Yes truly. Marginalia* The realme of England is diminished & decayed by the nūber of 200000. persons at least, or els replenished with so many whores and whoremaisters, by restraining of mariage frō priestes, Mōkes, Friers, Nunnes, Colleges, Hospitalls, Beadmen, and such lyke orders within the realme of England. The increase of which numbermyght bee recouered, and the realme more peopled, & also Gods commaūdements better kept, if these vowes of bondage were broken, and matrimonye permitted free to all men.* What an infinitie nomber of people might haue ben encreased to haue peopled the realme, if thys sorte of folke had bene maryed lyke other men? What breach of matrimony is there brought in by thē? such truly as was neuer since the world began, among the whole multitude of the heathen. Who is she that will set her handes to worke, to get iij. ḋ. a day, and may haue at least xx. ḋ. a day to slepe an houre with a Frier, a Monke, or a Priest? What is he that would labour for a grote a daye, and may haue at least xij. ḋ. a day to be baude to a Priest, a Mōke, or a Frier? what a sorte are there of them that mary Priestes soueraigne Ladyes, MarginaliaPriestes and Doues make foule houses.but to cloke the Priestes incōtinency, & that they may haue a liuing of þe Priestes, them selues for their labour? How many M. doth such lubricitie bryng to beggery, theft and idlenes, whiche should haue kept their good name, and haue set them selues to worke, had not ben this excessiue treasure of the spiritualtie? what honest man dare take any man or woman into his seruice, that hath bene at such a schole with a spirituall man?
[Back to Top]MarginaliaThe popes clergie, a shipwracke to all common wealthes.Oh the greuous shypwrake of the common wealth, whiche in aunciēt tyme before the cōmyng of these rauenous wolues, were so prosperous, that thē there were but fewe theeues: yea, theft was at that time so rare, that Cæsar was not compelled to make penaltie of death vpō felony, as your grace may well perceyue in his institutes. MarginaliaThe cause of so many beggars, theeues, and idle people in England.There was also at that tyme, but fewe poore people, and yet they did not begge, but there was giuen thē enough vnasked, for there was at that tyme, none of these rauenous wolues to aske it frō them, as it appeareth in þe Actes of þe Apostles. Is it any maruell though there be now so many beggars, theeues, and idle people? Nay truly.
[Back to Top]At this point in the treatise, Fish has basically claimed that the clergy are a separate state within the state, subject to their own rules and regulations, indeed, taking power away from the temporal authority all the time. His point here is that temporal law is ineffective.
MarginaliaAll lawes and actions captiue to the clergie men.So captiue are your lawes vnto them, that no man whō they liste to excommunicate, may be admitted to sue any action in any of your Courtes. If any man in your Sessions dare be so hardy to endite a Priest of any such crime, he hath ere the yeare go out, such a yoke of heresie laide in his necke, that it maketh him wishe that he had not done it. Your grace may see what a worke there is in London: how the Byshop rageth for endityng of certaine Curates of extorcion and incontinencie the last yere in the wardmot quest. MarginaliaOf Rich. Hunne, read before pag. 930.Had not Richard Hunne commenced action of Premunire agaynst a Priest,
This refers to the great cause célèbre of the 1510s, the so-called Hunne case. In essence, Hunne refused to pay a fee to the parish priest (the rector of St Mary Matfelon in Whitechapel) for the burial of his child (March 1511). The priest sued Hunne in the ecclesiastical court of Audience (April 1512) - which found in the priest's favour - and Hunne counter-sued in the civil courts (January 1513) accusing the priest of slander and praemunire (acting upon the orders of a foreign power without the king's license). The London clergy rallied and charged Hunne with heresy as a result, and he was imprisoned in the Lollards' Tower of St Paul's Cathedral (October 1514). He committed suicide (4 December 1514) and his body was burned for heresy (20 December). A coroner's jury concluded (February 1515) that Hunne had been murdered while in prison. See E Jeffries Davis, 'The Authorities for the Case of Richard Hunne (1514-15)' in The English Historical Review 30 (July 1915), pp. 477-88.
[Back to Top]Mortmain is a legal condition in which land or property is possessed not by a person but by a non-personal legal entity (or corporation) like the church. The land or property, thereby, is not subject to inheritance fines. The two statutes (of 1279 and 1290) were attempts by Edward I to prevent too much land falling into the possession of the church (which limited the crown's revenues).
[Back to Top]MarginaliaThe most good, that the Popes clergie doth in England, is to pray mens soules out of Purgatorie.Neyther haue
This is one of Fish's theological arguments, this one against the doctrine of purgatory very much along sola scriptura lines.
Fish here rejects the sale of indulgences, very much after the tenor of Luther's Ninety-five theses. The doctrine of purgatory was nonsensical in terms of scripture and, according to Fish, the sacrament of penance was more a financial expedient than anything else. Fish seems to (consciously?) misunderstand the doctrine of penance, however, insofar as it relates to indulgences. The indulgence derives from the donation of the penitent (considered to be his act of remorse or his necessary penalty for sin) and not from the action of the pope (who could not simply pardon all the souls without some evidence of genuine remorse).
[Back to Top]Likewise say they of all the whole sorte of the spiritualtie, that if they will praye for no man but for them that gyue them money, they are Tyrannes and lacke charitie, and suffer those soules to be punished and pained vncharitably for lacke of theyr prayers. Thys sort of folkes they call heretickes, these they burne, these they rage agaynst, put to open shame, and make them beare Fagottes. But whether they bee heretickes or no, wel I wotte that this Purgatory and the Popes pardons are all the cause of þe translation of your kyngdome so fast into theyr handes: wherfore it is manifest, it can not be of Christ, MarginaliaChrist submitted hym selfe vnder temporall gouernment.for hee gaue more to the temporall kyngdome, he hym selfe payd tribute to Cesar, he tooke nothyng from hym, but taught that the hygh Powers should be alwayes obeyed, yea he hym self (although he were most free, Lord of all, and innocent) was obedient vnto þe high Powers, vnto death.
Matthew 22.21.
Wherfore, if you will eschew the ruine of your crowne and dignitie, let theyr hypocrisye bee vttered, and that shalbe more spedefull in thys matter, then all the lawes that may be made, be they neuer so strong. For to make a law for to punishe any offender, except it were more for