Henry Vill. in the But what need many arguments for the proof hereof? The statutes and law-books of this realm are very full of them in divers and many A.D. places, besides the precedents for the form of giving of benefices, 1540. whereof none are capable but such as are spiritual men, and of the Clericus, clergy; wherein they are not called or termed by any other title or law, ever term in the Latin tongue, than clerici,' for the most part; not in the king's own grant, or the lord chancellor's, or any other subjects of his. as very well appeareth both by divers old written precedents which have been showed unto me, and also by the forms of presentations, collected and set forth for the instruction of such as are ignorant, or not very perfect in the order of them, in a printed book, called 'The Book of sundry Instruments." taken for a priest. Priests' marriage, how and when it began to be excluded. Thus I doubt not, loving reader, but by these, so plain evidences above prefixed, thou hast sufficiently to understand, that this violent restraint of priests' lawful marriage, within this realm of England, is of no such long reach and antiquity, as hath been thought by many, and all by reason of ignorance of histories, and course of times. So that briefly, as in a summary table, to comprehend the whole effect hereof: First, about the year of our Lord 944, the profession of single life, and displacing of marriage, began to come into example here in England by reason of St. Benedict's monks, who then began to increase; and also about the time of king Edgar, especially by the means of Oswald, archbishop of York, Odo and Dunstan, archbishops of Canterbury, and Ethelwold, bishop of Winchester: so that in divers cathedral churches and bishops' sees, monks, with their professed singleness of life, crept in, and married ministers (who were then called secular priests), with their wives, out of sundry churches were dispossessed, not from wives, but only from their places: and yet not in all churches, but only in certain, whereof read before. Not long after that, about the time of pope Nicholas II., A.D. 1059, of Alexander, and Hildebrand, came into the see of Canterbury another monk, called Lanfranc, who also, being a promoter of this professed chastity, made the decree more general, that all prebendaries being married, in any churches, should be displaced; yet the priests Another Note. Clericus ad ecclesiam confugiens pro felonia, pro immunitate ecclesiastica obtinenda, si asserit se esse clericum, regnum non compellatur abjurare, sed legi regni se reddens gaudebit ecclesiastica libertate, juxta laudabilem consuetudinem regni hactenus usitatam.-In eisdem Articulis in fine, c. 15. Another Note. Appellanti in forma debita, tanquam clerico per ordinarium petito libertatis ecclesiasticæ beneficium non negabitur.-In cap. 16. In the statute entitled 'Articuli Cleri,' made only for the benefit of the clergy, anno regni (1) In this form, in the said book, the words in the king's grant be these: 'Rex reverendissimo in Christo, &c. Ad ecclesiam parochialem de N. vestræ diocæsis modo per mortem ultimi incumbentis ibidem vacantem, et ad nostram donationem pleno jure spectantem, dilectum capellanum nostrum A. B. clericum, intuitu charitatis vobis præsentamus, et mandamus uti dictum A. capellanum nostrum ad præfatam ecclesiam admittere, eumque rectorem ejusdem instituere, cum suis juribus,' &c. But if the presentation be from a knight, an esquire, or a gentleman, then these words, 'capellanum nostrum,' are always left out, as in the said book appeareth in this sort: 'Reverendo in Christo Patri, &c. A. B. de N. ad ecclesiam de N. prædictam vestræ diocæsis modo per mortem T. D. ultimi incumbentis ibidem vacantem, et ad meam præsentationem pieno jure spectantem, dilectum mihi in Christo Jacobum P. clericum vestræ paternitati præsento, humilitèr rogans quatenus præfatum J. ad dictam ecclesiam admittere, ipsumque, in rectorem ejusdem ecclesia institui et induci facere velitis cum suis juribus et pertinentiis universis,' &c. As in the said book is more at large to be seen or perused. in towns and villages should not be compelled to leave their married Henry wives, unless they would. Last of all followed monkish Anselm, A.D. 1104; by whom was made this law at Winchester aforesaid,' that priests, arch-deacons, deacons and sub-deacons, who had wives and spiritual living, should be put from them both; and also that none after should be admitted to their orders, but should first profess single life, that is, to live without wives. And thus much concerning priests' marriage forbidden. Let us add moreover to these evidences above rehearsed, for more confirmation of the ancient use and liberty of priests' marriage, another testimony or two out of like ancient records, with like plain words declaring unto us, how the matrimony of priests, before the time of Lanfranc aforesaid, was no strange example in the church. And first we will infer the words of an old martyrology pertaining to the records of Canterbury. The words of which martyrology be these:2 'Lanfrancus archiep. reddidit ecclesiæ sancti Andreæ, quia de jure ipsius ecclesiæ antiquitus fuerunt, in Sutherge, Murtilac; Londoniæ, monasterium sanctæ Mariæ cum terris et domibus, quas Livingus presbyter et uxor illius Londoniæ habuerunt.' To this also may be adjoined another of like antiquity, out of an old written history belonging to the church of St. Asaph, after the time of Lanfranc, as followeth : 'De clerico uxorato receptante publicè forbonizatum3 scienter, ut possit contra ipsum probari, nobis videtur quod tenetur respondere in foro ecclesiastico. Si vero facit residentiam in terra principis, et contingat ipsum mulctari, tota mulcta sua principi debetur. Si vero residentiam in terra episcopi facit, mulcta dividatur inter episcopum et principem. Si vero uxor alicujus talis scienter vel volenter in ejus absentia receptaverit, mulier in foro ecclesiastico respondeat, et clericus ratione sui facti non puniatur, nec pro ea (nisi velit) respondere cogatur.* Neither is the testimony of Mantuanus unworthy also hereunto to be added, writing in the Life of Hilary, bishop of Poictiers, as followeth. "Integritas vitæ, legum prudentia, cultus Cœlicolum, tutela inopum, diadema pedumque (1) Not Winchester A.D. 1104, but London A.D. 1108. See notes on pp. 333, 338, 339.-ED. (3) Forbonizatum' is a Saxon term, and signifieth as much as a man outlawed. (4) Anno Domini 1261. Ex antiq. libro Asaph. manuscripto. (5) Baptista Mantuanus, who flourished towards the end of the 15th century. His works were collected in 4 vols. Antverpiæ, 1576, and the poetical portion of them has supplied numerous testimonies to the Protestant controversial writers, as to the avarice and corruption of the papal church, both in its head and members. He died general of the Carmelite order, in 1516: Poeta eximius, et theologus non incelebris.' Cave: Script. Eccles. Hist. Literaria, tom. ii. p. 238 (Sæc. Reform.) -ED. VIII. A. D. 1540. Henry A. D. 1540. Three kinds of sion. Quid valeat natura pati. Cervicibus, aiunt, THE SIXTH ARTICLE; TOUCHING AURICULAR CONFESSION. Of confession, three kinds we find in the Scriptures expressed and confes approved. The first is our confession privately or publicly made unto God alone; and this confession is necessary for all men at all times. Wherefore St. John speaketh, "If we confess our sins, he is faithful to forgive," &c.1 Private confes our The second is the confession which is openly made in the face of the congregation. And this confession, also, hath place when any such thing is committed, whereof riseth a public offence and slander to the church of God; as examples there be of penitentiaries in the primitive church, as Melchiades and others, &c. The third kind of confession is that which we make privately to sion to our brother. And this confession is requisite, when either we have brother. injured or by any way damnified our neighbour, whether he be rich or poor; whereof speaketh the gospel, Go and reconcile thyself first unto thy neighbour," &c. Also St. James, "Confess yourselves one to another," &c. Or else this confession may also have place, when any such thing lieth in our conscience, in the opening whereof we stand in need of the counsel and comfort of some faithful brother. But herein must we use discretion in avoiding these points of blind Certain superstition: first, that we put therein no necessity for remission of supersti- our sins, but that we use therein our own voluntary discretion, accordavoided ing as we see it expedient for the better satisfying of our troubled in private mind. The second is, that we be not bound to any enumeration of our sins. The third, that we tie not ourselves to any one person, more than to another, but that we use therein our free choice, who we think can give us the best spiritual counsel in the Lord. points of tion to be confes sion. But as there is nothing in the church so good and so ghostly, which, through peevish superstition either hath not, or may not be perverted, so this confession, also, hath not lacked its abuses. First, the secret confession to God alone, as it hath been counted insufficient, so hath it been but lightly esteemed by many. The public confession to the congregation hath been turned to a standing in a sheet, or else hath been bought out for money. Furthermore, the secret breaking of a man's mind to some faithful or spiritual brother, in disclosing his infirmity or temptations, for counsel and godly comfort, hath been turned into auricular confession in a priest's ear, for assoiling of his sins. In which auricular confession, first, of the free liberty of the abuses in penitent in uttering his griefs, they have made a mere necessity, and auricular that unto salvation and remission of sins. Secondly, they require withal an enumeration and a full recital of all sins whatsoever, both great and small. Also besides the necessity of this ear-confession, Four or five confes sion. VIII. A. D. 1540. they add thereto a prescription of time, at least once in the year, for all Henry men, whether they repent or no, to be confessed; making, moreover, of the same a sacrament. And lastly, whereas before it stood in the voluntary choice of a man, to open his heart to what spiritual brother he thought best, for an easement of his grief, and for ghostly consolation, they bind him to a priest (unless some friar come by the way to be his ghostly father), to whom he must needs confess all, whatsoever he hath done; and though he lack the key of knowledge, and, peradventure, of good discretion, yet none must have power to assoil him, but he, through the authority of his keys. And this manner of confession, they say, was instituted by Christ and his apostles, and hath been used in the church ever since to this present day which is a most manifest untruth, and easy by stories to be convinced. For Socrates, lib. v. c. 19, and Zozimus, lib. vii. c. 16, in the Book of Ecclesiastical History, do give us plainly to understand, that this auricular confession never came of Christ, but only of men. Item, In the time of Tertullian, Beatus Rhenanus testifieth,' that there was no mention made of this auricular confession: which may well be gathered hereof, for that Tertullian, writing upon repentance, maketh no mention at all thereof. Item, In the time of Chrysostome,2 it appeareth there was no such assoiling at the priest's hands, by these words, where he saith, "I require thee not that thou shouldest confess thy sins to thy fellowservant. Tell them unto God, who careth for them." Item, The said Chrysostome, in another place, writing upon repentance and confession, "Let the examination of thy sins and thy judgment," saith he, "be secret and close without witness; let God only see and hear thy confession," &c. 3 Item, In the time of Ambrose, the gloss of the pope's own decrees reporteth, that "this institution of penance was not then begun, which now, in our days, is in use." Item, It is truly said, therefore, of the gloss in another place, where he testifieth that "this institution of penance began rather of some tradition of the universal church, than of any authority of the New Testament, or of the Old," &c. 5 The like also testifieth Erasmus, writing upon Jerome, in these words, " Apparet Hieronymi tempore nondum institutam fuisse," &c.; that is, "It appeareth that in the time of Jerome, this secret confession of sins was not yet ordained, which the church afterwards did institute wholesomely, if our priests and laymen would use it rightly. But herein, divines, not considering advisedly what the old doctors do say, are much deceived. That which they say of general and open confession, they wrest, by and by, to this privy and secret kind of confession, which is far diverse, and of another sort," &c. 6 The like testimony may also be taken of Gratian himself, who, speaking of confession used then in his time, leaveth the matter in (1) Page 434, in his edition of Tertullian's works; folio, Basil. 1521.-ED. (2) Chrys. on Ps. 30, Hom. 1. [This extract, which is not quite accurately translated, is placed amongst the Spuria' in Mountfaucon's edition, tom. v. p. 716, Paris, 1835.-ED.] (3) De Poen. dist. 1. 'Petrus,' in Glossa. [Decret. Gratiani, Par. 1612. col. 1811.-ED.] (4) De Pœn. dist. In principio. (5) Erag. in Schol. in Epitaphium Fabiola. [Opera Omnia (fol. Ludg. 1703), tom. vi. p. 701.-ED.] (6) Gratian de Ponit. dist. 1. 'Quamvis.' [Decret. Gratiani, col. 1869.-ED.] VIII. Henry doubtful suspense, neither pronouncing on the one side nor on the other, but referreth the matter to the free judgment of the readers, which the Act of these Six Articles here enjoineth as necessary, under pain of death. A. D. 1540. First in of auricu lar con fession. Briefly, in few words to search out and notify the very certain time stitution when this article of ear-confession first crept into the church, and what antiquity it hath, in following the judgment of Johannes Scotus and of Antoninus, it may well be supposed that the institution thereof took its first origin by pope Innocent III., in his council of Lateran, A.D. 1215; for so we read in Johannes Scotus: "Præcipua autem specificatio hujus præcepti invenitur in illo capite, Extrav. de pœnit. et remiss. Omnis utriusque sexus, &c. And after, in the same article, it followeth, "Nam ex prima institutione ecclesiæ non videntur fuisse distincti proprii sacerdotes. Quando enim apostoli hinc et inde ibant prædicando verbum Dei," &c. By which words it appeareth that there was no institution of any such confession specified before the constitution of pope Innocent III. Consti Innocent touching confes sion. But more plainly the same may appear by the words of Antoninus.2 tution of "Pope Innocent III., in his general council aforesaid, touching the III. sacraments of confession and the communion, made this constitution, auricular as followeth: That every faithful person, both man and woman, after they come to the years of discretion, shall confess all their sins by themselves alone, at least once a year, to their own ordinary priest; and shall endeavour to fulfil, by their own strength, their penance to them enjoined; &c. ' or else, who so doth not, shall neither have entrance into the church, being alive, nor, being dead, shall enjoy christian burial. Wherefore this wholesome constitution we will to be published often in the churches, lest any men through the blindness of ignorance, may make to themselves a cloak of excuse, &c. And thus much hitherto we have alleged, by occasion incident, of these six articles, for some part of confutation of the same, referring the reader, for the rest, to the more exquisite tractation of divines, who professedly write upon those matters. In the mean time, forasmuch as there is extant in Latin a certain learned epistle of Philip Melancthon, written to king Henry VIII., against these six wicked articles above specified, I thought not to defraud the reader of the fruit thereof, for his better understanding and instruction. The tenor and effect of his epistle translated into English thus followeth : The Copy of Philip Melancthon's fruitful Epistle, sent to King Most famous and noble prince! there were certain emperors of Rome, as Adrian, Pius, and afterwards the two brethren, Verus and Marcus, who did receive gently the apologies and defences of the Christians; which so prevailed with those moderate princes, that they assuaged their wrath against the Christians, and obtained mitigation of their cruel decrees: even so, forasmuch as there is a decree set forth of late in your realm, against that doctrine which we (1) Lib. iv. Sent. Dist. 17,artic. 3. (2) Innocentius tertius' in concilio generali præfato, circa sacramenta confessionis et communionis sic statuit,' &c.: 'Omnis, utriusque sexus fidelis, postquam ad annum discretionis pervenerit, omnia peccata sua solus saltem semel in anno, confiteatur proprio sacerdoti, et injunctam sibi pœnitentiam propriis pro viribus studeat adimplere,' &c.: alioquin et vivens ab ingressu ecclesiæ arceatur, et moriens Christiana careat sepultura. Unde hoc salutare statutum frequenter in ecclesiis publicetur, ne quisquam ignorantiæ cæcitate velamen excusationis assumat,'&c. Antoninus, Part iii. Hist.tit.19. [fol. Ludg, 1586, tom. iii. p. 95.-ED.] |