or atteinder, they so prouided that the next yeare folowyng, that punishement and payne of death by Acte of Parliament was cleane wyped away and repealed. And why so? Because (sayth the Statute) that punishment by payne of death is very sore, and much extreme therfore it pleaseth the king, with the assent of the Lordes, that that clause aboue writtē concerning felonie, and payns of death, and other penalties and forfaitures, for and vpō the first and second conuiction or atteynder of any priest or woman, for any such offences (of whoredome or aduoutrie) aforesayd, shalbe from hence forth voyd and of none effect. &c. MarginaliaStatut. an. 22. Reg. Henr. 8. cap. 10. So that by this statute it was prouided, for all such votaries as lyued in whoredome and adulterie, MarginaliaThe Acte agaynst the whoredome of priestes qualified, & after what maner. for the first offence to lose his goods and all his spirituall promotions except one. For the second, to forfaite all that he had to the kyng. For the third conuiction to susteyne continuall imprisoment.

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In these vngodly proceedings of the popes Catholicke Clergie, two thynges we haue to note.

MarginaliaThe manifest impietye of the popes doctrine, disclosed. 1. First, the horrible impietie of their doctrine, directly fightyng against the expresse authoritie of God & his word, forasmuch as that which God permitteth, they restrayne: that which he byddeth, they forbyd. Habeat, sayth he: non habeat say they, takyng exceptions agaynst the worde of the Lord. That which he calleth honorable and vndefiled, they call heresie: that which he cōmendeth and instituteth, they punishe with paynes of death. Not onely the priestes that mary, but thē also that say or cyphre that a Priest may mary, at the first they kill as felons. Neither can any Miserere take place for chaste and lawfull wedlocke: where as contrariwyse a spirituall man may thrise defile his neighbours wife, or thrise defloure his Brothers daughter, and no felonie at all layde to hys charge. What is thys in plaine wordes to say, but that it is lesse sinne thrise to commit aduoutry, then once to mary.

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2. The second is to be noted, how these paynted hypocrites do bewray their false dissembled dealinges vnawares wyth whom a man might thus reason. MarginaliaDilemma against votarers that will not marry. Tell vs you priestes and votaries, which so precisely flye the state of Matrimonie, intende you to lyue chaste, and are able so to doe without wiues, or do you keepe your selues chaste and honest without them, and without burnyng, or not? If ye be not able, why thē mary you not? Why take you not þe remedie appointed of God? Why make you those vowes, which you can not performe? or why do you not break them being made, falling therby in daunger of breaking Gods cōmaūdemēt, for keeping your owne? If you be able, and so do intend to continue an honest and a continent conuersation wtout wyues, then shall I aske of you, MarginaliaDoct. Turner hunting the Romishe Foxe. accordyng as Doct. Turner grauely and truely layeth to your charge 

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William Turner, The hostyng and findyng out of the romyshe foxe (Basel, 1543), sigs. B4v-B5r.

: why doe you so carefully prouide a remedie by your lawes aforehand for a mischiefe to come, which you may auoyde if ye liste, vnlesse eyther ye lysted not to stand, though ye might, or els saw your owne infirmitie, that you coulde not though ye would? And therfore fearing your owne weake fragilitie, you prouide wisely for your selues aforehand, that where other shall suffer paynes of death at the first for well doing, you may fall thrise in abhominable adultery, and yet by the law haue your lyues pardoned.

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MarginaliaThe Papistes bewray their own hipocrisie. And here commeth out your owne hypocrisie by your selues bewrayed. For where as you all confesse, that you are able to liue chaste if ye will without wiues, this moderation of the law prouided before against your aduouterous, incontinencie, plainly declareth that either ye purpose willingly to fall, or at least ye feare and stand in doubt not to be able to stand. And why then doe you so confidently take such vowes vpon you, standing in such doubt and feare for the performance therof?

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And be it to you admitted, that all do not fall, but that some keepe their vow, ehough some viciously runne to ocher mens wiues and daughters: then here againe I aske you,

seeing
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